Unknown. Final rule

15,121 words·~69 min read·/register/2007/03/05/07-986

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-03-05.xml --- 72 42 Monday, March 5, 2007 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Care Policy and Research Special Emphasis Panel, 9762-9763 07-978 07-979 Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service Air Force Air Force Department NOTICES Meetings: United Launch Alliance Industry Day, 9738-9739 E7-3771 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings;

Sunshine Act, 9726 07-1010 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9726-9728 E7-3732 E7-3733 E7-3735 Defense Defense Department See Air Force Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 9738 07-989 Disability Disability Employment Policy Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 9779-9780 E7-3648 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Personnel Development to Improve Services and Results for Children with Disabilities Program, 9739-9744 E7-3793 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: Rural Industrialization Loan and Grant Program; compliance certification requests, 9780-9781 E7-3761 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: 2-propenoic acid, methyl ester, polymer with ethenyl acetate, hydrolyzed, sodium salts Correction, 9834 Z7-3118 PROPOSED RULES Air pollutants, hazardous; national emission standards:

General provisions, 9718-9719 E7-3758 NOTICES Air pollution control: Citizen suits; proposed settlements— Center for Biological Diversity et al., 9744-9745 E7-3759 Export Export-Import Bank NOTICES Meetings; Sunshine Act, 9745 07-1016 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 9658-9660 E7-3658 Alpha Aviation Design Ltd., 9657-9658 E7-3475 Bombardier, 9666-9674 E7-3661 General Electric Co., 9662-9666 07-986 McDonnell Douglas, 9652-9655 E7-3560 Mooney Airplance Co., Inc., 9660-9662 E7-3575 SOCATA - Groupe AEROSPATIALE, 9655-9657 E7-3574 FCC Federal Communications Commission NOTICES Common carrier services:

Wireless telecommunications services— Broadband PCS spectrum auction; notice of filing requirements, etc., 9745-9762 E7-3786 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 9762 07-1014 Federal Emergency Federal Emergency Management Agency RULES Flood determination elevations: Kentucky; withdrawn, 9675-9676 E7-3724 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Maine Narrow Gage Railroad & Museum, 9831-9832 E7-3789 Union Pacific Road Co., 9831 E7-3798 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 9762 E7-3760 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Incidental take permits— Bastrop County, TX; Houston toad, 9771-9772 E7-3767 E7-3768 Williamson County, TX; golden-cheeked warbler, 9771 E7-3766 Endangered and threatened species permit applications, 9770-9771 E7-3736 Food Food and Drug Administration RULES Organizations, functions, and authority delegations: Pharmaceutical Science Advisory Committee; name and function change, 9674-9675 E7-3716 NOTICES Human drugs:

Drug products withdrawn from sale for reasons other than safety or effectiveness— LAMICTAL (lamotrigene) Tablets, 50 and 250 milligrams, 9763-9764 E7-3713 Meetings: Anti-Infective Drugs Advisory Committee et al., 9764 E7-3720 Arthritis Advisory Committee, 9764-9765 E7-3722 Cardiovascular and Renal Drugs Advisory Committee, 9765-9766 E7-3721 Cellular, Tissue and Gene Therapies Advisory Committee, 9766 E7-3712 Pharmaceutical Science and Clinical Pharmacology Advisory Committee, 9767 E7-3717 Food Food Safety and Inspection Service RULES Meat and poultry inspection:

Food labeling— Uniform compliance dates, 9651-9652 E7-3725 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 9725 E7-3729 Environmental statements; notice of intent: Bridger-Teton National Forest, WY, 9725-9726 07-987 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 9738 07-989 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

American Health Information Community, 9762 07-985 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Indian Indian Affairs Bureau RULES Tribal government: Indian rolls preparation— Western Shoshone, 9836-9840 E7-3667 NOTICES Land acquisitions into trust: Cherokee Nation of Oklahoma, 9773 E7-3715 Industry Industry and Security Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 9728-9729 E7-3734 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service See Reclamation Bureau NOTICES Watches and watch movements; allocation of duty-exemptions:

Virgin Islands, 9733 07-994 IRS Internal Revenue Service PROPOSED RULES Procedure and administration: Agreements for tax liability installment payments; withdrawn, 9712-9716 E7-3730 NOTICES Meetings: Taxpayer Advocacy Panels, 9832-9833 E7-3727 E7-3728 E7-3731 International International Trade Administration NOTICES Antidumping: Chlorinated isocyanurates from— China, 9729 E7-3791 Furfuryl alcohol from— Thailand, 9729-9730 E7-3792 Large newspaper printing presses and components, assembled or unassembled, from— Japan, 9730-9731 E7-3788 Malleable cast iron pipe fittings from— China, 9731 E7-3797 Polyethylene retail carrier bags from— China, 9731-9732 E7-3790 Stainless steel bar from— India, 9732 E7-3796 Steel concrete reinforcing bars from— Ukraine, 9732-9733 E7-3799 Watches and watch movements; allocation of duty-exemptions:

Virgin Islands, 9733 07-994 Justice Justice Department See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 9776-9777 E7-3723 Privacy Act; systems of records, 9777-9779 E7-3757 Justice Justice Programs Office NOTICES Meetings: Global Justice Information Sharing Initiative Federal Advisory Committee, 9779 07-983 Labor Labor Department See Disability Employment Policy Office See Employment and Training Administration See Occupational Safety and Health Administration NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 9738 07-989 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska groundfish, 9676-9707 E7-3775 Pollock, 9676 07-988 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic surfclam and ocean quahog, 9719-9724 E7-3776 NOTICES Environmental statements; notice of intent:

Caribbean, Gulf of Mexico, and South Atlantic fisheries— Gulf of Mexico reef fish resources, 9734-9735 E7-3777 Meetings: Gulf of Mexico Fishery Management Council, 9735-9736 E7-3738 International Commission for Conservation of Atlantic Tunas, U.S. Section Advisory Committee, 9736 E7-3778 New England Fishery Management Council, 9736-9737 E7-3787 Reports and guidance documents; availability, etc.: North American Datum of 1983 State Plane Coordinates in feet— Ohio, 9737 07-991 Wyoming, 9737-9738 07-990 National Park National Park Service NOTICES Environmental statements; availability, etc.:

Pipestone National Monument, MN, 9773 E7-3769 National Register of Historic Places; pending nominations, 9773-9775 E7-3726 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: Epstein, Eric; denied, 9708-9709 E7-3822 NOTICES Meetings: Fuel cycle facilities— Information exchange, 9781 E7-3826 Reactor Safeguards Advisory Committee, 9781-9782 E7-3824 E7-3825 Meetings; Sunshine Act, 9782-9783 07-998 07-1005 Occupational Occupational Safety and Health Administration PROPOSED RULES Occupational safety and health standards:

Ionizing radiation; occupational exposure Stakeholder meetings, 9716-9718 E7-3689 Personnel Personnel Management Office NOTICES Excepted service; positions placed or revoked, 9783-9786 E7-3756 Postal Postal Regulatory Commission NOTICES Domestic rates, fees, and mail classifications: Stationery and cards, stamped, 9786-9787 E7-3823 Reclamation Reclamation Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 9775-9776 E7-3765 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

BLDRS Index Funds Trust et al., 9787-9792 E7-3784 Liberty All-Star Equity Fund et al., 9792-9794 E7-3772 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 9794-9796 E7-3746 Chicago Board Options Exchange, Inc., 9796-9797 E7-3752 Chicago Stock Exchange, Inc., 9797-9798 E7-3753 NASDAQ Stock Market LLC, 9799-9807 E7-3742 E7-3749 E7-3751 National Association of Securities Dealers, Inc., 9807-9814 E7-3744 E7-3748 E7-3762 New York Stock Exchange LLC, 9814-9820 E7-3741 E7-3743 E7-3750 NYSE Arca, Inc., 9820-9825 E7-3739 E7-3740 E7-3745 Options Clearing Corp., 9825-9828 E7-3747 E7-3773 Philadelphia Stock Exchange, Inc., 9828-9830 E7-3763 SBA Small Business Administration NOTICES Disaster loan areas:

Pennsylvania, 9830 E7-3783 *Applications, hearings, determinations, etc.:* Emergence Capital Partners SBIC, L.P., 9830 E7-3785 Social Social Security Administration PROPOSED RULES Social security benefits and supplemental security income: Federal old age, survivors, and disability insurance, and aged, blind, and disabled— Methods for conducting personal conferences when waiver of recovery of Title II or XVI overpayment cannot be approved, 9709-9712 E7-3782 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9767-9768 E7-3764 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Idaho & Sedalia Transportation Co., LLC, 9832 E7-3567 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 9768-9770 E7-3779 E7-3780 E7-3781 Separate Parts In This Issue Part II Interior Department, Indian Affairs Bureau, 9836-9840 E7-3667 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 42 Monday, March 5, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Parts 317 and 381 [Docket No. FSIS-2006-0045] RIN 0583-AD05 Uniform Compliance Date for Food Labeling Regulations AGENCY:

Food Safety and Inspection Service, USDA. ACTION: Final rule. SUMMARY: The Food Safety and Inspection Service

(FSIS)is establishing January 1, 2010, as the uniform compliance date for new food labeling regulations that are issued between January 1, 2007, and December 31, 2008. FSIS periodically announces uniform compliance dates for new meat and poultry food labeling requirements to minimize the economic impact of label changes. On December 14, 2004, FSIS issued a final rule announcing that it will adopt uniform compliance dates and established January 1, 2008, as the uniform compliance date for food labeling regulations that issued between January 1, 2005, and December 31, 2006. DATES: *Effective Date:* This rule is effective March 5, 2007. Submit comments by April 4, 2007. ADDRESSES: FSIS invites interested persons to submit comments on this final rule. Comments may be submitted by any of the following methods: • *Federal eRulemaking Portal:* This Web site provides the ability to type short comments directly into the comment field on this Web page or attach a file for lengthier comments. Go to *http://www.regulations.gov* and, in the “Search for Open Regulations” box, select “Food Safety and Inspection Service” from the Agency drop-down menu, then click on “Submit.” In the Docket ID column, select the FDMS Docket Number FSIS-2006-0045 to submit or view public comments and to view supporting and related materials available electronically. • *Mail, including floppy disks or CD-ROM's, and hand- or courier-delivered items:* Send to FSIS Docket Room, Docket Clerk, U.S. Department of Agriculture (USDA), FSIS, 300 12th Street, SW., Room 102, Cotton Annex Building, Washington, DC 20250. • *Electronic mail: fsis.regulationscomments@fsis.usda.gov.* All submissions received must include the Agency name and docket number FSIS-2006-0045. All comments submitted in response to this final rule, as well as research and background information used by FSIS in developing this document, will be posted to the regulations.gov Web site. The background information and comments will be available for public inspection in the FSIS Docket Room at the address listed above between 8:30 a.m. and 4:30 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Robert C. Post, Ph.D., Director, Labeling and Consumer Protection Staff, Office of Policy, Program, and Employee Development, FSIS, USDA, Washington, DC 20250-3700, Telephone

(202)205-0279, Fax

(202)205-3625. SUPPLEMENTARY INFORMATION: Background FSIS periodically issues regulations that require changes in the labeling of meat and poultry food products. Many meat and poultry establishments also produce non-meat and non-poultry food products subject to the jurisdiction of the Food and Drug Administration (FDA). FDA also periodically issues regulations that require changes in the labeling of such food products. FSIS established the approach, starting in December 2004 (69 FR 74405), that it will set uniform compliance dates in two year increments and periodically issue final rules announcing those dates. This approach is similar to that employed by FDA. Two year increments enhance the industry's ability to make orderly adjustments to new labeling requirements without unduly exposing consumers to outdated labels. With this approach to effecting compliance, the meat and poultry products industry is able to plan for the use of label inventories and to develop new labeling materials that meet the requirements of all labeling regulations made within the two year period, thereby minimizing the economic impact of labeling changes. By establishing a uniform compliance date that is the same as FDA's, FSIS is providing meat and poultry product manufacturers with a greater ability to adjust production plans to new labeling requirements across all of their product lines. Establishing this policy also serves consumers' interests, because the cost of multiple short-term label revisions that would otherwise occur would likely be passed on to consumers in the form of higher prices. It will remain FSIS' policy to encourage industry to comply with new labeling regulations as quickly as feasible. Thus, when industry members voluntarily change their labels, they should consider incorporating any new requirements that have been published as final regulations up to that time. The new uniform compliance date will apply only to final FSIS regulations that require changes in the labeling of meat and poultry products and that are published after January 1, 2007, and before December 31, 2008. In each of these regulations, FSIS will specifically identify January 1, 2010, as the compliance date. All meat and poultry food products that are subject to labeling regulations promulgated between January 1, 2007, and December 31, 2008, will be required to comply with these regulations when introduced into commerce on or after January 1, 2010. If any food labeling regulation involves special circumstances that justify a compliance date other than January 1, 2010, the Agency will determine for that regulation an appropriate compliance date, which will be specified when the final regulation is published. In rulemaking that began with the publication of a proposed rule on May 4, 2004, FSIS provided notice and solicited comments on the concept of establishing uniform compliance dates for labeling requirements (69 FR 24539). FSIS received only four comments, all fully supportive of the policy to set uniform compliance dates. Therefore, FSIS finds that further rulemaking for the establishment of uniform compliance dates for labeling requirements is unnecessary. However, FSIS is providing an opportunity for comment on whether the uniform compliance date established in this final rule should be modified or revoked. Executive Order 12866: Benefit-Cost Analysis FSIS has examined the impacts of the final rule under Executive Order 12866. Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). This action has been determined to be not significant and, therefore, has not been reviewed by the Office of Management and Budget. Establishing a uniform compliance date for all future Federal food product labeling regulations affecting the meat and poultry industry that are issued by FSIS over a two year period will eliminate potentially burdensome requirements otherwise faced by the industry. The regulation also greatly limits the possibility of potentially conflicting compliance dates for labeling requirements developed for meat and poultry products and labeling requirements developed for non-meat and non-poultry products. It thus provides for an orderly industry adjustment to any new labeling requirements. Labeling changes in response to Federal regulations will likely be less frequent, and establishments will be able to plan for full utilization of their labeling stocks. Need for the Rule Establishing uniform compliance dates for food labeling regulations issued within specified time periods minimizes the economic impact of label changes for industry and may indirectly benefit consumers if cost savings are passed on in the form of lower prices. Regulatory Flexibility Analysis This rule does not have a significant economic impact on a substantial number of small entities. Consequently, an initial regulatory flexibility analysis is not required (5 U.S.C. 601-612). The uniform compliance date does not impose any burden on small entities. The Agency will conduct regulatory flexibility analyses of future labeling regulations if such analyses are required. Paperwork Requirements There are no paperwork or recordkeeping requirements associated with this policy under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Expected Environmental Effects The establishment of a uniform compliance date for food labeling regulations is an activity that will not have a significant individual or cumulative effect on the human environment. Therefore, this action is appropriately subject to the categorical exclusion from the preparation of an environmental assessment or environmental impact statement provided under 7 CFR 1b.4(6) of the U.S. Department of Agriculture regulations. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that minorities, women, and persons with disabilities are aware of this rule, FSIS will announce it on-line through the FSIS Web page located at *http://www.fsis.usda.gov/regulations_&_policies/2007_Interim_&_Final_Rules_Index/index.asp.* The Regulations.gov Web site is the central online rulemaking portal of the United States government. It is being offered as a public service to increase participation in the Federal government's regulatory activities. FSIS participates in Regulations.gov and will accept comments on documents published on the site. The site allows visitors to search by keyword or Department or Agency for rulemakings that allow for public comment. Each entry provides a quick link to a comment form so that visitors can type in their comments and submit them to FSIS. The Web site is located at *http://www.regulations.gov/.* FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, public meetings, recalls, and other types of information that could affect or would be of interest to our constituents and stakeholders. The update is communicated via Listserv, a free e-mail subscription service consisting of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have requested to be included. The update also is available on the FSIS Web page. Through Listserv and the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an e-mail subscription service that provides an automatic and customized notification when popular pages are updated, including **Federal Register** publications and related documents. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription/* and allows FSIS customers to sign up for subscription options across eight categories. Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Done at Washington, DC, on: February 27, 2007. David P. Goldman, Acting Administrator. [FR Doc. E7-3725 Filed 3-2-07; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26048; Directorate Identifier 2006-NM-191-AD; Amendment 39-14967; AD 2007-05-06] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model 717-200 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 McDonnell Douglas Model 717-200 airplanes. This AD requires replacing certain attaching hardware of the bulkhead nipple assemblies of the left and right wing vent boxes with new electrical bonding attaching hardware, doing resistance testing of the new electrical bonds, and doing fuel leakage testing of the reworked nipple assemblies. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to provide a conductive path, from the bulkhead nipple assemblies of the left and right wing vent boxes to the airframe structure inside the wing fuel tanks, to dissipate high-amperage lightning-induced currents, which might otherwise create an ignition source for fuel vapors inside the wing vent boxes and lead to an explosion of the fuel tanks. DATES: This AD becomes effective April 9, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 9, 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 Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, *Attention:* Data and Service Management, Dept. C1-L5A (D800-0024), for the service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5262; fax

(562)627-5210. 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 would apply to certain McDonnell Douglas Model 717-200 airplanes. That NPRM was published in the **Federal Register** on October 13, 2006 (71 FR 60446). That NPRM proposed to require replacing certain attaching hardware of the bulkhead nipple assemblies of the left and right wing vent boxes with new electrical bonding attaching hardware, doing resistance testing of the new electrical bonds, and doing fuel leakage testing of the reworked nipple assemblies. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Clarify Service Information Requirement One commenter, Hawaiian Airlines, requests that we clarify what service information is acceptable for compliance with the AD. The commenter asserts that the NPRM states that the use of Boeing Service Bulletin 717-28-0011, Revision 2, dated July 19, 2006, is acceptable for compliance. However, the commenter states that, although Revision 2 of the service bulletin added a leakage test of the reworked nipple assemblies, Revision 2 states that no further work is required. Therefore, the commenter inquires whether compliance with earlier revisions of the service information will be acceptable. We agree that there may be some confusion here. Service Bulletin 717-28-0011, Revision 1, dated January 24, 2006; and Revision 2, dated July 19, 2006; both state that no further work is required. However, Revision 1 added a “leak check,” and Revision 2 states that a “fueling capacity and leak check procedure” has been added. In fact, the fueling capacity and leak check procedure specified in Revision 2 combines the fuel leakage test from the original issue of the service bulletin, dated April 16, 2004, and the leak check from Revision 1 into a single step, Work Instruction 3.B.14., “fuel leakage test.” Work Instruction 3.B.14. cites a different airplane maintenance manual

(AMM)chapter than the original issue or Revision 1 of the service bulletin (AMM 28-11-00). Additionally, the remaining Work Instruction steps have been renumbered. However, if an operator accomplished the actions specified in the original issue or Revision 1 of the service bulletin prior to the effective date of the AD, and no leakage of fuel has since occurred in the subject areas, no additional work is required for compliance with the corresponding requirements of the AD. We have revised paragraph

(g)of the AD to include the original issue of the service bulletin. Request for Clarification of Class ‘L’ Reference Another commenter, AirTran Airways, states that it supports the NPRM, but expresses confusion regarding the term “class ‘L’ ” that appears in Figure 1 of Boeing Service Bulletin 717-28-0011, Revision 2. The commenter states that, although note

(e)of Figure 1 specifies to: “Do class ‘L’ resistance test * * * ” and “Refer to SWPM [standard wiring practices manual] 20-50-01,” Section 20-50-01 of the Boeing SWPM does not identify a class ‘L,’ but rather provides a maximum direct current

(DC)resistance and path for lightning protection. The commenter therefore requests that we clarify the reference to class ‘L’ in the final rule. We partially agree. It is true that note

(e)of Figure 1 of the service bulletin refers to a class ‘L’ resistance test, while Section 20-50-01 of the Boeing SWPM no longer refers to class ‘L.’ Class ‘L’ had to do with lightning protection, specified a maximum resistance of 0.0025 ohm, and appeared in earlier versions of the SWPM. However, although the term “class ‘L’ ” no longer appears in the SWPM, note

(e)of Figure 1 of the service bulletin specifies the resistance test retained in the SWPM, which states that the maximum resistance must not exceed 2.5 milliohms (0.0025 ohm). We have determined that the term “class ‘L’ ” is not important in this context, and the directions of note

(e)of Figure 1 of the service bulletin are otherwise acceptable as written; however, for clarity, we have added a note after paragraph

(f)of the AD concerning this issue. Request To Revise Compliance Time The same commenter notes that the compliance time in the NPRM does not match that in the service bulletin. The commenter states that the NPRM specifies a reduced compliance time of 78 months due to the nature of the unsafe condition, and that this difference has been coordinated with Boeing. The commenter suggests that the service bulletin should be revised to match the compliance time required by the AD. We do not agree. As stated in the NPRM, Boeing concurs with the proposed compliance time. The compliance time is clearly stated in the NPRM. Therefore, there is no safety-related purpose for revising the service bulletin. Further, we do not have the authority to require Boeing to revise the service bulletin to match the compliance time required by this AD. Therefore, we do not find it necessary to pursue any change to the service bulletin. Request To Publish Incorporation by Reference

(IBR)Documents on the Docket Management System

(DMS)The Modification and Replacement Parts Association (MARPA) asserts that IBR documents should be made available to the public by publication in the DMS, keyed to the action that incorporates them. MARPA therefore requests that such documents be published in the DMS prior to release of the final rule. We do not agree with this request. 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 AD is necessary in this regard. Request To Add FAA Statement of Intent MARPA requests that, during the NPRM stage of AD rulemaking, the FAA state its intent to IBR any relevant service information. MARPA states that without such a statement in the NPRM, it is unclear whether we will IBR the relevant service information in the final rule. We do not concur with MARPA'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 the AD is necessary in regard to this request. 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 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 There are about 138 airplanes of the affected design in the worldwide fleet. This AD affects about 108 airplanes of U.S. registry. The required actions take about 6 work hours per airplane, at an average labor rate of $80 per work hour. The manufacturer states that it will supply required parts to the operators at no cost. Based on these figures, the estimated cost of the AD for U.S. operators is $51,840, or $480 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

(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 adding the following new airworthiness directive (AD): **2007-05-06 McDonnell Douglas:** Amendment 39-14967. Docket No. FAA-2006-26048; Directorate Identifier 2006-NM-191-AD. Effective Date

(a)This AD becomes effective April 9, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to McDonnell Douglas Model 717-200 airplanes, certificated in any category; as identified in Boeing Service Bulletin 717-28-0011, Revision 2, dated July 19, 2006. Unsafe Condition

(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to provide a conductive path, from the bulkhead nipple assemblies of the left and right wing vent boxes to the airframe structure inside the wing fuel tanks, to dissipate high-amperage lightning-induced currents, which might otherwise create an ignition source for fuel vapors inside the wing vent boxes and lead to an explosion of the fuel tanks. 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. Installing Electrical Bonding, and Resistance and Fuel Leakage Testing

(f)Within 78 months after the effective date of this AD, replace certain attaching hardware of the bulkhead nipple assemblies of the left and right wing vent boxes with new electrical bonding attaching hardware, do resistance testing of the new electrical bonds, and do fuel leakage testing of the reworked nipple assemblies; in accordance with the Accomplishment Instructions of Boeing Service Bulletin 717-28-0011, Revision 2, dated July 19, 2006. Note 1: Note

(e)of Figure 1 of the service bulletin refers to a class ‘L’ resistance test. However, we have determined that the term “class ‘L’ ” is not important in this context and the directions of note

(e)of Figure 1 of the service bulletin are otherwise acceptable as written. Actions Accomplished According to Previous Issue of Service Bulletin

(g)Actions accomplished before the effective date of this AD in accordance with Boeing Service Bulletin 717-28-0011, dated April 16, 2004; or Revision 1, dated January 24, 2006; are acceptable for compliance with the corresponding actions specified in this AD. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, ANM-116, International Branch, 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 § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Material Incorporated by Reference

(i)You must use Boeing Service Bulletin 717-28-0011, Revision 2, dated July 19, 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 Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, *Attention:* Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of this service information. 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 21, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3560 Filed 3-2-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26489; Directorate Identifier 2006-CE-74-AD; Amendment 39-14966; AD 2007-05-05] RIN 2120-AA64 Airworthiness Directives; SOCATA—Groupe AEROSPATIALE Models M.S. 760, M.S. 760 A, and M.S. 760 B 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: Following Safety Alert No. SA-006, issued by the National Transportation Safety Board

(NTSB)on aircraft icing, it was impossible to demonstrate that the aircraft can safely takeoff when contaminated by frost, ice, snow, or slush, and fly into icing conditions. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 9, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 9, 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: Albert J. Mercado, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; *telephone:*

(816)329-4119; *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 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 We issued a notice of proposed rulemaking

(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 483). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Following Safety Alert No. SA-006, issued by the National Transportation Safety Board

(NTSB)on aircraft icing, it was impossible to demonstrate that the aircraft can safely takeoff when contaminated by frost, ice, snow, or slush and fly into icing conditions. The MCAI requires operational limitation on takeoff with contamination and requires a pre-takeoff check in ground icing conditions and flight into icing conditions. 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. We further analyzed this AD and determined that the limitation that prohibits TAKEOFF WITH FROST, ICE, SNOW, OR SLUSH ON THE WING, CONTROL SURFACES, HORIZONTAL TAIL, AND AIR INTAKES, * * * should be * * * WING, CONTROL SURFACES, HORIZONTAL TAIL, OR AIR INTAKES, * * * This meets the other airworthiness authority's intent and the FAA's intent of assuring that takeoff is prohibited if ice, snow, or slush is present on one of those surfaces instead of all the surfaces. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for the change described above. We determined that this change will not increase the economic burden on any operator or increase the scope of the AD. 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 a U.S. court of law. 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. These requirements, if any, take precedence over the actions copied from the MCAI. Costs of Compliance We estimate that this AD will affect 41 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $3,280, or $80 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: **2007-05-05 SOCATA—Groupe AEROSPATIALE:** Amendment 39-14966; Docket No. FAA-2006-26489; Directorate Identifier 2006-CE-74-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective April 9, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Models M.S. 760, M.S. 760 A, and M.S. 760 B airplanes, all serial numbers, certificated in any category. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states: Following Safety Alert No. SA-006, issued by the National Transportation Safety Board

(NTSB)on aircraft icing, it was impossible to demonstrate that the aircraft can safely takeoff when contaminated by frost, ice, snow, or slush and fly into icing conditions. Actions and Compliance

(e)Do the following, unless already done:

(1)Prior to the next flight after April 9, 2007 (the effective date of this AD), insert a copy of this AD into the Limitations Section of the Airplane Flight Manual

(AFM)to incorporate the following.

(i)Takeoff with frost, ice, snow, or slush on the wing, control surfaces, horizontal tail, or air intakes, and flight into icing conditions are prohibited.

(ii)Prior to each flight in which ground icing conditions exist as described in EADS SOCATA MS760 Aircraft Mandatory Service Bulletin SB 76-053, dated October 2006, perform a visual/tactile check. No visible trace of frost is acceptable, particularly on stabilizers and wing upper surfaces and leading edges as well as on air intakes.

(2)The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may do the actions of this AD. Make an entry into the aircraft records showing compliance with this AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows:

(1)The limitation in the MCAI that prohibits takeoff with frost, ice, snow, or slush on the wing, control surfaces, horizontal tail, and air intakes, * * * is changed in this AD to * * * wing, control surfaces, horizontal tail, or air intakes, * * * This meets the other airworthiness authority's intent and the FAA's intent of assuring that takeoff is prohibited if ice, snow, or slush is present on one of those surfaces instead of all the surfaces.

(2)We added information in paragraph

(e)that allows the owner/operator to insert a copy of this AD into the Limitation Section of the AFM. Without this information, a licensed mechanic would be required to do the AFM insertion. Other FAA AD Provisions

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

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

(816)329-4119; *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 European Aviation Safety Agency Emergency Airworthiness Directive AD No. 2006-0348-E, dated November 20, 2006, for related information. Material Incorporated by Reference

(h)You must use EADS SOCATA MS760 Aircraft Mandatory Service Bulletin SB 76-053, dated October 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 EADS SOCATA, Direction des Services, 65921 Tarbes Cedex 9, France; *telephone:* 33 (0)5 62.41.73.00; *fax:* 33 (0)5 62.41.76.54.

(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 22, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3574 Filed 3-2-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26493; Directorate Identifier 2006-CE-78-AD; Amendment 39-14964; AD 2007-05-03] RIN 2120-AA64 Airworthiness Directives; Alpha Aviation Design Limited (Type Certificate No. A48EU Previously Held by APEX Aircraft and AVIONS PIERRE ROBIN) Model 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: An occurrence of inadvertent manipulation of the fuel shut-off control has been reported. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective April 9, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 9, 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 487). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: An occurrence of inadvertent manipulation of the fuel shut-off control has been reported. The MCAI requires installing a protector on the fuel shut-off control. 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 a U.S. court of law. 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. These requirements, if any, 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 1 work-hour per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $400 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 $4,800, or $480 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 flyer 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: **2007-05-03 Alpha Aviation Design Limited (Type Certificate No. A48EU previously held by APEX Aircraft and AVIONS PIERRE ROBIN):** Amendment 39-14964; Docket No. FAA-2006-26493; Directorate Identifier 2006-CE-78-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective April 9, 2007. Affected ADS

(b)None. Applicability

(c)This AD applies to Model R2160 airplanes, serial numbers 1 through 378, that:

(1)Are certificated in any category; and

(2)Do not have Robin Aviation Modification No. 14 Fuel Shut-off Control Protector installed. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states: An occurrence of inadvertent manipulation of the fuel shut-off control has been reported. Actions and Compliance

(e)*Do the following actions, unless already done:* Within the next 200 hours time-in-service after April 9, 2007 (the effective date of this AD), install a protector on the fuel shut-off control according to the instructions of Robin Aviation Imperative Service Bulletin No. 180, dated March 20, 2001. 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, Small Airplane Directorate, *ATTN:* Karl Schletzbaum, Aerospace Engineer, 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 AD DCA/R2000/32, Effective Date: June 29, 2006, for related information. Material Incorporated by Reference

(h)You must use Robin Aviation Imperative Service Bulletin No. 180, dated March 20, 2001, 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 Design Limited, Ingham Road, Hamilton Airport, R.D.2. Hamilton 2020, New Zealand.

(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 22, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3475 Filed 3-2-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26684; Directorate Identifier 2006-NM-193-AD; Amendment 39-14969; AD 2007-05-08] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330 and A340 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 Airbus Model A330 and A340 airplanes. This AD requires revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness by incorporating new and revised certification maintenance requirements (CMRs). This AD results from the manufacturer's determination that additional and revised CMRs are necessary in order to ensure continued operational safety of the affected airplanes. We are issuing this AD to prevent safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition. DATES: This AD becomes effective April 9, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of April 9, 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 Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2797; 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 Airbus Model A330 and A340 airplanes. That NPRM was published in the **Federal Register** on December 27, 2006 (71 FR 77632). That NPRM proposed to require revising the Airworthiness Limitations section of the Instructions for Continued Airworthiness by incorporating new and revised certification maintenance requirements (CMRs). 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 27 Model A330 airplanes of U.S. registry. The required actions take 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 $2,160, or $80 per airplane. Currently there are no affected Model A340 airplanes on the U.S. Register. However, if an affected airplane is imported and placed on the U.S. Register in the future, the required actions would take 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 to U.S. operators is $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): **2007-05-08 Airbus:** Amendment 39-14969. Docket No. FAA-2006-26684; Directorate Identifier 2006-NM-193-AD. Effective Date

(a)This AD becomes effective April 9, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to all Airbus Model A330 and A340 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

(g)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)25-1529-1. Unsafe Condition

(d)This AD results from the manufacturer's determination that additional and revised certification maintenance requirements

(CMRs)are necessary in order to ensure continued operational safety of the affected airplanes. We are issuing this AD to prevent safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition. 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. Revise the Airworthiness Limitations Section of the Instructions for Continued Airworthiness

(f)Within 3 months after the effective date of this AD: Revise the Airworthiness Limitations section of the Instructions for Continued Airworthiness by incorporating Airbus A330 Certification Maintenance Requirements, Document 955.2074/93, Issue 19, dated March 22, 2006 (for all Model A330 airplanes); or Airbus A340 Certification Maintenance Requirements, Document 955.3019/92, Issue 14, dated December 19, 2005 (for all Model A340 airplanes). Accomplish the actions specified in the applicable CMR at the times specified in the applicable CMR and in accordance with the applicable CMR, except as provided by paragraphs (f)(1), (f)(2), (f)(3), and (f)(4) of this AD.

(1)The associated interval for any new task is to be counted from the effective date of this AD.

(2)The associated interval for any revised task is to be counted from the previous performance of the task.

(3)For Model A340 airplanes that have exceeded the more restrictive limitations of Airbus A340 Certification Maintenance Requirements, Document 955.3019/92, Issue 14, Maintenance Significant Items

(MSI)21.28.00 and 21.43.00: Do the task within 2,500 flight hours after the previous accomplishment. Repeat the task thereafter at the applicable interval in the Airbus A340 Certification Maintenance Requirements, Document 955.3019/92, Issue 14.

(4)For Model A340 airplanes that have accumulated more than 2,700 flight hours since the last maintenance done in accordance with Airbus A340 Certification Maintenance Requirements, Document 955.3019/92, Issue 14, MSI 28.24.00: Do the next task within 800 flight hours after the effective date of this AD. Repeat the task thereafter at the applicable interval in the Airbus A340 Certification Maintenance Requirements, Document 955.3019/92, Issue 14. Alternative Methods of Compliance (AMOCs) (g)(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.

(h)The European Aviation Safety Agency airworthiness directives 2006-0224, dated July 27, 2006, and 2006-0225, dated July 21, 2006, also address the subject of this AD. Material Incorporated by Reference

(i)You must use Airbus A330 Certification Maintenance Requirements, Document 955.2074/93, Issue 19, dated March 22, 2006; or Airbus A340 Certification Maintenance Requirements, Document 955.3019/92, Issue 14, dated December 19, 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 Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, 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 22, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3658 Filed 3-2-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26071; Directorate Identifier 2006-CE-51-AD; Amendment 39-14965; AD 2007-05-04] RIN 2120-AA64 Airworthiness Directives; Mooney Airplane Company, Inc., (Mooney) Models M20M and M20R Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA adopts a new airworthiness directive

(AD)for certain Mooney Airplane Company, Inc., Models M20M and M20R airplanes. This AD requires you to remove the upper left and upper right engine mount attaching hardware, cut out and remove the upholstery and insulation between the fuselage tubular frame and the firewall, and replace the upper left and upper right engine mount attaching hardware with the new parts kit. This AD results from failure of the engine mount attaching hardware to maintain torque as a result of firewall insulation and upholstery being compressed between the fuselage tubular frame and the firewall at the upper left and upper right engine mount attach points. We are issuing this AD to prevent the upper right and upper left engine mounting hardware from losing torque, which could result in a reduction in engine mount load carrying capability and could lead to engine mount failure. DATES: This AD becomes effective on April 9, 2007. As of April 9, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES: To get the service information identified in this AD, contact Mooney Airplane Company, Inc., 165 Al Mooney Road North, Kerrville, Texas 78028; *telephone:*

(830)896-6000, or go to: *http://www.mooney.com/images/pdfs/sb-pdf/m20-292a.pdf.* To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001 or on the Internet at *http://dms.dot.gov.* The docket number is FAA-2006-26071; Directorate Identifier 2006-CE-51-AD. FOR FURTHER INFORMATION CONTACT: Andrew McAnaul, Aerospace Engineer, ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; *telephone:*

(210)308-3365; *fax:*

(210)308-3370. SUPPLEMENTARY INFORMATION: Discussion On November 7, 2006, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain Mooney Airplane Company, Inc. Models M20M and M20R airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on November 7, 2006 (71 FR 65062). The NPRM proposed to retorque the upper left and upper right engine mounting hardware as an interim action. The NPRM also proposed to remove the upper left and upper right engine mount attaching hardware, cut out and remove the upholstery and insulation between the fuselage tubular frame and the firewall, and replace the upper left and upper right engine mount attaching hardware with the new parts kit. Comments We provided the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and FAA's response to each comment: *Comment Issue:* Jack Buster of the Modification and Replacement Parts Association (MARPA) suggests that paragraph

(g)of the proposed action be amended to include the Internet Uniform Resource Locator

(URL)address for the relevant service information. We agree with the commenter's (Jack Buster, MARPA) recommendation. We added the manufacturer's Internet URL address in the information on how to obtain the relevant service information. Conclusion Since the NPRM was published, the manufacturer has revised the applicable service bulletin to clarify the fastener torque requirement. The change does not change the intent of the required action and does not create any additional burden on the owners/operators. The AD will reference the appropriate service information: Mooney Airplane Company, Inc. Service Bulletin M20-292A, dated December 22, 2006, but will give credit to anyone who has already done the action per the original service bulletin. We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 198 airplanes in the U.S. registry. We estimate the following costs to accomplish the required modifications: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators Retorquing of the upper left and upper right engine mounting hardware: .5 work-hours × $80 per hour = $40 Not Applicable $40 $7,920 Removing insulation and upholstery material at the engine mount upper right and upper left attaching points, and installing engine mount attaching hardware with the new parts kit: 2 work-hours X $80 per hour = $160 $20 180 35,640 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 AD. 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 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 summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2006-26071; Directorate Identifier 2006-CE-51-AD” in your request. 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 Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. FAA amends § 39.13 by adding a new AD to read as follows: **2007-05-04 Mooney Airplane Company, Inc., (Mooney) Models M20M and M20R Airplanes:** Amendment 39-14965; Docket No. FAA-2006-26071; Directorate Identifier 2006-CE-51-AD. Effective Date

(a)This AD becomes effective on April 9, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Mooney Airplane Company, Inc., (Mooney) Model M20M airplanes, serial numbers 27-0317 through 27-0355 and Model M20R airplanes, serial numbers 29-0290 through 29-0448, that are certificated in any category. Unsafe Condition

(d)This AD is the result of failure of the engine mount attaching hardware to maintain torque as a result of firewall insulation and upholstery being compressed between the fuselage tubular frame and the firewall at the upper left and upper right engine mount attach points. The actions specified in this AD are intended to prevent the upper right and upper left engine mounting hardware from losing torque. This failure could lead to a reduction in engine mount load carrying capability and could result in engine mount failure. Compliance

(e)To address this problem, you must do the following, unless already done: Actions Compliance Procedures

(1)Locate and retorque the upper left and upper right engine mount attaching hardware Within the next 25 hours time-in-service

(TIS)after April 9, 2007 (the effective date of this AD) Follow Mooney Airplane Company, Inc. Service Bulletin M20-292A, dated December 22, 2006.

(2)Replace the old engine mount attaching hardware by doing the following:

(i)Remove and discard the upper left and upper right engine mount attaching hardware;

(ii)Cut out and remove the upholstery and insulation material to allow full metal-to-metal contact of the fuselage tubular frame to the firewall; and

(iii)Install the new upper left and upper right engine mount attaching hardware part kits Within the next 100 hours time-in-service

(TIS)after April 9, 2007 (the effective date of this AD) Follow Mooney Airplane Company, Inc. Service Bulletin M20-292A, dated December 22, 2006.

(3)If you do the actions of paragraph (e)(2) of this AD before the compliance time specified for the action in paragraph (e)(1) of this AD, it terminates the requirement for the action in paragraph (e)(1) of this AD As of April 9, 2007 (the effective date of this AD) Follow Mooney Airplane Company, Inc. Service Bulletin M20-292A, dated December 22, 2006.

(f)Compliance will be acceptable if the above actions are accomplished by following the procedures described in Mooney Airplane Company, Inc. Service Bulletin M20-292, dated September 22, 2006. You may take “unless already done” credit, and no further action per this AD is necessary. Alternative Methods of Compliance (AMOCs)

(g)The Manager, Fort Worth Airplane Certification Office, FAA, ATTN: Andrew McAnaul, Aerospace Engineer, ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; telephone:

(210)308-3365; fax:

(210)308-3370, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information

(h)None. Material Incorporated by Reference

(i)You must use Mooney Airplane Company, Inc. Service Bulletin M20-292A, dated December 22, 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 the Mooney Airplane Company, Inc., 165 Al Mooney Road North, Kerrville, TX 78028, *telephone:* 830-896-6000, or go to: *http://www.mooney.com/images/pdfs/sb-pdf/m20-292a.pdf.*

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, 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/code_of_federal_regulations/ibr_locations.html.* Issued in Kansas City, Missouri, on February 21, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3575 Filed 3-2-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23871; Directorate Identifier 2006-NE-01-AD; Amendment 39-14975; AD 2007-05-14] RIN 2120-AA64 Airworthiness Directives; General Electric Company

(GE)CF6-80C2 Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for GE CF6-80C2 series turbofan engines. This AD requires replacing certain installed part number (P/N) and serial number

(SN)cast titanium weld-repaired forward engine mount platforms and cast titanium forward mount yokes, with a forged titanium or a non-welded cast titanium part. This AD results from the discovery of cracks, in a weld-repaired area on a forward engine mount platform and a forward engine mount yoke, found during a fluorescent penetrant inspection (FPI). These parts were weld-repaired during manufacture. We are issuing this AD to prevent cracks in the forward engine mount platform and forward engine mount yoke that could result in possible separation of the engine from the airplane. DATES: This AD becomes effective April 9, 2007. ADDRESSES: You can get the service information identified in this AD from General Electric Company via Lockheed Martin Technology Services, 10525 Chester Road, Suite C, Cincinnati, Ohio 45215, telephone

(513)672-8400, fax

(513)672-8422. You may examine the AD docket on the Internet at *http://dms.dot.gov* or in Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7176; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to GE CF6-80C2 series turbofan engines. We published the proposed AD in the **Federal Register** on December 13, 2006 (71 FR 74873). That action proposed to require replacing certain installed part number (P/N) and serial number

(SN)cast titanium weld-repaired forward engine mount platforms and cast titanium forward mount yokes, with a forged titanium or a non-welded cast titanium part. Examining the AD Docket You may examine the docket that contains the AD, any comments received, and any final disposition in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone

(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the DMS receives them. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Add Airbus A310 and MD-11 Airplanes to the Applicability Commenters from Lufthansa Technik, KLM Royal Dutch Airlines, Airbus and Alitalia state that this AD is also applicable to the engines installed in the A310 and MD-11 airplanes. We agree. We inadvertently omitted the Airbus A310 and MD-11 airplanes from the Applicability section of the proposed rule. These airplanes are included in the Applicability section of the AD. Reference GE Service Bulletins Commenters from Lufthansa Technik, KLM Royal Dutch Airlines, Airbus and Alitalia also state that because the AD mandates requirements contained in GE Service Bulletins, CF6-80C2 S/B 72-1206 and CF6-80C2 S/B 72-1207, the FAA should reference the service bulletins in the final rule. We agree. The service bulletins' accomplishment instructions contain information such as applicable Aircraft Maintenance Manual sections that would clarify requirements of the AD. A reference to the service bulletins is included in the Related Information Section of the AD. Location of Weld Repair Representatives from Lufthansa Technik and KLM Royal Dutch Airlines note that paragraph

(h)of the applicability section identifies a weld repair in a redundant area of the yoke, but Table 3 identifies the weld repair in a non-redundant area of the yoke. The FAA needs to correct this inconsistency in the final rule. We agree and have changed the heading of Table 3 to read, “Weld-Repaired Forward Engine Mount Yokes Requiring Replacement That Have a Weld Repair in a Redundant Area of the Yoke.” 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 with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are 25 engines in service that contain the substandard forward engine mount platforms and 59 engines in service that contain the substandard forward engine mount yokes. We estimate that this proposed AD would affect 84 CF6-80C2 engines installed on airplanes of U.S. registry. We estimate that it would take 34 work-hours per engine to replace the weld-repaired cast titanium forward engine mount platforms and the weld-repaired cast titanium forward engine mount yokes. The average labor rate is $80 per work-hour. Required forward engine mount parts would cost about $12,168 per engine. Required forward engine mount yoke parts would cost about $39,560 per engine. Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $2,866,720. 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 summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration 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 airworthiness directive: **2007-05-14 General Electric Company:** Amendment 39-14975. Docket No. FAA-2006-23871; Directorate Identifier 2006-NE-01-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective April 9, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to the following General Electric Company

(GE)turbofan engines with cast titanium assembly engine mount platforms part numbers (P/Ns) 1292M13G06, 1301M28G08, 1459M70G07, and 1846M24G04 and cast titanium assembly engine mount yokes P/Ns 9383M43G14 and 9383M43G16 installed. CF6-80C2A1 CF6-80C2A2 CF6-80C2A3 CF6-80C2A5 CF6-80C2A8 CF6-80C2A5F CF6-80C2B1 CF6-80C2B2 CF6-80C2B4 CF6-80C2B6 CF6-80C2B1F CF6-80C2B2F CF6-80C2B4F CF6-80C2B5F CF6-80C2B6F CF6-80C2B6FA CF6-80C2B7F CF6-80C2B8F CF6-80C2D1F These engines are installed on, but not limited to, Boeing 747, Boeing 767, MD-11 and Airbus A300-600 and A310 airplanes. Unsafe Condition

(d)This AD results from the discovery of cracks in a forward engine mount platform and a forward engine mount yoke found during fluorescent penetrant inspection (FPI). We are issuing this AD to prevent cracks in the forward engine mount platform and forward engine mount yoke that could result in possible separation of the engine from 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. P/N and SN Weld-Repaired Forward Engine Mount Platforms and Forward Engine Mount Yokes Requiring Replacement

(f)Table 1 of this AD lists the P/Ns and serial numbers

(SNs)of the weld-repaired forward engine mount platforms that have a weld repair in a non-redundant area of the mount and must be replaced. Table 1.—Weld-Repaired Forward Engine Mount Platforms Requiring Replacement That Have a Weld Repair in a Non-Redundant Area of the Mount P/Ns SNs 1292M13G06 or 1846M24G04 WACHH228 WACHH254 WACHH285 WACHH290 WACHH292 WACHH295 WACHH299 WACHH384 WACHH427 WACHH440 WACHH604 1301M28G08 WACAR292 WACAR354

(g)Table 2 of this AD lists the P/Ns and SNs of the weld-repaired forward engine mount platforms that have a weld repair in a redundant area of the mount. Because it is impossible to detect whether the mount is operating on the redundant feature, each of these mounts must be replaced. The compliance time for mounts in this category can be longer than for the mounts listed in Table 1 of this AD. Table 2.—Weld-Repaired Forward Engine Mount Platforms Requiring Replacement That Have a Weld Repair in a Redundant Area of the Mount P/Ns SNs 1292M13G06 or 1846M24G04 WACHH173 WACHH189 WACHH274 WACHH278 WACHH314 WACHH325 WACHH486 1301M28G08 WACAR294 WACAR304 WACAR353 WACAR372 1459M70G07 MTXT1282

(h)Table 3 of this AD lists the P/Ns and SNs of the weld-repaired forward engine mount yokes that have a weld repair in a redundant area of the yoke. Because it is impossible to detect whether the mount yoke is operating on the redundant feature, each of these mount yokes must be replaced. The compliance time for mounts in this category can be longer than for the mounts listed in Table 1 of this AD. Table 3.—Weld-Repaired Forward Engine Mount Yokes Requiring Replacement That Have a Weld Repair in a Redundant Area of the Yoke P/Ns SNs 9383M43G14 WACV0388 WACV0394 WACV0405 WACV0406 WACV0477 WACV0498 WACV0529 WACV0556 WACV0579 WACV0581 WACV0582 WACV0600 WACV0605 WACV0617 WACV0625 WACV0627 WACV0633 WACV0645 WACV0683 WACV0703 WACV0733 WACV0737 WACV0759 WACV0775 WACV0791 WACV0799 WACV0875 WACV0883 WACV0885 WACV0909 WACV1097 WACV1615 WACV1713 WACV1753 WACV1797 WACV1867 WACV1987 WACV2131 WACV2159 WACV2185 WACV2343 WACV2511 WACV2695 WACV2707 WACV2881 WACV2899 9383M43G16 WACV0511 WACV0515 WACV0518 WACV0540 WACV0542 WACV0571 WACV0689 WACV0721 WACV0727 WACV0730 WACV0786 WACV0816 WACV0954

(i)GE advises that forward engine mount platform, P/Ns 1292M13G06 and 1846M24G04, are the same, except that P/N 1846M24G04 incorporates a previously approved field rework. This rework allows the thrust pin hole in the forward engine mount platform to be bored out to accept installation of an oversized thrust pin. GE cannot identify which SN goes with which P/N, but all SNs are affected. Welded Cast Titanium Forward Engine Mount Platform and Forward Engine Mount Yoke Removal

(j)If the P/N and SN of the forward engine mount platform listed in Table 1 and Table 2 and the forward engine mount yoke listed in Table 3 of this AD are not installed on the engine, no further action is necessary.

(k)If the P/N and SN of the forward engine mount platform listed in Table 1 of this AD is installed on the engine:

(1)Remove the forward engine mount platform from the engine within 500 cycles or 6 months, after the effective date of this AD, whichever occurs first.

(2)Information for removal of the forward engine mount platform from the engine can be found in the CF6-80C2 Engine Manual, 72-00-01, Disassembly.

(l)If the P/N and SN of the forward engine mount platform listed in Table 2 of this AD is installed on the engine:

(1)Remove the forward engine mount platform at the next shop visit, or within 4,800 cycles after the effective date of this AD, whichever occurs first.

(2)Information for removal of the forward engine mount yoke can be found in the CF6-80C2 Engine Manual, 72-00-01, Disassembly.

(m)If the P/N and SN of the forward engine mount yoke listed in Table 3 of this AD is installed on the engine:

(1)Remove the forward engine mount yoke at the next shop visit, or within 4,800 cycles after the effective date of this AD, whichever occurs first.

(2)Information for removal of the forward engine mount yoke can be found in the CF6-80C2 Engine Manual, 72-00-01, Disassembly.

(n)Replace the affected forward engine mount platform and or the affected forward engine mount yoke with a non-weld-repaired cast titanium forward engine mount platform and or the forward engine mount yoke or a forged titanium forward engine mount platform or a forged titanium forward engine mount yoke.

(o)Information for installing the forward engine mount platform and forward engine mount yoke can be found in the CF6-80C2 Engine Manual, 72-00-01, Assembly.

(p)Location of the forward engine mount platform and forward engine mount yoke and SN are illustrated in the following Figure 1. BILLING CODE 4910-13-P ER05MR07.000

(q)After the effective date of this AD, do not install a weld-repaired, cast forward engine mount platform or a weld-repaired, cast forward engine mount yoke in any engine. Alternative Methods of Compliance

(r)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information

(s)Contact James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7176; fax

(781)238-7199 for more information about this AD.

(t)General Electric Company Service Bulletins CF6-80C2 S/B 72-1206, dated December 23, 2005, and CF6-80C2 S/B 72-1207, Revision 01, dated July 05, 2006, pertain to the subject of this AD. Issued in Burlington, Massachusetts, on February 27, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 07-986 Filed 3-2-07; 8:45 am]

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