27262 Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Proposed Rules 

of the content of Fokker 70/100 Service Letter 

(SL) 272. This SL informs not to operate the 

door lock handle after the aircraft has started 

to move or before it has come to a complete 

standstill. 

After inspection, it was found that the false 

red light might be the result of an incorrect 

clearance between lever Part Number (P/N) 

A26997–003 and the Up-Limit Switch. If the 

Up-Limit Switch has an incorrect clearance, 

the combination with cabin differential 

pressure build-up after lift-off might result in 

a false steady illuminating red ‘‘DOOR NOT 

LOCKED’’ indication on the Door Indication 

Panel. The original Fokker Service Bulletin 

SBF100–52–044 and the associated Aircraft 

Maintenance Manual (AMM) task mentioned 

a clearance of 1,3 mm ± 0,3 mm. Later, based 

on a trial, an improved clearance of 0,3 mm 

± 0,2 mm was introduced. Both documents 

have been revised for that reason. Later 

production serial number aircraft with 

downward opening passenger doors had the 

correct clearance introduced before delivery, 

but no action was taken to inspect and adjust 

the clearance on previously delivered or 

modified (per SBF100–52–044) serial 

numbers. 

Since an unsafe condition has been 

identified that is likely to exist or develop on 

other aircraft of the same type design, this 

[EASA] Airworthiness Directive (AD) 

requires two actions: 

—The installation of a warning placard near 

the status lights of the door lock indication 

panel, instructing the cabin crew not to 

operate the door handle during flight and 

to inform the flight crew of the ‘‘DOOR 

NOT LOCKED’’ indication; and 

—A one-time inspection of the clearance 

between lever P/N A26997–003 and the 

Up-Limit Switch. If this clearance deviates 

from the limits given in AMM task 52–71– 

01–400–814–A, which is 0,3 mm ± 0,2 mm 

(0.0118 inch ± 0.0079 inch), corrective 

actions are required. 

The unsafe condition is inadvertent 

opening of the door lock handle in flight, 

which could result in rapid decompression of 

the airplane or ejection of a passenger or 

crewmember through the door. The 

corrective action for improper clearance is 

adjusting the clearance between the lever and 

the up-limit switch. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 500 flight cycles or 4 months 

after the effective date of this AD, whichever 

occurs first, install a new warning placard 

near the status lights of the panel of the door 

lock indication, in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–11–025, Revision 1, 

dated December 13, 2007. 

(2) Within 4,000 flight cycles after the 

effective date of this AD, do a one-time 

inspection of the clearance between lever P/ 

N A26997–003 and the up-limit switch, in 

accordance with the Accomplishment 

Instructions of Fokker Service Bulletin 

SBF100–52–086, dated November 1, 2007. 

(3) If any clearance is found outside the 

range defined in the service bulletin during 

the inspection required by paragraph (f)(2) of 

this AD, before further flight, correct the 

clearance in accordance with the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–52–086, dated 

November 1, 2007. 

(4) If done before the effective date of this 

AD, installing the warning placard near the 

status lights of the panel of the door lock 

indication, in accordance with Fokker 

Service Bulletin SBF100–11–025, dated 

November 1, 2007, is acceptable for 

compliance with the requirements of 

paragraph (f)(1) of this AD. 

(5) Modifying the airplane in accordance 

with Fokker Service Bulletin SBF 100–52– 

044, Revision 1, dated November 1, 2007, 

terminates the requirements of paragraph 

(f)(2) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

Note 1 of the ‘‘Compliance’’ section of 

European Aviation Safety Agency 

Airworthiness Directive 2008–0020, dated 

January 28, 2008, states that any airplane that 

has not yet been modified in accordance with 

Fokker Service Bulletin SBF 100–52–069, 

dated December 3, 2001, must be done prior 

to or concurrently with paragraph (f)(1) of 

this AD. However, all U.S. airplanes have 

met this requirement with issuance of AD 

2006–03–07, amendment 39–14471; 

therefore, modification in accordance with 

Fokker Service Bulletin SBF 100–52–069, 

dated December 3, 2001, is not applicable. 

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: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; 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 EASA Airworthiness 

Directive 2008–0020, dated January 28, 2008, 

and Fokker Service Bulletin SBF100–11–025, 

Revision 1, dated December 13, 2007; and 

Fokker Service Bulletin SBF100–52–086, 

dated November 1, 2007; for related 

information. 

Issued in Renton, Washington, on June 1, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–13350 Filed 6–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Parts 617, 618, 665, and 671 

RIN 1205–AB32 and 1205–AB40 

Withdrawal of Certain Proposed Rules 

for Trade Adjustment Assistance 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice of withdrawal. 

SUMMARY: The Employment and 

Training Administration (ETA) of the 

Department of Labor (Department) 

announces the withdrawal of two 

notices of proposed rulemaking 

(NPRMs) on the Trade Adjustment 

Assistance for Workers (TAA) and 

Alternative Trade Adjustment 

Assistance for Older Workers (ATAA) 

programs under the Trade Act of 1974, 

as amended (Trade Act). These 

proposed rules are withdrawn because 

the American Recovery and 

Reinvestment Act of 2009, commonly 

known as the Recovery Act, 

significantly amended the authorizing 

legislation, superseding the two NPRMs. 

DATES: The proposed rules identified in 

this document are withdrawn as of June 

9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Erica Cantor, Administrator, Office of 

National Response, ETA, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Room C–5311, 

Washington, DC 20210. Telephone: 

(202)–693–3560 (voice) (this is not a 

toll-free number); individuals with 

hearing or speech impairments may 

access the telephone number via TTY by 

calling the toll-free Federal Information 

Relay Service at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: The TAA 

program, under chapter 2 of title II of 

the Trade Act, provides adjustment 

assistance (including training, income 

Federal Register / Vol. 74, No. 109 / Tuesday, June 9, 2009 / Proposed Rules 27263 

support, and job search and relocation 

allowances) for workers adversely 

affected by international trade. The 

Trade Adjustment Assistance Reform 

Act of 2002 (the Reform Act), Public 

Law 107–210, reauthorized the TAA 

program, making significant 

amendments, including the addition of 

a health care tax credit (helping workers 

pay for qualifying health insurance) and 

ATAA, providing a wage supplement 

option for older workers. 

The Department proceeded to 

implement the Reform Act through 

three separate rulemakings. On August 

25, 2006, the Department published an 

NPRM covering TAA program benefits 

and administration (TAA NPRM) (71 FR 

50760). On October 18, 2006, the 

Department published an NPRM 

covering the new ATAA program 

(ATAA NPRM) (71 FR 61618). A 

planned third rulemaking covering 

petitions for certification of eligibility to 

apply for program benefits was not 

published (RIN 1205–AB44). 

Subsequently, Congress passed the 

Continuing Appropriations Resolution, 

2007 (Pub. L. 110–5) and the 

Consolidated Appropriations Act, 2008 

(Pub. L. 110–161), that prohibited the 

Department from finalizing or 

implementing these proposed 

regulations. 

On February 17, 2009, President 

Obama signed the Recovery Act, Public 

Law 111–5, which includes the Trade 

and Globalization Adjustment 

Assistance Act of 2009 (TGAAA). The 

TGAAA reauthorized and substantially 

amended the TAA program, broadening 

program coverage, expanding benefits, 

providing employment and case 

management services, and replacing the 

ATAA program with the Retraining 

Adjustment Assistance program. 

Because the substantial amendments 

made by the TGAAA rendered the two 

2006 NPRMs obsolete, they are 

withdrawn. The Department intends to 

implement the TGAAA through 

rulemakings, and interested parties will 

be invited to submit comments on those 

proposed rules when they publish. 

Signed: at Washington, DC this 29th day of 

May 2009. 

Douglas F. Small, 

Deputy Assistant Secretary, Employment and 

Training Administration, Labor. 

[FR Doc. E9–13352 Filed 6–8–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 74 

RIN 1219–AB61 

Coal Mine Dust Personal Monitors 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Proposed rule; notice of public 

hearing; re-opening of comment period. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) and the 

National Institute for Occupational 

Safety and Health (NIOSH) will hold a 

public hearing on the proposed rule to 

revise existing requirements to approve 

sampling devices that monitor miner 

exposure to respirable coal mine dust. 

The proposal would establish criteria 

for the approval of a new type of 

technology, the ‘‘continuous personal 

dust monitor’’ (CPDM), which would be 

worn by the miner and would report 

exposure to dust levels continuously 

during the shift. In addition, the 

proposal would update application 

requirements for the existing ‘‘coal mine 

dust personal sampler unit’’ (CMDPSU) 

to reflect improvements in this sampler 

over the past 15 years. This rulemaking 

is limited to approval requirements and 

does not address requirements 

concerning how sampling devices must 

be used to determine compliance, e.g., 

who, when, and how often to sample. 

Those requirements are addressed in 

existing 30 CFR parts 70, 71, and 90. 

MSHA is also clarifying its intent that 

the text in proposed § 74.7(f)(2) be 

accordance with the specific test 

defined in IEC 61000–4–6. 

DATES: All post-hearing comments must 

be received by midnight Eastern 

Daylight Saving Time (EDST) on August 

14, 2009. 

MSHA and NIOSH will hold a public 

hearing on July 8, 2009. The 

SUPPLEMENTARY INFORMATION section of 

this notice includes details of the 

hearing. 

ADDRESSES: Post-hearing comments 

must be identified with ‘‘RIN 1219– 

AB61’’ and may be submitted to MSHA 

by any of the following methods: 

(1) Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) Electronic mail: zzMSHAComments@dol.gov. Include ‘‘RIN 

1219–AB61’’ in the subject line of the 

message. 

(3) Facsimile: 202–693–9441. Include 

‘‘RIN 1219–AB61’’ in the subject line of 

the message. 

(4) Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939. 

(5) Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia 22209– 

3939. Sign in at the receptionist’s desk 

on the 21st floor. 

Post-hearing comments can be 

accessed electronically at http:// 

www.msha.gov under the ‘‘Rules and 

Regs’’ link. MSHA will post all 

comments on the Internet without 

change, including any personal 

information provided. 

Post-hearing comments may also be 

reviewed at the Office of Standards, 

Regulations, and Variances, 1100 

Wilson Boulevard, Room 2350, 

Arlington, Virginia. Sign in at the 

receptionist’s desk on the 21st floor. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, at 

silvey.patricia@dol.gov (e-mail), 202– 

693–9440 (voice), or 202–693–9441 

(facsimile). 

SUPPLEMENTARY INFORMATION: 

I. Background 

Existing 30 CFR part 74 specifies 

requirements by which MSHA and 

NIOSH jointly approve the design, 

construction, performance, and 

manufacturing quality of the CMDPSU. 

These regulatory requirements, which 

were issued in 1972, are design specific 

and do not permit the approval of any 

other sampling device of a different 

design. The CMDPSU is currently the 

only personal dust monitor design that 

is approved for collecting respirable 

dust samples in coal mines. 

MSHA and NIOSH recognize that the 

ability to directly measure in real time 

the amount of respirable coal mine dust 

to which a miner is exposed offers the 

best solution for protecting miners from 

disabling occupational lung disease. 

Therefore, on January 16, 2009, MSHA 

and NIOSH issued a proposed rule (74 

FR 2915) that would revise 

requirements in 30 CFR part 74 for the 

approval of coal mine personal dust 

sampling devices. The proposed rule 

would establish performance-based and 

other requirements for approval of the 

new personal monitoring device, the 

CPDM. The CPDM is capable of 

continuously monitoring and displaying 

dust concentration measurements 

during the shift and providing end of 

shift summary measurements. The 

performance-based approach in the 

proposed rule would allow for 

continued innovation in CPDM designs 

to accommodate improvements or