Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 22123 

inventory reserve such that the total 

primary inventory reserve does not 

exceed 50-million pounds; Provided, 

That such 50-million-pound quantity 

may be changed upon recommendation 

of the Board and approval of the 

Secretary. Any such change shall be 

recommended by the Board on or before 

September 30 of any crop year to 

become effective for the following crop 

year, and the quantity may be changed 

no more than one time per crop year. 

Handlers will be permitted to divert (at 

plant or with grower diversion 

certificates) as much of the restricted 

percentage requirement as they deem 

appropriate, but may not establish a 

primary inventory reserve in excess of 

the percentage established by the Board 

for restricted cherries. In the event 

handlers wish to establish inventory 

reserve in excess of this amount, they 

may do so, in which case it will be 

classified as a secondary inventory 

reserve and will be regulated 

accordingly. 

* * * * * 

5. Add a new paragraph (d) to 

§ 930.54 to read as follows: 

§ 930.54 Prohibition on the use or 

disposition of inventory reserve cherries. 

* * * * * 

(d) Should the volume of cherries 

held in the primary inventory reserves 

and, subsequently, the secondary 

inventory reserves reach a minimum 

amount, which level will be established 

by the Secretary upon recommendation 

from the Board, the products held in the 

respective reserves shall be released 

from the reserves and made available to 

the handlers as free tonnage. 

6. Revise paragraph (b) of § 930.55 to 

read as follows: 

§ 930.55 Primary inventory reserves. 

* * * * * 

(b) The form of the cherries, frozen, 

canned in any form, dried, or 

concentrated juice, placed in the 

primary inventory reserve is at the 

option of the handler. The product(s) 

placed by the handler in the primary 

inventory reserve must have been 

produced in either the current or the 

preceding two crop years. Except as may 

be limited by § 930.50(i) or as may be 

permitted pursuant to §§ 930.59 and 

930.62, such inventory reserve portion 

shall be equal to the sum of the products 

obtained by multiplying the weight or 

volume of the cherries in each lot of 

cherries acquired during the fiscal 

period by the then effective restricted 

percentage fixed by the Secretary; 

Provided, That in converting cherries in 

each lot to the form chosen by the 

handler, the inventory reserve 

obligations shall be adjusted in 

accordance with uniform rules adopted 

by the Board in terms of raw fruit 

equivalent. 

* * * * * 

Dated: May 7, 2009. 

Craig Morris, 

Acting Associate Administrator. 

[FR Doc. E9–11052 Filed 5–11–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0436; Directorate 

Identifier 2009–NM–005–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2C10 (Regional Jet 

Series 700 and 701) Airplanes and CL– 

600–2D24 (Regional Jet Series 900) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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: Frost, snow, slush or ice 

on the wing leading edges and upper 

wing surfaces may change the stall 

speeds, stall characteristics and the 

protection provided by the stall 

protection system, which could result in 

reduced controllability of the aircraft. 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by June 11, 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. 

For service information identified in 

this proposed AD, contact Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email thd.crj@aero.bombardier.com; 

Internet http://www.bombardier.com. 

You may review copies of the 

referenced 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. 

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 in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Bruce Valentine, Aerospace Engineer, 

Systems and Flight Test Branch, ANE– 

172, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7328; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0436; Directorate Identifier 

2009–NM–005–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 we receive 

about this proposed AD. 


tjames on PRODPC75 with PROPOSALS
22124 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2005–02, 

dated February 2, 2005 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

Frost, snow, slush or ice on the wing 

leading edges and upper wing surfaces may 

change the stall speeds, stall characteristics 

and the protection provided by the stall 

protection system, which could result in 

reduced controllability of the aircraft. 

Transport Canada has * * * approved 

temporary revisions to the Aircraft Flight 

Manuals (AFM), which emphasize the cold 

weather operational requirements to ensure 

that the wing leading edges and upper wing 

surfaces are free from frost, snow, slush or 

ice. 

The corrective action is revising the 

AFMs to introduce procedures for cold 

weather operations. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

Bombardier has issued Temporary 

Revision RJ 900/48–3, dated August 19, 

2008, to the Canadair Regional Jet Series 

900 Airplane Flight Manual (AFM), CSP 

C–012; and Temporary Revision RJ 700/ 

87–3, dated August 19, 2008, to the 

Canadair Regional Jet Series 700 and 

701 AFM, CSP B–012. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

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 proposed 

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 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 336 products of U.S. 

registry. We also estimate that it would 

take about 1 work-hour per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$26,880, or $80 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 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 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 adding 

the following new AD: 

Bombardier, Inc. (Formerly Canadair): 

Docket No. FAA–2009–0436; Directorate 

Identifier 2009–NM–005–AD. 

Comments Due Date 

(a) We must receive comments by June 11, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Bombardier 

Model CL–600–2C10 (Regional Jet Series 700 

and 701) airplanes and CL–600–2D24 

(Regional Jet Series 900) airplanes, 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Frost, snow, slush or ice on the wing leading 

edges and upper wing surfaces may change 

the stall speeds, stall characteristics and the 

protection provided by the stall protection 

system, which could result in reduced 

controllability of the aircraft. 

Transport Canada has * * * approved 

temporary revisions to the Aircraft Flight 

Manuals (AFM), which emphasize the cold 

weather operational requirements to ensure 

that the wing leading edges and upper wing 

surfaces are free from frost, snow, slush or 

ice. 

The corrective action is revising the AFMs 

to introduce procedures for cold weather 

operations. 

Actions and Compliance 

(f) Unless already done, within 14 days 

after the effective date of this AD, revise the 

Limitations—Operating Limitations sections 


tjames on PRODPC75 with PROPOSALS
Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Proposed Rules 22125 

of the Canadair Regional Jet Series 900 

Airplane Flight Manual (AFM), CSP C–012, 

and the Canadair Regional Jet Series 700 and 

701 AFM, CSP B–012, to include the 

information in Bombardier Temporary 

Revision (TR) RJ 900/48–3, dated August 19, 

2008, and TR RJ 700/87–3, dated August 19, 

2008, as specified in the TRs, as applicable. 

These TRs introduce procedures for cold 

weather operations to ensure that the wing 

leading edges and upper wing surfaces are 

free from frost, snow, slush or ice. Operate 

the airplane according to the limitations and 

procedures in the TRs. 

Note 1: This may be done by inserting 

copies of Bombardier TR RJ 700/87–3 and TR 

RJ 900/48–3 into the applicable AFM. When 

these TRs have been included in general 

revisions of the applicable AFM, the general 

revisions may be inserted into the AFM, 

provided the relevant information in the 

general revision is identical to the applicable 

AFM. 

FAA AD Differences 

Note 2: 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, New York Aircraft 

Certification 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: Bruce Valentine, 

Aerospace Engineer, Systems and Flight Test 

Branch, ANE–172, FAA, New York Aircraft 

Certification Office, 1600 Stewart Avenue, 

Suite 410, Westbury, New York 11590; 

telephone (516) 228–7328; fax (516) 794– 

5531. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(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, 

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 Canadian Airworthiness 

Directive CF–2005–02 dated February 2, 

2005; Bombardier TR RJ 700/87–3, dated 

August 19, 2008; and Bombardier TR RJ 900/ 

48–3, dated August 19, 2008; for related 

information. 

Issued in Renton, Washington, on May 1, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–10992 Filed 5–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26234; Directorate 

Identifier 2006–CE–064–AD] 

RIN 2120–AA64 

Airworthiness Directives; SOCATA 

Model TBM 700 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would revise 

an existing AD. This proposed 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: 

This Airworthiness Directive (AD) was 

prompted by reports of loose rivets on frames 

C18 BIS and C19, which could result in a 

reduced structural integrity of the tail area. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by June 11, 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 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, 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 Management Facility 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 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: 

Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4119; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2006–26234; Directorate Identifier 

2006–CE–064–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because 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 we receive 

about this proposed AD. 

Discussion 

On March 15, 2007, we issued AD 

2007–03–17, Amendment 39–14928 (72 

FR 5923, February 8, 2007). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2007–03–17, 

EADS SOCATA revised the service 

bulletin used in the AD to change the 

applicability. 

The Direction Ge ́ne ́rale de l’aviation 

Civile (DGAC), which is the aviation 

authority for France, has issued French 

AD No F–2005–132, dated August 3, 

2005, (referred to after this as ‘‘the 

MCAI’’) to correct an unsafe condition 

for the specified products. The MCAI 

states: 

This Airworthiness Directive (AD) was 

prompted by reports of loose rivets on frames 

C18 BIS and C19, which could result in a 

reduced structural integrity of the tail area. 


tjames on PRODPC75 with PROPOSALS