This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

64681 

Vol. 75, No. 202 

Wednesday, October 20, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 983 

[Doc. No. AMS–FV–10–0077; FV10–983–3 

CR] 

Pistachios Grown in California, 

Arizona, and New Mexico; Continuance 

Referendum 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Referendum order. 

SUMMARY: This document directs that a 

referendum be conducted among 

eligible California, Arizona, and New 

Mexico pistachio producers to 

determine whether they favor 

continuance of the marketing order 

regulating the handling of pistachios 

grown in California, Arizona, and New 

Mexico. 

DATES: The referendum will be 

conducted from November 1 through 

November 20, 2010. To vote in this 

referendum, producers must have 

produced pistachios in California, 

Arizona, or New Mexico during the 

period September 1, 2009, through 

August 31, 2010. 

ADDRESSES: Copies of the marketing 

order may be obtained from the 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Division, 

AMS, U.S. Department of Agriculture, 

2202 Monterey Street, Suite 102B, 

Fresno, California, 93721–3129, or the 

Office of the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Ricci, Marketing Specialist, or 

Kurt J. Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or E-mail: 

Andrea.Ricci@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov, 

respectively. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Marketing Order No. 983 (7 CFR part 

983), hereinafter referred to as the 

‘‘order,’’ and the applicable provisions of 

the Agricultural Marketing Agreement 

Act of 1937, as amended (7 U.S.C. 601– 

674), hereinafter referred to as the ‘‘Act,’’ 

it is hereby directed that a referendum 

be conducted to ascertain whether 

continuance of the order is favored by 

producers. The referendum shall be 

conducted from November 1 through 

November 20, 2010, among eligible 

California, Arizona, and New Mexico 

pistachio producers. Only producers 

that were engaged in the production of 

pistachios in California, Arizona, or 

New Mexico during the period of 

September 1, 2009, through August 31, 

2010, may participate in the 

continuance referendum. 

USDA has determined that 

continuance referenda are an effective 

means for determining whether 

producers favor the continuation of 

marketing order programs. USDA would 

consider termination of the order if less 

than two-thirds of the producers voting 

in the referendum or producers of less 

than two-thirds of the volume of 

California, Arizona, and New Mexico 

pistachios represented in the 

referendum favor continuance of their 

program. In evaluating the merits of 

continuance versus termination, USDA 

will consider the results of the 

continuance referendum and other 

relevant information regarding 

operation of the order. USDA will 

evaluate the order’s relative benefits and 

disadvantages to producers, handlers, 

and consumers to determine whether 

continuing the order would tend to 

effectuate the declared policy of the Act. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the ballot materials used in 

the referendum herein ordered have 

been approved by the Office of 

Management and Budget (OMB), under 

OMB No. 0581–0215, Pistachios Grown 

in California, Arizona and New Mexico. 

It has been estimated that it will take an 

average of 20 minutes for each of the 

approximately 840 producers of 

California, Arizona, and New Mexico 

pistachios to cast a ballot. Participation 

is voluntary. Ballots postmarked after 

November 20, 2010, will not be 

included in the vote tabulation. 

Andrea Ricci and Kurt J. Kimmel of 

the California Marketing Field Office, 

Fruit and Vegetable Programs, AMS, 

USDA, are hereby designated as the 

referendum agents of the Secretary of 

Agriculture to conduct this referendum. 

The procedure applicable to the 

referendum shall be the ‘‘Procedure for 

the Conduct of Referenda in Connection 

With Marketing Orders for Fruits, 

Vegetables, and Nuts Pursuant to the 

Agricultural Marketing Agreement Act 

of 1937, as Amended’’ (7 CFR 900.400– 

900.407). 

Ballots will be mailed to all producers 

of record and may also be obtained from 

the referendum agents or from their 

appointees. 

List of Subjects in 7 CFR Part 983 

Marketing agreements and orders, 

Pistachios, Reporting and recordkeeping 

requirements. 

Authority: 7 U.S.C. 601–674. 

Dated: October 14, 2010. 

David R. Shipman, 

Acting Administrator. 

[FR Doc. 2010–26333 Filed 10–19–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0998; Directorate 

Identifier 2010–NE–29–AD] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company (GE) CF6–45 Series 

and CF6–50 Series Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for GE 

CF6–45 and CF6–50 series turbofan 

engines. This proposed AD would 

require performing a fluorescent 

penetrant inspection (FPI) of the stage 3 

low-pressure turbine (LPT) rotor at 

every shop visit at which the LPT 

module is separated from the engine. 

This proposed AD results from seven 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
64682 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Proposed Rules 

reports of uncontained failures of LPT 

stage 3 disks and eight reports of 

cracked LPT stage 3 disks found during 

shop visit inspections. We are proposing 

this AD to prevent LPT rotor separation, 

which could result in an uncontained 

engine failure and damage to the 

airplane. 

DATES: We must receive any comments 

on this proposed AD by December 20, 

2010. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: 

Christopher J. Richards, Aerospace 

Engineer, Engine Certification Office, 

FAA, Engine & Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA 01803; e-mail: 

christopher.j.richards@faa.gov; phone: 

(781) 238–7133; fax: (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send us any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2010–0998; Directorate Identifier 2010– 

NE–29–AD’’ in the subject line of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed AD in light 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 with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

Discussion 

Since July 2008, we have received 

seven reports of uncontained failures of 

LPT stage 3 rotor disks and eight reports 

of cracked LPT rotor stage 3 disks found 

during shop visit inspections. Our 

investigation revealed that certain part 

number LPT stage 3 rotor disks might 

fail due to circumferential cracking of 

the forward cone body (forward spacer 

arm) of the LPT stage 3 disk when 

exposed to core engine (N2) vibrations. 

On June 4, 2010, we issued AD 2010– 

12–10 that requires a separate set of 

corrective actions. Those actions, along 

with this proposed AD, reduce the 

likelihood of further uncontained 

engine failures. This condition, if not 

corrected, could result in critical lifelimited rotating engine part failure, 

which could result in an uncontained 

engine failure and damage to the 

airplane. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other products of this same 

type design. We are proposing this AD, 

which would require performing a 

fluorescent penetrant inspection at 

every shop visit when the LPT module 

is separated from the engine. 

Interim Action 

These actions are interim actions and 

we may take further rulemaking actions 

in the future. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 387 engines installed on 

airplanes of U.S. registry. We also 

estimate that it would take about 7 

work-hours per engine to perform the 

proposed actions, and that the average 

labor rate is $85 per work-hour. No parts 

would be required. Based on these 

figures, we estimate the total cost of the 

proposed AD to U.S. operators to be 

$230,265. 

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 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 proposed AD: 

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. Would 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. You may get a copy 

of this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Under the authority delegated to me 

by the Administrator, the Federal 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Proposed Rules 64683 

Aviation Administration 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 adding 

the following new airworthiness 

directive: 

General Electric Company: Docket No. FAA– 

2010–0998; Directorate Identifier 2010– 

NE–29–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by 

December 20, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to General Electric 

Company (GE) CF6–45A, CF6–45A2, CF6– 

50A, CF6–50C, CF6–50CA, CF6–50C1, CF6– 

50C2, CF6–50C2B, CF6–50C2D, CF6–50C2–F, 

CF6–50C2–R, CF6–50E, CF6–50E1, and CF6– 

50E2 series turbofan engines, with a lowpressure turbine (LPT) rotor stage 3 disk that 

has a part number (P/N) listed in Table 1 of 

this AD installed: 

TABLE 1—LPT ROTOR STAGE 3 DISK P/NS

1473M90P01 1473M90P02 1473M90P03 1473M90P04 

1479M75P01 1479M75P02 1479M75P03 1479M75P04 

1479M75P05 1479M75P06 1479M75P07 1479M75P08 

1479M75P09 1479M75P11 1479M75P13 1479M75P14 

9061M23P06 9061M23P07 9061M23P08 9061M23P09 

9061M23P10 9061M23P12 9061M23P14 9061M23P15 

9061M23P16 9224M75P01 

These engines are installed on, but not 

limited to, Boeing 747–200B series, –200C 

series, and –200F series, 747–300 series 

airplanes; McDonnell Douglas DC–10–15, 

–30, and –30F, MD–10–30, KC–10A, and 

KDC–10 airplanes; and Airbus A300 series 

airplanes. 

Unsafe Condition 

(d) This AD results from seven reports of 

uncontained failures of LPT stage 3 disks and 

eight reports of cracked LPT stage 3 disks 

found during shop visit inspections. We are 

issuing this AD to prevent LPT rotor 

separation, which could result in an 

uncontained engine failure and damage to 

the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed at 

each shop visit after the effective date of this 

AD, at which the LPT module is separated 

from the engine. 

Cleaning the LPT Stage 3 Disk 

(f) Clean the LPT stage 3 disk, using a wetabrasive blast to eliminate residual or 

background fluorescence. You can find 

guidance on cleaning the disk in the cleaning 

procedure of CF6–50 Engine Manual, GEK 

50481 72–57–02. 

Inspecting the LPT Stage 3 Disk 

(g) Perform a fluorescent penetrant 

inspection (FPI) of the inner diameter of the 

forward cone body (forward spacer arm) of 

the LPT stage 3 disk. You can find guidance 

on performing the FPI in the CF6–50 Engine 

Manual, GEK 50481 72–57–02. 

(h) If a crack or a band of fluorescence is 

present, remove the disk from service. 

Alternative Methods of Compliance 

(i) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(j) Contact Christopher J. Richards, 

Aerospace Engineer, Engine Certification 

Office, FAA, Engine & Propeller Directorate, 

12 New England Executive Park, Burlington, 

MA 01803; e-mail: 

christopher.j.richards@faa.gov; phone: (781) 

238–7133; fax: (781) 238–7199, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

October 8, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–26312 Filed 10–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4062 and 4063 

RIN 1212–AB20 

Liability for Termination of SingleEmployer Plans; Treatment of 

Substantial Cessation of Operations 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: PBGC is extending to 

November 12, 2010, the comment 

period on its proposed rule to provide 

guidance on the applicability and 

enforcement of ERISA section 4062(e), 

which provides for reporting of and 

liability for certain substantial 

cessations of operations by employers 

that maintain single-employer plans. 

DATES: Comments must be submitted on 

or before November 12, 2010. 

ADDRESSES: Comments, identified by 

Regulation Identifier Number (RIN) 

1212–AB20, 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. 

All submissions must include the 

Regulation Identifier Number for this 

rulemaking (RIN 1212–AB20). 

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 

the 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: 

Catherine B. Klion, Manager, or Deborah 

C. Murphy, Attorney, Regulatory and 

Policy Division, Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026; 202– 

326–4024. (TTY/TDD users may call the 

Federal relay service toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: On August 

10, 2010 (at 75 FR 48283), Pension 

Benefit Guaranty Corporation (PBGC) 


emcdonald on DSK2BSOYB1PROD with PROPOSALS