Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules and Regulations 27917 

(b) Before further flight, if you find a main 

rotor blade with an incorrectly installed clip, 

replace that unairworthy main rotor blade 

with an airworthy main rotor blade that has 

a clip that is installed correctly. 

(c) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Rotorcraft 

Certification Office, FAA, ATTN: Michael 

Kohner, Aviation Safety Engineer, Rotorcraft 

Directorate, Fort Worth, Texas 76193–0170, 

telephone (817) 222–5170, fax (817) 222– 

5783. 

(d) Special flight permits may be issued 

under 14 CFR 21.197 and 21.199 to operate 

the helicopter to a location where the 

requirements of this AD can be done 

provided the onetime ferry flight does not 

exceed 5 hours TIS. 

(e) The visual inspection shall be done by 

following the specified portions of Bell 

Helicopter Textron, Inc., Alert Service 

Bulletin No. 47–08–25, dated May 26, 2008. 

The Director of the Federal Register approved 

this incorporation by reference in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Copies may be obtained from Bell Helicopter 

Textron, Inc., P.O. Box 482, Fort Worth, TX 

76101, telephone (817) 280–3391, fax (817) 

280–6466, or at http:// 

www.bellcustomer.com/files/. Copies may be 

inspected at the FAA, Office of the Regional 

Counsel, Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas or at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(f) This amendment becomes effective on 

June 29, 2009. 

Issued in Fort Worth, Texas, on May 19, 

2009. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–13563 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0323 Directorate 

Identifier 2009–CE–012–AD; Amendment 

39–15937; AD 2009–12–14] 

RIN 2120–AA64 

Airworthiness Directives; AeromotIndustria Mecanico Metalurgica ltda. 

Model AMT–200 and AMT–300 Series 

Gliders 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued 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: 

It has been found that the coolant liquid 

EVANS NPG + is a flammable fluid. The 

engine liquid cooling system of the affected 

Aeromot aircrafts is not designed to operate 

with flammable liquids. Therefore, there is 

an unacceptable engine fire risk associated 

with the use of Evans NPG + fluid. 

DATES: This AD becomes effective July 

17, 2009. 

On July 17, 2009, the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Greg 

Davison, Glider Program Manager, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 

329–4090. 


ER12JN09.000</GPH>
27918 Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on April 8, 2009 (74 FR 15894). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been found that the coolant liquid 

EVANS NPG + is a flammable fluid. The 

engine liquid cooling system of the affected 

Aeromot aircrafts is not designed to operate 

with flammable liquids. Therefore, there is 

an unacceptable engine fire risk associated 

with the use of Evans NPG + fluid. 

The MCAI requires replacement of the 

EVANS NPG + coolant liquid, 

application of new red lines on the 

engine cylinder head temperature gauge, 

replacement of the engine radiator cap, 

and insertion of information into the 

airplane flight manual (AFM). We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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 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. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect 55 

products of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Required parts will cost about $30 per 

product. 

Based on these figures, we estimate 

the cost of this AD to the U.S. operators 

to be $6,050, or $110 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 AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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 AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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 AD and placed it in the AD Docket. 

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 the NPRM, 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2009–12–14 Aeromot-Industria Mecanico 

Metalurgica ltda.: Amendment 39– 

15937; Docket No. FAA–2009–0323; 

Directorate Identifier 2009–CE–012–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 17, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all serial numbers 

of the following gliders that are certificated 

in any category: 

(1) Model AMT–100 gliders as modified to 

Model AMT–200 gliders; and 

(2) Models AMT–200, AMT–200S, and 

AMT–300 gliders. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 73: Engine Fuel & Control. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found that the coolant liquid 

EVANS NPG + is a flammable fluid. The 

engine liquid cooling system of the affected 

Aeromot aircrafts is not designed to operate 

with flammable liquids. Therefore, there is 

an unacceptable engine fire risk associated 

with the use of EVANS NPG + fluid. 

Since this condition may occur in other 

aircraft of the same type and affects flight 

safety, an immediate corrective action is 

required. Thus, sufficient reason exists to 

request compliance with this AD in the 

indicated time limit without prior notice. 

The MCAI requires replacement of the 

EVANS NPG + coolant liquid, application of 

new red lines on the engine cylinder head 

temperature gauge, replacement of the engine 

radiator cap, and insertion of information 

into the airplane flight manual (AFM). 

Federal Register / Vol. 74, No. 112 / Friday, June 12, 2009 / Rules and Regulations 27919 

Actions and Compliance 

(f) Unless already done, do the following 

actions within the next 20 hours time-inservice after July 17, 2009 (the effective date 

of this AD) or within the next 30 days after 

July 17, 2009 (the effective date of this AD), 

whichever occurs first, following AEROMOT 

Alert Service Bulletin No. 200–71–106, Rev. 

B, dated December 20, 2006; ROTAX Aircraft 

Engines Mandatory Service Bulletin SB–912– 

043 R2/SB–914–029 R2, dated November 10, 

2006; and ROTAX Aircraft Engines Service 

Instruction SI–912–016/SI–914–019, dated 

August 28, 2006: 

(1) Replace the EVANS NPG + cooling 

liquid with a conventional, FAA-approved 

coolant for the ROTAX 912 and 914 series 

engines. 

(2) Apply a new red line marking on the 

engine cylinder head temperature gauge at 

120 degrees C/248 degrees F. 

(3) Replace the radiator cap part number 

(P/N) 922075 from the affected engines with 

a new radiator cap P/N 922070. 

(4) Insert into the AFM Limitations section 

an amendment to include the new operation 

limit of the cylinder head temperature to 120 

degrees C/248 degrees F by inserting a copy 

of AEROMOT Alert Service Bulletin No. 

200–71–106, Rev. B, dated December 20, 

2006, into the AFM, Limitations section, 

Section 2 on item 2.4, power plant, fuel and 

oil limitations and item 2.5, power plant 

instrument markings. 

FAA AD Differences 

Note: 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, Standards 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: Greg Davison, Glider Program 

Manager, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4130; fax: (816) 

329–4090. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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 

(44 U.S.C. 3501 et seq.), 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 ANAC Brazilian 

Airworthiness Directive AD No. 2007–01–01, 

dated January 29, 2007; AEROMOT Alert 

Service Bulletin No. 200–71–106, Rev. B, 

dated December 20, 2006; ROTAX Aircraft 

Engines Mandatory Service Bulletin SB–912– 

043 R2/SB–914–029 R2, dated November 10, 

2006; and ROTAX Aircraft Engines Service 

Instruction SI–912–016/SI–914–019, dated 

August 28, 2006, for related information. 

Material Incorporated by Reference 

(i) You must use AEROMOT Alert Service 

Bulletin No. 200–71–106, Rev. B, dated 

December 20, 2006; ROTAX Aircraft Engines 

Mandatory Service Bulletin SB–912–043 R2/ 

SB–914–029 R2, dated November 10, 2006; 

and ROTAX Aircraft Engines Service 

Instruction SI–912–016/SI–914–019, dated 

August 28, 2006, to do the actions required 

by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Aeromot-Industria Mecanico 

Metalurgica ltda., Av. das Industrias, 1210– 

Bairro Anchieta, Caixa Postal 8031, 90 200– 

290–Porto Alegre-RS–Brazil; telephone: +55 

51 3357 8550; fax: +55 51 3371 1655; 

Internet: http://www.aeromot.com.br. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on June 4, 

2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–13575 Filed 6–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 558 

[Docket No. FDA–2009–N–0665] 

New Animal Drugs for Use in Animal 

Feeds; Chlortetracycline 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a supplemental new animal 

drug application (NADA) filed by 

Alpharma Inc. The supplemental NADA 

provides for revised Blue Bird labeling 

for chlortetracycline Type A medicated 

articles used to formulate Type B and 

Type C medicated feeds in various 

classes of livestock and poultry. 

DATES: This rule is effective June 12, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Schell, Center for Veterinary 

Medicine (HFV–128), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8116, email: timothy.schell@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Alpharma 

Inc., 440 Rte. 22, Bridgewater, NJ 08807, 

filed a supplement to NADA 46–699 

that provides revised Blue Bird labeling 

for CHLORMAX (chlortetracycline) 

Type A medicated articles used to 

formulate Type B and Type C medicated 

feeds in various classes of livestock and 

poultry. The supplemental NADA is 

approved as of May 22, 2009, and the 

regulations are amended in § 558.128 

(21 CFR 558.128) to reflect the approval. 

In addition, § 558.128 is amended to 

differentiate certain withdrawal times in 

cattle for two chlortetracycline Type A 

medicated articles sponsored by 

Alpharma Inc. under separate NADAs 

and to correct the spelling of a turkey 

pathogen. 

Approval of this supplemental NADA 

did not require review of additional 

safety or effectiveness data or 

information. Therefore, a freedom of 

information summary is not required. 

The agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 558 

Animal drugs, Animal feeds. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to