31618 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 

Dated: June 22, 2009. 

James B. Lockhart III, 

Director, Federal Housing Finance Agency. 

[FR Doc. E9–15304 Filed 7–1–09; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 26, 121, 125, and 129 

[Docket No. FAA–2005–22997; Amendment 

Nos. 26–3, 121–345, 125–57, and 129–47] 

RIN 2120–AI23 

Reduction of Fuel Tank Flammability in 

Transport Category Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, correcting 

amendments. 

SUMMARY: The Federal Aviation 

Administration (FAA) is correcting 

inadvertent errors that appeared in a 

previously-published final rule. That 

final rule amended FAA regulations that 

require operators and manufacturers of 

transport category airplanes to take 

steps that, in combination with other 

required actions, should greatly reduce 

the chances of a catastrophic fuel tank 

explosion. In that final rule, erroneous 

compliance dates were shown. This 

document changes those compliance 

dates accordingly. It also corrects other 

non-substantive errors that have come to 

our attention. 

DATES: Effective July 2, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have technical questions about this 

action, contact Michael E. Dostert, FAA, 

Propulsion/Mechanical Systems Branch, 

ANM–112, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–2132, facsimile 

(425) 227–1320; e-mail: 

mike.dostert@faa.gov. Direct any legal 

questions to Doug Anderson, ANM–7, 

FAA, Office of Regional Counsel, 1601 

Lind Avenue, SW., Renton, WA 98057– 

3356; telephone (425) 227–2166; 

facsimile (425) 227–1007, e-mail 

Douglas.Anderson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Federal Aviation Administration 

(FAA) published a final rule, request for 

comments entitled ‘‘Reduction of Fuel 

Tank Flammability in Transport 

Category Airplanes’’ in the Federal 

Register on July 21, 2008 (73 FR 42444). 

Recently, it was brought to our 

attention that the effective date shown 

in the document was inconsistent with 

the Congressional Review Act. This act 

specifies that, for major rules like this 

one, the effective date is no sooner than 

60 days after publication or 60 days 

after submission to Congress, whichever 

occurs later. Since this rule was not 

received by the Government Accounting 

Office until October 27, 2008, the 

effective date of the rule per the 

Congressional Review Act is December 

26, 2008, not September 19, 2008. 

Because compliance dates were 

calculated based on a September 19, 

2008 effective date, those dates are 

incorrect. This document makes the 

appropriate amendatory changes 

necessary to reflect the new compliance 

dates. We also found some minor errors 

in §§ 121.1117, 125.509 and 129.117 

and are correcting them in this 

document. 

List of Subjects 

14 CFR Part 26 

Aircraft, Aviation safety, Continued 

airworthiness. 

14 CFR Part 121 

Air carriers, Aircraft, Aviation safety, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

14 CFR Part 125 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

14 CFR Part 129 

Air carriers, Aircraft, Aviation safety, 

Reporting and recordkeeping 

requirements, Security measures. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter 1 of Title 14, Code of 

Federal Regulations (CFR) parts 26, 121, 

125, and 129, as follows: 

PART 26—CONTINUED 

AIRWORTHINESS AND SAFETY 

IMPROVEMENTS FOR TRANSPORT 

CATEGORY AIRPLANES 

■ 1. The authority citation for part 26 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702 and 44704. 

■ 2. Revise § 26.5 to read as follows: 

§ 26.5 Applicability table. 

Table 1 of this section provides an 

overview of the applicability of this 

part. It provides guidance in identifying 

what sections apply to various types of 

entities. The specific applicability of 

each subpart and section is specified in 

the regulatory text. 

TABLE 1—APPLICABILITY OF PART 26 RULES

Applicable sections 

Subpart B Subpart D Subpart E 

EAPAS/FTS Fuel tank flammability 

Damage tolerance 

data 

Effective date of rule December 10, 2007 December 26, 2008 January 11, 2008 

Existing 1 TC Holders ............................................................................... 26.11 26.33 26.43, 26.45, 26.49 

Pending 1 TC Applicants .......................................................................... 26.11 26.37 26.43, 26.45 

Existing 1 STC Holders ............................................................................ N/A 26.35 26.47, 26.49 

Pending 1 STC/ATC Applicants ............................................................... 26.11 26.35 26.45, 26.47, 26.49 

Future 2 STC/ATC Applicants .................................................................. 26.11 26.35 26.45, 26.47, 26.49 

Manufacturers .......................................................................................... N/A 26.39 N/A 

1As of the effective date of the identified rule. 

2Application made after the effective date of the identified rule. 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 31619 

§ 26.33 [Amended] 

■ 3. Amend § 26.33 as follows: 

■ A. In paragraph (b)(1), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ B. In paragraph (d) introductory text, 

remove ‘‘September 20, 2010,’’ and add 

‘‘December 27, 2010,’’ in its place. 

■ C. In paragraph (d)(2) remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ D. In paragraph (e), remove 

‘‘September 20, 2010,’’ and add 

‘‘December 27, 2010,’’ in its place. 

■ E. In paragraph (f), remove 

‘‘September 20, 2010,’’ and add 

‘‘December 27, 2010,’’ in its place. 

■ F. In paragraph (g) introductory text, 

remove ‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ G. In paragraph (h) introductory text, 

remove ‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ 4. Amend § 26.35 as follows: 

■ A. In paragraph (a)(1), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ B. In paragraph (a)(2), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place, in 

both places. 

■ C. In paragraph (a)(3) introductory 

text, remove ‘‘September 19, 2008,’’ and 

add ‘‘after December 26, 2008,’’ in its 

place. 

■ D. In paragraph (b) introductory text, 

remove ‘‘Flammability Exposure 

Analysis—’’ and add ‘‘Flammability 

Exposure Analysis.’’ in its place. 

■ E. In paragraph (b)(1)(i), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ F. In paragraph (b)(1)(ii), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ G. In paragraph (b)(2)(i), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ H. In paragraph (c)(1), remove ‘‘March 

21, 2011,’’ and add ‘‘June 26, 2011,’’ in 

its place. 

■ I. In paragraph (c)(2), remove ‘‘March 

21, 2011,’’ and add ‘‘June 26, 2011,’’ in 

its place. 

■ J. In paragraph (d)(2), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ K. In paragraph (e)(1), remove 

‘‘September 19, 2012,’’ and add 

‘‘December 26, 2012,’’ in its place. 

■ L. In paragraph (e)(2), remove 

‘‘September 19, 2012,’’ and add 

‘‘December 26, 2012,’’ in its place. 

■ M. Revise the table in paragraph (f)(4) 

to read as set forth below. 

§ 26.35 Changes to type certificates 

affecting fuel tank flammability. 

* * * * * 

(f) * * * 

(4) * * * 

TABLE 2—COMPLIANCE PLANNING DATES

Flammability exposure analysis plan Impact assessment plan 

Design changes and 

service instructions 

plan 

STC and Field Approval Holders ......... March 26, 2009 ................................... February 26, 2011 ............................... August 26, 2011. 

* * * * * 

§ 26.37 [Amended] 

■ 5. Amend § 26.37 as follows: 

■ A. In paragraph (a) introductory text, 

remove ‘‘September 19, 2008,’’ the first 

place it appears and add ‘‘December 26, 

2008,’’ in its place; and remove 

‘‘September 19, 2008,’’ the second place 

it appears and add ‘‘before December 26, 

2008,’’ in its place. 

■ B. In paragraph (b), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

§ 26.39 [Amended] 

■ 6. Amend § 26.39 as follows: 

■ A. In paragraph (a), remove 

‘‘September 20, 2010,’’ and add 

‘‘December 27, 2010,’’ in its place. 

■ B. In paragraph (b) introductory text, 

remove ‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ C. In paragraph (c), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG 

AND SUPPLEMENTAL OPERATIONS 

■ 7. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 40119, 

41706, 44101, 44701–44702, 44705, 44709– 

44711, 44713, 44716–44717, 44722, 44901, 

44903–44904, 44012, 44105, 46301. 

§ 121.1117 [Amended] 

■ 8. Amend § 121.1117 as follows: 

■ A. In paragraph (b), remove 

‘‘September 20, 2010,’’ and add 

‘‘December 27, 2010,’’ in its place. 

■ B. In paragraph (e)(1), remove 

‘‘September 19, 2014,’’ and add 

‘‘December 26, 2014,’’ in its place. 

■ C. In paragraph (e)(2), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place. 

■ D. In paragraph (e)(3), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place. 

■ E. In paragraph (k)(1), remove 

‘‘December 18, 2008,’’ and add ‘‘March 

26, 2009,’’ in its place. 

■ F. In paragraph (k)(2), remove ‘‘March 

18, 2009,’’ and add ‘‘June 24, 2009,’’ in 

its place. 

■ G. In paragraph (l), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ H. In paragraph (n), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place; and 

remove ‘‘September 19, 2008,’’ and 

adding ‘‘December 26, 2008,’’ in its 

place. 

■ I. In paragraph (o)(3), remove 

‘‘Armstrong Viscount’’ and add ‘‘VC– 

10’’ in its place. 

■ J. Remove paragraph (o)(12) and 

redesignate paragraphs (o)(13) through 

(o)(18) as paragraphs (o)(12) through 

(o)(17), respectively. 

■ K. In the newly redesignated 

paragraph (o)(13), remove the words 

‘‘Handley Page’’ the first time they 

appear. 

PART 125—CERTIFICATION AND 

OPERATIONS; AIRPLANES HAVING A 

SEATING CAPACITY OF 20 OR MORE 

PASSENGERS OR A MAXIMUM 

PAYLOAD CAPACITY OF 6,000 

POUNDS OR MORE; AND RULES 

GOVERNING PERSONS ON BOARD 

SUCH AIRCRAFT 

■ 9. The authority citation for part 125 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44705, 44710–44711, 44713, 44716– 

44717, 44722. 

■ 10. Amend § 125.509 as follows: 

■ A. In paragraph (b), remove 

‘‘September 20, 2010,’’ and add 

‘‘December 27, 2010,’’ in its place. 

■ B. In paragraph (e)(1), remove 

‘‘September 19, 2014,’’ and add 

‘‘December 26, 2014,’’ in its place. 

■ C. In paragraph (e)(2), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place. 

31620 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 

■ D. In paragraph (e)(3), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place. 

■ E. In paragraph (l), remove 

‘‘September 19, 2017’’ and add 

‘‘December 26, 2017,’’ in its place; and 

remove ‘‘September 19, 2008’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ F. In paragraph (m)(3), remove 

‘‘Armstrong Viscount’’ and add ‘‘VC– 

10’’ in its place. 

■ G. Remove paragraph (m)(12) and 

redesignate paragraphs (m)(13) through 

(m)(18) as paragraphs (m)(12) through 

(m)(17). 

■ H. In newly redesignated paragraph 

(m)(13), remove the words ‘‘Handley 

Page’’ the first time they appear. 

■ I. Add Table 2 immediately after 

paragraph (k) to read as set forth below. 

The addition reads as follows: 

§ 125.509 Flammability reduction means. 

* * * * * 

(k) * * * 

TABLE 2 

Model—Boeing Model—Airbus 

747 Series ......... A318, A319, A320, A321 

Series. 

737 Series ......... A300, A310 Series. 

777 Series ......... A330, A340 Series. 

767 Series.

757 Series.

* * * * * 

PART 129—OPERATION: FOREIGN 

AIR CARRIERS AND FOREIGN 

OPERATORS OF U.S.-REGISTERED 

AIRRAFT ENGAGED IN COMMON 

CARRIAGE 

■ 11. The authority citation for part 129 

continues to read as follows: 

Authority: 49 U.S.C. 1372, 40113, 40119, 

44101, 44710–44702, 447–5, 44709–44711, 

44713, 44716–44717, 44722, 44901–44904, 

44906, 44912, 44105, Pub. L. 107–71 sec. 

104. 

§ 129.117 [Amended] 

■ 12. Amend § 129.117 as follows: 

■ A. In paragraph (b), remove 

‘‘September 20, 2010,’’ and add 

‘‘December 27, 2010,’’ in its place. 

■ B. In paragraph (d) introductory text, 

remove the words ‘‘After the dates 

specified in paragraphs (j), (k), and (l) of 

this section,’’ and capitalize the first 

letter of the word ‘‘after’’. 

■ C. In paragraph (e)(1), remove 

‘‘September 19, 2014,’’ and add 

‘‘December 26, 2014,’’ in its place. 

■ D. In paragraph (e)(2), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place. 

■ E. In paragraph (e)(3), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place. 

■ F. In paragraph (k)(1), remove 

‘‘December 18, 2008,’’ and add ‘‘March 

26, 2009,’’ in its place. 

■ G. In paragraph (k)(2), remove ‘‘March 

18, 2009,’’ and add ‘‘June 24, 2009,’’ in 

its place. 

■ H. In paragraph (l), remove 

‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ I. In paragraph (m), Table 3, remove 

the phrase ‘‘707/720 Series’’. 

■ J. In paragraph (n), remove 

‘‘September 19, 2017,’’ and add 

‘‘December 26, 2017,’’ in its place; and 

remove ‘‘September 19, 2008,’’ and add 

‘‘December 26, 2008,’’ in its place. 

■ K. In paragraph (o)(3), remove 

‘‘Armstrong Viscount’’ and add ‘‘VC– 

10’’ in its place. 

■ L. Remove paragraph (o)(12) and 

redesignate paragraphs (o)(13) through 

(o)(18) as paragraphs (o)(12) through 

(o)(17). 

■ M. In newly redesignated paragraph 

(o)(13), remove the words ‘‘Handley 

Page’’ the first time they appear. 

Issued in Washington, DC, on June 22, 

2009. 

Rebecca MacPherson, 

Assistant Chief Counsel for Regulation, Office 

of the Chief Counsel. 

[FR Doc. E9–15311 Filed 7–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 0906151047–91048–01] 

RIN 0694–AE65 

Authorization Validated End-User 

(VEU): List of Approved End-Users and 

Respective Eligible Items for India 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to include the initial list of endusers for India approved to receive 

exports, reexports and transfers of 

certain items under Authorization 

Validated End-User (VEU). Specifically, 

this rule amends the EAR to authorize 

one VEU in India and identify the 

respective eligible items for export and 

reexport to that VEU’s facilities. 

DATES: This rule is effective July 2, 

2009. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE65, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov 

Include ‘‘RIN 0694–AE65’’ in the subject 

line of the message. 

Fax: (202) 482–3355. Please alert the 

Regulatory Policy Division, by calling 

(202) 482–2440, if you are faxing 

comments. 

Mail or Hand Delivery/Courier: Sheila 

Quarterman, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230, Attn: RIN 0694–AE65. 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285. Comments on 

this collection of information should be 

submitted separately from comments on 

the final rule (i.e., RIN 0694–AE65)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chairman, End-User 

Review Committee, Bureau of Industry 

and Security, U.S. Department of 

Commerce, 14th Street & Pennsylvania 

Avenue, NW., Washington, DC 20230; 

by telephone (202) 482–3811, or by email to kniesv@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Authorization Validated End-User 

(VEU): Initial List of Approved EndUsers, Eligible Items and Destinations 

for India 

Consistent with U.S. Government 

policy to facilitate trade for civilian endusers, BIS amended the EAR in a final 

rule on June 19, 2007 (72 FR 33646) by 

creating a new authorization for 

‘‘validated end-users’’ (VEUs) located in 

eligible destinations to which eligible 

items (commodities, software and 

technology, except those controlled for 

missile technology or crime control 

reasons) may be exported, reexported or 

transferred under a general 

authorization instead of a license in 

conformance with Section 748.15 of the 

EAR. In a final rule published in the 

Federal Register on October 1, 2007 (72 

FR 56010, October 1, 2007), BIS 

identified India as an eligible 

destination under Authorization VEU.