Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules 36131 

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: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2009– 

0614; Directorate Identifier 2009–NM– 

045–AD. 

Comments Due Date 

(a) We must receive comments by August 

21, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

certificated in any category, identified in 

paragraphs (c)(1) and (c)(2) of the AD. 

(1) EMBRAER Model ERJ 170–100 LR, 

–100 STD, –100 SE, –100 SU, –200 LR, –200 

STD, and –200 SU airplanes, equipped with 

outboard slat skew sensor part number (P/N) 

1702286A or 1702288A. 

(2) EMBRAER Model ERJ 190–100 ECJ, 

–100 LR, –100 IGW, –100 STD, –200 STD, 

–200 LR, and –200 IGW airplanes, equipped 

with outboard slat skew sensor P/N 

1702286A or 1702288A. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the occurrence of 

outboard slat skew sensor failure in open or 

closed position. The combination of an 

outboard slat skew sensor failed closed, an 

outboard slat actuator structural failure 

(rupture) and its adjacent actuator torque 

limiter failing high (allows higher loads to 

the panel structure) occurring in the same 

slat surface, under normal flight loads, may 

lead [the] slat surface to detach from the wing 

with the possibility of hitting and damaging 

the horizontal stabilizer and elevator, which 

may affect the airplane controllability. 

* * * * * 

Corrective actions include repetitive 

operational tests of the outboard slat skew 

sensor, and replacement with a serviceable 

outboard slat skew sensor if necessary. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) At the applicable compliance time in 

paragraph (f)(1)(i) or (f)(1)(ii) of this AD: 

Perform an operational test (OPT) of any 

outboard slat skew sensor having P/N 

1702286A or P/N 1702288A. If any outboard 

slat skew sensor fails the test, replace the 

sensor with a serviceable sensor before 

further flight. Do the actions using a method 

approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC) (or its 

delegated agent). 

(i) For Model ERJ 170 airplanes: Within 

1,320 flight hours after the effective date of 

this AD. 

(ii) For Model ERJ 190 airplanes: Within 

1,320 flight hours or 12 months after the 

effective date of this AD, whichever occurs 

first. 

Note 1: Guidance about performing the 

OPT required by paragraph (f)(1) of this AD 

can be found in Task 27–83–01–710–801–A, 

‘‘Outboard Slat Skew Sensor—Operational 

Test,’’ dated October 28, 2008, of the Embraer 

170/175 or 190 Aircraft Maintenance Manual 

(AMM). 

Note 2: For the purpose of this AD, an OPT 

is ‘‘A task to determine if an item is fulfilling 

its intended purpose. Since it is a failurefinding task, it does not require quantitative 

tolerances.’’ 

Note 3: For the purpose of this AD, a 

serviceable sensor is one that has passed the 

OPT required by paragraph (f)(1) of this AD. 

(2) Repeat the OPT required by paragraph 

(f)(1) of this AD thereafter at intervals not to 

exceed 1,320 flight hours. 

FAA AD Differences 

Note 4: 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, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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: Kenny Kaulia, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2848; fax (425) 227–1149. 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 Brazilian Airworthiness 

Directives 2009–02–02 and 2009–02–03, both 

dated February 16, 2009, for related 

information. 

Issued in Renton, Washington, on July 2, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–17347 Filed 7–21–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

RIN 1018–AU92 

Subsistence Management Regulations 

for Public Lands in Alaska; Kenai 

Peninsula Subsistence Resource 

Region 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: We, the Federal Subsistence 

Board, are withdrawing the proposed 

rule to amend the regulations governing 

subsistence use of fish and wildlife in 

Alaska by creating an additional 

subsistence resource region for the 

Kenai Peninsula. We received 

significant adverse comments on our 

proposal, and we have decided not to 

pursue this action. 

DATES: The proposed rule published at 

71 FR 46427, August 14, 2006 and 

extended at 71 FR 56421, September 27, 

2006 is withdrawn effective July 22, 

2009. 

FOR FURTHER INFORMATION CONTACT: For 

Forest Service questions, contact Calvin 

H. Casipit, Acting Regional Subsistence 

Program Leader, USDA–FS Alaska 

Region, at (907) 586–7918. For Fish and 

Wildlife Service questions, contact Peter 

J. Probasco at (907) 786–3888. 

SUPPLEMENTARY INFORMATION: 

Background 

Under Title VIII of the Alaska 

National Interest Lands Conservation 

Act (ANILCA) (16 U.S.C. 3111–3126), 

the Secretary of the Interior and the 

Secretary of Agriculture (Secretaries) 

jointly implement the Federal 

Subsistence Management Program. This 


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36132 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules 

1 Docket No. RM2007–1, Order Establishing 

Ratemaking Regulations for Market Dominant and 

Competitive Products, October 29, 2007 (Order No. 

43). 

program grants a preference for 

subsistence uses of fish and wildlife 

resources on Federal public lands and 

waters in Alaska. The Secretaries first 

published regulations to carry out this 

program in the Federal Register on May 

29, 1992 (57 FR 22940). The Program 

has subsequently amended these 

regulations several times. Because this 

program is a joint effort between Interior 

and Agriculture, these regulations are 

located in two titles of the Code of 

Federal Regulations (CFR): Title 36, 

‘‘Parks, Forests, and Public Property,’’ 

and Title 50, ‘‘Wildlife and Fisheries,’’ 

at 36 CFR 242.1–28 and 50 CFR 100.1– 

28, respectively. The regulations contain 

subparts as follows: Subpart A, General 

Provisions; Subpart B, Program 

Structure; Subpart C, Board 

Determinations; and Subpart D, 

Subsistence Taking of Fish and Wildlife. 

Federal Subsistence Board 

Consistent with subpart B of these 

regulations, the Departments established 

a Federal Subsistence Board to 

administer the Federal Subsistence 

Management Program. The Board is 

made up of: 

• Chair appointed by the Secretary of 

the Interior with concurrence of the 

Secretary of Agriculture; 

• Alaska Regional Director, U.S. Fish 

and Wildlife Service; 

• Alaska Regional Director, U.S. 

National Park Service; 

• Alaska State Director, U.S. Bureau 

of Land Management; 

• Alaska Regional Director, U.S. 

Bureau of Indian Affairs; and 

• Alaska Regional Forester, U.S. 

Forest Service. 

Through the Board, these agencies 

participate in the development of 

regulations for subparts A, B, and C, 

which set forth the basic program, and 

they continue to work together on 

regularly revising the subpart D 

regulations, which, among other things, 

set forth specific harvest seasons and 

limits. 

Federal Subsistence Regional Advisory 

Councils 

In administering the program, the 

Secretaries divided Alaska into 10 

subsistence resource regions, each of 

which is represented by a Regional 

Council. The Regional Councils provide 

a forum for rural residents with personal 

knowledge of local conditions and 

resource requirements to have a 

meaningful role in the subsistence 

management of fish and wildlife on 

Federal public lands in Alaska. The 

Regional Council members represent 

varied geographical, cultural, and user 

diversity within each region. 

Kenai Peninsula 

The Kenai Peninsula in Alaska has 

unique fish and wildlife management 

challenges resulting from intense use of 

the Peninsula’s fish and wildlife by 

local and nonlocal residents and by 

nonresidents and from the Board’s 

actions to provide a meaningful 

subsistence priority for fisheries in 

Federally managed fresh waters on the 

Kenai Peninsula. Kenai Peninsula lands 

primarily under Federal management 

include the Chugach National Forest 

and the Kenai National Wildlife Refuge. 

The Departments published a proposed 

rule in the Federal Register on August 

14, 2006 (71 FR 46427), to create a 

separate subsistence resource region for 

the Kenai Peninsula and requested 

public comments until September 18, 

2006. On September 27, 2006, we 

published a document to extend the 

comment period on this proposed rule 

until November 9, 2006 (71 FR 56421). 

Withdrawal of Proposed Rule 

During a Southcentral Federal 

Subsistence Regional Advisory Council 

meeting held in Anchorage, Alaska on 

August 24, 2006, we heard significant 

adverse testimony regarding the creation 

of a new Kenai Peninsula Subsistence 

Resource Region. Additionally, the 

Southcentral Regional Council 

unanimously recommended against the 

formation of such a region. Letters from 

the public also strongly opposed the 

formation of such a region. Therefore, 

we are withdrawing the proposed rule. 

For the reasons stated above, the 

Federal Subsistence Board withdraws 

the proposed rule of August 14, 2006 

(71 FR 46427). 

Dated: June 18, 2009. 

Peter J. Probasco, 

Acting Chair, Federal Subsistence Board. 

Dated: June 18, 2009. 

Calvin H. Casipit, 

Acting Subsistence Program Leader, USDA— 

Forest Service. 

[FR Doc. E9–17283 Filed 7–21–09; 8:45 am] 

BILLING CODE 3410–11–P, 4310–55–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3010 

[Docket No. RM2009–8; Order No. 246] 

Postal Rates 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Commission is proposing 

to revise a rounding convention used in 

the statutory price cap calculation for 

purposes of establishing rates for certain 

postal products. This document invites 

public comment on the proposal. 

DATES: Initial comments due August 21, 

2009; reply comments due September 8, 

2009. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

electronic Filing Online system at 

http://www.prc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

at 202–789–6824 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

72 FR 63662 (November 9, 2007). 

74 FR 27843 (June 11, 2009). 

I. Introduction 

II. Background and Proposed Amendments 

III. Public Representative 

IV. Ordering Paragraphs 

I. Introduction 

This rulemaking is an outgrowth of 

issues raised in Docket No. R2009–4, the 

most recent price adjustment filed by 

the Postal Service and approved by the 

Commission. The Postal Accountability 

and Enhancement Act (PAEA), Public 

Law No. 109–435, 120 Stat. 3198 (2006), 

affords the Postal Service significant 

flexibility in setting prices, provided it 

complies with certain objectives and 

factors and does not raise rates in excess 

of an inflation-based cap. 

In Order No. 43, the Commission 

established ratemaking regulations for 

market dominant and competitive 

products.1 In that order, the 

Commission created a formula to derive 

a ratemaking authority limitation for the 

Postal Service based upon the Consumer 

Price Index for All Urban Consumers 

(CPI–U) as reported by the Bureau of 

Labor Statistics (BLS). Id. at 47–48, 121– 

122. The limitation is calculated as the 

ratio of the most recent 12 month 

average of the CPI–U to the preceding 12 

month average of the CPI–U and 

subtracting 1. Id. As noted in Order No. 

43, the BLS began reporting the CPI–U 

index to three decimal places (when 

previously it was reported to one 

decimal place). Id. at 48. 

II. Background and Proposed 

Amendments 

The Commission elected to round the 

result and express the percentage 

change in the CPI–U using one decimal 

place. Id. This result was driven by 

practical considerations. Precision 

requires both the recent average and the 


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