29634 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc. (Formerly Canadair): 

Docket No. FAA–2009–0565; Directorate 

Identifier 2008–NM–217–AD. 

Comments Due Date 

(a) We must receive comments by July 23, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Bombardier 

Model CL–600–2A12 (CL–601) and CL–600– 

2B16 (CL–601–3A, CL–601–3R, and CL–604) 

airplanes, certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 76: Engine controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There have been various reported incidents 

of throttle jam and engine shutdowns, caused 

by premature wear of the rack and pinion 

mechanism of part number (P/N) 2100140– 

005 and –007 Engine Throttle Control 

Gearbox (ETCG), installed on Bombardier 

CL–601 and 604 aircraft. 

Bombardier issued service bulletins (SB) 

601–0583 (CL601/601–3A, –3R) and 604–76– 

004 (CL 604), introducing periodic inspection 

of the affected ETCG rack and pinion 

mechanisms for wear. 

Subject inspection requirement tasks have 

now been incorporated into the applicable 

CL601 and CL604 Time Limits Maintenance 

Checks (TLMCs) through Temporary 

Revisions (TR), TR 5–236 (for CL601), TR 5– 

236 (for CL601–3A & –3R) ant TR 5–2–40 (for 

CL604). 

The required action is revising the 

Airworthiness Limitations Section of the 

Instructions for Continued Airworthiness to 

incorporate new repetitive functional tests of 

the ETCG. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 30 days after the effective date 

of this AD: Revise the Airworthiness 

Limitations section of the Instructions for 

Continued Airworthiness by incorporating 

the applicable task in the TR listed in Table 

1 of this AD. 

TABLE 1—TEMPORARY REVISIONS TO THE AIRWORTHINESS LIMITATIONS SECTION

For Bombardier model— 

Use 

Canadair 

Challenger 

Temporary 

Revision— 

Dated— To the airworthiness limitations section of— 

CL–600–2A12 (CL–601) airplanes ................... 5–236 July 25, 2008 ............................... Section 5–10–30 of Chapter 5 of the 

Canadair Challenger Time Limits/Maintenance Checks, PSP 601–5. 

CL–600–2B16 (CL–601–3A, and CL–601–3R) 

airplanes.

5–236 March 22, 2007 ............................ Section 5–10–30 of Chapter 5 of the 

Canadair Challenger Time Limits/Maintenance Checks, PSP 601A–5. 

CL–600–2B16 (CL–604) airplanes ................... 5–2–40 July 28, 2008 ............................... Section 5–10–40 of Chapter 5 of the 

Canadair Challenger CL–604 Time Limits/ 

Maintenance Checks. 

(2) For the new TLMC tasks identified in 

Canadair Challenger Temporary Revision 5– 

236, dated July 25, 2008; Temporary Revision 

5–2–40, dated July 28, 2008; and Temporary 

Revision 5–236, dated March 22, 2007: Initial 

compliance with the new TLMC tasks must 

be carried out in accordance with the phasein schedule detailed in the Canadair 

Challenger TRs 5–236 and TR 5–2–40, as 

applicable, after the effective date of this AD. 

Thereafter, except as provided by paragraph 

(g)(1) of this AD, no alternative TLMC task 

intervals may be used. 

(3) When information in a TR specified in 

paragraph (f)(1) has been included in the 

general revisions of the applicable 

Airworthiness Limitations section, the TR 

may be removed from that Airworthiness 

Limitations section of the Instruction for 

Continued Airworthiness. 

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, New York Aircraft 

Certification Office (ACO), 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: Rocco 

Viselli, Aerospace Engineer, Airframe and 

Propulsion Branch, ANE–171, FAA, New 

York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, New 

York 11590; telephone (516) 228–7331; fax 

(516) 794–5531. 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 Canadian Airworthiness 

Directive CF–2008–32R2, dated November 

17, 2008; Canadair Challenger Temporary 

Revision 5–236, dated July 25, 2008; 

Canadair Challenger CL–604 Temporary 

Revision 5–2–40, dated July 28, 2008; and 

Canadair Challenger Temporary Revision 5– 

236, dated March 22, 2007; for related 

information. 

Issued in Renton, WA, on June 15, 2009. 

Dorr M. Anderson, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–14678 Filed 6–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 635 

[FHWA Docket No. FHWA–2009–0029] 

RIN 2125–AF31 

Discontinuance of Form FHWA–47 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: This NPRM proposes to 

eliminate regulations which require 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29635 

1See GAO–04–113R. (http://www.gao.gov/ 

new.items/d04113r.pdf) 

2See Price Trends for Federal-aid Highway 

Construction (http://www.fhwa.dot.gov/ 

programadmin/pricetrends.cfm). 

3See Highway Statistics (http:// 

www.fhwa.dot.gov/policy/ohpi/hss/hsspubs.cfm). 

contractors on National Highway 

System (NHS) projects of $1 million or 

more to submit Form FHWA–47. Since 

the FHWA no longer uses this 

information, the FHWA is proposing to 

eliminate this reporting requirement. 

DATES: Comments must be received on 

or before July 23, 2009. Late-filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: Mail or hand deliver 

comments to the U.S. Department of 

Transportation, Dockets Management 

Facility, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, or submit 

electronically at http:// 

www.regulations.gov or fax comments to 

(202) 493–2251. All comments should 

include the docket number that appears 

in the heading of this document. All 

comments received will be available for 

examination and copying at the above 

address from 9 a.m. to 5 p.m., et., 

Monday through Friday, except Federal 

holidays. Those desiring notification of 

receipt of comments must include a selfaddressed, stamped postcard or may 

print the acknowledgment page that 

appears after submitting comments 

electronically. Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70, Page 19477–78), or you 

may visit http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert S. Wright, Office of Program 

Administration, (202) 366–4630; or Mr. 

Michael Harkins, Office of the Chief 

Counsel (202) 366–4928, Federal 

Highway Administration, 1200 New 

Jersey Ave., SE., Washington, DC 20590. 

Office hours are from 7:45 a.m. to 4:15 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

You may submit or retrieve comments 

online through the Federal Rulemaking 

portal at: http://www.regulations.gov. 

Electronic submission and retrieval help 

and guidelines are available under the 

help section of the Web site. It is 

available 24 hours each day, 365 days 

each year. Please follow the 

instructions. An electronic copy of this 

document also may be downloaded 

from the Office of the Federal Register’s 

home page at: http://www.archives.gov 

and the Government Printing Office’s 

Web page at: http:// 

www.access.gpo.gov/nara. 

Background 

During a 2003 Government 

Accountability Office (GAO) review of 

the States’ highway construction costs, 

the GAO reviewed the FHWA’s bid 

price data collection requirements. In a 

November 2003 report, GAO made 

recommendations to FHWA to review 

the usefulness and accuracy and/or 

under reporting of the bid price data 

collected.1 In response to GAO’s review 

the FHWA Office of Infrastructure, 

Office of Program Administration, in 

collaboration with the Office of 

Transportation Policy Studies, hired a 

consultant to review the need, quality, 

and value of the current data collections 

system in partnership with the 

American Association of State Highway 

and Transportation Officials. This 

review also included data collected for 

material and labor prices and bid 

tabulation. As a result, FHWA has 

decided to discontinue the reporting 

requirements for the Form FHWA–45, 

Bid Price Data; Form FHWA–47, 

Statement of Materials and Labor Used 

by Contractors on Highway 

Construction Involving Federal Funds; 

and Form FHWA–810, Bid Tabulation 

Data. This decision is documented in a 

May 22, 2007, policy memorandum (see 

http://www.fhwa.dot.gov/federalaid/ 

052207.cfm) as well as in a change to 

the Federal-Aid Policy Guide through 

Transmittal 38, dated July 3, 2007 (see 

http://www.fhwa.dot.gov/legsregs/ 

directives/fapg/1trans38.htm). 

Form FHWA–45, Bid Price Data, was 

collected on NHS projects over 

$500,000. Form FHWA–45 served as a 

means to compute the highway 

construction bid price index, which is 

published in the document ‘‘Price 

Trends for Federal-aid Highway 

Construction.’’ 2 The data were used in 

our ‘‘Highway Statistics’’ 3 publication 

and by other outside sources. With the 

discontinuance of the Form FHWA–45, 

the future of FHWA’s construction price 

trends reporting has been temporarily 

suspended. Currently, the FHWA has a 

contract for the development of a new 

highway construction cost indexing 

system, which will involve the use of 

the Oman System Bid Tabs data. This 

system utilizes construction price data 

extracted directly from State DOT data 

bases. Targeted completion for the new 

reporting system to be online is late FY 

2009–early FY 2010. 

Form FHWA–810, Bid Tabulation 

Data, was collected on all NHS projects. 

The data from the Form FHWA–810 

have been used to compute national 

summaries on the largest contract 

awards and contract size statistics. The 

data were also used to produce State-byState summaries on contracts awards, 

number of bids and average number of 

bids. 

Section 635.126 of title 23, Code of 

Federal Regulations, requires Form 

FHWA–47, Statement of Materials and 

Labor Used by Contractors on Highway 

Construction Involving Federal Funds, 

which is the subject of this NPRM, to be 

collected on all NHS projects over 

$1,000,000. Form FHWA–47 served as a 

means to collect data related to the 

quantities of materials, supplies and 

labor used for various types of highway 

construction. The data reported on this 

form were used primarily to compute 

usage factors for these various materials, 

supplies, and labor. These factors were 

used to determine the economic impacts 

of cuts or increases in the cost of 

Federal-aid highway construction. Since 

the FHWA no longer intends to use the 

information submitted through Form 

FHWA–47, the FHWA proposes to 

delete section 635.126 of title 23, Code 

of Federal Regulations. 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

The FHWA has determined that this 

action would not be a significant 

regulatory action within the meaning of 

Executive Order 12866 or significant 

within the meaning of U.S. Department 

of Transportation regulatory policies 

and procedures. The enacted change is 

not anticipated to adversely affect, in 

any material way, any sector of the 

economy. The FHWA expects that the 

enacted change will alleviate confusion 

and provide policy consistency and 

clarity at little or no additional expense 

to public agencies or the motoring 

public. In addition, the enacted change 

would not create a serious inconsistency 

with another agency’s action or 

materially alter the budgetary impact of 

any entitlements, grants, user fees, or 

loan programs. Therefore, a full 

regulatory evaluation is not required. 

Regulatory Flexibility Act 

In compliance with the Regulatory 

Flexibility Act (Pub. L. 96–354, 5 U.S.C. 

601–612), FHWA has evaluated the 

effects of this change on small entities 

and has determined that this action 

would not have a significant economic 

29636 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

impact on a substantial number of small 

entities. 

Unfunded Mandates Reform Act of 

1995 

This proposed rule would not impose 

unfunded mandates as defined by the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4, 109 Stat. 48, March 22, 

1995). This proposed action would not 

result in the expenditure by State, local, 

and Tribal governments, in the 

aggregate, or by the private sector, of 

$128.1 million or more in any 1 year (2 

U.S.C. 1532) period to comply with 

these changes. 

Executive Order 13132 (Federalism) 

This action has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 dated August 4, 1999, and FHWA 

has determined that this action would 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism assessment. The FHWA 

has also determined that this 

rulemaking will not preempt any State 

law or State regulation or affect the 

States’ ability to discharge traditional 

State governmental functions. 

Executive Order 13175 (Tribal 

Consultation) 

The FHWA has analyzed this action 

under Executive Order 13175, dated 

November 6, 2000, and believes that it 

would not have substantial direct effects 

on one or more Indian Tribes; would not 

impose substantial direct compliance 

costs on Indian Tribal governments; and 

would not preempt Tribal law. 

Therefore, a Tribal summary impact 

statement is not required. 

Executive Order 13211 (Energy Effects) 

The FHWA has analyzed this action 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The FHWA has 

determined that it is not a significant 

energy action under that order because 

it is not likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy. Therefore, 

a Statement of Energy Effects under 

Executive Order 13211 is not required. 

Executive Order 12372 

(Intergovernmental Review) 

Catalog of Federal Domestic 

Assistance program Number 20.205, 

Highway Planning and Construction. 

The regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do 

apply to this program. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (PRA) (44 U.S.C. 3501, et seq.), 

Federal agencies must obtain approval 

from the Office of Management and 

Budget (OMB) for each collection of 

information they conduct, sponsor, or 

require through regulations. Form 

FHWA–47 was previously approved 

under OMB Control Number 2125–0033 

in July 1998, and was associated with 5 

burden hours. We allowed this control 

number to expire because we no longer 

needed the information. Since this 

action eliminates a current reporting 

requirement and does not require any 

entity to write or submit new reports, 

the FHWA request for approval from 

OMB under the provisions of the PRA 

is not required. 

Executive Order 12988 (Civil Justice 

Reform) 

This action meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Executive Order 13045 (Protection of 

Children) 

The FHWA has analyzed this action 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. The FHWA certifies that this 

action would not concern an 

environmental risk to health or safety 

that may disproportionately affect 

children. 

Executive Order 12630 (Taking of 

Private Property) 

The FHWA does not anticipate that 

this action would effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

National Environmental Policy Act 

The FHWA has analyzed this action 

for the purpose of the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4347) and has determined 

that it would not have any effect on the 

quality of the environment. 

Regulation Identification Number 

A regulation identification number 

(RIN) is assigned to each regulatory 

action listed in the Unified Agenda of 

Federal Regulations. The Regulatory 

Information Service Center publishes 

the Unified Agenda in April and 

October of each year. The RIN contained 

in the heading of this document can be 

used to cross reference this action with 

the Unified Agenda. 

List of Subjects in 23 CFR Part 635 

Contract Procedures, Force Account 

Construction, Physical Construction 

Authorization, General Material 

Requirements. 

Issued on: June 9, 2009. 

Jeffrey F. Paniati, 

Acting Deputy Administrator, Federal 

Highway Administration. 

In consideration of the foregoing, the 

FHWA proposes to amend chapter I of 

title 23, Code of Federal Regulations, as 

set forth below: 

PART 635—CONSTRUCTION AND 

MAINTENANCE 

1. The authority citation of part 635 

continues to read as follows: 

Authority: Sec. 1503 of Public Law 109–59, 

119 Stat. 1144; 23 U.S.C. 101 (note), 109, 112, 

113, 114, 116, 119, 128, and 315; 31 U.S.C. 

6505; 42 U.S.C. 3334, 4601 et seq.; Sec. 

1041(a), Public Law 102–240, 105 Stat. 1914; 

23 CFR 1.32; 49 CFR 1.48(b). 

§ 635.126 [Removed and Reserved] 

2. Remove and reserve § 635.126. 

[FR Doc. E9–14669 Filed 6–22–09; 8:45 am] 

BILLING CODE 4910–22–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 74 and 78 

[WT Docket No. 02–55, ET Docket Nos. 00– 

258 and 95–18; FCC 09–49] 

Improving Public Safety 

Communications in the 800 MHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document the 

Commission proposes to modify our 

cost sharing requirements for the 2 GHz 

BAS band because the circumstances 

surrounding the BAS transition are very 

different than what was expected when 

the cost sharing requirements were 

adopted. The Commission believes that 

the best course of action is to propose 

new requirements that will address the 

ambiguity of applying the literal 

language of the current requirements to 

the changed circumstances, as well as 

balance the responsibilities for and 

benefits of relocating incumbent BAS 

operations among all new entrants in 

the band based on the Commission’s 

relocation policies set forth in the 

Emerging Technologies proceeding.