Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules 23671 

later: Do a dye penetrant inspection to detect 

cracks of the balance weight brackets of the 

elevator trim tabs. 

(i) If no crack is detected, repeat the dye 

penetrant inspection at intervals not to 

exceed 250 flight hours, until the 

replacement required by paragraph (q)(2) of 

this AD is done. 

(ii) If any crack is detected, before further 

flight, do the replacement specified in 

paragraph (q)(2) of this AD. 

(2) Before the accumulation of 1,750 flight 

hours since installation of the balance weight 

brackets of the elevator trim tabs, or within 

180 days after September 15, 2008, 

whichever occurs later: Replace the balance 

weight brackets with new balance weight 

brackets manufactured in 2005 or later. 

Thereafter, replace any balance weight 

bracket with a new bracket manufactured in 

2005 or later at intervals not to exceed the 

accumulation of 28,800 flight hours on that 

bracket. Accomplishment of the initial 

replacement ends the repetitive inspection 

requirements of this AD. 

(r) For airplanes equipped with balance 

weight brackets of the elevator trim tabs 

having part number SD3–31–6213xB 

inspected in accordance with paragraph (g), 

(h)(1), or (i)(1) of this AD and retained or 

refitted following approved repair in 

accordance with paragraph (j) of this AD: Do 

the actions specified in paragraphs (r)(1) and 

(r)(2) of this AD in accordance with Parts A 

and B of the Accomplishment Instructions of 

Shorts Alert Service Bulletin SD360–55–20, 

Revision 2, dated March 29, 2007. 

(1) Within 4,800 flight hours since last 

inspection, or within 180 days after 

September 15, 2008, whichever occurs later, 

and thereafter at intervals not to exceed 4,800 

flight hours: Do a dye penetrant inspection to 

detect cracks of the balance weight brackets 

of the elevator trim tabs. 

(i) If no crack is detected, repeat the dye 

penetrant inspection at intervals not to 

exceed 4,800 flight hours, until the 

replacement required by paragraph (r)(2) of 

this AD is done. 

(ii) If any crack is detected, before further 

flight, do the replacement specified in 

paragraph (r)(2) of this AD. 

(2) Before the accumulation of 28,800 flight 

hours since any balance weight bracket of the 

elevator trim tabs is new, or within 180 days 

after September 15, 2008, whichever occurs 

later: Replace the balance weight brackets 

with new balance weight brackets 

manufactured in 2005 or later. Thereafter, 

replace any balance weight bracket with a 

new bracket manufactured in 2005 or later at 

intervals not to exceed the accumulation of 

28,800 flight hours on that bracket. 

Accomplishment of the initial replacement 

ends the repetitive inspection requirements 

of this AD. 

Part Installation 

(s) For all airplanes: As of September 15, 

2008, no person may install, on any airplane, 

a balance weight bracket of the elevator trim 

tab manufactured earlier than 2005. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

Differences. 

Other FAA AD Provisions 

(t) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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: 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. 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. 

(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 

(u) Refer to MCAI EASA Airworthiness 

Directive 2007–0107–E, dated April 18, 2007, 

and the service bulletins identified in Table 

1 of this AD for related information. 

TABLE 1—RELATED SERVICE INFORMATION

Document Revision Date 

Short Brothers Alert Service Bulletin SD360–55–A21 .............................................................................. Original December 16, 2004. 

Short Brothers Service Bulletin SD360–55–20 ......................................................................................... Original June 26, 2003. 

Shorts Alert Service Bulletin SD360–55–A21 ........................................................................................... 1 March 29, 2007. 

Shorts Service Bulletin SD360–55–20 ...................................................................................................... 1 June 20, 2005. 

Shorts Service Bulletin SD360–55–20 ...................................................................................................... 2 March 29, 2007. 

Issued in Renton, WA, on May 11, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–11709 Filed 5–19–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0463; Directorate 

Identifier 2008–NM–065–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited 

(Jetstream) Model 4101 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: 

A failure mode has been identified that can 

lead to loss of a nose wheel. Any 

combination of excessive wear and/or 

adverse tolerances on the axle inner cone, 

outer cone or wheel hub splined sleeve cones 

can result in the loss of the critical gap 

between the inner flange face of the wheel 

outer cone and the axle end face. If this gap 

is lost, it can result in the wheel having free 

play along the length of the axle. This 

condition, if not corrected, can result in 

breakage of the wheel nut lock plate leading 

to unscrewing of the wheel retention nut and 

23672 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules 

subsequent separation of the nose wheel from 

the landing gear axle. 

* * * * * 

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 19, 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 BAE Systems 

Regional Aircraft, 13850 McLearen 

Road, Herndon, Virginia 20171; 

telephone 703–736–1080; e-mail 

raebusiness@baesystems.com; Internet 

http://www.baesystems.com/Businesses/ 

RegionalAircraft/index.htm. 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: 

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: 

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–2009–0463; Directorate Identifier 

2008–NM–065–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. 

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 2008–0036, 

dated February 22, 2008 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

A failure mode has been identified that can 

lead to loss of a nose wheel. Any 

combination of excessive wear and/or 

adverse tolerances on the axle inner cone, 

outer cone or wheel hub splined sleeve cones 

can result in the loss of the critical gap 

between the inner flange face of the wheel 

outer cone and the axle end face. If this gap 

is lost, it can result in the wheel having free 

play along the length of the axle. This 

condition, if not corrected, can result in 

breakage of the wheel nut lock plate leading 

to unscrewing of the wheel retention nut and 

subsequent separation of the nose wheel from 

the landing gear axle. 

For the reasons described above, this AD 

requires repetitive inspections of the nose 

landing gear to ensure that the wheels are 

correctly retained and, depending on 

findings, replacement of worn parts. 

Required actions include inspecting 

the lock plate for damage (including 

excessive wear) and cracking, and 

replacing the lock plate with a new or 

serviceable part if any damage or 

cracking is found; inspecting the wheel 

nut for damage, and replacing any 

damaged nut with a new or serviceable 

part; and measuring the gap between the 

inner flange of the outer cone (at each 

of the three sections) and the end face 

of the axle to determine if parts are 

worn, and replacing worn parts with 

new or serviceable parts. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

BAE Systems (Operations) Limited 

has issued Service Bulletin J41–32–086, 

dated June 27, 2007. 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 7 products of U.S. registry. 

We also estimate that it would take 

about 4 work-hours 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 

$2,240, or $320 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, 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules 23673 

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: 

BAE Systems (Operations) Limited 

(Formerly British Aerospace Regional 

Aircraft): Docket No. FAA–2009–0463; 

Directorate Identifier 2008–NM–065–AD. 

Comments Due Date 

(a) We must receive comments by June 19, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to BAE Systems 

(Operations) Limited Model Jetstream 4101 

airplanes, certificated in any category, all 

models, all serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A failure mode has been identified that can 

lead to loss of a nose wheel. Any 

combination of excessive wear and/or 

adverse tolerances on the axle inner cone, 

outer cone or wheel hub splined sleeve cones 

can result in the loss of the critical gap 

between the inner flange face of the wheel 

outer cone and the axle end face. If this gap 

is lost, it can result in the wheel having free 

play along the length of the axle. This 

condition, if not corrected, can result in 

breakage of the wheel nut lock plate leading 

to unscrewing of the wheel retention nut and 

subsequent separation of the nose wheel from 

the landing gear axle. 

For the reasons described above, this AD 

requires repetitive inspections of the nose 

landing gear to ensure that the wheels are 

correctly retained and, depending on 

findings, replacement of worn parts. 

Required actions include inspecting the 

lock plate for damage (including excessive 

wear) and cracking, and replacing the lock 

plate with a new or serviceable part if any 

damage or cracking is found; inspecting the 

wheel nut for damage, and replacing any 

damaged nut with a new or serviceable part; 

and measuring the gap between the inner 

flange of the outer cone (at each of the three 

sections) and the end face of the axle to 

determine if parts are worn, and replacing 

worn parts with new or serviceable parts. 

Actions and Compliance 

(f) Unless already done, do the following 

actions for the left and right nose wheel 

attachments to the axle. 

(1) Within 3 months after the effective date 

of this AD, inspect the lock plate for damage 

(including excessive wear) and cracking, 

inspect the wheel nut for damage, and 

measure the gap between the inner flange of 

the outer cone and the end face of the axle 

to determine if parts are worn, in accordance 

with paragraph 2.B. of BAE Systems 

(Operations) Limited Service Bulletin J41– 

32–086, dated June 27, 2007. 

(2) If, during any inspection required by 

paragraph (f)(1) of this AD, any damage or 

cracking of the lock plate is found, before 

further flight, replace the lock plate with a 

new or serviceable part, in accordance with 

paragraph 2.B. of BAE Systems (Operations) 

Limited Service Bulletin J41–32–086, dated 

June 27, 2007. 

(3) If, during any inspection required by 

paragraph (f)(1) of this AD, any damage of the 

wheel nut is found, before further flight, 

replace the wheel nut with a new or 

serviceable part, in accordance with 

paragraph 2.B. of BAE Systems (Operations) 

Limited Service Bulletin J41–32–086, dated 

June 27, 2007. 

(4) If, during any measurement required by 

paragraph (f)(1) of this AD, the measured gap 

size is found to be less than 0.002 inch (0.05 

mm), before further flight, replace any worn 

parts with new or serviceable parts, in 

accordance with paragraph 2.B. of BAE 

Systems (Operations) Limited Service 

Bulletin J41–32–086, dated June 27, 2007. 

Within 3,000 flight hours after doing the 

replacement, repeat the actions for the left 

and right nose wheel attachments to the axle 

that are required by paragraph (f)(1) of this 

AD. 

(5) If, during any measurement required by 

paragraph (f)(1) of this AD, the measured gap 

size is equal to or more than 0.002 inch (0.05 

mm), repeat the actions for the left and right 

nose wheel attachments to the axle that are 

required by paragraph (f)(1) of this AD 

thereafter at intervals not to exceed the value 

indicated in Table 1 of this AD, depending 

on the exact finding. If, during any repeat 

inspection, the finding has changed to 

another value (see Table 1), adjust the new 

interval accordingly. 

TABLE 1—REPEAT INSPECTION

INTERVALS

Measured gap size Repeat inspection interval in flight hours 

0.002 inch to 0.005 

inch inclusive (0.05/ 

0.13 mm).

500 flight hours. 

Greater than 0.005 

inch to less than or 

equal to 0.010 inch 

(0.13/0.25 mm).

1,000 flight hours. 

Greater than 0.010 

inch to less than or 

equal to 0.020 inch 

(0.25/0.51 mm).

2,000 flight hours. 

Greater than 0.020 

inch (0.51 mm).

3,000 flight hours. 

Note 1: Replacement of parts does not 

constitute terminating action for the 

inspection requirements of this AD. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: 

Although BAE Systems (Operations) Limited 

Service Bulletin J41–32–086, dated June 27, 

2007, does not specify an inspection 

following the replacement of the left and 

right nose wheel attachment to the axle for 

measurements less than 0.002 inch, 

paragraph (f)(4) of this AD requires an 

inspection within 3,000 flight hours after 

replacing the part. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, FAA, has the authority to approve 

23674 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Proposed Rules 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Send 

information to ATTN: 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. 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. 

(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 FAAapproved 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 European Aviation 

Safety Agency (EASA) Airworthiness 

Directive 2008–0036, dated February 22, 

2008; and BAE Systems (Operations) Limited 

Service Bulletin J41–32–086, dated June 27, 

2007; for related information. 

Issued in Renton, Washington, on May 7, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–11710 Filed 5–19–09; 8:45 am] 

BILLING CODE 4910–13–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Parts 1601, 1602, 1603, 1607, 

1610, 1611, 1614, 1625, and 1690 

RIN 3046–AA88 

Amendment of Procedural and 

Administrative Regulations To Include 

the Genetic Information 

Nondiscrimination Act of 2008 (GINA) 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Equal Employment 

Opportunity Commission (‘‘EEOC’’ or 

‘‘Commission’’) proposes to amend 

some of its existing regulations to 

include references to title II of the 

Genetic Information Nondiscrimination 

Act of 2008 (‘‘GINA’’), which prohibits 

employment discrimination based on 

genetic information. 

DATES: Comments must be received on 

or before July 20, 2009. 

ADDRESSES: Send written comments by 

mail to Stephen Llewellyn, Executive 

Officer, Executive Secretariat, Equal 

Employment Opportunity Commission, 

131 M Street, NE., Suite 6NE03F, 

Washington, DC 20507. Written 

comments of six or fewer pages may be 

faxed to the Executive Secretariat at 

(202) 663–4114. (There is no toll free 

FAX number.) Receipt of facsimile 

transmittals will not be acknowledged, 

except that the sender may request 

confirmation of receipt by calling the 

Executive Secretariat staff at (202) 663– 

4070 (voice) or (202) 663–4074 (TTY). 

(These are not toll free numbers.) 

Instead of sending written comments to 

EEOC, comments may be submitted to 

EEOC electronically on the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. After accessing 

this Web site, follow its instructions for 

submitting comments. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information you provide. 

Copies of the received comments also 

will be available for inspection in the 

EEOC Library by advance appointment 

only, from 9 a.m. to 5 p.m., Monday 

through Friday except legal holidays, 

from July 20, 2009 until the Commission 

publishes the rule in final form. Persons 

who schedule an appointment in the 

EEOC Library and need assistance to 

view the comments will be provided 

with appropriate aids upon request, 

such as readers or print magnifiers. To 

schedule an appointment to inspect the 

comments at the EEOC Library, contact 

the EEOC Library by calling (202) 663– 

4630 (voice) or (202) 663–4641 (TTY). 

(These are not toll free numbers.) 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Schlageter, Assistant Legal 

Counsel, (202) 663–4668, or Erin N. 

Norris, Senior Attorney, (202) 663–4876, 

Office of Legal Counsel, 131 M Street, 

NE., Washington, DC 20507. Copies of 

this rule are available in the following 

alternate formats: large print, braille, 

electronic computer disk, and audiotape. Requests for this notice in an 

alternative format should be made to the 

Publications Center at 1–800–699–3362 

(voice), 1–800–800–3302 (TTY), or 703– 

821–2098 (FAX—this is not a toll free 

number). 

SUPPLEMENTARY INFORMATION: On May 

21, 2008, President George W. Bush 

signed the Genetic Information 

Nondiscrimination Act of 2008 

(‘‘GINA’’) into law. Title II of GINA 

protects job applicants, current and 

former employees, labor union 

members, and apprentices and trainees 

from discrimination based on their 

genetic information. Title II of GINA’s 

coverage corresponds with that of Title 

VII of the Civil Rights Act of 1964, as 

amended, covering employers with 15 

or more employees, employment 

agencies, labor unions, and joint labormanagement training programs, as well 

as federal sector employers. Title II will 

become effective on November 21, 2009. 

In a separate notice of proposed 

rulemaking, found at 74 FR 9056, EEOC 

issued proposed interpretive regulations 

under GINA. In the current rulemaking, 

EEOC is proposing to amend its 

procedural and administrative 

regulations to add references to GINA. 

In addition, EEOC is taking the 

opportunity to replace the outdated 

terms ‘‘handicap’’ and ‘‘handicaps’’ 

with the terms ‘‘disability’’ and 

‘‘disabilities’’ throughout its regulations 

in Chapter XIV of Title 29 of the Code 

of Federal Regulations. 

Regulatory Procedures 

Executive Order 12866 

The Commission has complied with 

the principles in section 1(b) of 

Executive Order 12866, Regulatory 

Planning and Review. This rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of the Order 12866, and does 

not require an assessment of potential 

costs and benefits under section 6(a)(3) 

of the Order. 

Paperwork Reduction Act 

This regulation contains no new 

information collection requirements 

subject to review by the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

Regulatory Flexibility Act 

The Commission certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

because it only adds references and does 

not impose a burden on any business 

entities. For this reason, a regulatory 

flexibility analysis is not required. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995.