Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Proposed Rules 14099 

For the reasons discussed above, I 

certify this proposed 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 proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 

removing Amendment 39–15467 (73 FR 

21220; April 21, 2008), and adding the 

following new AD: 

DORNIER LUFTFAHRT GmbH: Docket No. 

FAA–2009–0284; Directorate Identifier 

2009–CE–016–AD. 

Comments Due Date 

(a) We must receive comments by April 29, 

2009. 

Affected ADs 

(b) This AD supersedes AD 2008–08–15, 

Amendment 39–15467 (73 FR 21220; April 

21, 2008). 

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, that: 

(1) Are certificated in any category; and 

(2) Have had the rudder and/or elevator 

replaced or repaired at Fairchild Dornier or 

RUAG between the year 2000 and 2005. The 

concerned rudder and elevator part numbers 

and serial numbers are listed on page 7 of 

RUAG Aerospace Defence Technology 

Dornier 228 Service Bulletin No. SB–228– 

270, Rev. No. 1, dated November 28, 2008. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 51: Standard Practices/ 

Structures. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The manufacturer reported findings of 

missing primer on the internal of the elevator 

and rudder of aircraft S/N 8200. The aircraft 

S/N 8200 was with RUAG for maintenance 

purposes. Investigation performed by RUAG 

showed that the paint removal procedure for 

the rudder and elevator was changed from a 

paint stripping with brush and scraper to a 

procedure where the parts were submerged 

in a tank filled with hot liquid stripper. The 

stripper is called TURCO 5669 from Henkel 

Surface Technologies. The stripping process 

is described in the Technical Process Bulletin 

No. 238799 dated 09/01/1999. This paint 

stripping process change was not 

communicated to and not approved by the 

TC-Holder. 

Corrosion damage can occur through 

insufficient surface protection. Consequently, 

the MCAI requires a detailed visual 

inspection of the inner structure of the 

rudder and elevator for signs of corrosion, debonded primer (yellow-green), and any 

deviation of surface protection. If the 

inspection results show corrosion beyond the 

acceptable level or areas with de-bonded 

primer, the inspection results have to be 

reported to RUAG Aerospace Services GmbH 

for further decisions. If necessary, repair the 

affected parts in accordance with the 

applicable repair instruction obtained from 

RUAG Aerospace Services GmbH. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 2 months after the effective date 

of this AD, do a detailed visual inspection on 

the inner structure of the rudder and elevator 

for signs of corrosion, debonded primer 

(yellow-green), and any other deviation of 

surface protection following RUAG 

Aerospace Defence Technology Dornier 228 

Service Bulletin No. SB–228–270, Rev. No. 1, 

dated November 28, 2008. 

(2) If you find corrosion or areas with 

debonded primer as a result of the inspection 

required by paragraph (f)(1) of this AD, before 

further flight, do the following: 

(i) Report the inspection results to 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 and request FAA-approved 

repair instructions following RUAG 

Aerospace Defence Technology Dornier 228 

Service Bulletin No. SB–228–270, Rev. No. 1, 

dated November 28, 2008. 

(ii) Repair corrosion following FAAapproved repair instructions obtained from 

RUAG Aerospace Services GmbH. 

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, Aerospace Engineer, 

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 German AD D–2007– 

350R1, dated January 30, 2009; and RUAG 

Aerospace Defence Technology Dornier 228 

Service Bulletin No. SB–228–270, Rev. No. 1, 

dated November 28, 2008, for related 

information. 

Issued in Kansas City, Missouri, on March 

24, 2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6984 Filed 3–27–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 10 

[USCBP–2008–0105] 

RIN 1505–AC07 

Cost or Value of Foreign Repairs, 

Alterations, or Processing 

AGENCIES: Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Withdrawal of notice of 

proposed rulemaking. 

SUMMARY: This document withdraws a 

notice of proposed rulemaking, 

published in the Federal Register on 

March 13, 2009 (74 FR 10849), that 


rwilkins on PROD1PC63 with PROPOSALS
14100 Federal Register / Vol. 74, No. 59 / Monday, March 30, 2009 / Proposed Rules 

proposed to amend the U.S. Customs 

and Border Protection (CBP) Regulations 

to exclude from the dutiable value of 

repairs, alterations, or processing 

performed abroad on articles exported 

from the United States and returned 

under subheading 9802.00.40, 

9802.00.50, or 9802.00.60, Harmonized 

Tariff Schedule of the United States 

(HTSUS), the value of U.S.-origin parts 

used in the foreign repairs, alterations, 

or processing. The notice is being 

withdrawn to permit further 

consideration of the relevant issues 

involved in the proposed rulemaking. 

DATES: The notice of proposed 

rulemaking is withdrawn on March 30, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Monika Brenner, Regulations and 

Rulings, Office of International Trade, 

202–325–0038. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 13, 2009, CBP published in 

the Federal Register (74 FR 10849) a 

document that proposed to amend 

§§ 10.8(d) and 10.9(d) of the CBP 

regulations (19 CFR 10.8(d) and 10.9(d)) 

to exclude from the dutiable value of 

repairs, alterations, or processing 

performed abroad on articles exported 

and returned to the United States under 

subheading 9802.00.40, 9802.00.50, or 

9802.00.60, HTSUS, the value of U.S.- 

origin parts used in the foreign repairs, 

alterations, or processing. 

Withdrawal of Notice of Proposed 

Rulemaking 

CBP is withdrawing the notice of 

proposed rulemaking published in the 

Federal Register on March 13, 2009, so 

that relevant issues involved in the 

proposed rulemaking may be further 

considered. 

Jayson P. Ahern, 

Acting Commissioner, Customs and Border 

Protection. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. E9–7154 Filed 3–27–09; 8:45 am] 

BILLING CODE 9111–14–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4001, 4901 and 4902 

Disclosure and Amendment of 

Records Pertaining to Individuals 

Under the Privacy Act 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Proposed rule. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (PBGC) is proposing to 

amend its regulations implementing the 

Privacy Act of 1974, as amended, to 

exempt certain records that will be 

maintained in a system of records 

entitled ‘‘PBGC–17, Office of Inspector 

General Investigative File System)— 

PBGC’’ from the access, contest, and 

certain other provisions of the Privacy 

Act. The amendment would protect the 

information gathered to carry out the 

Office of Inspector General’s law 

enforcement mission to investigate 

criminal, civil, and administrative 

matters. 

DATES: Comments must be received by 

April 29, 2009. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

• E-mail: reg.comments@pbgc.gov. 

• Fax: 202–326–4224. 

• Mail or Hand Delivery: Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005– 

4026. 

Comments received, including personal 

information provided, will be posted to 

http://www.pbgc.gov. Copies of 

comments may also be obtained by 

writing to Disclosure Division, Office of 

General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026, or 

calling 202–326–4040 during normal 

business hours. (TTY and TDD users 

may call the Federal relay service tollfree at 1–800–877–8339 and ask to be 

connected to 202–326–4040.) 

FOR FURTHER INFORMATION CONTACT: 

Margaret E. Drake, Attorney, Office of 

the General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026; 202– 

326–4400 (extension 3228); or James 

Bloch, Program Analyst, Legislative & 

Regulatory Department; 202–326–4223 

(extension 3530). (For TTY/TDD users, 

call the Federal relay service toll-free at 

1–800–877–8339 and ask to be 

connected to 202–326–4400 (extension 

3228) or 202–326–4223 (extension 

3530).) 

SUPPLEMENTARY INFORMATION: The PBGC 

Office of Inspector General (OIG) 

conducts criminal, civil and 

administrative investigations and 

compiles and maintains case files 

containing identifying information 

about potential subjects and sources. 

PBGC is proposing a new system of 

records subject to the Privacy Act of 

1974, as amended, 5 U.S.C. 552a 

(‘‘Privacy Act’’), entitled ‘‘PBGC–17, 

Office of Inspector General Investigative 

File System—PBGC.’’ (PBGC’s notice of 

a new system of records appears 

elsewhere in today’s Federal Register.) 

The proposed new system of records 

will cover only the files of investigation 

that identify by name, or other personal 

identifier, individuals who are subjects 

or sources of information. The system of 

records is necessary to the investigative 

functions performed by the OIG under 

the authority of the Inspector General 

Act of 1978, as amended, 5 U.S.C. App. 

3. The files may contain information 

about criminal, civil or administrative 

wrongdoing, or about fraud, waste or 

mismanagement, or other violations of 

law or regulation. This information 

could be the basis for referrals to 

appropriate prosecutorial authorities for 

consideration of criminal or civil 

prosecution or to PBGC management for 

administrative corrective action. The 

collection and maintenance of these 

types of records that are subject to this 

system are not new; however, in the 

past they have not been retrieved by a 

name or other personal identifier. OIG is 

implementing an electronic records 

management system from which records 

will be retrieved by name or other 

personal identifier. 

Proposed Regulatory Changes 

Exemptions 

PBGC is proposing to amend its 

regulations implementing the Privacy 

Act (29 CFR part 4902) to exempt, under 

5 U.S.C. 552a(j) and (k), certain records 

that will be maintained in PBGC–17 

from the access, contest, and certain 

other provisions of the Privacy Act. The 

amendment would protect the 

information gathered to carry out OIG’s 

law enforcement mission to investigate 

criminal, civil, and administrative 

matters. The exemptions relate to 

records maintained by OIG pertaining to 

the enforcement of criminal laws (see 5 

U.S.C. 552a(j)(2)) and investigatory 

material compiled for law enforcement 

generally (see 5 U.S.C. 552a(k)(2)), and 

for determining individuals’ eligibility 

or qualifications for Federal 

employment or Federal contracts (see 5 

U.S.C. 552a(k)(5)). 

Other Changes 

Section 411 of the Pension Protection 

Act of 2006, Public Law 109–280, 

amended section 4002(a) of ERISA to 

state that PBGC is to be administered by 

a Director appointed by the President, 

subject to Senate confirmation. Thus, 

PBGC proposes to replace all references 


rwilkins on PROD1PC63 with PROPOSALS