Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27725 

issues that will require extensive 

review; 

(3) Additional time is needed to 

discuss possible consequences of 

proposed changes with affected State 

and/or local jurisdictions; and 

(4) Extending the public comment 

period will allow for a more 

comprehensive review and result in 

more meaningful comments. 

In view of the NRC’s desire to receive 

high quality comments from external 

stakeholders, and recognizing the 

quantity of information to be analyzed 

and the coordination efforts needed by 

and among stakeholders, the comment 

period for the proposed rulemaking and 

related guidance documents will be 

extended for an additional 75 days. The 

comment period for the information 

collection aspects of this proposed 

rulemaking will be extended by 60 days. 

Based on feedback from stakeholders, 

the NRC believes that a 75-day 

extension will allow sufficient time for 

all stakeholders to develop and provide 

meaningful comments on the proposed 

rule and draft guidance. 

The proposed rule and related 

guidance documents comment submittal 

deadline is extended from the original 

August 3, 2009, deadline to October 19, 

2009, and the information collections 

analysis deadline is extended from the 

original June 17, 2009, deadline to 

August 17, 2009. 

Dated at Rockville, Maryland, this 5th day 

of June 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E9–13713 Filed 6–10–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0532; Directorate 

Identifier 2008–NM–024–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146 and Avro 146–RJ 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: 

The airbrake upper crossbeam on an 

airplane failed in-flight. The crossbeam 

failure caused damage to the rudder control 

system, resulting in loss of rudder control. 

Loss of rudder control will cause handling 

difficulties particularly during take-off, 

approach, and landing phases in cross winds. 

* * * * * 

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 July 13, 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–2009–0532; Directorate Identifier 

2008–NM–024–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 2007–0307, 

dated December 17, 2007 (referred to 

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

unsafe condition for the specified 

products. The MCAI states: 

The airbrake upper crossbeam on an 

airplane failed in-flight. The crossbeam 

failure caused damage to the rudder control 

system, resulting in loss of rudder control. 

Loss of rudder control will cause handling 

difficulties particularly during take-off, 

approach, and landing phases in cross winds. 

BAE Systems (Operations) Ltd has 

published Inspection Service Bulletin (ISB) 

53–200 that revises and supersedes the 

inspection requirements, which are defined 

in the Maintenance Review Board Report 

(MRBR) SSI Task 53–40–125, Supplemental 

Structural Inspections Document (SSID) 

Tasks 53–40–125.1 and 53–40–125.2 

(included in the Airworthiness Limitations 

Section of Aircraft Maintenance Manual 

Chapter 5 that is currently mandated as part 

of EASA AD 2007–0271 [which corresponds 

to an FAA NPRM, Directorate Identifier 

2007–NM–363–AD]) and in Maintenance 

Planning Document (MPD) Task Reference 

534025–DVI–10000–1. These revised 

inspection requirements and reduced 

inspection periods are to ensure that any 

fatigue damage is detected before it causes 

upper airbrake crossbeam failure. MRBR, 

SSID and MPD will be amended in due 

course to reflect these revised inspection 

periods. 


cprice-sewell on PRODPC61 with PROPOSALS
27726 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 

For the reasons stated above, this 

Airworthiness Directive (AD) requires a [high 

frequency eddy current and low frequency 

phase analysis eddy current] inspection [for 

cracking, discrete surface damage, and 

discontinuity (corrosion and mechanical 

damage)] and, as necessary, repair of the 

airbrake upper crossbeam. 

The required actions include replacing 

the three rivets with Hi-lok pins. For 

cracking, damage, or discontinuity that 

is outside certain limits defined in the 

service bulletin, the repair includes 

contacting BAE Systems (Operations) 

Limited for repair instructions and 

doing the repair. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

BAE Systems (Operations) Limited 

has issued Inspection Service Bulletin 

ISB.53–200, Revision 1, dated March 13, 

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 1 product of U.S. registry. 

We also estimate that it would take 

about 6 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 

$480 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: 

BAE Systems (Operations) Limited 

(Formerly British Aerospace Regional 

Aircraft): Docket No. FAA–2009–0532; 

Directorate Identifier 2008–NM–024–AD. 

Comments Due Date 

(a) We must receive comments by July 13, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all BAE Systems 

(Operations) Limited Model BAe 146 and 

Avro 146–RJ airplanes, certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The airbrake upper crossbeam on an 

airplane failed in-flight. The crossbeam 

failure caused damage to the rudder control 

system, resulting in loss of rudder control. 

Loss of rudder control will cause handling 

difficulties particularly during take-off, 

approach, and landing phases in cross winds. 

BAE Systems (Operations) Ltd has 

published Inspection Service Bulletin (ISB) 

53–200 that revises and supersedes the 

inspection requirements, which are defined 

in the Maintenance Review Board Report 

(MRBR) SSI Task 53–40–125, Supplemental 

Structural Inspections Document (SSID) 

Tasks 53–40–125.1 and 53–40–125.2 

(included in the Airworthiness Limitations 

Section of Aircraft Maintenance Manual 

Chapter 5 that is currently mandated as part 

of EASA AD 2007–0271 [which corresponds 

to an FAA NPRM, Directorate Identifier 

2007–NM–363–AD]) and in Maintenance 

Planning Document (MPD) Task Reference 

534025–DVI–10000–1. These revised 

inspection requirements and reduced 

inspection periods are to ensure that any 

fatigue damage is detected before it causes 

upper airbrake crossbeam failure. MRBR, 

SSID and MPD will be amended in due 

course to reflect these revised inspection 

periods. 

For the reasons stated above, this 

Airworthiness Directive (AD) requires [a high 

frequency eddy current and a low frequency 

phase analysis eddy current] inspection [for 

cracking, discrete surface damage, and 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules 27727 

discontinuity (corrosion and mechanical 

damage)] and, as necessary, repair of the 

airbrake upper crossbeam. 

The required actions include replacing the 

three rivets with Hi-lok pins. For cracking, 

damage, or discontinuity that is outside 

certain limits defined in the service bulletin, 

the repair includes contacting BAE Systems 

(Operations) Limited for repair instructions 

and doing the repair. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) At the applicable time specified in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, 

inspect for cracking, damage, and 

discontinuity of the airbrake upper 

crossbeam fastener positions and lightening 

holes; and replace the three rivets with Hilok pins; in accordance with paragraphs 2.B., 

2.C., and 2.D. of the Accomplishment 

Instructions of BAE Systems (Operations) 

Limited Inspection Service Bulletin ISB.53– 

200, Revision 1, dated March 13, 2007. If any 

crack, damage, or discontinuity is found: 

Before further flight, repair as required by 

paragraph (f)(3) of this AD. 

(i) For airplanes that have not been 

inspected in accordance with BAE Systems 

(Operations) Limited MRBR SSI Task No. 53– 

40–125 (MPD Reference 534025–DVI–10000– 

1) as of the effective date of this AD, do the 

inspection prior to accumulating 20,000 total 

flight cycles or 500 flight cycles after the 

effective date of this AD, whichever occurs 

later. 

(ii) For airplanes subject to MRBR and 

SSID requirements that have been inspected 

in accordance with BAE Systems 

(Operations) Limited MRBR SSI Task No. 53– 

40–125 (MPD Reference 534025–DVI–10000– 

1) as of the effective date of this AD, do the 

inspection at the latest of the times in 

paragraphs (f)(1)(ii)(A), (f)(1)(ii)(B), or 

(f)(1)(ii)(C) of this AD. 

(A) Before the accumulation of 4,000 flight 

cycles since last inspection. 

(B) Within 2,500 flight cycles (for MRBR 

airplanes), or within 1,000 flight cycles (for 

SSID airplanes) after the effective date of this 

AD; but not exceeding 8,000 flight cycles 

since the last inspection. 

(C) Within 500 flight cycles after the 

effective date of this AD. 

(2) Repeat the inspection required by 

paragraph (f)(1) of this AD thereafter at the 

applicable time specified in paragraph 

(f)(2)(i), (f)(2)(ii), or (f)(2)(iii) of this AD. If 

any crack, damage, or discontinuity is found: 

Before further flight, repair as required by 

paragraph (f)(3) of this AD. 

(i) Inspect fastener positions at the rivet 

locations at intervals not to exceed 4,000 

flight cycles. 

(ii) Inspect the holes at Hi-lok pin locations 

at intervals not to exceed 12,000 flight cycles. 

(iii) Inspect the lightening holes at 

intervals not to exceed 12,000 flight cycles. 

(3) If any crack, damage, or discontinuity 

is found during any inspection required by 

this AD: Before further flight, do the repair 

in accordance with paragraph 2.E. of the 

Accomplishment Instructions of BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–200, Revision 1, 

dated March 13, 2007. 

(4) Actions accomplished before the 

effective date of this AD in accordance with 

BAE Systems (Operations) Limited 

Inspection Service Bulletin ISB.53–200, 

dated December 21, 2006, are considered 

acceptable for compliance with the 

corresponding action specified in this AD. 

FAA AD Differences 

Note 1: 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, 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. 

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 European Aviation 

Safety Agency Airworthiness Directive 2007– 

0307, dated December 17, 2007; and BAE 

Systems (Operations) Limited Inspection 

Service Bulletin ISB.53–200, Revision 1, 

dated March 13, 2007; for related 

information. 

Issued in Renton, Washington, on June 4, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–13727 Filed 6–10–09; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 416 

[Docket No. SSA–2008–0051] 

RIN 0960–AF97 

Exclusion of Certain Military Pay From 

Deemed Income and Resources 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to revise our 

rules to clarify that, for Supplemental 

Security Income (SSI) purposes, we do 

not consider any combat-related 

military pay as income when we 

determine whether spouses and 

children of members of the uniformed 

services are eligible for SSI. The 

proposed rules also would clarify that 

we do not consider combat-related 

military pay as income when we 

determine the spouse’s or child’s proper 

payment amount. These proposed rules 

also would provide that, when we 

determine whether spouses and 

children are eligible for SSI, we do not 

consider retroactive payments of certain 

military pay as resources for 9 months 

following receipt. These proposed rules 

would protect spouses and children of 

members of the uniformed services from 

a reduction in, or loss of, benefits 

because their spouse or parent serves in 

a combat zone. 

DATES: To be sure that we consider your 

comments, we must receive them no 

later than August 10, 2009. 

ADDRESSES: You may submit comments 

by any one of four methods—Internet, 

facsimile, regular mail, or handdelivery. Commenters should not 

submit the same comments multiple 

times or by more than one method. 

Regardless of which of the following 

methods you choose, please state that 

your comments refer to Docket No. 

SSA–2008–0051 to ensure that we can 

associate your comments with the 

correct regulation: 

1. Federal eRulemaking Portal at 

http://www.regulations.gov. (This is the 

most expedient method for submitting 

your comments, and we strongly urge 

you to use it.) In the ‘‘Search 

Documents’’ section of the Web page, 

type ‘‘SSA–2008–0051,’’ select ‘‘Go,’’ 

and then click ‘‘Send a Comment or 

Submission.’’ The Federal eRulemaking 

Portal issues you a tracking number 

when you submit a comment. 

2. Telefax to (410) 966–2830. 

3. Letter to the Commissioner of 

Social Security, P.O. Box 17703, 

Baltimore, MD 21235–7703. 

4. Deliver your comments to the 

Office of Regulations, Social Security 


cprice-sewell on PRODPC61 with PROPOSALS