Unknown. Final rule

11,993 words·~55 min read·/register/2007/05/25/07-2605

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-2007-05-25.xml --- 72 101 Friday, May 25, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Air Force Air Force Department NOTICES Active military service and discharge determinations: U.S. and foreign civilian employees of CAT, Inc. (1950-1951, 1954, 1958-1962) and Air America, Inc. (1959-1962, 1964-1975) in various Asisan countries, 29310-29311 E7-10102 Agency information collection activities; proposals, submissions, and approvals, 29311-29312 07-2592 07-2593 07-2594 Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 29293-29294 E7-10106 Environmental statements; notice of intent:

Solid wood packing material; importation, 29294 E7-10107 Army Army Department See Engineers Corps Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 29322 E7-10104 Correction, 29322 E7-10103 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare:

Medicare Advantage and Part D prescription drug contract determinations, appeals, and intermediate sanctions processes; revisions, 29368-29402 07-2579 Prescription drug benefit; policy and technical changes, 29403-29423 07-2577 NOTICES Agency information collection activities; proposals, submissions, and approvals, 29322-29323 E7-10097 07-2578 Medicaid and Medicare: Designated organ procurement service area; hospital waiver request, 29323-29325 07-2441 Medicare: Deeming authority applications, approvals, denials, etc.— American Diabetes Association, 29325-29326 07-2454 Durable medical equipment, prosthetics, orthotics, and supplies suppliers, 29326-29328 E7-10156 Meetings:

Medicare— Ambulatory Payment Classfication Groups Advisory Panel, 29328-29330 E7-9521 New clinical laboratory tests payment determinations, 29330-29331 E7-9525 Medicare Coverage Advisory Committee, 29331-29332 E7-9780 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 29296 07-2630 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Great Lakes Naval Training Center Habor, North Chicago, IL, 29254-29256 E7-10146 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 29294-29296 E7-10144 E7-10145 Commodity Commodity Futures Trading Commission RULES Official seal; permissible uses, 29246-29247 07-2605 Defense Defense Department See Air Force Department See Engineers Corps RULES Conduct on Pentagon Reservation and Raven Rock Mountain Complex; administrative changes, 29250-29254 E7-10022 NOTICES Environmental statements; record of decision:

White Sands Missile Range, NM; Defense Threat Reduction Agency activities, 29306 07-2595 Privacy Act; system of records, 29307-29310 E7-10112 E7-10113 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Martin County, FL; Martin County Beach Erosion Control Project, 29312-29313 07-2580 Engraving Engraving and Printing Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 29363 E7-10133 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Florida, 29273-29276 E7-10061 Ohio, 29269-29273 E7-10054 Superfund program: National oil and hazardous substances contingency plan priorities list, 29276-29277 E7-10055 PROPOSED RULES Air pollutants, hazardous; national emission standards: Risk and technology review (Phase II, Group 2), 29287-29289 E7-10128 Air quality implementation plans; approval and promulgation; various States: Florida, 29287 E7-10063 NOTICES Environmental statements; availability, etc.: Agency comment availability, 29313-29314 E7-10132 Agency weekly receipts, 29314-29315 E7-10131 Pesticide registration, cancellation, etc.:

Chloroneb, 29315-29317 E7-10116 Toxic and hazardous substances control: Polychlorinated biphenyls (PCBs)— Army chemical agent rocket incinerator PCBs disposal approval, 29317-29319 E7-10117 Test marketing exemptions— Organic acid producing organism; approved, 29319-29320 E7-10067 Water programs: Hazardous waste injection restrictions— Occidental Chemical Corp. Class I injection well, Wichita, KS; disposal exemption, 29320 E7-10118 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Federal Accounting Federal Accounting Standards Advisory Board NOTICES Reports and guidance documents; availability, etc.:

Accounting for Federal oil and gas resources, 29320 07-2606 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 29241-29244 E7-10025 Bombardier, 29239-29241 E7-10035 Fokker, 29245-29246 E7-10023 McDonnell Douglas, 29237-29239 E7-10024 PROPOSED RULES Airworthiness directives: Boeing, 29280-29282 E7-10105 E7-10137 McDonnell Douglas, 29278-29280 E7-10138 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 29321 07-2633 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings;

Sunshine Act, 29360-29361 07-2644 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Red River Valley & Western Railroad, 29361 E7-10153 Traffic control systems; discontinuance or modification: Union Pacific Railroad Co., 29361-29362 E7-10152 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 29321 E7-10119 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 29348 E7-10115 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 29332-29333 E7-10086 Biological products:

Patent extension; regulatory review period determinations— MYOZYME, 29333-29334 E7-10087 Human drugs: Patent extension; regulatory review period determinations— PREZISTA, 29335-29336 E7-10147 SPRYCEL, 29334-29335 E7-10089 Medical devices: Patent extension; regulatory review period determinations— KDR 401 and 403 PACEMAKERS, 29336-29337 E7-10127 Reports and guidance documents; availability, etc.: Complementary and alternative medicine products and their regulation by FDA, 29337-29338 07-2610 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Privacy Act regulations:

Systems of records exemptions, 29289-29292 E7-10143 NOTICES Meetings: Bioethics, President's Council, 29321-29322 E7-10092 Homeland Homeland Security Department See Coast Guard NOTICES Meetings: Homeland Security Advisory Council, 29341-29342 07-2642 Privacy Act; systems of records, 29342 E7-10085 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 29342-29347 E7-9889 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting:

Super Net Computers, L.L.C., 29296-29299 07-2604 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 29299-29300 E7-10134 Carbon and alloy steel wire rod from— Mexico, 29300-29301 E7-10091 Countervailing duties: Low enriched uranium from— France, 29301-29302 E7-10136 Practice and procedure: Antidumping proceedings involving China; market-economy treatment to individual respondents, 29302-29304 E7-10130 International International Trade Commission NOTICES Import investigations:

Glycine from— Various countries, 29352-29353 E7-10098 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: California Desert Advisory Council, 29348-29349 E7-10088 Resource Advisory Councils— John Day/Snake, 29349 E7-10135 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 29354-29355 E7-10079 National Institute National Institute of Standards and Technology NOTICES Grants and cooperative agreements; availability, etc.:

Advanced Technology Program, 29304 07-2641 Meetings: Information Security and Privacy Advisory Board, 29304 E7-10129 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 29338-29339 E7-10093 Meetings: National Heart, Lung, and Blood Institute, 29339 07-2588 National Institute of Child Health and Human Development, 29340 07-2591 National Institute of General Medical Sciences, 29340 07-2590 National Institute of Nursing Research, 29339 07-2589 NOAA National Oceanic and Atmospheric Administration NOTICES Environmental statements; notice of intent:

Lower Duwamish River, WA; restoration planning to compensate for injuries to natural resources; scoping meetings, 29304-29305 E7-10141 Meetings: Marine Fisheries Advisory Committee, 29305-29306 E7-10149 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 29349-29352 07-2599 07-2600 Meetings: National Park of American Samoa Federal Advisory Commission, 29352 07-2598 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 29353-29354 E7-9943 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Peace Peace Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 29356-29357 07-2601 07-2602 07-2603 Privacy Act; system of records, 29357-29359 E7-10142 Postal Postal Regulatory Commission PROPOSED RULES Practice and procedure: Market dominant and competitive postal products; rate regulation; comment request, 29284-29287 E7-10095 Postal Postal Service RULES Domestic Mail Manual:

Periodicals mailing services; new standards, 29256-29269 E7-10139 Presidential Presidential Documents ADMINISTRATIVE ORDERS Migration and Refugee Assistance Act of 1962; availability of funds (Presidential Determination) No. 2007-19 of May 10, 2007, 29425-29428 07-2654 State State Department NOTICES Culturally significant objects imported for exhibition: Arts of Latin America (1492-1820), 29359 E7-10122 Geli Korzhev, Russia, 2nd Half of the 20th Century, 29359 E7-10121 Meetings:

Shipping Coordinating Committee, 29359 E7-10125 Presidential permit applications: Enbridge Energy LP; crude oil and liquid hydrocarbon pipeline at U.S.-Canadian border; construction, connection, operation, and maintenance, 29360 E7-10124 Enbridge Pipelines (Southern Lights) LLC; crude oil and liquid hydrocarbon pipeline at U.S.-Canadian border; construction, connection, operation, and mainte, 29360 E7-10123 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 29340-29341 E7-10100 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Lone Star Technologies, Inc., 29362 E7-10114 Railroad services abandonment: CSX Transportation, Inc., 29362-29363 E7-10073 Trade Trade Representative, Office of United States NOTICES U.S.-Chile Free Trade Agreement: Tariff elimination acceleration and rules of origin modification, 29355-29356 E7-10150 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Engraving and Printing Bureau RULES Dominican Republic-Central America Free Trade Agreement:

Preferential tariff treatment; retroactive application, 29247-29250 07-2587 Customs U.S. Customs and Border Protection RULES Dominican Republic-Central America Free Trade Agreement: Preferential tariff treatment; retroactive application, 29247-29250 07-2587 NOTICES PIMA Cotton Trust Fund; claims and affidavits deadlines, 29363-29365 E7-10090 Veterans Veterans Affairs Department NOTICES Veterans Health Administration: Physicians and dentists; annual pay ranges; correction, 29366 C7-2401 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 29368-29423 07-2577 07-2579 Part III Executive Office of the President, Presidential Documents, 29425-29428 07-2654 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. 72 101 Friday, May 25, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27338; Directorate Identifier 2006-NM-148-AD; Amendment 39-15070; AD 2007-11-13] RIN 2120-AA64 Airworthiness Directives;

McDonnell Douglas Model 717-200 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to all McDonnell Douglas Model 717-200 airplanes. That AD currently requires revising the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness to incorporate new removal limits for certain components of the flap system and to reduce the interval of inspections for fatigue cracking of certain principal structural elements (PSEs). This new AD requires revising the ALS of the Instructions for Continued Airworthiness to incorporate reduced initial inspection and repeat inspection intervals for certain PSEs. This AD results from a revised damage tolerance analysis. We are issuing this AD to detect and correct fatigue cracking of certain PSEs, which could adversely affect the structural integrity of the airplane. DATES: This AD becomes effective June 29, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 29, 2007. On September 23, 2003 (68 FR 49686, August 19, 2003), the Director of the Federal Register approved the incorporation by reference of Boeing Report No. MDC-96K9063, Revision 3, dated August 2002. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: David Rathfelder, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5229; fax

(562)627-5210. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

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

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

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2003-17-01, amendment 39-13274 (68 FR 49686, August 19, 2003). The existing AD applies to all McDonnell Douglas Model 717-200 airplanes. That NPRM was published in the **Federal Register** on February 26, 2007 (72 FR 8303). That NPRM proposed to continue to require revising the Airworthiness Limitations Section

(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. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance The FAA estimates that 108 airplanes of U.S. registry are affected by AD 2003-17-01, that it takes approximately 1 work hour per airplane to accomplish the required actions, and that the average labor rate is $80 per work hour. Based on these figures, the cost impact on U.S. operators of the actions required by AD 2003-17-01 and retained in this AD is estimated to be $8,640, or $80 per airplane. There are about 155 airplanes of the affected design in the worldwide fleet. This AD affects about 121 airplanes of U.S. registry. The new required maintenance and inspection program revision takes about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the new AD to U.S. operators is $9,680, or $80 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-13274 (68 FR 49686, August 19, 2003) and by adding the following new airworthiness directive (AD): **2007-11-13 McDonnell Douglas:** Amendment 39-15070. Docket No. FAA-2007-27338; Directorate Identifier 2006-NM-148-AD. Effective Date

(a)This AD becomes effective June 29, 2007. Affected ADs

(b)This AD supersedes AD 2003-17-01. Applicability

(c)This AD applies to all McDonnell Douglas Model 717-200 airplanes, certificated in any category. Note 1: This AD requires revisions to certain operator maintenance documents to incorporate new inspections for fatigue cracking of principal structural elements (PSEs). Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to incorporate the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph

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

(AC)25-1529-1. Unsafe Condition

(d)This AD results from a revised damage tolerance analysis. We are issuing this AD to detect and correct fatigue cracking of certain PSEs, which could adversely affect the structural integrity 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. Restatement of Requirements of AD 2003-17-01 Revising Airworthiness Limitations Section

(f)Within 180 days after September 23, 2003 (the effective date of AD 2003-17-01), revise the Airworthiness Limitations Section of the Instructions for Continued Airworthiness, Airworthiness Limitations Instructions (ALI), in accordance with Boeing Report No. MDC-96K9063, Revision 3, dated August 2002.

(g)Except as provided by paragraph

(j)of this AD: After the actions specified in paragraph

(f)of this AD have been done, no alternative inspection intervals or replacement times may be approved for the PSEs and safe-life limited parts specified in Boeing Report No. MDC-96K9063, Revision 3, dated August 2002. New Requirements of This AD Revising Airworthiness Limitations Section Using Revision 5

(h)Within 180 days after the effective date of this AD: Revise the Airworthiness Limitations Section of the Instructions for Continued Airworthiness, ALI, in accordance with Boeing 717-200 ALI, Report MDC-96K9063, Revision 5, dated February 2006.

(i)Except as provided by paragraph

(j)of this AD: After the actions specified in paragraph

(h)of this AD have been done, no alternative inspection intervals or replacement times may be approved for the PSEs and safe-life limited parts specified in Boeing 717-200 ALI, Report MDC-96K9063, Revision 5, dated February 2006. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Los Angeles Aircraft Certification Office, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)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, Los Angeles 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.

(3)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. Material Incorporated by Reference

(k)You must use Boeing Report No. MDC-96K9063, Revision 3, dated August 2002; and Boeing 717-200 Airworthiness Limitations Instructions, Report MDC-96K9063, Revision 5, dated February 2006; as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approves the incorporation by reference of Boeing 717-200 Airworthiness Limitations Instructions, Report MDC-96K9063, Revision 5, dated February 2006, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On September 23, 2003 (68 FR 49686, August 19, 2003), the Director of the Federal Register approved the incorporation by reference of Boeing Report No. MDC-96K9063, Revision 3, dated August 2002.

(3)Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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 15, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10024 Filed 5-24-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27016; Directorate Identifier 2006-NM-176-AD; Amendment 39-15066; AD 2007-11-09] RIN 2120-AA64 Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to certain Bombardier Model DHC-8-400 series airplanes. That AD currently requires inspecting the electrical connectors of the fire bottles for the forward and aft baggage compartments and for the auxiliary power unit

(APU)and engine nacelles to determine if they are connected correctly, and doing related investigative and corrective actions if necessary. This new AD adds a requirement to install/modify lanyards, mounts, and clamps to the forward and aft baggage compartment, APU, and engine nacelle fire extinguishing systems. This new AD also requires revising the aircraft maintenance manual to incorporate installation and removal procedures for certain fire bottles and fire extinguisher cartridges. This new AD also adds two airplanes to the applicability. This AD results from reports of the electrical connectors for the fire bottles in the forward and aft baggage compartments, APU, and engine nacelle being cross-connected. We are issuing this AD to detect and correct cross-connection of the fire bottles and to prevent cross-connection, which could result in failure of the fire bottles to discharge and consequent inability to extinguish a fire in the affected areas. DATES: This AD becomes effective June 29, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of June 29, 2007. On July 5, 2005 (70 FR 35172, June 17, 2005), the Director of the Federal Register approved the incorporation by reference of Bombardier Alert Service Bulletin A84-26-06, dated May 12, 2005. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Ezra Sasson, Aerospace Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone

(516)228-7320; fax

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

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

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2005-12-17, amendment 39-14133 (70 FR 35172, June 17, 2005). The existing AD applies to certain Bombardier Model DHC-8-400 series airplanes. That NPRM was published in the **Federal Register** on January 26, 2007 (72 FR 3756). That NPRM proposed to require inspecting the electrical connectors of the fire bottles for the forward and aft baggage compartments and for the auxiliary power unit

(APU)and engine nacelles to determine if they are connected correctly; and doing related investigative and corrective actions, if necessary. That NPRM proposed to add a requirement to install/modify lanyards, mounts, and clamps to the forward and aft baggage compartment, APU, and engine nacelle fire extinguishing systems. That NPRM also proposed to require installation and removal procedures for certain fire bottles and fire extinguisher cartridges. That NPRM also proposed to add two airplanes to the applicability. Comments We provided the public the opportunity to participate in the development of this AD. No comments have been received on the NPRM or on the determination of the cost to the public. Change to Installation and Removal Requirement We have revised the requirement specified in paragraph

(h)of the NPRM. Paragraph

(h)of the NPRM specifies to do certain installations and removals of the fire bottles and cartridges in accordance with a method approved by the FAA or Transport Canada Civil Aviation (or its delegated agent). Paragraph

(h)of the NPRM also specifies that Bombardier Dash 8 Series 400 Aircraft Maintenance Manual, Product Support Manual

(PSM)1-84-2, Revision 22, dated June 5, 2006, is one approved method. We have determined that operators need to only revise the FAA-approved maintenance program to incorporate the information for those installations and removals of the fire bottles and cartridges specified in Bombardier Dash 8 Series 400 Aircraft Maintenance Manual, Product Support Manual

(PSM)1-84-2, Revision 22, dated June 5, 2006. This will place less of a burden on operators because operators will not need to make a maintenance log entry to show compliance every time one of the installations or removals is done. We have revised paragraph

(h)of this AD accordingly. 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. Conclusion We have carefully reviewed the available data 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 Inspection (required by AD 2005-12-17) 2 $80 $0 $160 19 $3,040. Modification (new action) 4 80 Up to $200 520 21 Up to $10,920. Revision 1 80 0 80 19 $1,520. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(FAA)amends § 39.13 by removing amendment 39-14133 (70 FR 35172, June 17, 2005) and by adding the following new airworthiness directive (AD): **2007-11-09 Bombardier, Inc. (Formerly de Havilland, Inc.):** Amendment 39-15066. Docket No. FAA-2007-27016; Directorate Identifier 2006-NM-176-AD. Effective Date

(a)This AD becomes effective June 29, 2007. Affected ADs

(b)This AD supersedes AD 2005-12-17. Applicability

(c)This AD applies to Bombardier Model DHC-8-400 series airplanes, certificated in any category; serial numbers (S/Ns) 4001 through 4107 inclusive. Unsafe Condition

(d)This AD results from reports of the electrical connectors for the fire bottles in the forward and aft baggage compartments, auxiliary power unit (APU), and engine nacelle being cross-connected. We are issuing this AD to detect and correct cross-connection of the fire bottles and to prevent cross-connection, which could result in failure of the fire bottles to discharge and consequent inability to extinguish a fire in the affected areas. Compliance

(f)For airplanes having S/Ns 4001 through 4105 inclusive: Within 14 days after July 5, 2005 (the effective date of AD 2005-12-17), inspect the electrical connectors of the fire bottles for the forward and aft baggage compartments and for the APU and engine nacelles to determine if they are connected correctly; and, before further flight, do the related investigative and corrective actions, as applicable; by doing all of the applicable actions specified in the Accomplishment Instructions of Bombardier Alert Service Bulletin A84-26-06, dated May 12, 2005; or Revision ‘A,' dated June 6, 2005. Although the service bulletins specify to submit certain information to the manufacturer, this AD does not include that requirement. New Requirements of This AD Installation/Modification

(g)For all airplanes: Within 5,000 flight hours after the effective date of this AD, install/modify lanyards, mounts, and clamps to the forward and aft baggage compartment, APU, and engine nacelle fire extinguishing systems by doing all the actions specified in the Accomplishment Instructions of Bombardier Service Bulletin 84-26-07, Revision ‘B,' dated November 1, 2006. Revision of Aircraft Maintenance Manual

(h)For airplanes having S/Ns 4001 through 4105 inclusive: Within 30 days after the effective date of this AD, incorporate the information in the page blocks of Bombardier Dash 8 Series 400 Aircraft Maintenance Manual (AMM), Product Support Manual

(PSM)1-84-2, Revision 22, dated June 5, 2006, specified in paragraphs (h)(1), (h)(2), (h)(3), (h)(4), (h)(5), (h)(6), and (h)(7) of this AD, into the FAA-approved maintenance program to specify an installation and removal of nacelle fire bottles, an installation of aft high-rate fire bottles, an installation of forward high-rate fire bottles, an installation and removal of low-rate fire bottles, an installation of APU fire bottles, an installation and removal of low-rate fire extinguisher cartridges, and an installation and removal of nacelle fire extinguisher cartridges, in accordance with a method approved by either the Manager, New York Aircraft Certification Office (ACO), FAA; or Transport Canada Civil Aviation (or its delegated agent). The page blocks of the Bombardier Dash 8 Series 400 AMM specified in paragraphs (h)(1), (h)(2), (h)(3), (h)(4), (h)(5), (h)(6), and (h)(7) of this AD, are one approved method for the actions required by this paragraph.

(1)Chapter 26-21-01, Page Block 401, dated December 5, 2005.

(2)Chapter 26-21-06, Page Block 401, dated December 5, 2005.

(3)Chapter 26-22-02, Page Block 401, dated December 5, 2005.

(4)Chapter 26-22-03, Page Block 401, dated December 5, 2005.

(5)Chapter 26-22-11, Page Block 401, dated December 5, 2005.

(6)Chapter 26-22-16, Page Block 401, dated December 5, 2005.

(7)Chapter 26-23-01, Page Block 401, dated December 5, 2005. Actions Accomplished According to Previous Issue of Service Bulletin

(i)Actions accomplished before the effective date of this AD in accordance with Bombardier Service Bulletin 84-26-07, dated June 15, 2005; and Revision ‘A,' dated February 21, 2006; are considered acceptable for compliance with the corresponding action specified in paragraph

(g)of this AD, provided the intended restriction of the connectors was done as specified in Bombardier Service Bulletin 84-26-07, Revision ‘B,' dated November 1, 2006. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, New York 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. Related Information

(k)Canadian airworthiness directive CF-2005-14R1, dated May 8, 2006, also addresses the subject of this AD. Material Incorporated by Reference

(l)You must use the service information identified 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 Bombardier Service Bulletin Revision level Date A84-26-06 Original May 12, 2005. A84-26-06 ‘A’ June 6, 2005. 84-26-07 ‘B’ November 1, 2006.

(1)The Director of the Federal Register approved the incorporation by reference of Bombardier Alert Service Bulletin A84-26-06, Revision ‘A,’ dated June 6, 2005; and Bombardier Service Bulletin 84-26-07, Revision ‘B,’ dated November 1, 2006; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On July 5, 2005 (70 FR 35172, June 17, 2005), the Director of the Federal Register approved the incorporation by reference of Bombardier Alert Service Bulletin A84-26-06, dated May 12, 2005.

(3)Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on May 15, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10035 Filed 5-24-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24983; Directorate Identifier 2005-NM-196-AD; Amendment 39-15068; AD 2007-11-11] RIN 2120-AA64 Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to all Airbus Model A318, A319, A320, and A321 airplanes. That AD currently requires a one-time inspection to determine the serial number of both main landing gear

(MLG)sliding tubes, repetitive detailed inspections for cracking of the affected MLG sliding tubes, and corrective actions if necessary. This new AD retains these inspections and adds new repetitive inspections for cracking of the MLG sliding tubes. This AD also requires eventual replacement of both MLG shock absorbers. Doing this replacement terminates the repetitive inspection requirements of this AD. This AD results from a determination that additional inspections and mandatory replacement of the MLG shock absorbers are necessary. We are issuing this AD to detect and correct cracking in an MLG sliding tube, which could result in failure of the sliding tube, loss of one axle, and consequent reduced controllability of the airplane. DATES: This AD becomes effective June 29, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 29, 2007. On June 23, 2004, (69 FR 31867, June 8, 2004), the Director of the Federal Register approved the incorporation by reference of Airbus All Operators Telex A320-32A1273, Revision 01, dated May 6, 2004. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2141; fax

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

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

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2004-11-13, amendment 39-13659 (69 FR 31867, June 8, 2004). The existing AD applies to all Airbus Model A318, A319, A320, and A321 airplanes. That NPRM was published in the **Federal Register** on June 12, 2006 (71 FR 33658). That NPRM proposed to retain the inspections required by the existing AD and add new repetitive inspections for cracking of the MLG sliding tubes. That NPRM also proposed to require eventual replacement of both MLG shock absorbers, which would terminate the repetitive inspection requirements proposed by that NPRM. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. Support for the NPRM Airbus concurs with the contents of the NPRM. Request To Retain Inspection in Existing AD The Air Transport Association

(ATA)on behalf of its members United Airlines (UAL), Northwest Airlines (NWA), and U.S. Airways (USAir), requests that we retain the 10-day inspection required by AD 2004-11-13. The commenters state that they consider the current 10-day visual inspection to be the most effective and appropriate inspection method to check and recheck in-service parts for a crack, because that inspection emulates the process which identified the first and only crack found on the transition area of the main landing gear

(MLG)sliding tube after an overweight/heavy landing. We agree with the commenters that the visual inspection is currently the most effective method of detecting cracks in the high stress transition area. As the 10-day visual inspection required by AD 2004-11-13 is retained in this AD, it is not necessary to change the AD in this regard. Request To Change Magnetic Particle Inspection

(MPI)Interval The same commenters request that we change the interval for repeating the MPI from intervals not to exceed 1200 flight cycles to intervals not to exceed 2500 flight cycles or the gear overhaul cycle. NWA asserts that an MPI is most effective when applied in a shop environment, as the MPI could yield false readings that require removing the protective coating from the MLG sliding tube and re-inspecting to prove that no crack exists. NWA asserts that the effort to locally remove the protective coating could lead to damage of the MLG sliding tube and introduce a further unsafe condition. NWA recommends that the MPI remain at an overhaul interval schedule instead of the in situ interval proposed by the NPRM. UAL asks that we change the MPI repetitive interval to 2,500 flight cycles or a less intrusive interval that corresponds with a heavy maintenance check, and that we change the MPI inspection area to the high stress area. NWA notes that, according to Airbus, the 1,200 flight cycle MPI interval is based on the highest stress areas, which are specifically excluded from the MPI inspection areas and are subject only to the detailed visual inspection. NWA further notes that, according to Airbus, the remaining axle stresses are not significant enough for a crack to reach critical size within one overhaul interval of 10 years or 20,000 flight cycles, and that utilizing a safety factor of 3 yields the required interval of 6,666 flight cycles. We partially agree. We have determined that an MPI interval that corresponds with a gear overhaul interval of 10 years or 20,000 flight cycles would not provide an adequate level of safety. Further, the highest stress areas described by NWA have highly contoured geometries that cannot be reliably inspected with MPIs. However, we agree that the MPI and applicable corrective actions should be performed during scheduled heavy maintenance when these actions could be done properly. Therefore, we have revised the repetitive interval in paragraph

(h)of the AD to read “not to exceed 2,500 flight cycles or 21 months, whichever occurs earlier.” Request for Alternative Terminating Action The same commenters request that we consider other methods of terminating action. UAL asserts that the acoustic resonance inspection system

(ARIS)and phased array eddy current methods of non-destructive testing are able to detect subsurface flaws in complex geometries and, therefore, offer much more precise test results than the MPI. UAL states that the ARIS, which uses an electromagnetic acoustic transducer (EMAT), exploits the unique physical properties of ultrasonic resonance to produce constant sound waves of controllable depth and length that change only if an anomaly is scanned in the material under test. UAL also asserts that the phased array eddy current method, developed by Iowa State University with FAA funding, has proved effective in inspections for cracking of MLG cylinders required by AD 2005-19-08, amendment 39-14273, which is applicable to DC-9 series airplanes. We disagree. The commenters have not provided any data to demonstrate that these two methods will conclusively and positively identify subsurface flaws. Further, Airbus has investigated and determined that these two inspection methods would not reliably demonstrate the presence of any subsurface flaws. Therefore, we have not changed the AD in this regard. However, any operator may request an alternative method of compliance

(AMOC)in accordance with the procedures in paragraph

(m)of the AD, provided that sufficient data are submitted to substantiate that the proposed AMOC would provide an acceptable level of safety. Request To Withdraw MPI and Mandatory Shock Absorber Replacement The same commenters request that the mandatory terminating action be removed from the NPRM. UAL accepts the requirement for the initial and repetitive detailed inspections, but asserts that the risk of MLG failure is so small that the expense of the MPI inspection and the mandatory shock absorber replacement is not justified. The commenters note that, in 2003, Airbus determined that the frequency of occurrence of the subject failure was one event in 1.33 billion component hours; and that, since then, the fleet has continued to operate with no incidents of MLG failure. Further, UAL notes that the root cause of the event was determined to be a manufacturing process condition that could be random within the volume of the part and asserts, therefore, that volumetric analysis would be more appropriate. Finally, UAL notes that, although the MPI increases the chances of identifying the surface indication of a crack, the areas to be inspected are not in the transitional area of the MLG sliding tube where the initial crack occurred. NWA asserts that the MPI is unable to detect subsurface flaws or inspect complex geometrical contours and might not be able to detect the most critical flaws, which could give a false sense of security. The commenters request, therefore, that the requirements for the MPI and mandatory shock absorber replacement be removed. We do not agree. As the probability of manufacturing flaws can not be precisely determined and an MLG collapse at high speed could be catastrophic, the absence of a completely reliable method of finding subsurface flaws requires that we use the best methods currently available to detect surface cracks until the affected MLG shock absorbers are replaced. As such, the MPI provides additional capability to detect surface cracks and, therefore, supplements the detailed inspections. We have not changed the AD in this regard. Request To Make Terminating Action Optional The same commenters request that, if not removed, the terminating action be made optional. UAL asserts that operators should have the choice to continue repeating the required inspections indefinitely or to replace the affected MLG sliding tubes. UAL contends that Airbus and Messier-Dowty have not justified that sufficient need exists to require replacing the MLG sliding tubes by a certain date. We do not agree. According to FAA policy, design changes should be implemented to remove the source of a problem, rather than relying on inspections to ensure the problem does not occur, especially when the results could be catastrophic and the inspection is difficult, as in this case. We have not changed the AD in this regard. Clarification of AMM To prevent confusion, we have revised paragraph

(i)of the AD to clarify that the Airbus A318/A319/A320/A321 aircraft maintenance manual, chapter 32-11-13, page block 401, describes one approved method of removing and replacing the MLG shock absorbers. Conclusion We have carefully reviewed the available data, including the comments that have been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 720 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD at an estimated labor rate of $80 per work hour. Operators should note that, although all U.S.-registered airplanes are subject to the requirements of the existing AD, there are only 297 possible affected MLG sliding tubes in the worldwide fleet. We have no way of knowing how many affected MLG sliding tubes, if any, are installed in U.S.-registered airplanes. Therefore, the estimated costs to perform the new requirements of this AD apply only to individual sliding tubes; no fleet cost can be determined for these actions. Estimated Costs To Perform Requirements of Existing AD 2004-11-13 Action Work hours Parts Cost per airplane Fleet cost General visual inspection to determine serial number 1 None $80 $57,600 Estimated Costs to Perform New Requirements of This AD Action Work hours Parts Cost per sliding tube Detailed inspection 1 None $80, per inspection cycle. Detailed inspection and magnetic particle inspection 9 None $720, per inspection cycle. Replacement of sliding tube 8 $38,278 to $45,310 $39,918 to $45,950. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(FAA)amends § 39.13 by removing amendment 39-13659 (69 FR 31867, June 8, 2004) and adding the following new airworthiness directive (AD): **2007-11-11 Airbus:** Amendment 39-15068. Docket No. FAA-2006-24983; Directorate Identifier 2005-NM-196-AD. Effective Date

(a)This AD becomes effective June 29, 2007. Affected ADs

(b)This AD supersedes AD 2004-11-13. Applicability

(c)This AD applies to all Airbus Model A318, A319, A320, and A321 airplanes, certificated in any category. Unsafe Condition

(d)This AD results from a determination that additional inspections and mandatory replacement of the main landing gear

(MLG)shock absorbers are necessary. We are issuing this AD to detect and correct cracking in an MLG sliding tube, which could result in failure of the sliding tube, loss of one axle, and consequent reduced controllability of the airplane. Compliance

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

(f)The term “service information,” as used in this AD, means Airbus All Operators Telex

(AOT)A320-32A1273, Revision 01, dated May 6, 2004; or the Accomplishment Instructions of Airbus Service Bulletin A320-32A1273, Revision 02, including Appendix 01, dated May 26, 2005. After the effective date of this AD, only Airbus Service Bulletin A320-32A1273, Revision 02, may be used. Note 1: Airbus AOT A320-32A1273, Revision 01, and Airbus Service Bulletin A320-32A1273, Revision 02, refer to Messier-Dowty Service Bulletin 201-32-43, Revision 1, dated May 1, 2005; and Messier-Dowty Service Bulletin 200-32-286, Revision 1, dated March 1, 2005, as additional sources of service information for accomplishing the detailed inspections and magnetic particle inspections (MPI). Restatement of Certain Requirements of AD 2004-11-13 Serial Number (S/N) Identification

(g)For all airplanes: Within 30 days after June 23, 2004 (the effective date of AD 2004-11-13), do a one-time general visual inspection to determine the S/N of both MLG sliding tubes, in accordance with the service information. Instead of inspecting the MLG sliding tubes, reviewing the airplane maintenance records is acceptable if the S/N of the MLG sliding tubes can be positively determined from that review.

(1)If the S/N of the MLG sliding tube is not listed in the service information: No further action is required by this paragraph for that sliding tube.

(2)If the S/N of the MLG sliding tube is listed in the service information: Do the actions in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, as applicable.

(i)For any MLG not inspected before June 23, 2004: Before further flight, do a detailed inspection of the MLG for cracking in accordance with the service information.

(A)If no cracking is found in any MLG sliding tube: Repeat the detailed inspection thereafter at intervals not to exceed 10 days, until the MLG replacement specified by paragraph (g)(2)(i)(B), (h), or

(i)of this AD has been accomplished.

(B)If any cracking is found in any MLG sliding tube: Before further flight replace the part with a new or serviceable part in accordance with a method approved by either the FAA or the Direction Generale de l'Aviation Civile

(DGAC)(or its delegated agent). Chapter 32 of the Airbus A318/A319/A320/A321 Aircraft Maintenance Manual

(AMM)is one approved method. Installing an MLG sliding tube having an S/N that is not listed in the service information terminates the repetitive inspections required by paragraph

(h)of this AD for that MLG sliding tube only.

(ii)For any MLG that has been inspected before June 23, 2004: Within 10 days after that inspection, do the detailed inspection required by paragraph (g)(2)(i) of this AD. New Requirements of This AD Detailed Inspection and Magnetic Particle Inspection

(h)For any airplane equipped with any MLG having a sliding tube installed that is identified with a S/N listed in the service information: Within 500 flight cycles after the effective date of this AD, perform a detailed inspection and an MPI of the MLG sliding tube for cracking in accordance with the service information. Repeat these inspections thereafter at intervals not to exceed 2,500 flight cycles or 21 months, whichever occurs earlier, until paragraph

(i)of this AD has been accomplished. If any cracking is discovered during any inspection required by this paragraph, before further flight, replace the cracked sliding tube with a new or serviceable sliding tube in accordance with the service information. Replacing the MLG sliding tube with a sliding tube having a S/N not listed in the service information terminates the repetitive inspection requirements of this paragraph and paragraph (g)(2)(i)(A) of this AD for that sliding tube only. Terminating Action

(i)Within 41 months after the effective date of this AD, replace all MLG shock absorbers equipped with sliding tubes having S/Ns listed in the service information with new or serviceable MLG shock absorbers equipped with sliding tubes having S/Ns not listed in the service information, using a method approved by either the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the DGAC (or its delegated agent). Airbus A318/A319/A320/A321 AMM 32-11-13, page block 401, is one approved method. Replacing the MLG shock absorbers in accordance with this paragraph terminates all repetitive inspections required by this AD. Submission of Cracked Parts Not Required

(j)The service information has instructions to send any cracked part to Messier-Dowty. This AD does not include such a requirement. Reporting Requirement

(k)Prepare a report of any crack found during any inspection required by paragraph

(g)or

(h)of this AD. Submit the report to Airbus Customer Services, Engineering and Technical Support, Attention: M.Y. Quimiou, SEE33, fax +33+

(0)5.6193.32.73, at the applicable time specified in paragraph (k)(1) or (k)(2) of this AD. The report must include the MLG sliding tube P/N and S/N, date of inspection, a description of any cracking found, the airplane serial number, and the number of flight cycles on the MLG at the time of inspection. Under the provisions of the Paperwork Reduction Act of 1980 (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 June 23, 2004, but before the effective date of this AD: Within 30 days after the inspection or 30 days after the effective date of this AD, whichever comes first.

(2)For any inspection done after the effective date of this AD: Within 30 days after the inspection. Parts Installation

(l)As of the effective date of this AD, no person may install, on any airplane, any sliding tube, or MLG shock absorber having a sliding tube installed, if the sliding tube has a S/N identified in the service information, unless the sliding tube has been inspected, and any applicable corrective actions have been done, in accordance with paragraph (g)(2)(i), (h), or

(i)of this AD. Alternative Methods of Compliance (AMOCs) (m)(1) The Manager, International Branch, ANM-116, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(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

(n)French airworthiness directive F-2005-115, dated July 6, 2005, also addresses the subject of this AD. Material Incorporated by Reference

(o)You must use Airbus All Operators Telex A320-32A1273, Revision 01, dated May 6, 2004, and Airbus Service Bulletin A320-32A1273, Revision 02, including Appendix 01, dated May 26, 2005; as applicable; to perform the actions that are required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A320-32A1273, Revision 02, including Appendix 01, dated May 26, 2005, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On June 23, 2004 (69 FR 31867, June 8, 2004), the Director of the Federal Register approved the incorporation by reference of Airbus All Operators Telex A320-32A1273, Revision 01, dated May 6, 2004.

(3)Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the 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 15, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10025 Filed 5-24-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27509; Directorate Identifier 2006-NM-201-AD; Amendment 39-15067; AD 2007-11-10] RIN 2120-AA64 Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all Fokker Model F.28 Mark 0070 and 0100 airplanes. This AD requires a detailed inspection for wear of the attachment holes of the control levers of the braking system and applicable corrective actions. This AD results from a report that, after landing, the flightcrew of a Model F.28 Mark 0100 airplane noted that an extreme difference in pedal angle was required to achieve equal braking action. We are issuing this AD to prevent failure of one or more brake control levers, which could result in uncommanded braking and loss of control of the airplane during takeoff, landing, or taxiing. DATES: This AD becomes effective June 29, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 29, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1137; fax

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

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

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Fokker Model F.28 Mark 0070 and 0100 airplanes. That NPRM was published in the **Federal Register** on March 12, 2007 (72 FR 10951). That NPRM proposed to require a detailed inspection for wear of the attachment holes of the control levers of the braking system and applicable corrective actions. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Clarification of 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. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 9 airplanes of U.S. registry. The required inspection takes about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of this AD for U.S. operators is $720, or $80 per airplane, per inspection cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-11-10 Fokker Services B.V.:** Amendment 39-15067. Docket No. FAA-2007-27509; Directorate Identifier 2006-NM-201-AD. Effective Date

(a)This AD becomes effective June 29, 2007. Affected ADs

(b)None. Applicability

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

(d)This AD results from a report that, after landing, the flightcrew of a Model F.28 Mark 0100 airplane noted that an extreme difference in pedal angle was required to achieve equal braking action. We are issuing this AD to prevent failure of one or more brake control levers, which could result in uncommanded braking and loss of control of the airplane during takeoff, landing, or taxiing. Compliance

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

(f)Within 1,500 flight cycles or 12 months after the effective date of this AD, whichever occurs first: Perform a detailed inspection for excessive wear of the brake control levers and do the applicable corrective actions in accordance with and at the times specified in Section 3, “Accomplishment Instructions,” of Fokker Service Bulletin SBF100-32-142, dated August 12, 2005. Repeat the requirements of this paragraph thereafter for any replacement control lever at intervals not to exceed 12,000 flight hours after the installation of such a control lever. Operators should note that, where the service bulletin specifies immediate replacement of the control lever if the applicable remaining material (dimension X2) of the attachment hole is less than 2.0 millimeters (0.08 inch), this AD requires replacing the control lever if dimension X2 is less than or equal to 2.0 millimeters. 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.” Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, International Branch, ANM-116, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information

(h)Dutch airworthiness directive NL-2005-011, dated August 31, 2005, also addresses the subject of this AD. Material Incorporated by Reference

(i)You must use Fokker Service Bulletin SBF100-32-142, dated August 12, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on May 15, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10023 Filed 5-24-07; 8:45 am] BILLING CODE 4910-13-P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 2 RIN 3038-AC42 Rules Relating to Permissible Uses of Official Seal AGENCY: Commodity Futures Trading Commission. ACTION: Final rule. SUMMARY: The Commodity Futures Trading Commission (“Commission” or “CFTC”) hereby revises 17 CFR part 2, by adding a new section, 17 CFR 2.4, to allow its employee recreation association, the Commodity Futures Trading Commission Employee Recreation Association (“Association”) to use the Commission seal for permissible, “non-official purposes,” e.g., fundraising, social, sports, and similar activities such as selling sports apparel and novelty items imprinted with the Commission's seal. The Commission finds that since the amendment to part 2 has no impact upon a member of the public, this amendment will become effective immediately upon publication in the **Federal Register** . In addition, the Commission has determined that this amendment to part 2 relates solely to the Association's objectives which promote the welfare of Commission employees and does not in any way impinge on the Commission's core mission. Therefore, the provisions of the Administrative Procedure Act, *5 U.S.C. 553* , which generally require notice of proposed rule making and provide other opportunities for public participation, are inapplicable. Similarly, the provisions of the Regulatory Flexibility Act, Public Law 96-354, 94 Stat. 1164, do not apply. See *5 U.S.C. 601(2).* In addition, the amendment to 17 CFR part 2 does not impose a burden within the meaning and intent of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501, *et seq.* Provisions related to cost-benefit analysis, in section 15(a) of the Commodity Exchange Act, 7 U.S.C. 19, are also inapplicable. EFFECTIVE DATE: May 25, 2007. FOR FURTHER INFORMATION CONTACT: Thuy Dinh, Office of the General Counsel, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581. *Telephone:*

(202)418-5120. SUPPLEMENTARY INFORMATION: Currently, Commission regulations in 17 CFR part 2 preclude the use of the seal except for official purposes such as affixing the seal to official documents. The seal also may be used in agency-sponsored programs paid for with appropriated funds. For example, novelty items bearing the Commission seal may be distributed in employee incentive programs, award programs, and similar activities. The current rules, however, prohibit and preclude the use of the seal for non-official purposes. The proposed rule will allow the Commission seal to be used for legitimate, non-official purposes, i.e., on T-shirts and other sport apparels (i.e., hats, sweatshirts and pants, running shorts, wristbands, among others) and sport equipments (tennis rackets, golf clubs, etc.); and novelty items (bags, pens, pencils, lanyards, badge holders, mugs, cup holders, etc.) that can be sold by the Commission's employee recreation association to meet its fundraising goals, or distributed in conjunction with its sport and/or social events such as a golf tournament and/or other seasonal sport events. List of Subjects in 17 CFR Part 2 Official Seal; Permissible Uses of Official Seal by CFTC Employee Recreation Association. In consideration of the following, and pursuant to the authority contained in the Commodity Exchange Act, and in particular, section 2(a)(11) of the Commodity Exchange act, 7 U.S.C. 2a(11), the Commission hereby amends Chapter I of title 17 of the Code of Federal Regulations a follows: PART 2—OFFICIAL SEAL 1. The authority citation for part 2 is revised to read as follows: Authority: 7 U.S.C. 2a(11). 2. Part 2 is amended by adding a new section 2.4 to read as follows: § 2.4 Employee Recreation Association's Use of Commission Seal

(a)As a specific exception to the provisions of 17 CFR 2.2 and 2.3, the Commodity Futures Trading Commission Employee Recreation Association (“Association”) is hereby authorized to use the Commission seal as an imprint upon sport apparel (e.g., hats, clothing, accessories, etc.) and novelty items (e.g., office mugs, lanyards, badge holders, stationary items, among other);

(b)The Association may sell or distribute above said items imprinted with the Commission seal to members of the Association or others to meet its fundraising goals and/or in conjunction with its sports, social or similar events. Issued in Washington, DC, on the 22nd of May 2007, by the Commission. Eileen A. Donovan, Acting Secretary of the Commission. [FR Doc. 07-2605 Filed 5-24-07; 8:45 am]

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