Unknown. Final rule
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/register/2007/10/24/07-55521A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2007-10-24.xml --- 72 205 Wednesday, October 24, 2007 Contents Agricultural Agricultural Research Service NOTICES Committees; establishment, renewal, termination, etc.: Biotechnology and 21st Century Agriculture Advisory Committee, 60310-60311 E7-20912 Meetings: Biotechnology and 21st Century Agriculture Advisory Committee, 60311-60312 E7-20914 Agriculture Agriculture Department See Agricultural Research Service See Farm Service Agency See Food and Nutrition Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 60310 E7-20954 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department NOTICES Senior Executive Service Performance Review Board; membership, 60322 07-5248 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 60322-60325 E7-20933 E7-20956 E7-20958 E7-20959 E7-20960 Grants and cooperative agreements; availability, etc.:
Elementary and secondary education— Native American and Alaska Native Children in School Program, 60325-60330 E7-20957 Employee Employee Benefits Security Administration RULES Employee Retirement Income Security Act: Participant directed individual account plans; default investment alternatives, 60452-60480 07-5147 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60392 E7-20856 Energy Energy Department See Federal Energy Regulatory Commission See Southeastern Power Administration NOTICES Meetings:
Climate Change Science Program Product Development Advisory Committee, 60330 E7-20916 EPA Environmental Protection Agency RULES Air programs: Outer Continental Shelf regulations— California; CFR correction, 60251 07-55521 Pesticide programs: Antimicrobial pesticides; registration data requirements; technical amendments, 60251-60255 E7-20836 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Bifenthrin, 60261-60266 E7-20753 Fenamidone, 60266-60272 E7-20670 Fluazinam, 60255-60261 E7-20581 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:
Pennsylvania, 60296-60307 E7-20942 NOTICES Agency information collection activities; proposals, submissions, and approvals, 60357-60361 E7-20934 E7-20937 E7-20938 Meetings: Human Studies Review Board; teleconference, 60361-60362 E7-20953 Pesticide, food, and feed additive petitions: Dow AgroSciences LLC et al., 60367-60368 E7-20967 Interregional Research Project (No. 4), 60369-60371 E7-20599 Pesticide registration, cancellation, etc.: Dichlorprop-p, 60362-60363 E7-20818 Mecoprop-p, 60363-60364 E7-20824 Methomyl, 60364-60365 E7-20825 Plasma Power of India et al., 60365-60367 E7-20965 Pesticides; experimental use permits, etc.:
E.I. du Pont de Nemours & Co., 60371-60372 E7-20598 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Service Agency NOTICES Environmental statements; notice of intent: Emergency Conservation Program, 60312 E7-20961 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Committees; establishment, renewal, termination, etc.: Agency charter renewal, 60372 07-5251 FAA Federal Aviation Administration RULES Airworthiness directives:
Airbus, 60236-60243 E7-20815 E7-20817 E7-20820 Boeing, 60244-60247 E7-20816 British Aerospace Regional Aircraft, 60228-60231 E7-20364 Fokker, 60231-60233 E7-20814 General Electric Co., 60227-60228 E7-20813 McDonnell Douglas, 60233-60236 E7-20464 Class E airspace, 60247 E7-20796 PROPOSED RULES Airworthiness directives: Cessna Aircraft Co., 60291-60293 E7-20862 Rolls-Royce, plc, 60293-60295 E7-20923 FCC Federal Communications Commission RULES Common carrier services: Broadcasting-satellite service; policies and service rules; establishment, 60272-60280 E7-20971 NOTICES Agency information collection activities; proposals, submissions, and approvals, 60372-60373 E7-20936 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 60330-60332 E7-20883 E7-20884 Electric rate and corporate regulation combined filings, E7-20850 60338-60341 E7-20902 E7-20903 Environmental statements; notice of intent:
Algonquin Gas Transmission, LLC, 60341-60345 E7-20874 PetroLogistics Natural Gas Storage, LLC, 60345-60347 E7-20897 Hydroelectric applications, 60347-60355 E7-20873 E7-20887 E7-20894 E7-20896 Meetings: Sacramento Municipal Utility District et al., 60356 E7-20878 Southwest Power Pool Board of Directors/Members Committee et al., 60356 E7-20872 *Applications, hearings, determinations, etc.:* Chien Energy, LLC, 60332 E7-20891 Dominion Transmission, Inc., 60332 E7-20881 Enogex Inc., 60332-60333 E7-20882 Entergy Services, Inc., 60333 E7-20871 Exelon Corp., 60333 E7-20889 Iroquois Gas Transmission System, L.P., 60334 E7-20877 Logan Wind Energy LLC, 60334-60335 E7-20890 North Texas Wind Center, LLC, E7-20870 60335-60336 E7-20875 E7-20876 Reliant Energy Solutions Northeast, LLC, 60336-60337 E7-20892 Transcontinental Gas Pipe Line Corp., 60337 E7-20888 Tres Palacios Gas Storage LLC, 60337 E7-20880 Trunkline Gas Co., LLC, 60337-60338 E7-20879 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 60373-60374 E7-20949 Ocean transportation intermediary licenses:
Quickship Caribbean Services et al., 60374 E7-20946 Federal Reserve Federal Reserve System NOTICES Meetings; Sunshine Act, 60374 07-5271 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 60374-60376 07-5244 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Yadon's piperia, 60410-60450 07-5136 Food Food and Drug Administration NOTICES Meetings: Nonprescription Drugs Advisory Committee, 60377-60378 07-5249 Food Food and Nutrition Service NOTICES Food distribution programs:
Emergency Food Assistance Program; allocation formula, 60312-60314 E7-20963 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 60314-60315 E7-20868 Meetings: Forestry Research Advisory Council, 60315 E7-20867 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Federal claims; interest rates on overdue debts, 60376 07-5233 Meetings:
American Health Information Community, 60376 07-5232 Genetics, Health, and Society, Secretary's Advisory Committee, 60376-60377 07-5239 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-20939 60378-60380 E7-20940 E7-20945 Homeland Homeland Security Department See Transportation Security Administration Industry Industry and Security Bureau RULES Export administration regulations: Authorization Validated End-User; list of approved end-users, eligible items and destinations— China; correction, 60408 Z7-20642 Burma; export and reexport license requirements, 60248-60250 E7-20962 NOTICES National Defense Stockpile:
Stockpile disposal levels; potential market impact (2009 FY), 60315-60316 E7-20860 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See National Park Service IRS Internal Revenue Service RULES Income taxes: Qualified zone academy bonds; obligations of States and political subdivisions Correction, 60250-60251 E7-20859 NOTICES Agency information collection activities; proposals, submissions, and approvals, 60402-60405 E7-20851 E7-20852 E7-20853 E7-20857 International International Trade Administration NOTICES Committees; establishment, renewal, termination, etc.:
U.S. Travel and Tourism Advisory Board; charter renewal, 60316-60317 E7-20915 International International Trade Commission NOTICES Import investigations: Electrolytic manganese dioxide from— Australia and China, 60388-60389 E7-20908 Folding metal tables and chairs from— China, 60389 E7-20904 Justice Justice Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 60389-60391 E7-20864 E7-20865 Pollution control; consent judgments: BK IV AS, LLC, 60391 07-5258 E.
I. du Pont de Nemours and Co., et al., 60391 07-5256 Exxon Mobil Corp., et al., 60391-60392 07-5257 Labor Labor Department See Employee Benefits Security Administration See Employment Standards Administration Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Wyoming, 60385-60386 E7-20771 Meetings: Grand Staircase-Escalante National Monument Advisory Committee, 60386-60387 E7-20922 Resource Advisory Councils— Idaho Falls District, 60387 E7-20807 Utah, 60387 E7-20906 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60392-60393 E7-20925 Nixon Presidential historical materials; opening of materials, 60393-60394 E7-20968 National Indian National Indian Gaming Commission PROPOSED RULES Classification standards:
Class II gaming; bingo, lotto, etc., played through electronic medium, 60483-60495 E7-20776 Indian Gaming Regulatory Act: Electronic, computer, or other technologic aids used in playing Class II games; technical standards, 60508-60523 E7-20789 Electronic or electromechanical facsimile; definition, 60482-60483 E7-20781 Management contract provisions: Class II gaming; minimum internal control standards, 60495-60508 E7-20778 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 60380-60381 E7-20910 Inventions, Government-owned; availability for licensing, 60381-60382 E7-20909 Meetings:
Genetics, Health, and Society, Secretary's Advisory Committee, 60382 07-5240 National Cancer Institute, 60382-60383 07-5236 07-5237 07-5242 National Institute of Allergy and Infectious Diseases, 60384 07-5234 07-5235 National Institute of Diabetes and Digestive and Kidney Diseases, 60384 07-5238 Scientific Review Center, 60384-60385 07-5241 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod; correction, 60283-60284 E7-20929 Northeastern United States fisheries— Northeast multispecies, 60282-60283 07-5246 Marine mammals:
Commercial fishing authorizations— Atlantic Large Whale Take Reduction Plan, 60280-60282 07-5247 NOTICES Committees; establishment, renewal, termination, etc.: Pacific Whiting Advisory Panel, 60317 E7-20931 Grants and cooperative agreements; availability, etc.: Alaska and Related Arctic Regions Environmental Research and Earth System Modeling for Climate Applications, 60317-60321 E7-20973 Meetings: Science Advisory Board, 60321-60322 E7-20866 National Park National Park Service NOTICES Meetings:
Flight 93 National Memorial Advisory Commission, 60388 07-5253 Route 66 Corridor Preservation Program Advisory Council, 60388 E7-20955 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: Nevada, 60288-60290 E7-20919 Stein, William III, M.D., 60285-60288 E7-20918 NOTICES Senior Executive Service Performance Review Board; membership, 60394-60395 E7-20917 *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 60394 E7-20952 South Texas Project Nuclear Operating Co., 60394 E7-20861 Office of U.S.
Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Character Counts Week (Proc. 8192), 60525-60528 07-5297 National Forest Products Week (Proc. 8193), 60529-60530 07-5298 EXECUTIVE ORDERS Striped bass and red drum fish populations; conservation and protection efforts (EO 13449), 60531-60532 07-5299 Presidio Presidio Trust NOTICES Meetings, 60398 E7-20920 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:
Financial Industry Regulatory Authority, Inc., 60398-60400 E7-20899 International Securities Exchange, LLC, 60400-60402 E7-20898 SBA Small Business Administration NOTICES Disaster loan areas: Florida, 60402 E7-20943 Southeastern Southeastern Power Administration NOTICES Power rates: Cumberland System of Projects, 60356-60357 E7-20950 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 60405-60406 E7-20941 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences:
Competitive need limitations; 2007 CY import statistics; waivers, 60395-60396 E7-20964 Transportation Transportation Department See Federal Aviation Administration Transportation Transportation Security Administration PROPOSED RULES Civil aviation security: Secure Flight program, 60307-60309 07-5254 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-20905 60406-60407 E7-20924 Meetings:
Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 60407 07-5229 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 60410-60450 07-5136 Part III Labor Department, Employee Benefits Security Administration, 60452-60480 07-5147 Part IV Interior Department, National Indian Gaming Commission, 60482-60523 E7-20776 E7-20778 E7-20781 E7-20789 Part V Executive Office of the President, Presidential Documents, 60525-60532 07-5297 07-5298 07-5299 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 205 Wednesday, October 24, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28319; Directorate Identifier 2007-NE-27-AD; Amendment 39-15243; AD 2007-22-07] RIN 2120-AA64 Airworthiness Directives;
General Electric Company
(GE)CF6-80C2D1F Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for GE CF6-80C2D1F turbofan engines, installed on, but not limited to, McDonnell Douglas Corporation MD-11 series airplanes. This AD requires removing previous software versions from the engine electronic control unit (ECU). Engines with new version software will have increased margin to flameout. This AD results from reports of engine flameout events during flight, including reports of events where all engines simultaneously experienced a flameout or other adverse operation. Although the root cause investigation is not yet complete, we believe that exposure to ice crystals during flight is associated with these flameout events. We are issuing this AD to minimize engine flameout caused by ice accretion and shedding during flight. DATES: This AD becomes effective November 28, 2007. ADDRESSES: You can get the service information identified in this AD from General Electric Company via Lockheed Martin Technology Services, 10525 Chester Road, Suite C, Cincinnati, Ohio 45215, telephone
(513)672-8400, fax
(513)672-8422. 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: John Golinski, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *john.golinski@faa.gov;* telephone:
(781)238-7135, fax:
(781)238-7199. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to GE CF6-80C2D1F turbofan engines, installed on McDonnell Douglas Corporation MD-11 series airplanes. We published the proposed AD in the **Federal Register** on July 17, 2007 (72 FR 39039). That action proposed to require removing previous software versions from the engine ECU. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request for Clarification Boeing and GE request clarification of the statement that the AD action results from reports of engine flameout events during flight, including reports of events where all engines simultaneously experienced a flameout or other adverse operation. The commenters point out that there have been no all-engine flameout events on MD-11 series airplanes. We disagree. While we agree that no all-engine flameout events on the MD-11 have occurred, single and multiple engine flameout events have taken place. We did not change the AD. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance We estimate that this AD will affect 175 CF6-80C2D1F turbofan engines installed on McDonnell Douglas Corporation MD-11 series airplanes of U.S. registry. We estimate it will take about 6 work-hours per ECU. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost to U.S. operators to be $63,120. Our cost estimate is exclusive of 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 have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2007-22-07 General Electric Company:** Amendment 39-15243. Docket No. FAA-2007-28319; Directorate Identifier 2007-NE-27-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective November 28, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to General Electric Company
(GE)CF6-80C2D1F turbofan engines, installed on, but not limited to, McDonnell Douglas Corporation MD-11 series airplanes. Unsafe Condition
(d)This AD results from reports of engine flameout events during flight, including reports of events where all engines simultaneously experienced a flameout or other adverse operation. We are issuing this AD to minimize engine flameout due to ice accretion and shedding during flight. Exposure to ice crystals during flight is believed to be associated with these flameout events. 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. Interim Action
(f)These actions are interim actions due to the on-going investigation, and we may take further rulemaking actions in the future based on the results of the investigation and field experience. Engine Electronic Control Unit
(ECU)Software Removal
(g)At the next shop visit of the engine or of the ECU, whichever occurs first, and not to exceed 60 months from the effective date of this AD, remove the following software versions from the ECUs: Table 1.—Removal of ECU Software Versions Software version Installed in ECU Part No.
(1)8.5.A 1851M51P01, 1851M51P02, 1851M52P01, 1851M52P02, 1851M53P01, 1851M53P02
(2)8.3C 1471M69P01, 1471M69P02, 1519M91P01
(3)8.3.D 1519M91P02
(4)8.3.E 1519M91P03, 1519M91P04
(5)8.3.F 1519M91P05
(6)8.3.G 1519M91P06, 1820M34P01
(7)8.3.H 1519M91P07, 1820M34P02
(8)8.3.J 1519M91P09, 1519M91P10, 1820M34P04, 1820M34P05 Previous Software Versions of ECU Software
(h)For a period of 24 months after the effective date of this AD, once an ECU containing a software version not listed in Table 1 of this AD is installed on an engine, that ECU can be replaced with an ECU containing a previous version of software listed in Table 1.
(i)Once the software version listed in Table 1 of this AD has been removed and new FAA-approved software version is installed in an ECU, reverting to those older software versions in that ECU is prohibited.
(j)After 60 months from the effective date of this AD, use of an ECU with a software version listed in Table 1 of this AD is prohibited. Definitions
(k)For the purposes of this AD:
(1)Next shop visit of the ECU is when the ECU is removed from the engine for overhaul or maintenance after the effective date of this AD.
(2)Next shop visit of the engine is when the engine is removed from the airplane for maintenance in which a major flange is disassembled after the effective date of this AD. The following engine maintenance actions, either separately or in combination with each other, are not considered a next shop visit of the engine:
(i)Removal of the upper high pressure compressor
(HPC)stator case solely for airfoil maintenance.
(ii)Module-level inspection of the HPC rotor stages 3-9 spool.
(iii)Replacement of stage 5 HPC variable stator vane bushings or lever arms.
(iv)Removal of the accessory gearbox.
(v)Replacement of the inlet gearbox polytetrafluoroethylene seal. Alternative Methods of Compliance
(l)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. Special Flight Permits
(m)Special flight permits are not authorized. Related Information
(n)Information on removing ECU software and installing new software, which provides increased margin to flameout, can be found in GE Service Bulletin No. CF6-80C2 S/B 73-0351, dated April 11, 2007.
(o)Contact John Golinski, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *john.golinski@faa.gov;* telephone:
(781)238-7135, fax:
(781)238-7199, for more information about this AD. Issued in Burlington, Massachusetts, on October 17, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-20813 Filed 10-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28115 Directorate Identifier 2007-CE-045-AD; Amendment 39-15235; AD 2007-21-17] RIN 2120-AA64 Airworthiness Directives; British Aerospace Regional Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series 3101, and Jetstream Model 3201 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final Rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: There has been a report of landing gear radius rods suffering cracks starting in the flashline near the microswitch boss. Such cracks can result in loss of the normal hydraulic system and may lead to a landing gear collapse. Main landing gear collapse is considered as potentially hazardous/ catastrophic. This AD mandates additional inspections considered necessary to address the identified unsafe condition. Note: The cause of this cracking is not related to previous cracking of the radius rod cylinder addressed by BAE Systems SB 32-JA040945 (CAA AD G-2005-0010), however, the consequences of a failure are the same. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective November 28, 2007. On November 28, 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://www.regulations.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: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4138; 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 July 6, 2007 (72 FR 36914). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: There has been a report of landing gear radius rods suffering cracks starting in the flashline near the microswitch boss. Such cracks can result in loss of the normal hydraulic system and may lead to a landing gear collapse. Main landing gear collapse is considered as potentially hazardous/catastrophic. This AD mandates additional inspections considered necessary to address the identified unsafe condition. Note: The cause of this cracking is not related to previous cracking of the radius rod cylinder addressed by BAE Systems SB 32-JA040945 (CAA AD G-2005-0010), however, the consequences of a failure are the same. Comments We gave the public the opportunity to participate in developing this AD. We considered the comment received. Comment Issue: Compliance Time APPH, the original equipment manufacturer of the main landing gear of the affected airplanes, expresses concern over being able to supply the necessary parts for the mandatory replacement. APPH understands the FAA's policy on aging commuter class aircraft, but states that all airplanes will have accumulated 8,000 total landings. Therefore, the proposed AD would require the replacement on all airplanes within 100 hours time-in-service
(TIS)after the effective date of the AD. APPH recommends a compliance time of “at the next scheduled overhaul.” The FAA partially concurs. We understand the problem with supplying parts for all airplanes within 100 hours TIS. However, the airplanes may not have “scheduled overhauls,” since the overhaul program is a recommended overhaul program and not a mandatory overhaul program. The FAA has determined that changing the 100-hour TIS grace period to 12 months would eliminate the repetitive inspections and provide additional time for operators to acquire the needed parts. We are changing the mandatory replacement compliance time in the final rule AD action to read “upon reaching 8,000 total landings on the main landing gear radius rods or within the next 12 months after the effective date of this AD, whichever occurs later.” Conclusion We 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 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 FAA policies. Any such differences are highlighted in a note within the AD. Costs of Compliance We estimate that this AD will affect 190 products of U.S. registry. We also estimate that it will take about 14 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $10,000 per product. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $2,112,800 or $11,120 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) 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: **2007-21-17 British Aerospace Regional Aircraft:** Amendment 39-15235; Docket No. FAA-2007-28115; Directorate Identifier 2007-CE-045-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective November 28, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series 3101, and Jetstream Model 3201 airplanes, all serial numbers, certificated in any category.
(d)Air Transport Association of America
(ATA)Code 32: Landing Gear. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: There has been a report of landing gear radius rods suffering cracks starting in the flashline near the microswitch boss. Such cracks can result in loss of the normal hydraulic system and may lead to a landing gear collapse. Main landing gear collapse is considered as potentially hazardous/catastrophic. This AD mandates additional inspections considered necessary to address the identified unsafe condition. Note: The cause of this cracking is not related to previous cracking of the radius rod cylinder addressed by BAE Systems SB 32-JA040945 (CAA AD G-2005-0010), however, the consequences of a failure are the same. Actions and Compliance
(f)Unless already done, do the following actions:
(1)Initially within the next 3 months after November 28, 2007 (the effective date of this AD) and repetitively thereafter at intervals not to exceed 12 months until the replacement required by paragraph (f)(2) or (f)(3) of this AD is done, inspect the main landing gear radius rod forged cylinder flashline following the accomplishment instructions of British Aerospace Jetstream Series 3100 and 3200 Service Bulletin 32-JA060741, dated November 1, 2006.
(2)If cracks are found during any inspection required by this AD, before further flight, replace the radius rod assembly with a serviceable unit.
(i)If the radius rod assembly includes the parts described in paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, then the repetitive inspections of this AD are no longer required.
(ii)If the radius rod assembly does not include the parts described in paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, then continue to repetitively inspect at intervals not to exceed 12 months until you comply with paragraph (f)(3) of this AD.
(3)Upon reaching 8,000 total landings on the main landing gear radius rods or within the next 12 months November 28, 2007(the effective date of this AD), whichever occurs later, replace the radius rod assembly by installing one of the following part numbers (P/N). This terminates the repetitive inspection requirement of this AD:
(i)P/N 1847/A to 1847/L with strike-off 12 or 13, or 1847/M or later; and
(ii)P/N 1862/A to 1862/L with strike-off 12 or 13, or 1862/M or later.
(4)*For airplanes under 8,000 total landings on the main landing gear radius rods:* Before further flight after the initial inspection required by paragraph (f)(1) of this AD, do not install a radius rod assembly that is not one of the parts specified in paragraphs (f)(3)(i) and (f)(3)(ii) of this AD on an affected airplane, unless it has been inspected in accordance with paragraph (f)(1) of this AD.
(5)*For those airplanes with parts listed in paragraph (f)(3) of this AD:* Before further flight after installing the parts in paragraphs (f)(3)(i) and (f)(3)(ii) of this AD, do not install any radius rod assembly that does not incorporate the parts in paragraphs (f)(3)(i) and (f)(3)(ii) of this AD. Note 1: When a compliance time in this AD is presented in landings and you do not keep the total landings, you may multiply the total number of airplane hours time-in-service by 0.75 to calculate the number of landings for the purposes of doing the actions required by this AD. Note 2: Maintenance procedures for each radius rod overhaul are included in APPH Service Bulletin 1847-32-12 or 1862-32-12, both dated September 2006, as applicable. You may do such maintenance using the above referenced bulletins or through a fluorescent dye penetrant inspection of the cylinder counterbore as specified in APPH Component Maintenance Manual
(CMM)32-10-16 at Revision 11 or higher. FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows:
(1)The MCAI and service bulletin allow the radius rod assembly to be repetitively inspected for the life of the airplane and the repetitive inspection requirement is terminated if improved design parts are installed. Many of the affected airplanes are used in commuter operations (14 CFR part 135). The FAA's policy on aging commuter class aircraft states that when a modification exists that could eliminate or reduce the number of required critical inspections, the modification should be incorporated. Therefore, the FAA is mandating the replacement of the radius rod assembly with improved design parts no later than reaching 8,000 total landings on the main landing gear radius rods or within the next 12 months after the effective date of this AD, whichever occurs later.
(2)The MCAI includes a reference to APPH service bulletins as an option for maintenance overhaul procedures. Because we do not require general maintenance in our ADs, we added a note referencing these bulletins as an option to use for overhaul procedures. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4138; 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 European Aviation Safety Agency
(EASA)AD No. 2007-0087, dated March 30, 2007; and BAE SYSTEMS Jetstream Series 3100 and 3200 Service Bulletin 32-JA060741, dated November 1, 2006; for related information. Material Incorporated by Reference
(i)You must use BAE SYSTEMS Jetstream Series 3100 and 3200 Service Bulletin 32-JA060741, dated November 1, 2006 to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact British Aerospace (Operations) Limited Trading at British Aerospace Regional Aircraft, Prestwick International Airport, Ayrshire KA9 2RW, Scotland.
(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 October 10, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20364 Filed 10-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28923; Directorate Identifier 2007-NM-133-AD; Amendment 39-15242; AD 2007-22-06] RIN 2120-AA64 Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: 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: Over the years, several Fokker 100 (F28 Mark 0100) operators reported that a MLG (main landing gear) wheel fell off during regular operation of the aircraft. These incidents occurred due to a missing spacer, which had inadvertently not been installed during a previous wheel change. Omitting the installation of the wheel spacer allows the wheel to move sideways along the axle, which subsequently leads to bearing failure, followed by loss of the wheel. * * * This condition, if not corrected, * * * could conceivably result in loss of control of the aircraft during the take-off run, landing rollout or taxiing operations. * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective November 28, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 28, 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 Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1137; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: 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 August 16, 2007 (72 FR 45956). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Over the years, several Fokker 100 (F28 Mark 0100) operators reported that a MLG (main landing gear) wheel fell off during regular operation of the aircraft. These incidents occurred due to a missing spacer, which had inadvertently not been installed during a previous wheel change. Omitting the installation of the wheel spacer allows the wheel to move sideways along the axle, which subsequently leads to bearing failure, followed by loss of the wheel. Investigation by Fokker and Messier-Dowty has shown that two separate items, the spacer and the axle nut, can be replaced by a single axle-nut/spacer assembly, to prevent the possibility of omitting the spacer. In 1995, Messier-Dowty issued Service Bulletin
(SB)F100-32-72 to make sure that the operator does not assemble the axle nut without the spacer. Fokker subsequently issued SB F100-32-096 to notify Fokker 100 operators of the (optional) Messier-Dowty SB's existence. At a later stage, Fokker revised the SB to the status of “recommended”. In spite of all this attention to the spacer problem, wheel losses are still being reported due to missing wheel nut spacers. This condition, if not corrected, may lead to further wheel loss incidents, each of which could conceivably result in loss of control of the aircraft during the take-off run, landing rollout or taxiing operations. Since a potentially unsafe condition has been identified that may exist or develop on aircraft of the same type design, this Airworthiness Directive requires the replacement of the axle-nut and spacer with an integrated axle-nut/spacer assembly. In addition, the Aircraft Maintenance Manual
(AMM)and Illustrated Parts Catalogue
(IPC)must be amended to prevent reversal to a separate axle-nut and spacer installation during a subsequent wheel change. 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 our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 13 products of U.S. registry. We also estimate that it will take about 4 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $3,750 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $52,910, or $4,070 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: **2007-22-06 Fokker Services B.V.:** Amendment 39-15242. Docket No. FAA-2007-28923; Directorate Identifier 2007-NM-133-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective November 28, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Fokker Model F.28 Mark 0070 and 0100 airplanes; certificated in any category; all serial numbers, if equipped with Messier-Dowty main landing gear
(MLG)units. Subject
(d)Air Transport Association
(ATA)of America Code 32: Landing gear. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Over the years, several Fokker 100 (F28 Mark 0100) operators reported that a MLG (main landing gear) wheel fell off during regular operation of the aircraft. These incidents occurred due to a missing spacer, which had inadvertently not been installed during a previous wheel change. Omitting the installation of the wheel spacer allows the wheel to move sideways along the axle, which subsequently leads to bearing failure, followed by loss of the wheel. Investigation by Fokker and Messier-Dowty has shown that two separate items, the spacer and the axle nut, can be replaced by a single axle-nut/spacer assembly, to prevent the possibility of omitting the spacer. In 1995, Messier-Dowty issued Service Bulletin
(SB)F100-32-72 to make sure that the operator does not assemble the axle nut without the spacer. Fokker subsequently issued SB F100-32-096 to notify Fokker 100 operators of the (optional) Messier-Dowty SB's existence. At a later stage, Fokker revised the SB to the status of “recommended”. In spite of all this attention to the spacer problem, wheel losses are still being reported due to missing wheel nut spacers. This condition, if not corrected, may lead to further wheel loss incidents, each of which could conceivably result in loss of control of the aircraft during the take-off run, landing rollout or taxiing operations. Since a potentially unsafe condition has been identified that may exist or develop on aircraft of the same type design, this Airworthiness Directive requires the replacement of the axle-nut and spacer with an integrated axle-nut/spacer assembly. In addition, the Aircraft Maintenance Manual
(AMM)and Illustrated Parts Catalogue
(IPC)must be amended to prevent reversal to a separate axle-nut and spacer installation during a subsequent wheel change. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Within 12 months after the effective date of this AD, replace each MLG wheel axle-nut and spacer with an integrated axle-nut/spacer assembly in accordance with the Accomplishment Instructions of Messier-Dowty Service Bulletin F100-32-72, Revision 1, dated March 5, 2007. Note 1: Fokker 70/100 Service Letter 102, Revision 1, dated February 12, 1998; and Fokker Service Bulletin SBF100-32-096, Revision 2, dated April 29, 2005; also pertain to this subject.
(2)As of 12 months after the effective date of this AD, no person may install an axle nut having part number (P/N) 201072670 or alternate P/N 201072765, or any spacer having P/N 201072699, on any airplane. Only axle nut subassemblies having P/N 201251273 or P/N 201650216 may be installed.
(3)Actions accomplished before the effective date of this AD in accordance with Messier-Dowty Service Bulletin F100-32-72, dated January 25, 1995, are considered acceptable for compliance with the corresponding action specified in this AD. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows:
(1)The MCAI requires revising the AMM and IPC. As these documents are not FAA-approved, we do not require these revisions. Therefore, this AD requires compliance with paragraph (f)(2) of this AD, which accomplishes the intent of revising the AMM and IPC. 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 Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1137; fax
(425)227-1149. 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, 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 Dutch Airworthiness Directive NL-2005-008, dated June 30, 2005, and the service information identified in Table 1 of this AD, for related information. Table 1.—Related Service Information Service information Revision level Date Fokker 70/100 Service Letter 102 1 February 12, 1998. Fokker Service Bulletin SBF100-32-096 2 April 29, 2005. Messier-Dowty Service Bulletin F100-32-72 1 March 5, 2007. Material Incorporated by Reference
(i)You must use Messier-Dowty Service Bulletin F100-32-72, Revision 1, dated March 5, 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 Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands.
(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.* Issued in Renton, Washington, on October 12, 2007. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20814 Filed 10-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27777; Directorate Identifier 2006-NM-265-AD; Amendment 39-15236; AD 2007-21-18] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model DC-8-53, DC-8-55, DC-8F-54, and DC-8F-55 Airplanes; and Model DC-8-60, DC-8-60F, DC-8-70, and DC-8-70F Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain McDonnell Douglas airplanes, identified above. This AD requires a one-time inspection to determine the configuration of the airplane. This AD also requires repetitive inspections for cracking of the tee or angle doubler, and corrective actions if necessary. This AD results from a report indicating that numerous operators have found cracks on the tee. We are issuing this AD to detect and correct stress corrosion cracking of the tee or angle doubler installed on the flat aft pressure bulkhead. Cracking in this area could continue to progress and damage the adjacent structure, which could result in loss of structural integrity of the airplane. DATES: This AD becomes effective November 28, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of November 28, 2007. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024). Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 address for the Docket Office (telephone 800-647-5527) is the 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: Jon Mowery, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562)627-5322; fax
(562)627-5210. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain McDonnell Douglas Model DC-8-53, DC-8-55, DC-8F-54, and DC-8F-55 airplanes; and Model DC-8-60, DC-8-60F, DC-8-70, and DC-8-70F series airplanes. That NPRM was published in the **Federal Register** on April 5, 2007 (72 FR 16744). That NPRM proposed to require a one-time inspection to determine the configuration of the airplane. That NPRM also proposed to require repetitive inspections for cracking of the tee or angle doubler, and corrective actions if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Clarify Paragraph
(f)of the NPRM Air Transport Association (ATA), on behalf of its member UPS, requests that we reword the first section of paragraph
(f)of the NPRM for clarity. The commenters state that paragraph
(f)of the NPRM mandates an inspection to determine if a tee or angle is installed. The commenters point out that all airplanes have a tee installed, as this is the baseline configuration, and that the angle is a repair on top of the tee. UPS suggests that we revise the paragraph to state instead, “ * * * inspect the left and right side of the flat aft pressure bulkhead to determine if a repair has been installed. As noted in Boeing Service Bulletin DC8-53A081, Configuration 1 applies to airplanes with no repairs installed; Configuration 2 applies to airplanes with repairs installed in accordance with DC-8 SRM 53-2-5, Figure 9; and Configuration 3 applies to repairs which are not installed in accordance with DC-8 SRM 53-2-5, Figure 9 * * *” In addition, ABX Air, Inc. and UPS request that we fix a typographical error in paragraph (f). The Structural Repair Manual
(SRM)reference should be 53-2-5 rather than 52-2-5. We agree with the ATA and UPS because the suggested wording is more accurate and clear than the wording in the NPRM. We have revised paragraph
(f)of this AD accordingly. We have also revised the Summary and Discussion sections of the preamble of this AD to state that the one-time inspection is simply to determine the configuration of the airplane. We have also changed the SRM reference in the AD, as requested. Operators should note that the reference to this SRM should also be 53-2-5 rather than 52-2-5 in Table 3 of Paragraph 1.E., Compliance, of Boeing Alert Service Bulletin DC8-53A081, dated November 14, 2006. Request To Clarify Pressure Test Requirement ATA, on behalf of its member UPS, notes that paragraph (f)(1) of the NPRM requires accomplishment of all applicable actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin DC8-53A081, dated November 14, 2006. UPS states that the applicable actions in paragraph B.4 of those instructions include a pressure test of the fuselage as given in the DC-8 aircraft maintenance manual 21-31-0. The commenters do not believe that the pressure test is necessary to accomplish either the inspections or repairs successfully. They note that Boeing concurs with deleting this requirement, and refer to Boeing Message 1-283162455-4, dated February 12, 2007, as the relevant correspondence between Boeing and UPS. We agree that the pressure test is not necessary for accomplishing either the inspections or repairs. We have added a sentence to paragraph (f)(1) of this AD to state that where the service bulletin specifies to do the pressure test, that action is not required by this AD. Requests To Supersede AD 93-01-15 The same commenters have three requests related to AD 93-01-15, amendment 39-8469 (58 FR 5576, January 22, 1993). The commenters believe that the AD resulting from the NPRM should supersede AD 93-01-15 for the area of concern, which is Principal Structural Element
(PSE)53.08.009 and PSE 53.08.010. The commenters also believe that the AD resulting from the NPRM should specifically mention that it removes the reporting requirements of AD 93-01-15 for the area of concern. UPS notes that a similar request to remove the reporting requirements was granted as an alternative method of compliance
(AMOC)approval for all airplanes affected by AD 2006-03-04, amendment 39-14468 (71 FR 5969, February 6, 2006). UPS also requests that we revise paragraph
(g)of the NPRM (the AMOC paragraph) to mention that prior AMOC approvals for AD 93-01-15 for repairs in the area of concern be automatically accepted as AMOCs for this new AD. We partially agree with the commenters. We agree that inspections and repairs required by this AD of specified areas of PSEs 53.08.009 and 53.08.010 are acceptable for compliance with the applicable requirements of paragraphs
(a)and
(b)of AD 93-01-15, including the reporting requirements for those specified areas. The remaining areas of the affected PSEs must be inspected and repaired, as applicable, in accordance with AD 93-01-15. We also agree that AMOCs for repairs granted previously in accordance with AD 93-01-15 are acceptable for compliance with the corresponding actions required by this AD. We have added new paragraphs (g)(4) and (g)(5) to this AD to address these requests. We do not agree that it is necessary to supersede AD 93-01-15. We find that the revisions to this AD are sufficient to address the area of concern noted by the commenters. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 321 airplanes of the affected design in the worldwide fleet. This AD affects about 139 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD. The average labor rate is $80 per work hour. Estimated Costs Action Work hours Cost per airplane Fleet cost Inspection to determine the configuration of the airplane, and to determine previous inspection method 1 $80 $11,120. Configuration 1, per inspection cycle 11 $880, per inspection cycle Up to $122,320, per inspection cycle. Configuration 2, per inspection cycle 5 $400, per inspection cycle Up to $55,600, per inspection cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-21-18 McDonnell Douglas:** Amendment 39-15236. Docket No. FAA-2007-27777; Directorate Identifier 2006-NM-265-AD. Effective Date
(a)This AD becomes effective November 28, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to McDonnell Douglas Model DC-8-53, DC-8-55, DC-8-61, DC-8-61F, DC-8-62, DC-8-62F, DC-8-63, DC-8-63F, DC-8-71, DC-8-71F, DC-8-72, DC-8-72F, DC-8-73, DC-8-73F, DC-8F-54, and DC-8F-55 airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin DC8-53A081, dated November 14, 2006. Unsafe Condition
(d)This AD results from a report indicating that numerous operators have found cracks on the tee installed on the left and right side of the flat aft pressure bulkhead from Longeron 9 to Longeron 13. We are issuing this AD to detect and correct stress corrosion cracking of the tee or angle doubler installed on the flat aft pressure bulkhead. Cracking in this area could continue to progress and damage the adjacent structure, which could result in loss of structural integrity of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspections and Related Investigative/Corrective Actions
(f)For all airplanes: Within 24 months after the effective date of this AD, inspect the left and right sides of the flat aft pressure bulkhead to determine if a repair has been installed. As noted in Boeing Alert Service Bulletin DC8-53A081, dated November 14, 2006, Configuration 1 applies to airplanes with no repairs installed; Configuration 2 applies to airplanes with repairs installed in accordance with DC-8 Structural Repair Manual
(SRM)53-2-5, Figure 9; and Configuration 3 applies to airplanes with repairs that are not installed in accordance with DC-8 SRM 53-2-5, Figure 9. A review of airplane maintenance records is acceptable in lieu of this inspection if the applicable installation can be conclusively determined from that review.
(1)For airplanes determined to be either Configuration 1 or Configuration 2: Within 24 months after the effective date of this AD, do the applicable inspection for cracking of the tee or angle doubler, and do all applicable corrective actions before further flight, by accomplishing all the actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin DC8-53A081, dated November 14, 2006. Repeat the applicable inspection thereafter at the applicable interval specified in Paragraph 1.E, “Compliance,” of Boeing Alert Service Bulletin DC8-53A081, dated November 14, 2006. Where the service bulletin specifies to do the pressure test, that action is not required by this AD.
(2)For airplanes determined to be Configuration 1 airplanes: A review of the airplane maintenance records to determine if the tee was previously inspected using one of the three inspection methods specified in the DC-8 Supplemental Inspection Document
(SID)L26-011, Volume II, 53-10-18, and to determine that no crack was found, is acceptable to determine the type of inspection and corresponding repetitive interval if the inspection type and crack finding can be conclusively determined from that review.
(3)For airplanes determined to be Configuration 3 airplanes: Within 24 months after the effective date of this AD, repair the previous installation. Where Boeing Alert Service Bulletin DC8-53A081, dated November 14, 2006, specifies to contact Boeing for instructions, repair using a method approved in accordance with the procedures specified in paragraph
(g)of this AD. Alternative Methods of Compliance (AMOCs) (g)(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.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Los Angeles ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane and 14 CFR 25.571, Amendment 45, and the approval must specifically refer to this AD.
(4)Inspections and repairs required by this AD of specified areas of Principal Structural Elements
(PSEs)53.08.009 and 53.08.010 are acceptable for compliance with the applicable requirements of paragraphs
(a)and
(b)of AD 93-01-15, amendment 39-8469, including the reporting requirements for those specified areas. The remaining areas of the affected PSEs must continue to be inspected and repaired, as applicable, in accordance with AD 93-01-15.
(5)AMOCs for repairs granted previously in accordance with AD 93-01-15 are acceptable for compliance with the corresponding actions required by this AD. Material Incorporated by Reference
(h)You must use Boeing Alert Service Bulletin DC8-53A081, dated November 14, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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 October 9, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20464 Filed 10-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28853; Directorate Identifier 2006-NM-218-AD; Amendment 39-15241; AD 2007-22-05] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300-600 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: At some locations, the new calculated fatigue life [for the wing to center box assembly] falls below the aircraft Design Service Goal. The aim of this Airworthiness Directive
(AD)is * * * to ensure detection of cracks on the panels and stiffeners at rib No. 1. This situation, if left uncorrected, could affect the structural integrity of the area. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective November 28, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 28, 2007. The Director of the Federal Register approved the incorporation by reference of Airbus A300-600 Airworthiness Limitations Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006, as of October 31, 2007 (72 FR 54536, September 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 August 3, 2007 (72 FR 43199). A correction of that NPRM was published in the **Federal Register** on August 15, 2007 (72 FR 45866). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: During installation of the wing to the centre box junction on the Final Assembly Line, some “taperlocks” fasteners were found non compliant with the specification. Fatigue tests on samples and calculation performed on non-conform fasteners demonstrated that this defect could lead to decrease the fatigue life of the wing to centre wing box assembly. At some locations, the new calculated fatigue life falls below the aircraft Design Service Goal. The aim of this Airworthiness Directive
(AD)is to mandate repetitive inspections to ensure detection of cracks on the panels and stiffeners at rib No. 1. This situation, if left uncorrected, could affect the structural integrity of the area. The corrective action includes contacting Airbus for repair instructions in the event of crack finding. 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 Times We added “total” to the flight hour compliance times in paragraphs (f)(1)(i)(A), (f)(2)(i)(A), and (f)(3)(i)(A) of the AD. The flight cycle compliance times already specify total flight cycles. Change of Service Bulletin Appendix Reference We changed “including” to “excluding” when referring to Appendix 01 of Airbus Service Bulletin A300-53-6154, dated June 20, 2006, in paragraph
(h)and in the subparagraphs of paragraph
(f)of the AD. Appendix 01 is a reporting form, and this AD does not require reporting. 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 We estimate that this AD will affect 7 products of U.S. registry. We also estimate that it will take about 79 work-hours per product to comply with the 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 $44,240, or $6,320 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: **2007-22-05 Airbus:** Amendment 39-15241. Docket No. FAA-2007-28853; Directorate Identifier 2006-NM-218-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective November 28, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Airbus Model A300-600 series airplanes, manufacturing serial numbers
(MSN)0815 up to MSN 0821 inclusive, certificated in any category. Subject
(d)Air Transport Association
(ATA)of America Code 53: Fuselage. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: During installation of the wing to the centre box junction on the Final Assembly Line, some “taperlocks” fasteners were found non compliant with the specification. Fatigue tests on samples and calculation performed on non-conform fasteners demonstrated that this defect could lead to decrease the fatigue life of the wing to centre wing box assembly. At some locations, the new calculated fatigue life falls below the aircraft Design Service Goal. The aim of this Airworthiness Directive
(AD)is to mandate repetitive inspections to ensure detection of cracks on the panels and stiffeners at rib No. 1. This situation, if left uncorrected, could affect the structural integrity of the area. The corrective action includes contacting Airbus for repair instructions in the event of crack finding. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Action No. 1, for the center wing box:
(i)At the later of the times in paragraphs (f)(1)(i)(A) and (f)(1)(i)(B) of this AD: Do an external ultrasonic inspection for cracking of the taperlocks fasteners of the center wing box, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6154, excluding Appendix 01, dated June 20, 2006. If any crack is detected: Before further flight, contact Airbus for repair instructions, and repair.
(A)Before the accumulation of 19,800 total flight cycles or 41,200 total flight hours, whichever occurs first.
(B)Within 3 months after the effective date of this AD.
(ii)Repeat the inspection thereafter at intervals not to exceed 3,300 flight cycles or 6,900 flight hours, whichever occurs first, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6154, excluding Appendix 01, dated June 20, 2006.
(iii)The repetitive interval specified in paragraph (f)(1)(ii) of this AD is valid until the threshold of Airbus A300-600 Airworthiness Limitation Items
(ALI)Task 571006-02-1 is reached. After reaching this threshold, the ultrasonic inspection is to be done according to Task 571006-02-1, “Special detailed inspection (Ultrasonic) of wing junction at rib 1 horizontal flange of lower T section, between FR40 and FR47 inboard side, LH/RH,” of Airbus A300-600 Airworthiness Limitation Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006.
(2)Action No. 2, for the outer wing box:
(i)At the later of the times in paragraphs (f)(2)(i)(A) and (f)(2)(i)(B) of this AD: Do an external ultrasonic inspection for cracking of the taperlocks fasteners of the outer wing box, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6154, excluding Appendix 01, dated June 20, 2006. If any crack is detected: Before further flight, contact Airbus for repair instructions, and repair.
(A)Before the accumulation of 15,200 total flight cycles or 31,700 total flight hours, whichever occurs first.
(B)Within 3 months after the effective date of this AD.
(ii)Repeat the inspection thereafter at intervals not to exceed 3,700 flight cycles or 7,700 flight hours, whichever occurs first, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6154, excluding Appendix 01, dated June 20, 2006.
(iii)The repetitive interval specified in paragraph (f)(2)(ii) of this AD is valid until reaching the threshold of Airbus A300-600 Airworthiness Limitation Items
(ALI)Task 571022-01-2, “Special detailed inspection (Ultrasonic) of wing-fuselage lower skin splice at rib 1 (wing side).” After reaching this threshold, the ultrasonic inspection is to be done according to Task 571022-01-2 of Airbus A300-600 Airworthiness Limitation Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006.
(3)Action No. 3, for the outer wing box:
(i)At the later of the times in paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of this AD: Do an internal x-ray inspection for cracking of the taperlocks fasteners of the outer wing box, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6154, excluding Appendix 01, dated June 20, 2006. If any crack is detected: Before further flight, contact Airbus for repair instructions, and repair.
(A)Before the accumulation of 20,900 total flight cycles or 43,400 total flight hours, whichever occurs first.
(B)Within 3 months after the effective date of this AD.
(ii)Repeat the inspection thereafter at intervals not to exceed 1,800 flight cycles or 3,700 flight hours, whichever occurs first, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6154, excluding Appendix 01, dated June 20, 2006.
(iii)The repetitive interval specified in paragraph (f)(3)(ii) of this AD is valid until reaching the threshold of Airbus A300-600 Airworthiness Limitation Items
(ALI)Task 571022-02-2, “Special detailed inspection
(XRAY)of wing-fuselage lower skin splice at rib 1 (wing side).” After reaching this threshold, the x-ray inspection is to be done according to Task 571022-02-2 of Airbus A300-600 Airworthiness Limitation Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006. 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, FAA, 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.
(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, 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 EASA Airworthiness Directive 2006-0257, dated August 24, 2006; Airbus Service Bulletin A300-53-6154, excluding Appendix 01, dated June 20, 2006; and Airbus A300-600 Airworthiness Limitations Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 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 Airbus Service Bulletin A300-53-6154, excluding Appendix 01, dated June 20, 2006, under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)The Director of the Federal Register previously approved the incorporation by reference of Airbus A300-600 Airworthiness Limitations Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006, on October 31, 2007 (72 FR 54536, September 26, 2007).
(3)For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(4)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 Service information Revision level Date Airbus Service Bulletin A300-53-6154, excluding Appendix 01 Original June 20, 2006. Airbus A300-600 Airworthiness Limitations Items Document AI/SE-M2/95A.0502/06 Issue 11 April 2006. Issued in Renton, Washington, on October 12, 2007. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20815 Filed 10-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0073; Directorate Identifier 2007-NM-229-AD; Amendment 39-15240; AD 2007-22-04] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330 Airplanes 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)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: During cruise, an A330 operator experienced a LH (left-hand) wing tank pump #1 low pressure message followed immediately by LH wing tank stand-by pump low pressure message, then LH wing tank pumps low pressure message. The flight crew opened the cross-feed valve to feed the engine on LH wing from RH (right-hand) wing but RH wing tank pumps low-pressure message was displayed as well as advisory unbalanced fuel message. * * * It has been confirmed following fuel tank entry that outlet of the LH pump #2 canister had broken due to static overload. If this situation is not corrected, it can lead to the loss of fuel on both engines in flight * * * [and] a dual engine flameout * * *. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective November 8, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of November 8, 2007. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *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 W12-40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425)227-2797; fax
(425)227-1149. 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 Emergency Airworthiness Directive 2007-0216-E, dated August 8, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: During cruise, an A330 operator experienced a LH (left-hand) wing tank pump #1 low pressure message followed immediately by LH wing tank stand-by pump low pressure message, then LH wing tank pumps low pressure message. The flight crew opened the cross-feed valve to feed the engine on LH wing from RH (right-hand) wing but RH wing tank pumps low-pressure message was displayed as well as advisory unbalanced fuel message. It was reported that the cross-feed was closed in accordance with applicable procedure and the aircraft was landed successfully. It has been identified that both engines were gravity fed above the certified gravity feed ceiling for a brief period of time. It has been confirmed following fuel tank entry that outlet of the LH pump #2 canister had broken due to static overload. If this situation is not corrected, it can lead to the loss of fuel on both engines in flight which constitutes an unsafe condition. To prevent a dual engine flameout, this Emergency Airworthiness Directive
(EAD)mandates an operational procedure which covers the scenario of small or large engine feed line ruptures and to add also a method to recover fuel in the unlikely event that the engine on the affected wing fails to restart at or below the gravity feed ceiling. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued A330 Temporary Revision 4.02.00/39, dated June 21, 2007, to the Airbus A330 Airplane Flight Manual (AFM). 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 another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the 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. 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 on the incident airplane, the outlet of the LH pump #2 canister to the engine fuel feed line was found ruptured. During cruise, the flightcrew followed existing AFM procedures for a FUEL L WING PUMPS LO PR ECAM caution, which resulted in an unwanted fuel transfer through the ruptured part from the right wing inner tank to the left wing inner tank. Under certain conditions, this could result in the loss of fuel to both engines and a dual engine flameout. 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-2007-0073; Directorate Identifier 2007-NM-229-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://www.regulations.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, 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: **2007-22-04 Airbus:** Amendment 39-15240. Docket No. FAA-2007-0073; Directorate Identifier 2007-NM-229-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective November 8, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to all Airbus Model A330 airplanes, certificated in any category, all certified models, all serial numbers. Subject
(d)Air Transport Association
(ATA)of America Code 28: Fuel. Reason
(e)The mandatory continued airworthiness information
(MCAI)states: During cruise, an A330 operator experienced a LH (left-hand) wing tank pump #1 low pressure message followed immediately by LH wing tank stand-by pump low pressure message, then LH wing tank pumps low pressure message. The flight crew opened the cross-feed valve to feed the engine on LH wing from RH (right-hand) wing but RH wing tank pumps low-pressure message was displayed as well as advisory unbalanced fuel message. It was reported that the cross-feed was closed in accordance with applicable procedure and the aircraft was landed successfully. It has been identified that both engines were gravity fed above the certified gravity feed ceiling for a brief period of time. It has been confirmed following fuel tank entry that outlet of the LH pump #2 canister had broken due to static overload. If this situation is not corrected, it can lead to the loss of fuel on both engines in flight which constitutes an unsafe condition. To prevent a dual engine flameout, this Emergency Airworthiness Directive
(EAD)mandates an operational procedure which covers the scenario of small or large engine feed line ruptures and to add also a method to recover fuel in the unlikely event that the engine on the affected wing fails to restart at or below the gravity feed ceiling. Actions and Compliance
(f)Within 10 days after the effective date of this AD, unless already done, revise the Procedures and Emergency sections of the Airbus A330 Airplane Flight Manual
(AFM)to include the information in Airbus A330 Temporary Revision
(TR)4.02.00/39, dated June 21, 2007. The TR revises the procedure to follow in the event of fuel pump low pressure warnings and adds operational procedures to follow in the event of a feed fuel line rupture. Note 1: The action required by paragraph
(f)of this AD may be done by inserting into the appropriate AFM sections a copy of the TR listed in paragraph
(f)of this AD. When this TR has been included in the general revisions of the AFM, the general revisions may be inserted into the AFM, provided the relevant information in the general revision is identical to that in the TR listed in paragraph
(f)of this AD. Note 2: This AFM TR will be incorporated in another AFM TR associated to the introduction of Flight Warning Computer T2 standard. FAA AD Differences Note 3: 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: Tim Backman, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425)227-2797; 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.
(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, 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 Mandatory Continuing Airworthiness Information
(MCAI)European Aviation Safety Agency Emergency Airworthiness Directive 2007-0216-E, dated August 8, 2007, and Airbus A330 Temporary Revision 4.02.00/39, dated June 21, 2007, to the Airbus A330 AFM, for related information. Material Incorporated by Reference
(i)You must use Airbus A330 Temporary Revision 4.02.00/39, dated June 21, 2007, to the Airbus A330 Airplane Flight Manual, to do the actions required by this AD, unless the AD specifies otherwise. (The issue date is identified only on the first page of the temporary revision; no other page of the document contains the date.)
(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.* Issued in Renton, Washington, on October 12, 2007. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20817 Filed 10-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27927; Directorate Identifier 2006-NM-182-AD; Amendment 39-15239; AD 2007-22-03] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for all Airbus Model A300 series airplanes. This AD requires revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors caused by latent failures, alterations, repairs, or maintenance actions, could result in fuel tank explosions and consequent loss of the airplane. DATES: This AD becomes effective November 28, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of November 28, 2007. ADDRESSES: For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 address for the Docket Office (telephone 800-647-5527) is the 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: 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 The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Airbus A300 series airplanes. That NPRM was published in the **Federal Register** on April 20, 2007 (72 FR 19823). That NPRM proposed to require revising the Airworthiness Limitations Section
(ALS)of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. Actions Since NPRM Was Issued After we issued the NPRM, Airbus published the A300 Fuel Airworthiness Limitations, Document 95A.1928/05, Issue 2, dated May 11, 2007 (approved by the European Aviation Safety Agency
(EASA)on July 6, 2007) (hereafter referred to as “Document 95A.1928/05”). In the NPRM, we referred to Issue 1 of Document 95A.1928/05, dated December 19, 2005, as the appropriate source of service information for accomplishing the actions proposed in the NPRM. The fuel airworthiness limitations
(FALs)specified in Issue 2 of Document 95A.1928/05 are the same as those in Issue 1 of Document 95A.1928/05. Airbus has revised certain task titles in Section 1 of Issue 2 of Document 95A.1928/05 and has clarified the applicability and corrected certain airplane maintenance manual
(AMM)references in Section 2 of the document. Therefore, we have revised this AD by referring to Issue 2 of Document 95A.1928/05 as the appropriate source of service information. After we issued the NPRM, EASA issued airworthiness directive 2007-0094 R1 dated May 2, 2007, to correct certain compliance times; our NPRM included the correct compliance times, which we explained as differences between the NPRM and EASA airworthiness directive 2006-0200, dated July 11, 2006. The compliance times in this AD already correspond with the compliance times of EASA airworthiness directive 2007-0094 R1. Therefore, we have revised paragraph
(k)of this AD to refer to EASA airworthiness directive 2007-0094 R1. After we issued the NPRM, Airbus published Operator Information Telex
(OIT)SE 999.0079/07, Revision 01, dated August 14, 2007, to identify the applicable sections of the Airbus A300 AMM necessary for accomplishing the tasks specified in Section 1 of Document 95A.1928/05. We have added a note to paragraph
(f)of this AD to refer to that OIT. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Clarify the Initial Compliance Time TradeWinds Airlines requests that we revise paragraph
(f)of the NPRM to clarify that the “INTERVAL” values specified in Section 1 of Document 95A.1928/05 are also the initial threshold values. The commenter states that it is unclear whether the initial compliance times are the interval values. We agree that the values specified in the “INTERVAL” column of the “MAINTENANCE/INSPECTION TASKS” table in Section 1 of Document 95A.1928/05 should be used as the initial compliance time, as well as the repetitive interval. We have also clarified the compliance time in paragraph
(f)of this AD by adding the word “thereafter” to more clearly state that “ * * * the repetitive inspections must be accomplished thereafter * * *.” Request To Revise “Relevant Service Information” Section Airbus requests that we revise the “Relevant Service Information” section to state that “Section 1, ‘Maintenance/Inspection Tasks,' of Document 95A.1928/05 describes certain FAL inspections, which are periodic inspections of certain features for latent failures that could contribute to a fire.” In the NPRM, we specified that the latent failures could contribute to an ignition source. As justification, Airbus states that not all three tasks identified in Section 1 of Document 95A.1928/05 contribute to minimizing the risk of an ignition source: Only Task 3 minimizes the risk of an ignition source, while Tasks 1 and 2 minimize the occurrence of a combustible environment. We agree with Airbus's statements. However, we have not revised this AD in this regard since the “Relevant Service Information” section is not retained in a final rule. Request To Revise the Unsafe Condition Airbus states that it does not agree that there is an unsafe condition on Model A300 series airplanes, prior to accomplishing the maintenance/inspection tasks in Section 1 of Document 95A.1928/05. Airbus agrees that performing these tasks contributes to minimizing the risk of either an ignition source (Task 3) or the occurrence of a combustible environment (Tasks 1 and 2). In regard to the critical design configuration control limitations (CDCCLs), Airbus states that no unsafe condition exists at delivery, and that no unsafe condition will develop provided that operators observe the CDCCLs after delivery. Airbus further states that the CDCCLs are introduced to reduce the risk that an operator may inadvertently alter the design or installation, thus introducing a less safe configuration. We infer Airbus would like us to revise the unsafe condition in this AD to incorporate its comments. We do not agree to revise the unsafe condition of this AD. Fuel airworthiness limitations
(FALs)are items arising from a systems safety analysis that have been shown to have failure modes associated with an unsafe condition, as defined in FAA Memorandum 2003-112-15, “SFAR 88—Mandatory Action Decision Criteria,” dated February 25, 2003. These FALs are identified in failure conditions for which an unacceptable probability of ignition risk could exist if specific tasks or practices or both are not performed in accordance with a manufacturer's requirements. As Airbus notes, if an operator does not observe the CDCCLs after delivery, then an unsafe condition could occur. For this reason we must mandate Document 95A.1928/05 to ensure the CDCCLs are observed. We have not changed this AD in this regard. Requests To Clarify the Requirements of Paragraph
(h)Airbus requests that we revise paragraph
(h)of the NPRM to state that operators are required to update their internal procedures and documentation to ensure appropriate management and control of the CDCCLs specified in Section 2 of Document 95A.1928/05. Airbus states that paragraph
(h)of the NPRM is unclear about what an operator is expected to do with the CDCCLs. Airbus further states that paragraph
(h)of the NPRM tells operators to add the CDCCLs to the ALS, but Airbus states that it has already done so for operators. Airbus also states that the ALS is part of the type certification
(TC)documentation and is not changed by operators. TradeWinds Airlines requests that we provide guidance as to what is acceptable for compliance with the requirements of paragraph
(h)of the NPRM. TradeWinds Airlines states that simply listing the CDCCLs in a maintenance schedule would have little or no effect on preserving critical ignition source prevention features. The commenter further states that the Airbus A300 AMM would be the source of the approved data for accomplishing the tasks related to the CDCCLs, and that revisions to the AMM would be sufficient for providing instruction to retain the critical ignition source prevention features. Although we understand Airbus's concerns and welcome any feedback that would improve the readability or usability of an AD, the suggested language is too vague to be legally enforceable, so we cannot use it in this AD. We understand that Airbus has revised its airworthiness limitations document. However, according to section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), no person may operate a product unless the requirements of an applicable AD have been met. The burden is placed on the operator, not on the manufacturer, to ensure that the requirements of an AD are met. The requirement, as stated in the NPRM, is for the operator to revise its copy of the airworthiness limitations document. This ensures that each affected operator maintains a current copy of the required airworthiness limitations. Concerning Airbus's statement that paragraph
(h)of the NPRM does not clearly specify what an operator is expected to with the CDCCLs, we clarify that paragraph
(h)requires affected operators to revise their copies of the airworthiness limitations document to include the CDCCL requirements. This is the only requirement imposed under this AD for CDCCLs; once this revision has been accomplished, compliance with paragraph
(h)of this AD has been completed. Subsequently, section 91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c)) requires an affected operator to comply with the revised Airworthiness Limitations document. Ensuring that one's maintenance program and the actions of its maintenance personnel are in accordance with the Airworthiness Limitations is required, but not by the AD. According to 14 CFR 91.403(c), no person may operate an aircraft for which airworthiness limitations have been issued unless those limitations have been complied with. Therefore, there is no need to further expand the requirements of the AD beyond that which was proposed because 14 CFR 91.403(c) already imposes the appropriate required action after the airworthiness limitations are revised. We have not changed this AD in this regard. Request To Cite Airbus ALS Part 5 Airbus disagrees with the statement that it has not yet published a document titled, “Airbus ALS Part 5, Fuel Airworthiness Limitations,” for Model A300 series airplanes. We made that statement in the “Clarification of Service Information” section of the NPRM. Airbus acknowledges that Document 95A.1928/05 has not yet been written in the ALS Part 5 format, but that it intends to do so after Issue 2 of Document 95A.1928/05 has been approved. Airbus states that EASA airworthiness directive 2007-0094 R1 correctly refers to Document 95A.1928/05, since that document contains the actual limitations. We infer that Airbus requests we revise paragraphs
(f)and
(h)of this AD to incorporate the information in “ * * * Airbus ALS Part 5, Fuel Airworthiness Limitations, as defined in Airbus A300 Fuel Airworthiness Limitations, Document 95A.1928/05. * * *” We agree that the relevant fuel airworthiness limitations are specified in Document 95A.1928/05. In review of the service information Airbus has published on-line, we could not find any document titled “Airbus ALS Part 5, Fuel Airworthiness Limitations.” The Office of the Federal Register
(OFR)requires that we incorporate by reference all the documents that are necessary for accomplishing the requirements of this AD. Further, we are required to cite the document title exactly as it appears on the document. Since the limitations are in Document 95A.1928/05, we do not need to refer to Airbus ALS Part 5. We have not changed this AD in this regard. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 30 airplanes of U.S. registry. The required actions take about 2 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $4,800, or $160 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-22-03 Airbus:** Amendment 39-15239. Docket No. FAA-2007-27927; Directorate Identifier 2006-NM-182-AD. Effective Date
(a)This AD becomes effective November 28, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to all Airbus Model A300 series airplanes, certificated in any category, except Airbus Model A300-600 series airplanes. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections and critical design configuration control limitations (CDCCLs). Compliance with the operator maintenance documents is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections and CDCCLs, the operator may not be able to accomplish the inspections and CDCCLs described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph
(j)of this AD. The request should include a description of changes to the required inspections and CDCCLs that will preserve the critical ignition source prevention feature of the affected fuel system. Unsafe Condition
(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors caused by latent failures, alterations, repairs, or maintenance actions, could result in fuel tank explosions and consequent loss of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Revise Airworthiness Limitations Section
(ALS)To Incorporate Fuel Maintenance and Inspection Tasks
(f)Within 3 months after the effective date of this AD, revise the ALS of the Instructions for Continued Airworthiness to incorporate Airbus A300 Fuel Airworthiness Limitations, Document 95A.1928/05, Issue 2, dated May 11, 2007 (approved by the European Aviation Safety Agency
(EASA)on July 6, 2007), Section 1, “Maintenance/Inspection Tasks.” For all tasks identified in Section 1 of Document 95A.1928/05, the initial compliance times start from the later of the times specified in paragraphs (f)(1) and (f)(2) of this AD, and the repetitive inspections must be accomplished thereafter at the intervals specified in Section 1 of Document 95A.1928/05, except as provided by paragraph
(g)of this AD.
(1)The effective date of this AD.
(2)The date of issuance of the original French standard airworthiness certificate or the date of issuance of the original French export certificate of airworthiness. Note 2: Airbus Operator Information Telex SE 999.0079/07, Revision 01, dated August 14, 2007, identifies the applicable sections of the Airbus A300 airplane maintenance manual necessary for accomplishing the tasks specified in Section 1 of Document 95A.1928/05. Initial Compliance Time for Task 28-18-00-03-1
(g)For Task 28-18-00-03-1 identified in Section 1 of Document 95A.1928/05, “Maintenance/Inspection Tasks,” of Airbus A300 Fuel Airworthiness Limitations, Document 95A.1928/05, Issue 2, dated May 11, 2007 (approved by the EASA on July 6, 2007): The initial compliance time is the later of the times specified in paragraphs (g)(1) and (g)(2) of this AD. Thereafter, Task 28-18-00-03-1 must be accomplished at the repetitive interval specified in Section 1 of Document 95A.1928/05.
(1)Prior to the accumulation of 40,000 total flight hours.
(2)Within 72 months or 20,000 flight hours after the effective date of this AD, whichever occurs first. Revise ALS To Incorporate CDCCLs
(h)Within 12 months after the effective date of this AD, revise the ALS of the Instructions for Continued Airworthiness to incorporate Airbus A300 Fuel Airworthiness Limitations, Document 95A.1928/05, Issue 2, dated May 11, 2007 (approved by the EASA on July 6, 2007), Section 2, “Critical Design Configuration Control Limitations.” No Alternative Inspections, Inspection Intervals, or CDCCLs
(i)Except as provided by paragraph
(j)of this AD: After accomplishing the actions specified in paragraphs
(f)and
(h)of this AD, no alternative inspections, inspection intervals, or CDCCLs may be used. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information
(k)EASA airworthiness directive 2007-0094 R1, dated May 2, 2007, also addresses the subject of this AD. Material Incorporated by Reference
(l)You must use Airbus A300 Fuel Airworthiness Limitations, Document 95A.1928/05, Issue 2, dated May 11, 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 Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Renton, Washington, on October 15, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20820 Filed 10-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27560; Directorate Identifier 2006-NM-211-AD; Amendment 39-15198; AD 2007-19-07] RIN 2120-AA64 Airworthiness Directives; Boeing Model 757-200, -200PF, and -200CB Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain Boeing Model 757-200, -200PF, and -200CB series airplanes. This AD requires inspections to detect scribe lines and cracks of the fuselage skin, lap joints, circumferential butt splice strap, and external and internal approved repairs; and related investigative/corrective actions if necessary. This AD results from reports of scribe lines adjacent to the skin lap joints. We are issuing this AD to detect and correct cracks, which could grow and cause rapid decompression of the airplane. DATES: This AD becomes effective November 28, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of November 28, 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: Dennis Stremick, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425)917-6450; 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 would apply to certain Boeing Model 757-200, -200PF, and -200CB series airplanes. That NPRM was published in the **Federal Register** on March 15, 2007 (72 FR 12125). That NPRM proposed to require inspections to detect scribe lines and cracks of the fuselage skin, lap joints, circumferential butt splice strap, and external and internal approved repairs; and related investigative/corrective actions if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Support for the NPRM Boeing, Continental Airlines (CAL), and the National Transportation Safety Board
(NTSB)support the NPRM. Request To Extend Rulemaking to Additional Airplanes The NTSB asserts that scribe lines could be present on virtually every pressurized airplane in service. The NTSB requests that we examine and expedite similar rulemaking for other makes and models of airplanes in addition to the Model 757 airplanes subject to the NPRM. We acknowledge the NTSB's concerns. The unsafe condition identified in this action is a long-term durability issue that might not be limited to any particular airplane model. The potential consequences for each airplane model will vary with each model's design characteristics and operating conditions. To this end, we have coordinated efforts with other governing regulatory agencies and other manufacturers to investigate the existence of scribe lines on other airplanes and any potential safety risks associated with such scribe lines. As a result of these efforts, we might consider similar rulemaking on other airplanes. Pending the inspection results provided in the reports required by this AD, we might consider further rulemaking to require inspections on Model 757-300 airplanes. And we are considering similar rulemaking for Boeing Model 747 airplanes. We have already issued an AD for all Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes (AD 2006-07-12, amendment 39-14539, 71 FR 16211, March 31, 2006). Request To Revise Compliance Time Continental Airlines
(CAL)believes that the accomplishment timetables in Boeing Service Bulletin 757-53A0092, Revision 1, dated January 10, 2007, for approved repairs are overly conservative. CAL notes that scribe lines on flush repairs are not considered critical on Model 737 airplanes, and AD 2006-07-12 does not require similar inspections for those airplanes. CAL compares compliance times for initial scribe line inspections with those for approved repair inspections, and asserts that the proposed repair inspection would occur in a line environment without benefit of the support offered during a heavy maintenance check. CAL notes that no crack attributable to scribe lines has ever been found on the Model 757 fleet and that the Model 757 scribe line program is extrapolated from the Model 737 program; in the Model 737 scribe line inspection program all approved repair inspections generally coincide in accomplishment timeframe with the main scribe line program. Therefore CAL requests that we revise the accomplishment timetables of the approved repair section of the 757 scribe line program to better coincide with the mainline program. We disagree with the request. The timetables, developed by Boeing in cooperation with the 757 Scribe Line Working Group, are based on extensive technical evaluation and analysis to reflect the differences in construction between the two models. In determining the appropriateness of the proposed compliance times, we considered the average utilization rate of the affected fleet, the practical aspects of an orderly inspection of the fleet during regular maintenance periods. We have determined that the compliance times, as proposed, will ensure an acceptable level of safety. We have not changed the final rule regarding this issue. Request for Limited Return to Service
(LRTS)Program for Zone C Continental Airlines
(CAL)notes that Table 5 (paragraph 1.E.) of the service bulletin specifies inspections for scribe lines on approved repairs in Zone C but provides no limited return to service
(LRTS)program if scribe lines are found. CAL notes that these inspections will be required much earlier than other inspections in the program. Due to their urgent nature, these inspections will be required to be done in a line maintenance environment, instead of a longer span heavy check. CAL concludes that the lack of a readily available approved LRTS for any scribe lines found during these inspections would have a significantly negative impact on its operation. CAL believes that typical scribe lines found on such repairs should have an approved LRTS for several reasons. No scribe lines on approved repairs have resulted in cracks on the Model 757 fleet. Approved repairs on Model 757 skins would by definition include enough static strength to contain the damage to the local area, as well as damage tolerance analysis as mandated by section 25.571 of the Federal Aviation Regulations (14 CFR 25.571). Even if analysis is not ready for such repairs, CAL suggests imposing the most conservative inspection interval of 250 flight cycles, as specified in the Model 737 LRTS program, so that an airline could continue its operation until a more permanent disposition can be approved by Boeing and the FAA. We disagree. Providing repair instructions in the service bulletin for all possible repair conditions is not feasible. The LRTS program must be customized for individual repair configurations. For Zone C, the service bulletin specifies contacting Boeing for additional analysis and an LRTS program. We have not changed the final rule regarding this issue. Request To Revise LRTS Inspection Interval Because no cracking has been found on Model 757 airplanes, American Airlines requests that we relax the proposed interval for the LRTS inspections. First, the commenter requests that we revise the NPRM to allow operators to inspect at the next scheduled C-check (as an option to the proposed flight-cycle interval). Second, the commenter requests that subsequent inspections be done within an applicable flight-cycle interval, or at the next scheduled C-check after the last LRTS inspection. Third, the commenter requests that we extend the interval for an LRTS inspection, which includes the decal inspection area in Zone C, from 1,000 flight cycles, which the commenter finds overly frequent, to 1,500 flight cycles, which is in line with the other intervals for similar inspection areas. We disagree with the requests. The intervals were developed by Boeing in conjunction with the Model 757 scribeline working group based on analysis and technical evaluations to reflect the Model 757's unique construction details and stresses. We have determined that the proposed compliance times represent the maximum intervals allowable for affected airplanes to continue to safely operate before the inspections are done. Since maintenance schedules vary among operators, there would be no assurance that the airplane would be inspected during the maximum interval if we were to allow operators the option of inspecting at the next C-check. We have not changed the final rule regarding this issue. Request for Repair Instructions Air Transport Association (ATA), on behalf of its member American Airlines, requests that repair instructions be included in the service bulletin because requiring FAA approval of each specific repair adds undue complexity and delay to the process. We disagree. Each repair will likely be unique and tailored for specific conditions. It would be impossible to identify repairs that would adequately address all possible findings in all possible locations. We have not changed the final rule regarding this issue. Request To Clarify Compliance Times ATA, on behalf of American Airlines, considers the compliance time information specified in the NPRM vague and requests that we revise the NPRM to simply state that the compliance times specified in the service bulletin will be mandated by the AD. We disagree with the need to clarify the compliance times in the NPRM. Paragraph 1.E. is the standard location of compliance time information in a service bulletin. The NPRM specified doing the actions “within the applicable times specified in paragraph 1.E. of the service bulletin.” The times specified in the service bulletin are clear and specific. We have not changed the final rule regarding this issue. Request for Alternative Inspection Method: Zones A and B Northwest Airlines
(NWA)requests an alternative inspection method for the inspections specified in the NPRM for the lap joints and external repairs in Zones A and B. NWA's proposal would allow operators to do an ultrasonic phased-array inspection without stripping the paint from the affected locations, and eventually (before 50,000 total flight cycles or at the next scheduled fuselage paint removal, whichever occurs first) stripping the paint from affected locations and inspecting for scribe lines as specified in the service bulletin. (The ultrasonic phased-array inspection is described in the Boeing 757 NDT Manual, Part 4, Section 53-00-02.) NWA believes that its proposal would eliminate the need to strip the paint, and yet allow the detection of cracks before they reach an unacceptable length, thereby providing an acceptable level of safety. NWA adds that these procedures would delay the unsightly stripping of selected lap splice areas on an airplane until repainting the entire fuselage was necessary. We disagree with the request. The fay surface sealant in the lap joints significantly attenuates the ultrasonic signal, and would affect the accuracy of the inspection results. This assessment has been coordinated with Boeing. Further, ultrasonic inspections can detect only cracks—not scribe lines. We have not changed the final rule regarding this issue. However, paragraph
(j)of the final rule provides operators the opportunity to request an alternative method of compliance if the request includes data that prove that the new method would provide an acceptable level of safety. Request for Alternative Inspection Method: Parts 9 and 10 Northwest Airlines
(NWA)requests that we revise the proposed requirements for the scribe line inspection and LRTS program (Part 9 and Part 10, respectively, of the service bulletin). Part 9 and Part 10 specify surface high frequency eddy current
(HFEC)inspections from the butt joint forward of the affected scribe line to the butt joint aft of the affected scribe line, using the Boeing 757 NDT, Part 6, 51-00-01 or 757 NDT, Part 6, 51-00-19 if the scribe line is greater than 0.063 inch from the lower edge of the upper skin. NWA reports that Boeing has indicated that the HFEC inspection procedure local to scribe lines greater than 0.063 inch from the lower edge of the upper skin would be structurally satisfactory if an ultrasonic inspection specified in the 757 NDT Manual, Part 4, 53-00-01 or 53-00-02 is accomplished from the butt joint forward of the affected scribe line to the butt joint aft of the affected scribe line. In addition, NWA understands that an AMOC to AD 2006-07-12 has been granted for Model 737 airplanes for a similar inspection technique. This process reduces the area required to be inspected using pencil probes and will reduce the time required for inspection. NWA requests that we revise the NPRM to include the alternative inspection instead of considering this option only through the AMOC process. We partially agree with this request. While Model 737 airplanes use the ultrasonic inspection from the butt joint forward to the butt joint aft of the affected scribe line, and a HFEC inspection local to scribe lines greater than 0.063 inch from the lower edge of the upper skin, this technique has not yet been confirmed to be acceptable for use on Model 757 airplanes. We are working with Boeing to determine if this inspection technique can be used on the Model 757 airplanes. If this technique is acceptable, a fleetwide AMOC might be issued to allow this technique. We have not changed the final rule regarding this issue. Request for Provisions for Converted Airplanes FedEx reports that it will convert about 90 passenger airplanes into special freighters. FedEx considers these airplanes, after conversion, to most closely resemble Group 6 airplanes, as that Group is defined in the service bulletin. FedEx requests that we revise the NPRM to do the following: Consider possible prorated compliance times; identify the appropriate Group for converted airplanes; omit the inspection area for decals forward of BS 661, where a new panel was installed during conversion; omit the inspection of the butt joint at BS 660; and define the areas, compliance times, and damage limits for the inspection of the upper skins for decals aft of BS 660. According to FedEx, providing these conditions in the AD instead of an AMOC would be more expeditious. We disagree with the request. FedEx provided no details of the conversion modification, so we cannot evaluate the merits of the claim that these airplanes are similar to Group 6 airplanes. However, under the provisions of paragraph
(j)of the final rule, we may approve requests for airplane group reassignments, if details of the modification are provided that would substantiate that reassigning these airplanes to Group 6 would be appropriate and provide an acceptable level of safety. We have not changed the final rule regarding this issue. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 945 airplanes of the affected design in the worldwide fleet; of these, about 634 are U.S.-registered airplanes. The following table provides the estimated costs for U.S. operators to comply with this AD. There are no U.S.-registered airplanes in Group 5 or Group 6. Estimated Costs Inspections Work hours Average labor rate per hour Cost per airplane Number of U.S.-registered airplanes Fleet cost Group 1 127 $80 $10,160 144 $1,463,040 Group 2 122 80 9,760 6 58,560 Group 3 154 80 12,320 75 924,000 Group 4 128 80 10,240 409 4,188,160 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-19-07 Boeing:** Amendment 39-15198. Docket No. FAA-2007-27560; Directorate Identifier 2006-NM-211-AD. Effective Date
(a)This AD becomes effective November 28, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 757-200, -200PF, and -200CB series airplanes, certificated in any category; as identified in Boeing Service Bulletin 757-53A0092, Revision 1, dated January 10, 2007. Unsafe Condition
(d)This AD results from reports of scribe lines adjacent to the fuselage skin lap joints. We are issuing this AD to detect and correct cracks, which could grow and cause rapid decompression of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspections
(f)Perform detailed inspections to detect scribe lines and cracks of the fuselage skin, lap joints, circumferential butt splice strap, and external and internal approved repairs; and perform related investigative and corrective actions. Do the actions in accordance with the Accomplishment Instructions of Boeing Service Bulletin 757-53A0092, Revision 1, dated January 10, 2007, except as required by paragraph
(g)of this AD. Do the actions within the applicable compliance times specified in paragraph 1.E. of the service bulletin, except as required by paragraph
(h)of this AD. Exceptions to Service Bulletin Specifications
(g)Where Boeing Service Bulletin 757-53A0092, Revision 1, dated January 10, 2007, specifies to contact Boeing for appropriate repair instructions, repair using a method approved in accordance with the procedures specified in paragraph
(j)of this AD.
(h)Boeing Service Bulletin 757-53A0092, Revision 1, dated January 10, 2007, specifies compliance times relative to the date of issuance of the service bulletin; however, this AD requires compliance before the specified compliance time relative to the effective date of the AD. Credit for Prior Accomplishment
(i)Inspections done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 757-53A0092, dated September 18, 2006, are acceptable for compliance with the corresponding requirements of paragraph
(f)of this AD. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane. Material Incorporated by Reference
(k)You must use Boeing Service Bulletin 757-53A0092, Revision 1, dated January 10, 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 October 15, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20816 Filed 10-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket FAA No. FAA-2007-27911; Airspace Docket No. 07-ANM-8] Establishment of Class E Airspace; Hailey, ID AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. SUMMARY: This action corrects a final rule published in the **Federal Register** August 30, 2007 (72 FR 50046), Airspace Docket No. 07-ANM-8, FAA Docket No. FAA-2007-27911. In that rule, an error was made in the legal description for Hailey, ID. Specifically, the longitude referencing Friedman Memorial Airport, ID stated “* * *long. 114°17′45″ W.” instead of “* * *long.114°17′44″ W.” This action corrects that error. DATES: *Effective Date:* 0901 UTC, December 20, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation Administration, System Support Group, Western Service Area, 1601 Lind Avenue, SW., Renton, WA 98057; telephone
(425)917-6726. SUPPLEMENTARY INFORMATION: History On August 30, 2007, a final rule for Airspace Docket No. 07-ANM-8, FAA Docket No. FAA-2007-27911 was published in the **Federal Register** (72 FR 50046), establishing Class E airspace in Hailey, ID. The longitude referencing Friedman Memorial Airport, ID was incorrect in that the longitude stated “* * *114°17′45″ W.” instead of “* * *long.114°17′44″ W.” This action corrects that error. Correction to Final Rule Accordingly, pursuant to the authority delegated to me, the legal description as published in the **Federal Register** on August 30, 2007 (72 FR 50046), Airspace Docket No. 07-ANM-8, FAA Docket No. FAA-2007-27911, and incorporated by reference in 14 CFR 71.1, is corrected as follows: § 71.1 [Amended] On page 50047, correct the legal description for Hailey, ID, to read as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ANM ID, E5 Hailey, ID [Corrected] Friedman Memorial Airport, ID (lat. 43°30′14″ N., long. 114°17′44″ W.) That airspace extending upward from 700 feet above the surface within a 5.5-mile radius of Friedman Memorial Airport, and within 2 miles west and 5.5 miles east of the 328° bearing from the airport extending from the 5.5-mile radius to 10 miles northwest of the airport, and within 2 miles west and 4 miles east of the 159° bearing from the airport extending from the 5.5-mile radius to 15.5 miles southeast of the airport; that airspace extending upward from 1,200 feet above the surface bounded by a line beginning at lat. 44°00′00″ N., long. 114°55′00″ W., thence to lat. 44°00′00″ N., long. 113°53′00″ W., thence to lat. 43°00′00″ N., long. 113°49′00″ W., thence to lat. 43°00′00″ N., long. 114°55′00″ W., thence to point of beginning. Issued in Seattle, Washington, on October 5, 2007. Clark Desing, Manager, System Support Group, Western Service Center. [FR Doc. E7-20796 Filed 10-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 740 and 744 [Docket No. 071018609-7611-01] RIN 0694-AE17 Burma: Revision of the Export Administration Regulations AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. SUMMARY: In response to the Government of Burma's continued repression of the democratic opposition in Burma, and consistent with Executive Order 13310 of July 28, 2003 and Executive Order 13448 of October 18, 2007, this final rule amends the Export Administration Regulations
(EAR)to move Burma into more restrictive country groupings and impose a license requirement for exports, reexports or transfers of most items subject to the EAR to persons listed in or designated pursuant to Executive Orders 13310 and 13448. DATES: *Effective Date:* This rule is effective October 24, 2007. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. ADDRESSES: You may submit comments, identified by RIN 0694-AE17 (Burma), by any of the following methods: *E-mail: publiccomments@bis.doc.gov* Include “RIN 0694-AE17 (Burma)” in the subject line of the message. *Fax:*
(202)482-3355. Please alert the Regulatory Policy Division, by calling
(202)482-2440, if you are faxing comments. *Mail or Hand Delivery/Courier:* Sheila Quarterman, U.S. Department of Commerce, Bureau of Industry and Security, Regulatory Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, Attn: RIN 0694-AE17 (Burma). Send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to David Rostker, Office of Management and Budget (OMB), by e-mail to *David_Rostker@omb.eop.gov* , or by fax to
(202)395-7285; and to the Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. Comments on this collection of information should be submitted separately from comments on the final rule (i.e. RIN 0694-AE17 (Burma))—all comments on the latter should be submitted by one of the three methods outlined above. FOR FURTHER INFORMATION CONTACT: Joan Roberts, Acting Director, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044; Telephone:
(202)482-4252, or E-mail: *jroberts@bis.doc.gov.* SUPPLEMENTARY INFORMATION Background The United States enacted an arms embargo against Burma in 1993 (58 FR 33293). Additionally, in 2003, pursuant to Executive Order 13310 (July 28, 2003) and other relevant authorities, the U.S. imposed economic sanctions, including a ban on all imports from Burma, a ban on the export of financial services by U.S. persons to Burma, and an asset freeze on certain Burmese individuals and entities. Executive Order 13310 listed certain persons in its Annex and set forth criteria for designation of additional persons. In response to the Government of Burma's continued repression of the democratic opposition in Burma, the President issued Executive Order (E.O.) 13448 of October 18, 2007, listing certain persons in the Annex as subject to sanctions administered by the Department of the Treasury, Office of Foreign Assets Control
(OFAC)and setting forth criteria for designation of additional persons by OFAC. Consistent with Executive Orders 13310 and 13448, and the Trade Sanctions Reform and Export Enhancement Act (Title IX of Pub. L. 106-387), this final rule amends the EAR to impose a license requirement for exports, reexports or transfers of items subject to the EAR to persons listed in or designated pursuant to Executive Orders 13310 or 13448, except for agricultural commodities, medicine, or medical devices classified as EAR99 and destined for entities listed in or designated pursuant to those orders. All persons listed in or designated pursuant these Executive Orders are identified with the reference [BURMA] on OFAC's list of Specially Designated Nationals and Blocked Persons set forth in Appendix A to 31 CFR Chapter V and on OFAC's Web site at *http://www.treas.gov/OFAC* . This rule creates a new § 744.22 to set forth this new license requirement. Further, in part 740 of the EAR (License Exceptions), this rule moves Burma from Computer Tier 1 to Computer Tier 3, restricting access to high-performance computers and related technology and software under License Exception APP (Section 740.7). In Supplement No. 1 to part 740 (Country Groups), this rule moves Burma from Country Group B (countries raising few national security concerns) to Country Group D:1 (countries raising national security concerns), which further limits the number of license exceptions available for exports to Burma. Burma will remain in Country Group D:3 (countries raising proliferation concerns related to chemical and biological weapons). Consistent with the provisions of section 6 of the Export Administration Act of 1979, as amended (EAA), a foreign policy report was submitted to Congress on October 19, 2007, notifying Congress of the imposition of foreign policy-based licensing requirements reflected in this rule. Although the EAA expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), which has been extended by successive Presidential Notices, the most recent being that of August 15, 2007 (72 Fed. Reg. 46137 (Aug. 16, 2007)), has continued the EAR in effect under the International Emergency Economic Powers Act. Saving Clause Shipments of items removed from eligibility for export or reexport under a license exception or without a license (i.e., under the designator “NLR”) as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export, on November 23, 2007, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previously applicable license exception or without a license
(NLR)so long as they are exported or reexported before December 10, 2007. Any such items not actually exported or reexported before midnight, on December 10, 2007, require a license in accordance with this regulation. Rulemaking Requirements 1. This final rule has been determined to be significant for purposes of E.O. 12866. U.S. trade with Burma is generally limited to non-strategic goods (e.g., biotechnology, electronic, and life sciences). In 2006, the value of trade between the two countries totaled $7.5 million. Since 1997, BIS has processed only 21 license applications, approving 14 valued at $3.31 million for exports primarily for items in the oil sector. The changes made by this rule primarily affect strategic items controlled for national security reasons, including high-performance computers. This analysis demonstrates that this rule is not expected to impact significantly U.S. trade with Burma as a whole but is tailored to effectively prevent the benefit of trade to certain persons in Burma or related to the situation in Burma, as identified, in order to implement an important U.S. foreign policy objective. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) (PRA), unless that collection of information displays a currently valid Office of Management and Budget
(OMB)Control Number. This rule involves two collections of information subject to the PRA. One of the collections has been approved by OMB under control number 0694-0088, “Multi-Purpose Application,” and carries a burden hour estimate of 58 minutes for a manual or electronic submission. Send comments regarding these burden estimates or any other aspect of these collections of information, including suggestions for reducing the burden, to OMB Desk Officer, New Executive Office Building, Washington, DC 20503; and to the Office of Administration, Bureau of Industry and Security, Department of Commerce, 14th and Pennsylvania Avenue, NW., Room 6883, Washington, DC 20230. 3. This rule does not contain policies with Federalism implications as that term is defined under E.O. 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are not applicable. Therefore, this regulation is issued in final form. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Sheila Quarterman, Office of Exporter Services, Bureau of Industry and Security, Department of Commerce, P.O. Box 273, Washington, DC 20044. List of Subjects 15 CFR Part 740 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. Accordingly, parts 740 and 744 of the Export Administration Regulations (15 CFR parts 730-774) are amended as follows: PART 740—[AMENDED] 1. The authority citation for part 740 continues to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). 2. Section 740.7 is amended by: a. Removing “Burma” from paragraph (c); and b. Revising paragraph (d)(1) to read as follows: § 740.7 Computers (APP).
(d)*Computer Tier 3 destinations* .
(1)*Eligible destinations* . Eligible destinations under paragraph
(d)of this section are: Afghanistan, Albania, Algeria, Andorra, Angola, Armenia, Azerbaijan, Bahrain, Belarus, Bosnia & Herzegovina, Burma, Cambodia, China (People's Republic of), Comoros, Croatia, Djibouti, Egypt, Georgia, India, Iraq, Israel, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Laos, Lebanon, Libya, Macau, Macedonia (The Former Yugoslav Republic of), Mauritania, Moldova, Mongolia, Montenegro, Morocco, Oman, Pakistan, Qatar, Russia, Saudi Arabia, Serbia, Tajikistan, Tunisia, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan, Vanuatu, Vietnam, and Yemen. 3. Supplement No. 1 to part 740—Country Groups is amended by: a. Removing the entry “Burma” from Country Group B; and b. Adding an entry “Burma” to Country Group D to read as follows: Supplement No. 1 to Part 740—Country Groups Country Group D Country [D:1] National Security [D:2] Nuclear [D:3] Chemical & Biological [D:4] Missile Technology * * * * * * * Burma X X * * * * * * * PART 744—[AMENDED] 4. The authority citation for part 744 is revised to read as follows: Authority: 50 U.S.C. app. 2401 *et seq.* ; 50 U.S.C. 1701 *et seq.* ; 22 U.S.C. 3201 *et seq.* ; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13310, 68 FR 44853, 3 CFR 2003 Comp., p. 241; E.O. 13448; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006); Notice of August 15, 2007, 72 FR 46137 (August 16, 2007). 5. A new § 744.22 is added to read as follows: § 744.22 Restrictions on Exports, Reexports and Transfers to Persons Listed in or Designated Pursuant to Executive Orders 13310 and 13448. Consistent with Executive Order 13310 of July 28, 2003 and Executive Order 13448 of October 18, 2007 (“Blocking Property and Prohibiting Certain Transactions Related to Burma”), BIS maintains restrictions on exports, reexports, and transfers to persons listed in or designated pursuant to Executive Orders 13310 and 13448. These persons include individuals and entities listed in the Annexes to Executive Orders 13310 or 13448, as well as other persons designated pursuant to criteria set forth in those orders.
(a)*License Requirements* .
(1)A license requirement applies to the export, reexport, or transfer of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices classified as EAR99 and destined for entities listed in or designated pursuant to Executive Orders 13310 and 13448) to—
(i)Persons listed in the Annexes to Executive Order 13310 of July 28, 2003 or Executive Order 13448 of October 18, 2007; or
(ii)Persons designated pursuant to Executive Order 13310 or Executive Order 13448. Note to paragraph (a)(1): OFAC includes these persons with the reference [BURMA] on its list of Specially Designated Nationals and Blocked Persons set forth in Appendix A to 31 CFR Chapter V and on its Web site at *http://www.treas.gov/OFAC* .
(2)To avoid duplication, U.S. persons are not required to seek separate BIS authorization for an export, reexport, or transfer to a person identified in paragraph
(a)of this section of any item subject to both the EAR and regulations maintained by OFAC. Therefore, if OFAC authorizes an export from the United States or an export, reexport, or transfer by a U.S. person to a person identified in paragraph
(a)of this section, no separate authorization from BIS is necessary.
(3)U.S. persons must seek authorization from BIS for the export, reexport, or transfer to a person identified in paragraph
(a)of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices classified as EAR99 and destined for entities listed in or designated pursuant to Executive Orders 13310 and 13448) but not subject to regulations maintained by OFAC.
(4)Non-U.S. persons must seek authorization from BIS for the export from abroad, reexport, or transfer to a person identified in paragraph
(a)of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices classified as EAR99 and destined for entities listed in or designated pursuant to Executive Orders 13310 and 13448).
(5)Any export, reexport, or transfer to a person identified in paragraph
(a)of this section by a U.S. person of any item subject both to the EAR and regulations maintained by OFAC and not authorized by OFAC is a violation of the EAR.
(6)Any export, reexport, or transfer by a U.S. person to a person identified in paragraph
(a)of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices classified as EAR99 and destined for entities listed in or designated pursuant to Executive Orders 13310 and 13448) that is not subject to regulations maintained by OFAC and not authorized by BIS is a violation of the EAR. Any export from abroad, reexport, or transfer by a non-U.S. person to a person identified in paragraph
(a)of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices classified as EAR99 and destined for entities listed in or designated pursuant to Executive Orders 13310 and 13448) and not authorized by BIS is a violation of the EAR.
(7)These licensing requirements supplement any other requirements set forth elsewhere in the EAR.
(b)*Exceptions* . No License Exceptions or other BIS authorizations are available for export, reexport, or transfer to a person identified in paragraph
(a)of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices classified as EAR99 and destined for entities listed in or designated pursuant to Executive Orders 13310 and 13448).
(c)*Licensing policy* . Applications for licenses for the export, reexport, or transfer to a person identified in paragraph
(a)of this section of any item subject to the EAR (except for agricultural commodities, medicine, or medical devices classified as EAR99 and destined for entities listed in or designated pursuant to Executive Orders 13310 and 13448) will generally be denied. You should consult with OFAC concerning transactions subject to OFAC licensing requirements.
(d)*Contract sanctity* . Contract sanctity provisions are not available for license applications reviewed under this section, except as available under 31 CFR 537.210(c). Dated: October 18, 2007. Christopher A. Padilla, Assistant Secretary for Export Administration. [FR Doc. E7-20962 Filed 10-23-07; 8:45 am] BILLING CODE 3510-33-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9339] RIN 1545-BG44 Qualified Zone Academy Bonds; Obligations of States and Political Subdivisions; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. SUMMARY: This document contains a correction to final and temporary regulations (TD 9339) that were published in the **Federal Register** on Friday, September 14, 2007 (72 FR 52470) providing guidance to state and local governments that issue qualified zone academy bonds and to banks, insurance companies, and other taxpayers that hold those bonds on the program requirements for qualified zone academy bonds. DATES: The correction is effective October 24, 2007. FOR FURTHER INFORMATION CONTACT: Timothy L. Jones or Zoran Stojanovic,
(202)622-3980 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final and temporary regulations (TD 9339) that are the subject of this correction are under section 1397E of the Internal Revenue Code. Need for Correction As published, final and temporary regulations (TD 9339) contain an error that may prove to be misleading and are in need of clarification. List of Subject in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following amendment: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 1.1397E-1T is amended by revising paragraph (i)(6) to read as follows: § 1.1397E-1T Qualified zone academy bonds (temporary).
(i)* * *
(6)*Certain defeasance escrow earnings.* With respect to a defeasance escrow established in a remedial action for an issue of QZABs that meets the special rebate requirement under paragraph (h)(7)(ii)(C)( *2* ) of this section, the QZAB issuer is treated as ineligible for the small issuer exception to arbitrage rebate under section 148(f)(4)(D) and paragraph (i)(5) of this section and compliance with that special rebate requirement is treated as satisfying applicable arbitrage investment restrictions under section 148 for that defeasance escrow. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7-20859 Filed 10-23-07; 8:45 am] BILLING CODE 4830-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 Outer Continental Shelf Air Regulations CFR Correction In Title 40 of the Code of Federal Regulations, Parts 53 to 59, revised as of July 1, 2007, in Appendix A to Part 55, on page 143, in the second column, above paragraph (b), the heading and paragraph
(a)for California are reinstated to read as follows: Appendix A to Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State California
(a)State requirements.
(1)The following requirements are contained in *State of California Requirements Applicable to OCS Sources* , February 2006: Barclays California Code of Regulations The following sections of Title 17 Subchapter 6: 17 § 92000—Definitions (Adopted 5/31/91) 17 § 92100—Scope and Policy (Adopted 5/31/91) 17 § 92200—Visible Emission Standards (Adopted 5/31/91) 17 § 92210—Nuisance Prohibition (Adopted 5/31/91) 17 § 92220—Compliance with Performance Standards (Adopted 5/31/91) 17 § 92400—Visible Evaluation Techniques (Adopted 5/31/91) 17 § 92500—General Provisions (Adopted 5/31/91) 17 § 92510—Pavement Marking (Adopted 5/31/91) 17 § 92520—Stucco and Concrete (Adopted 5/31/91) 17 § 92530—Certified Abrasive (Adopted 5/31/91) 17 § 92540—Stucco and Concrete (Adopted 5/31/91) 17 § 93115—Airborne Toxic Control Measure for Stationary Compression Ignition Engines (Adopted 2/26/04) Health and Safety Code The following section of Division 26, Part 4, Chapter 4, Article 1: Health and Safety Code § 42301.13 of *seq.* Stationary sources: demolition or removal (chaptered 7/25/96) [FR Doc. 07-55521 Filed 10-23-07; 8:45 am]
Connectionstraces to 19
Traces to 19 documents
register
U.S. Code
- Federal Aviation Administration§ 106
- Purposes§ 3501
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Rule making§ 553
- Definitions§ 601
- Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities§ 1701
- Congressional declaration of policy§ 3201
- Regulations implementing requirements relating to licensing for components and other parts of facilities§ 2139a
- Rules and regulations§ 7805
14 references not yet in our index
- 14 CFR 39
- 14 CFR 135
- 1 CFR 51
- 14 CFR 71
- Pub. L. 106-387
- 72 FR 46137
- 15 CFR 740
- 15 CFR 744
- Pub. L. 107-56
- 3 CFR 2003
- 31 CFR 537.210(c)
- 26 CFR 1
- T.D. 9339
- 40 CFR 55
Citation graph
cites case law
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Final rule
Cite14 CFR 39
Cite14 CFR 135
Cite1 CFR 51
Cites 33 · showing 12Cited by 0 across 0 sources