13098 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

2009–06–16 Empresa Brasileira de 

Aeronautica S.A. (Embraer): 

Amendment 39–15853. Docket No. 

FAA–2008–0831; Directorate Identifier 

2008–NM–051–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 30, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

ERJ 170–100 LR, –100 SE, –100 STD, –100 

SU, –200 LR, –200 STD, and –200 SU 

airplanes; and Model ERJ 190–100 IGW, –100 

LR, –100 STD, –100 ECJ, –200 IGW, –200 LR, 

and –200 STD airplanes; certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 24: Electrical power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the occurrence of failed 

bearings of the RAT [ram air turbine] 

generator, which may lead to a RAT 

generator failure. The RAT generator was 

designed to provide emergency electrical 

power to essential systems in case of loss of 

all other sources of aircraft AC electrical 

power. 

Loss of emergency electrical power could 

result in reduced controllability of the 

airplane during in-flight emergencies. The 

corrective actions include determining the 

part number (P/N) and serial number (S/N) 

of the RAT, and re-identifying or replacing 

the RAT if necessary. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 1,300 flight hours or 6 months 

after the effective date of this AD, whichever 

occurs first, determine the P/N and S/N of 

the RAT. For airplanes on which a RAT 

having P/N 1703781 is installed, do the 

actions specified in paragraphs (f)(1)(i) and 

(f)(1)(ii) of this AD, as applicable, in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–24–0041, Revision 01, dated August 28, 

2007; or 190–24–0012, Revision 01, dated 

August 21, 2007; as applicable. 

(i) For airplanes on which the S/N on the 

RAT is 0110, 0150, 0255, or 0354 through 

0419: Before further flight, re-identify RAT P/ 

N 1703781 to P/N 1703781A. 

(ii) For airplanes on which the S/N on the 

RAT is 0005, 0101 through 0109, 0111 

through 0149, 0151 through 0254, or 0256 

through 0353: Within 6,000 flight hours or 26 

months after the effective date of this AD, 

whichever occurs first, replace the affected 

RAT with a serviceable RAT. 

(2) Previous accomplishment of the reidentification or replacement of the RAT 

before the effective date of this AD in 

accordance with EMBRAER Service Bulletin 

170–24–0041 or 190–24–0012, both dated 

May 4, 2007, meets the requirements of 

(f)(1)(i) and (f)(1)(ii) of this AD, as applicable. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

difference. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, 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: Kenny Kaulia, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2848; fax (425) 227–1149. 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 FAAapproved 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, 

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 Brazilian Airworthiness 

Directives 2007–12–01 and 2007–12–02, both 

effective January 24, 2008, and EMBRAER 

Service Bulletins 170–24–0041, Revision 01, 

dated August 28, 2007; and 190–24–0012, 

Revision 01, dated August 21, 2007; for 

related information. 

Material Incorporated by Reference 

(i) You must use EMBRAER Service 

Bulletin 170–24–0041, Revision 01, dated 

August 28, 2007; or EMBRAER Service 

Bulletin 190–24–0012, Revision 01, dated 

August 21, 2007; as applicable; 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 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone: 

+55 12 3927–5852 or +55 12 3309–0732; fax: 

+55 12 3927–7546; e-mail: 

distrib@embraer.com.br; Internet: http:// 

www.flyembraer.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 March 

10, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6565 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 137 

Operations in Controlled Airspace 

Designated for an Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This final rule revises an 

incorrect cross-reference in the 

regulations regarding operations in 

controlled airspace designated for an 

airport. The current regulations crossreference a particular paragraph that no 

longer exists. This final rule updates the 

cross-reference so that the reader will be 

able to find the appropriate weather 

minimum limitations on visual flight 

rules for aircraft in controlled airspace 

near airports. 

DATES: Effective Date: This final rule is 

effective March 26, 2009. 

FOR FURTHER INFORMATION CONTACT: Carl 

N. Johnson, Flight Standards Office, 

AFS–820, Federal Aviation 

Administration, 800 Independence 

Ave., SW., Washington, DC 20591; 

telephone (202) 493–5351; e-mail 

carl.n.johnson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 17, 1991 (56 FR 65664), 

an amendment created § 137.43, 

Operations in controlled airspace 

designated for an airport. Paragraph (c) 

of this section contains a reference to 

paragraph (a)(2) of § 91.157, Special 

VFR weather minimums. The purpose 

of the cross-reference is to set out the 

exceptions for aircraft operating under 

special visual flight rules (VFR) in 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 13099 

1 Mohawk sells a line of carpets manufactured 

from PTT under the trademark SmartStrand®. 

DuPont markets PTT under the trademark Sorona®. 

PTT Canada markets PTT under the trademark 

Corterra® Polymers. 

2 16 CFR 303.7(c). Rule 7(c) defines ‘‘polyester’’ 

as ‘‘a manufactured fiber in which the fiber-forming 

substance is any long chain synthetic polymer 

composed of at least 85% by weight of an ester of 

a substituted aromatic carboxylic acid, including 

but not restricted to substituted terephthalate units, 

and para substituted hydroxy-benzoate units.’’ 

3 The Petition is available in electronic form at: 

(http://www.ftc.gov/os/statutes/textile/info/ 

PTTGenAppRev8-30-06.pdf). The Petition, as well 

as any comments filed in this proceeding, are 

available for public inspection in accordance with 

the Freedom of Information Act, 5 U.S.C. 552, and 

the Commission’s Rules of Practice, 16 CFR 4.11, 

at the Consumer Response Center, Public Reference 

Section, Room 130, Federal Trade Commission, 600 

Pennsylvania Avenue, NW, Washington, DC. 

4 These questions addressed improving the 

legibility of some data and identifying the KruskalWallis test as a statistical analysis rather than a 

carpet human traffic test. 

5 72 FR 48600 (Aug. 24, 2007). 

6 Comments filed in this rulemaking can be found 

under the Rules and Regulations Under the Textile 

Fiber Products Identification Act, 16 CFR Part 303, 

Matter No. P074201, ‘‘Mohawk, DuPont, and PTT 

Canada Generic Fiber Petition Rulemaking.’’ The 

comments also may be viewed on the Commission’s 

website at: (http://www.ftc.gov/os/comments/ 

textile-mohawk/index.shtm) and (http:// 

www.ftc.gov/os/comments/textilefibernewgeneric/ 

index.shtm). 

7 In its comment, Invista stated that it is one of 

the world’s largest integrated producers of manmade fibers, and the largest producer of nylon fibers 

used in the production of both residential and 

commercial carpeting. Invista at 1. 

8 Invista also argued that Mohawk violated the 

Textile Fiber Products Identification Act and 

Textile Rules by marketing PTT carpet without 

identifying it as ‘‘polyester,’’ and that this failure to 

comply should weigh heavily against granting the 

Petition. Invista at 7. 

9 Prior to the comment period closing, the 

Commission did not receive any comments 

responding to Invista’s comment. Petitioners 

Continued 

controlled airspace designated for 

airports. However, a final rule published 

on December 5, 1995 (58 FR 51968) 

revised § 91.157. That revision removed 

paragraph (a)(2) and placed the 

information in paragraph (b)(4). As a 

result, the cross-reference in § 137.43 

became inaccurate. This final rule 

revises the cross-reference in § 137.43(c) 

so that it correctly refers to 

§ 91.157(b)(4). 

Technical Amendment 

This technical amendment merely 

revises an out-of-date cross-reference. 

There are no other changes to the 

existing regulatory text. 

Justification for Immediate Adoption 

Because this action updates an 

inaccurate cross-reference, the FAA 

finds that notice and public comment 

under 5 U.S.C. section 553(b) is 

unnecessary. For the same reason, the 

FAA finds good cause exists under 5 

U.S.C. section 553(d) for making this 

rule effective upon publication. 

List of Subjects in 14 CFR Part 137 

Agriculture, Aircraft, Aviation safety, 

Reporting and recordkeeping 

requirements. 

The Amendment 

■ In consideration of the forgoing, the 

FAA amends 14 CFR part 137 as 

follows: 

PART 137—AGRICULTURAL 

AIRCRAFT OPERATIONS 

■ 1. The authority citation for part 137 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

44701–44702. 

§ 137.43 [Amended] 

■ 2. Amend § 137.43(c) by removing the 

reference ‘‘§ 91.157(a)(2)’’ and adding in 

its place the reference ‘‘§ 91.157(b)(4)’’. 

Issued in Washington, DC on March 13, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E9–6731 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 303 

Rules and Regulations Under the 

Textile Fiber Products Identification 

Act 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission (‘‘Commission’’ or ‘‘FTC’’) 

amends Rule 7(c) of the Rules and 

Regulations under the Textile Fiber 

Products Identification Act (‘‘Textile 

Rules’’) to establish a new generic fiber 

subclass name and definition within the 

existing definition of ‘‘polyester’’ for a 

subclass of fibers made from 

poly(trimethylene terephthalate) 

(‘‘PTT’’). The amendment establishes 

the subclass name ‘‘triexta.’’ 

EFFECTIVE DATE: March 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Janice Podoll Frankle, Attorney, 

Division of Enforcement, Bureau of 

Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Ave., 

N.W., Washington, D.C., 20580; (202) 

326-3022. 

SUPPLEMENTARY INFORMATION: Pursuant 

to a petition filed by Mohawk 

Industries, Inc. (‘‘Mohawk’’), E. I. du 

Pont de Nemours and Company 

(‘‘DuPont’’), and PTT Poly Canada 

(‘‘PTT Canada’’) (collectively 

‘‘Petitioners’’), the FTC amends Rule 

7(c) of the Textile Rules. 16 CFR 

§ 303.7(c). The amendment establishes 

the subclass name ‘‘triexta’’ as an 

alternative to the generic name 

‘‘polyester’’ for a specific subclass of 

textile fibers defined in the amendment. 

In reaching this conclusion, the 

following Federal Register document 

recounts the procedural history of this 

matter and details the record established 

by the petition and public comments. 

The document then analyzes this record 

based on the applicable Commission 

standard. 

I. Procedural History 

On February 21, 2006, Petitioners 

asked the Commission to establish a 

new generic subclass within the existing 

‘‘polyester’’ category for fibers made 

from poly(trimethylene terephthalate) 

(‘‘PTT’’).1 After initially analyzing the 

request with the assistance of a textile 

expert, tentatively and without the 

benefit of public comment, the 

Commission agreed with Petitioners that 

PTT fiber satisfied the criteria for 

establishing a new generic fiber subclass 

name and definition within Rule 7(c)’s 

definition of ‘‘polyester.’’2 Accordingly, 

on April 18, 2006, the Commission 

assigned Petitioners the designation 

‘‘PTT001’’ for temporary use in 

identifying PTT fiber pending a final 

determination on the merits of their 

Petition. 

On September 7, 2006, Petitioners 

submitted a revised petition 

(‘‘Petition’’)3 restating the original 

request and addressing minor questions 

raised by Commission staff.4

On August 24, 2007, the Commission 

solicited comment on whether to amend 

Rule 7(c) of the Textile Rules to 

establish a new generic fiber subclass 

name for PTT within the definition of 

‘‘polyester’’ for PTT (‘‘2007 Notice’’).5

At the close of the comment period, 

November 12, 2007, the Commission 

had received 49 comments.6

INVISTA S.r.l. (‘‘Invista’’)7 was the 

sole commenter to oppose the Petition. 

Its comment, however, raised serious 

concerns. Specifically, the comment 

criticized Petitioners’ testing procedures 

and provided Invista’s own test results 

that showed little difference between 

PTT and traditional ‘‘polyester’’ fibers 

(polyethylene terephthalate (‘‘PET’’)).8

Because the Commission received 

Invista’s comment only three days prior 

to the close of the 75 day comment 

period, Petitioners and other interested 

parties had limited opportunity to 

review and respond to it.9 Therefore, on