Rules and Regulations. Final rule

39,693 words·~180 min read·/register/2007/02/27/07-872·

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BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25890; Directorate Identifier 2006-NM-115-AD; Amendment 39-14943; AD 2007-04-11] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300 B2 and B4 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to all Airbus Model A300 B2, B4-100, and B4-200 series airplanes.

That AD currently requires supplemental structural inspections to detect fatigue cracking, and repair of cracked structure. This new AD requires revising the maintenance program by incorporating new and revised supplemental structural inspections, inspection intervals, and repairs; and repair of any damaged, cracked, or corroded structure; which would end the existing supplement structural inspections. This AD results from a review of service history and reports received from the current supplemental structural inspection document program.

We are issuing this AD to prevent reduced structural integrity of these airplanes due to fatigue cracking. DATES: This AD becomes effective April 3, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 3, 2007. On August 9, 1996 (61 FR 35122, July 5, 1996), the Director of the Federal Register approved the incorporation by reference of Airbus Industrie Supplemental Structural Inspection Document, dated September 1989; and Airbus Industrie A300 Supplemental Structural Inspection Document, Revision 2, dated June 1994.

ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1622; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 96-13-11, amendment 39-9679 (61 FR 35122, July 5, 1996). The existing AD applies to all Airbus Model A300 B2, B4-100, and B4-200 series airplanes. That NPRM was published in the **Federal Register** on September 26, 2006 (71 FR 56058). That NPRM proposed to continue to require supplemental structural inspections to detect fatigue cracking, and repair of cracked structure. That NPRM also proposed to require revising the maintenance program by incorporating new and revised supplemental structural inspections, inspection intervals, and repairs; and repair of any damaged, cracked, or corroded structure; which would end the existing supplement structural inspections. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comment received. Request for Change to the Applicability Airbus, the manufacturer, requests that we exclude the A300-600 series airplanes from the AD applicability. The commenter refers us to page 1-A of Airbus A300 Airworthiness Limitation Items Document SEM2/95A.1090/05, Issue 3, dated September 2005, as revised by Airbus Temporary Revision 3.1, dated April 2006, which does not include A300-600 series airplanes. We agree with the commenter's request. We do not want any reader of this AD to infer that A300-600 series airplanes are included, and have changed the applicability to exclude those airplanes in paragraph

(c)of this AD. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Implementation of supplemental structural inspection program (required by AD 96-13-11) 597 $80 None $47,760 29 $1,385,040 Revision of the FAA-approved maintenance program (new action) 10 80 None 800 29 23,200 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, 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 have 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 that this AD:*

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under 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. See the ADDRESSES section for a location to examine the regulatory evaluation. 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 Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-9679 (61 FR 35122, July 5, 1996) and by adding the following new airworthiness directive (AD): **2007-04-11 Airbus:** Amendment 39-14943. Docket No. FAA-2006-25890; Directorate Identifier 2006-NM-115-AD. Effective Date

(a)This AD becomes effective April 3, 2007. Affected ADs

(b)This AD supersedes AD 96-13-11. Applicability

(c)This AD applies to all Airbus Model A300 B2 and B4 series airplanes, certificated in any category, excluding A300-600 series airplanes. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph

(x)of this AD. The request should include a description of changes to the required inspections that will ensure the continued damage tolerance of the affected structure. The FAA has provided guidance for this determination in Advisory Circular

(AC)25-1529. Unsafe Condition

(d)This AD results from a review of service history and reports received from the current supplemental structural inspection document program. We are issuing this AD to prevent reduced structural integrity of these airplanes due to fatigue cracking. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Requirements of AD 96-13-11

(f)Within one year after March 9, 1993 (the effective date of AD 93-01-24, amendment 39-8478), incorporate a revision into the FAA-approved maintenance inspection program that provides for supplemental maintenance inspections, modifications, repair, or replacement of the significant structural details

(SSD)and significant structural items

(SSI)specified in “Airbus Industrie A300 Supplemental Structural Inspection Document” (SSID), dated September 1989 (hereafter referred to as “the SSID”).

(g)Within one year after August 9, 1996 (the effective date of AD 96-13-11), replace the revision of the FAA-approved maintenance program required by paragraph

(f)of this AD with the inspections, inspection intervals, repairs, and replacements defined in “Airbus Industrie A300 Supplemental Structural Inspection Document” (SSID), Revision 2, dated June 1994 (hereafter referred to as “Revision 2 of the SSID”). Accomplish the actions specified in the service bulletins identified in Section 6, “SB Reference List,” Revision 2 of the SSID, at the times specified in those service bulletins. The actions are to be accomplished in accordance with those service bulletins.

(1)For airplanes that have exceeded the threshold specified in any of the service bulletins identified in Section 6, “SB Reference List,” Revision 2 of the SSID: Accomplish the actions specified in those service bulletins within the grace period specified in that service bulletin. The grace period is to be measured from August 9, 1996.

(2)For airplanes that have exceeded the threshold specified in any of the service bulletins identified in Section 6, “SB Reference List,” Revision 2 of the SSID, and a grace period is not specified in that service bulletin: Accomplish the actions specified in that service bulletin within 1,500 flight cycles after August 9, 1996.

(h)If any cracked structure is detected during the inspections required by either paragraph

(f)or

(g)of this AD, prior to further flight, permanently repair the cracked structure in accordance with either paragraph (h)(1), (h)(2), or (h)(3) of this AD. Note 2: A permanent repair is defined as a repair that meets the certification basis of the airplane, and does not require additional modification at a later date.

(1)The service bulletins listed in Section 6, “SB Reference List,” of the SSID (for airplanes that are currently being inspected in accordance with paragraph

(f)of this AD); or in accordance with a method approved by the Manager, International Branch, ANM-116 (formerly the Standardization Branch, ANM-113), FAA, Transport Airplane Directorate, if a permanent repair is not specified in any of these service bulletins. Or

(2)The service bulletins listed in Section 6, “SB Reference List,” of Revision 2 of the SSID (for airplanes that are currently being inspected in accordance with paragraph

(g)of this AD); or in accordance with a method approved by the Manager, International Branch, ANM-116 (formerly the Standardization Branch, ANM-113), if a permanent repair is not specified in any of these service bulletins. Or,

(3)Other permanent repair data meeting the certification basis of the airplane which is approved by the Manager, International Branch, ANM-116 (formerly the Standardization Branch, ANM-113); or by the Direction Générale de l'Aviation Civile

(DGAC)of France.

(i)For airplanes identified as Fleet Leader Program

(FLP)in Section 5, “Fleet Leader Program,” of the SSID or Revision 2 of the SSID: Inspect according to the instructions and intervals specified in paragraph 4.4, “Adjustment of Inspection Requirements and DSG,” of Section 4, or Section 9, as applicable, of the SSID (for airplanes inspected in accordance with paragraph

(f)of this AD), or Revision 2 of the SSID (for airplanes inspected in accordance with paragraph

(g)of this AD), for each SSD.

(j)For the purpose of accomplishing paragraphs (i), (k), (l), and

(n)of this AD, operators shall not use paragraph 6.2, “Complete RR Method,” of Section 9 of the SSID to calculate inspection thresholds and intervals.

(k)For Model A300-B2 and B2K-3C series airplanes: For any SSD that has exceeded the values of the threshold specified in paragraph 6, “Inspection Threshold and Intervals,” Section 9 of the SSID, inspect at the time specified in either paragraph (k)(1) or (k)(2) of this AD, as applicable.

(1)For airplanes inspected in accordance with paragraph

(f)of this AD: Inspect within 2,000 landings after March 9, 1993, in accordance with the SSID. Or,

(2)For airplanes inspected in accordance with paragraph

(g)of this AD: Inspect within 2,000 landings after August 9, 1996, in accordance with Revision 2 of the SSID.

(l)For Model A300-B4 series airplanes: For any SSD that has exceeded the values of the threshold specified in paragraph 6, “Inspection Threshold and Intervals,” Section 9 of the SSID, inspect at the time specified in either paragraph (l)(1) or (l)(2) of this AD, as applicable.

(1)For airplanes inspected in accordance with paragraph

(f)of this AD: Inspect within 1,500 landings after March 9, 1993 [the effective date of AD 93-01-24, amendment 39-8478]. Or,

(2)For airplanes inspected in accordance with paragraph

(g)of this AD: Inspect within 1,500 landings after August 9, 1996.

(m)For airplanes identified as FLP in Section 5, “Fleet Leader Program,” of the SSID or Revision 2 of the SSID: Within one year after August 9, 1996, apply the basic requirements given in Revision 2 of the SSID.

(n)For airplanes that are subject to the requirements of paragraph

(g)of this AD, and have exceeded the initial inspection threshold specified in paragraph 4.4, “Adjustment of Inspection Requirements and DSG,” of Section 4, or paragraph 6, “Inspection Threshold and Intervals,” of Section 9, for each SSD: Perform the initial inspection prior to the accumulation of the number of flight cycles specified in paragraph 7, “Additional Information,” Section 9, of Revision 2 of the SSID. Note 3: Fatigue ratings are not applicable to these allowances; therefore, no adjustment is required. Note 4: Paragraph

(n)of this AD provides the “grace” periods for those airplanes that are new to the FLP or that have newly added or revised SSID requirements in accordance with paragraph

(g)of this AD.

(o)The grace period provided by paragraph

(n)of this AD is also applicable to the thresholds and/or repeat intervals for each SSD for which the inspection interval or threshold was reduced in accordance with the requirements of paragraph

(g)of this AD.

(p)For FLP airplanes identified in Section 5, “Fleet Leader Program,” of the SSID or Revision 2 of the SSID that are listed in Section 7, “SSI Limitation List,” of the SSID (for airplanes that are currently being inspected in accordance with paragraph

(f)of this AD), or Revision 2 of the SSID (for airplanes that are currently being inspected in accordance with paragraph

(g)of this AD): Inspect at intervals not to exceed the interval specified for each SSI, in accordance with the values given in Section 7, “SSI Limitation List,” of the SSID or Revision 2 of the SSID, as applicable.

(q)For all airplanes: All inspection results, positive or negative, must be reported to Airbus in accordance with either paragraph (q)(1) or (q)(2) of this AD, as applicable. Information collection requirements contained in this regulation have been approved by the Office of Management and Budget

(OMB)under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 *et seq.* ) and have been assigned OMB Control Number 2120-0056.

(1)For FLP airplanes, identified in Section 5, “Fleet Leader Program,” of the SSID or Revision 2 of the SSID: Submit reports in accordance with the instructions in paragraph 5.2, “SSIP Inspection Reporting,” of Section 5, and paragraph 7.1, “General,” of Section 7 of the SSID (for airplanes that are currently being inspected in accordance with paragraph

(f)of this AD); or Revision 2 of the SSID (for airplanes inspected in accordance with paragraph

(g)of this AD).

(2)For all airplanes that are subject to Section 6, “SB Reference List,” of the SSID: Submit reports in accordance with the instructions in the applicable service bulletins identified in Section 6 of the SSID (for airplanes that are currently being inspected in accordance with paragraph

(f)of this AD); or Revision 2 of the SSID (for airplanes that are currently being inspected in accordance with paragraph

(g)of this AD). New Requirements of This AD Revision of the FAA-Approved Maintenance Inspection Program

(r)Within 12 months after the effective date of this AD, replace the revision of the FAA-approved maintenance program required by paragraph

(g)of this AD with the supplemental structural inspections, inspection intervals, and repairs defined in Airbus A300 Airworthiness Limitation Items

(ALI)Document SEM2/95A.1090/05, Issue 3, dated September 2005, as revised by Airbus Temporary Revision

(TR)3.1, dated April 2006 (hereafter referred to as “Issue 3 of the ALI”). Accomplish the actions specified in Issue 3 of the ALI at the times specified in that ALI, except as provided by paragraph

(s)of this AD. The actions must be accomplished in accordance with Issue 3 of the ALI. Accomplishing the applicable initial ALI tasks constitutes terminating action for the requirements of paragraphs

(f)through

(q)of this AD.

(s)For airplanes that have exceeded the threshold or intervals specified in Issue 3 of the ALI for the application tolerance on the first interval for new and revised requirements and have exceeded 50 percent of the intervals specified in sections D and E of Issue 3 of the ALI: Do the actions within 6 months after the effective date of this AD. Corrective Actions

(t)Damaged, cracked, or corroded structure detected during any inspection done in accordance with Issue 3 of the ALI must be repaired, before further flight, in accordance with Issue 3 of the ALI, except as provided by paragraph

(u)of this AD; or other data meeting the certification basis of the airplane which is approved by the Manager, International Branch, ANM-116; or by the European Aviation Safety Agency

(EASA)(or its delegated agent).

(u)Where Issue 3 of the ALI specifies contacting Airbus for appropriate action: Before further flight, repair the damaged, cracked, or corroded structure using a method approved by either the Manager, International Branch, ANM-116; or the EASA (or its delegated agent). No Fleet Sampling

(v)Although Issue 3 of the ALI specifies to do a “Sampling Concept” in section B, this AD prohibits the use of such a sampling program and requires all affected airplanes of the fleet to be inspected. No Reporting

(w)Although Issue 3 of the ALI specifies to submit certain information to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs) (x)(1) The Manager, International Branch, ANM-116, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office.

(3)AMOCs approved previously in accordance with AD 96-13-11 are approved as AMOCs for the corresponding provisions of paragraphs

(f)through

(q)of this AD. Related Information

(y)EASA airworthiness directive 2006-0071, dated March 30, 2006, also addresses the subject of this AD. Material Incorporated by Reference

(z)You must use Airbus A300 Airworthiness Limitation Items Document SEM2/95A.1090/05, Issue 3, dated September 2005, as revised by Airbus A300 Airworthiness Limitation Items Document SEM2/95A.1090/05, Temporary Revision 3.1, including attachment, dated April 2006, and including attachments dated September 2005; Airbus Industrie Supplemental Structural Inspection Document, dated September 1989; and Airbus Industrie A300 Supplemental Structural Inspection Document, Revision 2, dated June 1994; as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. Airbus A300 Airworthiness Limitation Items Document SEM2/95A.1090/05, Issue 3, dated September 2005, contains the following effective pages: Page number Issue number shown on page Date shown on page 1-SOC—10-SOC Section SOC, 3 September 2005. 1-TOC Section TOC, 3 September 2005. 1-A Section A, 3 September 2005. 1-B—6-B Section B, 3 September 2005. 1-C, 2 Section C, 3 September 2005. 1-D, 2-D, 3-101 Section D, 3 September 2005. 1-E, 1-24 Section E, 3 September 2005. 1-F, 2-39 Section F, 3 September 2005. 1-G, 20-G, 30-G, 101-G Section G, 3 September 2005. 2-G—19-G, 21-G—29-G, 31-G—100G, 102-G—328-G 1 January 2004. 1-App—3-App Section App, 3 September 2005. (Airbus A300 Airworthiness Limitation Items Document SEM2/95A.1090/05, Issue 3, dated September 2005, contains two page 1-SOC and two page 190-G. The first page identified as 1-SOC is the Record of Changes and the second page 1-SOC is the first page of the Summary of Changes. The first page identified as page 190-G refers to Airworthiness Limitation Item 546014, and the second page 190-G refers to Airworthiness Limitation Item 556001.) Airbus A300 Airworthiness Limitations Items Document SEM2/95A.1090/05, Temporary Revision 3.1, dated April 2006, contains the following effective pages: Page number Issue number shown on page Date shown on page 1-T.R. 3.1-4-T.R.3.1 Original April 2006. Section D, 3-27 T.R.3.1 April 2006. Section E, 1-4 3 September 2005. Section F, 2-6 3 September 2005.

(1)The Director of the Federal Register approved the incorporation by reference of Airbus A300 Airworthiness Limitation Items Document SEM2/95A.1090/05, Issue 3, dated September 2005; as revised by Airbus A300 Airworthiness Limitation Items Document SEM2/95A.1090/05, Temporary Revision 3.1, including attachment, dated April 2006, and including attachments, dated September 2005; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On August 9, 1996 (61 FR 35122, July 5, 1996), the Director of the Federal Register approved the incorporation by reference of Airbus Industrie Supplemental Structural Inspection Document, dated September 1989; and Airbus Industrie Supplemental Structural Inspection Document, Revision 2, dated June 1994.

(3)Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(202)741-6030, or go to * http://www.archives.gov/federal_register/ code_of_federal_regulations/ibr_locations.html * . Issued in Renton, Washington, on February 6, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-2512 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26044; Directorate Identifier 2006-NM-098-AD; Amendment 39-14960; AD 2007-04-27] RIN 2120-AA64 Airworthiness Directives; Fokker Model F.28 Mark 1000, 2000, 3000, and 4000 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all Fokker Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. This AD requires a one-time inspection of the left- and right-hand main landing gear

(MLG)downlock actuators or a review of the airplane maintenance records to determine the part number of each downlock actuator installed, and replacement of identified MLG downlock actuators with modified MLG downlock actuators. This AD results from a report of a failed downlock actuator, which resulted in the left MLG collapsing during taxi after landing. We are issuing this AD to prevent failure of the downlock actuator, which could prevent the MLG side stay from locking properly, resulting in collapse of the MLG during ground maneuvers or upon landing. DATES: This AD becomes effective April 3, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 3, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1137; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Fokker Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes. That NPRM was published in the **Federal Register** on October 12, 2006 (71 FR 60085). That NPRM proposed to require a one-time inspection of the left- and right-hand main landing gear

(MLG)downlock actuators or a review of the airplane maintenance records to determine the part number of each downlock actuator installed, and replacement of identified MLG downlock actuators with modified MLG downlock actuators. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To State Intent To Incorporate Service Information The Modification and Replacement Parts Association (MARPA) requests that, during the NPRM stage of AD rulemaking, the FAA state its intent to incorporate by reference

(IBR)any relevant service information. MARPA states that without such a statement in the NPRM, it is unclear whether the relevant service information will be incorporated by reference in the final rule. We do not agree with the commenter's request. When we reference certain service information in a proposed AD, the public can assume we intend to IBR that service information, as required by the Office of the Federal Register. No change to this final rule is necessary in regard to the commenter's request. Request To Incorporate Essential Service Information MARPA states that airworthiness directives are frequently derived from service information originating with the type certificate holder or its suppliers. MARPA further states that these manufacturer service documents are privately authored instruments generally enjoying copyright protection against duplication and publication. MARPA asserts that when a service document is incorporated by reference into a public document, such as an AD, it loses its private, protected status and becomes a public document. MARPA also states that if a service document is used as a mandatory element of compliance, it should not simply be mentioned, but should be incorporated into the regulatory document. Therefore, MARPA states that it is concerned that failure to incorporate the necessary service information could result in a court decision invalidating the AD. For these reasons, MARPA requests that the essential service documents be incorporated by reference into the regulatory instrument. We understand MARPA's comment concerning IBR. The Office of the Federal Register

(OFR)requires that documents that are necessary to accomplish the requirements of the AD be incorporated by reference during the final rule phase of rulemaking. This final rule incorporates by reference the document necessary for the accomplishment of the actions required by this AD. Further, we point out that while documents that are incorporated by reference do become public information, they do not lose their copyright protection. For that reason, we advise the public to contact the manufacturer to obtain copies of the referenced service information. Request To Publish Service Information on the Docket Management System

(DMS)MARPA also requests that we make service information available to the public by publication in DMS, keyed to the action that incorporates that information. MARPA states that the purpose of the IBR method is brevity, to keep from expanding the **Federal Register** needlessly by publishing documents already available to the affected individuals. MARPA asserts that, traditionally, “affected individuals” has meant aircraft owners and operators who are generally provided service information by the manufacturer. MARPA further asserts that a new class of affected individuals has emerged, since the majority of aircraft maintenance is now performed by specialty shops instead of owners and operators. MARPA states that this new class of individuals includes maintenance and repair organizations, component servicing and repair shops, parts purveyors and distributors, and organizations manufacturing or servicing alternatively certified parts under sections 21.303 (“Replacement and modification parts”) of the Federal Aviation Regulations (14 CFR 21.303). In regard to the commenter's request to post service bulletins on the Department of Transportation's DMS, we are currently in the process of reviewing issues surrounding the posting of service bulletins on the DMS as part of an AD docket. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. No change to the final rule is necessary in response to this comment. Request To Address Parts Manufacturer Approval

(PMA)Parts MARPA also requests that the NPRM be revised to cover possible defective PMA alternative parts, rather than just a single part number, and to permit the use of new and improved PMA parts. MARPA states that type certificate holders typically ignore the existence of PMA parts in their service information, especially manufacturers in other countries of origin where the concept may not exist or be implemented. MARPA goes on to state that installation of a certain part-numbered part to the exclusion of all other parts, in some cases, effectively prohibits the installation of perfectly good parts and prohibits the development of PMA parts. MARPA asserts that such a prohibition runs the risk of removing the AD from the realm of safety and moving it into the realm of economics. We acknowledge the need to ensure that unsafe PMA parts are identified and addressed in ADs. We are currently examining all aspects of this issue, including input from industry. Once we have made a final determination, we will consider how our policy regarding PMA parts in ADs needs to be revised. We consider that to delay this AD action would be inappropriate, since we have determined that an unsafe condition exists and that replacement of certain parts must be accomplished to ensure continued safety. Therefore, no change has been made to the final rule in this regard. Request To Add Certain Language MARPA also asserts that the NPRM does not comply with draft FAA Order 8040.2, which allows use of PMA parts based on a finding of identicality. MARPA suggests that adding language similar to that in draft Order 8040.2 would resolve the issue of possible defective PMA parts. MARPA points out that another AD issued from a Directorate other than the Transport Airplane Directorate does contain the wording that it has requested. MARPA therefore requests that the FAA agree, in a timely manner, on how the matter is to be treated. The NPRM did not address PMA parts, as provided in draft FAA Order 8040.2, because the Order was only a draft that was out for comment at the time. After issuance of the NPRM, the Order was revised and issued as FAA Order 8040.5 with an effective date of September 29, 2006. FAA Order 8040.5 does not address PMA parts in ADs. The FAA recognizes the need for standardization of this issue and is currently in the process of reviewing issues that address the use of PMAs in ADs at the national level. However, the Transport Airplane Directorate considers that to delay this particular AD action would be inappropriate, since we have determined that an unsafe condition exists and that replacement of certain parts must be accomplished to ensure continued safety. Therefore, no change has been made to the final rule in this regard. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspection of both MLG downlock actuators (2 per airplane) 1 $80 $0 $80 6 Up to $480. Review of the airplane maintenance records in lieu of the inspection to determine P/N 1 80 0 80 6 Up to $480. Replacement of the MLG downlock actuators (2 per airplane) 4, per actuator 80 16,511, per actuator 33,662 6 Up to $201,972. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, 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 have 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 that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-04-27 Fokker Services B.V.:** Amendment 39-14960. Docket No. FAA-2006-26044; Directorate Identifier 2006-NM-098-AD. Effective Date

(a)This AD becomes effective April 3, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to all Fokker Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes, certificated in any category. Unsafe Condition

(d)This AD results from a report of a failed downlock actuator, which resulted in the left main landing gear

(MLG)collapsing during taxi after landing. We are issuing this AD to prevent failure of the downlock actuator, which could prevent the MLG side stay from locking properly, resulting in collapse of the MLG during ground maneuvers or upon landing. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Determination of the Part Number (P/N) of the MLG Downlock Actuators

(f)Within 66 months after the effective date of this AD: Inspect the left- and right-hand MLG downlock actuators to determine if P/N 200497005 or 200498005 is installed. A review of airplane maintenance records is acceptable in lieu of this inspection if the part number of the MLG downlock actuator can be conclusively determined from that review. If an MLG downlock actuator does not have a subject part number, no further action is required by this AD for that MLG only, except as provided by paragraph

(h)of this AD. Replacement of Subject MLG Downlock Actuators

(g)For any MLG downlock actuator identified during the inspection or maintenance records review required by paragraph

(f)of this AD, or for which the part number cannot be determined: Within 66 months after the effective date of this AD, replace the MLG downlock actuator with a modified MLG downlock actuator in accordance with the Accomplishment Instructions of Fokker Service Bulletin F28/32-163, dated March 8, 2004. Note 1: Fokker Service Bulletin F28/32-163 refers to Dowty Aerospace Hydraulics—Cheltenham Service Bulletin 32-501R, Revision 1, dated September 3, 1998, as an additional source of service information for modifying the MLG downlock actuator. Parts Installation

(h)As of the effective date of this AD, no person may install an MLG downlock actuator, P/N 200497005 or 200498005, on any airplane. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with Sec. 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information

(j)Dutch airworthiness directive 2004-047, dated April 20, 2004, also addresses the subject of this AD. Material Incorporated by Reference

(k)You must use Fokker Service Bulletin F28/32-163, dated March 8, 2004, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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/ibr-locations.html.* Issued in Renton, Washington, on February 15, 2007. Stephen Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3168 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27335; Directorate Identifier 2006-NM-291-AD; Amendment 39-14962; AD 2007-05-01] RIN 2120-AA64 Airworthiness Directives; Construcciones Aeronauticas, S.A.,

(CASA)Model C-212 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)originated 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 follows: On 23 November 2006, Emergency Airworthiness Directive 2006-0351-E was published requiring an inspection to be performed on C-212 aeroplanes having been used for Maritime Patrol or other similar low altitude operations, due to the fact that, after initial examination of the evidences of a recent C-212 Maritime Patrol aircraft accident, cracks had been found in the centre wing lower skin at STA Y=1030. At the time of the accident, the aircraft had accumulated 17,000 flight hours and 7,300 flight cycles. The cracks were suspected to be caused by fatigue. After a more detailed examination in the laboratory, it has been determined that the initiation of the cracks was produced by fretting. The above mentioned cracks, if not timely detected, could lead to reduced structural integrity of the aircraft. * * * This AD requires actions that are intended to address the unsafe condition. DATES: This AD becomes effective March 14, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 14, 2007. We must receive comments on this AD by March 29, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Fax:*

(202)493-2251. • *Mail:* Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Federal Rulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility 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 Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1112; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Emergency Airworthiness Directive 2006-0365-E, dated December 4, 2006 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: On 23 November 2006, Emergency Airworthiness Directive 2006-0351-E was published requiring an inspection to be performed on C-212 aeroplanes having been used for Maritime Patrol or other similar low altitude operations, due to the fact that, after initial examination of the evidences of a recent C-212 Maritime Patrol aircraft accident, cracks had been found in the centre wing lower skin at STA Y=1030. At the time of the accident, the aircraft had accumulated 17,000 flight hours and 7,300 flight cycles. The cracks were suspected to be caused by fatigue. After a more detailed examination in the laboratory, it has been determined that the initiation of the cracks was produced by fretting. The subject element is identified in Ref. 1 (C-212 Supplemental Inspection Document

(SID)C-212-PV-02-SID) as a Principal Structural Element

(PSE)with No. 57.212.06 and requested to be inspected at a threshold of 20,000 landings (subject to some operational constraints defined in Ref. 1) in accordance with the inspection method and sequence described in Ref. 2 (C-212 Supplemental Inspection Procedures

(SIP)C-212-PV-02-SIP), Section 57-10-03. Ref. 1 document was made mandatory by DGAC-Spain Airworthiness directive Nr. 02/88 (current status of that AD is revision 3, dated 4 February 2004). Inspection threshold as per AD 02/88 Rev. 3 remains valid and relevant inspections have to be performed in addition to the requirements of this Emergency Airworthiness Directive (EAD). The above mentioned cracks, if not timely detected, could lead to reduced structural integrity of the aircraft. This EAD, which supersedes EASA EAD 2006-0351-E, is intended to ensure that no other C-212 aircraft could be affected by this problem, by mandating a one time inspection of the subject area, in accordance with the requirements under the paragraph “Compliance” of this EAD (EASA EAD 2006-0365-E). Furthermore, it has been determined that a Non Destructive Inspection

(NDI)performed in accordance with Ref. 2, Section 57-10-03 could not be sufficient to detect cracks initiated by fretting. A complementary inspection procedure has been defined, and is also required under the paragraph “Compliance” of this EAD (EASA EAD 2006-0365-E). The corrective action includes a one-time inspection for cracks, and repair if necessary. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information EADS-CASA has issued All Operator Letter 212-018, Revision 1, dated December 1, 2006. 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 another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the AD. 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 after a recent C-212 Maritime Patrol aircraft accident, fatigue cracks were found in the center wing lower skin at STA Y=1030. This cracking could lead to reduced structural integrity of the airplane. 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-2007-27335; Directorate Identifier 2006-NM-291-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://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, 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: **2007-05-01 Construcciones Aeronauticas, S.A. (CASA):** Amendment 39-14962. Docket No. FAA-2007-27335; Directorate Identifier 2006-NM-291-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective March 14, 2007. Affected ADs

(b)AD 96-07-14, amendment 39-9564, is related to this AD. Applicability

(c)This AD applies to Construcciones Aeronauticas, S.A.,

(CASA)Model C-212 airplanes; all series, all serial numbers; certificated in any category. Subject

(d)Wings. Reason

(e)The mandatory continued airworthiness information

(MCAI)states: On 23 November 2006, Emergency Airworthiness Directive 2006-0351-E was published requiring an inspection to be performed on C-212 aeroplanes having been used for Maritime Patrol or other similar low altitude operations, due to the fact that, after initial examination of the evidences of a recent C-212 Maritime Patrol aircraft accident, cracks had been found in the centre wing lower skin at STA Y=1030. At the time of the accident, the aircraft had accumulated 17,000 flight hours and 7,300 flight cycles. The cracks were suspected to be caused by fatigue. After a more detailed examination in the laboratory, it has been determined that the initiation of the cracks was produced by fretting. The subject element is identified in Ref. 1 (C-212 Supplemental Inspection Document

(SID)C-212-PV-02-SID) as a Principal Structural Element

(SIP)C-212-PV-02-SIP), Section 57-10-03. Ref. 1 document was made mandatory by DGAC-Spain Airworthiness directive Nr. 02/88 (current status of that AD is revision 3, dated 4 February 2004). Inspection threshold as per AD 02/88 Rev. 3 remains valid and relevant inspections have to be performed in addition to the requirements of this Emergency Airworthiness Directive (EAD). The above mentioned cracks, if not timely detected, could lead to reduced structural integrity of the aircraft. This EAD, which supersedes EASA EAD 2006-0351-E, is intended to ensure that no other C-212 aircraft could be affected by this problem, by mandating a one-time inspection of the subject area, in accordance with the requirements under the paragraph “Compliance” of this EAD (EASA EAD 2006-0365-E). Furthermore, it has been determined that a Non Destructive Inspection

(f)Unless already done, do the following actions.

(1)For airplanes used for maritime operations and all other airplanes on which the operator cannot positively determine that the airplanes have not been flown more than ten percent of flights at altitudes below 3,000 feet as of the effective date of this AD: Perform a Non-Destructive Inspection

(NDI)and a complementary NDI for cracks at the applicable time specified in paragraph (f)(1)(i), (f)(1)(ii), or (f)(1)(iii) of this AD. Do the inspections as defined in EADS-CASA All Operator Letter 212-018, Revision 1, dated December 1, 2006. Note: For the purposes of this AD, the term “maritime operations” is defined as airplanes which are used for monitoring certain areas of water.

(i)For airplanes having accumulated 5,600 flight hours or less, and 2,400 landings or less, as of the effective date of this AD: Perform the inspections before the accumulation of 5,600 total flight hours or 2,400 total landings after the effective date of this AD, or within 6 months after the effective date of this AD, whichever occurs latest.

(ii)For airplanes having accumulated more than 5,600 flight hours but less than or equal to 8,000 flight hours, or more than 2,400 landings but less than or equal to 3,600 landings, as of the effective date of this AD: Perform the inspections before the accumulation of 200 flight hours or 100 landings after the effective date of this AD, whichever occurs first.

(iii)For airplanes having accumulated more than 8,000 flight hours or more than 3,600 landings as of the effective date of this AD: Perform the inspections within 14 days after the effective date of this AD.

(2)For airplanes other than those identified in paragraph (f)(1) of this AD: Perform the NDIs at the applicable time specified in paragraph (f)(2)(i), (f)(2)(ii), or (f)(2)(iii) of this AD. Do the inspections as defined in EADS-CASA All Operator Letter 212-018, Revision 1, dated December 1, 2006.

(i)For airplanes having accumulated 10,000 flight hours or less, and 10,000 landings or less as of the effective date of this AD: Perform the inspections before the accumulation of 10,000 total flight hours or 10,000 total landings after the effective date of this AD, or within 6 months after the effective date of this AD, whichever occurs latest.

(ii)For airplanes having accumulated more than 10,000 flight hours but less than or equal to 15,000 flight hours, or more than 10,000 landings but less than or equal to 15,000 landings, as of the effective date of this AD: Perform the inspections before the accumulation of 200 flight hours or 100 landings after the effective date of this AD, whichever occurs first.

(iii)For airplanes having accumulated more than 15,000 flight hours or more than 15,000 landings as of the effective date of this AD: Perform the inspections within 14 days after the effective date of this AD.

(3)No further flight is allowed if any cracks are detected when performing the actions specified in paragraphs (f)(1) and (f)(2) of this AD. Before further flight, repair any cracking found during any inspection required by this AD using a method approved by either the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency

(EASA)(or its delegated agent). Within 30 days after cracks are detected, or within 30 days after the effective date of this AD, whichever occurs later, send a detailed report of the findings (both positive and negative) of the inspections required by paragraph

(f)of this AD to EADS-CASA for evaluation at the following address: EADS-CASA, Military Transport Aircraft Division, Integrated Customer Services, Technical Services, Avenida de Aragon 404, 28022-Madrid, Spain; telephone 34-91-624-6306; fax 34-91-585-5505. E-mail: MTA, *TechnicalService@casa.eads.net* . In any case, a confirmation of the accomplishment of this inspection is required to be sent to EADS-CASA. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows:

(1)*Compliance Time:* For certain airplanes, the compliance time required by the MCAI or service information for performing the non-destructive inspections is before further flight; however, to avoid inadvertently grounding airplanes, this AD requires performing those inspections within 14 days after the effective date of this AD.

(2)*Repair:* Although the MCAI or service information does not include a repair procedure for cracking, this AD requires the repair of any cracking per the FAA, EASA, or its delegated agent. 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, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Shahram Daneshmandi, Aerospace Engineer; 1601 Lind Avenue, SW., Renton, WA 98057-3356; telephone

(425)227-1112; fax

(425)227-1149. Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office.

(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 EASA Emergency Airworthiness Directive 2006-0365-E, dated December 4, 2006; and EADS-CASA All Operator Letter 212-018, Revision 1, dated December 1, 2006, for related information. Material Incorporated by Reference

(i)You must use EADS-CASA All Operator Letter 212-018, Revision 1, dated December 1, 2006, 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 Construcciones Aeronauticas, S.A., Getafe, Madrid, Spain.

(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; 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/ibr-locations.html* . Issued in Renton, Washington, on February 16, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3164 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26496 Directorate Identifier 2006-CE-81-AD; Amendment 39-14958; AD 2007-04-25] RIN 2120-AA64 Airworthiness Directives; Alpha Aviation Design Limited R2160 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. 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 a deficiency in compliance with 14 CFR 23.967(d). There have been instances indicating that production aircraft may not have a metal barrier between the cabin and the fuel tank bay. Lack of a barrier could allow flammable fuel vapors to enter the cabin. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 3, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 3, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4146; fax:

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on January 5, 2007 (72 FR 481). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that there have been instances indicating that production aircraft may not have a metal barrier between the cabin and the fuel tank bay. Lack of a barrier could allow flammable fuel vapors to enter the cabin. The MCAI requires that you, to ensure that the aircraft is in compliance with 14 CFR 23.967(d), inspect the aircraft to determine if a metal barrier is installed behind the seats and, if not installed, to manufacture and install a barrier. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between this AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD, and take precedence over the actions copied from the MCAI. Costs of Compliance We estimate that this AD will affect 10 products of U.S. registry. We also estimate that it will take about 3 work-hours per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $300 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $5,400 or $540 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, 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 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. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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: **2007-04-25 Alpha Aviation Design Limited:** Amendment 39-14958; Docket No. FAA-2006-26496; Directorate Identifier 2006-CE-81-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective April 3, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Model R2160 airplanes, serial numbers 001 through 378, certificated in any category. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states that there have been instances indicating that production aircraft may not have a metal barrier between the cabin and the fuel tank bay. Lack of a barrier could allow flammable fuel vapors to enter the cabin. The MCAI requires that, to ensure that the aircraft is in compliance with 14 CFR 23.967(d), inspect the aircraft to determine if a metal barrier is installed behind the seats and, if not installed, to manufacture and install a barrier. Actions and Compliance

(e)Unless already done, do the following actions within the next 100 hours time-in-service or within 6 months after April 3, 2007 (the effective date of this AD), whichever occurs first.

(1)Inspect the aircraft to determine if a metal barrier is installed behind the seats per Alpha Aviation Service Bulletin AA-SB-28-001, dated July 10, 2006.

(2)If a metal barrier is installed per Alpha Aviation Service Bulletin AA-SB-28-001, dated July 10, 2006, and (e)(1) of this AD, then no further action is required.

(3)If a metal barrier is not installed, manufacture and install a barrier per Alpha Aviation Service Bulletin AA-SB-28-001, dated July 10, 2006, and Alpha Aviation Drawing No. 60-53-119 (page 3 of 3 of the Service Bulletin). FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

(f)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Staff, FAA, ATTN: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4146; fax:

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(g)Refer to MCAI Civil Aviation Authority of New Zealand AD DCA/R2000/38, dated June 29, 2006, for related information. Material Incorporated by Reference

(h)You must use Alpha Aviation Service Bulletin AA-SB-28-001, dated July 10, 2006, 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 Alpha Aviation Ltd, Ingram Road, Hamilton Airport RD 2, Hamilton 2021, New Zealand; telephone: 011 64 7 843 7070; fax: 011 64 7 843 8040; Internet: *http://www.alphaaviation.co.nz.*

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; 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/ibr-locations.html.* Issued in Kansas City, Missouri, on February 15, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3163 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25391; Directorate Identifier 2006-NM-097-AD; Amendment 39-14956; AD 2007-04-23] RIN 2120-AA64 Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to certain Fokker Model F.28 Mark 0070 and 0100 airplanes. That AD currently requires a one-time inspection of the sliding members in the main landing gear

(MLG)for cracking and replacement of the sliding members with serviceable parts if necessary. This new AD adds repetitive magnetic particle inspections of the sliding members of the MLG for cracking and corrective actions as necessary. This AD results from inspection findings that have shown repetitive inspections are needed to establish fleet safety. We are issuing this AD to detect and correct fatigue cracking of the sliding member, which could result in possible separation of the MLG from the airplane and consequent reduced controllability of the airplane upon landing and possible injury to passengers. DATES: This AD becomes effective April 3, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 3, 2007. On May 19, 2004 (69 FR 19759, April 14, 2004), the Director of the Federal Register approved the incorporation by reference of Fokker Service Bulletin SBF100-32-133, dated April 1, 2002. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1137; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a supplemental notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2004-08-01, amendment 39-13570 (69 FR 19759, April 14, 2004). The existing AD applies to certain Fokker Model F.28 Mark 0070 and 0100 airplanes. That supplemental NPRM was published in the **Federal Register** on December 28, 2006 (71 FR 78107). That supplemental NPRM proposed to continue to require a one-time inspection of the sliding members in the main landing gear

(MLG)for cracking, and replacement of the sliding members with serviceable parts if necessary. That supplemental NPRM also proposed to require repetitive magnetic particle inspections of the sliding members of the MLG for cracking and corrective actions as necessary. That supplemental NPRM also revised the original NPRM by correcting a certain part number in the applicability. Comments We provided the public the opportunity to participate in the development of this AD. No comments have been received on the supplemental NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed by the supplemental NPRM. Costs of Compliance This AD affects about 37 airplanes of U.S. registry. The inspection that is required by AD 2004-08-01 and retained in this AD takes either about 4 or 12 work hours per airplane, depending on airplane configuration, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the currently required actions for U.S. operators is $11,840 or $35,520, or $320 or $960 per airplane, depending on airplane configuration. The new required inspections take about 2 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the new inspections specified in this AD for U.S. operators is $5,920, or $160 per airplane, per inspection cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, 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 have 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 that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(FAA)amends § 39.13 by removing amendment 39-13570 (69 FR 19759, April 14, 2004) and by adding the following new airworthiness directive (AD): **2007-04-23 Fokker Services B.V.:** Amendment 39-14956. Docket No. FAA-2006-25391; Directorate Identifier 2006-NM-097-AD. Effective Date

(a)This AD becomes effective April 3, 2007. Affected ADs

(b)This AD supersedes AD 2004-08-01. Applicability

(c)This AD applies to Fokker Model F.28 Mark 0070 and 0100 airplanes, certificated in any category; equipped with any Dowty or Messier-Dowty main landing gear

(MLG)listed in Table 1 of this AD. Table 1.—Affected Parts MLG part number (P/N)— Equipped with sliding member P/N— 201072011 201072301 or 201072305 201072012 201072301 or 201072305 201072013 201072301 or 201072305 201072014 201072301 or 201072305 201072015 201072301 or 201072305 201072016 201072301 or 201072305 Unsafe Condition

(d)This AD results from inspection findings that have shown repetitive inspections are needed to establish fleet safety. We are issuing this AD to detect and correct fatigue cracking of the sliding member, which could result in possible separation of the MLG from the airplane and consequent reduced controllability of the airplane upon landing and possible injury to passengers. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Requirements of AD 2004-08-01 Inspection and Replacement if Necessary

(f)Within 1,000 flight cycles or 6 months after May 19, 2004 (the effective date of AD 2004-08-01), whichever occurs first, perform a magnetic inspection of the sliding members of the MLG for cracking, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-32-133, dated April 1, 2002. If any crack is found during the inspection, before further flight, replace the sliding members with serviceable parts in accordance with the Accomplishment Instructions of the service bulletin. Note 1: Fokker Service Bulletin SBF100-32-133, dated April 1, 2002, refers to Messier-Dowty Service Bulletin F100-32-103, dated March 11, 2002, as an additional source of service information. Parts Installation With Accomplishment of New Service Bulletins

(g)As of May 19, 2004, no person may install a sliding member of the MLG, P/N 201072301 or P/N 201072305, on any airplane, unless it has been inspected in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-32-133, dated April 1, 2002; Fokker Service Bulletin SBF100-32-139, dated March 5, 2004; or Fokker Service Bulletin SBF100-32-144, dated September 19, 2005; and found to be serviceable. Note 2: Fokker Service Bulletin SBF100-32-139, dated March 5, 2004, refers to Messier-Dowty Service Bulletin F100-32-105, dated March 2, 2004, as an additional source of service information for accomplishing a magnetic inspection. Note 3: Fokker Service Bulletin SBF100-32-144, dated September 19, 2005, refers to Messier-Dowty Service Bulletin F100-32-110, dated August 25, 2005, as an additional source of service information for accomplishing a magnetic inspection. Reporting Requirement Difference

(h)Although Fokker Service Bulletin SBF100-32-133, dated April 1, 2002, specifies to submit certain information to the manufacturer, this AD does not include such a requirement. New Requirements of this AD Repetitive Inspections

(i)At the later of the compliance times specified in paragraphs (i)(1) and (i)(2) of this AD: Do a magnetic inspection of the sliding members of the left and right MLG for cracking, and do all corrective actions before further flight after the inspection, by accomplishing all of the applicable actions specified in the Accomplishment Instructions of Fokker Service Bulletin SBF100-32-144, dated September 19, 2005. Repeat the inspection thereafter at intervals not to exceed 2,000 flight cycles.

(1)Within 2,000 flight cycles after accomplishing paragraph

(f)of this AD.

(2)Within 4 months after the effective date of this AD. Credit for Fokker Service Bulletin SBF100-32-139

(j)Actions done before the effective date of this AD in accordance with Fokker Service Bulletin SBF100-32-139, dated March 5, 2004, are acceptable for compliance with the corresponding requirements of paragraph

(f)of this AD. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(l)Dutch airworthiness directive NL-2005-012, dated October 17, 2005, also addresses the subject of this AD. Material Incorporated by Reference

(m)You must use the service information identified in Table 2 of this AD, as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. Table 2.—Material Incorporated by Reference Fokker service bulletin Date SBF100-32-133 April 1, 2002. SBF100-32-139 March 5, 2004. SBF100-32-144 September 19, 2005.

(1)The Director of the Federal Register approved the incorporation by reference of Fokker Service Bulletin SBF100-32-139, dated March 5, 2004; and Fokker Service Bulletin SBF100-32-144, dated September 19, 2005; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On May 19, 2004 (69 FR 19759, April 14, 2004), the Director of the Federal Register approved the incorporation by reference of Fokker Service Bulletin SBF100-32-133, dated April 1, 2002.

(3)Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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/ibr-locations.html.* Issued in Renton, Washington, on February 13, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-2974 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26355; Directorate Identifier 2006-NM-198-AD; Amendment 39-14953; AD 2007-04-21] RIN 2120-AA64 Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all Fokker Model F.28 Mark 0070 and 0100 airplanes. This AD requires a one-time inspection of the fuel lines located in the left and right main landing gear

(MLG)bays to determine the clearance between the fuel and hydraulic lines. If necessary, this AD also requires an inspection of fuel lines for chafing, the replacement of a chafed fuel line with a new fuel line, and the repositioning of existing clamps and installation of additional clamps between the fuel and hydraulic lines. This AD results from a fuel leak found in the left MLG bay. We are issuing this AD to detect and correct inadequate clearance between fuel and hydraulic lines in the MLG bay, which could lead to chafing of a fuel line and fuel leakage. A fuel leak near hot brakes could result in a fire in the MLG bay. DATES: This AD becomes effective April 3, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 3, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1137; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Fokker Model F.28 Mark 0070 and 0100 airplanes. That NPRM was published in the **Federal Register** on November 20, 2006 (71 FR 67077). That NPRM proposed to require a one-time inspection of the fuel lines located in the left and right main landing gear bays to determine the clearance between the fuel and hydraulic lines. If necessary, that NPRM proposed to require an inspection of fuel lines for chafing, the replacement of a chafed fuel line with a new fuel line, and the repositioning of existing clamps and installation of additional clamps between the fuel and hydraulic lines. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance This AD affects about 9 airplanes of U.S. registry. The required inspection takes about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of this AD for U.S. operators is $720, or $80 per airplane. Authority for this Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, 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 have 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 that this AD:*

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-04-21 Fokker Services B.V.:** Amendment 39-14953. Docket No. FAA-2006-26355; Directorate Identifier 2006-NM-198-AD. Effective Date

(a)This AD becomes effective April 3, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to all Fokker Model F.28 Mark 0070 and 0100 airplanes, certificated in any category. Unsafe Condition

(d)This AD results from a fuel leak found in the left main landing gear

(MLG)bay. We are issuing this AD to detect and correct inadequate clearance between fuel and hydraulic lines in the MLG bay, which could lead to chafing of a fuel line and fuel leakage. A fuel leak near hot brakes could result in a fire in the MLG bay. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspections for Clearance and Chafing

(f)Within 6 months after the effective date of this AD, do a general visual inspection of the fuel lines located in the left and right MLG bays to determine the clearance between the fuel and hydraulic lines, in accordance with Part 1 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-041, dated July 20, 2005. If the clearance of a fuel line is 3 mm (millimeters) or more, no further action is required by this AD for that fuel line only. If the clearance of a fuel line is less than 3 mm, before further flight, do a general visual inspection of the fuel line for chafing in accordance with Part 1 of the Accomplishment Instructions of the service bulletin. Note 1: For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.” Corrective Actions

(g)If the fuel line is found chafed during the inspection for chafing specified in paragraph

(f)of this AD, before further flight after that inspection, do the actions in paragraphs (g)(1) and (g)(2) of this AD. If the fuel line is not found chafed, within 6 months after the inspection for chafing, do the actions in paragraph (g)(2) of this AD.

(1)Replace the chafed fuel line with a new fuel line in accordance with Part 1 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-041, dated July 20, 2005.

(2)Reposition the existing clamps and install additional clamps to obtain a minimum clearance of 3 mm between the fuel and hydraulic lines, as applicable, in accordance with Part 2 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-041, dated July 20, 2005. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(i)Dutch airworthiness directive NL-2005-010 R1, dated September 7, 2005, also addresses the subject of this AD. Material Incorporated by Reference

(j)You must use Fokker Service Bulletin SBF100-28-041, dated July 20, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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/ibr-locations.html.* Issued in Renton, Washington, on February 12, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-2978 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26558; Directorate Identifier 2006-NM-206-AD; Amendment 39-14954; AD 2007-04-22] RIN 2120-AA64 Airworthiness Directives; Bombardier Model DHC-8-102, -103, and -106 Airplanes; and Model DHC-8-200 and DHC-8-300 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain Bombardier Model DHC-8-100 (as described above), DHC-8-200, and DHC-8-300 series airplanes. This AD requires doing a one-time inspection for damage of the electrical cable harness assembly located on the left and right wing root-to-fuselage aft seal, and repair if necessary; and reworking the fuselage aft seal assembly (left and right) to create a clearance between the electrical cable assemblies and the edge of the fairing panel. This AD results from a report that an airplane encountered an uncommanded propeller feathering during climb, which resulted in an emergency landing. We are issuing this AD to prevent chafing or grounding of the wiring against the aft seal assemblies, which, if not corrected, could interrupt the operation of various systems, including the propeller feather control, alternating current

(AC)electrical power, and standby hydraulic power, and result in reduced controllability of the airplane. DATES: This AD becomes effective April 3, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 3, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Douglas Wagner, Aerospace Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone

(516)228-7306; fax

(516)794-5531. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Bombardier Model DHC-8-102, -103, and -106 airplanes, and Model DHC-8-200 and DHC-8-300 series airplanes. That NPRM was published in the **Federal Register** on December 11, 2006 (71 FR 71492). That NPRM proposed to require doing a one-time inspection for damage of the electrical cable harness assembly located on the left and right wing root-to-fuselage aft seal, and repair if necessary; and reworking the fuselage aft seal assembly (left and right) to create a clearance between the electrical cable assemblies and the edge of the fairing panel. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance This AD affects about 136 airplanes of U.S. registry. The required actions take about 4 work hours per airplane, at an average labor rate of $80 per work hour. Required parts cost about $75 per airplane. Based on these figures, the estimated cost of this AD for U.S. operators is $53,720, or $395 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, 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 have 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 that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-04-22 Bombardier, Inc. (Formerly de Havilland, Inc.):** Amendment 39-14954. Docket No. FAA-2006-26558; Directorate Identifier 2006-NM-206-AD. Effective Date

(a)This AD becomes effective April 3, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Bombardier Model DHC-8-102, -103, and -106 airplanes, and Model DHC-8-200 and DHC-8-300 series airplanes, certificated in any category; serial numbers 003 through 606 inclusive. Unsafe Condition

(d)This AD results from a report that an airplane encountered an uncommanded propeller feathering during climb, which resulted in an emergency landing. We are issuing this AD to prevent chafing or grounding of the wiring against the aft seal assemblies, which, if not corrected, could interrupt the operation of various systems, including the propeller feather control, alternating current

(AC)electrical power, and standby hydraulic power, and result in reduced controllability of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspection and Rework

(f)Within 6,000 flight hours after the effective date of this AD, do the actions specified in paragraphs (f)(1) and (f)(2) of this AD. Do all actions in accordance with Bombardier Service Bulletin 8-24-83, Revision A, dated August 2, 2005. The actions in paragraph (f)(1) of this AD must be done before the rework in paragraph (f)(2) of this AD. Note 1: Bombardier Service Bulletin 8-24-83, Revision A, contains the instructions for incorporating Bombardier Modification Summary Package 8Y122031, Revision B, dated December 2, 2004. (The technical content of Bombardier Modification Summary Package IS8Q2400005, Revision C, dated January 7, 2005, is equivalent to Bombardier Modification Summary Package 8Y122031, Revision B.)

(1)Do a general visual inspection for damage of the electrical cable harness assembly located on the left and right wing root-to-fuselage aft seal. If any damage is found, repair the damage before further flight.

(2)Rework the fuselage aft seal assembly (left and right) to create a clearance between the electrical cable assemblies and the edge of the fairing panel. Note 2: For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.” Actions Accomplished in Accordance With Previous Revision of Service Bulletin

(g)Actions done before the effective date of this AD in accordance with Bombardier Service Bulletin 8-24-83, dated December 23, 2004, are acceptable for compliance with the corresponding requirements in paragraph

(f)of this AD. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, New York Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(i)Canadian airworthiness directive CF-2006-15, dated June 14, 2006, also addresses the subject of this AD. Material Incorporated by Reference

(j)You must use Bombardier Service Bulletin 8-24-83, Revision A, dated August 2, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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/ibr-locations.html.* Issued in Renton, Washington, on February 12, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-2972 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26647; Directorate Identifier 2006-NM-194-AD; Amendment 39-14957; AD 2007-04-24] RIN 2120-AA64 Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD requires repetitive inspections of the bolts that attach the exhaust nozzle to the aft engine flange to determine if any bolts are missing or fractured, and replacement of the existing bolts with new, improved bolts. This AD results from reports of the engine exhaust nozzle and fairing departing from the airplane in flight due to missing attachment bolts. We are issuing this AD to detect and correct missing or fractured attachment bolts, which could lead to the loss of an engine exhaust nozzle during flight and consequent structural damage to the airplane and hazard to people or property on the ground. Damage to the airplane could cause the airplane to yaw and result in reduced controllability of the airplane. DATES: This AD becomes effective April 3, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 3, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: 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. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. That NPRM was published in the **Federal Register** on December 26, 2006 (71 FR 77312). That NPRM proposed to require repetitive inspections of the bolts that attach the exhaust nozzle to the aft engine flange to determine if any bolts are missing or fractured, and replacement of the existing bolts with new, improved bolts. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.- registered airplanes Fleet cost Inspection, per inspection cycle 2 $80 None $160, per inspection cycle 686 $109,760, per inspection cycle. Replacement 4 $80 $513 $833 686 $571,438. Authority for this Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, 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 have 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 that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-04-24 Bombardier, Inc. (Formerly Canadair):** Amendment 39-14957. Docket No. FAA-2006-26647; Directorate Identifier 2006-NM-194-AD. Effective Date

(a)This AD becomes effective April 3, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, certificated in any category; serial numbers (S/Ns) 7003 through 7067 inclusive and S/Ns 7069 through 7947 inclusive. Unsafe Condition

(d)This AD results from reports of the engine exhaust nozzle and fairing departing from the airplane in flight due to missing attachment bolts. We are issuing this AD to detect and correct missing or fractured attachment bolts, which could lead to the loss of an engine exhaust nozzle during flight and consequent structural damage to the airplane and hazard to people or property on the ground. Damage to the airplane could cause the airplane to yaw and result in reduced controllability of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Repetitive Inspections

(f)Within 1,500 flight hours after the effective date of this AD: For the left and right engine exhaust nozzles, do a detailed inspection of the bolts that attach the exhaust nozzle to the aft engine flange to determine if any bolts are missing or fractured, in accordance with Part A of the Accomplishment Instructions of Bombardier Service Bulletin 601R-78-021, dated June 2, 2006. If no bolt of an engine exhaust nozzle is missing or fractured, repeat the detailed inspection for that engine exhaust nozzle thereafter at intervals not to exceed 1,500 flight hours, until the replacement specified in paragraph

(g)or

(h)of this AD is accomplished. Note 1: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.” Corrective Action, if Necessary

(g)If any bolt of an engine exhaust nozzle is found missing or fractured during any inspection required by paragraph

(f)of this AD, before further flight, replace the existing bolts that attach the exhaust nozzle to the aft engine flange with new, improved bolts, in accordance with Part B of the Accomplishment Instructions of Bombardier Service Bulletin 601R-78-021, dated June 2, 2006. Accomplishing the bolt replacement for an engine exhaust nozzle terminates the repetitive inspections required by paragraph

(f)of this AD for that engine exhaust nozzle only. Note 2: Bombardier Service Bulletin 601R-78-021, dated June 2, 2006, refers to Bombardier Service Bulletin CF34-NAC-78-024, Revision 4, dated November 10, 2005, as an additional source of service information for accomplishment of the replacement. Terminating Action

(h)Within 4,000 flight hours after the effective date of this AD: For the left and right engine exhaust nozzles, replace the existing bolts that attach the exhaust nozzle to the aft engine flange with new, improved bolts, in accordance with Part B of the Accomplishment Instructions of Bombardier Service Bulletin 601R-78-021, dated June 2, 2006. Accomplishing the replacement for the left and right engine exhaust nozzles terminates all of the inspections required by paragraph

(f)of this AD. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, New York Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(j)Canadian airworthiness directive CF-2006-19, dated July 28, 2006, also addresses the subject of this AD. Material Incorporated by Reference

(k)You must use Bombardier Service Bulletin 601R-78-021, dated June 2, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, S.W., Renton, Washington; 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/ibr-locations.html.* Issued in Renton, Washington, on February 13, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-2973 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26462; Directorate Identifier 2006-NM-221-AD; Amendment 39-14952; AD 2007-04-20] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU Airplanes and Model ERJ 190 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes and Model ERJ 190 airplanes. This AD requires inspecting to determine the part number and serial number of the deployment actuator of the ram air turbine

(RAT)and related investigative and corrective actions if necessary. This AD results from reports that the RAT may not fully deploy due to galling between the piston rod and gland housing of the RAT deployment actuator. We are issuing this AD to prevent the RAT from failing to deploy, which could result in loss of control of the airplane during in-flight emergencies. DATES: This AD becomes effective April 3, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 3, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1175; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes and Model ERJ 190 airplanes. That NPRM was published in the **Federal Register** on December 8, 2006 (71 FR 71096). That NPRM proposed to require inspecting to determine the part number and serial number of the deployment actuator of the ram air turbine

(RAT)and related investigative and corrective actions if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Clarification of Service Bulletin Reference Paragraph We have added to paragraph (f)(1) of this AD three airplane models that were unintentionally left out of that paragraph. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this AD, at an average labor rate of $80 per hour. Estimated Costs Action Work hours Cost per airplane Number of U.S.- registered airplanes Fleet cost Inspection to determine part and serial numbers 1 $80 76 $6,080. Inspection of piston rod 1 $80, per inspection cycle Up to 76 Up to $6,080, per inspection cycle. Replacement of RAT deployment actuator 4 $320 Up to 76 Up to $24,320. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, 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 have 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 that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-04-20 Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Amendment 39-14952. Docket No. FAA-2006-26462; Directorate Identifier 2006-NM-221-AD. Effective Date

(a)This AD becomes effective April 3, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes, as identified in EMBRAER Service Bulletin 170-24-0026, dated December 22, 2005; and Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes, as identified in EMBRAER Service Bulletin 190-24-0003, dated December 22, 2005; certificated in any category. Unsafe Condition

(d)This AD results from reports that the ram air turbine

(RAT)may not fully deploy due to galling between the piston rod and gland housing of the RAT deployment actuator. We are issuing this AD to prevent the RAT from failing to deploy, which could result in loss of control of the airplane during in-flight emergencies. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Service Bulletin Reference

(f)The term “service bulletin,” as used in this AD, means the Accomplishment Instructions of the service bulletins identified in paragraphs (f)(1) and (f)(2) of this AD. Where these service bulletins specify returning affected parts to Hamilton Sundstrand, this AD does not require that action.

(1)For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes: EMBRAER Service Bulletin 170-24-0026, dated December 22, 2005.

(2)For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes: EMBRAER Service Bulletin 190-24-0003, dated December 22, 2005. Note 1: The EMBRAER service bulletins refer to Hamilton Sundstrand Service Bulletin ERPS37A-24-1, dated December 6, 2005, as an additional source of service information for inspecting for galling of the piston rod of the RAT deployment actuator and re-identifying the actuator. The Hamilton Sundstrand service bulletin is included as Appendix 1 of the EMBRAER service bulletins. Inspection To Determine Part Number (P/N) and Serial Number (S/N)

(g)Within 600 flight hours or 3 months after the effective date of this AD, whichever occurs first: Inspect to determine the part number and serial number of the RAT deployment actuator, in accordance with the applicable service bulletin. A review of airplane maintenance records is acceptable in lieu of this inspection if the part number and serial number of the RAT deployment actuator can be conclusively determined from that review.

(1)If the part number of the actuator is not P/N 1703785: No further action is required by this AD, except as provided by paragraph

(i)of this AD.

(2)If the part number of the actuator is P/N 1703785 and the serial number is S/N 0004, 0005, or 0101 through 0190 inclusive, or the part number or serial number cannot be conclusively determined: Within 600 flight hours or 3 months after the effective date of this AD, whichever occurs first, deploy the RAT, and do the actions specified in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, as applicable, in accordance with the applicable service bulletin.

(i)If the RAT does not fully deploy or if it deploys with hesitation: Before further flight, replace the RAT deployment actuator with a modified and reidentified or new, improved actuator, having P/N 1703785A.

(ii)If the RAT fully deploys without hesitation: Before further flight, perform a general visual inspection for galling of the piston rod of the RAT deployment actuator. If no evidence of galling is detected, repeat the inspection for galling at intervals not to exceed 1,200 flight hours or 5 months, whichever occurs first, and before further flight after each deployment of the RAT. If any evidence of galling is found, before further flight, replace the RAT deployment actuator with a modified and reidentified or new, improved RAT deployment actuator having P/N 1703785A. Replacing the RAT deployment actuator terminates the repetitive inspections required by this paragraph for that RAT deployment actuator only. Note 2: For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.”

(3)If the part number of the RAT deployment actuator is P/N 1703785, and the serial number is S/N 0191 through 0242 inclusive: Within 3,000 flight hours or 12 months after the effective date of this AD, whichever occurs first, reidentify the RAT deployment actuator with new P/N 1703785A in accordance with the applicable service bulletin. Terminating Action for Repetitive Inspections

(h)Within 3,000 flight hours or 12 months after the effective date of this AD, whichever occurs first: Replace all RAT deployment actuators having P/N 1703785 and having S/N 0004, 0005, or 0101 through 0190 inclusive, with modified and reidentified or new, improved actuators having P/N 1703785A, in accordance with the applicable service bulletin. Replacing all of the RAT deployment actuators terminates the repetitive inspections required by paragraph (g)(2)(ii) of this AD. Parts Installation

(i)As of the effective date of this AD, no person may install a RAT deployment actuator having P/N 1703785 on any airplane. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(k)Brazilian airworthiness directives 2006-05-06, effective June 14, 2006, and 2006-05-09, effective June 19, 2006, also address the subject of this AD. Material Incorporated by Reference

(l)You must use EMBRAER Service Bulletin 170-24-0026, dated December 22, 2005; or EMBRAER Service Bulletin 190-24-0003, dated December 22, 2005; as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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/ibr-locations.html.* Issued in Renton, Washington, on February 12, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-2976 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P INTERNATIONAL TRADE COMMISSION 19 CFR Part 208 Investigations Relating to Commercial Availability Under the African Growth and Opportunity Act AGENCY: United States International Trade Commission. ACTION: Interim rule with request for comments. SUMMARY: The Commission is amending its rules of practice and procedure to add a new part 208 in order to implement section 112(c) of the African Growth and Opportunity Act (AGOA), as amended (19 U.S.C. 3721(c)). The provisions addressing the Commission's role are contained in amendments to AGOA which the President signed into law on December 20, 2006. The interim rules provide for Commission investigations, determinations, and reports under section 112(c) of AGOA, and also specify the information that must be included in a properly filed petition. Interim rules are necessary because the new provisions became effective on the day of enactment; in the absence of interim rules, the Commission will have no procedures in place with respect to these proceedings. DATES: This interim rule is effective February 27, 2007. Comments concerning these interim rules should be submitted not later than April 30, 2007. ADDRESSES: You may submit comments, identified by docket number MISC-023 by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Agency Web Site: http://www.usitc.gov.* Follow the instructions for submitting comments. See *http://www.usitc.gov/.secretary/edis.htm.* • *Mail:* For paper submission. U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436. • *Hand Delivery/Courier:* U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436. From the hours of 8:45 a.m. to 5:15 p.m. For detailed instructions on submitting comments, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: William Gearhart, Esq., Senior Counsel, Office of the General Counsel, 202-205-3091 (e-mail: *william.gearhart@usitc.gov* ); or Marilyn R. Abbott, Secretary to the Commission, 202-205-2000 (e-mail: *marilyn.r.abbott@usitc.gov* ). General information concerning the Commission may also be obtained by accessing its Internet server ( *http://www.usitc.gov* ). Hearing-impaired persons are advised that information on this interim rulemaking can be obtained by contacting the Commission's TDD terminal on 202-205-1810. SUPPLEMENTARY INFORMATION: Public Participation *Instructions:* All submissions received must include the agency name and docket number (MISC-023) for this rulemaking. All comments received will be posted without change to *http://www.usitc.gov* , including any personal information provided. For paper copies, a signed original and 14 copies of each set of comments, along with a cover letter stating the nature of the commenter's interest in the proposed rulemaking, should be submitted to Marilyn R. Abbott, Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436. Comments, along with a cover letter, may be submitted electronically to the extent provided by § 201.8 of the Commission's rules. This rule may refer commenters to the Handbook for Electronic Filing Procedures (see *http://www.usitc.gov/secretary/edis.htm* ). For those submitting comments by mail, it is advisable to mail comments in advance of the due date since Commission mail will be delayed due to necessary security screening. *Docket:* For access to the docket to read comments received, go to *http://www.usitc.gov* or U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436. The preamble below is designed to assist readers in understanding these proposed amendments to the Commission's rules. The preamble includes a discussion of the background leading up to these proposed amendments, a regulatory analysis addressing government-wide statutes and issuances on rulemaking, and a description of the proposed amendments to the rules. The Commission encourages members of the public to comment—in addition to any other comments they wish to make on the proposed amendments—on whether the proposed language is sufficiently clear for users of the rules to understand. If the Commission decides to proceed to final rulemaking after reviewing the comments filed in response to this notice, the final rule revisions will be promulgated in accordance with the Administrative Procedure Act (5 U.S.C. 553). Background The interim rules establish a new part 208 of 19 CFR to provide for Commission investigations, determinations, and reports under section 112(c) of the African Growth and Opportunity Act (19 U.S.C. 3721(c)) (AGOA). The Commission's general authority to issue rules is set out in 19 U.S.C. 1335. On December 20, 2006, the President signed H.R. 6111 into law (Public Law 109-432), which amends section 112 of AGOA. Newly amended section 112(c) provides for Commission investigations and determinations concerning

(1)Whether a fabric or yarn produced in beneficiary sub-Saharan African countries is available in commercial quantities for use by lesser developed beneficiary sub-Saharan African countries, and if so,

(2)the quantity of the fabric or yarn that will be so available in lesser developed beneficiary sub-Saharan African countries in the applicable 1-year period (October 1-September 30) after the determination is made. Section 112(c) further provides, when the Commission makes an affirmative determination, for additional Commission determinations during and after the applicable 1-year period. Because the new provisions became effective on the date of enactment, the Commission did not have sufficient time to issue a notice of proposed rulemaking. These interim rules are necessary because the Commission must conduct an investigation upon receipt of an appropriate petition, and in the absence of interim rules the public will have no guidance with respect to how the Commission intends to conduct its investigations and make determinations. The interim rules cover petitions for an investigation, Commission investigations in response to a petition, and the determinations described in

(1)and (2), above, that the Commission must make. The interim rules identify the types of entities that may file a petition and describe the information that must be included in a petition; provide for Commission investigations and establish procedures for conducting such investigations, including with respect to confidential business information; and describe the determinations and reports that the Commission will make and their content and timing. Regulatory Analysis of Interim Rules in 19 CFR Part 208 The Commission has determined that the interim rules do not meet the criteria described in Section 3(f) of Executive Order 12866 (58 FR 51735, Oct. 4, 1993) and thus do not constitute a significant regulatory action for purposes of the Executive Order. The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) is inapplicable to this rulemaking because it is not one for which a notice of proposed rulemaking is required under 5 U.S.C. 553(b) or any other statute. These interim regulations are “agency rules of procedure and practice,” and thus are exempt from the notice requirement imposed by 5 U.S.C. 553(b). These interim rules do not contain federalism implications warranting the preparation of a federalism summary impact statement pursuant to Executive Order 13132 (64 FR 43255, Aug. 4, 1999). No actions are necessary under the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 *et seq.* ) because the interim rules will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and will not significantly or uniquely affect small governments. The interim rules are not major rules as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 *et seq.* ). Moreover, they are exempt from the reporting requirements of the Contract With America Advancement Act of 1996 (Pub. L. 104-121) because they concern rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties. The interim rules are not subject to section 3504(h) of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), since they do not contain any new information collection requirements. Explanation of the Interim Rules in 19 CFR Part 208 The Commission proposes to add part 208 in the manner described below. Section 208.1 Section 208.1 of new part 208 states that this part 208 applies to functions and duties of the Commission under section 112(c) of AGOA, as amended. Section 208.2 Section 208.2 sets forth definitions applicable to part 208, including with respect to the terms beneficiary sub-Saharan African country, lesser developed beneficiary sub-Saharan African countries, and applicable 1-year period. Section 208.3 Section 208.3 identifies the persons who may file a petition with the Commission under section 112(c) of AGOA, and lists the types of information that must be included in the petition. Section 208.4 Section 208.4 states that the Commission will institute an investigation not later than 10 days after receiving a properly filed petition, describes the information that the Commission will include in the Federal Register notice announcing the investigation, and states that the Commission will make the petition available for public inspection (with the exception of confidential business information). Section 208.5 Section 208.5 states that the Commission may, in its discretion, hold a public hearing, provide reasonable notice of any hearing, and afford interested parties the opportunity to be present, present evidence, and be heard at any such hearing. Section 208.6 Section 208.6 describes Commission procedures concerning the filing and service of documents and the required certification required by any person submitting factual information. Section 208.7 Section 208.7 states that the Commission will, if necessary, make its determinations on the basis of the facts available; will make its determinations by September 25, 2007, with respect to petitions received on or before March 28 and accepted on or before April 11, 2007, and will make its determinations by August 1 of subsequent years with respect to petitions received on or before January 15 and accepted on or before February 1 of those years; will include in its report to the President its determination(s) and an explanation thereof, and any dissenting or separate views of Commissioners; and will make public the report it sends to the President (with the exception of confidential business information). Section 208.8 Section 208.8 sets forth Commission policy under part 208 with respect to nondisclosure of confidential business information, and also generally requires that persons submitting confidential business information provide the Commission with a non-confidential summary of such information. List of Subjects in 19 CFR Part 208 Administration practice and procedure, Business and industry, Customs duties, Imports, Investigations. For the reasons stated in the preamble, the Commission amends 19 CFR to add part 208 to read as follows: PART 208—INVESTIGATIONS WITH RESPECT TO COMMERCIAL AVAILABILITY OF TEXTILE FABRIC AND YARN IN SUB-SAHARAN AFRICAN COUNTRIES Sec. 208.1 Applicability of part. 208.2 Definitions applicable to this part. 208.3 Petitions. 208.4 Institution of investigations; publication of notice; and availability of petition for public inspection. 208.5 Public hearing. 208.6 Service, filing, and certification of documents. 208.7 Determinations and reports. 208.8 Confidential business information; furnishing of nonconfidential summaries thereof. Authority: 19 U.S.C. 1335; 19 U.S.C. 3721(c). § 208.1 Applicability of part. This part 208 applies to proceedings of the Commission under section 112(c) of the African Growth and Opportunity Act, as amended (19 U.S.C. 3721(c)). § 208.2 Definitions applicable to this part.

(a)*Beneficiary sub-Saharan African country.* The term “beneficiary sub-Saharan African country” means those countries so designated by the President under 19 U.S.C. 2466a.

(b)*Lesser developed beneficiary sub-Saharan African country.* The term “lesser developed beneficiary sub-Saharan African country” means a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 in 1998, as measured by the International Bank for Reconstruction and Development; Botswana; and Namibia.

(c)*Applicable 1-year period.* The term “applicable 1-year period” means the 12-month period beginning on October 1 and ending on September 30 of the following year. § 208.3 Petitions.

(a)*Who may file.* A petition under this part may be filed with the Commission by an interested party, including a producer of fabric or yarn in a beneficiary sub-Saharan African country, a producer of apparel in a lesser developed beneficiary sub-Saharan African country, or any other person who demonstrates to the satisfaction of the Commission a proper interest in filing a petition.

(b)*Contents of petition.* The Commission will consider only petitions that address a single yarn or single fabric. The term “a single yarn or single fabric” means a single product, which may be classified in more than one heading of the HTS or may be only part of a heading. A petition shall include the following information in support of a request for a Commission investigation and determination under this part, to the extent that such information is available from governmental or other sources. To the extent information is not available from such sources, the petition may be based on best estimates, including an explanation of the basis therefor. If the petition does not include the required information and/or estimates and explanation, the petition will not be accepted, and it will instead be returned to the submitter. All quantities must be expressed in the unit of quantity used in the Harmonized Tariff Schedule of the United States, showing any conversion factors used (for example, most woven fabrics are reported in square meters, and most apparel are reported in numbers of units).

(1)*Product description.* The name and description of the fabric or yarn concerned, including fiber content, yarn size, fabric construction, and finishing processes, specifying the United States tariff provision under which such article is classified (to the 8-digit level if possible) and the beneficiary sub-Saharan African country or countries in which the fabric or yarn is produced.

(2)*Statement of interest.* The names and addresses of the interested party or parties filing the petition or represented in the petition, the location and nature of their establishments, a description of the fabrics, yarns, and apparel that they produce, import, and/or sell, for each party filing or represented (including but not limited to the fabric or yarn that is a subject of the petition), and the basis for asserting that such person or entity is an interested party eligible to file a petition under this part.

(3)*Basis for certain statements.* The basis for asserting that the subject fabric or yarn produced in a beneficiary sub-Saharan African country is available in “commercial quantities” and for “use” in a lesser developed beneficiary sub-Saharan African country or countries. In support of a claim that such fabric or yarn is available in “commercial quantities,” provide evidence for the 3 most recent full years for which information is available, and partial year data for the most recent year (if less than a full year), that such fabric or yarn is available for sale to third parties and the quantities offered, and any evidence of such sales to third parties. Include advertisements or other documentation in support of such claim. In support of a claim that such fabric or yarn is available for “use” in a lesser developed beneficiary sub-Saharan African country or countries, provide evidence for the 3 most recent full years for which information is available, and partial year data for the most recent year (if less than a full year), of any offers, orders, or contracts or other supporting documentation. For orders already delivered, indicate the quantity involved and the time and location of the deliveries to the apparel producer. For orders for which deliveries have not yet been made, indicate the time or likely time of the receipt by an apparel producer in all countries where the fabric or yarn has been sold or offered for sale, including lesser developed sub-Saharan African country or countries.

(4)*Data concerning fabric and yarn.* With respect to the subject fabric or yarn:

(i)Data on production, sales, inventories, and capacity, that is supportable through documentation that can be made available to the Commission, for each firm known or believed to be producing the subject fabric or yarn in a beneficiary sub-Saharan African country, for each of the 3 most recent full years for which data are available, and partial year data for the most recent year (if less than a full year);

(ii)The name, address (house number, street, city, country, postal mailing number), telephone number, e-mail address, and contact person for each producer known or believed to be producing such fabric or yarn in a beneficiary sub-Saharan African country.

(5)*Orders from apparel producers and other users.* Data on orders from apparel producers and other users in all countries where the fabric or yarn has been sold or offered for sale, including lesser developed beneficiary sub-Saharan African countries, by country, for the most recent full year and partial year (if less than a full year), and projected orders for the 1-year period (October 1-September 30) beginning after the Commission's determination. The information furnished shall include the full fabric or yarn specification in the order, including, but not limited to, the fiber content, yarn size, fabric construction, finishing processes, quantities, projected delivery time for the fabric or yarn to the customer identified in the order, and any other information that the interested party submitting the petition believes is relevant. It shall also include the name, address (house number, street, city, country, postal mailing number), telephone number, e-mail address, and contact person

(i)for each beneficiary sub-Saharan African fabric or yarn producer identified in each reported order, and

(ii)for each lesser developed beneficiary sub-Saharan African apparel producer or other user identified in each reported order.

(6)*Estimated quantity available in next 1-year period.* Estimated production of the subject fabric or yarn, by firm, for the 1-year period (October 1-September 30) beginning after the Commission's determination, and an estimate of the quantity of such production of fabric or yarn, by firm, that will be available in lesser developed beneficiary sub-Saharan African countries in that 1-year period, and basis for that estimate, including orders and other supporting documents. § 208.4 Institution of investigations; publication of notice; and availability of petition for public inspection.

(a)*Institution of investigation and publication of notice.* The Commission, after receipt of a petition under this part, properly filed, will institute an appropriate investigation not later than 10 days after receipt of the petition, and publish notice thereof in the **Federal Register** .

(b)*Contents of notice.* The notice instituting the investigation will identify the petitioner, the fabric or yarn that is the subject of the investigation and its tariff subheading, the nature and timing of the determination to be made, the time and place of any public hearing, the deadlines for filing briefs, statements, and other documents, page limits (if any) on posthearing briefs and documents, the place at which the petition or request and any other documents filed in the course of the investigation may be inspected, and the name, address, and telephone number of the office that may be contacted for more information.

(c)*Availability for public inspection.* The Commission will promptly make each petition available for public inspection (with the exception of confidential business information). § 208.5 Public hearing.

(a)*In general.* The Commission may, in its discretion, hold a public hearing in connection with an investigation under this part. If the Commission holds a public hearing, it will do so only after having caused reasonable notice thereof to be published in the **Federal Register** .

(b)*Opportunity to appear.* All interested parties will be afforded an opportunity to be present, to present evidence, and to be heard at any such hearing. § 208.6 Service, filing, and certification of documents.

(a)*Filing.* Documents to be filed with the Commission must comply with applicable rules, including § 201.8 of this chapter. If the Commission establishes a deadline for the filing of a document, and the submitter includes confidential business information in the document, the submitter is to file the confidential version on or before the deadline date and may file the nonconfidential version no later than one business day after the deadline for filing the document. If the submitter is a party, the submitter is to serve the nonconfidential version of the document on other parties on the service list no later than one business day after the deadline for filing the document. The confidential version filed with the Commission shall enclose all confidential business information in brackets and have the following warning marked on every page: “Bracketing of CBI not final for one business day after date of filing.” The bracketing becomes final one business day after the date of filing of the document, i.e., at the same time as the nonconfidential version of the document is due to be filed. If the submitter discovers it has failed to bracket correctly, the submitter may file a corrected version or portion of the confidential document at the same time as the nonconfidential version is filed. No changes to the document other than bracketing and deletion of confidential business information are permitted after the deadline. Failure to comply with this paragraph may result in the striking of all or a portion of a submitter's document.

(b)*Service.* Any party submitting a document for the consideration of the Commission in the course of an investigation to which this part pertains shall, in addition to complying with § 201.8 of this chapter, serve a copy of the public version of such document on all other parties to the investigation in the manner prescribed in § 201.16 of this chapter. If a document is filed before the Secretary's issuance of the service list provided for in § 201.11 of this chapter, the document need not be accompanied by a certificate of service, but the document shall be served on all appropriate parties within two

(2)days of the issuance of the service list and a certificate of service shall then be filed. Notwithstanding § 201.16 of this chapter, petitions, briefs, and testimony filed by parties shall be served by hand or, if served by mail, by overnight mail or its equivalent. Failure to comply with the requirements of this rule may result in removal from status as a party to the investigation. The Commission shall make available, upon request, to all parties to the investigation a copy of each document, except transcripts of hearings, confidential business information, privileged information, and information required to be served under this section, placed in the docket file of the investigation by the Commission.

(c)*Certification.* Any person submitting factual information on behalf of the petitioner or any other interested party for the consideration of the Commission in the course of an investigation to which this part pertains, and any person submitting a response to a Commission questionnaire issued in connection with an investigation to which this part pertains, must certify that such information is accurate and complete to the best of the submitter's knowledge. § 208.7 Determinations and reports.

(a)*Determinations.* When relevant information is not available on the record or any party withholds information that has been requested by the Commission, the Commission will make its determination on the basis of the facts available. When the Commission relies on information submitted as facts available, it will, to the extent practicable, corroborate the information from independent sources that are reasonably available to the Commission.

(b)*Time for determinations and reports.* The Commission will make its determinations under section 112(c)(2)(A) and (B)(i) of AGOA and transmit its reports to the President by September 25, 2007, with respect to petitions received on or before March 28 and accepted on or before April 11, 2007, and will make its determinations by August 1 of subsequent years with respect to petitions received on or before January 15 and accepted on or before February 1 of those years.

(c)*Contents of report.* The Commission will include in its report to the President the following:

(1)The determination made with respect to whether a fabric or yarn produced in beneficiary sub-Saharan African countries is available in commercial quantities for use in lesser developed beneficiary sub-Saharan African countries, and an explanation of the basis for the determination;

(2)If the determination in paragraph (c)(1) of this section is affirmative, a determination with respect to the quantity of the fabric or yarn that will be so available in lesser developed beneficiary sub-Saharan African countries in the applicable 1-year period beginning after the determination is made;

(3)Any dissenting or separate views by members of the Commission regarding such determinations.

(c)*Public version of report.* Upon making its report to the President, the Commission will make such report public (with the exception of information which the Commission determines to be confidential), and publish a summary thereof in the **Federal Register** . § 208.8 Confidential business information; furnishing of nonconfidential summaries thereof.

(a)*Nonrelease of information.* In the case of an investigation under this part, the Commission will not release information which the Commission considers to be confidential business information within the meaning of § 201.6 of this chapter unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the Commission, or such party subsequently consents to the release of the information. When appropriate, the Commission will include confidential business information in reports transmitted to the President (and/or the United States Trade Representative); such reports will be marked as containing confidential business information, and a nonconfidential version of such report will be made available to the public.

(b)*Nonconfidential summaries.* Except as the Commission may otherwise provide, a party submitting confidential business information shall also submit to the Commission, at the time it submits such information, a nonconfidential summary of the information. If a party indicates that the confidential business information cannot be summarized, it shall state in writing the reasons why a summary cannot be provided. If the Commission finds that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosure in generalized or summarized form, the Commission may disregard the submission. By order of the Commission. Issued: February 21, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-3387 Filed 2-26-07; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF LABOR Employee Benefits Security Administration 29 CFR Part 2590 RIN 1210-AA62 Mental Health Parity AGENCY: Employee Benefits Security Administration, Department of Labor. ACTION: Interim final amendment to regulation. SUMMARY: This document contains an interim final amendment to modify the sunset date of interim final regulations under the Mental Health Parity Act

(MHPA)to be consistent with legislation passed during the 109th Congress. DATES: *Effective date.* The interim final amendment is effective December 31, 2006. *Applicability dates.* The requirements of the interim final amendment apply to group health plans and health insurance issuers offering health insurance coverage in connection with a group health plan beginning December 31, 2006. The MHPA interim final amendment extends the sunset date from December 31, 2006 to December 31, 2007. Pursuant to the extended sunset date, MHPA requirements apply to benefits for services furnished before December 31, 2007. FOR FURTHER INFORMATION CONTACT: Beth Gelman, Employee Benefits Security Administration, Department of Labor, at

(202)693-8335. *Customer Service Information:* Individuals interested in obtaining additional information on the Mental Health Parity Act and other health care laws may request copies of Department of Labor publications concerning changes in health care law by calling the EBSA Toll-Free Hotline at 1-866-444-EBSA (3272), or access the publications on-line at *http://www.dol.gov/ebsa* , the Department of Labor's Web site. Information on the Mental Health Parity Act and other health care laws is also available on the Department of Labor's interactive Web pages, Health Elaws ( *http://www.dol.gov/elaws/ebsa/health* ). SUPPLEMENTARY INFORMATION: A. Background The Mental Health Parity Act of 1996

(MHPA)was enacted on September 26, 1996 (Pub. L. 104-204, 110 Stat. 2944). MHPA amended the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act (PHS Act) to provide for parity in the application of annual and lifetime dollar limits on mental health benefits with dollar limits on medical/surgical benefits. Provisions implementing MHPA were later added to the Internal Revenue Code of 1986

(Code)under the Taxpayer Relief Act of 1997 (Pub. L. 105-34, 111 Stat. 1080). The provisions of MHPA, as originally enacted, are set forth in Part 7 of Subtitle B of Title I of ERISA, Chapter 100 of Subtitle K of the Code, and Title XXVII of the PHS Act. 1 The MHPA provisions in ERISA generally apply to all group health plans other than governmental plans, church plans, and certain other plans. These provisions also apply to health insurance issuers that offer health insurance coverage in connection with such group health plans. Generally, the Secretary of Labor enforces the MHPA provisions in ERISA, except that no enforcement action may be taken by the Secretary against issuers. However, individuals may generally pursue actions against issuers under ERISA and, in some circumstances, under state law. 1 Part 7 of Subtitle B of Title I of ERISA, Chapter 100 of Subtitle K of the Code, and Title XXVII of the PHS Act were added by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. 104-191. B. Overview of MHPA The MHPA provisions set forth in section 712 of ERISA apply to a group health plan (or health insurance coverage offered by issuers in connection with a group health plan) that provides both medical/surgical benefits and mental health benefits. MHPA's original text included a sunset provision specifying that MHPA's provisions applied to benefits for services furnished before September 30, 2001. On December 22, 1997, the Departments of Labor, the Treasury, and Health and Human Services issued interim final regulations under MHPA in the **Federal Register** (62 FR 66931). The interim final regulations included this statutory sunset date. On January 10, 2002, President Bush signed H.R. 3061 (Pub. L. 107-116, 115 Stat. 2177), the 2002 Appropriations Act for the Departments of Labor, Health and Human Services, and Education. This legislation extended MHPA's original sunset date under ERISA, the Code, and the PHS Act, so that MHPA's provisions would apply to benefits for services furnished before December 31, 2002. On March 9, 2002, President Bush signed H.R. 3090, the Job Creation and Worker Assistance Act of 2002 (Pub. L. 107-147, 116 Stat. 21), that included an amendment to section 9812 of the Code (the mental health parity provisions). This legislation further extended MHPA's original sunset date under the Code to December 31, 2003. On September 27, 2002, the Department of Labor issued an interim final amendment for mental health parity in the **Federal Register** (67 FR 60859). The interim final amendment included the new statutory sunset date under H.R. 3061, so that MHPA's provisions would apply to benefits for services furnished before December 31, 2002. The Department made the effective date of this interim final amendment to the regulations September 30, 2001. On December 2, 2002, President Bush signed H.R. 5716, the Mental Health Parity Reauthorization Act of 2002 (Pub. L. 107-313, 116 Stat. 2457), an amendment to section 712 of ERISA and Section 2705 of the PHS Act. This legislation further extended MHPA's original sunset date under ERISA and the PHS Act to December 31, 2003. On April 14, 2003, the Department of Labor issued an interim final amendment for mental health parity in the **Federal Register** (68 FR 18048). The interim final amendment included the new statutory sunset date under H.R. 5716, so that MHPA's provisions would apply to benefits for services furnished before December 31, 2003. On December 19, 2003, President Bush signed S. 1929, the Mental Health Parity Reauthorization Act of 2003 (Pub. L. 108-197, 117 Stat. 2998), an amendment to section 712 of ERISA and Section 2705 of the PHS Act. This legislation further extended MHPA's original sunset date under ERISA and the PHS Act to December 31, 2004. On January 26, 2004, the Department of Labor issued an interim final amendment for mental health parity in the **Federal Register** (69 FR 3815). The final rule included the new statutory sunset date under S. 1929, so that MHPA's provisions would apply to benefits for services furnished before December 31, 2004. On October 4, 2004, President Bush signed H.R. 1308, the Working Families Tax Relief Act of 2004 (Pub. L. 108-311, 118 Stat. 1166), an amendment to section 712 of ERISA, Section 9812 of the Code, and Section 2705 of the PHS Act which extended MHPA's original sunset date under ERISA, the Code, and the PHS Act to December 31, 2005. On December 17, 2004, the Department of Labor issued an interim final amendment for mental health parity in the **Federal Register** (69 FR 75798). The interim final amendment included the new statutory sunset date under H.R. 1308, so that MHPA's provisions would apply to benefits for services furnished before December 31, 2005. On December 30, 2005, President Bush signed H.R. 4579, the Employee Retirement Preservation Act (Pub. L. 109-151, 119 Stat. 2886) which amends ERISA, the Code, and the PHS Act to further extend MHPA's original sunset date to December 31, 2006. On March 20, 2006, the Department of Labor issued an interim final amendment for mental health parity in the **Federal Register** (71 FR 13937). The interim final amendment included the new statutory sunset date under H.R. 4579, so that MHPA's provisions would apply to benefits for services furnished before December 31, 2006. On December 20, 2006, President Bush signed H.R. 6111, the Tax Relief and Health Care Act of 2006 (Pub. L. 109-432, 120 Stat. 2922) which amends ERISA, the Code, and the PHS Act to further extend MHPA's original sunset date to December 31, 2007. Like MHPA, this amendment to MHPA applies to a group health plan (or health insurance coverage offered by issuers in connection with a group health plan) that provides both medical/surgical benefits and mental health benefits. 2 As a result of this statutory amendment, and to assist employers, plan sponsors, health insurance issuers, and workers, the Department of Labor has developed this amendment of the interim final regulations, in consultation with the Departments of the Treasury and Health and Human Services, conforming the regulatory sunset date to the new statutory sunset date. The Department is also making conforming changes extending the duration of the increased cost exemption to be consistent with the new sunset date. 2 The parity requirements under MHPA, the interim regulations, and the amendment to the interim regulations do not apply to any group health plan (or health insurance coverage offered in connection with a group health plan) for any plan year of a small employer. The term “small employer” is defined as an employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year and who employs at least 2 employees on the first day of the plan year. Since the extension of this sunset date is not discretionary, this amendment to the MHPA regulations is promulgated on an interim final basis pursuant to Section 734 of ERISA. This interim final amendment is also promulgated pursuant to Section 553(d)(3) of the Administrative Procedure Act, allowing for regulations to become effective immediately for good cause. C. Executive Order 12866 Under Executive Order 12866, the Department must determine whether a regulatory action is “significant” and therefore subject to the requirements of the Executive Order and subject to review by the Office of Management and Budget (OMB). Under section 3(f), the order defines a “significant regulatory action” as an action that is likely to result in a rule:

(1)Having an annual effect on the economy of $100 million or more, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local or tribal governments or communities (also referred to as “economically significant”);

(2)creating serious inconsistency or otherwise interfering with an action taken or planned by another agency;

(3)materially altering the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)raising novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. Pursuant to the terms of the Executive Order, it has been determined that this action is not a “significant regulatory action” within the meaning of the Executive Order. This action is an amendment to the interim final regulations and merely extends the regulatory sunset date to conform to the new statutory sunset date added by H.R. 6111. D. Paperwork Reduction Act This action does not impose any new or revised information collection requirements for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-30. Therefore, no submission for OMB approval is being made in connection with this interim final amendment. E. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* )

(RFA)imposes certain requirements with respect to federal rules that are subject to the notice and comment requirements of section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 *et seq.* ). Because this amendment to the interim final regulations is being published on an interim final basis, without prior notice and a period for comment, the Regulatory Flexibility Act does not apply. F. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) (UMRA), as well as Executive Order 12875, this interim final amendment does not include any federal mandate that may result in expenditures by state, local, or tribal governments, and does not include mandates that may impose an annual expenditure of $100 million or more on the private sector. G. Congressional Review Act This interim final amendment is subject to the Congressional Review Act provisions of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 *et seq.* ) (SBREFA), and has been transmitted to Congress and the Comptroller General for review. This amendment to the interim final regulations is not a major rule, as that term is defined by 5 U.S.C. 804. H. Federalism Statement Executive Order 13132 (August 4, 1999) outlines fundamental principles of federalism and requires the adherence to specific criteria by federal agencies in the process of their formulation and implementation of policies that have substantial direct effects on the states, the relationship between the states, the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. This interim final amendment does not have federalism implications as it only conforms the regulatory sunset date to the new statutory sunset date added by H.R. 6111. List of Subjects in 29 CFR Part 2590 Continuation coverage, Disclosure, Employee benefit plans, Group health plans, Health care, Health insurance, Medical child support, Reporting and recordkeeping requirements. Employee Benefits Security Administration 29 CFR part 2590 is amended as follows: PART 2590—RULES AND REGULATIONS FOR GROUP HEALTH PLANS 1. The authority for part 2590 continues to read as follows: Authority: 29 U.S.C. 1027, 1059, 1135, 1161-1168, 1169, 1181-1183, 1181 note, 1185, 1185a, 1185b, 1191, 1191a, 1191b, and 1191c, sec. 101(g), Pub. L. 104-191, 101 Stat. 1936; sec. 401(b), Pub. L. 105-200, 112 Stat. 645 (42 U.S.C. 651 note); Secretary of Labor's Order 1-2003, 68 FR 5374 (Feb. 3, 2003). § 2590.712 [Amended] 2. Amend § 2590.712 (f)(1), (g)(2), and

(i)by removing the date “December 31, 2006” and add in its place the date “December 31, 2007” wherever it appears in these paragraphs. Signed at Washington, DC this 21st day of February, 2007. Bradford P. Campbell, Acting Assistant Secretary, Employee Benefits Security Administration. [FR Doc. E7-3278 Filed 2-26-07; 8:45 am] BILLING CODE 4510-29-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2004-0357; FRL-8281-9] RIN 2060-AO03 National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations AGENCY: Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule; notice of reopening of public comment period. SUMMARY: Because EPA received adverse comments, we are withdrawing the direct final rule for the National Emission Standards for Hazardous Air Pollutants for Shipbuilding and Ship Repair (Surface Coating) Operations published on December 29, 2006. Additionally, this notice serves to reopen the public comment period for 60 days to facilitate the collection and submission of data by affected sources. This information will assist EPA in determining the appropriate course of action for addressing surface coating operations that are the subject of the direct final rule amendments. DATES: As of February 27, 2007, EPA withdraws the direct final rule published at 71 FR 78369 on December 29, 2006 and reopens the public comment period. *Comments.* Written comments must be received on or before April 30, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2002-0093, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail: a-and-r-docket@epa.gov* and *serageldin.mohamed@epa.gov.* • *Fax:*

(202)566-1741 and

(919)541-3470. • *Mail:* U.S. Postal Service, send comments to: Air and Radiation Docket (6102T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total of two copies. • *Hand Delivery:* In person or by courier, deliver comments to: Air and Radiation Docket (6102T), EPA West, Room 334, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies. We request that you also send a separate copy of each comment to the contact person listed below (see FOR FURTHER INFORMATION CONTACT ). *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OAR-2004-0357, (Legacy No. A-92-11). EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be confidential business information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. Send or deliver information identified as CBI only to the following address: Mr. Roberto Morales, OAQPS Document Control Officer, EPA (C404-02), Attention Docket ID No. EPA-HQ-OAR-2004-0357, (Legacy No. A-92-11), Research Triangle Park, NC 27711. Clearly mark the part or all of the information that you claim to be CBI. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket.* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-2002-0093, EPA West, Room 334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is

(202)566-1744, and the telephone number for the EPA Docket Center is

(202)566-1742. Note: The EPA Docket Center suffered damage due to flooding during the last week of June 2006. The Docket Center is continuing to operate. However, during the cleanup, there will be temporary changes to Docket Center telephone numbers, addresses, and hours of operation for people who wish to make hand deliveries or visit the Public Reading Room to view documents. Consult EPA's **Federal Register** notice at 71 FR 38147 (July 5, 2006) or the EPA Web site at *http://www.epa.gov/epahome/dockets.htm* for current information on docket operations, locations, and telephone numbers. The Docket Center's mailing address for U.S. mail and the procedure for submitting comments to *www.regulations.gov* are not affected by the flooding and will remain the same. FOR FURTHER INFORMATION CONTACT: Dr. Mohamed Serageldin, Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Natural Resources and Commerce Group (E143-03), Research Triangle Park, NC 27711, telephone number

(919)541-2379, electronic mail address *serageldin.mohamed@epa.gov.* SUPPLEMENTARY INFORMATION: Because EPA received adverse comment, we are withdrawing the direct final rule for the National Emission Standards for Hazardous Air Pollutants for Shipbuilding and Ship Repair (Surface Coating) Operations published on December 29, 2006 (71 FR 78369). We stated in that direct final rule that if we received adverse comment by January 29, 2007, the direct final rule would not take effect and we would publish a timely withdrawal in the **Federal Register** . We subsequently received adverse comment on that direct final rule and are, therefore, withdrawing the rule. EPA is also reopening the public comment period for 60 days to afford affected sources an opportunity to collect and submit additional data. EPA will evaluate the comments received, including any data and other information, and will determine the appropriate course of action for addressing the activities at issue in the direct final rule. List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements. Dated: February 21, 2007. Stephen L. Johnson, Administrator. The direct final amendments are withdrawn, accordingly, the amendments to the rule published on December 29, 2006 (71 FR 78369) are withdrawn as of February 27, 2007. [FR Doc. E7-3311 Filed 2-26-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 061124307-7013-02; I.D. 112106A] RIN 0648-AT65 Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. SUMMARY: On January 30, 2007, NMFS published a final rule implementing 2007 specifications and management measures for Atlantic mackerel, squid, and butterfish and modifying existing management measures. In the codified text of the final rule, there were errors in the description of the catch associated with the fishing mortality rate (F). Also, the acronyms used for F equal to the target F (F=0.12) and B MSY were published in the codified text without using standardized type production for these scientific terms. In the codified text for the procedures for closing the directed mackerel fishery NMFS inadvertently substituted the term “executed” for “exceeded” when describing when the Regional Administrator will close the fishery. This document corrects those errors. DATES: Effective March 1, 2007. FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy Analyst, 978-281-9272, fax 978-281-9135. SUPPLEMENTARY INFORMATION: Regulations implementing the Fishery Management Plan for the Atlantic Mackerel, Squid, and Butterfish Fisheries

(FMP)appear at 50 CFR part 648, subpart B, and regulations governing foreign fishing appear at 50 CFR part 600, subpart F. The final rule published on January 30, 2007 (72 FR 4211) and corrected on February 7, 2007 (72 FR 5643) identified the annual amounts of the initial optimum yield, allowable biological catch (ABC), domestic annual harvest, and domestic annual processing, as well as, where applicable, the amounts for total allowable level of foreign fishing and joint venture processing for the affected species managed under the FMP. The final rule implementing the Atlantic mackerel, squid, and butterfish fisheries specifications for 2007 also contained modifications to existing regulatory language to clarify that the most recent information should be used when developing annual specifications. The regulatory text contained in § 648.22(b)(2) describes the procedure for calculating mackerel's ABC using a formula ABC = T - C, where C is the estimated catch of mackerel in Canadian waters for the upcoming fishing year and T is the catch associated with a fishing mortality rate that is equal to F target at B MSY or greater and decreases linearly to zero at “1/2 B MSY ” or below. Values for “F target ” and “B MSY ” are as calculated in the most recent stock assessment. The final rule describes the reference points and formula, but does not include any values. This approach makes it clearer that the values from the most recent stock assessment are to be used when calculating mackerel ABC. The codified text, § 648.21(b)(2), published in the January 30, 2007, final rule indicated that T is the catch associated with a fishing mortality rate that decreases linearly to zero at “B MSY ” rather than “1/2 B MSY ”. This document corrects that error in addition to making editorial corrections to the second sentence in this paragraph, which did not reflect the subscript normally used in the scientific terms “B MSY ” and “F TARGET ”. Therefore, this document corrects § 648.21(b)(2)(i) appearing on page 4217 (FR Doc. E7-1445), first column, first full paragraph, first two sentences, contained in the January 30, 2007 **Federal Register** document. The final rule published January 30, 2007 (72 FR 4211) contained regulatory text, § 648.22(a) describing when NMFS will close the directed mackerel fishing. When the Regional Administrator, Northeast Region, NMFS, projects that 80 percent of the mackerel DAH is landed, a closure is necessary to prevent the DAH from being exceeded. However, the codified text contained the phrase “to prevent the DAH from being executed” rather than “exceeded”. This document corrects the codified text, § 648.22(a) on page 4217 (FR Doc. E7-1445), column 2, first sentence of paragraph (a)(1), contained in the January 30, 2007 **Federal Register** final rule document. Correction Accordingly, the final rule published on January 30, 2007, at 72 FR 4211 (FR Doc. E7-1445), to be effective March 1, 2007, is corrected as follows: 1. On page 4217, column 1, § 648.21 (b)(2)(i) is correctly revised to read as follows: § 648.21 Procedures for determining initial annual amounts.

(b)* * *

(2)* * *

(i)Mackerel ABC must be calculated using the formula ABC = T - C, where C is the estimated catch of mackerel in Canadian waters for the upcoming fishing year and T is the catch associated with a fishing mortality rate that is equal to F target at B MSY or greater and decreases linearly to zero at 1/2 B MSY or below. Values for F target and B MSY are as calculated in the most recent stock assessment. § 648.22 [Corrected] 2. On page 4217, column 2, § 648.22 (a)(1), in the seventh line, correctly revise “executed” to read “exceeded”. Dated: February 22, 2007. Samuel D. Rauch III, Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. [FR Doc. E7-3337 Filed 2-26-07; 8:45 am] BILLING CODE 3510-22-S 72 38 Tuesday, February 27, 2007 Proposed Rules DEPARTMENT OF AGRICULTURE Agriculture Marketing Service 7 CFR Part 1215 [Docket No. AMS-FV-07-0022; FV-06-706] Popcorn Promotion, Research, and Consumer Information Order; Section 610 Review AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice of regulatory review and request for comments. SUMMARY: This document announces the Agricultural Marketing Service's

(AMS)review of the Popcorn Promotion, Research, and Consumer Information Order [Order] (conducted under the Popcorn Promotion, Research, and Consumer Information Act [Act]), under the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA). DATES: Written comments on this document must be received by April 30, 2007. ADDRESSES: Interested persons are invited to submit written comments on the internet at: *http://www.regulations.gov* or to the Research and Promotion Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, U.S. Department of Agriculture, Room 0635-S, Stop 0244, 1400 Independence Avenue, SW., Washington, DC 20250-0244; FAX:

(202)205-2800. All comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be made available for public inspection in the above office during regular business hours. FOR FURTHER INFORMATION CONTACT: Deborah Simmons, Marketing Specialist, Research and Promotion Branch, FVP, AMS, USDA, Stop 0244, 1400 Independence Avenue, SW., Room 0635-S, Washington, DC 20250-0244; telephone:

(888)720-9917; fax:

(202)205-2800. SUPPLEMENTARY INFORMATION: The Popcorn Promotion, Research, and Consumer Information Act of 1996, (7 U.S.C. 7481 *et seq.* ) authorized the Popcorn Promotion, Research, and Consumer Information Order which is industry operated and funded, with oversight by USDA. The Popcorn Promotion, Research, and Consumer Information Order objective is to carry out an effective and continuous coordinated program of research, development, advertising, and promotion designed to strengthen popcorns' competitive position, and to maintain and expand domestic and foreign markets for popcorn and popcorn products. The Popcorn Promotion, Research, and Consumer Information Order (7 CFR Part 1215) became effective on September 1, 1997, and was implemented in January 1998 when assessments began. The Popcorn Board (Board) collects assessments from processors of over four million pounds of popcorn per year, regardless of the country of origin of the popcorn. The assessment rate is 6 cents per hundredweight. Assessments under this program are used to fund promotional campaigns and to conduct research in the areas of U.S. marketing, and international marketing and to enable it to exercise its duties in accordance with the Order. The Popcorn Promotion, Research, and Consumer Information Order is administered by the Popcorn Board, which is composed of nine at-large processors who were appointed by the Secretary of Agriculture from nominations submitted by eligible processors. All processors of over four million pounds of popcorn annually are eligible to participate in the nomination process. All Board members serve terms of three years. The Agricultural Marketing Service published in the **Federal Register** (71 FR 14828; March 24, 2006) its plan to review certain regulations, including the Popcorn Promotion, Research, and Consumer Information Order, (conducted under the Popcorn Promotion, Research, and Consumer Information Act), under criteria contained in Section 610 of the Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612). Because many AMS regulations impact small entities, AMS decided, as a matter of policy, to review certain regulations which, although they may not meet the threshold requirement under section 610 of the RFA, warrant review. Accordingly, this notice and request for comments is made for the Popcorn Promotion, Research, and Consumer Information Order. The purpose of the review is to determine whether the Popcorn Promotion, Research, and Consumer Information Order should be continued without change, amended, or rescinded (consistent with the objectives of the Popcorn Promotion, Research, and Consumer Information Act of 1996) to minimize the impacts on small entities. AMS will consider the continued need for the Popcorn Promotion, Research, and Consumer Information Order; the nature of complaints or comments received from the public concerning the Popcorn Promotion, Research, and Consumer Information Order; the complexity of the Popcorn Promotion, Research, and Consumer Information Order; the extent to which the Popcorn Promotion, Research, and Consumer Information Order overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local regulations; and the length of time since the Popcorn Promotion, Research, and Consumer Information Order has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the Popcorn Promotion, Research, and Consumer Information Order. Written comments, views, opinions, and other information regarding the Popcorn Promotion, Research, and Consumer Information Order's impact on small businesses are invited. Authority: 7 U.S.C. 7481-7491. Dated: February 20, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-3262 Filed 2-26-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Parts 160 and 161 [Docket No. APHIS-2006-0093] RIN 0579-AC04 National Veterinary Accreditation Program AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule; supplemental. SUMMARY: We are proposing four changes related to our proposed rule published in the **Federal Register** on June 1, 2006, that would amend the regulations regarding the National Veterinary Accreditation Program. The June 2006 proposed rule would establish two accreditation categories in place of the current single category, add requirements for supplemental training and renewal of accreditation, and offer accreditation specializations. In this supplemental proposed rule, we are proposing to adjust the scope of the two accreditation categories; to require initial accreditation training for veterinarians seeking accreditation; to require newly accredited veterinarians to renew their accreditation 3 years after completing initial accreditation training; and to reduce the training required for renewal of accreditation from the amount discussed in the June 2006 proposal. DATES: We will consider all comments that we receive on or before April 30, 2007. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov,* select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2006-0093 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2006-0093, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0093. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Dr. Todd Behre, National Veterinary Accreditation Program, VS, APHIS, 4700 River Road Unit 200, Riverdale, MD 20737;

(301)734-0853. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR chapter I, subchapter J (parts 160 through 162, referred to below as the regulations), govern the accreditation of veterinarians and the suspension and revocation of such accreditation. These regulations are the foundation for the National Veterinary Accreditation Program (NVAP). Accredited veterinarians are approved by the Administrator of the Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture (USDA), to perform certain regulatory tasks to control and prevent the spread of animal diseases throughout the United States and internationally. We published a proposal to amend the regulations in the **Federal Register** on June 1, 2006 (71 FR 31109-31121, Docket No. APHIS-2006-0093). We proposed to establish two accreditation categories (Category I and Category II) in place of the current single category, to add requirements for supplemental training and renewal of accreditation every 3 years, and to provide for accreditation specializations. We solicited comments concerning our proposal for 60 days ending July 31, 2006. We received 23 comments by that date. They were from State departments of agriculture, veterinary medical associations, universities, and individual veterinarians. In the process of considering the comments we received, we identified four changes that we believe would improve the June 2006 proposed rule. We are publishing this supplemental proposed rule to allow an opportunity for public comment on these changes. After evaluating any comments received on this supplemental proposal, we will publish a final rule addressing comments received on both the June 2006 proposed rule and this supplemental proposed rule. The four changes included in this supplemental proposal are described directly below. Changing the Scope of Category I and Category II Accreditation We are proposing to establish two categories of accreditation: Category I and Category II. Under the June 2006 proposal, veterinarians accredited under Category I would have been authorized to perform accredited duties on companion animals. The June 2006 proposal would have defined *companion animals* as animals commonly kept as pets in family households in the United States. The proposed definition specifically excluded horses, food or fiber animal species, and other livestock or poultry animals. Only Category II veterinarians, who would be required to complete more training than Category I veterinarians, would have been authorized to perform duties on those animals. Category II veterinarians would also have been authorized to perform accredited duties on companion animals. We received several comments on the June 2006 proposal that asked for clarification regarding various aspects of the scope of duties that Category I and Category II accredited veterinarians would be authorized to perform, as well as comments on what tasks Category I and Category II veterinarians should be able to perform. Two commenters noted that the phrase “commonly kept as pets” in our proposed definition of *companion animals* appeared to exclude exotic animals and nontraditional pets, such as hedgehogs, falcons, or primates, that are sometimes brought to veterinarians for health certificates; it was not clear which category of veterinarians would have been authorized to perform accredited duties on such species. One commenter asked which category of accreditation would be appropriate for zoo veterinarians. Regarding the tasks Category I and Category II veterinarians would have been required to be able to perform, one commenter recommended that Category I veterinarians be able to develop flock health plans for bird flocks, a task that we had only proposed be required for Category II veterinarians. These comments have led us to reconsider the division between Category I and Category II. Some species of animals are commonly kept as household pets but are susceptible to diseases that are subject to control or eradication by APHIS. For example, pet birds are susceptible to poultry diseases such as avian influenza and exotic Newcastle disease, and pot-bellied pigs are susceptible to the same diseases as farm-raised swine, such as pseudorabies. We would want Category II veterinarians to perform accredited duties relating to any food and fiber animal species, horses, farm-raised fish, poultry, and all other livestock. (As defined in the Animal Health Protection Act [7 U.S.C. 8301-8317], “livestock” refers to all farm-raised animals.) We would also want Category II veterinarians to perform accredited duties on birds. These types of animals are susceptible to diseases for which APHIS has regulatory control or eradication programs. Requiring that veterinarians performing accredited duties on those animals be accredited under Category II would ensure that they have the necessary training to recognize symptoms of those diseases and the necessary skills to take appropriate action. For example, as one of the commenters noted, it might be necessary for an accredited veterinarian to develop a flock health plan for a group of pet birds that had been exposed to a poultry disease like avian influenza. Similarly, a veterinarian who performs accredited duties on a pot-bellied pig would need to be able to recognize the clinical signs of pseudorabies and know what to do if the disease is found; the same would apply to any animal from a food or fiber animal species that is kept domestically. Requiring that veterinarians who deal with these species be accredited under Category II would ensure that they could perform the necessary tasks. In addition, APHIS has a program in which zoo animals that could transmit exotic animal diseases to domestic livestock are kept under postentry quarantine after importation. For ruminants, this program is outlined in § 93.404(c); for swine, this program is outlined in § 93.504(c). Other zoo animals may also present a risk to domestic livestock and may be held at zoos under similar conditions. We would want veterinarians who deal with animals that could transmit exotic animal diseases to domestic livestock to have the additional training and skills required for Category II accreditation. (Category I accreditation would be adequate for veterinarians who did not work with animals that could transmit exotic animal diseases to domestic livestock.) Therefore, in this supplemental proposal, we are proposing that Category I veterinarians be authorized to perform accredited duties only on animals other than food and fiber animals, horses, farm-raised fish, poultry, all other livestock, birds, and zoo animals that could transmit exotic animal diseases to livestock. We would refer to these animals as nonregulated animals, and add a definition of *nonregulated animals* in § 160.1. 1 We would not include the definition of *companion animals* from the June 2006 proposed rule in the regulations. We would replace all the references to companion animals in the June 2006 proposed rule with references to nonregulated animals. 1 We would consider these animals to be “nonregulated” from the perspective of the veterinary accreditation program, which is concerned with APHIS animal disease regulations. In 9 CFR parts 1, 2, and 3, APHIS has promulgated separate standards and other requirements governing the humane handling, housing, care, treatment, and transportation of animals including dogs, cats, and other animals considered nonregulated under this definition. This change would not affect those regulations. Our definition of *nonregulated animals* would also indicate that dogs and cats are examples of nonregulated animals. Under this supplemental proposal, Category I veterinarians would be required to be able to perform the tasks listed in paragraph (g)(1) of proposed § 161.1. The category of animals that are not included in the definition of *nonregulated animals* is diverse. Veterinarians pursuing accreditation under Category I should at a minimum be able to perform the tasks listed in paragraph (g)(1) of proposed § 161.1 on dogs and cats, the most common types of nonregulated animals. While we recognize that Category I veterinarians may specialize in exotic types of nonregulated animals, we would want veterinarians accredited under Category I to be able to perform the tasks listed in paragraph (g)(1) of proposed § 161.1 on common nonregulated animals as well. Relating to the tasks listed in paragraph (g)(1) of proposed § 161.1, we note that we would retain the proposed requirement that Category I veterinarians be able to recognize and report clinical signs and lesions of exotic animal diseases that occur in nonregulated animals. Some diseases for which APHIS has a regulatory control or eradication program can be found in almost any species, even though we are pursuing control or eradication of the diseases primarily in livestock or poultry. The screwworm parasite is one example. We would want Category I veterinarians to be able to recognize the screwworm parasite if a nonregulated animal, such as a dog or cat, is affected by it, so they can take the appropriate action. Under this supplemental proposal, Category II veterinarians would be authorized to perform accredited duties on all animals, both those that are susceptible to diseases for which APHIS does have a regulatory control or eradication program and those that are not. This is unchanged from the June 2006 proposal, which also would have authorized Category II veterinarians to perform accredited duties on all animals. For the most part, these changes would result in Category I and Category II veterinarians being able to perform the same scope of tasks as they would have under the June 2006 proposed rule. We believe that the division between categories is clearer in this supplemental proposal than it was in the June 2006 proposed rule. Some types of animals would have been considered companion animals on which Category I veterinarians would have been allowed to perform accredited duties under the June 2006 proposed rule, but would now be considered animals on which only Category II veterinarians could perform accredited duties; these would most prominently include pet birds. However, as discussed earlier, we believe it is necessary to require that veterinarians performing accredited duties on livestock, birds, and zoo animals be accredited under Category II. Requiring Initial Accreditation Training for All Veterinarians Seeking Accreditation The June 2006 proposal would have allowed veterinarians applying for initial accreditation to choose between Category I and Category II accreditation. Applicants seeking Category II accreditation would have been required to complete five additional supplemental training units in addition to their core orientation before they could become accredited under Category II; applicants for Category I accreditation would simply have had to complete the core orientation. However, since the publication of the June 2006 proposed rule, we have begun efforts to develop initial accreditation training that would be required to be completed by all veterinarians seeking accreditation. In this supplemental proposal, we would add a requirement that veterinarians seeking accreditation complete initial accreditation training. Veterinarians seeking accreditation under both Categories I and II would have to complete initial accreditation training prior to becoming accredited. The initial accreditation training would typically be administered in veterinary schools using content developed by APHIS, although we would ensure that it would be available through other venues for veterinarians seeking accreditation who do not graduate from U.S. veterinary schools. The initial accreditation training would supplement the core orientation described in § 161.1(e)(4) of this supplemental proposal, which is conducted by the Veterinarian-in-Charge for the State in which the applicant is applying for accreditation. The initial accreditation training would be designed to ensure that all veterinarians seeking accreditation have a common knowledge base in addition to the program administration and State-specific topics discussed in the core orientation. As mentioned earlier, the June 2006 proposal would have required that, in addition to the core orientation, veterinarians seeking Category II accreditation complete an additional five units of training prior to accreditation. Because this supplemental proposal would require all veterinarians to complete initial accreditation training, we believe that the previous requirement that Category II veterinarians complete five additional supplemental training units unnecessary. Therefore, we have not included it in this supplemental proposal. Veterinarians who complete initial accreditation training would be able to opt for accreditation under either Category I or Category II, without the additional training requirement. To accomplish these changes, we propose to revise § 161.1 of the June 2006 proposed rule by adding a new paragraph

(b)describing the division between Category I and Category II accreditation and by removing the paragraph in the June 2006 proposed rule that would have required additional training for applicants for initial accreditation under Category II. We would also add a new paragraph § 161.1(e)(3) that would require the initial accreditation training. This supplemental proposal also makes some organizational changes to § 161.1 as it was set out in the June 2006 proposal, to make the order of the regulatory provisions more consistent with the order in which the steps required for initial accreditation would need to be accomplished. These changes can be reviewed in the regulatory text at the end of this document. Requiring Newly Accredited Veterinarians To Renew Accreditation 3 Years After Completing Initial Accreditation Training In the June 2006 proposal, we would have required that accredited veterinarians complete training to renew their accreditation every 3 years. We did not specifically state how we would set the dates by which newly accredited veterinarians would have to renew their accreditation. We had intended that newly accredited veterinarians would be required to renew their accreditation 3 years after they were initially accredited. We proposed to require that veterinarians complete training to renew their accreditation in order to ensure that accredited veterinarians have up-to-date information on disease threats and other important topics involved in performing their duties. For veterinarians seeking initial accreditation, this training would be provided in the initial accreditation training, as we would require in proposed § 161.1(e)(3), and in the core orientation, described in proposed § 161.1(e)(4). Besides completing the initial accreditation training and core orientation, veterinarians seeking accreditation must also have graduated from a college of veterinary medicine and be licensed or legally able to practice veterinary medicine in the State in which the veterinarian wishes to perform accredited duties. After all these requirements are met, a veterinarian may be accredited. However, some veterinary schools may give the initial accreditation training to their students as much as 18 months before graduation. If we were to set the date by which these newly accredited veterinarians would have to renew their accreditation at 3 years from the date on which they were initially accredited, their initial accreditation training could have occurred as long as 4.5 years ago by the time they renew their accreditation. The intention of our proposed renewal provisions is to require that accredited veterinarians complete additional training every 3 years, to ensure that their training is up to date. Therefore, in this supplemental proposal, we are proposing to require that newly accredited veterinarians renew their accreditation within 3 years of completing the initial accreditation training in § 161.1(e)(3), regardless of when their accreditation is granted. Other veterinarians would have to renew their accreditation within 3 years of the previous renewal. (We would still plan to handle the initial renewal of accreditation for currently accredited veterinarians according to the procedures in § 161.3(d) of the June 2006 proposed rule.) This change would ensure that newly accredited veterinarians receive up-to-date training when they renew their accreditation. Reducing the Amount of Training Required for Renewal of Accreditation We received several comments on the June 2006 proposed rule expressing concern about the amount of training that would have been required for renewal of accreditation. After reviewing our planned training, we agree that essential topics for renewal of accreditation could be covered in fewer units of training than we would have required in the June 2006 proposal. Accordingly, this supplemental proposal reduces the amount of training we would require for renewal of Category II accreditation from nine supplemental training units to six, and the amount of training we would require for the renewal of Category I accreditation from four units to three. Miscellaneous Changes The text in proposed § 161.3(b) in the June 2006 proposed rule stated the requirements for renewal of accreditation under an accredited veterinarian's current category, but did not provide information on how to change accreditation categories. This process requires a new application, and the process for changing accreditation categories would be described in proposed § 161.1(f). This supplemental proposal would include a reference to that process in § 161.3(b). In addition, the June 2006 proposed rule referred to specific form titles and numbers when discussing applying for accreditation and renewal of accreditation. However, we do not believe it is necessary to refer to specific forms in the regulations, and doing so may impede efforts to simplify the application and renewal processes in the future. Therefore, this supplemental proposal does not include any references to specific form titles and numbers. Executive Order 12866 and Regulatory Flexibility Act This proposed rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This action supplements a proposed rule published in the **Federal Register** on June 1, 2006, that proposed to amend the regulations to establish two accreditation categories (Category I and Category II) in place of the current single category, to add requirements for supplemental training and renewal of accreditation every 3 years, and to provide for accreditation specializations. The economic analysis for the June 2006 proposed rule was set forth in that proposed rule. It included a cost-benefit analysis as required by Executive Order 12866 and an analysis of the potential economic effects on small entities as required by the Regulatory Flexibility Act. This supplemental proposal contains four changes to the June 2006 proposal: Changing the scope of Category I and Category II accreditation; requiring initial accreditation training for veterinarians seeking accreditation; requiring newly accredited veterinarians to renew their accreditation 3 years after completing core orientation; and reducing the amount of training required for renewal of accreditation. The first change could result in some veterinarians who would have been accredited under Category I under the June 2006 proposal instead being accredited under Category II. This means that the training they would have to complete, and the scope of tasks that they would have to be able to perform, would increase. Specifically, veterinarians accredited under Category II rather than Category I would have to complete six units of supplemental training every 3 years, rather than three units; they would also have to perform the more diverse list of tasks in proposed paragraph (g)(2) of § 161.1, rather than the tasks listed in proposed (g)(1). However, the marginal cost of the additional training would be expected to be minimal. The majority of the supplemental training would be delivered through the World Wide Web, with no charge to the participating veterinarians. The Internet-based training would eliminate the need for additional costs for travel and accommodations for these veterinarians taking the training. We also anticipate approving some classroom training conducted at the State level, which could then be used to fulfill part of the renewal requirement. Paper copies of training materials would also be available for a printing and mailing fee. Thus, there would be no additional costs associated with being accredited under Category II rather than Category I, except for the time spent completing the additional training. With regard to performing tasks, most graduates of veterinary school are capable of performing the tasks listed in proposed § 161.1(g)(2); therefore, we would not expect accredited veterinarians to incur any additional expenses to be able to perform them. Requiring initial accreditation training for veterinarians seeking accreditation, the second change in this supplemental proposal, would not affect the expected training burden for Category II veterinarians, as they would no longer be required to complete five separate supplemental training units. For Category I veterinarians, the initial accreditation training would be an additional time burden. Applicants for accreditation who have already completed their veterinary education, such as veterinarians from other countries, would have to take the initial accreditation training separately, but APHIS would make the training available at no cost. The third change, requiring newly accredited veterinarians to renew their accreditation 3 years after completing core orientation, would simply shift the training burden for some newly accredited veterinarians, but the amount of training they would be required to complete would remain the same. The fourth change, reducing the amount of training required for renewal of accreditation, would reduce the time burden on accredited veterinarians and thus the costs associated with maintaining their accreditation. Impact on Small Entities The Regulatory Flexibility Act requires that agencies consider the economic effects of their rules on small entities. According to the Small Business Administration's (SBA's) Office of Advocacy, regulations create economic disparities based on size when they have a significant economic impact on a substantial number of small entities. This supplemental proposed rule and the June 2006 proposal would change a continuing program. Entities that would be affected as a result of the proposed changes in the regulations would be the participating veterinarians who enter into the new NVAP program. Under the North American Industrial Classification System (NAICS), Veterinary Services (NAICS 541940) is included under the Professional, Scientific, and Technical Services subsector. The veterinary services industry comprises establishments of licensed veterinary practitioners primarily engaged in the practice of veterinary medicine, dentistry, or surgery for animals (i.e., animal hospitals, veterinary clinics, and veterinarians' offices); and establishments primarily engaged in providing testing services for licensed veterinary practitioners (i.e., veterinary testing laboratories). Veterinary services entities that have less than $5 million in annual revenues are considered small according to the SBA's standards. The number of U.S. veterinary establishments was reported to be 24,510 in 2000; they employed 219,868 people with an annual payroll of $4.82 billion (2000 County Business Patterns, NAICS, U.S. Economic Census 2000). We do not know how many of these establishments are considered small entities under the SBA's standards. However, the changes in this supplemental proposal would not be expected to have any significant economic effect on any of these 24,510 establishments whether they are small or large, since the vast majority of program costs will be borne by the Agency. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act This action supplements a proposed rule published in the **Federal Register** on June 1, 2006, that would have necessitated revisions to the Application for Veterinary Accreditation, as well as the introduction of two additional forms: An Application to Perform Accredited Duties in Another State and an Application for Renewal of Accreditation. This supplemental proposal does not affect those requirements or add new requirements that impose a paperwork burden. This supplemental proposed rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects 9 CFR Part 160 Veterinarians. 9 CFR Part 161 Reporting and recordkeeping requirements, Veterinarians. For the reasons set forth in the preamble, we propose to amend parts 160 and 161 as set out in the proposed rule published on June 1, 2006 (71 FR 31109-31121), as follows: PART 160—DEFINITION OF TERMS 1. The authority citation for part 160 would continue to read as follows: Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, and 371.4. 2. Section 160.1 is amended as follows: a. By removing the definition of *companion animals.* b. By adding, in alphabetical order, a new definition of *nonregulated animals* to read as set forth below. § 160.1 Definitions. *Nonregulated animals.* Animals other than food and fiber animals, horses, farm-raised fish, poultry, all other livestock, birds, and zoo animals that could transmit exotic animal diseases to livestock. Examples of nonregulated animals include dogs and cats. PART 161—REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION 3. The authority citation for part 161 would continue to read as follows: Authority: 7 U.S.C. 8301-8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, and 371.4. 4. In § 161.1, paragraphs

(b)through

(g)are revised to read as follows, and a new paragraph

(h)is added to read as follows: § 161.1 Statement of purpose; requirements and application procedures for accreditation.

(b)*Categories of accreditation.* A veterinarian may be accredited as a Category I veterinarian or a Category II veterinarian. A veterinarian who is accredited under Category I is only authorized to perform accredited duties on nonregulated animals, as defined in § 160.1. A veterinarian who is accredited under Category II is authorized to perform accredited duties on all animals, both regulated and nonregulated.

(c)*Application for initial accreditation.* A veterinarian may apply for accreditation by completing an application for accreditation and submitting it to the Veterinarian-in-Charge in the State where he or she wishes to perform accredited duties. In completing the application, the veterinarian will choose one of the accreditation activity categories, either Category I or Category II, as discussed in paragraph

(b)of this section. Applications for Category I accreditation must include certification that the applicant is able to perform the tasks listed in paragraph (g)(1) of this section. Applications for Category II accreditation must include certification that the applicant is able to perform the tasks listed in paragraph (g)(2) of this section. An accredited veterinarian must not perform duties requiring an accreditation specialization unless he or she is accredited under Category II and qualified to perform such duties in accordance with § 161.5 of this part.

(d)*Review of application.* Applications for accreditation received by a Veterinarian-in-Charge shall be forwarded to the State Animal Health Official for the State in which the veterinarian wishes to perform accredited duties for approval. Within 14 days after receiving an application, a State Animal Health Official shall either endorse the application or send a written statement to the Administrator explaining why it was not endorsed; but if the State Animal Health Official fails to take one of these actions within 14 days, the Veterinarian-in-Charge shall proceed to review the application. The Administrator will review the application and the written statement, if any, and determine whether the applicant meets the requirements for accreditation contained in this part.

(e)*Accreditation requirements.* The Administrator is hereby authorized to accredit a veterinarian when he or she determines that:

(1)The veterinarian is a graduate with a Doctorate of Veterinary Medicine or an equivalent degree (any degree that qualifies the holder to be licensed by a State to practice veterinary medicine) from a college of veterinary medicine;

(2)The veterinarian is licensed or legally able to practice veterinary medicine in the State in which the veterinarian wishes to perform accredited duties. APHIS will confirm the licensing status of the applicant by contacting the State board of veterinary medical examiners or any similar State organization that maintains records of veterinarians licensed in a State;

(3)The veterinarian has completed initial accreditation training, using content provided by APHIS; and

(4)The veterinarian has completed an orientation program approved by the Veterinarian-in-Charge for the State in which the veterinarian wishes to practice, and upon completion of the orientation, has signed a written statement listing the date and place of orientation, the subjects covered in the orientation, and any written materials provided to the veterinarian at the orientation. The Veterinarian-in-Charge shall also give the State Animal Health Official an opportunity to review the contents of the orientation, and invite him or her to participate in developing orientation materials and conducting the orientation. The core orientation program shall include the following topics:

(i)Federal animal health laws, regulations, and rules;

(ii)Interstate movement requirements for animals;

(iii)Import and export requirements for animals;

(iv)USDA animal disease eradication and control programs;

(v)Laboratory support in confirming disease diagnoses;

(vi)Ethical and professional responsibilities of an accredited veterinarian;

(vii)Foreign animal disease awareness;

(viii)Animal health emergency management; and

(ix)Animal health procedures, issues, and information resources relevant to the State in which the veterinarian wishes to perform accredited duties.

(f)*Change in accreditation category.* —(1) *Category I to Category II.* A veterinarian who is accredited under Category I may become accredited under Category II if the veterinarian applies for accreditation under Category II by completing an application for accreditation, including certification that the applicant is able to perform the tasks listed in paragraph (g)(2) of this section, and submitting it to the Veterinarian-in-Charge in the State where he or she wishes to perform accredited duties. The veterinarian must also have fulfilled the training requirements in § 161.3(b) that are associated with renewal of accreditation under Category II.

(2)*Category II to Category I.* A veterinarian who is accredited under Category II may become accredited under Category I if the veterinarian applies for accreditation under Category I by completing an application for accreditation, including certification that the applicant is able to perform the tasks listed in paragraph (g)(1) of this section, and submitting it to the Veterinarian-in-Charge in the State where he or she wishes to perform accredited duties. The veterinarian must also have fulfilled the training requirements in § 161.3(b) that are associated with renewal of accreditation under Category I.

(g)*Tasks that applicants for accredited status must be able to perform.* Applicants for accredited status must be able to:

(1)*Category I.*

(i)Perform physical examination of individual nonregulated animals to determine whether they are free from any clinical signs suggestive of communicable disease.

(ii)Recognize the common breeds of nonregulated animals and accurately record breed information on official documents.

(iii)Apply common animal identification for nonregulated animals.

(iv)Properly complete certificates for domestic and international movement of nonregulated animals.

(v)Perform necropsies on nonregulated animals.

(vi)Recognize and report clinical signs and lesions of exotic animal diseases that occur in nonregulated animals.

(vii)Vaccinate nonregulated animals and accurately complete the vaccination certificate.

(viii)Properly collect and ship specimen samples to appropriate laboratory for testing with complete and accurate paperwork.

(ix)Develop appropriate biosecurity protocols, as well as cleaning and disinfection protocols, to control communicable disease spread in nonregulated animals.

(2)*Category II.*

(i)Perform physical examination of individual animals and visually inspect herds or flocks to determine whether the animals are free from any clinical signs suggestive of communicable disease.

(ii)Recognize the common breeds of nonregulated animals, the types of poultry as defined by the National Poultry Improvement Plan in subchapter G of this chapter, and the common breeds of livestock, and be able to accurately record breed information on official documents.

(iii)Recognize all USDA animal identification systems.

(iv)Estimate the age of livestock using a dental formula.

(v)Apply USDA-recognized identification (e.g., eartag, microchip, tattoo) for the USDA animal identification system.

(vi)Certify the health status of a poultry flock regarding diseases of domestic or international regulatory concern, and evaluate records pertaining to flock testing and participation in Federal and State poultry health programs and classifications.

(vii)Properly complete certificates for domestic and international movement of animals.

(viii)Apply and remove official seals.

(ix)Perform necropsies on animals.

(x)Recognize and report clinical signs and lesions of exotic animal diseases.

(xi)Develop a herd or flock health plan.

(xii)Vaccinate for USDA program diseases and accurately complete the vaccination certificate.

(xiii)Properly collect and ship sample specimens to an appropriate laboratory for testing with complete and accurate paperwork.

(xiv)Properly perform testing for tuberculosis (e.g., caudal fold test).

(xv)Develop appropriate biosecurity protocols, as well as cleaning and disinfection protocols, to control communicable disease spread.

(xvi)Explain basic principles for control of diseases for which APHIS or APHIS-State cooperative programs presently exist.

(h)*Authorization to perform duties.* An accredited veterinarian may not perform accredited duties in a State until after receiving written authorization from APHIS. If a Category I accredited veterinarian completes the necessary training requirements and becomes a Category II accredited veterinarian, the veterinarian may not perform Category II accredited duties in a State until after receiving written authorization from APHIS. 5. In § 161.3, paragraphs

(a)and

(b)are revised to read as follows: § 161.3 Renewal of accreditation.

(a)Accredited veterinarians who wish to continue participating in the National Veterinary Accreditation Program must renew their accreditation every 3 years by completing an application for accreditation renewal and submitting it to APHIS. Newly accredited veterinarians must renew their accreditation within 3 years of completing the initial accreditation training described in § 161.1(e)(3) of this part, regardless of when their accreditation was granted. Other veterinarians must renew their accreditation within 3 years of the previous renewal.

(b)Accredited veterinarians who wish to renew their accreditation under Category I must complete three supplemental training units approved by APHIS by the end of their 3-year tenure as an accredited veterinarian. Accredited veterinarians who wish to renew their accreditation under Category II must complete six supplemental training units approved by APHIS by the end of their 3-year tenure as an accredited veterinarian. Accredited veterinarians who wish to change the category in which they are accredited, rather than renew accreditation in their current accreditation category, should follow the procedure in § 161.1(f) of this part. Done in Washington, DC, this 20th day of February, 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-3256 Filed 2-26-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26692; Directorate Identifier 2006-CE-89-AD] RIN 2120-AA64 Airworthiness Directives; REIMS AVIATION S.A. Model F406 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive

(AD)for the products listed above. This proposed 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: several reports regarding an important corrosion on the bearings with propagation to the bracket-hinge of the rudder. This corrosion has been discovered after rudder removals. This condition, if left uncorrected, could result in the loss of the rudder control on the airplane. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by March 29, 2007. ADDRESSES: You may send comments by any of the following methods: • DOT Docket Web Site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Fax:

(202)493-2251. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4144; fax:

(816)329-4090. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2006-26692; Directorate Identifier 2006-CE-89-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The Direction générale de l'aviation civile (DGAC), which is the aviation authority for France, has issued AD No. F-2005-081, dated May 25, 2005, (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states that there have been: several reports regarding an important corrosion on the bearings with propagation to the bracket-hinge of the rudder. This corrosion has been discovered after rudder removals. This condition, if left uncorrected, could result in the loss of the rudder control on the airplane. The MCAI requires: Within the next 100 flight hours or 3 months after the effective date of this AD, whichever occurs first, perform the REIMS AVIATION INDUSTRIES Service Bulletin No F406-57. These actions must be done in accordance with the manufacturer's technical publications. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information REIMS AVIATION S.A. has issued REIMS AVIATION INDUSTRIES Service Bulletin No. F406-57, dated April 25, 2005. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This Proposed AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 7 products of U.S. registry. We also estimate that it would take about 6 work-hours per product to comply with the proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $100 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $4,060, or $580 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, 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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 proposed regulation: 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 proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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: **REIMS AVIATION S.A.:** Docket No. FAA-2006-26692; Directorate Identifier 2006-CE-89-AD Comments Due Date

(a)We must receive comments by March 29, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Reims Aviation S.A. Model F406 airplanes, serial numbers F406-0001 through F406-0092, certificated in any category. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states that there have been: several reports regarding an important corrosion on the bearings with propagation to the bracket-hinge of the rudder. This corrosion has been discovered after rudder removals. This condition, if left uncorrected, could result in the loss of the rudder control on the airplane. Actions and Compliance

(e)Unless already done, do the following actions:

(1)Within the next 100 hours time-in-service or 3 months after the effective date of this AD, whichever occurs first, and thereafter repetitively during a period not to exceed every 12 months, unless previously accomplished in the past 12 months, inspect the rudder brackets-hinge and bearings for corrosion and lubricate the rudder bearings in accordance with the accomplishment instructions of REIMS AVIATION INDUSTRIES Service Bulletin No. F406-57, dated April 25, 2005. If corrosion is found, replace these parts before further flight

(2)Initially lubricate the rudder bearings within 600 hours time-in-service or within 12 months, whichever occurs first, after the effective date of this AD, and repetitively thereafter at intervals not to exceed 12 months. During this step, remove the rudder to realize an optimum inspection and lubrication in accordance with the accomplishment instructions of Reims Aviation Industries Service Bulletin No. F406-57, dated April 25, 2005. Note 1: We have established the repetitive inspection times of this AD so that they may coincide with annual inspections. Note 2: We encourage you to put Reims temporary revision No. 4 into the maintenance program of the F406 airplane (chapter 5-10-01, page 17 of the maintenance manual). FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows: We have added repetitive inspection requirements in the AD to coincide with the maintenance requirement in the service bulletin. Other FAA AD Provisions

(f)The following provisions also apply to this AD:

(1)Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, FAA, ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri, 64106; telephone:

(816)329-4144; fax:

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(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 (44 U.S.C. 3501 et. seq.), the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(g)Refer to MCAI Direction générale de l'aviation civile (DGAC), which is the aviation authority for France, AD No. F-2005-081, dated May 25, 2005; and REIMS AVIATION INDUSTRIES Service Bulletin No. F406-57, dated April 25, 2005, for related information. Issued in Kansas City, Missouri, on February 20, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3399 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 145 [Docket No. FAA-2006-26408] RIN 2120-AI53 Repair Stations; Extension of Comment Period AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM); extension of comment period. SUMMARY: This action extends the comment period for the Repair Stations NPRM, Docket No. FAA-2006-26408 that was published on December 1, 2006. In that document, the FAA proposed to amend the regulations for repair stations by revising the system of ratings and requiring repair stations to establish a quality program. The FAA also proposed additional changes critical to maintaining safety. On January 26, 2007, the Aeronautical Repair Station Association

(ARSA)requested an extension to the comment period for this NPRM. The FAA has considered this request and decided to extend the comment period for 45 days. DATES: Comments must be received on or before April 16, 2007. ADDRESSES: You may send comments, identified by Docket Number FAA-2006-26408, using any of the following methods: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Fax:* 1-202-493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For more information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. *Privacy:* We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. For more information, see the Privacy Act discussion in the SUPPLEMENTARY INFORMATION section of this document. *Docket:* To read background documents or comments received, go to *http://dms.dot.gov* at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: George W. Bean, General Aviation and Repair Station Branch, AFS-340, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:

(202)267-3109; facsimile:

(202)267-5115 or e-mail: *George.W.Bean@faa.gov* . SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, 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 this proposed rulemaking. The docket is available for public inspection 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 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also review the docket using the Internet at the Web address in the ADDRESSES section. *Privacy Act:* Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment 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 (65 FR 19477-78) or you may visit *http://dms.dot.gov* . Before acting on this proposal, 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 this proposal in light of the comments we receive. If you want the FAA to acknowledge receipt of your comments on this proposal, include with your comments a pre-addressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it to you. Availability of Rulemaking Documents You can get an electronic copy using the Internet by:

(1)Searching the Department of Transportation's electronic Docket Management System

(DMS)Web page ( *http://dms.dot.gov/search* );

(2)Visiting the Office of Rulemaking's Web page at *http://www.faa.gov/avr/arm/index.cfm* ; or

(3)Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html* . You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling

(202)267-9680. Make sure to identify the docket number, notice number, or amendment number of this rulemaking. Proprietary or Confidential Business Information Do not file in the docket information that you consider to be proprietary or confidential business information. Send or deliver this information directly to the person identified in the FOR FURTHER INFORMATION CONTACT section of this document. You must mark the information that you consider proprietary or confidential. If you send the information on a disk or CD ROM, mark the outside of the disk or CD ROM and also identify electronically within the disk or CD ROM the specific information that is proprietary or confidential. Under 14 CFR 11.35(b), when we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, and place a note in the docket that we have received it. If we receive a request to examine or copy this information, we treat it as any other request under the Freedom of Information Act (5 U.S.C. 552). We process such a request under the DOT procedures found in 49 CFR part 7. Background On December 1, 2006, the Federal Aviation Administration

(FAA)issued Notice of Proposed Rulemaking

(NPRM)Repair Stations (71 FR 70254, 12/01/2006). In that document, the FAA proposed to amend the regulations for repair stations by revising the system of ratings and requiring repair stations to establish a quality program. The FAA also proposed additional changes critical to maintaining safety. Comments to that document were to be received on or before March 1, 2007. By letter dated January 26, 2007, the Aeronautical Repair Station Association

(ARSA)requested that the FAA extend the comment period for NPRM Repair Stations until June 1, 2007. ARSA represents international organizations involved in designing, producing, operating, and maintaining civil aviation products. The association is mainly made up of repair stations certificated under 14 CFR part 145. Their members will be directly and significantly impacted by the changes proposed in this rulemaking. ARSA requested an extension of the comment period by 90 days to provide sufficient time to collect and compile comments from its membership before submitting those comments to the FAA. While the FAA concurs with the ARSA's request for an extension of the comment period on the Repair Stations NPRM, the FAA believes that a 90-day extension would be excessive. As the Repair Stations NPRM is lengthy, the FAA provided a 90-day comment period. Although the FAA agrees that additional time for comments may be needed by repair stations that would be affected by the proposal, this need must be balanced against the need to proceed expeditiously with this rulemaking. The FAA believes an additional 45 days would be adequate for ARSA to collect and compile comments from its membership and to provide meaningful comment on the Repair Stations NPRM to the FAA. This will also allow commenters who may have anticipated an extension in the comment period to submit their comments by a certain date. Absent unusual circumstances, the FAA does not anticipate any further extension of the comment period for this rulemaking. Extension of Comment Period In accordance with § 11.47(c) of Title 14, Code of Federal Regulations, the FAA has reviewed the request made by ARSA for extension of the comment period to the Repair Stations, NPRM. ARSA has shown a substantive interest in the proposed rule and presented good cause for the extension. The FAA also has determined that extension of the comment period is consistent with the public interest, and that good cause exists for taking this action. Accordingly, the comment period for the Repair Stations, NPRM, Docket No. FAA-2006-26408, is extended until April 16, 2007. Issued in Washington, DC, February 20, 2007. James J. Ballough, Director, Flight Standards Service, Aviation Safety. [FR Doc. E7-3331 Filed 2-26-07; 8:45 am] BILLING CODE 4910-13-P RAILROAD RETIREMENT BOARD 20 CFR Part 230 RIN 3220-AA61 Reduction and Nonpayment of Annuities by Reason of Work AGENCY: Railroad Retirement Board. ACTION: Proposed rule; withdrawal. SUMMARY: The above mentioned regulation was previously published as a proposed rule on August 16, 1995 (60 FR 42482). The Railroad Retirement Board has determined not to go final with that proposed rule and hereby withdraws the proposed rule to amend 20 CFR Part 230. ADDRESSES: 844 North Rush Street, Chicago, Illinois 60611-2092. FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, Assistant General Counsel, Office of General Counsel, Railroad Retirement Board,

(312)751-4945, FAX

(312)751-7102, TDD

(312)751-4701. Dated: February 21, 2007. Beatrice Ezerski, Secretary to the Board. [FR Doc. 07-872 Filed 2-26-07; 8:45 am]

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U.S. Code