Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 15369 

DOS, DHS and DOS, and the role of 

foreign policy considerations in asylum 

adjudications. 

B. Regulatory Flexibility Act 

Because USCIS is not required by the 

APA to publish a notice of proposed 

rulemaking to make the changes 

promulgated in this rule, the Regulatory 

Flexibility Act (RFA) is not applicable. 

C. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by state, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

D. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 5 U.S.C. 804. This 

rule will not result in an annual effect 

on the economy of $100 million or 

more; a major increase in costs or prices; 

or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of the United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

E. Executive Order 12866 

This rule has been designated as not 

significant under Executive Order 

12866, section 3(f), Regulatory Planning 

and Review. Thus it has not been 

reviewed by the Office of Management 

and Budget. 

F. Executive Order 13132: Federalism 

This rule will not have substantial 

direct effects 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. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. 

G. Executive Order 12988: Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

H. Paperwork Reduction Act 

The information collection 

requirement (Form I–589) contained in 

this rule has been previously approved 

by the Office of Management and 

Budget under the provisions of the 

Paperwork Reduction Act. The OMB 

control numbers for these collections 

are contained in 8 CFR 299.5, Display of 

control numbers. This rule does not 

contain a new or revised information 

collection. 

List of Subjects in 8 CFR Part 208 

Administrative practice and 

procedure, Aliens, Immigration, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, chapter I of title 8 of the 

Code of Federal Regulations is amended 

as follows: 

PART 208—PROCEDURES FOR 

ASYLUM AND WITHHOLDING OF 

REMOVAL 

■ 1. The authority citation for part 208 

continues to read: 

Authority: 8 U.S.C. 1103, 1158, 1226, 

1252, 1282; 8 CFR part 2. 

■ 2. Section 208.11 is revised to read as 

follows: 

§ 208.11 Comments from the Department 

of State. 

(a) U.S. Citizenship and Immigration 

Services (USCIS) may request, at its 

discretion, specific comments from the 

Department of State regarding 

individual cases or types of claims 

under consideration, or such other 

information as USCIS deems 

appropriate. 

(b) With respect to any asylum 

application, the Department of State 

may provide, at its discretion, to USCIS: 

(1) Detailed country conditions 

information relevant to eligibility for 

asylum or withholding of removal; 

(2) An assessment of the accuracy of 

the applicant’s assertions about 

conditions in his or her country of 

nationality or habitual residence and his 

or her particular situation; 

(3) Information about whether persons 

who are similarly situated to the 

applicant are persecuted or tortured in 

the applicant’s country of nationality or 

habitual residence and the frequency of 

such persecution or torture; or 

(4) Such other information as it deems 

relevant. 

(c) Any comments received pursuant 

to paragraph (b) of this section shall be 

made part of the record. Unless the 

comments are classified under the 

applicable Executive Order, the 

applicant shall be provided an 

opportunity to review and respond to 

such comments prior to the issuance of 

any decision to deny the application. 

Janet Napolitano, 

Secretary. 

[FR Doc. E9–7051 Filed 4–3–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0123 Directorate 

Identifier 2009–CE–005–AD; Amendment 

39–15868; AD 2009–07–09] 

RIN 2120–AA64 

Airworthiness Directives; DORNIER 

Luftfahrt GmbH Models Dornier 228– 

100, Dornier 228–101, Dornier 228–200, 

Dornier 228–201, Dornier 228–202, and 

Dornier 228–212 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final Rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

It has been evidenced in-service that 

aileron trim actuator and rod spring lever 

attachment bracket—between frame 18 and 

19 LH—on some aircraft may present loose 

rivets. If left uncorrected, this condition 

could lead to the separation of the 

attachment bracket which could result in loss 

of aileron trim and loss of artificial force 

feedback, and consequent reduced 

controllability of the airplane. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

11, 2009. 

On May 11, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

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. 


pwalker on PROD1PC71 with RULES
15370 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: Greg 

Davison, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 

329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on February 13, 2009 (74 FR 

7200). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

It has been evidenced in-service that 

aileron trim actuator and rod spring lever 

attachment bracket—between frame 18 and 

19 LH—on some aircraft may present loose 

rivets. If left uncorrected, this condition 

could lead to the separation of the 

attachment bracket which could result in loss 

of aileron trim and loss of artificial force 

feedback, and consequent reduced 

controllability of the airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect 17 

products of U.S. registry. We also 

estimate that it will take about 5 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Required parts will cost about $5 per 

product. 

Based on these figures, we estimate 

the cost of this AD to the U.S. operators 

to be $6,885 or $405 per product. 

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 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 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD Docket. 

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 the NPRM, 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. 

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: 

2009–07–09 DORNIER Luftfahrt GmbH: 

Amendment 39–15868; Docket No. 

FAA–2009–0123; Directorate Identifier 

2009–CE–005–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 11, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Dornier 228–100, 

Dornier 228–101, Dornier 228–200, Dornier 

228–201, Dornier 228–202, and Dornier 228– 

212 airplanes, all serial numbers, certificated 

in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been evidenced in-service that 

aileron trim actuator and rod spring lever 

attachment bracket—between frame 18 and 

19 LH—on some aircraft may present loose 

rivets. If left uncorrected, this condition 

could lead to the separation of the 

attachment bracket which could result in loss 

of aileron trim and loss of artificial force 

feedback, and consequent reduced 

controllability of the airplane. 

For the reasons described above, this 

Airworthiness Directive requires first an 

inspection of the trim lever attachment 

bracket and as a second step the replacement 

of the 4 existing rivets by Hi-Lock rivets. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within the next 10 hours time-inservice (TIS) after May 11, 2009 (the effective 

date of this AD), do the inspection for 

‘‘unequal aileron steering wheel force’’ in 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Rules and Regulations 15371 

accordance with paragraphs 2.A.(1) through 

2.A.(3) of the ACCOMPLISHMENT 

INSTRUCTIONS of RUAG Aerospace 

Defence Technology Dornier 228 Service 

Bulletin No. SB–228–275, Revision No.: 0, 

dated October 8, 2008. If any defect is found, 

before further flight, modify the attachment 

bracket riveting in accordance with 

paragraph 2.B. of the ACCOMPLISHMENT 

INSTRUCTIONS of RUAG Aerospace 

Defence Technology Dornier 228 Service 

Bulletin No. SB–228–275, Revision No.: 0, 

dated October 8, 2008. 

(2) Within 300 hours TIS after May 11, 

2009 (the effective date of this AD), unless 

accomplished as required per paragraph (f)(1) 

of this AD, modify the attachment bracket 

riveting in accordance with paragraph 2.B. of 

the ACCOMPLISHMENT INSTRUCTIONS of 

RUAG Aerospace Defence Technology 

Dornier 228 Service Bulletin No. SB–228– 

275, Revision No.: 0, dated October 8, 2008. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

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: Greg Davison, Glider Program 

Manager, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4130; fax: (816) 

329–4090. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, 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 and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency AD No.: 2008–0217, dated 

December 10, 2008; and RUAG Aerospace 

Defence Technology Dornier 228 Service 

Bulletin No. SB–228–275, Revision No.: 0, 

dated October 8, 2008, for related 

information. 

Material Incorporated by Reference 

(i) You must use RUAG Aerospace Defence 

Technology Dornier 228 Service Bulletin No. 

SB–228–275, Revision No.: 0, dated October 

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 RUAG Aerospace Services 

GmbH, Dornier 228 Customer Support, P.O. 

Box 1253, 82231 Wessling, Federal Republic 

of Germany, telephone: +49 (0) 8153–30– 

2280; fax: +49 (0) 8153–30–3030; E-mail: 

custsupport.dorner228@ruag.com; Internet: 

http://www.ruag.com/. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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 Kansas City, Missouri, on March 

24, 2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–7071 Filed 4–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0125 Directorate 

Identifier 2009–CE–002–AD; Amendment 

39–15873; AD 2009–07–14] 

RIN 2120–AA64 

Airworthiness Directives; Diamond 

Aircraft Industries GmbH Model DA 40 

and DA 40F Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final Rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

A number of wings manufactured by 

Diamond Aircraft Industries Inc. in Canada 

have been found to exhibit voids in the 

adhesive joint between the main spar caps 

and the upper wing skins. The available 

information indicates that wings with voids 

continue to meet the certification design 

limits, provided the voids are within 

established criteria. However, to detect any 

wings that may have voids exceeding these 

criteria, Diamond has issued Mandatory 

Service Bulletin MSB–40–060 and MSB–F4– 

016 (single document) that describes 

instructions for inspection of the aircraft that 

had these wings installed during 

manufacture. Aircraft that have voids within 

the inspection criteria may continue to 

operate without restriction, pending the 

outcome of ongoing investigations. Aircraft 

that have voids exceeding the inspection 

criteria must be repaired. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

11, 2009. 

On May 11, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

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: 

Sarjapur Nagarajan, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4145; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on February 13, 2009 (74 FR 

7196). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

A number of wings manufactured by 

Diamond Aircraft Industries Inc. in Canada 

have been found to exhibit voids in the 

adhesive joint between the main spar caps 

and the upper wing skins. The available 

information indicates that wings with voids 

continue to meet the certification design 

limits, provided the voids are within 

established criteria. However, to detect any 

wings that may have voids exceeding these 

criteria, Diamond has issued Mandatory 

Service Bulletin MSB–40–060 and MSB–F4– 

016 (single document) that describes 

instructions for inspection of the aircraft that 

had these wings installed during 

manufacture. Aircraft that have voids within 


pwalker on PROD1PC71 with RULES