6092 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Rules and Regulations 

a landlord/tenant relationship or a 

divided ownership arrangement 

involving totally independent entities 

cooperating only to process raspberries, 

in which more than one of the parties 

is a producer or importer, shall be 

entitled to cast one ballot in the 

referendum covering only such 

producer or importer’s share of the 

ownership. 

(b) Proxy voting is not authorized, but 

an officer or employee of an eligible 

corporate producer or importer, or an 

administrator, executor, or trustee or an 

eligible entity may cast a ballot on 

behalf of such entity. Any individual so 

voting in a referendum shall certify that 

such individual is an officer or 

employee of the eligible entity, or an 

administrator, executive, or trustee of an 

eligible entity and that such individual 

has the authority to take such action. 

Upon request of the referendum agent, 

the individual shall submit adequate 

evidence of such authority. 

(c) All ballots are to be cast by mail 

as instructed by the Department. 

§ 1208.103 Instructions. 

The referendum agent shall conduct 

the referendum, in the manner provided 

in this subpart, under the supervision of 

the Administrator. The Administrator 

may prescribe additional instructions, 

not inconsistent with the provisions of 

this subpart, to govern the procedure to 

be followed by the referendum agent. 

Such agent shall: 

(a) Determine the period during 

which ballots may be cast. 

(b) Provide ballots and related 

material to be used in the referendum. 

The ballot shall provide for recording 

essential information, including that 

needed for ascertaining whether the 

person voting, or on whose behalf the 

vote is cast, is an eligible voter. 

(c) Give reasonable public notice of 

the referendum: 

(1) By utilizing available media or 

public information sources, without 

incurring advertising expense, to 

publicize the dates, places, method of 

voting, eligibility requirements, and 

other pertinent information. Such 

sources of publicity may include, but 

are not limited to, print and radio; and 

(2) By such other means as the agent 

may deem advisable. 

(d) Mail to eligible producers and 

importers whose names and addresses 

are known to the referendum agent, the 

instructions on voting, a ballot, and a 

summary of the terms and conditions of 

the proposed Order. No person who 

claims to be eligible to vote shall be 

refused a ballot. 

(e) At the end of the voting period, 

collect, open, number, and review the 

ballots and tabulate the results in the 

presence of an agent of a third party 

authorized to monitor the referendum 

process. 

(f) Prepare a report on the referendum. 

(g) Announce the results to the public. 

§ 1208.104 Subagents. 

The referendum agent may appoint 

any individual or individuals necessary 

or desirable to assist the agent in 

performing such agent’s functions of 

this subpart. Each individual so 

appointed may be authorized by the 

agent to perform any or all of the 

functions which, in the absence of such 

appointment, shall be performed by the 

agent. 

§ 1208.105 Ballots. 

The referendum agent and subagents 

shall accept all ballots cast. However, if 

an agent or subagent deems that a ballot 

should be challenged for any reason, the 

agent or subagent shall endorse above 

their signature, on the ballot, a 

statement to the effect that such ballot 

was challenged, by whom challenged, 

the reasons therefore, the results of any 

investigations made with respect 

thereto, and the disposition thereof. 

Ballots invalid under this subpart shall 

not be counted. 

§ 1208.106 Referendum report. 

Except as otherwise directed, the 

referendum agent shall prepare and 

submit to the Administrator a report on 

the results of the referendum, the 

manner in which it was conducted, the 

extent and kind of public notice given, 

and other information pertinent to the 

analysis of the referendum and its 

results. 

§ 1208.107 Confidential information. 

The ballots and other information or 

reports that reveal, or tend to reveal, the 

vote of any person covered under the 

Order and the voter list shall be strictly 

confidential and shall not be disclosed. 

§ 1208.108 OMB control number. 

The control number assigned to the 

information collection requirement in 

this subpart by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1995, 44 

U.S.C. Chapter 35 is OMB control 

number 0581–NEW. 

Dated: January 27, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–2064 Filed 2–5–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM417; Special Conditions No. 

25–392–SC] 

Special Conditions: Model C–27J 

Airplane; Class E Cargo Compartment 

Lavatory 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Alenia Model C–27J 

airplane. This airplane has novel or 

unusual design features when compared 

to the state of technology described in 

the airworthiness standards for 

transport-category airplanes. These 

design features include a lavatory in the 

Class E cargo compartment. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for these design 

features. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. The 

FAA has issued additional special 

conditions for other novel or unusual 

design features of the C–27J. 

DATES: Effective Date: January 22, 2010. 

FOR FURTHER INFORMATION CONTACT: Tom 

Groves, FAA, International Branch, 

ANM–116, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–1503, facsimile 

(425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 27, 2006, the European 

Aviation Safety Agency (EASA) 

forwarded to the FAA an application 

from Alenia Aeronautica of Torino, 

Italy, for U.S. type certification of a 

twin-engine, commercial transport 

designated as the Model C–27J. The C– 

27J is a twin-turbopropeller, cargotransport aircraft with a maximum 

takeoff weight of 30,500 kilograms. 

Type Certification Basis 

Under the provisions of § 21.17 of 

Title 14, Code of Federal Regulations 

(14 CFR), and the bilateral agreement 

between the U.S. and Italy, Alenia 

Aeronautica must show that the C–27J 

meets the applicable provisions of 14 

CFR part 25, as amended by 

Amendments 25–1 through 25–87. 

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Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Rules and Regulations 6093 

Alenia also elects to comply with 

Amendment 25–122, effective 

September 5, 2007, for 14 CFR 25.1317. 

If the Administrator finds that 

existing airworthiness regulations do 

not adequately or appropriately address 

safety standards for the C–27J due to a 

novel or unusual design feature, the 

FAA prescribes special conditions 

under provisions of 14 CFR 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the C–27J must comply with 

the fuel-vent and exhaust-emission 

requirements of 14 CFR part 34 and the 

noise-certification requirements of 14 

CFR part 36, and the FAA must issue a 

finding of regulatory adequacy under 

§ 611 of Public Law 92–574, the ‘‘Noise 

Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.17(a)(2). 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, the special 

conditions also apply to the other model 

under § 21.101. 

Novel or Unusual Design Features 

The C–27J incorporates a lavatory into 

the Class E cargo compartment, which is 

considered a novel or unusual design 

feature in a cargo compartment. In 

developing the airworthiness 

requirements for cargo compartments, 

the FAA did not envision that a lavatory 

would be installed inside a Class E 

cargo compartment. Lavatories, 

including the one to be installed in the 

C–27J, typically contain electrical 

systems, which could serve as ignition 

sources for a fire; and an oxygen supply 

system, which could intensify the 

growth and size of a fire. Therefore, a 

means must be provided to disconnect 

or otherwise remove these two factors, 

as potentially contributing to a fire, in 

the event smoke or fire is detected in the 

cargo compartment and lavatory. 

The existing airworthiness regulations 

do not adequately or appropriately 

address safety standards for these design 

features. These special conditions for 

the C–27J contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

Discussion 

Specific regulations governing Class E 

cargo compartments: 

(a) Section 25.855, the materialstandards and design considerations for 

cargo-compartment interiors; the 

statement that each cargo compartment 

must meet one of the Class requirements 

of § 25.857; and the flight testing which 

must be conducted for certification. 

(b) Section 25.857, the standards for 

the various classes of transport-category 

airplane-cargo compartments. 

(c) Section 25.858, design and 

certification requirements for cargo- or 

baggage-compartment fire- or smokedetection systems, and a standard that 

fire be detected and indicated to the 

crew less than one minute after 

inception. 

Specific regulations governing 

lavatory installations, regardless of 

location: 

(d) Section 25.783, requirements to 

preclude anyone from becoming trapped 

inside the lavatory. 

(e) Section 25.791, lavatory placarding 

requirements. 

(f) Section 25.853, interior materialtest standards, smoking-prohibition 

requirements, ashtray requirements, and 

waste-receptacle design-and-material 

standards. 

(g) Section 25.854, lavatory smokedetector and fire-extinguisher 

requirements. 

In developing the airworthiness 

requirements for cargo compartments, 

the FAA did not envision that a lavatory 

would be installed in a Class E cargo 

compartment. Therefore, special 

conditions must be established to 

ensure that means are available to shut 

off the electrical system in the lavatory, 

and the oxygen-supply system in the 

lavatory, in the event of a smokedetector alarm in the cargo compartment 

or lavatory. 

Discussion of Comments 

Notice of proposed special conditions 

no. 25–09–12–SC for the Alenia Model 

C–27J airplanes was published in the 

Federal Register on October 23, 2009. 

No comments were received, and the 

special conditions are adopted as 

proposed. 

Applicability 

As discussed above, these special 

conditions are applicable to the C–27J. 

Should Alenia apply at a later date for 

a change to the type certificate to 

include another model incorporating the 

same or similar novel or unusual design 

features, these special conditions apply 

to that model as well under § 21.101. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Alenia Model 

C–27J airplane is imminent, the FAA 

finds that good cause exists to make 

these special conditions effective upon 

issuance. 

Conclusion 

This action affects only certain novel 

or unusual design features of the Alenia 

C–27J. It is not a rule of general 

applicability, and it affects only the 

applicant that applied to the FAA for 

approval of these features on the 

airplane. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

■ The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Special Conditions 

■ Accordingly, the Administrator of the 

Federal Aviation Administration (FAA) 

proposes the following special 

conditions as part of the typecertification basis for the C–27J. 

1. Control of Electrical Power to the 

Lavatory Located in the Class E Cargo 

Compartment 

A means must be provided to shut off 

electrical power to the lavatory should 

smoke or fire be detected anywhere in 

the Class E cargo compartment, 

including in the lavatory. Two types of 

shut-off systems meet this requirement: 

• A manual system, with an airplane 

flight manual (AFM) procedure to 

instruct the flight crew on where and 

how to shut off the power, or 

• An automatic system that shuts off 

power to the lavatory following a 

lavatory or cargo-compartment smokedetector alarm. 

2. Control of the Oxygen-DeliverySystem Flow to the Lavatory and Cargo 

Compartment 

A means must be provided to shut off 

oxygen flow to the lavatory should 

smoke or fire be detected anywhere in 

the Class E cargo compartment, 

including in the lavatory. Two types of 

shut-off systems meet this requirement: 

• A manual system, with an AFM 

procedure to instruct the flight crew on 

where and how to shut off the oxygen 

flow, or 

• An automatic system that shuts off 

oxygen flow to the lavatory following a 

lavatory or cargo-compartment smokedetector alarm. 

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6094 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Rules and Regulations 

Issued in Renton, Washington, on January 

22, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–2680 Filed 2–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0941; Airspace 

Docket No. 09–ANM–17] 

Modification of Class E Airspace; 

Grand Junction, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will modify Class 

E airspace at Grand Junction Regional, 

Grand Junction, CO, to accommodate 

the vectoring of Instrument Flight Rules 

(IFR) traffic from Grand Junction 

Regional, Grand Junction, CO to en 

route airspace, and changes the airport 

name. This will improve the safety of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Effective 0901 UTC, April 8, 

2010. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On October 29, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace at Grand Junction, CO 

(74 FR 55791). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

modifying the Class E airspace for the 

Grand Junction, CO, area, adding 

additional controlled airspace extending 

upward from 1,200 feet above the 

surface to accommodate vectoring IFR 

aircraft departing Grand Junction 

Regional, Grand Junction, CO, to en 

route airspace. This action is necessary 

for the safety and management of IFR 

operations at the airport. This will also 

update the airport name from Grand 

Junction, Walker Field. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (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) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

section 106 discusses the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

I, section 40103. Under that section, the 

FAA is charged with prescribing 

regulations to assign the use of airspace 

necessary to ensure the safety of aircraft 

and the efficient use of airspace. This 

regulation is within the scope of that 

authority as it establishes additional 

controlled airspace at Grand Junction 

Regional, Grand Junction, CO. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

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

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM CO E5 Grand Junction, CO 

[Modified] 

Grand Junction Regional, Grand Junction, CO 

(Lat. 39°07′21′′ N., long. 108°31′36′′ W.) 

Grand Junction VORTAC 

(Lat. 39°03′34′′ N., long. 108°47′33′′ W.) 

Grand Junction Localizer 

(Lat. 39°07′04′′ N., long. 108°30′48′′ W.) 

That airspace extending upward from 700 

feet above the surface within 7 miles 

northwest and 4.3 miles southeast of the 

Grand Junction VORTAC 247° and 067° 

radials extending from 11.4 miles southwest 

to 12.3 miles northeast of the VORTAC, and 

within 1.8 miles south and 9.2 miles north 

of the Grand Junction VORTAC 110° radial 

extending from the VORTAC to 19.2 miles 

southeast of the VORTAC; that airspace 

extending upward from 1,200 feet above the 

surface within a 30.5-miles radius of the 

Grand Junction VORTAC, within 6.5 miles 

each side of the Grand Junction VORTAC 

099° radial extending from the 30.5-mile 

radius to 58 miles east of the VORTAC, and 

within 4.3 miles each side of the Grand 

Junction VORTAC 166° radial extending from 

the 30.5-mile radius to 33.1 miles south of 

the VORTAC, and within 4.3 miles northeast 

and 4.9 miles southwest of the Grand 

Junction ILS localizer northwest course 

extending from the 30.5-mile radius to the 

intersection of the localizer northwest course 

and the Grand Junction VORTAC 318° radial. 

* * * * * 

Issued in Seattle, Washington, on January 

29, 2010. 

William M. Buck, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2010–2524 Filed 2–5–10; 8:45 am] 

BILLING CODE 4910–13–P 

WReier-Aviles on DSKGBLS3C1PROD with RULES