18116 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

■ 2. Section 145.14 is amended by 

revising the section heading to read as 

follows: 

§ 145.14 Testing. 

* * * * * 

Done in Washington, DC, this 15th day of 

April 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–9098 Filed 4–20–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 835 

[Docket No. HS–RM–09–835] 

RIN 1901–AA95 

Occupational Radiation Protection; 

Correction 

AGENCY: Department of Energy. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: The Department of Energy 

(DOE) corrects two errors in its 

Occupational Radiation Protection 

regulations. One error originated in a 

final rulemaking (FR Doc. 98–27366), 

which was published in the Federal 

Register of Wednesday, November 4, 

1998 (63 FR 59661). The second error 

originated in a final rulemaking (FR 

Doc. E7–10477), which was published 

in the Federal Register of Friday, June 

8, 2007 (72 FR 31903). 

DATES: Effective Date: April 21, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Judith Foulke, (301) 903–5865, e-mail: 

Judy.Foulke@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

DOE first published title 10, Code of 

Federal Regulations, part 835, 

Occupational Radiation Protection (part 

835), as a final rule on December 14, 

1993. In the November 4, 1998, 

amendment to part 835, DOE, in part, 

revised footnote 1 to appendix D. The 

revised footnote references an exception 

noted in footnote 5. The exception is 

actually found in footnote 6. When DOE 

proposed amending part 835 on August 

10, 2006, DOE proposed correcting this 

error; however, in the final rule 

amending part 835 on June 8, 2007, the 

correction was not made. Accordingly, 

footnote 1 needs to be revised to 

reference the exception in footnote 6. 

When DOE proposed amending part 

835 on August 10, 2006, DOE proposed 

revising the definition of ‘‘absorbed 

dose’’ to read: ‘‘Absorbed dose (D) 

means the average energy absorbed by 

matter from ionizing radiation per unit 

mass of irradiated material. The 

absorbed dose is expressed in units of 

rad (or gray) (1 rad = 0.01 gray).’’ During 

the public comment period, a comment 

was received that the definition should 

be changed from ‘‘energy absorbed by 

matter’’ to ‘‘energy imparted.’’ As noted 

in the preamble to the June 8, 2007, 

amendment, DOE agreed with the 

comment and revised the definition to 

read: ‘‘Absorbed dose (D) means the 

average energy imparted by ionizing 

radiation to the matter in a volume 

element. The absorbed dose is expressed 

in units of rad (or gray) (1 rad = 0.01 

gray).’’ In making this revision, the 

phrase ‘‘per unit mass of irradiated 

material’’ was inadvertently deleted 

from the end of the first sentence. 

Need for Corrections 

This correction revises the definition 

of ‘‘absorbed dose’’ and changes the 

reference to footnote 6 in footnote 1 of 

appendix D to part 835. 

List of Subjects in 10 CFR Part 835 

Federal buildings and facilities, 

Nuclear energy, Nuclear materials, 

Nuclear power plants and reactors, 

Nuclear safety, Occupational safety and 

health, Radiation protection, and 

Reporting and recordkeeping 

requirements. 

■ Accordingly, 10 CFR part 835 is 

corrected by making the following 

correcting amendments: 

PART 835—OCCUPATIONAL 

RADIATION PROTECTION 

■ 1. The authority citation for part 835 

continues to read as follows: 

Authority: 42 U.S.C. 2201, 7191; 50 U.S.C. 

2410. 

■ 2. In § 835.2(b), the definition of 

‘‘absorbed dose’’ is corrected to read as 

follows: 

§ 835. 2 Definitions. 

* * * * * 

(b) * * * 

Absorbed dose (D) means the average 

energy imparted by ionizing radiation to 

the matter in a volume element per unit 

mass of irradiated material. The 

absorbed dose is expressed in units of 

rad (or gray) (1 rad = 0.01 gray). 

* * * * * 

■ 3. In appendix D, footnote 1 of the 

table is corrected to read as follows: 

Appendix D to Part 835—Surface 

Contamination Values 

* * * * * 

1The values in this appendix, with the 

exception noted in footnote 6 below, apply 

to radioactive contamination deposited on, 

but not incorporated into the interior or 

matrix of, the contaminated item. Where 

surface contamination by both alpha- and 

beta-gamma-emitting nuclides exists, the 

limits established for alpha- and beta-gammaemitting nuclides apply independently. 

* * * * * 

Issued in Washington, DC, on April 13, 

2009. 

Glenn S. Podonsky, 

Chief Health, Safety and Security Officer, 

Office of Health, Safety and Security. 

[FR Doc. E9–9097 Filed 4–20–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0126; Directorate 

Identifier 2009–CE–003–AD; Amendment 

39–15884; AD 2009–08–11] 

RIN 2120–AA64 

Airworthiness Directives; PILATUS 

AIRCRAFT LTD. Models PC–12 and 

PC–12/45 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: 

This Airworthiness Directive (AD) is 

prompted by some occurrences where the 

Deice Pressure Regulator has vented too 

much hot air into the forward compartment 

damaging the oxygen cylinder ON/OFF cable, 

the Ram-Air Scoop cable and the 

Environmental Control System (ECS) firewall 

shut-off valve cable. 

If incorrectly adjusted, or defective, the 

Deice Pressure Regulator can vent hot air into 

the forward compartment. This situation can 

cause overheating and failures of components 

located inside the forward compartment, 

which could result in potential loss of several 

functions essential for safe flight. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

26, 2009. 

On May 26, 2009, the Director of the 

Federal Register approved the 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18117 

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: 

Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4059; 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 

7198). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

This Airworthiness Directive (AD) is 

prompted by some occurrences where the 

Deice Pressure Regulator has vented too 

much hot air into the forward compartment 

damaging the oxygen cylinder ON/OFF cable, 

the Ram-Air Scoop cable and the 

Environmental Control System (ECS) firewall 

shut-off valve cable. 

If incorrectly adjusted, or defective, the 

Deice Pressure Regulator can vent hot air into 

the forward compartment. This situation can 

cause overheating and failures of components 

located inside the forward compartment, 

which could result in potential loss of several 

functions essential for safe flight. 

For the reason described above, this AD 

mandates the installation of a flange and 

scoop in the aircraft skin to vent the hot air 

from the Deice Pressure Regulator overboard. 

You may obtain further information by 

examining the MCAI in the AD docket. 

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 

We estimate that this AD will affect 

131 products of U.S. registry. We also 

estimate that it will take about 2 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 $1,000 

per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these costs. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. 

Based on these figures, we estimate 

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

be $151,960, or $1,160 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: 

2009–08–11 Pilatus Aircraft Ltd.: 

Amendment 39–15884; Docket No. 

FAA–2009–0126; Directorate Identifier 

2009–CE–003–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 26, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Models PC–12 and 

PC–12/45 airplanes, manufacturer’s serial 

numbers (MSN) 101 through MSN 320, 

certificated in any category. 

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18118 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

Subject 

(d) Air Transport Association of America 

(ATA) Code 30: Ice and Rain Protection. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

This Airworthiness Directive (AD) is 

prompted by some occurrences where the 

Deice Pressure Regulator has vented too 

much hot air into the forward compartment 

damaging the oxygen cylinder ON/OFF cable, 

the Ram-Air Scoop cable and the 

Environmental Control System (ECS) firewall 

shut-off valve cable. 

If incorrectly adjusted, or defective, the 

Deice Pressure Regulator can vent hot air into 

the forward compartment. This situation can 

cause overheating and failures of components 

located inside the forward compartment, 

which could result in potential loss of several 

functions essential for safe flight. 

For the reason described above, this AD 

mandates the installation of a flange and 

scoop in the aircraft skin to vent the hot air 

from the Deice Pressure Regulator overboard. 

Actions and Compliance 

(f) Unless already done, within the next 3 

months after May 26, 2009 (the effective date 

of this AD), install an overboard vent for the 

airfoil deice system pressure regulator 

(Modification Kit Number 500.50.12.332) 

following the Accomplishment Instructions 

in PILATUS AIRCRAFT LTD. PC12 Service 

Bulletin No. 30–011, dated July 9, 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: Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64016; 

telephone: (816) 329–4059; 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 (EASA) AD No. 2009–0007, 

dated January 13, 2009; and PILATUS 

AIRCRAFT LTD. PC12 Service Bulletin No. 

30–011, dated July 9, 2008, for related 

information. 

Material Incorporated by Reference 

(i) You must use PILATUS AIRCRAFT 

LTD. PC12 Service Bulletin No. 30–011, 

dated July 9, 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 PILATUS AIRCRAFT LTD., 

Customer Service Manager, CH–6371 

STANS, Switzerland; telephone: +41 (0)41 

619 62 08; fax: +41 (0)41 619 73 11; Internet: 

http://www.pilatus-aircraft.com/, or e-mail: 

SupportPC12@pilatus-aircraft.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 April 

9, 2009. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8687 Filed 4–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0360; Directorate 

Identifier 2009–NM–039–AD; Amendment 

39–15887; AD 2009–09–01] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320 and A321 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated 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: 

During a routine inspection on an Airbus 

A321 aircraft, the operator discovered that a 

bearing of the flap track No. 1 pendulum 

assembly had migrated out of position. * * * 

This condition, if not corrected, could lead 

to separation of the bearing/flap track 

assembly, resulting in the detachment of the 

affected flap surface from the wing and 

consequent loss of control of the aircraft. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective May 

6, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of May 6, 2009. 

We must receive comments on this 

AD by May 21, 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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 Operations 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: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

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