Rules and Regulations. Final rule; correction
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/register/2007/05/22/07-2551A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26112; Directorate Identifier 2006-NE-35-AD; Amendment 39-14837; AD 2006-24-08] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney Canada (P&WC) PW535A Turbofan Engines; Correction AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; correction. SUMMARY: The FAA is correcting airworthiness directive
(AD)2006-24-08. That AD applies to Pratt & Whitney Canada (P&WC) PW535A turbofan engines. We published that AD in the **Federal Register** on December 4, 2006 (71 FR 70284). The fuel manifold part number (P/N) 3025267-01 listed in paragraph
(c)is incorrect. This document corrects that P/N. In all other respects, the original document remains the same. EFFECTIVE DATE: Effective May 22, 2007. FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA, 01803; telephone
(781)238-7178; fax
(781)238-7199. SUPPLEMENTARY INFORMATION: On December 4, 2006 (71 FR 70284), we published a final rule AD, FR Doc, E6-20204, in the **Federal Register** . That AD applies to P&WC PW535A turbofan engines. We need to make the following correction: § 39.13 [Corrected] On page 70286, in the second column, in paragraph (c), in the fourth line, “3025267-01” is corrected to read “3052627-01”. Issued in Burlington, Massachusetts, on May 14, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-9719 Filed 5-21-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-22430; Directorate Identifier 2005-NE-34-AD; Amendment 39-15063; AD 2007-11-06] RIN 2120-AA64 Airworthiness Directives; Turbomeca Arrius 2F Turboshaft Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive
(AD)for Turbomeca Arrius 2F turboshaft engines. That AD currently requires removing from service certain serial number
(SN)fuel control units
(FCUs)or replacing the constant delta pressure (delta P) diaphragm in those FCUs. This AD requires replacing all FCUs not incorporating modification Tf 55 with FCUs that incorporate modification Tf 55. This AD results from the European Aviation Safety Agency
(EASA)and Turbomeca expanding the applicability to the full population of FCUs installed on Arrius 2F turboshaft engines. FCUs not incorporating modification Tf 55 are susceptible to having an improperly assembled constant delta P diaphragm. We are issuing this AD to prevent an uncommanded engine in-flight shutdown on a single-engine helicopter, resulting in a forced autorotation landing or an accident. DATES: This AD becomes effective June 26, 2007. ADDRESSES: You can get the service information identified in this AD from Turbomeca, 40220 Tarnos, France; telephone +33 05 59 74 40 00, fax +33 05 59 74 45 15. You may examine the AD docket on the Internet at *http://dms.dot.gov* or in Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *christopher.spinney@faa.gov;* telephone
(781)238-7175; fax
(781)238-7199. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to Turbomeca Arrius 2F turboshaft engines. We published the proposed AD in the **Federal Register** on January 17, 2007 (72 FR 1947). That action proposed to require replacing all FCUs not incorporating modification Tf 55, with FCUs that incorporate modification Tf 55. Examining the AD Docket You may examine the docket that contains the AD, any comments received, and any final disposition in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone
(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the DMS receives them. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance We estimate that this AD will affect 46 Arrius 2F turboshaft engines installed on helicopters of U.S. registry. We also estimate that it will take about 3 work-hours per engine to perform the FCU replacement and that the average labor rate is $80 per work-hour. Required parts will cost about $25,480 per engine. Based on these figures, we estimate the total cost of the AD to U.S. operators to be $1,183,120. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-14275 (70 FR 54622, September 16, 2005) and by adding a new airworthiness directive, Amendment 39-15063, to read as follows: **2007-11-06 Turbomeca:** Amendment 39-15063. Docket No. FAA-2005-22430; Directorate Identifier 2005-NE-34-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective June 26, 2007. Affected ADs
(b)This AD supersedes AD 2005-19-10, Amendment 39-14275. Applicability
(c)This AD applies to Turbomeca Arrius 2F turboshaft engines with fuel control units
(FCUs)not incorporating modification Tf 55. These engines are installed on, but not limited to, Eurocopter EC120B helicopters. Unsafe Condition
(d)This AD results from the European Aviation Safety Agency
(EASA)and Turbomeca expanding the applicability to the full population of FCUs installed on Arrius 2F turboshaft engines. FCUs not incorporating modification Tf 55 are susceptible to having an improperly assembled constant delta pressure (delta P) diaphragm. We are issuing this AD to prevent an uncommanded engine in-flight shutdown on a single-engine helicopter, resulting in a forced autorotation landing or an accident. Compliance
(e)You are responsible for having the actions required by this AD performed as soon as practicable after the effective date of this AD but no later than July 31, 2007, unless the actions have already been done.
(f)Replace all FCUs not incorporating modification Tf 55 with FCUs that incorporate modification Tf 55. Alternative Methods of Compliance
(g)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information
(h)Contact Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *christopher.spinney@faa.gov* ; telephone
(781)238-7175, fax
(781)238-7199; for more information about this AD.
(i)EASA AD No. 2006-0237, dated August 9, 2006, addresses the subject of this AD.
(j)Turbomeca Mandatory Service Bulletin No. 319 73 4055, Update No. 1, dated March 17, 2006, pertains to the subject of this AD. Issued in Burlington, Massachusetts, on May 15, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-9721 Filed 5-21-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27295 Directorate Identifier 2007-CE-013-AD; Amendment 39-15060; AD 2007-11-03] RIN 2120-AA64 Airworthiness Directives; Dornier Luftfahrt GmbH Model 228 Series 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: During a maintenance inspection, cracks were found on the centre section of fuselage frame 19. The investigation on the root cause is still in progress. Fuselage frame 19 supports the rear side of the main landing gear (MLG). This condition, if not corrected, could cause collapse of frame 19, leading to subsequent collapse of a MLG. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective June 26, 2007. On June 26, 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: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; *telephone:*
(816)329-4146; *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 16, 2007 (72 FR 12574). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that: During a maintenance inspection, cracks were found on the centre section of fuselage frame 19. The investigation on the root cause is still in progress. Fuselage frame 19 supports the rear side of the main landing gear (MLG). This condition, if not corrected, could cause collapse of frame 19, leading to subsequent collapse of a MLG. Since an unsafe condition has been identified that may exist or develop on other aircraft of this type design, this Airworthiness Directive
(AD)requires a visual inspection of the affected fuselage frame and, if discrepancies are found, reporting the results to the TC holder. This is considered to be an interim action. 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 19 products of U.S. registry. We also estimate that it will take about 6 work-hours 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 $9,120 or $480 per product. In addition, this AD may require follow-on actions. Because each follow-on action is based on the damage found on the affected airplane, we have no way of determining the cost of those follow-on actions or 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: **2007-11-03 Dornier Luftfahrt GmbH:** Amendment 39-15060; Docket No. FAA-2007-27295; Directorate Identifier 2007-CE-013-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective June 26, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Dornier 228-100, Dornier 228-101, Dornier 228-200, Dornier 228-201, Dornier 228-202, and Dornier 228-212 airplanes, all serial numbers, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 53: Fuselage. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: During a maintenance inspection, cracks were found on the centre section of fuselage frame 19. The investigation on the root cause is still in progress. Fuselage frame 19 supports the rear side of the main landing gear (MLG). This condition, if not corrected, could cause collapse of frame 19, leading to subsequent collapse of a MLG. Since an unsafe condition has been identified that may exist or develop on other aircraft of this type design, this Airworthiness Directive
(AD)requires a visual inspection of the affected fuselage frame and, if discrepancies are found, reporting the results to the TC holder. This is considered to be an interim action. Actions and Compliance
(f)Unless already done, do the following actions:
(1)For all airplanes, within 25 hours time-in-service
(TIS)after the effective date of this AD, visually inspect the affected fuselage frame 19 using the instructions in Dornier 228 RUAG Alert Service Bulletin No. ASB-228-266, dated December 1, 2006.
(2)If any crack is found during the inspection required in paragraph (f)(1) of this AD, before further flight, contact RUAG Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 1253, 82231 Wessling, Germany; *telephone:* +49-(0)8153-30-2280; fax: +49-(0)8153-30-3030; e-mail: *customersupport.dornier228@ruag.com* for FAA-approved repair instructions and incorporate the repair on the airplane. Note 1: This is considered interim action. The State of Design and DORNIER LUFTFAHRT GmbH are looking at a possible repetitive inspection program and/or modification program to address this condition for the long-term. In the meantime, the FAA recommends that you incorporate the above inspection into your regular maintenance program. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows:
(1)The MCAI requires different compliance times for airplanes operated in different conditions. The FAA is not able to enforce compliance times based on airplane operations since there is no way of determining the amount of operations in different conditions. To ensure the unsafe condition is addressed adequately and timely, we are requiring the inspection for all airplanes at 25 hours TIS.
(2)The MCAI allows flight with known cracks provided they do not exceed a certain limit. FAA policy does not allow flight with cracks in primary structure. Since the fuselage is considered primary structure, we are mandating repair before further flight after any crack is found. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Staff, FAA, ATTN: Karl Schletzabaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; *telephone:*
(816)329-4146; *fax:*
(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. 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 European Aviation Safety Agency
(EASA)AD No: 2007-0028, dated February 5, 2007; and Dornier 228 RUAG Alert Service Bulletin No. ASB-228-266, dated December 1, 2006, for related information. Material Incorporated by Reference
(i)You must use Dornier 228 RUAG Alert Service Bulletin No. ASB-228-266, dated December 1, 2006, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact RUAG Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 1253, D-82231 Wessling, Federal Republic of Germany; telephone: 49 8153 302280.
(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 11, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-9600 Filed 5-21-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-26973 Directorate Identifier 2007-CE-002-AD; Amendment 39-15061; AD 2007-11-04] RIN 2120-AA64 Airworthiness Directives; Reims Aviation S.A. Model F406 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: This AD is issued following reports, on several aircraft, of important corrosion found on the ailerons bearings. This condition, if left uncorrected, could result in the loss of the roll control on the airplane. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective June 26, 2007. On June 26, 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: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4144; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This 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 8, 2007 (72 FR 10431). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that: This AD is issued following reports, on several aircraft, of important corrosion found on the ailerons bearings. This condition, if left uncorrected, could result in the loss of the roll control on the airplane. 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 7 products of U.S. registry. We also estimate that it will take about 3 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $100 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $2,380 or $340 per product. In addition, we estimate that any necessary follow-on actions would take about 3 work-hours and require parts costing $100, for a cost of $340 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: **2007-11-04 Reims Aviation S.A.:** Amendment 39-15061; Docket No. FAA-2007-26973; Directorate Identifier 2007-CE-002-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective June 26, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Model F406 airplanes, serial numbers F406-0001 through F406-0092, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 57: Wings. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: This AD is issued following reports, on several aircraft, of important corrosion found on the ailerons bearings. This condition, if left uncorrected, could result in the loss of the roll control on the airplane. Actions and Compliance
(f)Unless already done, do the following actions:
(1)Within the next 100 hours time-in-service or 3 months, whichever occurs first after the effective date of this AD, and thereafter repetitively during a period not to exceed 12 months, inspect the aileron brackets and bearings and perform the lubrication of the aileron bearings in accordance with Reims Aviation Industries Service Bulletin No. F406-59, dated October 24, 2005.
(2)If corrosion is found during any inspection required in paragraph (f)(1) of this AD, before further flight, replace the damaged parts in accordance with Reims Aviation Industries Service Bulletin No. F406-59, dated October 24, 2005. Note 1: We established the repetitive inspection times of this AD so that they may coincide with annual inspections. Note 2: We encourage you to put Reims temporary revision No. 6 into the maintenance program of the F406 airplane (chapter 5 of the maintenance manual). FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows: We added repetitive inspection requirements in this AD to coincide with the maintenance requirement in the service bulletin. 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: Mike Kiesov, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4144; 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 Direction générale de l'aviation civile AD No. F-2005-177, dated November 9, 2005; and Reims Aviation Industries Service Bulletin No. F406-59, dated October 24, 2005, for related information. Material Incorporated by Reference
(i)You must use Reims Aviation Industries Service Bulletin No. F406-59, dated October 24, 2005, 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 Reims Aviation Industries, Aérodrome de Reims Prunay, 51360 Prunay, A l'attention du Support Client; telephone: +33 (0)3.26.48.46.53; fax: +33 (0)3.26.49.18.57.
(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 11, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-9618 Filed 5-21-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28254; Directorate Identifier 2007-NM-054-AD; Amendment 39-15065; AD 2007-11-08] RIN 2120-AA64 Airworthiness Directives; Boeing Model 727 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is superseding an existing airworthiness directive
(AD)that applies to all Boeing Model 727 airplanes. The existing AD requires a boost pump dry bay inspection to detect leakage of fuel through an arced-through conduit, and corrective action as necessary. The existing AD also requires repetitive inspections of the in-tank fuel boost pump wiring to detect chafing of the wire insulation, evidence of electrical arcing, or arc-through of the conduit wall, and applicable corrective action; and installation of sleeving over the in-tank fuel boost pump wires as a method to protect the wiring from chafing. This new AD removes certain inspection requirements from the existing AD. This new AD adds new repetitive inspections for damage of the electrical wire and sleeve that run to the fuel boost pump through a conduit in the fuel tank, and arcing damage of the conduit and signs of fuel leakage into the conduit; applicable investigative and corrective actions; and a new repetitive engine fuel suction feed operational test. Initiation of the new inspections terminates the requirements of the existing AD. This AD results from reports of a fuel tank explosion on a Model 727-200F airplane on the ground; and of chafed wires and a damaged power cable sleeve of a fuel boost pump that were discovered during an inspection required by an existing AD on a Model 737-300 airplane. We are issuing this AD to detect and correct chafing of the fuel boost pump electrical wiring and leakage of fuel into the conduit, and to prevent electrical arcing between the wiring and the surrounding conduit, which could result in arc-through of the conduit, and consequent fire or explosion of the fuel tank. DATES: This AD becomes effective June 6, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of June 6, 2007. On June 28, 1999 (64 FR 33394, June 23, 1999), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 727-28A0126, dated May 24, 1999. We must receive any comments on this AD by July 23, 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. You may examine the contents of 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., Room PL-401, Washington, DC. This docket number is FAA-2007-28254; the directorate identifier for this docket is 2007-NM-054-AD. FOR FURTHER INFORMATION CONTACT: Suzanne Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion On June 15, 1999, we issued AD 99-12-52, amendment 39-11199 (64 FR 33394, June 23, 1999) (originally issued on May 24, 1999, as telegraphic AD T99-12-52). That AD applies to all Boeing Model 727 series airplanes. That AD requires a boost pump dry bay inspection to detect leakage of fuel through an arced-through conduit, and corrective action, as necessary. That AD also requires repetitive detailed inspections of the in-tank fuel boost pump wiring to detect chafing of the wire insulation, evidence of electrical arcing, or arc-through of the conduit wall on Model 727 series airplanes, and applicable corrective action; and installation of sleeving over the in-tank fuel boost pump wires as a method to protect the wiring from chafing. That AD resulted from reports of severe wear of in-tank fuel boost pump wiring, and arc-through of the surrounding conduit on two Model 727 series airplanes. The actions specified in that AD are intended to prevent fuel tank explosion resulting from arc-through of the fuel boost pump wiring conduits. Actions Since AD Was Issued Since we issued that AD, we received a report that a fuel tank explosion occurred on a Model 727-200F airplane on the ground. Investigation revealed evidence of arcing in the metal conduit that carries power wires from the front spar through the fuel tank to the dry bay of the #1 aft fuel boost pump. In a separate incident, we received a report from Boeing that chafed power wires and a damaged power cable sleeve of a fuel boost pump were discovered during an inspection required by AD 99-12-52 on a Model 737-300 series airplane. That inspection was done at 21,000 flight hours rather than the repetitive interval of 30,000 flight hours specified by that AD. The fuel boost pump installation on certain Model 737 airplanes is almost identical to the installation on Model 727 airplanes. Other Relevant Rulemaking Operators should note that we are considering issuing a separate AD to address the identified unsafe condition as it relates to Model 737 airplanes. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 727-28A0132, dated February 22, 2007. The alert service bulletin describes procedures for doing new repetitive detailed inspections for damage of the electrical wire and sleeve that run to the fuel boost pump through a conduit in the fuel tank, and for arcing damage of, and signs of fuel leakage into, the conduit; doing a new engine fuel suction feed operational test; doing related investigative and corrective actions, as applicable; and sending inspection results and damaged parts to the manufacturer. Related investigative and corrective actions include replacing the wire sleeve with a new, smaller wire sleeve; replacing, with BMS 13-60T09C03G018 wire, any wire that is damaged or has any part number other than BMS 13-60T09C03G018 or BMS 13-60T12C03G018; doing leak testing of the conduit if signs of fuel are discovered on the wire or sleeve during any inspection; and repairing any damaged conduit or replacing it with a new conduit. AD 99-12-52 refers to Boeing Alert Service Bulletin 727-28A0126, dated May 24, 1999, as the appropriate source of service information for accomplishment of the detailed inspection and related investigative/corrective actions; that requirement is new paragraph
(i)in this AD. That service bulletin has since been revised. Revision 1, dated May 18, 2000, is essentially the same as the original and provides no new actions. 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. For this reason, we are issuing this AD to supersede AD 99-12-52. This new AD retains certain requirements of the existing AD. This AD also requires accomplishing the actions specified in the alert service bulletin described previously, which, when initiated, terminates certain requirements. Explanation of Changes Made to Existing AD We have revised the applicability of the existing AD to identify model designations as published in the most recent type certificate data sheet for the affected models. The FAA has changed all references to a “detailed visual inspection” in the existing AD to “detailed inspection” in this action. Interim Action We consider this AD interim action. If final action is later identified, we might consider further rulemaking then. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements that affect flight safety and was 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 in the ADDRESSES section. Include “Docket No. FAA-2007-28254; Directorate Identifier 2007-NM-054-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 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 Federal Aviation Administration
(FAA)amends § 39.13 by removing amendment 39-11199 (64 FR 33394, June 23, 1999) and adding the following new airworthiness directive (AD): **2007-11-08 Boeing:** Docket No. FAA-2007-28254; Directorate Identifier 2007-NM-054-AD; Amendment 39-15065. Effective Date
(a)This AD becomes effective June 6, 2007. Affected ADs
(b)This AD supersedes AD 99-12-52. Applicability
(c)This AD applies to all Boeing Model 727, 727C, 727-100, 727 -100C, 727-200, and 727-200F series airplanes, certificated in any category. Unsafe Condition
(d)This AD results from reports of a fuel tank explosion on a Model 727-200F airplane on the ground, and chafed wires and a damaged power cable sleeve of a fuel boost pump that were discovered during an inspection required by an existing AD on a Model 737-300 airplane, which has a fuel boost pump installation that is almost identical to the installation on Model 727 airplanes. We are issuing this AD to detect and correct chafing of the fuel boost pump electrical wiring and leakage of fuel into the conduit, and to prevent electrical arcing between the wiring and the surrounding conduit, which could result in arc-through of the conduit, and consequent fire or explosion of the fuel tank. 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. Restatement of Certain Requirements of AD 99-12-52
(f)For airplanes with 50,000 or more total flight hours as of June 28, 1999 (the effective date of AD 99-12-52): Within 20 days after June 28, 1999, accomplish the requirements of paragraph
(i)of this AD.
(g)For airplanes with less than 50,000 total flight hours, but more than 30,000 total flight hours, as of June 28, 1999: Within 30 days after June 28, 1999, accomplish the requirements of paragraph
(i)of this AD.
(h)For airplanes with 30,000 total flight hours or less, as of June 28, 1999: Within 90 days after June 28, 1999, accomplish the requirements of paragraph
(i)of this AD. Detailed Inspection, Corrective Action, and Installation
(i)Perform a detailed inspection of the in-tank fuel boost pump wire bundles, and applicable corrective actions; and, except as provided in paragraph
(j)of this AD, install sleeving over the wire bundles; in accordance with Boeing Alert Service Bulletin 727-28A0126, dated May 24, 1999; Boeing Service Bulletin 727-28A0126, Revision 1, dated May 18, 2000; or Boeing Alert Service Bulletin 727-28A0132, dated February 22, 2007. Note 1: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.” Installation: Possible Deferral
(j)Installation of sleeving over the wire bundles, as required by paragraph
(i)of this AD, may be deferred if, within 18 months or 6,000 flight hours, whichever occurs first, after accomplishment of the inspection and applicable corrective actions required by paragraph (i), the following actions are accomplished: Perform a detailed inspection of the in-tank fuel boost pump wire bundles, and applicable corrective actions; and install sleeving over the wire bundles; in accordance with Boeing Alert Service Bulletin 727-28A0126, dated May 24, 1999, or Boeing Service Bulletin 727-28A0126, Revision 1, dated May 18, 2000; or Boeing Alert Service Bulletin 727-28A0132, dated February 22, 2007. Repetitive Inspections and Corrective Actions
(k)Repeat the detailed inspection and applicable corrective actions required by paragraphs
(i)and
(j)of this AD at intervals not to exceed 30,000 flight hours, until the initial inspection, applicable corrective actions, and engine fuel suction feed operational test required by paragraph
(l)of this AD have been done. New Requirements of This AD Inspection, Test, and Related Investigative and Corrective Actions
(l)For all airplanes: Within 120 days after the effective date of this AD or 5,000 flight hours after the last inspection or corrective action done before the effective date of this AD as required by paragraph (i), (j), or (k), as applicable, of this AD, whichever occurs later, do a detailed inspection for damage of the sleeve and electrical wire of the fuel boost pump, and do an engine fuel suction feed operational test; and, before further flight, do related investigative and corrective actions, as applicable; by doing all applicable actions in and in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 727-28A0132, dated February 22, 2007. Repeat the detailed inspection and engine fuel suction feed operational test thereafter at intervals not to exceed 15,000 flight cycles. Accomplishment of the initial inspection, applicable corrective actions, and engine fuel suction feed operational test of this paragraph terminates the requirements of paragraphs (i), (j), and
(k)of this AD. Inspection Report and Disposition of Damaged Parts
(m)At the applicable time(s) specified in paragraph (m)(1) or (m)(2) of this AD: Submit a report of the findings (both positive and negative) of any inspection required by this AD and send any damaged parts to the manufacturer, as described in Boeing Alert Service Bulletin 727-28A0132, dated February 22, 2007. The report must include the information specified in Appendix A of the alert service bulletin. 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 contained in this AD and has assigned OMB Control Number 2120-0056.
(1)For any inspection done after the effective date of this AD: Submit the report within 30 days after the inspection.
(2)For any inspection done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. Alternative Methods of Compliance (AMOCs) (n)(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)AMOCs approved previously in accordance with AD 99-12-52 are approved as AMOCs for the corresponding provisions of this AD. Material Incorporated by Reference
(o)You must use applicable Boeing service bulletins specified in Table 1 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. Table 1.—All Material Incorporated by Reference Boeing service information Revision level Date Alert Service Bulletin 727-28A0126 Original May 24, 1999. Alert Service Bulletin 727-28A0132 Original February 22, 2007. Service Bulletin 727-28A0126 1 May 18, 2000.
(1)The Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 727-28A0132, dated February 22, 2007; and Boeing Service Bulletin 727-28A0126, Revision 1, dated May 18, 2000; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(2)On June 28, 1999 (64 FR 33394, June 23, 1999), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 727-28A0126, dated May 24, 1999.
(3)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, 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 1, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-9799 Filed 5-21-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28253; Directorate Identifier 2007-NM-031-AD; Amendment 39-15064; AD 2007-11-07] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is superseding an existing airworthiness directive
(AD)that applies to all Model 737-100, -200, -300, -400, and -500 series airplanes. The existing AD currently requires repetitive detailed inspections for damage of the electrical wire and sleeve that run through a conduit in the fuel tank to the fuel boost pump, and related investigative and corrective actions; as applicable. This new AD removes certain inspection requirements. This new AD adds repetitive detailed inspections for damage of the electrical wire and sleeve that run to the fuel boost pump through a conduit in the fuel tank, and arcing damage of the conduit and signs of fuel leakage into the conduit; replacement of the sleeve with a new, smaller-diameter sleeve; and related investigative and corrective actions, as applicable. This AD also adds airplanes to the applicability. Accomplishment of the initial new inspection and the sleeve installation terminates the requirements of the existing AD. This new AD results from a report of a fuel tank explosion on a Model 727-200F airplane on the ground, and a report of chafed wires and a damaged power cable sleeve of a fuel boost pump discovered during an inspection on a Model 737-300 airplane. We are issuing this AD to detect and correct chafing of the fuel boost pump electrical wiring and leakage of fuel into the conduit, and to prevent electrical arcing between the wiring and the surrounding conduit, which could result in arc-through of the conduit, and consequent fire or explosion of the fuel tank. DATES: This AD becomes effective June 6, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 6, 2007. On November 12, 1999 (64 FR 54763, October 8, 1999), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737-28A1120, Revision 2, dated November 26, 1998. On October 15, 1998 (63 FR 52152, September 30, 1998), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737-28A1120, Revision 1, dated May 28, 1998. On June 29, 1998 (63 FR 34271, June 24, 1998), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737-28A1120, dated April 24, 1998, as revised by Notice of Status Change NSC 01, dated May 7, 1998, Notice of Status Change NSC 02, dated May 8, 1998, and Notice of Status Change NSC 03, dated May 9, 1998. We must receive any comments on this AD by July 23, 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. You may examine the contents of 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., Room PL-401, Washington, DC. This docket number is FAA-2007-28253; the directorate identifier for this docket is 2007-NM-031-AD. FOR FURTHER INFORMATION CONTACT: Suzanne Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion On September 29, 1999, we issued AD 99-21-15, amendment 39-11360 (64 FR 54763, October 8, 1999). That AD applies to certain Boeing Model 737-100, -200, -300, -400, and -500 series airplanes. That AD requires repetitive detailed inspections for damage of the electrical wire and sleeve that run through a conduit in the fuel tank to the fuel boost pump, and related investigative and corrective actions, as applicable. That AD resulted from reports of severe wear of the fuel boost pump wiring due to chafing between the wiring and the surrounding conduit inside the fuel tank, pin-hole-sized holes in the conduit that appear to be the result of arc-through of the conduit, and exposure of the main tank boost pump wire conductor inside a conduit and signs of arcing to the wall of the conduit. The actions specified in that AD are intended to detect and correct chafing and prevent electrical arcing between the fuel boost pump electrical wiring and the surrounding conduit, which could result in arc-through of the conduit, and consequent fire or explosion of the fuel tank. Actions Since AD Was Issued Since we issued that AD, we received a report that a fuel tank explosion occurred on a Model 727-200F airplane on the ground. Investigation revealed evidence of arcing in the metal conduit that carries power wires from the front spar through the fuel tank to the dry bay of the #1 aft fuel boost pump. In a separate incident, we received a report from Boeing indicating that chafed wires and a damaged power cable sleeve of a fuel boost pump were discovered during a repetitive inspection of the power cable and sleeve of a Model 737-300 airplane; that inspection was done at approximately 21,000 flight hours rather than the repetitive interval of 30,000 flight hours specified by the existing AD. The fuel boost pump installation on certain Model 737 airplanes is almost identical to the installation on Model 727 airplanes. We have also determined that Model 737-200C series airplanes are also subject to the unsafe condition identified in AD 99-21-15. Other Relevant Rulemaking Operators should note that we are considering issuing a separate AD to address the identified unsafe condition as it relates to Model 727 airplanes. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 737-28A1263, Revision 1, dated March 19, 2007. This service bulletin differs from the service information cited in AD 99-21-15 in the following ways. The alert service bulletin describes procedures for performing new repetitive detailed inspections for damage of the electrical wire and sleeve that run to the fuel boost pump through a conduit in the fuel tank, and arcing damage of the conduit and signs of fuel leakage into the conduit; replacing the sleeve with a new, smaller-diameter sleeve; performing related investigative and corrective actions, as applicable; and reporting inspection results and returning damaged parts to the manufacturer. The repetitive interval for the detailed inspections is 15,000 flight hours (rather than 30,000 flight hours, as required by AD 99-21-15). Related investigative and corrective actions include replacing, with BMS 13-60T09C03G018 wire, any wire that is damaged or has any part number other than BMS 13-60T09C03G018 or BMS 13-60T12C03G018; doing leak testing of the conduit if signs of fuel are discovered on the wire or sleeve during any inspection; and repairing any damaged conduit or replacing it with a new conduit. 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. For this reason, we are issuing this AD to supersede AD 99-21-15. This new AD retains certain requirements of the existing AD. This AD also requires accomplishing the actions specified in the alert service bulletin described previously. Changes to Existing AD Instead of restating all of the corrective actions specified in AD 99-21-15, that is, paragraphs (h), (i), (j), and (k), we simplified these requirements by consolidating them into paragraph
(j)in this AD. We have verified that all of the information of paragraphs (h), (i), (j), and
(k)of AD 99-21-15 is contained in the service bulletin references identified in paragraph
(j)of this AD. Clarification of Applicability The applicability of AD 99-21-15 did not specifically list Model 737-200C series airplanes. Likewise, the service information (Boeing Service Bulletin 737-28A1120, original version, Revision 1, and Revision 2) cited in that AD did not specifically identify Model 737-200C series airplanes in the effectivity, although Revision 3 did identify them. Because the unsafe condition could occur on those airplanes, this AD adds them to the applicability to ensure that the actions required by this AD are accomplished on all affected airplanes. We recognize that some of these airplanes might have already been inspected as specified in the existing AD. In order to give credit for work accomplished on these airplanes, this AD adds a compliance time for the initial inspection relative to the date of the most recent inspection done in accordance with Service Bulletin 737-28A1120. Interim Action We consider this AD interim action. If final action is later identified, we may consider further rulemaking then. Explanation of Compliance Time The compliance time for the new inspection in this AD is 120 days. Based on the large number of affected U.S.-registered airplanes and the amount of time required to accomplish the required actions, including corrective actions, we consider that this compliance time is necessary to avoid unnecessarily disrupting flight schedules. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements that affect flight safety and was 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 in the ADDRESSES section. Include “Docket No. FAA-2007-28253; Directorate Identifier 2007-NM-031-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 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 Federal Aviation Administration
(FAA)amends § 39.13 by removing amendment 39-11360 (64 FR 54763, October 8, 1999) and adding the following new airworthiness directive (AD): **2007-11-07 Boeing:** Docket No. FAA-2007-28253; Directorate Identifier 2007-NM-031-AD; Amendment 39-15064. Effective Date
(a)This AD becomes effective June 6, 2007. Affected ADs
(b)This AD supersedes AD 99-21-15. Applicability
(c)This AD applies to all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes, certificated in any category. Unsafe Condition
(d)This AD results from a report of a fuel tank explosion on a Model 727-200F airplane on the ground, and a report of chafed wires and a damaged power cable sleeve of a fuel boost pump discovered during an inspection on a Model 737-300 airplane. (The fuel boost pump installation on certain Model 737 airplanes is almost identical to the installation on Model 727 airplanes.) We are issuing this AD to detect and correct chafing of the fuel boost pump electrical wiring and leakage of fuel into the conduit, and to prevent electrical arcing between the wiring and the surrounding conduit, which could result in arc-through of the conduit, and consequent fire or explosion of the fuel tank. 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. Restatement of Certain Requirements of AD 99-21-15 Certain Inspections Required by AD 98-11-52
(f)For Model 737-100, -200, -300, -400, and -500 series airplanes: Prior to the accumulation of 30,000 total flight hours or within 45 days after June 29, 1998 (the effective date of AD 98-11-52, amendment 39-10611, which was superseded by AD 98-19-09), whichever occurs later, remove the fuel boost pump wiring from the in-tank conduit for the aft boost pumps in main tanks numbers 1 and 2, and the center tank left and right boost pumps, and perform a detailed visual inspection to detect damage of the wiring, in accordance with the procedures specified in Boeing Alert Service Bulletin 737-28A1120, dated April 24, 1998, as revised by Notices of Status Change NSC 01, dated May 7, 1998, NSC 02, dated May 8, 1998, and NSC 03, dated May 9, 1998; Revision 1, dated May 28, 1998; or Revision 2, dated November 26, 1998. Inspections Required by AD 98-19-09
(g)For Model 737-100, -200, -300, -400, and -500 series airplanes that have accumulated 20,000 or more total flight hours and less than 30,000 total flight hours as of October 15, 1998 (the effective date of AD 98-19-09, amendment 39-10751, which was superseded by AD 99-21-15): Within 60 days after October 15, 1998, remove the fuel boost pump wiring from the in-tank conduit for the aft boost pumps in main tanks numbers 1 and 2, and the center tank left and right boost pumps, and perform a detailed visual inspection to detect damage of the wiring; in accordance with the procedures specified in Boeing Alert Service Bulletin 737-28A1120, dated April 24, 1998, as revised by Notices of Status Change NSC 01, dated May 7, 1998, NSC 02, dated May 8, 1998, and NSC 03, dated May 9, 1998; Revision 1, dated May 28, 1998; or Revision 2, dated November 26, 1998. Inspections Required by AD 99-21-15
(h)For Model 737-100, -200, -300, -400, and -500 series airplanes: Remove the fuel boost pump wiring from the in-tank conduit for the aft boost pumps in main tanks numbers 1 and 2, and the center tank left and right boost pumps, and perform a detailed visual inspection to detect damage of the wiring; at the time specified in paragraph (h)(1) or (h)(2) of this AD, as applicable. Perform these actions in accordance with the procedures specified in Boeing Alert Service Bulletin 737-28A1120, dated April 24, 1998, as revised by Notices of Status Change NSC 01, dated May 7, 1998, NSC 02, dated May 8, 1998, and NSC 03, dated May 9, 1998; Revision 1, dated May 28, 1998; or Revision 2, dated November 26, 1998.
(1)For airplanes having line numbers 1 through 3072 inclusive that have accumulated less than 20,000 total flight hours as of October 15, 1998: Inspect at the earlier of the times specified in paragraphs (h)(1)(i) and (h)(1)(ii) of this AD.
(i)Prior to the accumulation of 20,000 total flight hours, or within 60 days after November 12, 1999 (the effective date of AD 99-21-15), whichever occurs later.
(ii)Within 24 months after November 12, 1999.
(2)For airplanes having line numbers 3073 and subsequent: Inspect prior to the accumulation of 30,000 total flight hours. Repetitive Intervals
(i)For Model 737-100, -200, -300, -400, and -500 series airplanes: Repeat the inspection required by paragraph (f), (g), or
(h)of this AD, as applicable, at intervals not to exceed 30,000 flight hours after initial accomplishment of the applicable inspection, until the initial inspection, applicable corrective actions, and sleeve installation required by paragraph
(k)of this AD have been done. Corrective Actions
(j)If any discrepancy is found during any inspection required by paragraph (f), (g), (h), or
(i)of this AD: Before further flight, repair the discrepancy in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-28A1120, dated April 24, 1998, as revised by Notices of Status Change NSC 01, dated May 7, 1998, NSC 02, dated May 8, 1998, and NSC 03, dated May 9, 1998; Revision 1, dated May 28, 1998; Revision 2, dated November 26, 1998; or Revision 3, dated April 26, 2001. New Requirements of This AD Inspection and Related Investigative and Corrective Actions
(k)At the applicable time specified by paragraph (k)(1) or (k)(2) of this AD: Do a detailed inspection for damage of the sleeve and electrical wire of the fuel boost pump; and, before further flight, install a new, smaller-diameter sleeve, and do related investigative and corrective actions, as applicable; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-28A1263, Revision 1, dated March 19, 2007. Thereafter, repeat the detailed inspection at intervals not to exceed 15,000 flight cycles. Accomplishment of the initial inspection, applicable corrective actions, and sleeve installation required by this paragraph terminates the requirements of paragraphs (f), (g), (h), and
(i)of this AD.
(1)For Model 737-100, -200, -300, -400, and -500 series airplanes: Within 120 days after the effective date of this AD, or within 5,000 flight hours after the last inspection or repair done as required by paragraph (f), (g), (h), or (i), as applicable, of this AD, whichever occurs later.
(2)For Model 737-200C series airplanes: Within 120 days after the effective date of this AD, or within 5,000 flight hours after the last inspection or repair done in accordance with any version of Boeing Alert Service Bulletin 737-28-1120, whichever occurs later. Inspection Report and Disposition of Damaged Parts
(l)At the applicable time specified in paragraph (l)(1) or (l)(2) of this AD: Submit a report of the findings (both positive and negative) of any inspection required by paragraph
(k)of this AD and send any damaged parts to the manufacturer, as described in Boeing Alert Service Bulletin 737-28A1263, Revision 1, dated March 19, 2007. The report must include the inspection results, a description of any discrepancies found, the airplane serial number, and the number of landings and flight hours on the airplane. 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 contained in this AD and has assigned OMB Control Number 2120-0056.
(1)For any inspection done after the effective date of this AD: Submit the report within 30 days after the inspection.
(2)For any inspection done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD. Credit for Actions Done Using Previous Service Information
(m)Actions accomplished before the effective date of this AD in accordance with Boeing Service Bulletin 737-28A1263, dated February 19, 2007, are considered acceptable for compliance with the corresponding actions specified in this AD. Alternative Methods of Compliance (AMOCs) (n)(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)AMOCs approved previously in accordance with AD 99-21-15, amendment 39-11360, are approved as AMOCs for the corresponding provisions of this AD. Material Incorporated by Reference
(o)You must use applicable Boeing service bulletins specified in Table 1 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. Table 1.—All Material Incorporated by Reference Service Bulletin Revision level Date Boeing Alert Service Bulletin 737-28A1120, as revised by Notice of Status Change NSC 01, dated May 7, 1998, Notice of Status Change NSC 02, dated May 8, 1998, and Notice of Status Change NSC 03, dated May 9, 1998 Original April 24, 1998. Boeing Alert Service Bulletin 737-28A1120 1 May 28, 1998. Boeing Alert Service Bulletin 737-28A1120 2 November 26, 1998. Boeing Service Bulletin 737-28A1120 3 April 26, 2001. Boeing Alert Service Bulletin 737-28A1263 1 March 19, 2007.
(1)The Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737-28A1263, Revision 1, dated March 19, 2007; and Boeing Service Bulletin 737-28A1120, Revision 3, dated April 26, 2001; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(2)On November 12, 1999 (64 FR 54763, October 8, 1999), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737-28A1120, Revision 2, dated November 26, 1998.
(3)On October 15, 1998 (63 FR 52152, September 30, 1998), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737-28A1120, Revision 1, dated May 28, 1998.
(4)On June 29, 1998 (63 FR 34271, June 24, 1998), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 737-28A1120, dated April 24, 1998, as revised by Notice of Status Change NSC 01, dated May 7, 1998, Notice of Status Change NSC 02, dated May 8, 1998, and Notice of Status Change NSC 03, dated May 9, 1998.
(5)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, 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 2, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-9801 Filed 5-21-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1313 [Docket No. DEA-292N] RIN 1117-AB06 Implementation of the Combat Methamphetamine Epidemic Act of 2005; Notice of Transfers Following Importation or Exportation; Temporary Stay of Certain Provisions AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Interim final rule with request for comment; temporary stay of provisions. SUMMARY: On April 9, 2007, the Drug Enforcement Administration
(DEA)published an Interim Final Rule with Request for Comment in the **Federal Register** (72 FR 17401) implementing the provisions of section 716 of the Combat Methamphetamine Epidemic Act of 2005
(CMEA)(21 U.S.C. 971 as amended), enacted March 9, 2006, which required additional reporting for import, export, and international transactions involving all List I and List II chemicals. Subsequent to publication of the Interim Final Rule, DEA received both written and verbal comments from the regulated industry requesting the delay of the effective date of the rulemaking to allow industry more time to fully comply with the new provisions. The rule became effective May 9, 2007. After careful consideration of the comments received, DEA is temporarily staying the provisions of the Interim Final Rule with Request for Comment published April 9, 2007, by 30 days, from May 9, 2007 to June 8, 2007. DATES: Effective May 22, 2007, through June 7, 2007, the provisions of 21 CFR 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.17, 1313.26, 1313.27, 1313.32(d), 1313.32(e), and 1313.35 are temporarily stayed. FOR FURTHER INFORMATION CONTACT: Mark W. Caverly, Chief, Liaison and Policy Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537 at
(202)307-7297. SUPPLEMENTARY INFORMATION: Background On March 9, 2006, the President signed the Combat Methamphetamine Epidemic Act of 2005 (CMEA), which is Title VII of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Pub. L. 109-177). On April 9, 2007, the Drug Enforcement Administration
(DEA)published an Interim Final Rule with Request for Comment (72 FR 17401) implementing section 716 of the CMEA. That section addressed the importation, exportation, and international transactions of all List I and List II chemicals. Briefly, section 716 of the CMEA (21 U.S.C. 971 as amended) extends the current reporting requirements—as well as the current exemption for regular importers and regular customers—to post-import and post-export transactions of List I and List II chemicals. With implementation of the Interim Final Rule with Request for Comment, importers, exporters, brokers, and traders are required to notify DEA, before the transaction is to take place, of certain information regarding their downstream customers. This person is referred to as the “transferee” of the United States importer, exporter, broker or trader. Notification occurs on a new DEA Form 486. If the transferee changes, or the quantity of the chemical is increased after initial notification to DEA, the importer, exporter, broker or trader must file an amended DEA Form 486 with DEA. Within 30 days after the importation, exportation, or international transaction is completed, the importer, exporter, broker, or trader must send DEA a return declaration containing information regarding the transaction. The requirements of section 716 and the implementing regulations were discussed extensively in DEA's Interim Final Rule with Request for Comment published April 9, 2007. This Interim Final Rule became effective May 9, 2007. Comments Received Subsequent to publication of the Interim Final Rule, DEA received two written requests for a delay of the effective date of the rule, one from a national chemical association and the other from a large chemical company. Commenters indicated that more time was needed to fully comply with the provisions of the Interim Final Rule. Commenters also sought clarification regarding procedural implementation of the rule. DEA also received verbal communications from other organizations and individual registrants regarding procedural concerns and requests for clarification regarding the rule. Temporary Stay of Provisions After careful consideration of the concerns expressed by the regulated industry, DEA is temporarily staying certain provisions of the Interim Final Rule with Request for Comment published April 9, 2007. Specifically, DEA is temporarily staying the following provisions: • The waiver of the 15-day advance notification requirement for importations of a listed chemical for which the importer intends to transfer the listed chemical to a person who is a regular customer of the chemical; • The requirement that importers, exporters, brokers and traders notify DEA of the transferee of the listed chemical; • The requirement that importers, exporters, brokers and traders amend the advance notification (DEA Form 486) if the transferee changes or the quantity of the chemical to be transferred increases; and • The requirement that importers, exporters, brokers and traders file return declarations regarding importations, exportations, and international transactions with DEA. These provisions are being temporarily stayed until June 8, 2007. This temporary stay applies only to those provisions implemented by section 716 of CMEA. All other provisions regarding the importation, exportation, and international transactions involving List I and List II chemicals remain in full force and effect. Implementation of the Interim Final Rule Published April 9, 2007 The following implementation guidance is provided pursuant to the temporary stay of 21 CFR 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.17, 1313.26, 1313.27, 1313.32(d), 1313.32(e), and 1313.35. Effective June 8, 2007, all United States importers, exporters, brokers and traders of List I and List II chemicals must use the revised DEA Form 486 to notify DEA of their imports, exports, and international transactions. This revised form is available on the Diversion Control Program Web site, *http://www.deadiversion.usdoj.gov.* Persons who submit import, export, and international transaction advance notifications to DEA on the new form prior to June 8, 2007, are not required to provide a return declaration to DEA regarding those transactions. Effective June 8, 2007, all persons previously granted regular importer status will no longer hold that status. Every import of a List I and List II chemical must be reported to DEA not later than 15 days prior to the proposed importation. This report must include the name of the person to whom the chemical is proposed to be transferred and the amount of the chemical proposed to be transferred. As DEA discussed in the April 9, 2007, Interim Final Rule, DEA will evaluate each proposed importation based not only on the chemical to be imported but on the transferee information supplied by the importer as well. This process will allow for the establishment of regular customer status by transferees of United States importers, and for establishment of regular importer status by importers importing a specific listed chemical intended for sale to a specific customer. Effective June 8, 2007, all persons importing, exporting, and conducting international transactions involving List I and List II chemicals must provide return declarations to DEA. Pursuant to the authority of the Attorney General to promulgate and enforce rules and regulations under the Controlled Substances Act (21 U.S.C. 871(b)), as delegated to the Deputy Assistant Administrator of the Office of Diversion Control by 28 CFR Part 0, Appendix to Subpart R, section 7, effective May 22, 2007, through June 7, 2007, the provisions of 21 CFR 1313.12(c)(1)(ii), 1313.13(c)(5), 1313.16, 1313.17, 1313.26, 1313.27, 1313.32(d), 1313.32(e), and 1313.35 are temporarily stayed. Dated: May 15, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control. [FR Doc. 07-2551 Filed 5-18-07; 8:59 am]
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U.S. Code
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- 14 CFR 39
- 1 CFR 51
- 21 CFR 1313
- Pub. L. 109-177
- 28 CFR 0
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