This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

22421 

Vol. 74, No. 91 

Wednesday, May 13, 2009 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 532 

RIN 3206–AL79 

Prevailing Rate Systems; Redefinition 

of the Fresno and Stockton, CA, 

Appropriated Fund Federal Wage 

System Wage Areas 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The U.S. Office of Personnel 

Management is issuing a final rule to 

redefine the geographic boundaries of 

the Fresno and Stockton, CA, 

appropriated fund Federal Wage System 

(FWS) wage areas. The final rule 

redefines Mariposa and Merced 

Counties and the Yosemite National 

Park portion of Madera and Tuolumne 

Counties, CA, to the Stockton wage area. 

These changes are based on recent 

consensus recommendations of the 

Federal Prevailing Rate Advisory 

Committee to best match the counties 

proposed for redefinition to a nearby 

FWS survey area. 

DATES: Effective date: This regulation is 

effective on May 13, 2009. 

Applicability date: The affected 

employees in Mariposa and Merced 

Counties and the Yosemite National 

Park portion of Madera and Tuolumne 

Counties will be placed on the wage 

schedule for the Stockton wage area on 

the first day of the first applicable pay 

period beginning on or after June 12, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Madeline Gonzalez, (202) 606–2838; 

email pay-performancepolicy@opm.gov; or FAX: (202) 606– 

4264. 

SUPPLEMENTARY INFORMATION: On 

February 4, 2009, the U.S. Office of 

Personnel Management (OPM) issued a 

proposed rule (74 FR 6003) to redefine 

the geographic boundaries of the Fresno 

and Stockton, CA, appropriated fund 

Federal Wage System (FWS) wage areas 

for blue-collar Federal employees. The 

proposed rule would redefine Mariposa 

and Merced Counties and the Yosemite 

National Park portion of Madera and 

Tuolumne Counties, CA, to the Stockton 

FWS wage area. The 30-day comment 

period ended on March 6, 2009. Public 

comments supported these changes but 

numerous white-collar General 

Schedule (GS) employees also 

recommended that Fresno, Stanislaus, 

and Tulare Counties, CA, be moved 

from the Rest of U.S. (RUS) GS locality 

pay area to the San Jose-San FranciscoOakland, CA GS locality pay area. 

The recommendation on GS locality 

pay areas is beyond the scope of this 

rule. The proposed rule addressed only 

blue-collar FWS wage area boundaries, 

not white-collar GS locality pay area 

boundaries. Therefore, this final 

regulation does not make changes to GS 

locality pay areas. 

Mariposa and Merced Counties and 

the Yosemite National Park portion of 

Madera and Tuolumne Counties are 

currently defined to the Fresno FWS 

area of application and coincide with 

the RUS GS locality pay area. Analysis 

of OPM’s regulatory criteria for defining 

FWS wage area boundaries shows that 

Mariposa and Merced Counties and the 

Yosemite National Park portion of 

Madera and Tuolumne Counties are 

more appropriately defined as part of 

the Stockton FWS area of application. 

This final regulation will, therefore, 

redefine Mariposa and Merced Counties 

and the Yosemite National Park portion 

of Madera and Tuolumne Counties to 

the Stockton FWS area of application. 

Because this final regulation makes no 

changes to GS locality pay areas, 

Mariposa and Merced Counties and the 

Yosemite National Park portion of 

Madera and Tuolumne Counties will 

continue to coincide with the RUS GS 

locality pay area. 

Fresno and Tulare Counties are part of 

the Fresno FWS wage area and 

Stanislaus County is part of the 

Stockton FWS wage area. This 

regulation makes no changes to the FWS 

definition of these counties. Fresno, 

Stanislaus, and Tulare Counties will 

also continue to coincide with the RUS 

GS locality pay area. 

Regulatory Flexibility Act 

I certify that these regulations will not 

have a significant economic impact on 

a substantial number of small entities 

because they will affect only Federal 

agencies and employees. 

List of Subjects in 5 CFR Part 532 

Administrative practice and 

procedure, Freedom of information, 

Government employees, Reporting and 

recordkeeping requirements, Wages. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

■ Accordingly, the U.S. Office of 

Personnel Management is amending 5 

CFR part 532 as follows: 

PART 532—PREVAILING RATE 

SYSTEMS 

■ 1. The authority citation for part 532 

continues to read as follows: 

Authority: 5 U.S.C. 5343, 5346; § 532.707 

also issued under 5 U.S.C. 552. 

■ 2. In appendix C to subpart B, the 

wage area listing for the State of 

California is amended by revising the 

listings for Fresno and Stockton, to read 

as follows: 

Appendix C to Subpart B of Part 532— 

Appropriated Fund Wage and Survey 

Areas 

* * * * * 

California 

Fresno 

Survey Area 

California: 

Fresno 

Kings 

Tulare 

Area of Application. Survey area plus: 

California: 

Kern (Does not include China Lake Naval 

Weapons Center, Edwards Air Force 

Base, and portions occupied by Federal 

activities in Boron (City).) 

Madera (Does not include Devils Postpile 

National Monument and Yosemite National Park portions.) 

* * * * * 

Stockton 

Survey Area 

California: 

San Joaquin 

Area of Application. Survey area plus: 

California: 

22422 Federal Register / Vol. 74, No. 91 / Wednesday, May 13, 2009 / Rules and Regulations 

Calaveras 

Madera (Only includes Yosemite National Park portion.) 

Mariposa 

Merced 

Stanislaus 

Tuolumne 

* * * * * 

[FR Doc. E9–11193 Filed 5–12–09; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0433; Directorate 

Identifier 2009–NM–003–AD; Amendment 

39–15902; AD 2009–10–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A380–841, –842, and –861 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 the flight test campaign of the 

A380–861 model (Engine Alliance powered), 

some cracks were found on the Movable Flap 

Track Fairing number 6 (MFTF#6). 

These cracks were located at the pivot 

attachment support-ring and at the U-frame 

in the attachment area to aft-kinematic. In 

addition, delamination has been observed 

within the monolithic Carbon Fibre 

Reinforced Plastic (CFRP) structure around 

the pivot support-ring. 

This condition, if not corrected, could lead 

to in-flight loss of the MFTF#6, potentially 

resulting in injuries to persons on the 

ground. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective May 

28, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of May 28, 2009. 

We must receive comments on this 

AD by June 12, 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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0216, 

dated December 9, 2008 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

During the flight test campaign of the 

A380–861 model (Engine Alliance powered), 

some cracks were found on the Movable Flap 

Track Fairing number 6 (MFTF#6). 

These cracks were located at the pivot 

attachment support-ring and at the U-frame 

in the attachment area to aft-kinematic. In 

addition, delamination has been observed 

within the monolithic Carbon Fibre 

Reinforced Plastic (CFRP) structure around 

the pivot support-ring. 

This condition, if not corrected, could lead 

to in-flight loss of the MFTF#6, potentially 

resulting in injuries to persons on the 

ground. 

To prevent the risk of a MFTF#6 

detachment, this Airworthiness Directive 

(AD) requires an inspection program in order 

to detect cracks [and delamination] before 

they become critical and in case of findings 

to replace the MFTF#6 [with a new or 

serviceable part]. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A380–57–8014, including Appendix 01, 

dated November 21, 2008. 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 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 issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

There are no products of this type 

currently registered in the United States. 

However, this rule is necessary to 

ensure that the described unsafe 

condition is addressed if any of these 

products are placed on the U.S. Register 

in the future. 

Differences Between the 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. 

FAA’s Determination of the Effective 

Date 

Since there are currently no domestic 

operators of this product, notice and 

opportunity for public comment before 

issuing this AD are unnecessary. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and