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Code · REGISTER · 2007-05-17 · Unknown

Unknown. Final rule

18,797 words·~85 min read·/register/2007/05/17/07-2460·

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-2007-05-17.xml --- 72 95 Thursday, May 17, 2007 Contents Agriculture Agriculture Department See Forest Service Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 27817 E7-9498 Healthcare Infection Control Practices Advisory Committee, 27817 E7-9479 Coast Guard Coast Guard RULES Pollution: Vessels carrying oil, noxious liquid substances, garbage, municipal or commercial waste, and ballast water, 27738-27739 07-2459 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:
Atchafalaya River, Berwick Bay, LA, 27740-27741 E7-9497 Regattas and marine parades: ULHRA Hydroplane Races; withdrawn, 27735-27738 07-2460 NOTICES Agency information collection activities; proposals, submissions, and approvals, 27832-27833 E7-9494 Organization, functions, and authority delegations: Docket Operations Facility; relocation, 27833-27834 E7-9485 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 27805-27806 E7-9446 Defense Defense Department NOTICES Meetings:
National Defense University Board of Visitors, 27806 07-2420 President's Commission on Care for America's Returning Wounded Warriors, 27806 07-2421 Employment Employment and Training Administration RULES Aliens; permanent employment in U.S.; labor certification: Fraud and abuse incentives and opportunities reduction; program integrity enhancement, 27904-27947 E7-9250 NOTICES Adjustment assistance; applications, determinations, etc.: Bayer Clothing Group, Target Sales Corp., 27851 E7-9474 Best Artex, LLC, et al., 27851-27853 E7-9475 Intel Corp., 27853 E7-9477 Tool Dex, Inc., et al., 27853-27856 E7-9476 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:
Delaware, 27787-27789 E7-9519 Water programs: Water quality standards— Puerto Rico, 27789-27798 E7-9409 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-9503 27809-27811 E7-9504 Air pollution control: State operating permits programs— Idaho, 27811 07-2439 Meetings: Gulf of Mexico Program Citizens Advisory Committee, 27811 E7-9505 FAA Federal Aviation Administration RULES Agency information collection activities; proposals, submissions, and approvals, 27732-27733 E7-9480 Airworthiness directives:
APEX Aircraft, 27721-27722 E7-9393 Boeing, 27723-27725 E7-9396 Cessna Aircraft Co., 27725-27730 E7-9398 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 27730-27732 E7-9401 PROPOSED RULES Airworthiness directives: Cirrus Design Corp., 27766-27768 07-2438 Diamond Aircraft Industries GmbH, 27768-27770 E7-9495 NOTICES Exemption petitions; summary and disposition, 27898 E7-9463 FBI Federal Bureau of Investigation NOTICES Meetings: Criminal Justice Information Services Advisory Policy Board, 27851 07-2455 FCC Federal Communications Commission NOTICES Television broadcasting:
Home shopping stations; reconsideration petition; update, 27811-27813 E7-9552 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Illinois and North Carolina, 27752-27759 07-2385 Various States, 27741-27752 07-2384 NOTICES Agency information collection activities; proposals, submissions, and approvals, 27834 E7-9507 Disaster and emergency areas: Kansas, 27834-27835 E7-9509 Maine, 27835 E7-9502 New Hampshire, 27835-27836 E7-9513 New York, 27836 E7-9511 Texas, 27836 E7-9510 Vermont, 27836-27837 E7-9512 West Virginia, 27837 E7-9508 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, E7-9460 27807-27809 E7-9461 *Applications, hearings, determinations, etc.:* CenterPoint Energy - Mississippi River Transmission Corp., 27806 E7-9459 Southern Star Central Gas Pipeline, Inc., 27806-27807 E7-9462 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:
Driver qualifications; diabetes exemptions; correction, 27901 Z7-8178 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 27813-27814 E7-9444 Banks and bank holding companies: Formations, acquisitions, and mergers, 27814-27815 E7-9441 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Holla Bend National Wildlife Refuge, AR, 27837-27838 E7-9483 Long Lake National Wildlife Refuge Complex, ND, 27838-27839 E7-9493 Endangered and threatened species:
Incidental take permits— Brevard County, FL; Florida scrub jay, 27839-27840 E7-9481 Escambia County, FL; Perdido Key beach mice, 27840-27841 E7-9484 Lake County, FL; sand skink, 27840 E7-9482 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Ivermectin; implantation or injectable dosage form, 27734-27735 E7-9515 Ivermectin and clorsulon; implantation or injectable dosage form, 27733-27734 E7-9517 Pimobendan; oral dosage form, 27733 E7-9516 MISSING FOR:
Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Puerto Rico Merck Sharpe & Dohme Auimica De Puerto Rico, Inc.; pharmaceutical manufacturing facility, 27801 E7-9539 Forest Forest Service NOTICES Environmental statements; notice of intent: Nez Perce National Forest; Idaho County, ID; designated route and motorized vehicle use, 27800-27801 07-2419 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 27815 E7-9529 National Toxicology Program:
Alternative toxicological methods evaluation— Murine local lymph node assay; comment request, scientific experts nominations, and data submission, 27815-27817 E7-9544 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 27899-27900 E7-9532 Meetings:
Taxpayer Advocacy Panels, 27900 E7-9531 E7-9537 International International Trade Administration NOTICES Antidumping: Carbon and certain alloy steel wire rod from— Mexico, 27801-27802 E7-9540 Hot-rolled carbon steel flat products from— Thailand, 27802-27804 E7-9526 International International Trade Commission NOTICES Import investigations: Sucralose, sweeteners containing sucralose, and related intermediate compounds; correction, 27848 E7-9456 Justice Justice Department See Federal Bureau of Investigation NOTICES Pollution control; consent judgments:
F.A.G. Bearings LLC, 27848 07-2412 Honolulu, 27849 07-2407 Hudson Sand and Gravel, Inc., et al., 27849 07-2411 Keystone Environmental Services, Inc., 27849-27850 07-2410 Pursue Energy Corp., 27850 07-2409 Tire Depot, Inc., et al., 27850-27851 07-2408 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.: New Mexico, 27841-27842 E7-9528 Wyoming, 27842-27843 E7-9527 Legal Legal Services Corporation NOTICES Meetings;
Sunshine Act, 27856 07-2491 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council; Science Committee, E7-9447 27856-27857 E7-9448 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 27817-27818 E7-9543 Inventions, Government-owned; availability for licensing, 27818-27821 E7-9541 Meetings: National Center for Complementary and Alternative Medicine, 27821 07-2427 National Eye Institute, 07-2425 27821-27822 07-2452 National Human Genome Research Institute, 27822 07-2429 07-2432 National Institute of Allergy and Infectious Diseases, 27822-27823, 27826 07-2426 07-2430 07-2447 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 27823-27824 07-2433 07-2434 National Institute of Child Health and Human Development, 27824 07-2435 National Institute of Dental and Craniofacial Research, 27825-27826 07-2446 National Institute of Diabetes and Digestive and Kidney Diseases, 27823 07-2428 National Institute of Neurological Disorders and Stroke, 27823 07-2431 National Institute on Aging, 27826-27827 07-2448 National Institute on Alcohol Abuse and Alcoholism, 27824-27825 07-2436 07-2442 07-2443 07-2444 Recombinant DNA Advisory Committee, 27827 07-2445 Scientific Counselors Boards;
Chairpersons, 27827-27828 07-2450 Scientific Review Center, 27828-27832 07-2418 07-2422 07-2449 07-2451 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 27759-27765 07-2417 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands Limited Access Privilege Program; public workshop, 27798-27799 E7-9530 NOTICES Meetings:
Western Pacific Regional Fishery Management Council, 27804-27805 E7-9487 National Park National Park Service NOTICES Native American human remains, funerary objects; inventory, repatriation, etc.: Forest Service, Cibola National Forest, Albuquerque, NM, 27843-27844 E7-9450 History, and Anthropology, and Philosophy Department Archaeology Laboratory; Augusta State University; Augusta, GA, 27844 E7-9453 Indian Affairs Bureau, Washington, DC and University of Colorado Museum, Boulder, CO, 27845 E7-9451 Museum of Anthropology, Washington State University, Pullman, WA, 27845-27846 E7-9455 Slater Museum of Natural History, University of Puget Sound, Tacoma, WA, 27846 E7-9449 Texas Archeological Research Laboratory, University of Texas, Austin, TX, 27846-27847 E7-9454 Washington State Parks and Recreation Commission and Thomas Burke Memorial State Museum of Natural History, WA, 27847-27848 E7-9452 Nuclear Nuclear Regulatory Commission PROPOSED RULES Geologic repository operations area; security requirements and material control and accounting requirements, 27766 E7-9520 NOTICES Environmental statements; availability, etc.:
GlaxoSmithKline Biologicals-Hamilton facility, MT, 27858-27859 E7-9522 Meetings; Sunshine Act, 27860 07-2467 *Applications, hearings, determinations, etc.:* Entergy Nuclear Vermont Yankee, L.L.C., et al, 27857-27858 E7-9524 Occupational Occupational Safety and Health Administration PROPOSED RULES Safety and health standards, etc.: Personal protective equipment; agency standards update, 27771-27782 E7-9315 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:
Lincoln Variable Insurance Products Trust, et al., 27860-27867 E7-9478 Joint Industry Plan: American Stock Exchange LLC, et al., 27867-27868 E7-9437 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 27868-27881 E7-9464 E7-9465 E7-9469 E7-9470 Chicago Mercantile Exchange, 27881-27884 E7-9501 International Securities Exchange, LLC, 27884-27885 E7-9500 NASDAQ Stock Market LLC, 27885-27891 E7-9466 E7-9467 National Association of Securities Dealers, Inc., 27891-27893 E7-9471 New York Stock Exchange LLC, 27893-27895 E7-9438 NYSE Arca Inc., 27895-27896 E7-9439 SBA Small Business Administration NOTICES Disaster loan areas:
Maine, E7-9486 E7-9488 27896-27897 E7-9490 New York, 27897 E7-9489 Social Social Security Administration NOTICES Privacy Act; computer matching programs, 27897-27898 E7-9443 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: West Virginia, 27782-27787 E7-9506 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration PROPOSED RULES Economic regulations:
Aircraft gate returns; reporting requirements; meeting, 27771 E7-9209 Airline data; Internet submissions; meeting, 27770-27771 E7-9210 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 27898-27899 E7-9514 Separate Parts In This Issue Part II Labor Department, Employment and Training Administration, 27904-27947 E7-9250 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 95 Thursday, May 17, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27531 Directorate Identifier 2007-CE-020-AD; Amendment 39-15054; AD 2007-10-13] RIN 2120-AA64 Airworthiness Directives;
APEX Aircraft (Type Certificate No. A36EU Formerly Held by AVIONS MUDRY et CIE) Model CAP 10 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: * * * the discovery of cracks on aileron spades of an in-service CAP 10B aircraft. The consequence on the aircraft of these cracks might be the loss of the airplane rolling control. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective June 21, 2007. On June 21, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. 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: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4145; 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 March 23, 2007 (72 FR 13712). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that: * * * the discovery of cracks on aileron spades of an in-service CAP 10B aircraft. The consequence on the aircraft of these cracks might be the loss of the airplane rolling control. APEX AIRCRAFT has designed a new models of inboard and mid-aileron spades supports which shall be installed in place of the previous supports models if cracks are found. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 31 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $2,480 or $80 per product. In addition, we estimate that any necessary follow-on actions would take about 6 work-hours and require parts costing $2,500, for a cost of $2,980 per product. We have no way of determining the number of products that may need these actions. 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: **2007-10-13 APEX Aircraft (Type Certificate No. A36EU formerly held by AVIONS MUDRY et CIE):** Amendment 39-15054; Docket No. FAA-2007-27531; Directorate Identifier 2007-CE-020-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective June 21, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Model CAP 10 B airplanes; serial numbers 001 through 299, fitted with major change 000302 (fiber carbon spar), and serial numbers 300 and up; that are certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 57: Wings. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: * * * the discovery of cracks on aileron spades of an in-service CAP 10B aircraft. The consequence on the aircraft of these cracks might be the loss of the airplane rolling control. Actions and Compliance
(f)Unless already done, do the following actions:
(1)Within the next 50 hours time-in-service
(TIS)after the effective date of this AD and repetitively thereafter at intervals not to exceed 50 hours TIS, inspect the spades supports for cracks following the ACCOMPLISHMENT INSTRUCTIONS of APEX Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 2004. Replacement of the spades supports with ones with a letter “A” marking per APEX Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 2004, terminates the inspection requirements of this AD.
(2)Before further flight, if cracks are found during any inspection required by paragraph (f)(1) of this AD, replace the spades supports following the ACCOMPLISHMENT INSTRUCTIONS of APEX Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 2004. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: The MCAI and service bulletin require the initial inspection action within 10 hours TIS. We consider 10 hours TIS an urgent safety of flight compliance time, and we do not consider this unsafe condition to be an urgent safety of flight condition. Because we do not consider this unsafe condition to be an urgent safety of flight condition, we issued this action through the normal notice of proposed rulemaking
(NPRM)AD process. The initial inspection time of 50 hours TIS is an adequate compliance for this AD action and met the FAA requirements for an NPRM followed by a final rule. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4145; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(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
(h)Refer to MCAI Direction générale de l'aviation civile AD No. F-2005-049, dated March 30, 2005; and APEX Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 2004. Material Incorporated by Reference
(i)You must use APEX Aircraft Mandatory Service Bulletin No. 040401, dated October 29, 2004, 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 Apex Aircraft, Bureau de Navigabilité, 1, route de Troyes, 21121 DAROIS—France; telephone: +33 380 35 65 10; fax +33 380 35 65 15; e-mail: *airworthiness@apex-aircraft.com;* Internet: *http://www.apex-aircraft.com.*
(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 May 9, 2007. Charles L. Smalley, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-9393 Filed 5-16-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-22288; Directorate Identifier 2005-NM-132-AD; Amendment 39-15050; AD 2007-10-09] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747-400 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain Boeing Model 747-400 series airplanes. This AD requires repetitive inspections for any crack in the upper deck floor beam at station 400, which include inspecting the floor beam web and chords, certain fastener holes at the intersection of the floor beam and frame on both sides of the airplane, and certain floor panel attachment fastener holes at the floor beam upper chords. This AD also requires corrective action if necessary. This AD results from several reports indicating that fatigue cracking was found in upper deck floor beams made from 7000 series aluminum alloy. We are issuing this AD to detect and correct cracking in the upper deck floor beam at station 400, which could extend and sever the floor beam. A severed floor beam could result in loss of controllability and rapid decompression of the airplane. DATES: This AD becomes effective June 1, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 1, 2007. We must receive comments on this AD by July 16, 2007. ADDRESSES: Use one of the following addresses to submit comments on this AD. • DOT Docket web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • Fax:
(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone
(425)917-6437; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: 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 Boeing Model 747-400 series airplanes. That NPRM was published in the **Federal Register** on September 6, 2005 (70 FR 52943). That NPRM proposed to require doing a conductivity test of the upper deck floor beam at station 400 to identify the floor beam material. If the floor beam is manufactured from 7050 aluminum alloy, that NPRM also proposed to require inspecting the upper deck floor beam and certain fastener holes at the floor beam upper chord for cracking; repairing any cracking if necessary; and doing a preventative modification. Actions Since NPRM Was Issued Since we issued the NPRM, Boeing has published Alert Service Bulletin 747-53A2660, dated November 16, 2006, to replace Boeing Alert Service Bulletin 747-53A2509, dated June 9, 2005. In the NPRM, we referred to Boeing Alert Service Bulletin 747-53A2509 as the appropriate source of service information for accomplishing the proposed conductivity test, one-time inspections of the upper deck floor beam and certain fastener holes for cracking and repair if necessary, reporting requirement, and preventative modification. We proposed the conductivity test and reporting requirement to find the two upper deck floor beams that were made from 7050-T7451 aluminum alloy, which are more susceptible to fatigue cracking. After several operators accomplished the conductivity test specified in Boeing Alert Service Bulletin 747-53A2509, the discrepant upper deck floor beams were found on two airplanes at station 400. Therefore, we have revised the applicability in paragraph
(c)of this AD to include only those affected airplanes. Since the proposed conductivity test and reporting requirement, which were specified in paragraphs
(f)and (f)(2) of the NPRM respectively, are no longer required, we have deleted those actions from this AD. Further, we have also deleted the preventative modification, which was specified in paragraph (f)(3) of the NPRM. This AD instead requires accomplishing new repetitive inspections, which are specified in paragraphs (f)(1), (f)(2), and (f)(3) of this AD. We have determined that the new repetitive inspections are sufficient to maintain an acceptable level of safety. We have described the new repetitive inspections under “Relevant Service Information.” Relevant Service Information We have reviewed Boeing Alert Service Bulletin 747-53A2660, dated November 16, 2006. Part 1 of the Accomplishment Instructions of the service bulletin describes procedures for doing
(1)repetitive detailed inspections for any crack in the upper deck floor beam at the intersection of the floor beam and frame on both sides of the airplane,
(2)repetitive open hole high frequency eddy current
(HFEC)inspections for any crack in certain fastener holes at the intersection of the floor beam upper chord and the frame inner chord on both sides of the airplane, and
(3)corrective actions if necessary. The corrective actions include
(1)contacting Boeing for repair instructions if any crack is found in the floor beam during any detailed inspection,
(2)oversizing the cracked fastener holes at the intersection of the floor beam upper chord and frame inner chord, and doing open hole HFEC inspections of the oversized faster holes, if any crack is found in the fastener holes during any HFEC inspection,
(3)installing an oversized fastener, if no crack is found in an oversized fastener hole and a minimum edge margin of 1.7D is maintained, and
(4)contacting Boeing for repair instructions if any crack in a fastener hole cannot not be removed by oversizing the fastener hole and maintaining a minimum edge margin of 1.7D. Part 2 of the Accomplishment Instructions of the service bulletin describes procedures for doing repetitive open hole HFEC inspections for any crack in the upper deck floor beam at all floor panel attachment fastener holes through the forward and aft horizontal flanges of the floor beam upper chord, from the left body frame to the right body frame; and doing corrective actions if necessary. The corrective action includes contacting Boeing for repair instructions if any crack is found at the floor panel attachment fastener holes. The service bulletin specifies accomplishing the initial inspections in Parts 1 and 2 of the Accomplishment Instructions before the airplane has accumulated 18,000 total flight cycles. The service bulletin also specifies a repetitive interval of 10,000 flight cycles for the inspections in Part 1 of the Accomplishment Instructions and a repetitive interval of 6,000 flight cycles for the inspection in Part 2 of the Accomplishment Instructions. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Clarify the Source of Reported Cracking Boeing requests that we clarify that this AD results from several reports of fatigue cracking found in upper deck floor beams made from 7000 series aluminum alloy, not 7050 aluminum alloy. Boeing states that 7050 aluminum alloy was not yet an option when cracking was found in the upper deck floor beams on Model 747 airplanes; cracking was found on airplanes with 7075-T6 upper deck floor beams, which prompted issuance of other related rulemaking (as identified in the NPRM) to address that unsafe condition. The commenter also states that the fatigue and crack growth in the 7050 beams is expected to be marginally better than in the 7075 beams. We agree with Boeing's request and have revised the “Summary” and paragraph
(d)of this AD. Clarification of Alternative Method of Compliance
(AMOC)Paragraph We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. FAA's Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other airplanes of the same type design that may be registered in the U.S. at some time in the future. Therefore, we are issuing this AD to detect and correct cracking in the upper deck floor beam, which could extend and sever the floor beam. A severed floor beam could result in loss of controllability and rapid decompression of the airplane. This AD requires accomplishing the actions specified in the service information described previously. Explanation of Changes to Costs of Compliance In the NPRM, we estimated that there are about 123 airplanes of the affected design in the worldwide fleet and about 17 airplanes of U.S. registry. However, since issuance of the NPRM, we have determined that only 2 airplanes are affected by this AD. Those affected airplanes are currently operated by non-U.S. operators under foreign registry. Therefore, we have revised the “Costs of Compliance” accordingly. After the NPRM was issued, we reviewed the figures we have used over the past several years to calculate AD costs to operators. To account for various inflationary costs in the airline industry, we find it necessary to increase the labor rate used in these calculations from $65 per work hour to $80 per work hour. The cost impact information, below, reflects this increase in the specified hourly labor rate. Costs of Compliance If an affected airplane is imported and placed on the U.S. Register in the future, the required inspections would take about 5 work hours, at an average labor rate of $80 per work hour. Based on these figures, we estimate the cost of this AD to be $400 per airplane, per inspection cycle. FAA's Determination of the Effective Date No airplane affected by this AD is currently on the U.S. Register. Therefore, providing notice and opportunity for public comment is unnecessary before this AD is issued, and this AD may be made effective in less than 30 days after it is published in the **Federal Register** . Comments Invited This AD is a final rule that involves requirements that affect flight safety. The new requirements, which are to be done in accordance with Boeing Alert Service Bulletin 747-53A2660, dated November 16, 2006, were not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2005-22288; Directorate Identifier 2005-NM-132-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov* . Examining the Docket You may examine the 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 DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. 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 the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this 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): **2007-10-09 Boeing:** Amendment 39-15050. Docket No. FAA-2005-22288; Directorate Identifier 2005-NM-132-AD. Effective Date
(a)This AD becomes effective June 1, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 747-400 series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 747-53A2660, dated November 16, 2006. Unsafe Condition
(d)This AD results from several reports indicating that fatigue cracking was found in upper deck floor beams made from 7000 series aluminum alloy. We are issuing this AD to detect and correct cracking in the upper deck floor beam at station 400, which could extend and sever the floor beam. A severed floor beam could result in loss of controllability and rapid decompression of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Repetitive Inspections and Corrective Actions
(f)At the applicable times specified in Table 1 of paragraph 1.E. of Boeing Alert Service Bulletin 747-53A2660, dated November 16, 2006, do the actions specified in paragraphs (f)(1), (f)(2), and (f)(3) of this AD and do all applicable corrective actions, by accomplishing all the applicable actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2660, dated November 16, 2006; except where the service bulletin specifies to contact Boeing for appropriate action: Before further flight, repair the crack using a method approved in accordance with paragraph
(g)of this AD. Do all applicable corrective actions before further flight.
(1)Repetitive detailed inspections for any crack in the upper deck floor beam at the intersection of the floor beam and frame on both sides of the airplane.
(2)Repetitive open hole high frequency eddy current
(HFEC)inspections for any crack in certain fastener holes at the intersection of the floor beam upper chord and the frame inner chord on both sides of the airplane.
(3)Repetitive open hole HFEC inspections for any crack in the upper deck floor beam at all floor panel attachment fastener holes through the forward and aft horizontal flanges of the floor beam upper chord, from the left body frame to the right body frame. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference
(h)You must use Boeing Alert Service Bulletin 747-53A2660, dated November 16, 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, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, S.W., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on May 7, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-9396 Filed 5-16-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26498; Directorate Identifier 2006-CE-83-AD; Amendment 39-15056; AD 2007-10-15] RIN 2120-AA64 Airworthiness Directives; Cessna Aircraft Company Models 208 and 208B Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)to supersede AD 2006-06-06, which applies to certain Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. AD 2006-06-06 currently requires you to incorporate information into the applicable section of the Airplane Flight Manual
(AFM)and Pilot's Operating Handbook
(POH)and requires you to install placards. Since we issued AD 2006-06-06, Cessna issued new S1 Known Icing Equipment AFM supplements and developed a low airspeed awareness system. Consequently, this AD requires you to incorporate the applicable AFM supplement revision and temporarily retain the requirements of AD 2006-06-06 until the above revisions are incorporated. One of the AFM requirements is the installation of a functional low airspeed awareness system to operate the airplane in known icing conditions. We are issuing this AD to assure that the pilot has enough information and the necessary equipment to prevent loss of control of the airplane while in-flight during icing conditions. DATES: This AD becomes effective on June 21, 2007. ADDRESSES: To get the service information identified in this AD, contact the Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277. 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 20590-001 or on the Internet at *http://dms.dot.gov.* The docket number FAA-2006-26498; Directorate Identifier 2006-CE-83-AD. FOR FURTHER INFORMATION CONTACT: Robert P. Busto, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Wichita, Kansas 67209; telephone:
(316)946-4157; fax:
(316)946-4107. SUPPLEMENTARY INFORMATION: Discussion On January 25, 2007, 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 Cessna Models 208 and 208B airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking
(NPRM)on February 1, 2007 (FR 72 4663). The NPRM proposed to supersede AD 2006-06-06, which currently requires you to incorporate information into the applicable section of the Airplane Flight Manual
(AFM)and Pilot's Operating Handbook
(POH)and requires you to install placards. The NPRM would require you to incorporate new S1 Known Icing Equipment AFM supplements and to install a low airspeed awareness system. 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. As policy, we do not address anonymous comments. Comment Issue No. 1: Provide More Time for Installation of the Low Airspeed Awareness System Corporate Air, the Regional Air Cargo Carriers Association (RACCA), and Federal Express request an extension to the compliance time for installing the low airspeed awareness system. The NPRM proposes a compliance time of 30 days, and the commenters want an extension until September 2007 in order to prevent unnecessary grounding of their airplanes. The commenters state that this should not present a safety problem since the icing season does not start until the end of September or early October. The FAA concurs that the compliance time for the low airspeed awareness system can be extended and will increase it from 30 days to 90 days after the effective date of the AD. Cessna has issued new S1 Known Icing Equipment AFM supplements, dated February 20, 2007. These supplements incorporate all the actions from the NPRM, including the requirement for the installation of a functional low airspeed awareness system when flying into known icing conditions. We are changing the final rule to require the incorporation of the applicable S1 Known Icing Equipment AFM supplement, dated February 20, 2007, and to extend the compliance time from 30 days to 90 days after the effective date of the AD. Comment Issue No. 2: Do Not Retain the Actions From AD 2006-06-06 RACCA believes that there is no need for the FAA to restate the actions of AD 2006-06-06 in the AD. The commenter states that as soon as the new AD becomes effective, the actions of AD 2006-06-06 are superseded and are no longer necessary. We concur that, as of the effective date of the new AD, the actions of AD 2006-06-06 are superseded. However, we are allowing 90 days after the effective date of this AD before the new actions must be incorporated. It is essential to address the unsafe condition and assure that the actions of AD 2006-06-06 remain in effect until the actions required by the new AD are incorporated. We have not made changes to the final rule based on this comment. Comment Issue No. 3: Clarify Whether Alternative Methods of Compliance
(AMOC)Approved per AD 2006-06-06 Are Retained for This AD Since the FAA is retaining the actions of AD 2006-06-06 until the new actions are done, RACCA questions whether it is the FAA's intent to allow the AMOCs approved for AD 2006-06-06. It is the FAA's intent to retain the AMOCs approved for AD 2006-06-06 during the 90-day compliance period until the new actions are required. We are changing the final rule to state that AMOCs approved for AD 2006-06-06 are approved for this AD until the actions required by paragraph
(e)of this AD are done. Comment Issue No. 4: Concern About the Reliability and Accuracy of the Low Airspeed Awareness Alert System Corporate Air expresses concern about the reliability and accuracy of the low airspeed awareness alert system. The commenter did not request a specific change other than the change in compliance time referenced previously. We infer that the commenter either wants the requirement taken out of the AD or the AD delayed until further research can be done. The FAA and Cessna conducted flight tests of the low airspeed awareness system during certification where the system passed all certification tests and was found acceptable. The system was designed to meet reliability certification requirements. We have determined that a functional low airspeed awareness system is necessary for the Cessna Models 208 and 208B to safely operate in known icing conditions. We have not made changes to the final rule based on this comment. Comment Issue No. 5: Require Equipment Other Than the Low Airspeed Awareness System Stephen McClure believes that there will not be any benefit in safety from the installation of the low airspeed awareness system, because the airplane airspeed indicators already fill the need. He feels that pilots need to be trained to avoid and/or exit icing conditions once encountered. As an alternative, the commenter believes a better wing ice detection light system, automatic boot cycling system, and Goodrich ice detection system would provide a better safety benefit than the low airspeed awareness system. We do not agree that the low airspeed awareness system is not necessary and have determined that it is necessary for flight in known icing conditions. The accident/incident history of the Model 208 indicates that pilots have not been diligent in the management of the aircraft when operating in icing conditions, as aircraft performance can decay very quickly. Additionally, the accident that occurred in Moscow in 2006 and recent flight tests have shown that the aural stall warning system does not provide sufficient time before a stall in all icing conditions. The low airspeed awareness system addresses each of these concerns by providing an alert with sufficient time to allow pilots to take the proper corrective action. The commenter is correct in stating that training pilots to avoid and/or exit icing conditions is a prudent course of action. Cessna has issued new S1 Known Icing Equipment AFM supplements, dated February 20, 2007. These supplements incorporate all the actions from the NPRM, including the requirement for the installation of a functional low airspeed awareness system when flying into known icing conditions. We agree with the commenter that the additional systems referenced would enhance safety. However, the accident/incident history on the Models 208 and 208B does not justify requiring the installation of such equipment through AD action. The pilot's failure to detect icing conditions has not been the problem on the affected airplanes; the problem has been having the information, training, and/or equipment necessary to operate safely once icing conditions are encountered. Additionally, the FAA examined the effectiveness of auto deice boot cycling during icing tunnel tests in 2005 and discovered that, at typical speeds associated with the Models 208 and 208B airplanes, the deice boot clearing effectiveness was not significantly improved over manually cycling at a certain accretion thickness. Therefore, the benefit of an automatic deice boot cycling system would be to relieve pilot workload. Service history on the Models 208 and 208B airplanes and many other aircraft with manual boot cycling systems does not justify the need to mandate an automatic system. We are changing the final rule to require the incorporation of the applicable S1 Known Icing Equipment AFM supplement, dated February 20, 2007, and the extension of the compliance time from 30 days to 90 days after the effective date of the AD. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for the changes previously discussed and minor editorial corrections. We have determined that these changes and 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 is already required. Costs of Compliance We estimate that this AD affects 765 airplanes in the U.S. registry. The AD requires inserting the applicable new S1 Known Icing Equipment AFM supplement, dated February 20, 2007, into the AFM/POH, which includes the installation of a low airspeed awareness alert system. We estimate the following costs to do the actions of this AD: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 22 work-hours × $80 per hour = $1,760 $6,440 $8,200 $6,273,000 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-2006-26498; Directorate Identifier 2006-CE-83-AD” in your request. 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 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. The FAA amends § 39.13 by removing Airworthiness Directive
(AD)2006-06-06, Amendment 39-14514, (71 FR 13533, March 16, 2006), and adding the following new AD: **2007-10-15 Cessna Aircraft Company:** Amendment 39-15056; Docket No. FAA-2006-26498; Directorate Identifier 2006-CE-83-AD. Effective Date
(a)This AD becomes effective on June 21, 2007. Affected ADs
(b)This AD supersedes AD 2006-06-06, Amendment 39-14514. Applicability
(c)This AD applies to Models 208 and 208B, all serial numbers, that are certificated in any category. Unsafe Condition
(d)This AD results from our determination that the revisions dated February 20, 2007, to the S1 Known Icing Equipment AFM supplement are necessary and should be incorporated into the Airplane Flight Manual (AFM)/Pilot's Operating Handbook (POH); and that a low airspeed awareness system should be required when operating in known icing conditions. We are issuing this AD to assure that the pilot has enough information and the necessary equipment to prevent loss of control of the airplane while in-flight during icing conditions. New Actions Required by this AD
(e)Unless already done, within the next 90 days after the effective date of this AD, incorporate the applicable new S1 Known Icing Equipment AFM supplement, dated February 20, 2007, into the AFM/POH: Document Affects
(1)Model 208 (675 SHP) FAA-approved Flight Manual Supplement S1 “Known Icing Equipment,” Cessna document D1352-S1-10, dated February 20, 2007, or later FAA-approved revision that incorporates the same information Cessna Model 208 airplanes with a Pratt & Whitney of Canada Ltd., PT6A-114A turboprop engine installed (675 SHP) or FAA-approved engine of equivalent or higher horsepower installed, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing
(2)Model 208 (600 SHP) FAA-approved Flight Manual Supplement S1 “Known Icing Equipment,” Cessna document D1307-S1-09, dated February 20, 2007, or later FAA-approved revision that incorporates the same information Cessna Model 208 airplanes with a Pratt & Whitney of Canada Ltd., PT6A-114 turboprop engine installed (600 SHP) or FAA-approved engine of equivalent horsepower installed, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing.
(3)Model 208B (675 SHP) FAA-approved Flight Manual Supplement S1 “Known Icing Equipment,” Cessna document D1329-S1-10, dated February 20, 2007, or later FAA-approved revision that incorporates the same information Cessna Model 208B airplanes with a Pratt & Whitney of Canada Ltd., PT6A-114A turboprop engine installed (675 SHP) or FAA-approved engine of equivalent or higher horsepower installed, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing.
(4)Model 208B (600 SHP) FAA-approved Flight Manual Supplement S1 “Known Icing Equipment,” Cessna document D1309-S1-10, dated February 20, 2007, or later FAA-approved revision that incorporates the same information Cessna Model 208B airplanes with a Pratt & Whitney of Canada Ltd., PT6A-114 turboprop engine installed (600 SHP) or FAA-approved engine of equivalent horsepower installed, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing. Note: The above supplements require the installation of a functional low airspeed awareness system. Cessna Service Bulletin CAB06-11 and Service Kit SK 208-171, both dated October 9, 2006, provide instructions for such an installation.
(f)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 insert the information into the POH specified in all paragraphs (e)(1) through (e)(4) of this AD. Make an entry into the aircraft records showing compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). Actions Retained From AD 2006-06-06
(g)The actions in paragraphs
(h)and
(i)of this AD below are retained in this AD from AD 2006-06-06. The new actions required by this AD in paragraph
(e)above terminate the requirement for the actions in paragraphs
(h)and
(i)of this AD.
(h)No later than March 27, 2006 (3 days after March 24, 2006, which is the effective date of AD 2006-06-06), incorporate the following revisions into the Airplane Flight Manual (AFM), unless already done: Affected airplanes Incorporate the following AFM revision document
(1)Cessna Model 208 airplanes and Model 208B airplanes, all serial numbers Section 2: Limitations and Section 4: Normal Procedures: Temporary Revision 208PHTR05, dated June 27, 2005, to the POH and FAA-approved AFM.
(2)Cessna Model 208 airplanes with a Pratt & Whitney of Canada Ltd., PT6A-114A turboprop engine installed (675 SHP) or FAA-approved engine of equivalent horsepower installed, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing Section 9: Optional Systems Description and Operating Procedures: Revision 6 of the 208 (675 SHP) POH/FAA-approved AFM Supplement S1 “Known Icing Equipment,” Cessna document D1352-S1-06, dated June 27, 2005.
(3)Cessna Model 208 airplanes with a Pratt & Whitney of Canada Ltd., PT6A-114 turboprop engine installed (600 SHP) or FAA-approved engine of equivalent horsepower installed, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing Section 9: Optional Systems Description and Operating Procedures: Revision 6 of the Cessna Model 208 (600 SHP) POH/FAA-approved AFM Supplement S1 “Known Icing Equipment,” Cessna document D1307-S1-06, dated June 27, 2005.
(4)Cessna Model 208B airplanes with a Pratt & Whitney of Canada Ltd., PT6A-114A turboprop engine installed (675 SHP) or FAA-approved engine of equivalent horsepower installed, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing Section 9: Optional Systems Description and Operating Procedures: Revision 7 of the 208B (675 SHP) POH/FAA-approved AFM Supplement S1 “Known Icing Equipment,” Cessna document D1329-S1-07, dated June 27, 2005.
(5)Cessna Model 208B airplanes with a Pratt & Whitney of Canada Ltd., PT6A-114 turboprop engine installed (600 SHP) or FAA-approved engine of equivalent horsepower installed, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing Section 9: Optional Systems Description and Operating Procedures: Revision 6 of the 208B (600 SHP) POH/FAA-approved AFM Supplement S1 “Known Icing Equipment,” Cessna document D1309-S1-06, dated June 27, 2005.
(i)No later than March 27, 2006 (3 days after March 24, 2006, which is the effective date of AD 2006-06-06), you must do the following actions, unless already done. These changes are to the POH and FAA-approved AFM and to the POH/FAA-approved AFM Supplement S1 “Known Icing Equipment” mandated in paragraph
(h)of this AD. 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 placard POH/AFM requirements as specified in the paragraphs below. Make an entry into the aircraft records showing compliance with portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9):
(1)*For Cessna Model 208 airplanes and Model 208B airplanes, all serial numbers, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing:* You are prohibited from continued flight after encountering moderate or greater icing conditions. The airplane can dispatch into forecast areas of icing but must exit moderate or greater icing conditions if encountered.
(2)*For Cessna Model 208 airplanes and Model 208B airplanes, all serial numbers, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing:*
(i)Insert the text in Appendix 1 of this AD preceding the KINDS OF OPERATION LIMITS paragraph in the LIMITATIONS section of the Cessna Models 208 or 208B POH and FAA-approved AFM.
(ii)Insert the text in Appendix 2 of this AD in the LIMITATIONS section of the Cessna Models 208 or 208B POH and FAA-approved AFM KNOWN ICING EQUIPMENT SUPPLEMENT S1 at the beginning of the paragraph “REQUIRED EQUIPMENT.”
(3)*For Cessna Models and Models 208B airplanes, all serial numbers, equipped with airframe deicing pneumatic boots that are not currently prohibited from flight in known or forecast icing:* Install three placards with black letters on a white background. The placards must be located on the instrument panel under the radio stack, immediately above the pilot's flight instruments, or below the vertical speed indicator. Lettering on the placard must be a minimum height of 1/8-inch.
(i)Placard 1 must include the text of Appendix 3 of this AD.
(ii)Placard 2 must include the following text: “120 KIAS Minimum in Icing Flaps Up except 110 KIA if Climbing to Exit Icing.”
(iii)Placard 3 must include the following text: “Disconnect autopilot at first indication of ice accretion.”
(4)*For Cessna Models 208 and 208B airplanes, all serial numbers, equipped with airframe deicing pneumatic boots that are not currently prohibited from flight into known or forecast icing:*
(i)Insert the text in Appendix 4 of this AD under the “AIRSPEED LIMITATIONS” paragraph in the LIMITATIONS section of the Cessna Models 208 and 208B POH and FAA-approved AFM.
(ii)Replace the text in the KNOWN ICING EQUIPMENT SUPPLEMENT S1 under the “MINIMUM SPEED IN ICING CONDITIONS” paragraph with the text in Appendix 4 of this AD.
(iii)Insert the following text in the LIMITATIONS section of the POH/AFM under the “OTHER LIMITATIONS” paragraph and in the LIMITATIONS section of the KNOWN ICING EQUIPMENT SUPPLEMENT S1 under the “AUTOPILOT OPERATION IN ICING CONDITIONS” paragraph: “Disconnect autopilot at first indication of ice accretion.”
(5)*For Cessna Model 208 airplanes and Model 208B airplanes, all serial numbers, equipped with airframe deicing pneumatic boots, that are not currently prohibited from flight in known or forecast icing:*
(i)Replace the text in the PERFORMANCE section of the Cessna Models 208 or 208B POH and FAA-approved AFM KNOWN ICING EQUIPMENT SUPPLEMENT S1 under the “STALL SPEEDS” paragraph with the text in Appendix 5 of this AD.
(ii)Replace the “WARNING” text in the LIMITATIONS section of the Cessna Models 208 or 208B POH and FAA-approved AFM KNOWN ICING EQUIPMENT SUPPLEMENT S1 under “ENVIRONMENTAL CONDITIONS” with: “FLIGHT IN THESE CONDITIONS ARE PROHIBITED.”
(iii)Replace the last two sentences in the LIMITATIONS section of the Cessna Models 208 or 208B POH and FAA-approved AFM KNOWN ICING EQUIPMENT SUPPLEMENT S1 under “ENVIRONMENTAL CONDITIONS” with the following text: “Exit strategies should be determined during pre-flight planning.” Alternative Methods of Compliance (AMOCs)
(j)The Manager, Wichita Aircraft Certication (ACO), has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Robert P. Busto, Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Wichita, Kansas 67209; telephone:
(316)946-4157; fax:
(316)946-4107. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(k)AMOCs approved for AD 2006-06-06 are approved for this AD until the actions in paragraph
(e)of this AD are done. After this, they are no longer valid. The paragraph designations of the AMOC refer to paragraphs
(e)and
(f)of AD 2006-06-06, which are paragraphs
(h)and
(i)of this AD respectively. Related Information
(l)To get copies of the AFM supplements and service information referenced in this AD, contact: Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277. 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, or on the Internet at *http://dms.dot.gov* . The docket number is Docket No. FAA-2006-26498; Directorate Identifier 2006-CE-83-AD. Appendix 1 Retained From AD 2006-06-06 Changes to the Cessna Models 208 or 208B Pilot's Operating Handbook
(POH)and FAA-Approved Airplane Flight Manual
(AFM)Affected Cessna Models 208 or 208B POH and FAA-Approved AFM Insert the following text at the beginning of the KINDS OF OPERATION LIMITS paragraph in the LIMITATIONS section of the Cessna Models 208 or 208B POH and FAA-approved AFM. This may be done by inserting a copy of this AD into the POH/AFM: “Continued flight after encountering moderate or greater icing conditions is prohibited. One or more of the following defines moderate icing conditions for this airplane: Indicated airspeed in level cruise flight at constant power decreases by 20 knots. Engine torque required to maintain airspeed increases by 400 ft. lbs. Airspeed of 120 KIAS cannot be maintained in level flight. An accretion of 1/4 -inch of ice is observed on the wing strut. Disregard any mention of approval for flight in icing conditions within the POH/AFM.” Appendix 2 Retained From AD 2006-06-06 Changes to the Cessna Models 208 or 208B Pilot's Operating Handbook
(POH)and FAA-Approved Airplane Flight Manual
(AFM)Affected Cessna Models 208 or 208B POH and FAA-Approved AFM Insert the following text in the LIMITATIONS section of the POH and FAA-approved AFM KNOWN ICING EQUIPMENT SUPPLEMENT S1, at the beginning of the paragraph “REQUIRED EQUIPMENT.” This may be done by inserting a copy of this AD into the POH/AFM: “Continued flight after encountering moderate or greater icing conditions is prohibited. One or more of the following defines moderate icing conditions for this airplane: Indicated airspeed in level flight at constant power decreases by 20 knots. Engine torque required to maintain airspeed increases by 400 ft. lbs. Airspeed of 120 KIAS cannot be maintained in level flight. An accretion of 1/4 -inch of ice is observed on the wing strut. Disregard any mention of approval for flight in icing conditions within the POH/AFM.” Appendix 3 Retained From AD 2006-06-06 Cessna Model 208 Airplanes and Model 208B Airplanes, Equipped With Airframe Deicing Pneumatic Boots, That Are Not Currently Prohibited From Flight in Known or Forecast Icing Install a placard with black letters on a white background. The placard shall be located on the instrument panel in one of the following areas: Under the radio stack, immediately above the pilot's flight instruments, or below the pilot's vertical speed indicator. Lettering on the placard shall be a minimum 1/8 -inch tall and state the following: “Continued flight after encountering moderate or greater icing conditions is prohibited. One or more of the following defines moderate icing conditions for this airplane: Airspeed in level flight at constant power decreases by 20 KIAS. Engine torque required to maintain airspeed increases by 400 ft. lbs. 120 KIAS cannot be maintained in level flight. Ice accretion of 1/4 inch observed on the wing strut.” Appendix 4 Retained From AD 2006-06-06 Changes to the Cessna Models 208 or 208B Pilot's Operating Handbook
(POH)and FAA-Approved Airplane Flight Manual
(AFM)Supplement S1 Affected Cessna Models 208 or 208B POH and FAA-Approved AFM and FAA-Approved Supplement S1 Insert the following text into the LIMITATIONS section under the “AIRSPEED LIMITATIONS” paragraph of the Cessna Models 208 or 208B POH and FAA-approved AFM, and replace the text in the KNOWN ICING EQUIPMENT SUPPLEMENT S1 under the “MINIMUM SPEED IN ICING CONDITIONS” paragraph with the following text. This may be done by inserting a copy of this AD into the POH/AFM: “Minimum airspeed in icing conditions, for all flight phases including approach, except takeoff and landing: Flaps up: 120 KIAS Flaps 10°: 105 KIAS Flaps 20°: 95 KIAS Exception for flaps up: when climbing to exit icing conditions airspeed can be reduced to 110 KIAS minimum. Flaps must be extended during all phases (takeoff and landing included) at airspeeds below 110 KIAS, except adhere to published AFM procedures when operating with ground deicing/anti-icing fluid applied. Warning The aural stall warning system does not function properly in all icing conditions and should not be relied upon to provide adequate stall warning when in icing conditions.” Note: These are minimum speeds for operations in icing conditions. Disregard any reference to the original speeds within the POH/AFM. Appendix 5 Retained From AD 2006-06-06 Changes to the Cessna Models 208 or 208B Pilot's Operating Handbook
(POH)and FAA-Approved Airplane Flight Manual
(AFM)Supplement S1 Replace the text in the PERFORMANCE section of the POH/AFM KNOWN ICING EQUIPMENT SUPPLEMENT S1 under the “STALL SPEEDS” paragraph with the following text: “Ice accumulation on the airframe may result in a 20 KIAS increase in stall speed. Either buffet or aural stall warning should be treated as an imminent stall.” “WARNING—The aural stall warning system does not function properly in all icing conditions and should not be relied upon to provide adequate stall warning when in icing conditions.” Issued in Kansas City, Missouri, on May 10, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-9398 Filed 5-16-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24696; Directorate Identifier 2006-NM-038-AD; Amendment 39-15052; AD 2007-10-11] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145LR, -145XR, and -145MP Airplanes; and Model EMB-135BJ and -135LR Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain EMBRAER Model EMB-145LR, -145XR, and -145MP airplanes; and Model EMB-135BJ and -135LR airplanes. This AD requires replacing the electrical bonding clamps inside the fuel tanks and adjacent areas. This AD results from a report of the failure of a fitting clamp of an electrical bonding cable for the fuel tubing. We are issuing this AD to prevent loss of bonding protection in the interior of the fuel tanks or adjacent areas, and a consequent potential source of ignition in a fuel tank and possible fire or explosion. DATES: This AD becomes effective June 21, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of June 21, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2125; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the 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 supplemental notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain EMBRAER Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes; and Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR airplanes. That supplemental NPRM was published in the **Federal Register** on December 6, 2006 (71 FR 70648). That supplemental NPRM proposed to require replacing the electrical bonding clamps inside the fuel tanks and adjacent areas. That supplemental NPRM also proposed to add airplanes to the applicability. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the single comment received. Request To Remove Airplanes From the Applicability of the Supplemental NPRM ExpressJet points out that the supplemental NPRM specified that the newly added EMBRAER Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR airplanes accomplish the required actions in accordance with EMBRAER Service Bulletin 145LEG-28-0030, dated April 19, 2006. ExpressJet asserts that this service bulletin is not applicable to any of these airplanes, except the Model EMB-135BJ airplanes. Therefore, ExpressJet states that EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR airplanes should not be included in the applicability of the supplemental NPRM. From this comment, we infer that ExpressJet is requesting that EMBRAER Model EMB-135ER, -135KE, -135KL, and -135LR airplanes be removed from the applicability of the AD. We partially agree. As we stated in the supplemental NPRM, the Agincia Nacional de Aviarno Civil (ANAC), which is the airworthiness authority for Brazil, notified us that the unsafe condition identified in the original NPRM might exist on EMBRAER “Model EMB-135 airplanes,” in addition to the airplanes identified in the original NPRM. ANAC subsequently issued Brazilian airworthiness directive 2006-02-03R2, effective October 8, 2006, to address the subject unsafe condition on “Model EMB-135 airplanes.” However, we have verified the effectivity of EMBRAER Service Bulletins 145-28-0028, dated November 7, 2005; and 145LEG-28-0030, dated April 19, 2006; with EMBRAER. EMBRAER Service Bulletin 145LEG-28-0030 applies only to Model EMB-135BJ airplanes. EMBRAER Service Bulletin 145-28-0028 applies only to Model EMB-135LR airplanes, and to Model EMB-145LR, -145XR, and -145MP airplanes. Therefore, we agree that Model EMB-135ER, -135KE, and -135KL airplanes are not subject to the requirements of this AD and we have removed those airplanes from the applicability of this AD. We do not agree to remove Model EMB-135LR airplanes from the applicability of this AD, but we do agree that these airplanes are not subject to EMBRAER Service Bulletin 145LEG-28-0030. Therefore, we have revised Tables 1 and 2 of this AD to specify that these airplanes are identified in and must use EMBRAER Service Bulletin 145-28-0028 to accomplish the actions required by this AD. In addition, we have removed Model EMB-145, -145ER, -145MR, and -145EP airplanes from the applicability of this AD. These airplanes are not identified in EMBRAER Service Bulletin 145-28-0028 and are not subject to the requirements of this AD. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the 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 The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.- registered airplanes Fleet cost Replacement of bonding clamp (all airplane groups) 2 $80 Between $33 and $87, per kit (depending on kit/airplane group) Between $193 and $247 (depending on kit/airplane group) 20 Between $3,860 and $4,940 (depending on kit/airplane group). 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): **2007-10-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Amendment 39-15052. Docket No. FAA-2006-24696; Directorate Identifier 2006-NM-038-AD. Effective Date
(a)This AD becomes effective June 21, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to the airplanes identified in Table 1 of this AD, certificated in any category. Table 1.—Applicability EMBRAER model— As identified in— EMB-145LR, -145XR, -145MP, and -135LR airplanes EMBRAER Service Bulletin 145-28-0028, dated November 7, 2005. EMB-135BJ airplanes EMBRAER Service Bulletin 145LEG-28-0030, dated April 19, 2006. Unsafe Condition
(d)This AD results from a report of the failure of a fitting clamp of an electrical bonding cable for the fuel tubing. We are issuing this AD to prevent loss of bonding protection in the interior of the fuel tanks or adjacent areas, and a consequent potential source of ignition in a fuel tank and possible fire or explosion. 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. Electrical Bonding Clamp Replacement
(f)At the time specified in paragraph (f)(1) or (f)(2) of this AD, as applicable: Replace the electrical bonding clamps having part numbers AN735D6 and AN735D4 inside the forward fuel tank or the ventral, wing stub, and wing fuel tanks, and adjacent areas, as applicable; by accomplishing all actions specified in the Accomplishment Instructions of the applicable service bulletin identified in Table 2 of this AD. Table 2.—Applicable Service Information For EMBRAER model— Use— EMB-145LR, -145XR, -145MP, and -135LR airplanes EMBRAER Service Bulletin 145-28-0028, dated November 7, 2005 EMB-135BJ airplanes EMBRAER Service Bulletin 145LEG-28-0030, dated April 19, 2006.
(1)For Model EMB-145LR, -145XR, and -145MP airplanes; and Model EMB-135LR airplanes: Within 5,000 flight hours after the effective date of this AD.
(2)For Model EMB-135BJ airplanes: Within 4,000 flight hours or 48 calendar months after the effective date of this AD, whichever occurs first. 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.
(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. Related Information
(h)Brazilian airworthiness directive 2006-02-03R2, effective October 8, 2006, also addresses the subject of this AD. Material Incorporated by Reference
(i)You must use EMBRAER Service Bulletin 145-28-0028, dated November 7, 2005; or EMBRAER Service Bulletin 145LEG-28-0030, dated April 19, 2006; as applicable; to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Renton, Washington, on May 7, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-9401 Filed 5-16-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 401, 415, 431, 435, 440 and 460 [Docket No. FAA-2005-23449] Human Space Flight Requirements for Crew and Space Flight Participants AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of Office of Management and Budget Approval for Information Collection. SUMMARY: This notice announces the Office of Management and Budget's
(OMB)approval of the information collection requirement in the final rule published on December 15, 2006. The sections of the final rule pending approval of this information collection request are effective upon publication of this notice. DATES: On April 16, 2007, the FAA received OMB approval for the information collection requirement in the final rule published at 71 FR 75616 (December 15, 2006). The compliance date for information collection requirements in §§ 460.5, 460.7, 460.9, 460.19, 460.45, and 460.49 is May 17, 2007. FOR FURTHER INFORMATION CONTACT: For technical information, contact Kenneth Wong, Deputy Manager, Licensing and Safety Division, Commercial Space Transportation, AST-200, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone
(202)267-8465; facsimile
(202)267-3686; e-mail *ken.wong@faa.gov.* For legal information, contact Laura Montgomery, Senior Attorney, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone
(202)267-3150; facsimile
(202)267-7971, e-mail *laura.montgomery@faa.gov.* SUPPLEMENTARY INFORMATION: Background On December 15, 2006, the FAA published the final rule, Human Space Flight Requirements for Crew and Space Flight Participants, in the **Federal Register** . The rule established requirements for human space flight as required by the Commercial Space Launch Amendments Act of 2004. In the DATES section of the final rule, we noted that affected parties did not need to comply with the information collection requirements in specified sections of the rule until the Office of Management and Budget
(OMB)approved the FAA's request to collect the information. According to the Paperwork Reduction Act, OMB approved the FAA's request for new information collection on April 16, 2007, and assigned the information collection OMB Control Number 2120-0720. The control number was not available when the final rule was published, thus necessitating publication of this notice. The FAA request was approved by OMB without change and expires on April 30, 2010. Title 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105, grants authority to the Administrator to publish this notice. The final rule (71 FR 75616) became effective on February 13, 2007 and the compliance date for information collection requirements in §§ 460.5, 460.7, 460.9, 460.19, 460.45, and 460.49 is May 17, 2007. Issued in Washington, DC on May 8, 2007. Pamela Hamilton-Powell, Director, Office of Rulemaking Aviation Safety. [FR Doc. E7-9480 Filed 5-16-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Pimobendan AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of a new animal drug application
(NADA)filed by Boehringer Ingelheim Vetmedica, Inc. The NADA provides for the veterinary prescription use of pimobendan chewable tablets in dogs for the management of the signs of congestive heart failure. DATES: This rule is effective May 17, 2007. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7540, e-mail: *melanie.berson@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Boehringer Ingelheim Vetmedica, Inc., 2621 N. Belt Hwy., St. Joseph, MO 64506-2002, filed NADA 141-273 that provides for the veterinary prescription use of VETMEDIN (pimobendan) Chewable Tablets in dogs for the management of the signs of mild, moderate, or severe (modified New York Heart Association Class II, III, or IV) congestive heart failure due to atrioventricular valvular insufficiency or dilated cardiomyopathy; for use with concurrent therapy for congestive heart failure as appropriate on a case-by-case basis. The NADA is approved as of April 30, 2007, and the regulations in 21 CFR part 520 are amended by adding § 520.1780 to reflect the approval. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Under section 512(c)(2)(F)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(i)), this approval qualifies for 5 years of marketing exclusivity beginning on the date of the approval. The agency has determined under 21 CFR 25.33(d)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 520 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows: PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 520 continues to read as follows: Authority: 21 U.S.C. 360b. 2. Add § 520.1780 to read as follows: § 520.1780 Pimobendan.
(a)*Specifications* . Each chewable tablet contains 1.25, 2.5, or 5 milligrams
(mg)pimobendan.
(b)*Sponsor* . See No. 000010 in § 510.600(c) of this chapter.
(c)*Conditions of use in dogs* —(1) *Amount* . Administer orally at a total daily dose of 0.23 mg per pound (0.5 mg per kilogram) body weight, using a suitable combination of whole or half tablets. The total daily dose should be divided into two portions administered approximately 12 hours apart.
(2)*Indications for use* . For the management of the signs of mild, moderate, or severe (modified New York Heart Association Class II, III, or IV) congestive heart failure due to atrioventricular valvular insufficiency or dilated cardiomyopathy; for use with concurrent therapy for congestive heart failure as appropriate on a case-by-case basis.
(3)*Limitations* . Federal law restricts this drug to use by or on the order of a licensed veterinarian. Dated: May 7, 2007. Bernadette Dunham, Deputy Director, Center for Veterinary Medicine. [FR Doc. E7-9516 Filed 5-16-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 Implantation or Injectable Dosage Form New Animal Drugs; Ivermectin and Clorsulon AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Norbrook Laboratories, Ltd. The ANADA provides for the use of an ivermectin and clorsulon solution by subcutaneous injection in cattle for control of various internal and external parasites. DATES: This rule is effective May 17, 2007. FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for Veterinary Medicine (HFV-104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0169, e-mail: *john.harshman@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Norbrook Laboratories, Ltd., Station Works, Newry BT35 6JP, Northern Ireland, filed ANADA 200-436 that provides for use of NOROMECTIN Plus (ivermectin and clorsulon) Injection for Cattle by subcutaneous injection in cattle for control of various internal and external parasites. Norbrook Laboratories, Ltd.'s NOROMECTIN Plus Injection for Cattle is approved as a generic copy of Merial, Ltd.'s IVOMEC Plus Injection for Cattle, approved under NADA 140-833. The ANADA is approved as of April 23, 2007, and the regulations are amended in 21 CFR 522.1193 to reflect the approval. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. FDA has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 522 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: Authority: 21 U.S.C. 360b. 2. Amend § 522.1193 as follows: a. Revise the section heading and paragraphs
(a)and (b); b. Redesignate paragraph
(d)as paragraph (e); c. Add new paragraph (d); and d. Revise newly redesignated paragraph (e). The revisions, redesignation, and addition read as follows: § 522.1193 Ivermectin and clorsulon.
(a)*Specifications* . Each milliliter
(mL)of solution contains 10 milligrams
(mg)(1 percent) ivermectin and 100 mg (10 percent) clorsulon.
(b)*Sponsors* . See Nos. 050604 and 055529 in § 510.600(c) of this chapter for use as in paragraph
(e)of this section.
(d)*Special considerations* . See § 500.25 of this chapter.
(e)*Conditions of use in cattle* —(1) *Amount* . Administer 1 mL (10 mg ivermectin and 100 mg clorsulon) per 50 kilograms (110 pounds) by subcutaneous injection.
(2)*Indications for use* . For the treatment and control of gastrointestinal nematodes (adults and fourth-stage larvae) ( *Haemonchus placei, Ostertagia ostertagi* (including inhibited larvae), *O. lyrata, Trichostrongylus axei, T. colubriformis, Cooperia oncophora, C. punctata, C. pectinata, Oesophagostomum radiatum, Nematodirus helvetianus* (adults only), *N. spathiger* (adults only), *Bunostomum phlebotomum* ; lungworms (adults and fourth-stage larvae) ( *Dictyocaulus viviparus* ); liver flukes (adults only) ( *Fasciola hepatica* ); grubs (parasitic stages) ( *Hypoderma bovis, H. lineatum* ); lice ( *Linognathus vituli, Haematopinus eurysternus, Solenopotes capillatus* ); mites ( *Psoroptes ovis* (syn. *P. communis* var. *bovis* ), *Sarcoptes scabiei* var. *bovis* ); and for control of infections of *D. viviparus* and *O. radiatum* for 28 days afer treatment; *O. ostertagi, T. axei* , and *C. punctata* for 21 days after treatment; and *H. placei and C. oncophora* for 14 days after treatment.
(3)*Limitations* . For subcutaneous use only. Not for intravenous or intramuscular use. Do not treat cattle within 49 days of slaughter. Because a withdrawal time in milk has not been established, do not use in female dairy cattle of breeding age. Do not use in other animal species because severe adverse reactions, including fatalities in dogs, may result. A withdrawal period has not been established for this product in preruminating calves. Do not use in calves to be processed for veal. Dated: May 7, 2007. Bernadette Dunham, Deputy Director, Center for Veterinary Medicine. [FR Doc. E7-9517 Filed 5-16-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 Implantation or Injectable Dosage Form New Animal Drugs; Ivermectin AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Norbrook Laboratories, Ltd. The ANADA provides for use of a one percent ivermectin solution by subcutaneous injection in cattle, swine, reindeer, and American bison for the treatment and control of various internal and external parasites. DATES: This rule is effective May 17, 2007. FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for Veterinary Medicine (HFV-104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0169, e-mail: *john.harshman@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Norbrook Laboratories, Ltd., Station Works, Newry BT35 6JP, Northern Ireland, filed supplemental ANADA 200-437 that provides for use of NOROMECTIN (ivermectin) Injection for Cattle and Swine by subcutaneous injection in cattle, swine, reindeer, and American bison for the treatment and control of various internal and external parasites. Norbrook Laboratories, Ltd.'s NOROMECTIN Injection for Cattle and Swine is approved as a generic copy of Merial, Ltd.'s IVOMEC Injection for Cattle and Swine approved under NADA 128-409. The ANADA is approved as of April 20, 2007, and the regulations are amended in 21 CFR 522.1192 to reflect the approval and a current format. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. FDA has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 522 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: Authority: 21 U.S.C. 360b. 2. Revise § 522.1192 to read as follows: § 522.1192 Ivermectin.
(a)*Specifications* —(1) Each milliliter
(mL)of solution contains 20 milligrams
(mg)ivermectin.
(2)Each mL of solution contains 10 mg ivermectin.
(3)Each mL of solution contains 2.7 mg ivermectin.
(b)*Sponsors* . See sponsors in § 510.600(c) of this chapter for use as in paragraph
(e)of this section.
(1)No. 050604 for use of the product described in paragraph (a)(1) of this section as in paragraph (e)(1) of this section; the product described in paragraph (a)(2) of this section as in paragraphs (e)(2)(i), (e)(2)(ii)(A), (e)(2)(ii)(C), (e)(2)(iii), (e)(3), (e)(4) and (e)(5) of this section; and the product described in paragraph (a)(3) of this section as in paragraphs (e)(3) and (e)(6) of this section.
(2)Nos. 059130 and 055529 for use of the product described in paragraph (a)(2) of this section as in paragraphs (e)(2)(i), (e)(2)(ii)(A), (e)(2)(ii)(B), (e)(2)(iii), (e)(3), (e)(4), and (e)(5) of this section.
(c)*Related tolerances* . See § 556.344 of this chapter.
(d)*Special considerations* —(1) See § 500.25 of this chapter.
(2)Labeling shall bear the following precaution: “This product should not be used in other animal species as severe adverse reactions, including fatalities in dogs, may result.”
(e)*Conditions of use* —(1) *Horses* —(i) *Amount* . 200 micrograms per kilogram (µg/kg) of body weight by intramuscular injection.
(ii)*Indications for use* . For the treatment and control of large strongyles (adult) ( *Strongylus vulgaris* , *S. edentatus* , *Triodontophorus* spp.), small strongyles (adult and fourth stage larvae) ( *Cyathostomum* spp., *Cylicocyclus* spp., *Cylicostephanus* spp.), pinworms (adult and fourth-stage larvae) ( *Oxyuris equi* ), large roundworms (adult) ( *Parascaris equorum* ), hairworms (adult) ( *Trichostrongylus axei* ), large mouth stomach worms (adult) ( *Habronema muscae* ), neck threadworms (microfilariae) ( *Onchocerca* spp.), and stomach bots ( *Gastrophilus* spp.).
(iii)*Limitations* . Not for use in horses intended for human consumption. Federal law restricts this drug to use by or on the order of a licensed veterinarian.
(2)*Cattle* —(i) *Amount* . 200 µg/kg of body weight by subcutaneous injection.
(ii)*Indications for use* —(A) For the treatment and control of gastrointestinal nematodes (adults and fourth-stage larvae) ( *Haemonchus placei* , *Ostertagia ostertagi* (including inhibited larvae), *O. lyrata* , *T. axei* , *T. colubriformis* , *Cooperia oncophora* , *C. punctata* , *C. pectinata* , *Oesophagostomum radiatum* , *Nematodirus helvetianus* (adults only), *N. spathiger* (adults only), *Bunostomum phlebotomum* ); lungworms (adults and fourth-stage larvae) ( *Dictyocaulus viviparus* ); grubs (parasitic stages) ( *Hypoderma bovis* , *H. lineatum* ); sucking lice ( *Linognathus vituli* , *Haematopinus eurysternus* , *Solenopotes capillatus* ); mites (scabies) ( *Psoroptes ovis* (syn. *P. communis* var. *bovis* ), *Sarcoptes scabiei* var. *bovis* ).
(B)For control of infections of *D. viviparus* for 28 days after treatment, and *O. ostertagi* for 21 days after treatment, and *H. placei* , *T. axei* , *C. punctata* , *C. oncophora* , and *O. radiatum* for 14 days after treatment.
(C)For control of infections and to protect from reinfection with *D. viviparus* and *O. radiatum* for 28 days after treatment; *O. ostertagi* , *T. axei* , and *C. punctata* for 21 days after treatment; *H. placei* and *C. oncophora* for 14 days after treatment.
(iii)*Limitations* . Do not treat cattle within 35 days of slaughter. Because a withdrawal time in milk has not been established, do not use in female dairy cattle of breeding age. A withdrawal period has not been established for this product in pre-ruminating calves. Do not use in calves to be processed for veal.
(3)*Swine* —(i) *Amount* . 300 µg/kg of body weight by subcutaneous injection.
(ii)*Indications for use* . For the treatment and control of gastrointestinal roundworms (adults and fourth-stage larvae) (large roundworm, *Ascaris suum* ; red stomach worm, *Hyostrongylus rubidus* ; nodular worm, *Oesophagostomum* spp.; threadworm, *Strongyloides ransomi* (adults only)); somatic roundworm larvae (threadworm, *S. ransomi* (somatic larvae)); lungworms ( *Metastrongylus* spp. (adults only)); lice ( *H. suis* ); and mites ( *S. scabiei* var. *suis* ).
(iii)*Limitations* . Do not treat swine within 18 days of slaughter.
(4)*American bison* —(i) *Amount* . 200 µg/kg of body weight by subcutaneous injection.
(ii)*Indications for use* . For the treatment and control of grubs ( *H. bovis* ).
(iii)*Limitations* . Do not slaughter within 56 days of last treatment.
(5)*Reindeer* —(i) *Amount* . 200 µg/kg of body weight by subcutaneous injection.
(ii)*Indications for use* . For the treatment and control of warbles ( *Oedemagena tarandi* ).
(iii)*Limitations* . Do not treat reindeer within 56 days of slaughter.
(6)*Ranch-raised foxes* —(i) *Amount* . 200 µg/kg of body weight by subcutaneous injection. Repeat in 3 weeks.
(ii)*Indications for use* . For treatment and control of ear mites ( *Otodectes cynotis* ). Dated: May 7, 2007. Bernadette Dunham, Deputy Director, Center for Veterinary Medicine. [FR Doc. E7-9515 Filed 5-16-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD13-07-013] RIN 1625-AA00 Special local regulation: ULHRA Hydroplane Races, Howard Amon Park, Richland, WA AGENCY: Coast Guard, DHS. ACTION: Special local regulation temporary final rule. SUMMARY: The Coast Guard is undertaking two actions with regard to the above captioned regulation. The first is to withdraw the temporary final rule previously published on April 23, 2007 because it erroneously described the race area. The second is to correct the previous error by establishing a temporary special local regulation for the ULHRA National Series Hydroplane Race to be held on the waters of the Columbia River in the vicinity of Howard Amon Park, Richland, WA. These special local regulations limit the movement of non-participating vessels in the regulated race area. This temporary rule is needed to provide for the safety of life on navigable waters during the event. DATES: This regulation is effective from 7 a.m.
(PDT)to 7 p.m.
(PDT)on May 19 and 20, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket (CGD13-07-013) and are available for inspection or copying at U. S. Coast Guard Sector Portland, 6767 N. Basin Avenue, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Petty Officer Michelle Duty, c/o Captain of the Port, Portland 6767 N. Basin Avenue, Portland, Oregon 97217,
(503)240-2590. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking
(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for not publishing an NPRM and for making this rule effective less than 30 days after publication in the **Federal Register** . Publishing an NPRM would be contrary to public interest since immediate action is necessary to ensure the safety of vessels and spectators. If normal notice and comment procedures were followed, or if the effective date of this rule were delayed by 30 days, this rule would not become effective until after the date of the event. For this reason, following normal rulemaking procedures in this case would be contrary to the public interest. Background and Purpose The Coast Guard is undertaking two actions in this document. The first is to withdraw the temporary final rule previously published on April 23, 2007 at 72 FR 20047 because it erroneously described the race area. The second is to correct the previous error by establishing a temporary special local regulation for the ULHRA National Series Hydroplane Race to be held on the waters of the Columbia River in the vicinity of Howard Amon Park, Richland, WA. The Coast Guard is establishing a temporary special local regulation to allow for a safe racing event. This event occurs on the Columbia River in the vicinity of Howard Amon Park in Richland, WA and is scheduled to start at 7 a.m.
(PDT)and last until 7 p.m.
(PDT)on May 19 and 20, 2007. This event may result in a number of recreational vessels congregating near the hydroplane races. The hydroplane race poses several dangers to the public including excessive noise, objects falling from any accidents, and hydroplanes racing at high speeds in proximity to other vessels. Accordingly, the Special local regulation is needed to protect watercraft and their occupants from safety hazards associated with the event. This Special local regulation will be enforced by representatives of the Captain of the Port, Portland, Oregon. The Captain of the Port may be assisted by other federal, state, and local agencies. Discussion of Rule This temporary rule will create a regulated area to assist in minimizing the inherent dangers associated with hydroplane races. These dangers include, but are not limited to, excessive noise, race craft traveling at high speed in close proximity to one another and to spectator craft, and the risk of airborne objects from any accidents associated with hydroplanes. In the event that hydroplanes require emergency assistance, rescuers must have immediate and unencumbered access to the craft. The Coast Guard, through this action, intends to promote the safety of personnel, vessels, and facilities in the area. Due to these concerns, public safety requires these regulations to provide for the safety of life on the navigable waters. Regulatory Evaluation This temporary rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this temporary rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. This expectation is based on the fact that the regulated area established by this rule encompasses an area on the Columbia River near Howard Amon Park in Richland, WA not frequented by commercial navigation. The regulation is established for the benefit and safety of the recreational boating public and the event will pause in order to allow the ferry to pass through the area at its allotted times, any negative recreational boating impact is offset by the benefits of allowing the hydroplanes to race. This rule would be enforced from 7 a.m. to 7 p.m. Pacific Daylight Time each day on May 19 and 20, 2007. For the above reasons, the Coast Guard does not anticipate any significant economic impact. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in a portion of the Columbia River during the time mentioned under *Background and Purpose* . This Special local regulation will not have a significant economic impact on a substantial number of small entities due to its short duration and small area. The only vessels likely to be impacted will be recreational boaters, small passenger vessel operators, and a ferry that runs through the regulated area twice a day. The event is held for the benefit and entertainment of the recreational and small passenger vessel operators, and the event will pause in order to allow the ferry to pass through the area at its allotted times. Because the impacts of this proposal are expected to be so minimal, the Coast Guard certifies under 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) that this temporary rule will not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this temporary rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they can better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-888-REG-888-FAIR (1-888-734-3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that order and have determined that this rule does not have implications for federalism under that Order. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a state, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not concern an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian tribal governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( *e.g.* , specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.1D and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(h) of Commandant Instruction M16475.1D, from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine event permit are specifically excluded from further analysis and documentation under that section. Under figure 2-1, paragraph (34)(h) of the instruction, an “Environmental Analysis Check List” and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 100 Marine Safety, Navigation (water), Reporting and Recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. § 100.T13-009 [Withdrawn]. 2. Withdraw temporary § 100.T13-009. 3. Add temporary § 100.T13-010 to read as follows: § 100.T13-010 ULHRA Hydroplane Races Howard Amon Park, Richland, Washington.
(a)Regulated Area. The regulated area is defined as the waters of the Columbia River from bank to bank in the vicinity of Howard Amon Park on the Columbia River in Richland, Washington commencing at the Interstate 182 Bridge and continuing up river Northward 3.0 miles and terminating at the Columbia River Mile 339.
(b)Special Local Regulations. This event will take place from 7 a.m. PDT to approximately 7 p.m. PDT May 19 to 20, 2007, in the described waters of the Columbia River in Richland, Washington.
(1)No persons may enter or remain in the regulated area except for participants in the event, supporting personnel, vessels registered with the event organizer, and personnel or vessels authorized by the Coast Guard Patrol Commander.
(2)The Coast Guard Patrol Commander is a commissioned, warrant, petty officer, or auxiliarist of the Coast Guard who has been designated by Commander, Coast Guard Sector Portland. A Coast Guard Auxiliarist, when so appointed by the COTP per 14 U.S.C 831, may act as the Patrol Commander. The Patrol Commander is empowered to control movement of vessels in the regulated area and adjoining waters during the hours these regulations are in effect.
(3)A succession of sharp, short signals by whistle, siren, or horn from vessels patrolling the area shall serve as a signal to stop. Vessels or persons signaled shall stop and shall comply with the orders of the patrol vessels. Failure to due so may result in the expulsion from the area, citation, for failure to comply or both.
(4)Any spectator vessel may anchor outside the regulated area specified in paragraph
(a)of this section, but may not block a navigable channel. Dated: May 4, 2007. K.S. Cook, Captain, U.S. Coast Guard, Acting Commander, 13th Coast Guard District. [FR Doc. 07-2460 Filed 5-15-07; 9:58 am]
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  • 14 CFR 39
  • 1 CFR 51
  • 21 CFR 520
  • 21 CFR 20
  • 5 USC 801-808
  • 21 CFR 522
  • 33 CFR 100
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • 33 USC 1233
  • 14 USC 831
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U.S.C.§ 106
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U.S.C.§ 552
C.F.R.§ 43.7
C.F.R.§ 43.9
C.F.R.§ 514.11
Cite14 CFR 39
Cite1 CFR 51
Cite21 CFR 520
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