Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 33375 

recommended allowing the roaster class 

to include broilers, as long as the 

product meets weight requirements for 

roasters. One commenter opposed 

including RTC carcass weights in the 

definitions and standards. This 

commenter stated that including RTC 

carcass weights will lead to further 

abuse of chickens. 

On the basis of AMS data, FSIS has 

tentatively concluded that a ‘‘roaster’’ or 

‘‘roasting chicken’’ should be defined as 

a chicken from 8–12 weeks of age. Most 

of the comments supported use of this 

age range for roasters. By including the 

RTC carcass weight for this class of 

poultry, the standard and definition 

should effectively differentiate 

‘‘roasters’’ and ‘‘broilers’’. 

FSIS has tentatively concluded that a 

‘‘roaster’’ or ‘‘roasting chicken’’ should 

be defined as a chicken with an RTC 

carcass weight of 5 pounds or more, 

based on recent survey information from 

AMS. In addition, FSIS has tentatively 

concluded that RTC carcass weight, 

instead of average live weight, is 

necessary in the class standard and 

definition so that FSIS can verify the 

appropriate use of the term ‘‘roaster’’ or 

‘‘roasting chicken’’ on product labels. 

Executive Orders 12866 and 12988, 

Regulatory Flexibility Act, and 

Paperwork Requirements 

This proposed rule has been 

determined to be not significant and 

was reviewed by the Office of 

Management and Budget under 

Executive Order 12866. 

The changes FSIS is proposing to the 

definition of ‘‘roaster’’ or ‘‘roasting 

chicken’’ do not affect the Executive 

Order 12866 analysis (68 FR 55903) or 

the Regulatory Flexibility Analysis (68 

FR 55904). Similarly, the changes do not 

affect paperwork requirements (68 FR 

55904) or review of the rule under 

Executive Order 12988. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that minorities, women, and 

persons with disabilities are aware of 

this proposed rule, FSIS will announce 

it online through the FSIS Web page 

located at http://www.fsis.usda.gov/ 

regulations_policies/ 

regulations_directives_notices/ 

index.asp. 

FSIS will also make copies of this 

Federal Register publication available 

through the FSIS Constituent Update, 

which is used to provide information 

regarding FSIS policies, procedures, 

regulations, Federal Register notices, 

FSIS public meetings, and other types of 

information that could affect or would 

be of interest to constituents and 

stakeholders. The Update is 

communicated via Listserv, a free 

electronic mail subscription service for 

industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. 

Through the Listserv and Web page, 

FSIS is able to provide information to a 

much broader and more diverse 

audience. In addition, FSIS offers an 

electronic mail subscription service 

which provides automatic and 

customized access to selected food 

safety news and information. This 

service is available at http:// 

www.fsis.usda.gov/news_and_events/ 

email_subscription/. 

Options range from recalls to export 

information to regulations, directives 

and notices. Customers can add or 

delete subscriptions themselves, and 

have the option to password protect 

their accounts. 

List of Subjects in 9 CFR Part 381 

Food grades and standards, Poultry 

and poultry products. 

For the reasons set forth in the 

preamble, FSIS proposed to further 

amend 9 CFR Part 381, as previously 

proposed to be amended on September 

29, 2003 (68 FR 55902): 

PART 381—POULTRY PRODUCTS 

INSPECTION REGULATIONS 

1. The authority citation for part 381 

continues to read as follows: 

Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21 

U.S.C. 451–470; 7 CFR 2.18, 2.53. 

§ 381.170 Standards for kinds and classes, 

and for cuts of raw poultry. 

2. Section 381.170 would be amended 

by revising paragraph (a)(1)(iii) to read 

as follows: 

§ 381.170 Standards for kinds and classes, 

and for cuts of raw poultry. 

(a) * * * 

(1) * * * 

(iii) Roaster or roasting chicken. A 

‘‘roaster’’ or ‘‘roasting chicken’’ is a 

young chicken from 8 to 12 weeks of 

age, of either sex, with a ready-to-cook 

carcass weight of 5 pounds or more, that 

is tender-meated with soft, pliable, 

smooth-textured skin and breastbone 

cartilage that is somewhat less flexible 

than that of a broiler or fryer. 

* * * * * 

Done at Washington, DC, on July 7, 2009. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. E9–16402 Filed 7–10–09; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM408; Notice No. 25–09–04– 

SC] 

Special Conditions: Alenia Model 

C–27J Airplane; Liquid Oxygen System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Alenia Model C–27J 

airplane. This airplane will have novel 

or unusual design features when 

compared to the state of technology 

described in the airworthiness standards 

for transport-category airplanes. These 

design features include a liquid-oxygen 

(LOX) system. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for oxygen systems that use liquid 

oxygen. These proposed special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: We must receive your comments 

by August 12, 2009. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM408, 1601 Lind 

Avenue, SW., Renton, Washington, 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM408. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Holly Thorson, FAA, International 

Branch, ANM–116, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–1357, facsimile 

(425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

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33376 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You can inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a self-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it back to you. 

Background 

On March 27, 2006, the European 

Aviation Safety Agency (EASA) 

forwarded to the FAA an application 

from Alenia Aeronautica of Torino, 

Italy, for U.S. type certification of a 

twin-engine commercial transport 

designated as the Model C–27J. The 

C–27J is a twin-turbopropeller, cargotransport aircraft with a maximum 

takeoff weight of 30,500 kilograms. 

Type Certification Basis 

Under the provisions of § 21.17 of 

Title 14 Code of Federal Regulation (14 

CFR) and the bilateral agreement 

between the U.S. and Italy, Alenia 

Aeronautica must show that the C–27J 

meets the applicable provisions of 14 

CFR part 25, as amended by 

Amendments 25–1 through 25–87. 

Alenia also elects to comply with 

Amendment 25–122, effective 

September 5, 2007, for 14 CFR 25.1317. 

If the Administrator finds that 

existing airworthiness regulations do 

not adequately or appropriately address 

safety standards for the C–27J due to a 

novel or unusual design feature, we 

prescribe special conditions under 

provisions of 14 CFR 21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the C–27J must comply with 

the fuel-vent and exhaust-emission 

requirements of 14 CFR part 34 and the 

noise-certification requirements of 14 

CFR part 36, and the FAA must issue a 

finding of regulatory adequacy pursuant 

to section 611 of Public Law 92–574, the 

‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, 

under §§ 11.19 and 11.38, and they 

become part of the type-certification 

basis under § 21.17(a)(2). 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design feature, the special 

conditions also apply to the other model 

under § 21.101. 

Novel or Unusual Design Features 

The Alenia Model C–27J incorporates 

a liquid-oxygen system, including a 

liquid-oxygen converter, valves, 

evaporating coils, lines, regulators, 

indicators, fittings, etc. The existing 

airworthiness regulations do not 

adequately or appropriately address 

safety standards for the design and 

installation of oxygen systems that 

utilize liquid oxygen. These proposed 

special conditions for the C–27J contain 

the additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards for these novel 

or unusual design features. 

Discussion 

There are no specific regulations that 

address the design and installation of 

oxygen systems that utilize liquid 

oxygen for storage. Existing 

requirements, such as §§ 25.1309, 

25.1441(b) and (c), 25.1451, and 

25.1453, in the Alenia C–27J 

certification basis, provide some design 

standards for crew and medical-oxygensystem installations. However, 

additional design standards for oxygen 

systems utilizing liquid oxygen are 

needed to supplement the existing 

applicable requirements. The quantity 

of liquid oxygen involved in this 

installation and the potential for unsafe 

conditions that may result when the 

oxygen content of an enclosed area 

becomes too high because of system 

leaks, malfunction, or damage from 

external sources, make it necessary to 

assure adequate safety standards are 

applied to the design and installation of 

the system in Alenia C–27J airplanes. 

These proposed special conditions 

require Alenia to preclude or minimize 

the risk of these potential unsafe 

conditions. These proposed special 

conditions are also intended to assure 

the safe operation of the liquid-oxygen 

system, and therefore require that: 

• Adequate gaseous oxygen is 

available at temperatures appropriate for 

breathing; 

• The liquid-oxygen converter and 

gaseous-oxygen-distribution lines are 

installed in locations that minimize 

their potential for damage; 

• The quantity of available oxygen is 

clearly indicated to the flight crew; 

• The system is designed to prevent 

leakage of oxygen into the cabin; 

• Condensation from the system is 

collected and drained overboard; 

• The system must be protected from 

possible ignition sources and structural 

damage; and 

• Appropriate maintenance and 

operational instructions are provided to 

ensure the system’s safe operation. 

Taken together, these requirements 

would ensure that this liquid-oxygen 

system provides an equivalent level of 

safety to traditional oxygen systems. 

Applicability 

As discussed above, these proposed 

special conditions are applicable to the 

Alenia C–27J. Should Alenia apply at a 

later date for a change to the type 

certificate to include another airplane 

model incorporating the same novel or 

unusual design features, these proposed 

special conditions apply to that model 

as well under § 21.101. 

Conclusion 

This action affects only certain novel 

or unusual design features of the Alenia 

C–27J. It is not a rule of general 

applicability, and it affects only the 

applicant that applied to the FAA for 

approval of these features on the 

airplane. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

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

44702, 44704. 

The Proposed Special Conditions 

Accordingly, the Administrator of the 

Federal Aviation Administration (FAA) 

proposes the following special 

conditions as part of the typecertification basis for the C–27J. 

General 

1. The liquid-oxygen system must be 

located to minimize the possibility of 

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Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 33377 

exposure of occupants to liquid oxygen 

from a leak or condensation. 

2. The liquid-oxygen converter must 

be located in the airplane so that there 

is no risk of damage to the converter due 

to an uncontained rotor or propellerblade failure. 

3. The liquid-oxygen system’s 

associated gaseous-oxygen-distribution 

lines should be designed and located to 

minimize the hazard from uncontained 

rotor or propeller-blade debris. 

4. The flight-deck oxygen system must 

meet the supply requirements of Part 

121 in the event the oxygen-distribution 

line is severed by a rotor or propellerblade fragment. 

5. The pressure-relief valves on the 

liquid-oxygen converters must be 

vented overboard. The ventilation 

means must be configured such that 

liquid and gaseous oxygen will be 

exhausted so that oxygen will not 

accumulate inside the airplane. Means 

must be provided to prevent 

hydrocarbon-fluid migration from 

impinging upon the vent outlet of the 

liquid-oxygen system. 

6. The system must include 

provisions to ensure complete 

conversion of the liquid oxygen to 

gaseous oxygen. The resultant oxygen 

gas must be delivered to the first oxygen 

outlet for breathing such that the 

temperature is no more than 35 °F less 

than the cabin ambient temperature or 

32 °F (whichever is greater), under the 

conditions of the maximum demand or 

flow of oxygen gas for normal use of the 

oxygen system. A liquid-oxygen shutoff 

valve must be installed on the main 

oxygen-distribution line prior to any 

secondary lines. The shutoff valve must 

be both compatible with liquid-oxygen 

temperatures and readily accessible 

(either directly if manual, or by remote 

activation if automatic). 

7. If multiple converters are used, the 

design should ensure that a leak in one 

converter does not result in leakage of 

oxygen from any other converter. 

8. Approved flexible hoses must be 

used for the airplane-systems 

connections to shock-mounted 

converters, where movement relative to 

the airplane may occur. 

9. Condensation from system 

components or lines must be collected 

by drip pans, shields, or other suitable 

collection means, and drained 

overboard through a drain fitting 

separate from the liquid-oxygen vent 

fitting, as specified in special condition 

5, above. 

10. Oxygen-system components must 

be burst-pressure tested to 3.0 times, 

and proof-pressure tested to 1.5 times, 

the maximum normal operating 

pressure. Compliance with the 

requirement for burst testing may be 

shown by similarity analysis, or a 

combination of similarity analysis and 

test. 

11. Oxygen-system components must 

be electrically bonded to the airplane 

structure. 

12. All gaseous or liquid-oxygen 

connections located in close proximity 

to an ignition source must be shrouded 

and vented overboard using the system 

specified in special condition 5, above. 

13. A means must be provided to 

indicate to the flight crew the quantity 

of available oxygen. 

14. Instructions for Continued 

Airworthiness (ICA) per § 25.1529 must 

be provided for the safe operation and 

maintenance of the liquid-oxygen 

system. 

15. Emergency procedures must be 

developed for the aircraft crew to 

address aircraft-safety-related 

malfunctions of the liquid-oxygen 

system. 

16. The liquid-oxygen-system 

equipment, including the tank, must be 

retained under all loads up to those 

specified in § 25.561(b)(3). The tank 

must be able to resist rupture and to 

retain the liquid oxygen, under the 

inertia forces prescribed for the 

emergency-landing conditions in 

§ 25.561. In addition, the tank must be 

able to withstand, without failure, the 

vibration, inertia, fluid, and structural 

loads that it may be subjected to in 

operation. The liquid-oxygen 

components, including the tank, must 

be protected from scraping or impact 

from baggage, cargo, or other contents. 

Issued in Renton, Washington, on July 7, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–16504 Filed 7–10–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0607; Directorate 

Identifier 2009–NM–024–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–100B SUD, 747–200B, 747– 

300, 747–400, and 747–400D Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to all Boeing 

Model 747–100B SUD, 747–300, 747– 

400, and 747–400D series airplanes; and 

Model 747–200B series airplanes having 

a stretched upper deck. The existing AD 

currently requires repetitively 

inspecting for cracking or discrepancies 

of the fasteners in the tension ties, shear 

webs, and frames at body stations 1120 

through 1220; and related investigative 

and corrective actions if necessary. This 

proposed AD would also require 

modifying the frame-to-tension-tie joints 

at body stations 1120 through 1220 

(including related investigative actions 

and corrective actions if necessary), 

which would provide a terminating 

action for the repetitive inspections. 

This proposed AD would also require 

new repetitive inspections after the 

modification, corrective actions if 

necessary, and additional modification 

requirements at a specified time after 

the first modification. This proposed AD 

would also remove certain airplanes 

from the applicability. This proposed 

AD results from reports of cracked and 

severed tension ties, broken fasteners, 

and cracks in the frame, shear web, and 

shear ties adjacent to tension ties for the 

upper deck. We are proposing this AD 

to detect and correct cracking of the 

tension ties, shear webs, and frames of 

the upper deck, which could result in 

rapid decompression and reduced 

structural integrity of the airplane. 

DATES: We must receive comments on 

this proposed AD by August 27, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

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