30912 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

§ 1410.3 [Amended] 

■ 4. Amend § 1410.3 in paragraph (c) by 

removing the words ‘‘including 

encouraging more permanent 

conservation practices and tree 

planting’’ and adding, in their place, the 

words ‘‘including, as appropriate, 

addressing issues raised by State, 

regional, and national conservation 

initiatives and encouraging more 

permanent conservation practices, such 

as, but not limited to, tree planting’’. 

■ 5. Revise § 1410.11 to read to as 

follows: 

§ 1410.11 Farmable Wetlands Program. 

(a) In addition to other allowable 

enrollments, land may be enrolled in 

this program through the Farmable 

Wetlands Program (FWP) within the 

overall Conservation Reserve Program 

provided for in this part. 

(b) As determined by CCC, eligible 

owners and operators may enroll land in 

FWP provided that the land: 

(1) Is a wetland, including a converted 

wetland, as determined by CCC, that has 

been planted or considered planted to 

an agricultural commodity, as defined 

in § 1410.2, in 3 of the 10 most recent 

crop years and that does not exceed the 

size limitations of this section; 

(2) Is enrolled to be a constructed 

wetland that is to be developed to 

receive flow from a row crop agriculture 

drainage system and is designed to 

provide nitrogen removal in addition to 

other wetland functions and that does 

not exceed the size limitations of this 

section; 

(3) Was a commercial pond-raised 

aquaculture facility in any year during 

the period of calendar years 2002 

through 2007; or 

(4) Was cropped, after January 1, 

1990, and before December 31, 2002, at 

least 3 of 10 crop years, was subject to 

the natural overflow of a prairie 

wetland, and does not exceed the size 

limitations of this section. 

(c) In addition, land may be enrolled 

in FWP if the land is buffer acreage that 

provides protection for and is 

contiguous to land otherwise eligible 

under paragraphs (b)(1), (b)(2), or (b)(4) 

of this section, subject to other 

provisions of this section. 

(d) Total enrollment in CRP under 

this section may not exceed 1 million 

acres. In addition, the maximum size of 

a land enrolled under this section may 

not exceed, as determined by CCC: 

(1) 40 contiguous acres for land made 

eligible by paragraph (b)(1) of this 

section; 

(2) 40 contiguous acres for land made 

eligible by paragraph (b)(2) of this 

section; 

(3) 20 contiguous acres for land made 

eligible by paragraph (b)(4) of this 

section; or 

(4) A suitable buffer as determined by 

the Deputy Administrator for lands 

added under paragraph (c) of this 

section. 

(e) All participants subject to a CRP 

contract under this section must agree to 

establish and maintain, as appropriate, 

the practice described in paragraph (b) 

of this section to the maximum extent 

possible, as determined by CCC, in 

accordance with NRCS FOTG including, 

as appropriate, restoring the hydrology 

of the wetland and establishing 

vegetative cover (which may include 

emerging vegetation in water and 

bottomland hardwoods, cypress, and 

other appropriate tree species in 

shallow water areas), as determined by 

CCC. 

(f) Offers for contracts under this 

section must be submitted under 

continuous signup provisions as 

authorized in § 1410.30. 

(g) Except as otherwise determined by 

CCC, all other requirements of this part 

apply to enrollments under this section, 

and CCC may add such other 

requirements or conditions as it deems 

necessary. Such additional conditions 

include, but are not limited to, payment 

limitations, adjusted gross income 

limitations, and limitations on the 

amount of acreage that can be enrolled 

in any one county. 

■ 6. In § 1410.22, amend paragraph (b) 

by adding the words ‘‘and management 

activities’’ immediately after the word 

‘‘practices’’ and by adding the following 

sentence at the end of paragraph (b) to 

read as follows: 

§ 1410.22 CRP conservation plan. 

* * * * * 

(b) * * * The producer must 

undertake management activities on the 

land as needed throughout the term of 

the CRP contract to implement the 

conservation plan. 

* * * * * 

■ 7. Amend § 1410.40 by adding a new 

paragraph (g) to read as follows: 

§ 1410.40 Cost-share payments. 

* * * * * 

(g) CCC may make cost-share 

payments for thinning of existing tree 

stands to benefit wildlife habitat and 

other resource conditions on enrolled 

land, as determined by CCC. 

■ 8. Amend § 1410.42 by revising 

paragraph (d) to read as set forth below: 

§ 1410.42 Annual rental payments. 

* * * * * 

(d) The maximum amount of rental 

payments that a person or legal entity 

may receive, directly or indirectly, 

under CRP for any fiscal year must not 

exceed $50,000. The regulations in part 

1400 of this chapter will be applicable 

for determining whether the limit has 

been exceeded. 

* * * * * 

■ 9. Revise § 1410.44 to read as follows: 

§ 1410.44 Average Adjusted Gross 

Income. 

(a) Benefits under this part will not be 

available to persons or legal entities 

whose average adjusted gross income 

exceeds $1,000,000 or as further 

specified in part 1400 subpart F of this 

chapter. 

(b) The limit specified in paragraph 

(a) of this section may be waived as 

specified in part 1400 subpart F of this 

chapter. 

■ 10. Revise § 1410.53 to read as 

follows: 

§ 1410.53 Executed CRP contract not in 

conformity with regulations. 

If, after a CRP contract is approved by 

CCC, it is discovered that such CRP 

contract is found to contain material 

errors of fact or is not in conformity 

with this part, these regulations will 

prevail, and CCC may, at its sole 

discretion, terminate or modify the CRP 

contract, effective immediately or at a 

later date as CCC determines 

appropriate. 

Signed at Washington, DC, on June 23, 

2009. 

Dennis J. Taitano, 

Acting for Executive Vice President, 

Commodity Credit Corporation. 

[FR Doc. E9–15305 Filed 6–26–09; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0510; Directorate 

Identifier 2009–NE–16–AD; Amendment 39– 

15948; AD 2009–13–09] 

RIN 2120–AA64 

Airworthiness Directives; Microturbo 

SA Saphir 2 Model 016 Auxiliary Power 

Units 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above, on which the 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 30913 

exhaust thermal insulation has been 

replaced since January 1, 1995. 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: 

Due to a lapse in manufacturing quality 

control, the exhaust thermal insulation of 

certain Microturbo SA Saphir 2 model 016 

auxiliary power units (APUs) may not meet 

the approved design standard, and may fail 

in service. The affected part numbers are 

016–33–01 (Inner Thermal Insulation), 016– 

33–02 (Outer Thermal Insulation), and 016– 

33–03 (EGT Sensor Thermal Insulation). This 

condition, if not corrected, could result in 

rapid deterioration and physical breakdown 

of the exhaust thermal insulation, leading to 

loss of insulation efficiency and ultimately 

exposure of the hot APU exhaust section and 

risk of fire. 

We are issuing this AD to prevent 

rapid deterioration and physical 

breakdown of the exhaust thermal 

insulation, leading to loss of insulation 

efficiency and ultimately exposure of 

the hot APU exhaust section and risk of 

fire. 

DATES: This AD becomes effective July 

14, 2009 

We must receive comments on this 

AD by July 29, 2009 

The Director of the Federal Register 

approved the incorporation by reference 

of Microturbo SA Alert Service Bulletin 

No. 49–11A76, Revision 1, dated, 

September 6, 2007, listed in the AD as 

of July 14, 2009 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is the same as the Mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Michael Schwetz, Aerospace Engineer, 

Boston Aircraft Certification Office, 

FAA, Engine and Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA 01803; e-mail: 

michaelschwetz@faa.gov; telephone 

(781) 238–7761; fax (781) 238–7170. 

SUPPLEMENTARY INFORMATION: 

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 2009–0100, 

dated May 4, 2009 (referred to after this 

as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products.] 

The MCAI states: 

Due to a lapse in manufacturing quality 

control, the exhaust thermal insulation of 

certain Microturbo SA Saphir 2 model 016 

APUs may not meet the approved design 

standard, and may fail in service. The 

affected part numbers are 016–33–01 (Inner 

Thermal Insulation), 016–33–02 (Outer 

Thermal Insulation), and 016–33–03 (EGT 

Sensor Thermal Insulation). This condition, 

if not corrected, could result in rapid 

deterioration and physical breakdown of the 

exhaust thermal insulation, leading to loss of 

insulation efficiency and ultimately exposure 

of the hot APU exhaust section and risk of 

fire. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Microturbo SA has issued Alert 

Service Bulletin No. 49–11A76, 

Revision 1, dated September 6, 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 AD 

This product has been approved by 

the aviation authority of France and is 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with France, they have 

notified us of the unsafe condition 

described in the MCAI and service 

information referenced above. We are 

issuing this AD because we evaluated 

all information provided by EASA and 

determined the unsafe condition exists 

and is likely to exist or develop on other 

products of the same type design. This 

AD requires initial and repetitive visual 

inspections of certain exhaust thermal 

insulation for signs of deterioration on 

Microturbo SA Saphir 2 model 016 

APUs. This AD also requires 

replacement of the affected exhaust 

thermal insulation as mandatory 

terminating action to the repetitive 

visual inspections. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because of the potential for rapid 

deterioration and physical breakdown of 

the exhaust thermal insulation, leading 

to loss of insulation efficiency and 

ultimately exposure of the hot APU 

exhaust section and risk of fire. 

Therefore, we determined that notice 

and opportunity for public comment 

before issuing this AD are impracticable 

and that good cause exists for making 

this amendment effective in fewer than 

30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2009–0510; 

Directorate Identifier 2009–NE–16–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of 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 with FAA 

personnel concerning this AD. Using the 

search function of the Web site, anyone 

can find and read the comments in any 

of our dockets, including, if provided, 

the name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 


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30914 Federal Register / Vol. 74, No. 123 / Monday, June 29, 2009 / Rules and Regulations 

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 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 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. 

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: 

2009–13–09 Microturbo SA: Amendment 

39–15948.; Docket No. FAA–2009–0510; 

Directorate Identifier 2009–NE–16–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 14, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Microturbo SA 

Saphir 2 model 016 auxiliary power units 

(APUs) on which the exhaust thermal 

insulation has been replaced since January 1, 

1995. These APUs are installed on, but not 

limited to, Dassault Falcon 20 airplanes. 

Reason 

(d) European Aviation Safety Agency 

(EASA) AD No. 2009–0100, dated May 4, 

2009, states: 

Due to a lapse in manufacturing quality 

control, the exhaust thermal insulation of 

certain Microturbo SA Saphir 2 model 016 

APUs may not meet the approved design 

standard, and may fail in service. The 

affected part numbers are 016–33–01 (Inner 

Thermal Insulation), 016–33–02 (Outer 

Thermal Insulation), and 016–33–03 (EGT 

Sensor Thermal Insulation). This condition, 

if not corrected, could result in rapid 

deterioration and physical breakdown of the 

exhaust thermal insulation, leading to loss of 

insulation efficiency and ultimately exposure 

of the hot APU exhaust section and risk of 

fire. 

We are issuing this AD to prevent rapid 

deterioration and physical breakdown of the 

exhaust thermal insulation, leading to loss of 

insulation efficiency and ultimately exposure 

of the hot APU exhaust section and risk of 

fire. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

Initial and Repetitive Inspections 

(1) Within 10 APU operating hours from 

the effective date of this AD, visually inspect 

the exhaust thermal insulation for signs of 

deterioration. Repeat the inspection at 

intervals not exceeding 10 operating APU 

hours. 

(2) If deterioration is detected, replace the 

exhaust thermal insulation before operating 

the APU again. Use paragraphs 2.A. through 

2.C.(4)(b) of Microturbo SA Alert Service 

Bulletin No. 49–11A76, Revision 1, dated 

September 6, 2007, to do the replacement. 

Mandatory Terminating Action 

(3) As mandatory terminating action to the 

repetitive visual inspections required by this 

AD, replace the exhaust thermal insulation 

within 50 APU operating hours from the 

effective date of this AD. Use paragraphs 2.A. 

through 2.C.(4)(b) of Microturbo SA Alert 

Service Bulletin No. 49–11A76, Revision 1, 

dated September 6, 2007, to do the 

replacement. 

FAA AD Differences 

(f) None. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Boston Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Related Information 

(h) Refer to MCAI EASA Airworthiness 

Directive 2009–0100, dated May 4, 2009, for 

related information. 

(i) Contact Michael Schwetz, Aerospace 

Engineer, Boston Aircraft Certification Office, 

FAA, Engine and Propeller Directorate, 12 

New England Executive Park, Burlington, 

MA 01803; e-mail: michaelschwetz@faa.gov; 

telephone (781) 238–7761; fax (781) 238– 

7170, for more information about this AD. 

Material Incorporated by Reference 

(j) You must use Microturbo SA Alert 

Service Bulletin No. 49–11A76, Revision 1, 

dated September 6, 2007, 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 Microturbo SA, Technical 

Publications Department, 8, Chemin du pont 

de Rupe, BP 62089, 31019 Toulouse Cedex 2, 

France; telephone (33) (0)5 61 37 55 00; fax 

(33) (0)5 61 70 74 45. 

(3) You may review copies at the FAA, 

New England Region, 12 New England 

Executive Park, Burlington, MA; 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/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

June 17, 2009. 

Carlos Pestana, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–14809 Filed 6–26–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0198; Directorate 

Identifier 2008–NM–129–AD; Amendment 

39–15941; AD 2009–13–02] 

RIN 2120-AA64 

Airworthiness Directives; Fokker 

Model F.28 Mark 0100 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 


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