Rules and Regulations. Final rule

36,987 words·~168 min read·/register/2007/09/21/07-4667

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BILLING CODE 3410-10-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27712; Directorate Identifier 2006-NM-233-AD; Amendment 39-15207; AD 2007-19-16] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747 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 Boeing Model 747 series airplanes.

That AD requires a one-time inspection for discrepancies of the potable water and drain lines in the cargo compartments, and corrective action if necessary. This new AD requires that the inspection be repetitively performed using new service information, until terminating action is done. This AD also removes certain airplanes from the applicability. This AD results from a report of a fire in the aft cargo compartment started by a potable water line heater tape. We are issuing this AD to prevent overheating of the heater tape on potable water fill and drain lines, which could ignite accumulated debris or contaminants on or near the potable water fill and drain lines, resulting in a fire in the airplane.

DATES: This AD becomes effective October 26, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of October 26, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. Contact Boeing Commercial Airplanes, P.O.

Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Don Eiford, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6465; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone

(800)647-5527) is located on the ground floor of the West Building at the DOT 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 2004-09-10, amendment 39-13599 (69 FR 23647, April 30, 2004). The existing AD applies to certain Boeing Model 747 series airplanes. That NPRM was published in the **Federal Register** on March 29, 2007 (72 FR 14719). That NPRM proposed to require repetitive inspections of the potable water and drain lines in the cargo compartments for indications of overheating of the heater tape, exposed foam insulation, missing or damaged protective tape, or debris around the potable water fill and drain lines; corrective action, if necessary; and eventual installation of new ribbon heaters, which would terminate the repetitive inspections. That NPRM also proposed to remove certain airplanes from the applicability. Relevant Service Information The NPRM cited Boeing Alert Service Bulletin 747-30A2080, Revision 2, dated September 14, 2006, as the appropriate source of service information for the proposed actions. Boeing has since revised the service bulletin. We have reviewed Boeing Service Bulletin 747-30A2080, Revision 3, dated June 14, 2007. Revision 3 removes certain airplanes from the effectivity, revises certain references, and updates certain other information, but otherwise does not substantially change any of the actions. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comment that has been received on the NPRM. Request To Remove Airplanes From the Proposed Applicability Boeing requests that we revise the applicability of the NPRM to remove Model 747-400 passenger airplanes that have been converted to the 747-400 BCF configuration, except for the first such configured airplane (variable number RT456). Boeing reports that as part of the conversion, heater tapes are replaced with new heater ribbons that satisfy the requirements for the terminating action specified in the NPRM and eliminates the unsafe condition associated with the installation of heater tapes addressed by superseded AD 2004-09-10. We agree with Boeing's rationale. Accordingly, we have revised Note 1 and paragraphs (c), (f), and

(g)in this final rule to refer to Revision 3 of the service bulletin. We have also revised paragraph

(h)in this final rule to provide credit for actions already accomplished as specified in Revision 2 of the service bulletin. Conclusion We have carefully reviewed the available data, including the comment that has been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 1,114 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD, at an average labor rate of $80 per hour. The cost of parts is minimal. Estimated Costs Action Group Work hours Cost per airplane No. of U.S.-registered airplanes Fleet cost by group Inspection (cost per inspection cycle) 1 2 (Config. 1) 2 (Config. 2) 3 2 2 $240 160 160 113 18 17 $27,120 2,880 2,720 3 3 240 2 480 4 3 240 0 0 5 2 160 0 0 Modification 1 48 3,840 113 433,920 2 (Config. 1) 7 560 18 10,080 2 (Config. 2) 15 1,200 17 20,400 2 (Config. 3) 8 640 17 10,880 3 60 4,800 2 9,600 4 61 4,880 0 0 5 27 2,160 0 0 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 39-13599 (69 FR 23647, April 30, 2004) and by adding the following new airworthiness directive (AD): **2007-19-16 Boeing:** Amendment 39-15207. Docket No. FAA-2007-27712; Directorate Identifier 2006-NM-233-AD. Effective Date

(a)This AD becomes effective October 26, 2007. Affected ADs

(b)This AD supersedes AD 2004-09-10. Applicability

(c)This AD applies to Boeing Model 747 airplanes, certificated in any category, as identified in Boeing Service Bulletin 747-30A2080, Revision 3, dated June 14, 2007. Note 1: For the purposes of this AD, a cargo area that is not fully enclosed or not enclosed, as identified in Boeing Service Bulletin 747-30A2080, Revision 3, dated June 14, 2007, is a floor without panels installed between all roller trays in the cargo compartment. Unsafe Condition

(d)This AD results from a report of a fire in the aft cargo compartment started by a potable water line heater tape. We are issuing this AD to prevent overheating of the heater tape on potable water fill and drain lines, which could ignite accumulated debris or contaminants on or near the potable water fill and drain lines, resulting in a fire in 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. Inspections

(f)At the later of the times specified in paragraphs (f)(1) and (f)(2) of this AD: Do the initial inspections specified in Table 1 of this AD in accordance with the Accomplishment Instructions of Boeing Service Bulletin 747-30A2080, Revision 3, dated June 14, 2007. Correct any discrepancy before further flight in accordance with the service bulletin. Repeat the inspections at the applicable time specified in Table 1 of this AD.

(1)Within 18 calendar months since the date of issuance of the original standard airworthiness certificate or within 18 calendar months since the date of issuance of the original export certificate of airworthiness.

(2)Within 90 calendar days after the effective date of this AD. Table 1.—Inspections Do a general visual inspection of the forward and aft cargo compartments, as applicable, for— And repeat the inspection at intervals not to exceed— Until— Foreign object debris

(FOD)or contamination on, near, or around the potable water supply and gray water drain lines 600 flight hours The heater tape replacement required by paragraph

(g)of this AD is done. Indications of heat damage, exposed foam insulation, or missing or damaged protective tape of all heater tape on the potable water supply and gray water drain lines 1,800 flight hours The heater tape replacement required by paragraph

(g)of this AD is done. Terminating Action

(g)At the applicable time specified in Table 2 of this AD: Replace the heater tape on the potable water supply and gray water drain lines of the forward and aft cargo compartments, as applicable, with Adel Wiggins ribbon heaters. Do the actions in accordance with the Accomplishment Instructions of Boeing Service Bulletin 747-30A2080, Revision 3, dated June 14, 2007. This replacement terminates the requirements of paragraph

(f)of this AD. Table 2.—Compliance Time for Terminating Action For airplanes on which the heater tape has—

(1)Replace the heater tape at the later of—

(1)Not been replaced before the effective date of this AD in accordance with Boeing Alert Service Bulletin 747-30A2079, dated December 12, 2002; Revision 1, dated October 16, 2003; or Revision 2, dated December 16, 2004 Within 42 months since the date of issuance of the original standard airworthiness certificate or the date of issuance of the original export certificate of airworthiness, whichever occurs first 24 months after the effective date of this AD.

(2)Been replaced before the effective date of this AD in accordance with Boeing Alert Service Bulletin 747-30A2079, dated December 12, 2002; Revision 1, dated October 16, 2003; or Revision 2, dated December 16, 2004 Within 42 months after the heater tape was replaced 24 months after the effective date of this AD. Provisions for Previously Accomplished Work

(h)Actions done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 747-30A2080—either the original version dated December 16, 2004, or Revision 1, dated August 18, 2005—are acceptable for compliance with the corresponding requirements of this AD; except, for Group 2, Configuration 2 and Configuration 3 airplanes, as defined in Revision 2 of the service bulletin, additional work is required in the forward cargo compartment, as specified in Parts 1, 2, and 3 of the service bulletin and required by this AD. Actions done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 747-30A2080, Revision 2, dated September 14, 2006, are acceptable for compliance with the corresponding requirements of this AD. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, Seattle Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(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. Material Incorporated by Reference

(j)You must use Boeing Service Bulletin 747-30A2080, Revision 3, dated June 14, 2007, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 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 September 10, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18473 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27151; Directorate Identifier 2006—NM-156—AD; Amendment 39-15206; AD 2007-19-15] RIN 2120—AA64 Airworthiness Directives; McDonnell Douglas Model MD-10-10F and MD-10-30F Airplanes, Model MD-11 and MD-11F Airplanes, and 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 MD-10-10F and MD-10-30F airplanes, Model MD-11 and MD-11F airplanes, and Model 717-200 airplanes. That AD currently requires a revision to the Limitations section of the airplane flight manual

(AFM)to prohibit use of the flight management system

(FMS)profile

(PROF)mode for descent and/or approach operations unless certain conditions are met. This new AD requires, for certain Model 717-200 airplanes, upgrading the versatile integrated avionics

(VIA)digital computer with new system software, which would end the need for the AFM revision. This AD results from a report of two violations of the selected flight control panel

(FCP)altitude during FMS PROF descents. We are issuing this AD to prevent, under certain conditions during the FMS PROF descent, the uncommanded descent of an airplane below the selected level-off altitude, which could result in an unacceptable reduction in the separation between the airplane and nearby air traffic or terrain. DATES: This AD becomes effective October 26, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of October 26, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 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: Thomas Phan, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5342; 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 Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone

(800)647-5527) is located on the ground floor of the West Building at the DOT 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 2004-18-04, amendment 39-13782 (69 FR 53794, September 3, 2004). [A correction of that AD was published in the **Federal Register** on September 21, 2004 (69 FR 56480).] The existing AD applies to all McDonnell Douglas Model MD-10-10F and MD-10-30F airplanes, Model MD-11 and MD-11F airplanes, and Model 717-200 airplanes. That NPRM was published in the **Federal Register** on February 14, 2007 (72 FR 6975). That NPRM proposed to continue to require a revision to the Limitations section of the airplane flight manual (AFM), and proposed, for Model 717-200 airplanes, upgrading the versatile integrated avionics

(VIA)digital computer with new system software, which would end the need for the AFM revision. 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 AirTran Airways states that it supports the proposed actions described in the NPRM. Request To Revise Applicability Midwest Airlines requests that we revise the applicability of the NPRM. Midwest suggests that for Model 717-200, paragraph

(c)of the NPRM include only those airplanes that are listed in Boeing Service Bulletin 717-31-0013, dated March 25, 2005 (which is referred to as the appropriate source of service information for doing the software upgrade specified in the NPRM). Midwest believes that this is an appropriate limiting of applicability for that model because fuselage numbers 5141 and subsequent were delivered from Boeing with the upgraded VIA part number 4081570-909 installed. Midwest concludes that since these airplanes were delivered with the improved VIA installed, these aircraft do not have the unsafe condition that was present with airplanes that were delivered with the affected VIAs. We agree with the commenter for the reasons stated. We have revised paragraph

(c)of this AD accordingly. Request To Revise Paragraph

(g)of the NPRM AirTran Airways requests that we revise paragraph

(g)of the NPRM to coincide with the actions specified in Boeing Service Bulletin 717-31-0013, dated March 25, 2005. AirTran requests that the sentence “Doing this upgrade terminates the requirements of paragraph

(f)of this AD for that airplane only” to state “Accomplishing this upgrade or the installation of VIA P/N 4081570-909 or subsequent terminates the requirements of paragraph

(f)of this AD for that airplane only.” We agree with the commenter. Doing the upgrade converts VIAs having P/Ns prior to 4081570-909 to VIAs having P/N 4081570-909. We have revised paragraph

(g)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, 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 these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 369 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. The parts manufacturer states that it will supply required parts to the operators at no cost. Estimated Costs Action Work hours Average labor rate per hour Cost per airplane Number of U.S.-registered airplanes Fleet cost AFM Revision (required by AD 2004-18-04) 1 $80 $80 226 $18,080 Software upgrade for Model 717-200 airplanes (new action) 1 80 80 109 8,720 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(FAA)amends § 39.13 by removing amendment 39-13782 (69 FR 53794, September 3, 2004), corrected at 69 FR 56480, September 21, 2004, and by adding the following new airworthiness directive (AD): **2007-19-15 McDonnell Douglas:** Amendment 39-15206. Docket No. FAA-2007-27151; Directorate Identifier 2006-NM-156-AD. Effective Date

(a)This AD becomes effective October 26, 2007. Affected ADs

(b)This AD supersedes AD 2004-18-04. Applicability

(c)This AD applies to the airplanes listed in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.

(1)All McDonnell Douglas Model MD-10-10F and MD-10-30F airplanes, and Model MD-11 and MD-11F airplanes.

(2)Model 717-200 airplanes, as identified in Boeing Service Bulletin 717-31-0013, dated March 25, 2005. Unsafe Condition

(d)This AD results from a report of two violations of the selected flight control panel

(FCP)altitude during flight management system

(FMS)profile

(PROF)descents. We are issuing this AD to prevent, under certain conditions during the FMS PROF descent, the uncommanded descent of an airplane below the selected level-off altitude, which could result in an unacceptable reduction in the separation between the airplane and nearby air traffic or terrain. 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 2004-18-04 Airplane Flight Manual

(AFM)Revision

(f)Within 90 days after September 20, 2004 (the effective date of AD 2004-18-04), revise the Limitations section of the AFM to include the following statement. This may be done by inserting a copy of this AD in the AFM. Doing the applicable software upgrade specified in paragraph

(g)of this AD (for Model 717-200 airplanes), paragraph

(j)of AD 2006-16-15, amendment 39-14715 (for Model MD-11 and MD-11F airplanes), or paragraph

(k)of AD 2006-16-15 (for Model MD-10-10F and MD-10-30F airplanes), terminates the requirements of this paragraph for that airplane. For airplanes on which the applicable software upgrade has been done, the AFM revision may be removed. “Use of PROF mode for descent and/or approach operations is prohibited unless 1. The airplane is on path and the FMA indicates THRUST xxx PROF, or 2. The indicated airspeed is below Vmax for the airplane configuration by at least: a. 10 knots at indicated altitudes below 10,000 feet, or b. 15 knots at indicated altitudes of 10,000 feet or above, or 3. Basic autoflight modes (e.g., LVL CHG, V/S, or FPA) are used to recapture the path when the PROF mode is engaged and the airplane is: a. Above or below the path and the FMA indicates PITCH xxx IDLE, or b. Below the path and the FMA indicates THRUST xxx V/S.” Note 1: When a statement identical to that in paragraph

(f)of this AD has been included in the general revisions of the AFM, the general revisions may be inserted into the AFM, and the copy of this AD may be removed from the AFM. New Requirements of This AD Upgrade Software—Model 717-200 Airplanes

(g)For Model 717-200 airplanes: Within 18 months after the effective date of this AD, upgrade the versatile integrated avionics

(VIA)digital computer with new system software (part number (P/N) PS4081970-909) and in-service data acquisition system (ISDAS) database

(DB)software (P/N PS4081642-909), in accordance with the Accomplishment Instructions of Boeing Service Bulletin 717-31-0013, dated March 25, 2005. Accomplishing this upgrade or the installation of VIA P/N 4081570-909 or subsequent terminates the requirements of paragraph

(f)of this AD for that airplane only. Note 2: Boeing Service Bulletin 717-31-0013, dated March 25, 2005, refers to Honeywell Alert Service Bulletin 4081570-31-A6007, dated March 9, 2005, as an additional source of service information for doing the actions specified in paragraph

(g)of this AD. Parts Installation

(h)For Model 717-200 airplanes: As of the effective date of this AD, no person may install a VIA digital computer, P/N 4081570-904, -905, -906, or -907, on any airplane, except as required by the actions specified in paragraph

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

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference

(j)You must use Boeing Service Bulletin 717-31-0013, dated March 25, 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 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 September 10, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18475 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29178; Directorate Identifier 2007-CE-074-AD; Amendment 39-15205; AD 2007-19-14] RIN 2120-AA64 Airworthiness Directives; Pilatus Aircraft Limited Model PC-6 Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above that would supersede existing ADs. This AD results from mandatory continuing airworthiness information

(MCAI)issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Findings of corrosion, wear and cracks in the upper wing strut fittings on some PC-6 aircraft have been reported in the past. It is possible that the spherical bearing of the wing strut fittings installed in the underwing can be loose in the fitting or cannot rotate because of corrosion. In this condition, the joint cannot function as designed and fatigue cracks may then develop. Undetected cracks, wear and/or corrosion in this area could lead to failure on the upper attachment fitting. This could result in the failure of the wing structure with subsequent loss of control of the aircraft. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective September 26, 2007. On September 26, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive comments on this AD by October 22, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Fax:*

(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4059; fax:

(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion On January 24, 2007, we issued AD 2007-03-08, Amendment 39-14919 (72 FR 4635; February 1, 2007), and on July 19, 2007, we issued AD 2007-15-09, Amendment 39-15138 (72 FR 41436; July 30, 2007). Those ADs required actions intended to address an unsafe condition on the products listed above. Since we issued AD 2007-03-08 and AD 2007-15-09, Pilatus reported that the right hand

(RH)wing strut fitting of aircraft serial number 903 was found with one lug shoulder completely broken. The aircraft had accumulated 297 hours time-in-service since the RH wing strut fitting had been replaced in May of 2007. Based on this report, the foreign airworthiness authority has issued a new MCAI. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No. 2007-0241-E, dated September 5, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Findings of corrosion, wear and cracks in the upper wing strut fittings on some PC-6 aircraft have been reported in the past. It is possible that the spherical bearing of the wing strut fittings installed in the underwing can be loose in the fitting or cannot rotate because of corrosion. In this condition, the joint cannot function as designed and fatigue cracks may then develop. Undetected cracks, wear and/or corrosion in this area could lead to failure on the upper attachment fitting. This could result in the failure of the wing structure with subsequent loss of control of the aircraft. To address this problem the superseded FOCA Airworthiness Directives

(AD)TM-L Nr. 80.627-6, HB-2006-400 and EASA AD 2007-0114 were issued to mandate specific inspections and to obtain a fleet status. Since the issuance of AD 2007-0114, the data reporting proved that it was necessary to establish repetitive inspections. Thus, in addition to an extended applicability, the present AD mandates repetitive inspections of the upper wing strut fitting for cracks, wear and/or corrosion and examination of the spherical bearing and replacement of cracked fittings. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Pilatus Aircraft Ltd. has issued Service Bulletin No. 57-005, dated August 30, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. 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 have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over those copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because it is possible that fatigue cracks exist on the wing strut fittings installed on the wing that are not detected during the inspections published in the aircraft maintenance manual or required by any previous service bulletin. Undetected cracks in this area could lead to failure of the fitting and consequent loss of control. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-29178; Directorate Identifier 2007-CE-074-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify 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. 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 removing Amendment 39-14919 (72 FR 4635; February 1, 2007) and Amendment 39-15138 (72 FR 41436; July 30, 2007); and adding the following new AD: **2007-19-14 Pilatus Aircraft Limited:** Amendment 39-15205; Docket No. FAA-2007-29178; Directorate Identifier 2007-CE-074-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective September 26, 2007. Affected ADs

(b)This AD supersedes the following ADs:

(1)AD 2007-03-08; Amendment 39-14919; and

(2)AD 2007-15-09; Amendment 39-15138. Applicability

(c)This AD applies to:

(1)Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes (these airplanes are also identified as Fairchild Republic Company PC-6 airplanes, Fairchild Industries PC-6 airplanes, Fairchild Heli Porter PC-6 airplanes, or Fairchild-Hiller Corporation PC-6 airplanes);

(2)Manufacturer serial numbers

(MSN)101 through 999 and MSN 2001 through 2092;

(3)Airplanes that are equipped with left wing strut fitting part number (P/N) 6102.0041.00, P/N 111.35.06.055, P/N 111.35.06.184, or P/N 111.35.06.185; or equipped with right wing strut fitting P/N 6102.0041.00, P/N 111.35.06.056, P/N 111.35.06.184, or P/N 111.35.06.186, or FAA-approved equivalent part numbers; and

(4)Airplanes that are certificated in any category. Subject

(d)Air Transport Association of America

(ATA)Code 57: Wings. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: Findings of corrosion, wear and cracks in the upper wing strut fittings on some PC-6 aircraft have been reported in the past. It is possible that the spherical bearing of the wing strut fittings installed in the underwing can be loose in the fitting or cannot rotate because of corrosion. In this condition, the joint cannot function as designed and fatigue cracks may then develop. Undetected cracks, wear and/or corrosion in this area could lead to failure on the upper attachment fitting. This could result in the failure of the wing structure with subsequent loss of control of the aircraft. To address this problem the superseded FOCA Airworthiness Directives

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

(1)*For airplanes that have not had both wing strut fittings replaced within the last 100 hours time-in-service

(TIS)since September 26, 2007 (the effective date of this AD) or inspected using an eddy current inspection method following Pilatus Aircraft Ltd. Service Bulletin No. 57-004, dated April 16, 2007, within the last 100 hours TIS since September 26, 2007 (the effective date of this AD):* Before further flight after September 26, 2007 (the effective date of this AD), visually inspect the upper wing strut fittings and examine the spherical bearings following Pilatus Aircraft Ltd. Service Bulletin No. 57-005, dated August 30, 2007.

(2)*For all airplanes:* Within 25 hours TIS after September 26, 2007 (the effective date of this AD) or within 30 days after September 26, 2007 (the effective date of this AD), whichever occurs first, visually and using eddy current methods, inspect the upper wing strut fittings and examine the spherical bearings following Pilatus Aircraft Ltd. Service Bulletin No. 57-005, dated August 30, 2007.

(3)*For all airplanes:* After doing the inspection specified in paragraph (f)(2) of this AD, repetitively at intervals not to exceed 100 hours TIS or 3 months, whichever occurs first, visually and using eddy current methods, inspect the upper wing strut fittings and examine the spherical bearings following Pilatus Aircraft Ltd. Service Bulletin No. 57-005, dated August 30, 2007.

(4)*For all airplanes:* If during any inspection required by paragraph (f)(1), (f)(2), or (f)(3) of this AD cracks are found in the upper wing strut fitting, before further flight, replace the wing strut fitting following the Accomplishment Instructions in Pilatus Aircraft Ltd. Service Bulletin No. 57-005, dated August 30, 2007. Replacement of one or both upper wing strut fitting(s) does not terminate the repetitive inspection specified in paragraph (f)(3) of this AD.

(5)*For all airplanes:* If during any inspection required by paragraph (f)(1), (f)(2), or (f)(3) of this AD the spherical bearing is found not in conformity, before further flight, replace the bearing following the Accomplishment Instructions in Pilatus Aircraft Ltd. Service Bulletin No. 57-005, dated August 30, 2007. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

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

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

(816)329-4059; fax:

(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector

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

(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

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

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

(h)Refer to MCAI European Aviation Safety Agency

(EASA)AD No: 2007-0241-E, dated September 05, 2007; Pilatus Aircraft Ltd. Service Bulletin No. 57-005, dated August 30, 2007; and Pilatus Aircraft Ltd. Service Bulletin No. 57-004, dated April 16, 2007, for related information. Material Incorporated by Reference

(i)You must use Pilatus Aircraft Ltd. Service Bulletin No. 57-005, dated August 30, 2007, 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 Pilatus Aircraft Ltd., Customer Liaison Manager, CH 6371 STANS, Switzerland; telephone: + 41 (0)41 619 6580; fax: + 41 (0)41 619 6576; e-mail: *fodermatt@pilatus aircaft.com.*

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri on September 13, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18476 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26441; Directorate Identifier 2006-NM-204-AD; Amendment 39-15139; AD 2007-15-10] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; correction. SUMMARY: The FAA is correcting a typographical error in an existing airworthiness directive

(AD)that was published in the **Federal Register** on July 30, 2007 (72 FR 41438). The error resulted in certain compliance times being mislabeled as units of flight cycles instead of flight hours. This AD applies to all Boeing Model 747 airplanes. This AD requires an inspection of the No. 2 and No. 3 windows on the left and right sides of the airplane to determine their part numbers, and related investigative and corrective actions if necessary. DATES: Effective September 21, 2007. ADDRESSES: The AD docket contains the proposed AD, comments, and any final disposition. You may examine the AD docket on the Internet at *http://dms.dot.gov,* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone

(800)647-5527) is located on the ground level of the West Building at the DOT street address stated in the ADDRESSES section. This docket number is FAA-2006-26441; the directorate identifier for this docket is 2006-NM-204-AD. FOR FURTHER INFORMATION CONTACT: Steve Fox, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6425; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: On July 18, 2007, the FAA issued AD 2007-15-10, amendment 39-15139 (72 FR 41438, July 30, 2007), for all Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes. The AD requires an inspection of the No. 2 and No. 3 windows on the left and right sides of the airplane to determine their part numbers, and related investigative and corrective actions if necessary. As published, the compliance times in paragraph

(g)of AD 2007-15-10 were mislabeled as units of flight cycles instead of flight hours. No other part of the regulatory information has been changed; therefore, the final rule is not republished in the **Federal Register.** The effective date of this AD remains September 4, 2007. § 39.13 [Corrected] In the **Federal Register** of July 30, 2007, on page 41441, in the 2nd column, paragraph

(g)of AD 2007-15-10 is corrected to read as follows:

(g)Where Tables 1, 2, and 3 of paragraph 1.E. of Boeing Alert Service Bulletin 747-56A2012, dated August 24, 2006, specify counting the compliance time from “* * * after the date on this service bulletin,” this AD requires counting the compliance time from the effective date of this AD. After replacing a discrepant window with a new window, do the initial detailed inspection of the new window at the applicable compliance time:

(1)within 5,500 flight hours after installing part number (P/N) 65B27042-( ) or 65B27043-( ), or

(2)within 22,000 flight hours after installing P/N 65B27046-( ) or 65B27047-( ). Issued in Renton, Washington, on September 10, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18472 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27787 Directorate Identifier 2007-CE-032-AD; Amendment 39-15209; AD 2007-19-18] RIN 2120-AA64 Airworthiness Directives; DG Flugzeugbau GmbH Model DG-1000T Gliders AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

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

(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: The digital engine indicating system (DEI-NT) and associated control unit must get their latest software update. It has been found out in operation, that some combinations of system states while pressing switches can cause electrical damages to the system. A new software update is mandated to correct this deficiency and to incorporate additional safety functions to the system. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective October 26, 2007. On October 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 Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Greg Davison, Glider Program Manager, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; fax:

(816)329-4090. SUPPLEMENTARY INFORMATION: 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 June 28, 2007 (72 FR 35371). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: The digital engine ind icating system (DEI-NT) and associated control unit must get their latest software update. It has been found out in operation, that some combinations of system states while pressing switches can cause electrical damages to the system. A new software update is mandated to correct this deficiency and to incorporate additional safety functions to the system. As a result, the Flight and Maintenance Manuals need to be revised, specifically regarding the stall warning. You may obtain further information by examining the MCAI in the AD docket. 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 1 product of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $80 or $80 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:

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

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

(800)647-5527) 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: **2007-19-18 DG Flugzeugbau GmbH:** Amendment 39-15209; Docket No. FAA-2007-27787; Directorate Identifier 2007-CE-032-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective October 26, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to DG-1000T gliders, all serial numbers, certificated in any category. Subject

(d)Air Transport Association of America

(ATA)Code 77: Engine Indicating. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: The digital engine indicating system (DEI-NT) and associated control unit must get their latest software update. It has been found out in operation, that some combinations of system states while pressing switches can cause electrical damages to the system. A new software update is mandated to correct this deficiency and to incorporate additional safety functions to the system. As a result, the Flight and Maintenance Manuals need to be revised, specifically regarding the stall warning. Actions and Compliance

(f)Within the next 60 days after October 26, 2007 (the effective day of this AD), unless already done, do the following actions:

(1)Replace the Digital Indicating System (DEI-NT) unit with an updated unit that incorporates software version V1.5, and replace the control unit with an updated unit that incorporates software version V1.9 following DG-Flugzeugbau GmbH Technical Note No. 1000/09, EASA approved December 12, 2006.

(2)Insert the new Flight Manual pages 0.1, 0.5, 7.14, and 7.15 and the new Maintenance Manual pages 0.1, 0.3, 0.6, 0.10, 1.22, and 1.23, issued October 2006 marked with TN1000/09, and add Diagram 15a into your maintenance program (maintenance manual) following DG-Flugzeugbau GmbH Technical Note No. 1000/09, EASA approved December 12, 2006.

(3)Prior to further flight after the action required by paragraph (f)(1) of this AD, do not install a DEI-NT or control unit in any DG-1000T airplane, unless it incorporates the software versions required in this AD. Note 1: The referenced DG-Flugzeugbau GmbH Technical Note No. 1000/09, EASA approved December 12, 2006, also includes instructions for replacement of the fuel cock, which is not required by this AD. Note 2: As specified in the flight manual, the glider can only be operated in the non-powered configuration without the DEI-NT installed. Engine operation is not possible. FAA AD Differences Note 3: This AD differs from the MCAI as follows: No differences. 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: Greg Davison, Glider Program Manager, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; 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.

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

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

(h)Refer to MCAI European Aviation Safety Agency

(EASA)AD No. 2007-0040, dated February 23, 2007; and DG-Flugzeugbau GmbH Technical Note No. 1000/09, EASA approved December 12, 2006, for related information. Material Incorporated by Reference (i)You must use DG-Flugzeugbau GmbH Technical Note No. 1000/09, EASA approved December 12, 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 DG-Flugzeugbau GmbH, Wilhelm Dirks, Chief of Design; Otto-Lilienthal-Weg 2, 76646 Bruchsal, Germany; telephone: +49 7251 3020 140; fax: +49 7251 3020 149; e-mail: *design@dg-flugzeugbau.de.*

(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 September 13, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18474 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27519; Directorate Identifier 2007-NE-09-AD; Amendment 39-15203; AD 2007-19-12] RIN 2120-AA64 Airworthiness Directives; SICMA Aero Seat 50XXX Passenger Seats 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)provided by the aviation authority of France to identify and correct an unsafe condition on SICMA Aero Seat 50XXX Passenger Seats. The MCAI states the following: A release of smoke was experienced in the passenger compartment during flight after an overheating of a reading lights power box of a PN 5039201-4T SICMA seat. An analysis put into evidence that this overheating was caused by a short-circuit produced by the rupture of an electrical power supply component (PN 78147-B). It has been noticed that this power supply is not in compliance with DO 160 environmental standard. The short-circuiting could result in arcing and consequent smoke or fire. We are proposing this AD to prevent a short-circuit in the power box, which could result in smoke or fire in the airplane cabin. DATES: This AD becomes effective October 26, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 26, 2007. ADDRESSES: The Docket Operations office is located at U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Jeffrey Lee, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Engine and Propeller Directorate; 12 New England Executive Park, Burlington, MA 01803; e-mail: *Jeffrey.lee@faa.gov* ; telephone 781-238-7161; fax 781-238-7170. SUPPLEMENTARY INFORMATION: 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 April 27, 2007 (72 FR 20963). That NPRM proposed to correct an unsafe condition for the specified products. The Direction Generale De L'Aviation Civile

(DGAC)AD states that: A release of smoke was experienced in the passenger compartment during flight after an overheating of a reading lights power box of a PN 5039201-4T SICMA seat. An analysis put into evidence that this overheating was caused by a short-circuit produced by the rupture of an electrical power supply component (PN 78147-B). It has been noticed that this power supply is not in compliance with DO 160 environmental standard. The short-circuiting could result in arcing and consequent smoke or fire. We gave the public the opportunity to participate in developing this AD. We considered the comments received. Request To Revise the Costs of Compliance SICMA Aero Seat requests us to change the Costs of Compliance section of the AD to accurately depict the extent of the issue. SICMA has verified the number of affected power boxes installed in seats and the number already retrofitted. SICMA states that only 731 seats don't comply with the AD and we should change the Costs of Compliance to reflect the new numbers. We agree. We changed the Costs to Comply to reflect the reduced number of affected seats. Conclusion We reviewed the available data, including the comment[s] received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Costs of Compliance We estimate that this AD will affect about 731 seats installed on airplanes of U.S. registry. We also estimate that it would take about 0.33 work-hour to perform the actions required by this AD and that the average labor rate is $80 per work-hour. Required parts will cost about $3,475 per seat. Based on these figures, we estimate the total cost of this AD to U.S. operators to be $2,559,523. Our cost estimate is exclusive of possible warranty coverage. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is provided 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: **2007-19-12 SICMA Aero Seat:** Amendment 39-15203. Docket No. FAA-2007-27519; Directorate Identifier 2007-NE-09-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective October 26, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to SICMA Aero Seat 50XXX passenger seats with part numbers listed in the following Table 1: Table 1.—Applicability Single seats Part No. Twin seats Part No. 50692(xx)-(xx) 50A71(xx)-(xx) 50442(xx)-(xx) 50A81(xx)-(xx) 50752(xx)-(xx) 50401(xx)-(xx) 50402(xx)-(xx) 50451(xx)-(xx) 50462(xx)-(xx) 50391(xx)-(xx) 50392(xx)-(xx) 50452(xx)-(xx) 50382(xx)-(xx) 50A02(xx)-(xx) 50A72(xx)-(xx) 50A82(xx)-(xx) These seats are installed on, but not limited to, Boeing 747, 767, and 777 series, and Airbus A330 and A340 series airplanes. Reason

(d)Direction Generale De L'Aviation Civile

(DGAC)Airworthiness Directive F-2005-135, dated August 3, 2005, states: A release of smoke was experienced in the passenger compartment during flight after an overheating of a reading lights power box of a PN 5039201-4T SICMA seat. An analysis put into evidence that this overheating was caused by a short-circuit produced by the rupture of an electrical power supply component (PN 78147-B). It has been noticed that this power supply is not in compliance with DO 160 environmental standard. The short-circuiting could result in arcing and consequent smoke or fire. We are issuing this AD to prevent a short-circuit in the power box, which could result in smoke or fire in the airplane cabin. Actions and Compliance

(e)Unless already done, within six months from the effective date of this AD, identify the seats part numbers listed in the Table 1 of this AD and replace installed reading lights electrical power supplies with new ones using the instructions of the SICMA Aero Seat Service Bulletin No. 50-25-210, dated June 27, 2005. FAA AD Differences

(f)None. Other FAA AD Provisions *(g) Alternative Methods of Compliance (AMOCs):* The Manager, Boston Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information

(h)Refer to DGAC Airworthiness Directive F-2005-135, dated August 3, 2005, (EASA reference number 2005-6123) for related information.

(i)Contact Jeffrey Lee, Aerospace Engineer, Boston Aircraft Certification Office, FAA, Engine and Propeller Directorate; 12 New England Executive Park, Burlington, MA 01803; e-mail: *Jeffrey.lee@faa.gov* ; telephone 781-238-7161; fax 781-238-7170, for more information about this AD. Material Incorporated by Reference

(j)You must use SICMA Aero Seat Service Bulletin No. 50-25-210, dated June 27, 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 SICMA Aero Seat, 7 Rue Lucien Coupet 36100 Issoudun, France; telephone 33

(0)2 54 03 39 39; telefax 33

(0)2 54 03 15 16.

(3)You may review copies at the FAA, New England Region, 12 New England Executive Park, Burlington, MA; 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 Burlington, Massachusetts, on September 11, 2007. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-18431 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28301; Directorate Identifier 2007-NM-061-AD; Amendment 39-15208; AD 2007-19-17] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model MD-11, MD-11F, DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F 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 McDonnell Douglas Model MD-11 and MD-11F airplanes and certain Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes. This AD requires rerouting system 3 hydraulic piping, installing new pipe assemblies and unions, and installing redesigned support brackets for the system 3 hydraulic piping. This AD results from a report of damage to the hydraulic system that occurred when pieces of a ruptured tire from the left main landing gear penetrated the wing trailing edge access panel during takeoff. We are issuing this AD to prevent damage to the system 3 hydraulic piping, which could result in loss of the hydraulic system. DATES: This AD becomes effective October 26, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of October 26, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 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: Ken Sujishi, Aerospace Engineer, Cabin Safety Branch, ANM-150L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5353; fax

(562)627-5210. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone

(800)647-5527) is located on the ground floor of the West Building at the DOT 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 McDonnell Douglas Model MD-11 and MD-11F airplanes and certain Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes. That NPRM was published in the **Federal Register** on May 29, 2007 (72 FR 29447). That NPRM proposed to require rerouting system 3 hydraulic piping, installing new pipe assemblies and unions, and installing redesigned support brackets for the system 3 hydraulic piping. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comment received. Request To Extend the Compliance Time The NPRM specified a 2-year compliance time for the modification. According to the commenter, the U.S. Air Force, this is not enough time to modify the 59 airplanes in its Model KC-10 fleet, at a current C-check interval of 2 years. The commenter requests that we revise the proposed compliance time from 2 years to 5 years, in light of the lead time necessary to order parts and the U.S. Air Force's low usage rate relative to that of the commercial operators. We do not agree with the request. Boeing has confirmed that parts will be available to accommodate the 2-year lead time necessary to accomplish the requirements of this AD. We have not changed the AD regarding this issue. However, according to the provisions of paragraph

(h)of this AD, we may approve requests to adjust the compliance time if the request includes data that prove that the new compliance time would provide an acceptable level of safety. Changes to NPRM We have revised this final rule to refer to the service bulletins as Boeing (not McDonnell Douglas) Alert Service Bulletin MC11-29A068 and Boeing (not McDonnell Douglas) Alert Service Bulletin DC10-29A147. Proposed paragraph

(f)specified to reroute “system hydraulic piping.” We have revised this final rule to specify that rerouting the piping must be done on “system 3 hydraulic piping.” Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 430 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost 60 $80 $14,020 to $14,620 $18,820 to $19,420 260 $4,893,200 to $5,049,200. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-19-17 McDonnell Douglas:** Amendment 39-15208. Docket No. FAA-2007-28301; Directorate Identifier 2007-NM-061-AD. Effective Date

(a)This AD becomes effective October 26, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to the following McDonnell Douglas airplanes, certificated in any category:

(1)All Model MD-11 and MD-11F airplanes.

(2)DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes; as identified in Boeing Alert Service Bulletin DC10-29A147, dated February 9, 2007. Unsafe Condition

(d)This AD results from a report of damage to the hydraulic system that occurred when pieces of a ruptured tire from the left main landing gear penetrated the wing trailing edge access panel during takeoff. We are issuing this AD to prevent damage to the system 3 hydraulic piping, which could result in loss of the hydraulic system. 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. Modification

(f)Within 24 months after the effective date of this AD, reroute system 3 hydraulic piping, install new pipe assemblies and unions, and install redesigned support brackets for system 3 hydraulic piping. Do these actions in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD11-29A068, Revision 1, dated February 9, 2007 (for Model MD-11 and MD-11F airplanes); or Boeing Alert Service Bulletin DC10-29A147, dated February 9, 2007 (for Model DC-10-10, DC-10-10F, DC-10-15, DC-10-30, DC-10-30F (KC-10A and KDC-10), DC-10-40, DC-10-40F, MD-10-10F, and MD-10-30F airplanes).

(g)Accomplishment before the effective date of this AD of the modification required by paragraph

(f)of this AD in accordance with Boeing Alert Service Bulletin MD11-29A068, dated January 23, 2007, is acceptable for compliance with the requirements of paragraph

(f)of this AD. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Los Angeles 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.

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference

(i)You must use Boeing Alert Service Bulletin MD11-29A068, Revision 1, dated February 9, 2007; or Boeing Alert Service Bulletin DC10-29A147, dated February 9, 2007; as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact 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 September 10, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18459 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29089; Directorate Identifier 2007-NM-215-AD; Amendment 39-15197; AD 2007-18-52] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: This document publishes in the **Federal Register** an amendment adopting airworthiness directive

(AD)2007-18-52 that was sent previously to all known U.S. owners and operators of Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes by individual notices. This AD requires repetitive detailed inspections of the slat track downstop assemblies to verify that proper hardware is installed, one-time torquing of the nut and bolt, and corrective actions if necessary. This AD is prompted by reports of parts coming off the main slat track downstop assemblies. We are issuing this AD to detect and correct loose or missing parts from the main slat track downstop assemblies, which could result in a fuel leak and consequent fire. DATES: This AD becomes effective September 26, 2007 to all persons except those persons to whom it was made immediately effective by emergency AD 2007-18-52, issued August 28, 2007, which contained the requirements of this amendment. We must receive comments on this AD by November 20, 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:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Fax:*

(202)493-2251. • *Hand Delivery:* Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6440; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: On August 28, 2007, we issued emergency AD 2007-18-52, which applies to all Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. That emergency AD superseded emergency AD 2007-18-51, described below. Background On August 25, 2007, we issued emergency AD 2007-18-51 for all Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. That AD requires repetitive detailed inspections of the main slat track downstop assemblies to verify that proper hardware is installed, one-time torquing of the nut and bolt, and corrective actions if necessary. Corrective actions include installing a new or serviceable part; and doing a detailed inspection of the inside of the slat can for foreign object debris

(FOD)and damage, and removing any FOD and repairing damage that is found. That AD resulted from reports of parts of the main slat track downstop assembly coming off the main slat track. In one case, a nut fell into the slat track housing (referred to as “slat can”) and, during a subsequent slat retraction, the track made contact with the nut, pushing it into the wall of the can and puncturing it. That operator reported finding fuel leaking from the drain hole in the slat track housing at the No. 5 slat track position. In another case, an initial investigation revealed that following retraction of the slats after landing on a Model 737-800 airplane, loose parts of the main slat track downstop assembly punctured the slat can, which resulted in a fuel leak and a fire that ultimately destroyed the airplane. We issued that AD to detect and correct loose or missing parts from the main slat track downstop assemblies, which could result in a fuel leak and consequent fire. Actions Since Issuance of Emergency AD 2007-18-51 Since the issuance of emergency AD 2007-18-51, we have received additional reports of parts coming off the main slat track downstop assemblies. In these cases, the parts were found in the bottom of the slat track housing (“slat can”). Additionally, in one case, the slat can was damaged. Based on this new information, we find that the 24-day compliance time specified in emergency AD 2007-18-51 for accomplishing the detailed inspection of each main slat track downstop assembly to verify proper installation of the slat track hardware is not adequate to address the unsafe condition. We have determined that the appropriate compliance time for this inspection is 10 days after receipt of emergency AD 2007-18-52. In addition, we have determined that an inspection using borescope techniques in lieu of a detailed inspection is acceptable. Further, we have determined that by performing the initial detailed or borescope inspection within the reduced compliance time of 10 days, the compliance time for torquing the nut and bolt can remain at 24 days after receipt of emergency AD 2007-18-51. FAA's Determination and Requirements of This AD Since the unsafe condition described is likely to exist or develop on other airplanes of the same type design, we issued emergency AD 2007-18-52 to detect and correct loose or missing parts from the main slat track downstop assemblies, which could result in a fuel leak and consequent fire. This AD supersedes emergency AD 2007-18-51, which required repetitive detailed inspections of the main slat track downstop assemblies to verify that proper hardware is installed, one-time torquing of the nut and bolt, and corrective actions if necessary. Corrective actions include installing a new or serviceable part; and doing a detailed inspection of the inside of the slat can for foreign object debris

(FOD)and damage, and removing any FOD and repairing damage that is found. This AD continues to require the same actions as emergency AD 2007-18-51, but reduces the compliance time for the initial detailed inspection of each main slat track downstop assembly to verify proper installation of the slat track hardware from 24 days after receipt of emergency AD 2007-18-51 to 10 days after receipt of this new AD. This AD also provides an additional inspection method (using borescope techniques) in lieu of the detailed inspection. Clarification of Determining Proper Installation of Hardware Operators should note that it was not our intent that the hardware for the main slat track downstop assemblies be disassembled to determine proper installation of the sleeve. Proper installation of the sleeve need not be confirmed, and the stop location part may be installed on either the inboard or the outboard side of the slat track. Disassembling the parts provides additional opportunities for introducing the unsafe condition addressed in this AD. Therefore, we have revised paragraph

(f)of this AD accordingly. Clarification of Reference to Boeing Multi Operator Message Paragraph (f)(1) of emergency AD 2007-18-51 identified “Boeing Correspondence (Multi Operator Message) Service Request ID 1-523812011, issued August 25, 2007,” as one approved method for verifying proper installation; installing a new or serviceable part; and inspecting for damage and FOD, and removing FOD and repairing damage. This AD identifies that document correctly as “Boeing Multi Operator Message Number 1-523812011-1, issued August 25, 2007.” Since the issuance of emergency AD 2007-18-51, Boeing has issued Boeing Multi Operator Message Number 1-527463441-1, issued August 28, 2007. We have referenced that document in this AD as an additional approved method for doing the specified actions. We found that immediate corrective action was required; therefore, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual notices issued on August 28, 2007, to all known U.S. owners and operators of Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. These conditions still exist, and the AD is hereby published in the **Federal Register** as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons. Interim Action We consider this AD interim action. If final action is later identified, we might consider further rulemaking then. 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-2007-29089, Directorate Identifier 2007-NM-215-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 Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone

(800)647-5527) is located on the ground level of the West 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. The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a “significant regulatory action” under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If this emergency regulation is later deemed significant under DOT Regulatory Policies and Procedures, we will prepare a final regulatory evaluation and place it in the AD Docket. See the ADDRESSES section for a location to examine the regulatory evaluation, if filed. 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 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 airworthiness directive (AD): **2007-18-52 Boeing:** Amendment 39-15197. Docket No. FAA-2007-29089; Directorate Identifier 2007-NM-215-AD. Effective Date

(a)This AD becomes effective September 26, 2007, to all persons except those persons to whom it was made immediately effective by emergency AD 2007-18-52, issued on August 28, 2007, which contained the requirements of this amendment. Affected ADs

(b)This AD supersedes emergency AD 2007-18-51, issued August 25, 2007. Applicability

(c)This AD applies to all Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes, certificated in any category. Unsafe Condition

(d)This AD results from additional reports of parts coming off the main slat track downstop assemblies. We are issuing this AD to detect and correct loose or missing parts from the main slat track downstop assemblies, which could result in a fuel leak and consequent fire. 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. Note 1: Paragraph

(f)of this AD merely restates the requirements of paragraph (f)(1) of AD 2007-18-51. As allowed by the phrase, “unless the actions have already been done,” if the applicable initial inspections required by paragraph (f)(1) of AD 2007-18-51 have already been done, this AD does not require that those inspections be repeated until the repetitive interval of 3,000 flight cycles. Repetitive Detailed Inspections: New Initial Compliance Time

(f)Within 10 days after the effective date of this AD: Do a detailed inspection or a borescope inspection of each main slat track downstop assembly to verify proper installation of the slat track hardware (i.e., the bolt, washers, downstops, stop location, and nut shown in Figure 1 of Boeing Service Letter 737-SL-57-084-B, dated July 10, 2007, and in this AD). Proper installation of the sleeve need not be confirmed, and the stop location part may be installed on either the inboard or the outboard side of the slat track. If any part is missing or is installed improperly, before further flight, install a new or serviceable part using a method approved in accordance with the procedures specified in paragraph

(h)of this AD; and do a detailed inspection of the inside of the slat can for foreign object debris

(FOD)and damage. Before further flight, remove any FOD found and repair any damage found using a method approved in accordance with the procedures specified in paragraph

(h)of this AD. Using Boeing Multi Operator Message Number 1-523812011-1, issued August 25, 2007; or 1-527463441-1, issued August 28, 2007; is one approved method for verifying proper installation; installing a new or serviceable part; and inspecting for damage and FOD, and removing FOD and repairing damage. Repeat the actions required by paragraph

(f)of this AD thereafter at intervals not to exceed 3,000 flight cycles. Note 2: Paragraph

(g)of this AD merely restates the requirements of paragraph (f)(2) of AD 2007-18-51. As allowed by the phrase, “unless the actions have already been done,” if the torque application required by paragraph (f)(2) of AD 2007-18-51 has already been done, this AD does not require that the torque application be repeated. One-Time Torquing

(g)Within 24 days after receipt of AD 2007-18-51: Apply a torque between 50 to 80 inch-pounds to the nut. The bolt head must be held with the torque applied to the nut. Note 3: 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.” BILLING CODE 4910-13-P ER21SE07.042 BILLING CODE 4910-13-C Alternative Methods of Compliance (AMOCs) (h)(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.

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

(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

(4)AMOCs approved previously in accordance with AD 2007-18-51 are approved as AMOCs for the corresponding provisions of this AD. Material Incorporated by Reference

(i)None. Issued in Renton, Washington, on September 10, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18436 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28374; Directorate Identifier 2007-NM-067-AD; Amendment 39-15199; AD 2007-19-08] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300-600R Series Airplanes; and Model A310-300 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)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: While they were gaining access to the THS (trimmable horizontal stabilizer) fuel tank for maintenance check, several operators have found one or several of the 8 THS hoist point fitting bases cracked or broken-off. The breakage resulted in metallic debris being released within the Trim Tank. The origin of the damage is most probably due to interference with the THS hoisting lugs that are stowed in the hoist point fittings in the reverse position, being screwed too deep inside the THS hoist fittings. Damaged hoist point fittings could cause the release of metallic debris within the THS fuel system. * * * Compliance with the requirements of this AD will also eliminate potential contributing factor[s] to ignition risks. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective October 26, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 26, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1622; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: 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 June 18, 2007 (72 FR 33409). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: While they were gaining access to the THS (trimmable horizontal stabilizer) fuel tank for maintenance check, several operators have found one or several of the 8 THS hoist point fitting bases cracked or broken-off. The breakage resulted in metallic debris being released within the Trim Tank. The origin of the damage is most probably due to interference with the THS hoisting lugs that are stowed in the hoist point fittings in the reverse position, being screwed too deep inside the THS hoist fittings. Damaged hoist point fittings could cause the release of metallic debris within the THS fuel system. This Airworthiness Directive

(AD)requires the repair of any damaged THS hoist point fittings to prevent any risk of further hoist point fittings damage as well as any fuel leak. Compliance with the requirements of this AD will also eliminate potential contributing factor[s] to ignition risks. The corrective action is an inspection of the internal base of the THS hoist point fittings for signs of score, cracks, perforation or other damage; and an inspection of the hoist point fittings base inside the fuel tank for structural damage, as applicable, and applicable corrective actions (repair damaged fittings and install new plastic plugs). You may obtain further information by examining the MCAI in the AD docket. 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. Clarification of Compliance We have revised paragraphs (f)(3), (f)(4), (f)(5), and (f)(6) of this final rule to clarify that those actions are required before further flight following the inspection required by paragraph (f)(2) of the AD. Additionally, we have removed the references to doing corrective actions “before return to revenue service” throughout the AD. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In 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 our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance Based on the service information, we estimate that this AD affects about 137 products of U.S. registry. We also estimate that it takes about 10 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts cost about $332 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD on U.S. operators to be $155,084, or $1,132 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under 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. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Operations office 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 Operations office (telephone

(800)647-5527) 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: **2007-19-08 Airbus:** Amendment 39-15199. Docket No. FAA-2007-28374; Directorate Identifier 2007-NM-067-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective October 26, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Airbus Model A310-300 and A300-600R series airplanes; certificated in any category; all serial numbers fitted with a THS (trimmable horizontal stabilizer) containing fuel on which, during production Airbus Modifications 04801 and 04802 have been embodied, and Airbus Modification 06549 has not been embodied; except aircraft on which Airbus Modification 13191 has been embodied in production, or Airbus Service Bulletin A310-55-2042 or A300-55-6041 has been incorporated in service. Subject

(d)Air Transport Association

(ATA)of America Code 55: Stabilizers. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: While they were gaining access to the THS (trimmable horizontal stabilizer) fuel tank for maintenance check, several operators have found one or several of the 8 THS hoist point fitting bases cracked or broken-off. The breakage resulted in metallic debris being released within the Trim Tank. The origin of the damage is most probably due to interference with the THS hoisting lugs that are stowed in the hoist point fittings in the reverse position, being screwed too deep inside the THS hoist fittings. Damaged hoist point fittings could cause the release of metallic debris within the THS fuel system. This Airworthiness Directive

(f)Unless already done, within 60 months after the effective date of this AD, do the actions specified in paragraphs (f)(1) through (f)(6) of this AD in accordance with the instructions given in Airbus Service Bulletin A300-55-6041 or A310-55-2042, both dated September 13, 2006, as applicable.

(1)Remove the 8 THS metallic hoisting lugs.

(2)Do a detailed visual inspection of the internal base of the 8 THS hoist point fittings in order to detect visible signs of score, cracks, perforation or other damage.

(3)In case of no finding, before further flight install the new plastic plugs.

(4)In case of any finding, before further flight, entry into the fuel trim tank is required to do a detailed visual inspection for structural damage of the hoist point fittings base inside the fuel tank.

(5)If structural damage is not confirmed, before further flight blend-out/protect the scoring area of the fitting internal base and install the new plastic plugs.

(6)If structural damage is confirmed, before further flight repair the damaged fittings and install the new plastic plugs. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

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

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, Transport Airplane Directorate, 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: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1622; fax

(425)227-1149. 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)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget

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

(h)Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2007-0024, dated January 25, 2007; and Airbus Service Bulletins A300-55-6041 and A310-55-2042, both dated September 13, 2006; for related information. Material Incorporated by Reference

(i)You must use the service information specified in Table 1 of this AD 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 Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

(3)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.* Table 1.—Material Incorporated by Reference Airbus service bulletin Revision Date A300-55-6041 Original September 13, 2006. A310-55-2042 Original September 13, 2006. Issued in Renton, Washington, on September 10, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18435 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28365; Directorate Identifier 2007-NE-26-AD; Amendment 39-15185; AD 2007-18-05] RIN 2120-AA64 Airworthiness Directives; Societe de Motorisations Aeronautiques

(SMA)SR305-230 and SR305-230-1 Reciprocating Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from Mandatory Continuing Airworthiness Information

(MCAI)provided by the aviation authority of France to identify and correct an unsafe condition on SMA SR305-230 and SR305-230-1 reciprocating engines. The MCAI states the following: Several occurrences of cracks on the exhaust collector assembly have been reported in service. Failure of the engine primary exhaust can lead to a loss of engine manifold pressure and may result in a loss of engine power. In some recent occurrences, cracking has appeared near the weld of the Turbine Inlet Temperature

(TIT)probe support. This eventually led to an open hole in the exhaust collector assembly. The resulting loss of engine power was not compatible with the continuation of the flight and an immediate landing was necessary. We are issuing this AD to prevent failure of the engine primary exhaust, which could result in loss of engine power and inability to maintain safe flight. DATES: This AD becomes effective October 9, 2007. We must receive comments on this AD by October 22, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:*

(202)493-2251. • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine & 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: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2007-0127, dated May 7, 2007, to correct an unsafe condition for the specified products. The EASA AD states: Several occurrences of cracks on the exhaust collector assembly have been reported in service. Failure of the engine primary exhaust can lead to a loss of engine manifold pressure and may result in a loss of engine power. In some recent occurrences, cracking has appeared near the weld of the Turbine Inlet Temperature

(TIT)probe support. This eventually led to an open hole in the exhaust collector assembly. The resulting loss of engine power was not compatible with the continuation of the flight and an immediate landing was necessary. You may obtain further information by examining the EASA AD in the AD docket. Relevant Service Information SMA has issued Service Bulletin SB-01-78-001, dated March 27, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of France, and is approved for operation in the United States. Pursuant to our bilateral agreement with France, they have notified us of the unsafe condition described above. We are issuing this AD because we evaluated all the information provided by the Direction Generale De L'Aviation Civile, which is the airworthiness authority for France, and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because compliance times do not afford opportunity to gather public comment. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-28365; Directorate Identifier 2007-NE-26-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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: **2007-18-05 Societe de Motorisations Aeronautiques:** Amendment 39-15185. Docket No. FAA-2007-28365; Directorate Identifier 2007-NE-26-AD. Effective Date

(a)This airworthiness directive

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

(b)None. Applicability

(c)This AD applies to Societe de Motorisations Aeronautiques

(SMA)SR305-230 and SR305-230-1 reciprocating engines with exhaust collector assembly part number (P/N) SF01080014-0. These engines are installed on, but not limited to, Cessna 182 series airplanes modified to supplemental type certificate AS03302AT. Reason

(d)Several occurrences of cracks on the exhaust collector assembly have been reported in service. Failure of the engine primary exhaust can lead to a loss of engine manifold pressure and may result in a loss of engine power. In some recent occurrences, cracking has appeared near the weld of the Turbine Inlet Temperature

(TIT)probe support. This eventually led to an open hole in the exhaust collector assembly. The resulting loss of engine power was not compatible with the continuation of the flight and an immediate landing was necessary. We are issuing this AD to prevent failure of the engine primary exhaust, which could result in loss of engine power and inability to maintain safe flight. Actions and Compliance Initial Inspection

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

(1)Within 30 hours time-since-new (TSN), visually inspect the exhaust collector assembly, P/N SF01080014-0 in the area of the TIT probe mount weld for cracks.

(2)Before further flight, replace exhaust collector assemblies found cracked with a serviceable part. Repetitive Inspections

(3)Within 10 hours time-since-last inspection (TSLI), repeat the actions specified in paragraph (e)(1) and (e)(2) of this AD. Replace Exhaust Collector Assembly

(4)Within 50 hours TSN, replace the exhaust collector assembly with a serviceable part. Continuing Action

(5)Continue to inspect and replace exhaust collector assemblies as specified in paragraphs (e)(1) through (e)(4) of this AD. Definitions

(6)For the purpose of this AD, a serviceable exhaust collector assembly is a new exhaust collector assembly, or an exhaust collector assembly with fewer than 50 operating hours and no cracks. FAA AD Differences

(f)This AD differs from the Mandatory Continuing Airworthiness Information

(MCAI)and/or service information as follows:

(1)We require the initial inspection within 30 hours TSN instead of at 30 hours TSN.

(2)We require the repetitive inspections within 10 hours TSLI instead of at 40 hours TSN.

(3)We define a serviceable part. Other FAA AD Provisions

(g)*Alternative Methods of Compliance (AMOCs):* The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(h)*Special Flight Permits:* We will allow a special flight permit to comply with paragraph (e)(4) of this AD. Related Information

(i)Refer to MCAI EASA Airworthiness Directive 2007-0127, dated May 7, 2007, and SMA Service Bulletin SB-01-78-78-001, dated March 27, 2007, for related information.

(j)Contact Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine & 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. Material Incorporated by Reference

(k)None. Issued in Burlington, Massachusetts, on September 11, 2007. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-18412 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23594; Directorate Identifier 2005-NE-54-AD; Amendment 39-15202; AD 2007-19-11] RIN 2120-AA64 Airworthiness Directives; Turbomeca S.A. Artouste III B, Artouste III B1, and Artouste III D Turboshaft Engines 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)for Turbomeca Artouste III B, Artouste III B1, and Artouste III D turboshaft engines. That AD currently requires removing certain fuel pumps from service and installing serviceable fuel pumps. This AD requires the same actions and adds to the applicability, additional fuel pumps by serial number (SN). This AD results from Turbomeca identifying a number of fuel pump SNs that they omitted from the original population. We are issuing this AD to prevent reduced engine fuel flow and subsequent loss of control of the helicopter, or an accident. DATES: Effective October 9, 2007. We must receive any comments on this AD by November 20, 2007. ADDRESSES: Use one of the following addresses to comment 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:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:*

(202)493-2251. Contact Turbomeca, 40220 Tarnos, France; telephone 33 05 59 74 40 00, fax 33 05 59 74 45 15, for the service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7175; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: On February 17, 2006, the FAA issued AD 2005-04-15, Amendment 39-14497 (71 FR 9692, February 27, 2006). That AD requires removing affected fuel pumps from service and installing serviceable fuel pumps, within 30 days or 80 operating hours after receipt of a serviceable fuel pump, whichever occurs first, but no later than March 15, 2006. That AD was the result of fuel pumps entering service after passing a faulty acceptance test. Accordingly, those fuel pumps may limit the maximum fuel flow available to the engine. That condition, if not corrected, could result in reduced engine fuel flow and subsequent loss of control of the helicopter, or an accident. Actions Since AD 2006-04-15 Was Issued The European Aviation Safety Agency (EASA), which is the airworthiness authority for the European Union, notified the FAA that Turbomeca has identified an additional 58 fuel pumps, by SN, that were omitted from the original SN listing. These pumps may be installed on U.S.-registered Eurocopter France Alouette III SE.3160, SA.316B, SA.315B, and SA.316C helicopters. Turbomeca issued Mandatory Service Bulletin No. 218 73 0802, Update 1, dated January 8, 2007, to address the 160 suspect fuel pumps. We cannot confirm that these fuel pumps have been removed from service and retested or replaced. The EASA issued AD 2007-0030, dated February 6, 2007, in order to ensure the airworthiness of these engines in the European Union. We are issuing this AD to prevent reduced helicopter performance, subsequent loss of control of the helicopter, or accident. Differences Between This AD and the Service Information Turbomeca SB 218 73 0802, Update 1, dated January 8, 2007, requires compliance by March 1, 2007, at the latest. This AD requires compliance no later than 30 days after the effective date of this AD. Bilateral Airworthiness Agreement This engine model is manufactured in France and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Under this bilateral airworthiness agreement, the EASA has kept the FAA informed of the situation described above. We have examined the findings of the EASA, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. FAA's Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other Turbomeca Artouste III B, Artouste III B1, and Artouste III D turboshaft engines of the same type design. We are issuing this AD to prevent reduced engine fuel flow and subsequent loss of control of the helicopter, or an accident. This AD requires: • For pumps with a SN listed in Table 1 of this AD, removing affected fuel pumps from service and installing serviceable fuel pumps no later than March 15, 2006, the compliance end date of AD 2005-04-15. • For pumps with a SN listed in Table 2 of this AD, removing affected fuel pumps from service and installing serviceable fuel pumps before accumulating 50 cycles-in-service after the effective date of this AD, but no later than 30 days after the effective date of this AD. FAA's Determination of the Effective Date Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to send us any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include “AD Docket No. FAA-2006-23594; Directorate Identifier 2005-NE-54-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule 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 the DMS 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 AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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 the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and 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 Under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-14497 (71 FR 9692, February 27, 2006), and by adding a new airworthiness directive, Amendment 39-15202, to read as follows: **2007-19-11 Turbomeca S.A.:** Amendment 39-15202. Docket No. FAA-2005-23594; Directorate Identifier 2005-NE-54-AD. Effective Date

(a)This airworthiness directive

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

(b)This AD supersedes AD 2005-04-15, Amendment 39-14497. Applicability

(c)This AD applies to Turbomeca Artouste III B, Artouste III B1, and Artouste III D turboshaft engines. These engines are installed on, but not limited to, Eurocopter France Alouette III SE.3160, SA.316B, SA.315B, and SA.316C helicopters. Unsafe Condition

(d)This AD results from Turbomeca S.A. identifying a number of fuel pump serial numbers

(SNs)that they omitted from the original population. We are issuing this AD to prevent reduced engine fuel flow and subsequent loss of control of the helicopter, or an accident. 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. Original Requirement

(f)Remove from service the fuel pumps listed by SN in Table 1 of this AD, and install a serviceable fuel pump no later than March 15, 2006. Table 1.—Affected Fuel Pump SNs A59B F504B 2827 A82B F506B 2828 A91B F537B 2830 B14B F561B 2838 B29B F589B 2854 B42B F596B 2867 C27B F607B 2868 C6B F630B 2884 C92B F643B 2944 D16B F706B 3078 D18B F724B 3175 D20B F743B 3230 D80B F745B 3259 D99B F748B 3282 E49B F759B 3343 E77B F760B 3376 E90B F762B 3383 F112B F957B 3385 F131B 808 3397 F176B 1725 3458 F220B 1766 3515 F243B 1770 3548 F253B 1897 3660 F262B 1941 3746 F293B 2154 3756 F317B 2155 3757 F320B 2233 3783 F357B 2512 3792 F368B 2620 3826 F420B 2729 3858 F464B 2759 3888 F466B 2763 3894 F477B 2786 3979 F47B 2787 4066 New Requirement

(g)Remove from service the fuel pumps listed by SN in Table 2 of this AD, and install a serviceable fuel pump, before accumulating 50 hours in service after the effective date of this AD, but no later than 30 days from the effective date of this AD. Table 2.—Additional Affected Fuel Pump SNs 158B 1749 1750 2103 2577 2665 2728 2837 2882 2887 2894 2933 3045 3120 3200 3220 3277 3293 3323 3326 3395 3438 3581 3725 3729 3884 3923 4123 4129 4213 4241B B52B B82B C01B D14B D2B D71B D93B E67B F129B F151B F164B F335B F350B F472B F48B F551B F620B F652B F66B F776B F801B F817B F833B F944B F971B G58B G61B Definition

(h)For the purpose of this AD, a serviceable fuel pump is:

(1)A fuel pump that is not listed in Table 1 or Table 2 of this AD; or

(2)A fuel pump that is listed in Table 1 or Table 2 of this AD that has been retested to verify that it meets maximum fuel flow requirements. Alternative Methods of Compliance

(i)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

(j)European Aviation Safety Agency AD No. 2007-0030, dated February 6, 2007, also addresses the subject of this AD.

(k)Turbomeca Mandatory Service Bulletin No. 218 73 0802, Update No. 1, dated January 8, 2007, pertains to the subject of this AD. Issued in Burlington, Massachusetts, on September 11, 2007. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-18434 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29263; Directorate Identifier 2007-NM-198-AD; Amendment 39-15210; AD 2007-19-19] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP 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 certain Boeing Model 747 series airplanes. The existing AD currently requires repetitive inspections and torque checks of the hanger fittings and strut forward bulkhead of the forward engine mount and adjacent support structure, and corrective actions if necessary. The existing AD also currently requires a terminating action for the repetitive inspections and checks. This new AD requires, among other actions, new repetitive inspections in the existing area and new areas. This new AD also provides for an optional inspection and no longer allows the existing fastener replacement to terminate repetitive inspections. This AD results from new reports of under-torqued or loose fasteners, a cracked bulkhead chord, and a fractured back-up angle after operators accomplished the terminating action required by the existing AD. We are issuing this AD to detect and correct loose fasteners and/or damaged or cracked hanger fittings, back-up angles, and bulkhead of the forward engine mount, which could lead to failure of the hanger fitting and bulkhead and consequent separation of the engine from the airplane. DATES: This AD becomes effective October 9, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of October 9, 2007. On December 6, 2000 (65 FR 69862, November 21, 2000), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 747-54A2203, dated August 31, 2000. We must receive any comments on this AD by November 20, 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:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Fax:*

(202)493-2251. • *Hand Delivery:* Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tamara Anderson, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6421; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion On July 13, 2001, we issued AD 2001-15-02, amendment 39-12336 (66 FR 37884, July 20, 2001). That AD applies to certain Boeing Model 747 series airplanes. That AD requires repetitive inspections and torque checks of the hanger fittings and strut forward bulkhead of the forward engine mount and adjacent support structure, and corrective actions if necessary. That AD also requires a terminating action for the repetitive inspections and checks. That AD resulted from reports indicating the detection of loose fasteners of the hanger fittings and strut forward bulkhead of the forward engine mount. The actions specified in that AD are intended to prevent loose fasteners and associated damage to the hanger fittings and bulkhead of the forward engine mount, which could result in separation of the engine from the airplane. Actions Since AD Was Issued Since we issued that AD, we have received new reports of under-torqued or loose fasteners after operators accomplished the terminating action required by AD 2001-15-02 (i.e., Part 6 specified in Boeing Alert Service Bulletin 747-54A2203, dated August 31, 2000). In addition, we have received a report of a crack approximately 1.5-inch in length in the bulkhead chord adjacent to an upper fastener on a number 2 strut with approximately 20,050 total flight cycles and 110,000 total flight hours. Further investigation revealed that the back-up angle inside the strut adjacent to the crack had fractured at its bend radius. The fracture initiated as a result of fatigue at multiple locations on the inner diameter of the bend radius. The cause of the loose fasteners of the hanger fittings of the bulkhead of the forward engine mount is their location in an area of high vibration and the design of the bulkhead. Loose fasteners and/or damaged or cracked hanger fittings, back-up angles, and bulkhead of the forward engine mount, if not corrected, could lead to failure of the hanger fitting and bulkhead and consequent separation of the engine from the airplane. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 747-54A2203, Revision 1, dated August 9, 2007. The service information describes the following new procedures: • Repetitive detailed inspections of the torque stripes and bulkhead of the forward engine mount and the adjacent support structure on the inboard and outboard struts and repetitive torque inspections (checks) of the bulkhead for cracks and/or fretting damage of the hanger fittings and bulkhead and for loose or under-torqued fasteners, as applicable; and applicable related investigative and corrective actions (i.e., Part 2 of the Accomplishment Instructions). • Repetitive high frequency eddy current (HFEC), detailed, or fluorescent penetrant inspections of the bulkhead of the forward engine mount on the inboard and outboard struts for cracks of the bulkhead chords, evidence of a fractured internal angle, or cracks/fracture of the internal angles; as applicable (i.e., Part 8 of the Accomplishment Instructions); and detailed and HFEC inspections to detect cracks or fracture of the internal angle and stiffener (i.e., Part 7 of the Accomplishment Instructions), and applicable related investigative and corrective actions. The related investigative actions involve doing applicable inspections described previously. The corrective actions include applying optional torque stripes; reworking, repairing, and/or replacing any discrepant part with a new part; replacing all fasteners with new fasteners; and contacting Boeing for certain conditions; as applicable. For the inspections specified in Parts 2 and 8 of the Accomplishment Instructions, the service information specifies an initial compliance time of 90 days and repeat intervals of 6 and 18 months, depending on the inspection type. For the inspections specified in Part 7 of the Accomplishment Instructions, the service information specifies an initial compliance time of 18 months and repeat intervals of 36 months. The service bulletin specifies a compliance time of before further flight or 18 months for doing the related investigative and corrective actions, as applicable. 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 2001-15-02. This new AD retains the required fastener replacement, except that action no longer terminates any repetitive inspections and torque inspections (checks). This AD also requires accomplishing the actions specified in Parts 2 and 8 of the Accomplishment Instructions of the service information described previously, except as discussed under “Differences Between the AD and Service Information.” This AD also provides, as an option, the inspections specified in Part 7 of the Accomplishment Instructions of the service information described previously. Interim Action This is considered to be interim action. We are currently considering requiring the inspections and applicable related investigative and corrective actions specified in Part 7 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-54A2203, Revision 1. However, the planned compliance time for the inspections is sufficiently long so that notice and opportunity for prior public comment will be practicable. Differences Between the AD and Service Information The service information specifies to contact the manufacturer for instructions on how to repair certain conditions, but this AD requires repairing those conditions in one of the following ways: • Using a method that we approve; or • Using data that meet the certification basis of the airplane, and that have been approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization whom we have authorized to make those findings. Change to Existing AD This AD will retain certain requirements of AD 2001-15-02. Since AD 2001-15-02 was issued, we have revised the AD format and rearranged certain paragraphs. As a result, we reidentified paragraph

(c)of AD 2001-15-02 as paragraph

(f)in this AD. Boeing Commercial Airplanes has received a Delegation Option Authorization (DOA). We have revised paragraph

(f)of this AD to delegate the authority to approve an alternative method of compliance for any repair required by this AD to an Authorized Representative for the Boeing Commercial Airplanes DOA rather than a Designated Engineering Representative (DER). 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-2007-29263; Directorate Identifier 2007-NM-198-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 Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone

(800)647-5527) is located on the ground level of the West 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 39-12336 (66 FR 37884, July 20, 2001) and adding the following new airworthiness directive (AD): **2007-19-19 Boeing:** Docket No. FAA-2007-29263; Directorate Identifier 2007-NM-198-AD; Amendment 39-15210. Effective Date

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

(b)This AD supersedes AD 2001-15-02. Applicability

(c)This AD applies to Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 747-54A2203, Revision 1, dated August 9, 2007. Unsafe Condition

(d)This AD results from new reports of under-torqued or loose fasteners, a cracked bulkhead chord, and a fractured back-up angle after operators accomplished the terminating action required by the existing AD. We are issuing this AD to detect and correct loose fasteners and/or damaged or cracked hanger fittings, back-up angles, and bulkhead of the forward engine mount, which could lead to failure of the hanger fitting and bulkhead and consequent separation of the engine from the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Certain Requirement of AD 2001-15-02

(f)Within 60 months after August 24, 2001 (the effective date of AD 2001-15-02): Accomplish all actions specified in Part 6 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-54A2203, dated August 31, 2000. Where the alert service bulletin specifies that the manufacturer may be contacted for disposition of certain corrective actions (rework or replacement of fittings), this AD requires such rework and/or replacement to be done in accordance with a method approved by the Manager, Seattle Aircraft Certification Office (ACO); or in accordance with data meeting the type certification basis of the airplane approved by a Boeing Company Designated Engineering Representative

(DER)who has been authorized by the Manager, Seattle ACO, to make such findings. For a repair method to be approved by the Manager, Seattle ACO, as required by this paragraph, the Manager's approval letter must specifically reference this AD. As of the effective date of this AD, the rework and/or replacement must be done using a method approved in accordance with the procedures specified in paragraph

(k)of this AD. Note 1: Installation of two BACW10BP*APU washers on Group A fasteners accomplished during modification in accordance with Boeing Service Bulletin 747-54A2159, dated November 3, 1994, Revision 1, dated June 1, 1995, or Revision 2, dated March 14, 1996; and pin or bolt protrusion as specified in the 747 Structural Repair Manual, Chapter 51-30-02 (both referenced in Boeing Alert Service Bulletin 747-54A2203, dated August 31, 2000); is considered acceptable for compliance with the action required by paragraph

(f)of this AD. New Actions Required by This AD Inspections and Related Investigative and Corrective Actions

(g)Except as provided by paragraphs

(i)and

(j)of this AD: At the applicable compliance times and repeat intervals listed in Tables 1 and 2 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-54A2203, Revision 1, dated August 9, 2007, do the inspections and applicable related investigative and corrective actions by accomplishing all the actions specified in Parts 2 and 8 of the Accomplishment Instructions of the service bulletin. Optional Initial and Repetitive Inspections and Related Investigative and Corrective Actions

(h)Do the initial and repetitive inspections and related investigative and corrective actions by accomplishing all the actions specified in Part 7 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-54A2203, Revision 1, dated August 9, 2007, except as provided by paragraph

(j)of this AD. Exceptions to Service Bulletin

(i)Where Boeing Alert Service Bulletin 747-54A2203, Revision 1, dated August 9, 2007, specifies a compliance time after the date of the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD.

(j)Where Boeing Alert Service Bulletin 747-54A2203, Revision 1, dated August 9, 2007, specifies to contact Boeing for appropriate action, this AD requires, before further flight, repair of the discrepancy or replacement of the discrepant part using a method approved in accordance with the procedures specified in paragraph

(k)of this AD. Alternative Methods of Compliance (AMOCs) (k)(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.

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

(l)You must use Boeing Alert Service Bulletin 747-54A2203, dated August 31, 2000; and Boeing Alert Service Bulletin 747-54A2203, Revision 1, dated August 9, 2007; 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 Boeing Alert Service Bulletin 747-54A2203, Revision 1, dated August 9, 2007, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On December 6, 2000 (65 FR 69862, November 21, 2000), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin 747-54A2203, dated August 31, 2000.

(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 September 14, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-18541 Filed 9-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 648 [Docket No. 0612243159-7456-03; I.D. 020507A] RIN 0648-AU34 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Monkfish Fishery; Framework Adjustment 4 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Interim final rule; request for comments. SUMMARY: NMFS implements new management measures for the monkfish fishery approved in Framework Adjustment 4 to the Monkfish Fishery Management Plan (FMP). This framework eliminates the control rule for determining management measures established by Framework Adjustment 2 to the FMP, and establishes target total allowable catch

(TAC)levels, trip limits, and days-at-sea

(DAS)allocations for the final 3 years of the monkfish rebuilding plan. The intent of this action is to replace the Framework 2 control rule with measures consistent with the stock rebuilding goals established in the original FMP, and in accordance with Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requirements. NMFS is publishing this action as an interim final rule in order to provide the opportunity for additional public comment because the approval of Framework 4 was based, in part, on the consideration of the integrated monkfish stock assessment, which was not available during the original public comment period. This action also contains three changes to address incorrect cross-references or duplicate regulatory text. DATES: The interim rule published on April 27, 2007 (72 FR 20952), which is scheduled to expire on October 28, 2007, is superseded by this interim final rule and expires at 12:01 a.m. on October 22, 2007. The amendments in this interim final rule become effective at 12:02 a.m. on October 22, 2007. Comments on the measures contained in this interim final rule must be received by 5 p.m. on October 22, 2007. ADDRESSES: Copies of the Environmental Assessment (EA), including the Regulatory Impact Review

(RIR)and Initial Regulatory Flexibility Analysis (IRFA), prepared for this action are available upon request from Paul Howard, Executive Director, New England Fishery Management Council, 50 Water Street, Newburyport, MA, 01950. The document is also available online at *www.nefmc.org* . NMFS prepared a Final Regulatory Flexibility Analysis (FRFA), which is contained in the classification section of this interim final rule. The small entity compliance guide is available from Patricia A. Kurkul, Regional Administrator, Northeast Regional Office, National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930 2298, and on the Northeast Regional Office's website at *www.nero.noaa.gov/nero/nr/* . Written comments on this interim final rule may be submitted by any of the following methods: • E-mail: E-mail comments may be submitted to monkfish.FW4interim@noaa.gov. Include in the subject line the following “Comments on the Interim Final Rule for Framework Adjustment 4.” • Mail: Comments submitted by mail should be sent to Patricia A. Kurkul, Administrator, Northeast Region, NMFS (Regional Administrator), One Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope “Comments on the Interim Final Rule for Framework Adjustment 4 to the Monkfish FMP.” • Facsimile (fax): Comments submitted by fax should be faxed to

(978)281-9135. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this interim final rule may be submitted to the Regional Administrator at the address listed above and by e-mail to *David_Rostker@omb.eop.gov,* or fax to

(202)395-7285. FOR FURTHER INFORMATION CONTACT: Allison McHale, Fishery Policy Analyst, e-mail *Allison.McHale@noaa.gov* , phone

(978)281-9103, fax

(978)281-9135. SUPPLEMENTARY INFORMATION: Background The monkfish fishery is jointly managed by the New England and Mid-Atlantic Fishery Management Councils (Councils), with the New England Fishery Management Council (NEFMC) having the administrative lead. The fishery extends from Maine to North Carolina, and is divided into two management units: The NFMA and the Southern Fishery Management Area (SFMA). The original Monkfish FMP established a framework adjustment process that requires an annual review by the Monkfish Monitoring Committee

(MFMC)to evaluate the effectiveness of the FMP in meeting its conservation objectives. This annual review was a fairly general process calling for the development of target total allowable catch levels

(TACs)for the upcoming fishing year based on the best scientific information available and consistent with the goals and objectives of the FMP. The annual review and target TAC setting process in the FMP was modified through the implementation of Framework Adjustment 2 (Framework 2) (68 FR 22325; April 28, 2003) to establish a more specific and prescribed process for setting annual target TACs. Specifically, Framework 2 added a target TAC setting control rule based on the ratio of a 3-year running average of the NMFS fall trawl survey biomass index to an established annual biomass index target, compared to landings from the previous year. Based on the experiences of the last several years, it became apparent that the Framework 2 control rule could result in measures that were inconsistent with the rebuilding goals of the FMP because changes to the target TACs are based, in large part, on prior landings. Thus, under the existing control rule, target TACs could be increased even when annual biomass rebuilding targets are not being met. The Councils initiated Framework 4 during the spring of 2006 because of the above mentioned concerns regarding the Framework 2 control rule and the status of the monkfish resource with respect to the rebuilding schedule established in the FMP. The intent of Framework 4 is to replace the Framework 2 control rule with measures consistent with the stock rebuilding goals established in the original FMP. Due to concerns over the status of the monkfish resource and the fact that monkfish is in the seventh year of a 10-year rebuilding plan, NMFS postponed making a decision on Framework 4 and implemented interim measures for the start of the 2007 fishing year (72 FR 20952, April 27, 2007) until a new monkfish stock assessment could be conducted in July 2007. The results of the monkfish stock assessment, conducted by the Northeast Data Poor Stocks Working Group (Northeast Fisheries Science Center Reference Document 07-13) became available in August 2007. The summary report for this assessment entitled “Monkfish assessment summary for 2007” is available online at *www.nefsc.noaa.gov/nefsc/publications/crd/crd0713/* . A new analytic model was developed and applied to the available scientific information for monkfish. Based on the existing biomass reference points in the FMP, monkfish is considered overfished in both the northern and southern stock management areas. New biological reference points were developed as part of the 2007 assessment, based on a revised yield-per-recruit analysis (using a revised value of the natural mortality rate) and results of a length-tuned model that incorporates multiple survey indices and catch data. Based on the reference points generated through this assessment, monkfish in both management regions would be considered not overfished, and overfishing is not occurring. However, the median and maximum sizes of monkfish in both the north and south have declined since the 1980s. The new assessment results are accompanied by substantial uncertainty, and therefore need to be viewed with caution. Reservations highlighted in the assessment report include:

(1)input uncertainties (under-reported landings and unknown discards of monkfish during the 1980s and incomplete understanding of key biological parameters such as age and growth, longevity, natural mortality, and stock structure);

(2)the shorter assessment time frame of data used (1980-2006) than was used in previous assessments (1963-2006); and

(3)the relatively recent development of the assessment model. More specifically, the assessment hinges critically on assumptions regarding growth, longevity, and natural mortality of monkfish, all of which are poorly known. In addition, commercial catches prior to 1993 are not well characterized. Model results are sensitive to the assumed value of natural mortality, revised in this assessment from 0.2 to 0.3 per year. This decision was based on the observed longevity of male and female fish in the resource; however, the actual lifespan of monkfish may be greater than that which has been observed thus far. Uncertainties in key life history parameters and historical catches are unlikely to be resolved in the short term. The assessment model was also used to evaluate the impacts of target TACs proposed in Framework 4 (5,000 mt in the north and 5,100 mt in the south), assuming long-term average recruitment. The results indicate that total biomass in both regions would increase through 2009 and remain above the newly estimated B target . In other words, if the new biomass reference points were applied, fishing at the Framework 4 target TAC levels would keep the stocks at levels such that they would not be considered overfished. However, these results did not incorporate any uncertainty associated with the stock size estimates for 2006, and further work is necessary to develop a complete forecasting approach The report concluded that the data-poor nature of this species and the significant uncertainty in assessing the stocks should be considered when developing management measures. The biomass reference points currently contained in the FMP, which are used to make stock status determinations, remain unchanged at this time. The Councils will be presented with the new stock assessment results in the next few months. If, on the basis of this new information, the Councils determine that the FMP should be amended to replace the existing biomass reference points with the new biomass reference point recommendations, the Councils would need to do so through a future action. A change in determination of overfished status for both of the monkfish stocks cannot be made unless and until the biomass reference points contained in the FMP are changed. However, the new assessment did not recommend a change in the fishing mortality reference point (F max ), but did update the value associated with this reference point for each management area based upon the most recent information available. Thus, the determination can be made, based on the existing fishing mortality reference points, that overfishing is not occurring on either stock. Therefore, NMFS is approving Framework 4, under the rebuilding plan contained in the FMP, since the best available scientific information supports a determination that overfishing is no longer occurring on either stock, and because the target TACs contained in Framework 4 are appropriate for the management of the two monkfish stocks, given the considerable uncertainty that still remains. This action supercedes the interim rule, and the regulatory text in this interim final rule is written to amend the regulations in 50 CFR part 648 as they appeared prior to implementation of the interim rule. In light of the integrated monkfish stock assessment results, which were not available during the public comment period, NMFS is seeking additional public comment on this action. Approved Framework Measures 1. Target TACs for the NFMA and SFMA In addition to changing the annual adjustment process (i.e., the removal of the Framework 2 control rule), this action would establish target TACs of 5,000 mt and 5,100 mt for the NFMA and SFMA, respectively, for the final 3 years of the rebuilding plan (FY 2007-FY 2009), unless otherwise modified by the MFMC during its annual review process. Essentially, this framework adjustment removes the Framework 2 control rule and replaces it with target TACs that were developed based upon an analysis conducted by the Monkfish Plan Development Team (PDT). The target TACs developed by the PDT incorporate a synthesis of nine different methods for calculating target TACs for the monkfish fishery. These target TACs represent the PDT's best estimate of target catch levels that could facilitate stock rebuilding but maintain a limited directed monkfish fishery, and are the basis for calculating DAS allocations and trip limits for each management area. The target TAC for the NFMA is 35 percent lower than the target TAC in effect for FY 2006, and 67 percent lower than the average of target TACs in effect since FY 2002. The target TAC for the SFMA is 39 percent higher than the target TAC in effect for FY 2006, but is 33 percent lower than the average of the target TACs in effect since FY 2002. Therefore, both target TACs represent a decrease in overall effort since the implementation of the FMP. A copy of the target TAC analysis conducted by the PDT is contained in Appendix I of the Framework 4 document (see ADDRESSES ). 2. DAS Requirement for the NFMA This interim final rule requires limited access monkfish vessels that are fishing in the NFMA to declare a monkfish DAS if the vessel exceeds, or is anticipating to exceed, the applicable monkfish incidental catch limit. Under this provision, if the vessel is equipped with a vessel monitoring system

(VMS)unit and is fishing under a NE multispecies Category A DAS in the NFMA, it may declare a monkfish DAS any time prior to crossing the VMS demarcation line upon returning to port or leaving the NFMA if the applicable monkfish incidental catch limit is exceeded during the course of the trip. In addition, this action revises the minimum mesh size applicable to limited access monkfish gillnet vessels fishing in the NFMA that change their DAS declaration from a NE multispecies Category A DAS to a monkfish DAS while at sea. Such vessels will be subject to the smaller NE multispecies gillnet minimum mesh size associated with the NE multispecies regulated mesh area in which the vessel is fishing versus the relatively larger monkfish gillnet minimum mesh size requirement. The purpose of the at-sea declaration component of this management measure is to minimize discards and promote safety. For example, if a vessel fishing for NE multispecies under a Category A DAS in the NFMA exceeds the monkfish incidental catch limit, this provision enables the vessel to retain the additional monkfish by declaring a monkfish DAS. Otherwise, the vessel would be required to discard the additional monkfish or stay at sea long enough to account for the overage of the incidental limit, which is based on a NE multispecies DAS. The decision to apply this at-sea declaration provision only to vessels fishing in the NFMA is a recognition of the differences in how the monkfish fishery is prosecuted in each management area, particularly in the ability to target monkfish with minimal bycatch of NE multispecies. As such, vessels holding both limited access NE multispecies and limited access monkfish permits are far more likely to exceed the monkfish incidental limit while fishing for NE multispecies on a NE multispecies DAS in the NFMA than they are in the SFMA. For these reasons, the original FMP applied different gear requirements in the two areas, and placed no restrictions on the monkfish catch by monkfish limited access vessels fishing on a NE multispecies DAS in the NFMA. For the same reasons, the need to provide limited access monkfish vessels fishing in the NFMA with the flexibility provided by this at-sea declaration provision outweighs any potential abuse of this provision in that area, in contrast to the SFMA, where the need for such flexibility is much less, and does not outweigh the potential for abuse of this provision in that area. 3. Trip Limits and DAS Allocations for the NFMA This action establishes an annual monkfish DAS allocation of 31 DAS for limited access monkfish vessels fishing in the NFMA. This action also establishes NFMA trip limits of 1,250 lb (567 kg) tail weight per DAS for limited access monkfish Category A and C vessels, and 470 lb (213 kg) tail weight per DAS for limited access monkfish Category B and D vessels. The DAS allocations contained in this interim final rule are for the entire FY 2007, and, as such, are inclusive of the DAS allocated under the April 27, 2007, interim rule. Therefore, vessels previously allocated 31 DAS under the interim rule will not be granted any additional DAS under this interim final rule. 4. Trip limits and DAS Allocations for the SFMA This action restricts limited access monkfish vessels fishing in the SFMA to 23 monkfish DAS annually. Due to the difference between the proposed DAS allocations for the NFMA and the SFMA contained in Framework 4, this action establishes an annual allocation of 31 monkfish DAS for all limited access monkfish vessels, but restricts vessels to using no more than 23 of their allocated 31 monkfish DAS in the SFMA. The DAS restrictions in this interim final rule are for the entire FY 2007, and, as such, are inclusive of the DAS restrictions contained in the April 27, 2007, interim rule. Therefore, vessels previously restricted to using 12 monkfish DAS in the SFMA under the interim rule will be authorized to use an additional 11 monkfish DAS, not counting any available carryover DAS, during FY 2007 through this interim final rule, for a total of 23 DAS during FY 2007. This action also establishes SFMA trip limits of 550 lb (249 kg) tail weight for limited access monkfish Category A, C, and G vessels; and 450 lb (204 kg) tail weight per DAS for limited access monkfish Category B, D, and H vessels. These are the same trip limits in effect during FY 2006 and under the interim rule. 5. Monkfish Incidental Catch Limit for the NFMA This action reduces the monkfish incidental catch limit applicable to limited access monkfish vessels (Categories A, B, C, D, F, G, and H) and open access monkfish vessels (Category E) fishing under a NE multispecies DAS in the NFMA from 400 lb (181 kg) tail weight per NE multispecies DAS, or 50 percent of the weight of fish on board, to 300 lb (136 kg) tail weight per DAS, or 25 percent of the weight of fish on board. The revised incidental catch limit for the NFMA is equivalent to that implemented in the original FMP. 6. Target TAC Overage Backstop Provision The target TACs and associated management measures contained in this interim final rule are intended to remain in effect for the final 3 years of the FMP rebuilding program. The method that has been used to calculate trip limits and DAS allocations for the SFMA since FY 2002 has proven to be effective at keeping landings at or near the annual target TACs. However, there is no assurance that the success of this method will continue, or that similar results will occur for the NFMA, where there has been no monkfish trip limit since the implementation of the FMP. As a result, the Councils recommended a target TAC overage backstop provision in Framework 4 that enables the Regional Administrator to adjust the DAS available in either or both management areas for FY 2009 if the target TACs are exceeded by between 10 and 30 percent during FY 2007. If the target TACs are exceeded by more than 30 percent, the directed monkfish fishery would be closed in FY 2009 in the area in which this overage occurred. 7. Extension of Measures Beyond FY 2009 If a subsequent regulatory action is not in place prior to the end of FY 2009, Framework 4 contains a provision to extend management measures into FY 2010 and beyond. Under this interim final rule, the management measures in place for FY 2009 would remain in effect in FY 2010 and beyond unless the target TAC overage backstop provision (see item 6) results in the closure of the directed monkfish fishery during FY 2009. In this case, the management measures in effect for FY 2010 and beyond would be those in effect during FY 2008 in the area where the directed fishery had been closed. 8. Revision to Boundary Line for Category H Permit Holders This action revises the northern boundary line applicable to limited access monkfish Category H permit holders. These vessels were allowed to enter the fishery through an extension to the monkfish limited access program established in Amendment 2 to the FMP. A total of seven vessels qualified for Category H permits under this program. Under the provisions of the program contained in Amendment 2, these vessels were restricted to fishing in the area south of 38°20′N lat. These vessels have a limited season when monkfish are available during the late spring. In addition, these vessels are constrained by sea turtle closures that essentially restrict the fishery to an area that is 20 nautical miles (37 km) wide. As a result, Framework 4 shifts the northern boundary line applicable to limited access monkfish Category H vessels northward by 20 nautical miles (37 km) to 38°40′ N lat. in order to increase the opportunity for the affected vessels to prosecute the monkfish fishery, and provide some additional area to move into, in the event that sea turtles appear in the area north of 38°00′ N lat., which is the northern boundary of the sea turtle closure area. 9. Scallop Closed Area Access Program Monkfish Incidental Catch Limit Prior to the final approval of Framework 4 by the Councils, representatives from the scallop fishing industry requested that the Councils clarify their intent with respect to the monkfish incidental catch limits applicable to scallop dredge vessels fishing in the Scallop Area Access Program, because changes to the program resulting from Scallop Framework 18 changed the monkfish incidental catch limit applicable to these areas. The final rule implementing Framework 18 to the Scallop FMP removed DAS counting for vessels fishing in the Scallop Area Access Program. As a result, the monkfish possession limit dropped from 300 lb (136 kg) tail weight per scallop DAS to 50 lb (23 kg) tail weight per day fished, up to a maximum of 150 lb (68 kg) tail weight in the access areas. Based on input from the scallop fishing industry, Framework 4 revises the monkfish possession limit applicable to limited access scallop vessels fishing in the Scallop Area Access Program to be 300 lb (136 kg) tail weight per day fished within the access area, not to include steaming time. 10. Re-establishment of Carryover DAS The April 27, 2007, interim rule prohibited the use of carryover DAS. By default, since the Councils chose to take no action to change the DAS carryover provisions through Framework 4, this action re-establishes the Monkfish FMP provision allowing limited access monkfish vessels to carryover up to 10 unused monkfish DAS from one fishing year to the next. 11. Additional Changes A section of the final rule implementing Joint NE Multispecies Framework 42/Monkfish Framework 3 (71 FR 62156; October 23, 2006) that pertained to the NE Multispecies Regular B DAS Program contained an error in a cross-reference to the monkfish possession limit regulations under § 648.94. This action revises the incorrect cross-reference of § 648.94(b)(7) found under § 648.85(b)(6)(iv)(D) to be § 648.94(b)(3). This error was the result of an oversight in carrying forward regulatory changes from the April 13, 2006, emergency interim rule to the NE Multispecies FMP (71 FR 19348) that were also contained in this joint framework (i.e., the cross-reference was not updated in the final rule implementing this joint framework). This action also makes two additional changes that appear to be oversights in the regulatory text implementing Amendment 2 to the Monkfish FMP (70 FR 21927; April 28, 2005). The first correction deletes a cross reference to § 648.93(b)(2) in the prohibition concerning the monkfish management area declaration requirement, found at § 648.14(y)(21), since it is no longer valid. Amendment 2 eliminated the need for an area declaration requirement associated with the monkfish minimum fish size provisions under § 648.93 since that action made the minimum fish size equivalent across both management areas. In addition, this interim final rule removes some duplicate regulatory text concerning the impact of the NE multispecies leasing program on monkfish DAS found at § 648.92(b)(2)(iii) that should have been deleted when that section was revised during the Amendment 2 rulemaking process. Comments and Responses The public comment period on the proposed rule for Framework 4 ended on April 19, 2007, with 24 comments received. All of the public comments, except one, supported the management measures contained in Framework 4. Only comments that were applicable to the proposed measures, including the analyses used to support these measures, are addressed in this preamble. In implementing inseason framework adjustment measures such as Framework 4, NMFS may only approve or disapprove measures, and may not select another alternative considered (and not rejected) by the Councils or unilaterally modify any measure in a substantive way pursuant to the monkfish inseason framework adjustment provisions found under § 648.96(c)(2), unless the framework action was initiated through the FMP annual review process as specified under § 648.96(c)(1). *Comment 1:* One commenter stated that the monkfish quotas should be cut by 50 percent this year and by 10 percent each succeeding year. *Response:* The target TACs being implemented in this interim final rule represent an average decrease of 50 percent in overall fishing effort (i.e., across both management areas) since FY 2002. Specifically, the target TAC for the NFMA is 35 percent lower than the target TAC in effect for FY 2006, and 67 percent lower than the average of the target TACs in effect since FY 2002. Similarly, although the target TAC for the SFMA is 39 percent higher than the target TAC in effect for FY 2006, it is 33 percent lower than the average of the target TACs in effect since FY 2002. The appropriateness of these target TACs is further confirmed by a recently completed integrated monkfish stock assessment. *Comment 2:* Twelve of the commenters expressed support for the “Backstop” and “Extension” provisions contained in Framework 4. In addition to expressing general support for these provisions, one commenter noted that the “Backstop” provision should be linked to a clearly defined agency commitment to a dynamic monkfish-specific survey/assessment process. Otherwise, they noted, decisions affecting the monkfish fishery over the long term would not be based on relevant data. *Response:* NMFS acknowledges the commenters' support of these measures and is fully aware of the data needs for this fishery. The Monkfish Research Set-Aside

(RSA)Program is aimed at gathering this much needed information through cooperative research. *Comment 3:* Eleven commenters supported the provision to revise the northern boundary line applicable to limited access monkfish Category H vessels by moving this boundary northward by 20 nautical miles (37 km). *Response:* NMFS acknowledges the need for the boundary line change as conveyed by members of the fishing industry, as outlined in item 8 of the description of approved measures contained in the preamble to this interim final rule. *Comment 4:* Twelve commenters expressed support for the revision to the incidental catch limit applicable to limited access scallop vessels that participate in the Scallop Area Access Program, with one commenter, a representative for the scallop industry, detailing the need for this measure. *Response:* NMFS recognizes the need for this revision, which was triggered by a change in the Sea Scallop FMP (Framework Adjustment 18) that removed the DAS requirements for the Scallop Access Areas. The rationale for this management measure is provided in item 9 of the description of approved measures contained in the preamble to this interim final rule, and is not repeated here. *Comment 5:* Eleven commenters expressed support for the reduction in the incidental catch limit in the NFMA applicable to monkfish vessels (limited and open access) fishing under a NE multispecies DAS. *Response:* NMFS acknowledges the industry's support for this measure being implemented in this interim final rule. The rationale for this measure is provided in item 5 of the description of approved measures contained in the preamble to this interim final rule, and is not repeated here. *Comment 6:* Six commenters expressed support for the management measure requiring vessels that fish in the NFMA to use a monkfish DAS if the vessel intends to harvest monkfish in excess of the incidental catch limit. Five commenters specifically commented on the provision contained within this measure that would allow vessels fishing in the NFMA that start a trip under a NE multispecies Category A DAS to change their DAS declaration to a monkfish DAS through the vessel's VMS unit while at sea, and prior to crossing the VMS demarcation line its return to port. *Response:* NMFS initially expressed concerns over the DAS change provision, since it is unclear how this provision will enable vessels to more efficiently utilize their monkfish DAS, which could lead to an overage in the target TAC. However, these initial concerns are outweighed by the benefit of requiring the use of monkfish DAS in the NFMA, to which this provision is tied in Framework 4. A full discussion of the rationale for this measure is provided in item 2 of the description of approved measures contained in the preamble to this interim final rule. *Comment 7:* Twelve individuals commented on the proposed change to the DAS carryover provision contained in Framework 4. The Councils voted not to change the DAS carryover provision in Framework 4, and 11 of these commenters supported that decision. However, one individual expressed concern over the Councils decision, suggesting that a 10 DAS carryover is too high for a fishery allocated so few DAS. *Response:* NMFS is also concerned by the Council's decision not to revise the DAS carryover provision in Framework 4, although its concerns are somewhat allayed based on the recently completed integrated monkfish stock assessment. In FY 2006, the target TAC for the SFMA was exceeded by over 60 percent, likely due to the use of carryover DAS. NMFS intends to urge the Council to re-address the DAS carryover provision in its next action. *Comment 8:* Eleven individuals supported maintaining the 40 monkfish DAS allocation, but reducing current DAS usage. *Response:* None of the DAS alternatives considered by the Councils in Framework 4 included a provision that would maintain the annual monkfish DAS allocation at 40 DAS but reduce current DAS usage. What was proposed by the Councils, and is being implemented in this interim final rule, is the management measure allocating all limited access monkfish vessels a reduced annual monkfish DAS allocation of 31 DAS, but restricting DAS usage in the SFMA to 23 DAS. Changes From the Proposed Rule NMFS has made eight changes to the proposed rule, all of which are to ensure consistency with and effective implementation of Framework 4 as it relates to management measures in other FMPs. Two of these have been made to incorporate changes to the minimum mesh size requirement applicable to limited access monkfish gillnet vessels fishing in the NFMA that change their DAS declaration from a NE multispecies Category A DAS to a monkfish DAS while at sea, as provided in Framework 4, since these changes were left out of the proposed rule. The third change is a correction to the final rule implementing Joint NE Multispecies Framework 42/Monkfish Framework 3 to update an incorrect cross-reference concerning the NE Multispecies Regular B DAS Program. The fourth change has been made to update the cross-reference to the incidental catch restrictions for limited access monkfish vessels when not fishing under a DAS program to be inclusive of all the applicable incidental catch limit regulations. The fifth change makes a similar revision to the monkfish incidental catch restrictions applicable to general category and limited access scallop vessels to include a reference to limited access monkfish vessels not fishing under a scallop DAS. The sixth change deletes a cross-reference in the monkfish prohibitions that is no longer valid, and the seventh change deletes some duplicate regulatory text under the monkfish effort control regulations. The eighth change adds a sentence concerning a prohibition on the use of NE multispecies B Regular DAS in conjunction with a monkfish DAS to the monkfish effort control regulations that currently exist, but was left out of the proposed revision to § 648.92(b)(2)(i) contained in the proposed rule. These eight changes are specifically identified as follows. In § 648.14, paragraph (y)(21) has been revised to delete the cross-reference to § 648.93(b)(2). In § 648.85, paragraph (b)(6)(iv)(D) has been revised to correct the cross-reference to the monkfish possession limits applicable to limited access monkfish vessels fishing under the NE Multispecies Regular B DAS Program from § 648.94(b)(7) to § 648.94(b)(3). In § 648.91, paragraph (c)(1)(iii) has been revised to include a change to minimum mesh size restrictions applicable to limited access monkfish vessels fishing with gillnet gear in the NFMA that change their DAS declaration from a NE multispecies Category A DAS to a monkfish DAS while at sea. Under the DAS change provision contained in Framework 4, these vessels are subject to the NE multispecies gillnet minimum mesh size associated with the NE multispecies regulated mesh area in which the vessel is fishing, versus the monkfish gillnet minimum mesh size. In § 648.92, paragraph (b)(1)(iii) has been revised to include a reference to the minimum mesh size requirement applicable to limited access monkfish gillnet vessels fishing in the NFMA that change their DAS declaration from a NE multispecies Category A DAS to a monkfish DAS while at sea. As noted above, under the DAS change provision contained in Framework 4, these vessels are subject to the NE multispecies minimum mesh size associated with the NE multispecies regulated mesh area in which the vessel is fishing. In addition, some additional wording was added to clarify that the NE multispecies DAS provisions referenced are those requiring the use of a NE multispecies Category A DAS with a monkfish DAS. In § 648.92, paragraph (b)(2)(i) has been revised to include a sentence concerning the prohibition on the use of a NE multispecies B Regular DAS to satisfy the requirement to use a NE multispecies DAS in conjunction with a monkfish DAS that is applicable to monkfish limited access Category C, D, F, G, or H vessels that also possess a limited access NE multispecies DAS permit. In § 648.92, paragraph (b)(2)(iii) has been removed. In § 648.94, paragraph (b)(6) has been revised to update the cross-reference to the monkfish incidental catch regulations in order to clarify that all limited access monkfish vessels are subject to the same incidental catch restrictions as open access Category E vessels when not fishing under a DAS. In § 648.94, paragraph (c)(8) has been revised to include the following phrase under paragraphs (c)(8)(A) and

(B)“or a valid limited access Category C, D, F, G, or H permit, and also possessing” to clarify that all limited access monkfish vessels possessing scallop permits are subject to the same incidental catch restrictions as open access Category E vessels possessing scallop permits when not fishing under a DAS. Pursuant to the Paperwork Reduction Act (PRA), 15 CFR part 902 lists control numbers assigned to NMFS information collection requirements by OMB. This part fulfills the requirements of section 3506(c)(1)(B)(i) of the PRA, which requires that agencies display a current control number, assigned by the Director of OMB, for each agency information collection requirement. This interim final rule codifies OMB Control Number 0648-0561 for § 648.92. Under NOAA Administrative Order 205-11, dated December 17, 1990, the Under Secretary for Oceans and Atmosphere has delegated authority to sign material for publication in the **Federal Register** to the Assistant Administrator for Fisheries, NOAA. Classification The Administrator, Northeast Region, NMFS, determined that Framework 4 is necessary for the conservation and management of the monkfish fishery and that it is consistent with the Magnuson-Stevens Act and other applicable laws. This interim final rule has been determined to be not significant for purposes of Executive Order 12866. NMFS, pursuant to section 604 of the Regulatory Flexibility Act (RFA), prepared this FRFA in support of the approved measures in Framework 4. The FRFA incorporates the IRFA, a summary of the significant issues raised by the public comments in response to the IRFA, NMFS responses to those comments, and a summary of the analyses completed to support the action. The preamble to the proposed rule included a detailed summary of the analyses contained in the IRFA, and that discussion is not repeated here. A copy of the EA/RIR/IRFA is available from the NEFMC (see ADDRESSES ). Final Regulatory Flexibility Analysis Statement of Objective and Need A description of why this action was considered, the objectives of, and the legal basis for this interim final rule are contained in the preambles to the proposed rule and this interim final rule and are not repeated here. Summary of Significant Issues Raised in Public Comments Twenty-four public comments were submitted on the proposed rule. However, none of these comments were specific to the IRFA or the economic effects of the rule. NMFS has responded to these comments in the Comments and Responses section of the preamble to this interim final rule. No changes were made to this interim final rule as a result of the comments received. Description and Estimate of Number of Small Entities to Which the Rule will Apply The Small Business Administration

(SBA)defines small businesses in the commercial fishing sector as firms with receipts (gross revenues) of up to $4.0 million. All of the entities (fishing vessels) affected by this action are considered small entities under the SBA size standards for small fishing businesses. Therefore, there is no disproportionate impact on small entities compared to large entities. As of August 16, 2007, there were 724 limited access monkfish permit holders and 1,981 vessels holding an open access Category E monkfish permit. This action would affect all active limited access vessels, and any open access monkfish vessels that land monkfish from the NFMA. Vessel activity reports for FY 2005 indicate that 627 limited access monkfish permit holders participated in the monkfish fishery. Of these vessels, 150 fished exclusively in the NFMA and 226 fished exclusively in the SFMA, with the remaining 251 fishing in both management areas. During the same time period, vessel activity reports indicate that 570 incidental permit holders reported landing monkfish. Of these vessels, 163 landed monkfish only from the NFMA, 344 landed monkfish only from the SFMA, and 63 landed monkfish from both management areas. Based upon this information, the management measures contained in Framework 4 will affect at least the 627 limited access monkfish vessels that fished for monkfish and the 226 incidental permit holders landing monkfish from the NFMA during FY 2005. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements The only approved Framework 4 measure that requires either new or revised reporting and recordkeeping requirements is the provision that enables limited access monkfish vessels that are fishing in the NFMA, that also possess a limited access NE multispecies DAS permit, to change their DAS declaration through the vessel's VMS unit from a Category A NE multispecies DAS to a monkfish DAS while at sea and prior to crossing the VMS demarcation line on the vessel's return to port. Additional information regarding the projected reporting or recordkeeping costs associated with this action was made available for review in NMFS's PRA submission to OMB on March 20, 2007. There are no other compliance requirements associated with this interim final rule implementing Framework 4. Description of the Steps Taken to Minimize Economic Impact on Small Entities The management measures contained in Framework 4 represent a reduction in fishing opportunities for vessels fishing in the NFMA, in comparison to previous fishing years, resulting from implementation of the requirement that vessels fishing in the NFMA use monkfish DAS if they exceed, or intend to exceed, the incidental catch limit; a reduction in the total annual DAS allocations for limited access monkfish vessels; and establishment of trip limits for vessels fishing under a monkfish DAS in this management area. To minimize the impacts of these management measures on vessels fishing in the NFMA, the Councils included a provision in Framework 4 that allows limited access monkfish vessels that fish in the NFMA, if equipped with a VMS unit, to change the DAS declaration from a NE multispecies Category A DAS to a monkfish DAS while at sea, but prior to crossing the VMS demarcation line on the return to port. This provision provides these vessels with the flexibility of declaring a monkfish DAS during the course of a trip versus wasting a monkfish DAS if the vessel is unable to harvest monkfish in excess of the incidental catch limit. In addition, this provision promotes safety and prevents discards because it enables a vessel that exceeds the incidental catch limit to change its DAS declaration to a monkfish DAS versus discarding the extra monkfish or staying at sea long enough to cover the overage, as the incidental catch limit is based on pounds per NE multispecies DAS. In addition, the Framework 4 management measure requiring vessels to declare a monkfish DAS in the NFMA if they exceed the incidental catch limit also includes a provision that enables gillnet vessels to fish with a smaller minimum mesh size, the NE multispecies minimum mesh size applicable to the regulated mesh area in which the vessel is fishing, if that vessel changes its DAS declaration from a NE multispecies Category A DAS to a monkfish DAS while at sea. This provision enables gillnet vessels to fish with both their monkfish gillnet gear and their NE multispecies gear on the same trip, which they are currently prohibited from doing under the existing interim rule, which did not temporarily implement this DAS declaration change provision contained in Framework 4. This provision is important because it enables monkfish gillnet vessels that fish in the NFMA to operate in the same manner as they have historically, thereby minimizing the economic impacts associated with the reducing fishing opportunities resulting from the NFMA management measures contained in Framework 4. The reduction in the incidental catch limit applicable to limited access and open access monkfish vessels fishing under only a NE multispecies DAS in the NFMA contained in Framework 4 is expected to have a minimal impact on monkfish vessels that fish in the NFMA because the majority of these vessels currently land fewer than the reduced incidental limit of 300 lb (136 kg) tail weight per NE multispecies DAS. In FY 2005, 78.2 percent of all trips by monkfish vessels fishing in the NFMA landed less than the revised 300-lb (136-kg) tail weight limit, while 82.4 percent of these trips landed less than the previous 400-lb (181-kg) tail weight limit. However, monkfish limited access Category A and C vessels had a larger percentage of trips in excess of the previous and revised incidental catch limits. During FY 2005, only 13.2 percent of trips by monkfish limited access Category A vessels were less than 400 lb (181 kg) tail weight and 5.3 percent of trips were less than 300 lb (136 kg) tail weight. For limited access Category C vessels, 48.8 percent of the FY 2005 trips were less than 400 lb (181 kg) tail weight and 42.2 percent of the trips were less than 300 lb (136 kg) tail weight. However, under Framework 4, these vessels will have monkfish DAS that they can utilize in the NFMA to land monkfish in excess of the revised incidental catch limit, minimizing the economic impact of this measure. The target TAC overage backstop provision will either reduce the DAS allocation or close the fishery in a management area if the target TAC for that management area is exceeded by more the 10 percent during FY 2007. The Councils understood that, given the inability to precisely predict future fishing behavior, measures should be put in place in case the target TACs are exceeded. Although this provision could lead to the closure of the fishery in FY 2009, the provision extending measures beyond FY 2009, contained in Framework 4, would reopen the fishery in FY 2010, and reinstate the management measures in effect during FY 2008. Therefore, the potential negative economic impacts associated with the target TAC overage provision are minimized by the provision to extend fishery management measures beyond FY 2009. The remaining management measures being implemented through this interim final rule are less restrictive than those previously in effect, thereby minimizing the economic impacts of this action on small entities. These less restrictive measures include an increase in the monkfish DAS available for use in the SFMA (from 12 DAS to 23 DAS); a revision to the northern boundary line applicable to limited access Category H monkfish vessels that expands the area in which these vessels can operate by 20 nautical miles (37 km); and a revision to the incidental catch limit applicable to limited access scallop vessels that are participating in the Scallop Area Access Program that increases the amount of monkfish these vessels can land, which is roughly equivalent to the amount implemented in the original FMP. Small Entity Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as “small entity compliance guides.” The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, a small entity compliance guide will be sent to all holders of Federal permits issued for the monkfish fishery. In addition, copies of this interim final rule and guide (i.e., permit holder letter) are available from NMFS (see ADDRESSES ) and at the following website: *http://www.nero.noaa.gov/nero/nr/index.html* . This interim final rule contains one new collection-of-information requirement subject to the PRA and which has been approved by OMB under control number 0648-0561. Public reporting burden for the DAS declaration change provision for limited access monkfish vessels fishing in the NFMA is estimated to average 5 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSES ) and by e-mail to *David_Rostker@omb.eop.gov* , or fax to 202-395-7285. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. List of Subjects *15 CFR Part 902* Reporting and recordkeeping requirements. *50 CFR Part 648* Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: September 14, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR part 648 are amended as follows: PART 902—NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS 1. The authority citation for part 902 continues to read as follows: Authority: 44 U.S.C. 3501 *et seq.* 2. In § 902.1, the table in paragraph

(b)under “50 CFR” is amended by adding a new entry to read as follows: § 902.1 OMB control numbers assigned pursuant to the Paperwork Reduction Act.

(b)*Display.* CFR part or section where the information collection requirement is located Current OMB control number (all numbers begin with 0648-) * * * * * *50 CFR* * * * * * 648.92 -0561 * * * * * PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 3. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 4. In § 648.4, paragraphs (a)(9)(i)(A)( *6* ) and ( *7* ) headings are revised to read as follows: § 648.4 Vessel permits.

(a)* * *

(9)* * *

(i)* * *

(A)* * * *(6) Category G permit (vessels restricted to fishing south of 38°40′ N. lat. As described in § 648.92(b) that do not qualify for a monkfish limited access Category A, B, C, or D permit).* * * * *(7) Category H permit (vessels restricted to fishing south of 38°40′ N. lat. As described in § 648.92(b) that do not qualify for a monkfish limited access Category A, B, C, D, or G permit).* * * * 5. In § 648.14, paragraph (y)(21) is revised to read as follows: § 648.14 Prohibitions.

(y)* * *

(21)Fail to comply with the area declaration requirements specified at § 648.94(f) when fishing under a scallop, NE multispecies, or monkfish DAS exclusively in the NFMA under the less restrictive measures of that area. 6. In § 648.85, paragraph (b)(6)(iv)(D) is revised to read as follows: § 648.85 Special management programs.

(b)* * *

(6)* * *

(iv)* * *

(D)*Landing limits* . Unless otherwise specified in this paragraph (b)(6)(iv)(D), a NE multispecies vessel fishing in the Regular B DAS Program described in this paragraph (b)(6), and fishing under a Regular B DAS, may not land more than 100 lb (45.5 kg) per DAS, or any part of a DAS, up to a maximum of 1,000 lb (454 kg) per trip, of any of the following species/stocks: Cod, American plaice, white hake, witch flounder, SNE/MA winter flounder, GB winter flounder, GB yellowtail flounder, southern windowpane flounder, and ocean pout; and may not land more than 25 lb (11.3 kg) per DAS, or any part of a DAS, up to a maximum of 250 lb (113 kg) per trip of CC/GOM or SNE/MA yellowtail flounder. In addition, trawl vessels, which are required to fish with a haddock separator trawl as specified under paragraph (b)(6)(iv)(J) of this section, and other gear that may be required in order to reduce catches of stocks of concern as described under paragraph (b)(6)(iv)(J) of this section, are restricted to the following trip limits: 500 lb (227 kg) of all flatfish species (American plaice, witch flounder, winter flounder, windowpane flounder, and GB yellowtail flounder), combined; 500 lb (227 kg) of monkfish (whole weight); 500 lb (227 kg) of skates (whole weight); and zero possession of lobsters, unless otherwise restricted by § 648.94(b)(3). 7. In § 648.91, paragraph (c)(1)(iii) is revised to read as follows: § 648.91 Monkfish regulated mesh areas and restrictions on gear and methods of fishing.

(c)* * *

(1)* * *

(iii)*Gillnets while on a monkfish DAS* . The minimum mesh size for any gillnets used by a vessel fishing under a monkfish DAS is 10-inch (25.4-cm) diamond mesh, unless otherwise provided for under § 648.92(b)(1)(iii)(B). 8. In § 648.92, paragraph (b)(2)(iii) is removed, and paragraphs (b)(1), (b)(2)(i), (b)(2)(ii)(B), and (b)(9)(i) are revised to read as follows: § 648.92 Effort-control program for monkfish limited access vessels.

(b)* * *

(1)*Limited access monkfish permit holders* —(i) *General provision* . Limited access monkfish permit holders shall be allocated 31 monkfish DAS each fishing year to be used in accordance with the restrictions of this paragraph (b), unless otherwise restricted by paragraph (b)(1)(ii) of this section or modified by § 648.96(b)(3), or unless the vessel is enrolled in the Offshore Fishery Program in the SFMA, as specified in paragraph (b)(1)(iv) of this section. The annual allocation of monkfish DAS shall be reduced by the amount calculated in paragraph (b)(1)(v) of this section for the research DAS set-aside. Limited access NE multispecies and limited access sea scallop permit holders who also possess a limited access monkfish permit must use a NE multispecies or sea scallop DAS concurrently with each monkfish DAS utilized, except as provided in paragraph (b)(2) of this section, unless otherwise specified under this subpart F.

(ii)*DAS restrictions for vessels fishing in the SFMA* . Limited access monkfish vessels may only use 23 of their 31 monkfish DAS allocation in the SFMA. All limited access monkfish vessels fishing in the SFMA must declare that they are fishing in this area through the vessel call-in system or VMS prior to the start of every trip. In addition, if a vessel does not possess a valid letter of authorization from the Regional Administrator to fish in the NFMA as described in § 648.94(f), NMFS shall presume that any monkfish DAS used were fished in the SFMA.

(iii)*DAS declaration provision for vessels fishing in the NFMA with a VMS unit* . Any limited access NE multispecies vessel fishing under a NE multispecies Category A DAS in the NFMA, and issued an LOA as specified in § 648.94(f), may change its DAS declaration to a monkfish DAS through the vessel's VMS unit during the course of the trip, but prior to crossing the VMS demarcation line upon its return to port or leaving the NFMA, if the vessel exceeds the incidental catch limit specified under § 648.94(c).

(A)Vessels that change their DAS declaration from a NE multispecies Category A DAS to a monkfish DAS during the course of a trip remain subject to the NE multispecies DAS usage requirements (i.e., use a NE multispecies Category A DAS in conjunction with the monkfish DAS) described in paragraph (b)(2)(i) of this section.

(B)Gillnet vessels that change their DAS declaration in accordance with this paragraph (b)(1)(iii) are not subject to the gillnet minimum mesh size restrictions found at § 648.91(c)(1)(iii), but are subject to the smaller NE multispecies minimum mesh requirements for gillnet vessels found under § 648.80 based upon the NE Multispecies Regulated Mesh Area in which the vessel is fishing.

(iv)*Offshore Fishery Program DAS allocation* . A vessel issued a Category F permit, as described in § 648.95, shall be allocated a prorated number of monkfish DAS as specified in § 648.95(g)(2).

(v)*Research DAS set-aside* . A total of 500 DAS shall be set aside and made available for cooperative research programs as described in paragraph

(c)of this section. These DAS shall be deducted from the total number of DAS allocated to all monkfish limited access permit holders, as specified under paragraph (b)(1)(i) of this section. A per vessel deduction shall be determined as follows: Allocated DAS minus the quotient of 500 DAS divided by the total number of limited access permits issued in the previous fishing year. For example, if the DAS allocation equals 31 DAS and there were 750 limited access monkfish permits issued during FY 2006, the number of DAS allocated to each vessel during FY 2007 would be 31 DAS minus 0.7 (500 DAS divided by 750 permits), or 30.3 DAS.

(2)* * *

(i)Unless otherwise specified in paragraph (b)(2)(ii) of this section, each monkfish DAS used by a limited access NE multispecies or scallop DAS vessel holding a Category C, D, F, G, or H limited access monkfish permit shall also be counted as a NE multispecies or scallop DAS, as applicable, except when a Category C, D, F, G, or H vessel with a limited access NE multispecies DAS permit has an allocation of NE multispecies Category A DAS, specified under § 648.82(d)(1), that is less than the number of monkfish DAS allocated for the fishing year May 1 through April 30. Under this circumstance, the vessel may fish under the monkfish limited access Category A or B provisions, as applicable, for the number of DAS that equal the difference between the number of its allocated monkfish DAS and the number of its allocated NE multispecies Category A DAS. For such vessels, when the total allocation of NE multispecies Category A DAS has been used, a monkfish DAS may be used without concurrent use of a NE multispecies DAS, provided that the vessel fishes under the regulations pertaining to a Category B vessel and does not retain any regulated NE multispecies. For example, if a monkfish Category D vessel's NE multispecies Category A DAS allocation is 20, and the vessel fished 20 of its 31 monkfish DAS, 20 NE multispecies Category A DAS would also be used. However, after all 20 NE multispecies Category A DAS are used, the vessel may utilize its remaining 11 monkfish DAS to fish for monkfish, without a NE multispecies DAS being used. A vessel holding a Category C, D, F, G, or H limited access monkfish permit may not use a NE multispecies Category B Regular DAS under the NE Multispecies Regular B DAS Program, as specified under § 648.85(b)(6), in order to satisfy the requirement of this paragraph (b)(2)(i) to use a NE multispecies DAS concurrently with a monkfish DAS.

(ii)* * *

(A)* * *

(B)A monkfish Category C, D, F, G, or H vessel that leases DAS to another vessel(s), pursuant to § 648.82(k), must forfeit a monkfish DAS for each NE multispecies DAS that the vessel leases, equal in number to the difference between the number of remaining NE multispecies DAS and the number of unused monkfish DAS at the time of the lease. For example, if a lessor vessel, which had 31 unused monkfish DAS and 35 allocated NE multispecies DAS, leased 10 of its NE multispecies DAS to another vessel, the lessor would forfeit 6 of its monkfish DAS (10 - (35 NE multispecies DAS - 31 monkfish DAS) = 6).

(9)* * *

(i)Vessels issued monkfish limited access Category G or H permits may only fish under a monkfish DAS in the area south of 38°40′ N. lat. 9. In § 648.94, paragraphs (b)(1), (b)(2)(i), (b)(2)(ii), (b)(3)(i), (b)(3)(ii), (b)(6), (c)(1)(i), and (c)(8) are revised to read as follows: § 648.94 Monkfish possession and landing restrictions.

(b)* * *

(1)*Vessels fishing under the monkfish DAS program in the NFMA* —(i) *Category A and C vessels* . Limited access monkfish Category A and C vessels that fish under a monkfish DAS exclusively in the NFMA may land up to 1,250 lb (567 kg) tail weight or 4,150 lb (1,882 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight based on the conversion factor for tail weight to whole weight of 3.32).

(ii)*Category B and D vessels* . Limited access monkfish Category B and D vessels that fish under a monkfish DAS exclusively in the NFMA may land up to 470 lb (213 kg) tail weight or 1,560 lb (708 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight based on the conversion factor for tail weight to whole weight of 3.32).

(2)*Vessels fishing under the monkfish DAS program in the SFMA* —(i) *Category A, C, and G vessels* . Limited access monkfish Category A, C, and G vessels that fish under a monkfish DAS in the SFMA may land up to 550 lb (249 kg) tail weight or 1,826 lb (828 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight based on the conversion factor for tail weight to whole weight of 3.32).

(ii)*Category B, D, and H vessels* . Limited access monkfish Category B, D, and H vessels that fish under a monkfish DAS in the SFMA may land up to 450 lb (204 kg) tail weight or 1,494 lb (678 kg) whole weight of monkfish per DAS (or any prorated combination of tail weight and whole weight based on the conversion factor for tail weight to whole weight of 3.32).

(3)* * *

(i)*NFMA* . Limited access monkfish Category C, D, F, G, or H vessels that are fishing under a NE multispecies DAS, and not a monkfish DAS, exclusively in the NFMA are subject to the incidental catch limit specified in paragraph (c)(1)(i) of this section. Category C, D, F, G, and H vessels participating in the NE Multispecies Regular B DAS program, as specified under § 648.85(b)(6), are also subject to the incidental catch limit specified in paragraph (c)(1)(i) of this section.

(ii)*SFMA* —(A) *Category C, D, and F vessels* . Limited access monkfish Category C, D, or F vessels that fish any portion of a trip under a NE multispecies DAS in the SFMA, and not a monkfish DAS, may land up to 300 lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per DAS if trawl gear is used exclusively during the trip, or 50 lb (23 kg) tail weight or 166 lb (75 kg ) whole weight per DAS if gear other than trawl gear is used at any time during the trip. Category C, D, and F vessels participating in the NE Multispecies Regular B DAS program, as specified under § 648.85(b)(6), are also subject to the incidental catch limit specified in paragraph (c)(1)(ii) of this section.

(B)*Category G and H vessels* . Limited access monkfish Category G and H vessels that fish any portion of a trip under a NE multispecies DAS in the SFMA, and not under a monkfish DAS, are subject to the incidental catch limit specified in paragraph (c)(1)(ii) of this section. Category G and H vessels participating in the NE Multispecies Regular B DAS program, as specified under § 648.85(b)(6), are also subject to the incidental catch limit specified in paragraph (c)(1)(ii) of this section.

(6)*Vessels not fishing under a NE multispecies, scallop, or monkfish DAS* . The possession limits for all limited access monkfish vessels when not fishing under a NE multispecies, scallop, or monkfish DAS are the same as those possession limits applicable to a vessel issued a monkfish incidental catch permit specified under paragraphs (c)(3) through (c)(8) of this section.

(c)* * *

(1)* * *

(i)*NFMA* . Vessels issued a valid monkfish incidental catch (Category E) permit or a valid limited access Category C, D, F, G, or H permit, fishing under a NE multispecies DAS exclusively in the NFMA may land up to 300 lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per DAS, or 25 percent (where the weight of all monkfish is converted to tail weight) of the total weight of fish on board, whichever is less. For the purpose of converting whole weight to tail weight, the amount of whole weight possessed or landed is divided by 3.32.

(8)*Scallop vessels not fishing under a scallop DAS with dredge gear* —(i) *General provisions* . A vessel issued a valid monkfish incidental catch (Category E) permit or a valid limited access Category C, D, F, G, or H permit, and also possessing a valid General Category sea scallop permit or a limited access sea scallop vessel not fishing under a scallop DAS, while fishing exclusively with scallop dredge gear as specified in § 648.51(b), may possess, retain, and land up to 50 lb (23 kg) tail weight or 166 lb (75 kg) whole weight of monkfish per day or partial day, not to exceed 150 lb (68 kg) tail weight or 498 lb (226 kg) whole weight per trip, unless otherwise specified in paragraph (c)(8)(ii) of this section.

(ii)*Limited access scallop vessels fishing in Sea Scallop Access Areas* . A vessel issued a valid monkfish incidental catch (Category E) permit or a valid limited access Category C, D, F, G, or H permit, and also possessing a limited access sea scallop permit while fishing exclusively with scallop dredge gear as specified in § 648.51(b), and fishing in one of the established Sea Scallop Access Areas specified under § 648.59, may possess, retain, and land up to 300 lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per day or partial day fished within the boundaries of the Sea Scallop Access Area. Time within the applicable access area, for purposes of determining the incidental catch limit, will be determined through the vessel's VMS unit. 10. In § 648.96, the section heading is revised, paragraphs

(a)heading, and (b)(1) through (b)(4) are revised, and paragraphs (b)(5) and (b)(6) are added to read as follows: § 648.96 Monkfish annual target TACs and framework specifications.

(a)*Annual review.* * * *

(b)* * *

(1)*Annual Target TACs for FY 2007 through FY 2009* —(i) *NFMA* . The annual target TAC for the NFMA is 5,000 mt for FY 2007 through FY 2009, unless otherwise recommended by the MFMC through its annual review procedure specified in paragraph

(a)of this section, and adopted through the procedures outlined in paragraph (b)(4) of this section.

(ii)*SFMA* . The annual target TAC for the SFMA is 5,100 mt for FY 2007 through FY 2009, unless otherwise recommended by the MFMC through its annual review procedure specified in paragraph

(a)of this section, and adopted through the procedures outlined in paragraph (b)(4) of this section.

(2)*Annual Target TACS for FY 2010 and beyond.* If a regulatory action is not implemented to establish target TACs for the monkfish fishery for FY 2010 or subsequent years, either through the annual review procedure described in paragraph

(a)of this section or another type of regulatory action, the target TACs in effect during FY 2007 - FY 2009 will remain in effect until new measures are implemented. The management measures for FY 2010 or subsequent years that would be associated with these target TACs are described in paragraph (b)(6) of this section.

(3)*Setting DAS allocations* —(i) The process of determining the appropriate DAS allocations for each management area involves first estimating incidental landings for each management area and then estimating the proportional catch for permit categories A and C, and permit categories B, D, and H based upon vessel trip reports for the most recently completed fishing year for which a complete set of landings data exists. The landings proportions generated for each permit category group (A and C versus B, D, and H) are then used to estimate the landings that would be associated with each permit category group under a given target TAC, less projected incidental landings. For example, a target TAC of 5,100 mt equates to 11,243,580 lb (5,100,000 kg). If incidental landings for the SFMA are projected to be 2,070,000 lb (938,936 kg) the total amount of the target TAC available to limited access vessels would be 9,173,580 lb (4,161,066 kg). If the proportion of landings for permit category A and C vessels is 37 percent, and the proportion for permit category B, C, and H vessels is 63 percent, then the landing levels associated with each permit category group under this target TAC would be 3,394,225 lb (1,539,595 kg) and 5,779,355 lb (2,621,471 kg), respectively.

(ii)Landings are assumed to be fixed at a constant rate per day for each vessel, equivalent to the average daily landings of each vessel in the reference year, of the last applicable full year of landings data (a year is applicable if the TAC in that year was lower than the TAC in the year to be calculated).

(iii)To adjust for the ability of vessels to carryover up to 10 unused monkfish DAS from the previous fishing year to the current fishing year, adjustments to DAS usage shall be made by first reducing the landings for all permit holders who have used more than the annual DAS allocation specified in § 648.94(b)(1)(i) (e.g., 31 monkfish DAS) by the proportion of DAS exceeding that annual DAS allocation, and then resetting the upper limit of DAS usage at the annual DAS allocation.

(iv)Linear interpolation is then used to determine which DAS level would closest achieve the estimated landing levels for each permit category group under a given target TAC.

(4)*Council TAC Recommendations* . The Councils shall consider any target TAC(s) recommended by the MFMC as part of its annual review specified in paragraph

(a)of this section, and then forward their target TAC recommendation to the Regional Administrator. If the Councils recommend target TAC(s) to the Regional Administrator, and the Regional Administrator concurs with this recommendation, the Regional Administrator shall promulgate the target TAC(s) and associated management measures through rulemaking consistent with the APA. If the Regional Administrator does not concur with the Councils' recommendation, then the Councils shall be notified in writing of the reasons for the non-concurrence.

(5)*Target TAC Overages* —(i) If monkfish landings exceed the annual target TAC for either management area by more than 10 percent but less than or equal to 30 percent during FY 2007, the Regional Administrator shall adjust the annual monkfish DAS allocation for the management area in which the overage occurred, through rulemaking consistent with the APA, for FY 2009 using catch and effort information for FY 2007 according to the procedures outlined in paragraph (b)(3) of this section.

(ii)If monkfish landings exceed the annual target TAC for either management area by more than 30 percent during FY 2007, the Regional Administrator shall reduce the annual monkfish DAS allocation to zero for FY 2009 for the management area in which the overage occurred, through rulemaking consistent with the APA.

(6)*Management measures for FY 2010 and beyond* . If a regulatory action is not implemented to establish management measures for the monkfish fishery for FY 2010 or subsequent years, either through the annual review process or another type of regulatory action, the management measures in effect during FY 2009 (i.e., trip limits and DAS allocations) will remain in effect until new measures are implemented, with the following exception. If the monkfish DAS allocation is reduced to zero in either management area during FY 2009 as a result of the target TAC overage provision described in paragraph (b)(3) of this section, the annual DAS allocation and associated trip limits for that management area for FY 2010 and beyond will be equivalent to the annual monkfish DAS allocation and trip limits in effect during FY 2008, unless otherwise recommended by the MFMC through its annual review procedure specified in paragraph

(a)of this section, or superceded by a subsequent regulatory action. [FR Doc. 07-4667 Filed 9-17-07; 3:23 pm]

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