Unknown. Final rule
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/register/2007/11/20/07-5759A 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-2007-11-20.xml --- 72 223 Tuesday, November 20, 2007 Contents AID Agency for International Development NOTICES Senior Executive Service Performance Review Board; membership, 65288 07-5771 Agriculture Agriculture Department See Forest Service Alcohol Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Alcohol; viticultural area designations: American viticultural areas establishment regulations; revision, 65261-65275 E7-22717 Calistoga, Napa County, CA, 65256-65261 E7-22715 Civil Civil Rights Commission NOTICES Meetings;
State advisory committees: Mississippi, 65291 E7-22606 Utah, 65291 E7-22609 Virginia, 65291-65292 E7-22605 Coast Guard Coast Guard PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Bradley Point, West Haven, CT, 65275-65278 E7-22613 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Meetings:
Agricultural Advisory Committee, 65306 E7-22676 Defense Defense Department See Navy Department NOTICES Arms sales notification; transmittal letter, etc., 65306-65314 07-5756 07-5757 Meetings: Defense Policy Board Advisory Committee, 65314 07-5755 Defense Science Board, 65315 E7-22643 E7-22644 Drug Drug Enforcement Administration PROPOSED RULES Schedules of controlled substances: Pseudoephedrine and phenylpropanolamine; thresholds removal, 65248-65256 E7-22560 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:
Elementary and secondary education— Migrant Education and Consortium Incentive Programs, 65316-65318 E7-22680 Employment Employment and Training Administration NOTICES Alien temporary employment labor certification process: H-2A agricultural labor certification applications; processing procedures clarification, 65355-65357 E7-22636 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans:
Preparation, adoption, and submittal— Particulate matter less than 2.5 micrometers; prevention of signifigant deterioration, 65282-65283 E7-22666 Air quality implementation plans; approval and promulgation; various States: California, 65283-65287 E7-22656 E7-22658 NOTICES Agency information collection activities; proposals, submissions, and approvals, 65327-65328 E7-22660 Grants and other Federal assistance: Superfund; State and Tribal Response Programs, 65328-65335 E7-22664 Meetings:
Clean Air Scientific Adivsory Committee, 65335-65336 E7-22665 FIFRA Scientific Advisory Panel, 65336-65339 E7-22612 Science Advisory Board, 65339-65340 E7-22661 E7-22662 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Aeromot-Industria Mecanico Metalurgica Ltda., 65215-65217 E7-22176 Bell Helecopter Textron Canada, 65221-65224 E7-22416 Bell Helicopter Textron, Inc., 65224-65226 E7-22439 Cessna, 65219-65221 E7-22304 Diamond Aircraft Industries, 65217-65219 E7-22177 PROPOSED RULES Airworthiness directives:
Airbus, 65227-65228 E7-22632 E7-22634 BAE Systems (Operations) Ltd., 65228-65229 E7-22631 Saab, 65229 E7-22630 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Practice and procedure: Cost and quality of fuels for electric plants; monthly report (Form No. 423); elimination, 65246-65248 E7-22550 NOTICES Complaints filed: Mirant Energy Trading, LLC, et al., 65320 E7-22619 Electric rate and corporate regulation combined filings, 65320-65323 E7-22651 E7-22652 Environmental statements; availability, etc.:
Georgia Power Co., 65323 E7-22621 Texas Gas Transmission, LLC, 65323-65324 E7-22624 Environmental statements; notice of intent: White River Hub, LLC, 65324-65326 E7-22617 Hydroelectric applications, 65326-65327 E7-22620 *Applications, hearings, determinations, etc.:* Northwest Pipeline GP, 65318 E7-22618 Providence Heights Wind, LLC, 65318 E7-22623 PS Energy Group, Inc., 65318-65319 E7-22625 Texas Eastern Transmission, LP, 65319-65320 E7-22626 Transcontinental Gas Pipe Line Corp., 65320 E7-22622 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Formations, acquisitions, and mergers, 65340 E7-22633 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, determinations, etc., 65351-65352 E7-22640 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 65341-65342 E7-22649 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 65288-65289 E7-22668 Environmental statements; availability, etc.:
Umatilla National Forest, OR, 65289-65290 07-5754 Recreation fee areas: Coronado National Forest, AZ; overnight rental fee, 65290-65291 07-5753 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 65341 E7-22603 Geological Geological Survey NOTICES Agency information collection activities; proposals, submissions, and approvals, 65352-65353 07-5746 Health Health and Human Services Department See Food and Drug Administration NOTICES Meetings:
Blood Safety and Availability Advisory Committee, 65341 E7-22653 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection RULES Chemical facility anti-terrorist standards, 65396-65435 07-5585 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 65342-65345 E7-22685 E7-22699 E7-22700 Grant and cooperative agreement awards: Fair Housing Initiatives Program, 65345-65348 E7-22611 Privacy Act; systems of records, 65348-65351 E7-22607 E7-22608 Industry Industry and Security Bureau RULES Export Administration regulations:
Commerce Control List— Wassenaar Arrangement Plenary Agreement implementation; Categories 1-9 revisions; reporting requirements, definitions, and new export controls; correction, 65394 Z7-21247 NOTICES Meetings: Materials Processing Equipment Technical Advisory Committee, 65292 E7-22616 Regulations and Procedures Technical Advisory Committee, 65292-65293 E7-22615 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping:
Hot-rolled carbon steel flat products from— Various countries, 65293-65294 E7-22673 Saccharin from— China, 65294-65295 E7-22682 Sodium metal from— France, 65295-65298 E7-22675 Tissue paper products from— China, 65298-65299 E7-22684 Countervailing duties: Cut-to-length carbon-quality steel plate from — Korea, 65299-65304 E7-22672 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employment and Training Administration See Labor Statistics Bureau MISSING FOR:
Labor Statistics Bureau Labor Statistics Bureau NOTICES Meetings: Federal Economic Statistics Advisory Committee, 65357-65358 E7-22585 Land Land Management Bureau NOTICES Meetings: Pinedale Anticline Working Group, 65353 E7-22650 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 65358 E7-22714 National Institute National Institute of Standards and Technology NOTICES Meetings:
Malcolm Baldrige National Quality Award Board of Overseers, 65304 E7-22670 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings: Gulf of Mexico Fishery Management Council, 65304-65305 E7-22639 North Pacific Fishery Management Council, 65305-65306 E7-22638 National Park National Park Service PROPOSED RULES Special regulations: Golden Gate National Recreation Area, CA; western snowy plover protection, 65278-65282 E7-22654 NOTICES Native American human remains, funerary objects; inventory, repatriation, etc.:
American Museum of Natural History, New York, NY, 65353-65354 E7-22674 Coronado National Forest and Arizona State Museum, University of Arizona, Tucson, AZ, 65354 E7-22671 Horner Collection, Oregon State University, Corvallis, OR, 65354-65355 E7-22669 Navy Navy Department NOTICES Environmental statements; availability, etc.: Expeditionary Strike Group Composite Training Unit Exercise; major Navy Atlantic Fleet training exercise offshore Virginia Capes operating areas, et al, 65315-65316 E7-22645 Nuclear Nuclear Regulatory Commission NOTICES Meetings:
Reactor Safeguards Advisory Committee, 65358-65359 E7-22641 Meetings; Sunshine Act, 65359-65360 07-5772 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 65360-65377 E7-22331 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Farm-City Week (Proc. 8205), 65437-65440 07-5792 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 65377-65379 E7-22627 State State Department NOTICES Grants and cooperative agreements; availability, etc.:
Africa, East Asia, Europe, Near East, North Africa, South Central Asia, and Western Hemisphere; professional exchange programs, 65379-65392 E7-22659 Susquehanna Susquehanna River Basin Commission NOTICES Hearings and meetings, 65392-65393 E7-22648 TVA Tennessee Valley Authority NOTICES Agency information collection activities; proposals, submissions, and approvals, 65393 E7-22604 Transportation Transportation Department See Federal Aviation Administration PROPOSED RULES Economic regulations:
Airline passenger protections; enhancements, 65233-65237 07-5760 Airline service quality performance reports and disclosure requirements, 65230-65233 07-5759 Oversales and denied boarding compensation, 65237-65246 07-5761 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau Customs U.S. Customs and Border Protection NOTICES FBI fingerprint fee increase, 65342 E7-22646 Separate Parts In This Issue Part II Homeland Security Department, 65396-65435 07-5585 Part III Executive Office of the President, Presidential Documents, 65437-65440 07-5792 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. 72 223 Tuesday, November 20, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28844; Directorate Identifier 2007-CE-066-AD; Amendment 39-15261; AD 2007-23-15] RIN 2120-AA64 Airworthiness Directives;
Aeromot-Industria Mecanico Metalurgica Ltda. Model AMT-100/200/200S/300 Gliders AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: It has been found the occurrence of incorrect use of the self-locking nuts in bolts subject to rotational loads in bolted fittings of some assemblies of metallic components. Such event may result in disconnection of those fittings, which jeopardizes the structural integrity of the aircraft or its flight controls. Since this condition may occur in other airplanes of the same type and affects flight safety, a corrective action is required. Thus, sufficient reason exists to request compliance with this AD in the indicated time limit. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective December 26, 2007. On December 26, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://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: Greg Davison, Glider Program Manager, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4130; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on August 21, 2007 (72 FR 46580). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: It has been found the occurrence of incorrect use of the self-locking nuts in bolts subject to rotational loads in bolted fittings of some assemblies of metallic components. Such event may result in disconnection of those fittings, which jeopardizes the structural integrity of the aircraft or its flight controls. Since this condition may occur in other airplanes of the same type and affects flight safety, a corrective action is required. Thus, sufficient reason exists to request compliance with this AD in the indicated time limit. The MCAI requires the replacement of washers, nuts, and bolts installed in the applicable assemblies with new bolts, washers, and castellated nuts with cotter pins. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 56 products of U.S. registry. We also estimate that it will take about 8 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 $430 per product. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $59,920 or $1,070 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 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: **2007-23-15 Aeromot-Industria Mecanico Metalurgica Ltda.:** Amendment 39-15261; Docket No. FAA-2007-28844; Directorate Identifier 2007-CE-066-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective December 26, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to the following gliders in the table below that:
(1)Are certificated in any category; and
(2)Have not incorporated the actions in their entirety of Aeromot SB No. 200-20-102, revision A, dated April 19, 2005; or Aeromot SB No. 200-20-102, revision B, dated January 23, 2006. Models Serial Nos. AMT-100 100.001 through 100.003, 100.005 through 100.015, 100.017, 100.019, 100.022 through 100.039, and 100.041 through 100.044. AMT-100 (modified to AMT-200) 100.004, 100.016, 100.018, 100.020, and 100.021. AMT-200 200.040, 200.045 through 200.105, 200.108 through 200.111, 200.113 through 200.118, and 200.121. AMT-200S 200.119, 200.122 through 200.124, and 200.126 through 200.161. AMT-300 300.106, 300.107, 300.115, and 300.125. Subject
(d)Air Transport Association of America
(ATA)Code 51: Structures. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: It has been found the occurrence of incorrect use of the self-locking nuts in bolts subject to rotational loads in bolted fittings of some assemblies of metallic components. Such event may result in disconnection of those fittings, which jeopardizes the structural integrity of the aircraft or its flight controls. Since this condition may occur in other airplanes of the same type and affects flight safety, a corrective action is required. Thus, sufficient reason exists to request compliance with this AD in the indicated time limit. The MCAI requires the replacement of washers, nuts and bolts installed in the applicable assemblies with new bolts, washers and castellated nuts with cotter pins. Actions and Compliance
(f)Unless already done, within the next 50 hours time-in-service
(TIS)after December 26, 2007 (the effective date of this AD), following Aeromot Service Bulletin No. 200-20-102 Rev. B, dated January 23, 2006, install new bolts, washers, and castellated nuts with cotter pins in the following areas:
(1)Both main landing gear legs,
(2)Swivel tail wheel,
(3)Eye-bolt fittings located at firewall inside cabin,
(4)Left and right rudder pedal assembly,
(5)Bellcranks of the rudder cables assembly,
(6)Bellcranks of the propeller pitch control assembly, and
(7)Left and right wing hinge point. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Greg Davison, Glider Program Manager, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4130; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI Departamento de Aviacao Civil (DAC), which is the aviation authority for Brazil, AD No. 2005-12-01; and Aeromot Service Bulletin No. 200-20-102, Revision B, dated January 23, 2006, for related information. Material Incorporated by Reference
(i)You must use Aeromot Service Bulletin No. 200-20-102, Revision B, dated January 23, 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 Aeromot, Av. das Industrias, 1290 Porto Alegre—RS—Brazil; telephone: +55 51 3357 8550; fax: +55 51 3371 1655.
(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 November 7, 2007. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-22176 Filed 11-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28955 Directorate Identifier 2007-CE-067-AD; Amendment 39-15260; AD 2007-23-14] RIN 2120-AA64 Airworthiness Directives; Diamond Aircraft Industries Model DA 42 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: Recently, a double in-flight engine shut down incident occurred on a DA42 aircraft equipped with TAE125-01 engines. The BFU (German Accident Investigation Body) found the root cause to be a violation of the Airplane Flight Manual procedures (taking-off with an insufficiently charged main aircraft battery) and momentary low voltage in the electrical system of the aircraft when retracting the main landing gear. This has been the subject of Diamond Service Information
(SI)42-040 and a subsequent EASA Safety Information Notice, SIN 2007-08, issued on 18 April 2007. The TAE125-01 and TAE125-02-99 engines, approved for installation on the DA42, are FADEC (Full Authority Digital Engine Control) controlled and are not totally independent from the aircraft electrical power supply. A significant drop of the voltage causes simultaneously a reset of the FADEC on both engines with subsequent feathering of the propeller blades. In the case of an empty battery this scenario may be considered as catastrophic at the aircraft level. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective December 26, 2007. On December 26, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://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: Peter L. Rouse, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4135; 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 August 27, 2007 (72 FR 48948). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Recently, a double in-flight engine shut down incident occurred on a DA42 aircraft equipped with TAE125-01 engines. The BFU (German Accident Investigation Body) found the root cause to be a violation of the Airplane Flight Manual procedures (taking-off with an insufficiently charged main aircraft battery) and momentary low voltage in the electrical system of the aircraft when retracting the main landing gear. This has been the subject of Diamond Service Information
(SI)42-040 and a subsequent EASA Safety Information Notice, SIN 2007-08, issued on 18 April 2007. The TAE125-01 and TAE125-02-99 engines, approved for installation on the DA42, are FADEC (Full Authority Digital Engine Control) controlled and are not totally independent from the aircraft electrical power supply. A significant drop of the voltage causes simultaneously a reset of the FADEC on both engines with subsequent feathering of the propeller blades. In the case of an empty battery this scenario may be considered as catastrophic at the aircraft level. The Thielert Aircraft Engines
(TAE)Installation Manuals IM-02-01 Issue 4 and IM-02-02 Issue 1 have been revised to address this issue, which is the subject of EASA Airworthiness Directive
(AD)2007-0182. The present AD, regarding the new specifications introduced by the TAE Installation Manuals, mandates installation of additional Engine Control Unit
(ECU)Backup Batteries to supply electrical power to the ECU, preventing high transient power drains from causing a short-term voltage drop when insufficient power from the main battery might exist. 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. Revision of Service Bulletin On October 15, 2007, Diamond Aircraft Industries GmbH (Diamond) issued the revised Optional Service Bulletin
(OSB)No. OSB-42-050/1. This revision clarifies that if Diamond Mandatory Design Change (MÄM) No. MÄM 42-240 is installed or if the aircraft is in compliance with Diamond Mandatory Service Bulletin
(MSB)No. MSB-42-042, you must first uninstall Diamond MÄM No. MÄM 42-240 or Diamond MSB No. MSB-42-042 when accomplishing Diamond OSB No. OSB-42-050/1, dated October 15, 2007. This revision also excludes aircraft that have installed Diamond Optional Design Change (OÄM) No. OÄM 42-074. Diamond OÄM No. OÄM 42-074 is a modification that places equipment in the same location as the batteries in Diamond OSB No. OSB-42-050/1, dated October 15, 2007. Aircraft with Diamond OÄM No. OÄM 42-074 installed will not be able to comply with Diamond OSB No. OSB-42-050/1, dated October 15, 2007. However, this AD still applies to aircraft with Diamond OÄM No. OÄM 42-074 installed. To our knowledge there are currently no aircraft registered in the United States with Diamond OÄM No. OÄM 42-074 installed. Owner/operators seeking to import aircraft with Diamond OÄM No. OÄM 42-074 installed or seeking to install Diamond OÄM No. OÄM 42-074 in a U.S.-registered aircraft will need to contact Diamond for an alternative method of compliance
(AMOC)to this AD or develop an AMOC, which must be submitted to the FAA for approval. We have revised the language from the proposed AD to require use of Diamond OSB No. OSB-42-050/1, dated October 15, 2007, and to add language requiring compliance with this AD if Diamond OÄM No. OÄM 42-074 is installed. Revision of Work Instruction On September 10, 2007, Diamond issued revised Work Instruction WI-OSB-42-050, Revision 2. This revision corrects a mistake in the instruction that would have caused a short circuit at the battery relay control. The revision also changes the diode wiring procedure to expose additional safety thread on the screws at the bottom of the instrument panel. Previously each cable had its own ring terminal, but now the two corresponding cables are crimped into one ring terminal. We have revised the language from the proposed AD to require you to use Diamond Work Instruction WI-OSB-42-050, Revision 2, dated September 10, 2007. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD with the changes described previously. The change corrects an error in the work instruction, and this change does not increase the scope or the burden beyond that which was proposed in the NPRM. 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 86 products of U.S. registry. We also estimate that it will take about 13 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. 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 $89,440 or $1,040 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: **2007-23-14 Diamond Aircraft Industries:** Amendment 39-15260; Docket No. FAA-2007-28955; Directorate Identifier 2007-CE-067-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective December 26, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to DA 42 airplanes, all serial numbers, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 72: Engine. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Recently, a double in-flight engine shut down incident occurred on a DA42 aircraft equipped with TAE125-01 engines. The BFU (German Accident Investigation Body) found the root cause to be a violation of the Airplane Flight Manual procedures (taking-off with an insufficiently charged main aircraft battery) and momentary low voltage in the electrical system of the aircraft when retracting the main landing gear. This has been the subject of Diamond Service Information
(SI)42-040 and a subsequent EASA Safety Information Notice, SIN 2007-08, issued on 18 April 2007. The TAE125-01 and TAE125-02-99 engines, approved for installation on the DA42, are FADEC (Full Authority Digital Engine Control) controlled and are not totally independent from the aircraft electrical power supply. A significant drop of the voltage causes simultaneously a reset of the FADEC on both engines with subsequent feathering of the propeller blades. In the case of an empty battery this scenario may be considered as catastrophic at the aircraft level. The Thielert Aircraft Engines
(TAE)Installation Manuals IM-02-01 Issue 4 and IM-02-02 Issue 1 have been revised to address this issue, which is the subject of EASA Airworthiness Directive
(AD)2007-0182. The present AD, regarding the new specifications introduced by the TAE Installation Manuals, mandates installation of additional Engine Control Unit
(ECU)Backup Batteries to supply electrical power to the ECU, preventing high transient power drains from causing a short-term voltage drop when insufficient power from the main battery might exist. Actions and Compliance
(f)Unless already done, do the following actions within the next 100 hours time-in-service after December 26, 2007 (the effective date of this AD) or within 30 days after December 26, 2007 (the effective date of this AD), whichever occurs first:
(1)Modify the engine electrical system by installing additional engine control unit
(ECU)backup batteries following Diamond Aircraft Industries GmbH Work Instruction WI-OSB-42-050, Revision 2, dated September 10, 2007, as referenced in Diamond Aircraft Industries GmbH Optional Service Bulletin No. OSB-42-050\1, dated October 15, 2007. If your aircraft has Diamond Aircraft Industries GmbH Optional Design Change No. OÄM 42-074 installed, you will need to show compliance with this paragraph through an alternative method of compliance
(AMOC)in accordance with paragraph (g)(1) of this AD.
(2)Incorporate Diamond Aircraft Temporary Revision AMM-TR-OÄM-42-129, dated July 11, 2007, into the FAA-approved maintenance program (e.g., maintenance manual). The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may do this action. Make an entry in the aircraft records showing compliance with this portion of the AD following section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
(3)Update the airplane flight manual
(AFM)by inserting a copy of Diamond Aircraft Temporary Revision TR-OÄM-42-129, dated July 11, 2007, into the AFM. The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may do this action. Make an entry in the aircraft records showing compliance with this portion of the AD following section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows:
(1)We believe that the batteries specified in the MCAI do not fully address the unsafe condition for U.S. registered airplanes. The batteries specified in the MCAI only provide approximately 10 minutes of backup electrical power to the engine full authority digital engine controls (FADECs) in the event of an aircraft electrical failure. In accordance with 14 CFR 23.1353(h), the FAA requires a minimum of 30 minutes of backup electrical power for the engine FADECs in the event of an aircraft electrical failure. To fully address the unsafe condition, Diamond Aircraft Industries GmbH has developed different part numbers and procedures for U.S.-registered airplanes. These procedures require the installation of larger capacity batteries than the MCAI required. The batteries specified in Diamond Aircraft Industries GmbH Work Instruction WI-OSB-42-050, Revision 2, dated September 10, 2007, will provide a minimum of 30 minutes of backup electrical power for the engine FADECs when installed in accordance with Diamond Aircraft Industries GmbH Work Instruction WI-OSB-42-050, Revision 2, dated September 10, 2007. We have discussed this difference with EASA, and they accepted that the FAA's view is different to require installation of larger capacity batteries.
(2)Diamond Aircraft Industries GmbH Optional Service Bulletin No. OSB-42-050\1, dated October 15, 2007, excludes aircraft with Diamond Aircraft Industries GmbH OÄM No. OÄM 42-074 installed because Diamond Aircraft Industries GmbH OÄM No. OÄM 42-074 adds equipment that is in the same location as the batteries in Diamond Aircraft Industries GmbH Optional Service Bulletin No. OSB-42-050\1, dated October 15, 2007. The unsafe condition still needs to be addressed in aircraft with Diamond Aircraft Industries GmbH OÄM No. OÄM 42-074 installed. Therefore, this AD does apply to aircraft with Diamond Aircraft Industries GmbH OÄM No. OÄM 42-074 installed and owners/operators of aircraft with Diamond Aircraft Industries GmbH OÄM No. OÄM 42-074 installed will need to seek an AMOC for those aircraft. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Peter L. Rouse, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4135; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120 0056. Related Information
(h)Refer to MCAI European Aviation Safety Agency
(EASA)AD No. 2007-0183, dated July 2, 2007; Diamond Aircraft Industries GmbH Optional Service Bulletin No. OSB-42-050\1, dated October 15, 2007; Diamond Aircraft Industries GmbH Work Instruction WI-OSB-42-050, Revision 2, dated September 10, 2007; Diamond Aircraft Temporary Revision AMM-TR-OÄM-42-129, dated July 11, 2007; and Diamond Aircraft Temporary Revision TR-OÄM-42-129, dated July 11, 2007, for related information. Material Incorporated by Reference
(i)You must use Diamond Aircraft Industries GmbH Optional Service Bulletin No. OSB-42-050 / 1, dated October 15, 2007, and Diamond Aircraft Industries GmbH Work Instruction WI-OSB-42-050, Revision 2, dated September 10, 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 Diamond Aircraft Industries GmbH, N.A. Otto-Straβe 5, A-2700 Wiener Neustadt; telephone: +43 2622 26700; fax: +43 2622 26780; e-mail: *office@diamond-air.at* .
(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 November 7, 2007. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-22177 Filed 11-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0198; Directorate Identifier 2007-CE-085-AD; Amendment 39-15262; AD 2007-23-16] RIN 2120-AA64 Airworthiness Directives; Cessna Aircraft Company, Model 525B Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain Cessna Aircraft Company (Cessna) Model 525B airplanes. This AD requires you to incorporate electrical power relay circuit protection kit part number (P/N) SB525B-24-02. This AD results from both the need to protect aircraft wiring left unprotected in the original design and a report of a Model 525B airplane experiencing in-flight loss of numerous systems, tripped circuit breakers, and burned wiring adjacent to the power distribution panel. We are issuing this AD to correct an incorrect wiring installation and to provide short-circuit protection for all wiring from the aircraft power distribution system. This condition could result in burned wiring and loss of various aircraft electrical systems. DATES: This AD becomes effective on December 19, 2007. On December 19, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive any comments on this AD by January 22, 2008. ADDRESSES: Use one of the following addresses to comment on this AD. • *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 W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To get the service information identified in this AD, contact The Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277-7706; *telephone* :
(316)517-5800; *fax:*
(316)942-9006. To view the comments to this AD, go to *http://www.regulations.go* v. The docket number is FAA-2007-0198; Directorate Identifier 2007-CE-085-AD. FOR FURTHER INFORMATION CONTACT: Raymond N. Johnston, Aerospace Engineer, 1801 Airport Road, Room 100, Wichita, Kansas 67209; *telephone:*
(316)946-4197; *fax:*
(316)946-4107. SUPPLEMENTARY INFORMATION: Discussion Cessna issued Service Bulletin SB525B-24-02, dated January 10, 2007, to add fuses to the emergency electrical power relay circuits to protect aircraft wiring left unprotected in the original design. Since issuance of that service bulletin, the FAA received a report from Cessna of a Model 525B airplane experiencing an in-flight direct short between aircraft direct current
(DC)power and ground with loss of numerous systems, tripped circuit breakers, and burned wiring adjacent to the power distribution panel. Cessna determined that a wiring alteration done following Cessna Citation Service Bulletin SB525B-24-02, dated January 10, 2007, contributed to this direct short between aircraft DC power and ground. The service bulletin had incorrect alteration instructions, which if implemented, could cause a direct short between aircraft DC power and ground. Failure or opening of power bus limiters in conjunction with incorporation of that service bulletin may result in loss of numerous systems and burned aircraft wiring. The instructions and wiring diagrams call for incorrectly connecting 28V DC to an annunciator panel where there should be a ground. Terminal 2 of circuit breaker HZ050 is left with no wiring connected. This results in a direct short. Cessna revised the service bulletin to include correct alteration instructions that would fully address the unsafe condition of unprotected wiring in the original design. This condition, if not corrected, could result in burned wiring and loss of various aircraft electrical systems. Relevant Service Information We reviewed Cessna Citation Service Bulletin SB525B-24-02, Revision 1, dated October 4, 2007. The service information describes procedures for incorporating electrical power relay circuit protection kit P/N SB525B-24-02. The manufacturer intends that the actions specified in the service information adequately address the unsafe condition. FAA's Determination and Requirements of this AD We are issuing this AD because we evaluated all the information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. This AD requires you to incorporate electrical power relay circuit protection kit P/N SB525B-24-02. In preparing this rule, we contacted type clubs and aircraft operators to get technical information and information on operational and economic impacts. We did not receive any information through these contacts. If received, we would have included a discussion of any information that may have influenced this action in the rulemaking docket. 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 this condition, if not corrected, could result in burned wiring and loss of various aircraft electrical systems. 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 an opportunity for public comment. We invite you to send any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number “FAA-2007-0198; Directorate Identifier 2007-CE-085-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light 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 concerning this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket that contains the AD, the regulatory evaluation, any comments received, and other information 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 Docket Office (telephone
(800)647-5527) is located at the street address stated 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 airworthiness directive (AD): **2007-23-16 Cessna Aircraft Company:** Amendment 39-15262; Docket No. FAA-2007-0198; Directorate Identifier 2007-CE-085-AD. Effective Date
(a)This AD becomes effective on December 19, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Model 525B, serial numbers 0001 through 0013 airplanes, that are certificated in any category. Unsafe Condition
(d)This AD results from both the need to protect aircraft wiring left unprotected in the original design and a report of a Model 525B airplane experiencing in-flight loss of numerous systems, tripped circuit breakers, and burned wiring adjacent to the power distribution panel. We are issuing this AD to correct an incorrect wiring installation and to provide short-circuit protection for all wiring from the aircraft power distribution system. This condition could result in burned wiring and loss of various aircraft electrical systems. Compliance
(e)To address this problem, you must do the following, unless already done: Actions Compliance Procedures Incorporate electrical power relay circuit protection kit part number SB525B-24-02 At whichever of the following occurs first:
(1)Within the next 30 days after December 19, 2007 (the effective date of this AD); or Follow Cessna Citation Service Bulletin SB525B-24-02, Revision 1, dated October 4, 2007.
(2)Within the next 10 hours time-in-service after December 19, 2007 (the effective date of this AD). Alternative Methods of Compliance (AMOCs)
(f)The Manager, Wichita Aircraft Certification Office (ACO), 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: Raymond N. Johnston, Aerospace Engineer, Wichita ACO, 1801 Airport Road, Room 100, Wichita, Kansas 67209; *telephone:*
(316)946-4197; fax:
(316)946-4107. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference
(g)You must use Cessna Citation Service Bulletin SB525B-24-02, Revision 1, dated October 4, 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 Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277-7706; *telephone:*
(316)517-5800; *fax:*
(316)942-9006.
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, 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/code_of_federal_regulations/ibr_locations.html.* Issued in Kansas City, Missouri, on November 7, 2007. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-22304 Filed 11-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0179; Directorate Identifier 2007-SW-36-AD; Amendment 39-15264; AD 2007-19-52] RIN 2120-AA64 Airworthiness Directives; Bell Helicopter Textron Canada Limited Model 206A, 206B, 206L, 206L-1, 206L-3, 206L-4, 222, 222B, 222U, 230, 407, 427, and 430 Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. SUMMARY: This document publishes in the **Federal Register** an amendment adopting Airworthiness Directive
(AD)2007-19-52, which was sent previously to all known U.S. owners and operators of the specified Bell Helicopter Textron Canada Limited
(BHTC)model helicopters by individual letters. This AD requires replacing each affected tail rotor blade (blade) with an airworthy blade with a serial number not listed in the Rotor Blades, Inc. (RBI), attachment to the BHTC Alert Service Bulletin (ASB), listed in the applicability section of this AD. This amendment is prompted by three incidents in which blade tip weights were slung from blades during flight causing significant vibration. The actions specified are intended to prevent loss of a blade tip weight, loss of a blade, and subsequent loss of control of the helicopter. DATES: Effective December 5, 2007, to all persons except those persons to whom it was made immediately effective by Emergency AD 2007-19-52, issued on September 14, 2007, which contained the requirements of this amendment. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 5, 2007. Comments for inclusion in the Rules Docket must be received on or before January 22, 2008. ADDRESSES: Use one of the following addresses to submit comments on this AD: • *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 W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may get the service information identified in this AD from Bell Helicopter Textron Canada, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4, telephone
(450)437-2862 or
(800)363-8023, fax
(450)433-0272. *Examining the 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 economic evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort Worth, Texas 76193-0111, telephone
(817)222-5122, fax
(817)222-5961. SUPPLEMENTARY INFORMATION: On September 14, 2007, the FAA issued Emergency AD 2007-19-52 for the specified BHTC model helicopters, which requires replacing each affected part-numbered and serial-numbered blade with an airworthy blade with a serial number not listed in the RBI attachment to the BHTC ASB, listed in the applicability section of this AD. That action was prompted by three incidents in which blade tip weights were slung from the blades during flight causing significant vibration. The failures have occurred on blades being returned to service from RBI, from as short as 12 minutes since repair to as long as 400 hours time-in-service. An investigation indicates that the tip weights were missing the adhesive that should have been applied during the weight-and-balance process on these blades. This condition, if not corrected, could result in loss of a blade tip weight, loss of a blade, and subsequent loss of control of the helicopter. Transport Canada, the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on these helicopter models. Transport Canada advises of three reports of balance weights departing from the blades during flight. They also advise that they determined in the investigation that the unsafe condition results from the loss of the tip weights and that the failure can occur at any time. BHTC has issued the following Alert Service Bulletins (ASBs): • No. 206-07-116, dated September 11, 2007, for BHTC Model 206 A/B series helicopters; • No. 206L-07-148, dated September 11, 2007, for BHTC Model 206L series helicopters; • No. 222-07-106, Revision A, dated September 13, 2007, for BHTC Model 222 and 222B helicopters; • No. 222U-07-77, Revision A, dated September 13, 2007, for BHTC Model 222U helicopters; • No. 230-07-38, Revision A, dated September 13, 2007, for BHTC Model 230 helicopters; • No. 407-07-81, dated September 11, 2007, for BHTC Model 407 helicopters; • No. 427-07-18, dated September 11, 2007, for BHTC Model 427 helicopters; and • No. 430-07-41, Revision A, dated September 13, 2007, for BHTC Model 430 helicopters. All of the ASBs contain a letter from RBI indicating that certain blades processed by RBI may be missing the adhesive applied to the tip weight screws during the weight and balance process. Transport Canada classified the ASBs as mandatory and issued AD No. CF-2007-21, dated September 13, 2007, to ensure the continued airworthiness of these helicopters in Canada. Paragraph
(a)of the AD states that you must replace any affected blade with an airworthy blade with a serial number not listed in the applicability section of this AD. The serial numbers are not directly listed in the applicability section of this AD. The ASBs for the various model helicopters are listed in the applicability section. The affected part and serial numbers are listed in the RBI attachment to each of the BHTC ASBs listed in the applicability section of this AD. We have clarified that language in the AD and have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. These helicopter models are manufactured in Canada and are type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, Transport Canada has kept the FAA informed of the situation described above. The FAA has examined the findings of Transport Canada, reviewed all available information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. Since the unsafe condition described is likely to exist or develop on other BHTC model helicopters of these same type designs, the FAA issued Emergency AD 2007-19-52 to prevent loss of a blade tip weight, loss of a blade, and subsequent loss of control of the helicopter. The AD requires before further flight, removing and replacing each affected blade with an airworthy blade. The actions must be accomplished for the blade part numbers with serial numbers listed in the RBI attachment to the ASBs described previously. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the structural integrity and controllability of the helicopter. Therefore, removing and replacing each affected blade with an airworthy blade is required before further flight, and this AD must be issued immediately. Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual letters issued on September 14, 2007, to all known U.S. owners and operators of the specified BHTC model helicopters. These conditions still exist, and the AD is hereby published in the **Federal Register** as an amendment to 14 CFR 39.13 to make it effective to all persons. The FAA estimates that this AD will affect 3741 helicopters of U.S. registry, and it will take about 2 hours to determine if a blade is affected per helicopter at an average labor rate of $80 per work hour. The ASB contains a warranty statement that owners or operators of Bell helicopters who comply with the instructions in the ASB will be eligible to return defective blades identified by serial number in the compliance section to their nearest RBI facility for inspection and repair at no cost. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $589,560, assuming all shipping, inspection, and repair costs are paid by RBI or Bell. Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2007-0179; Directorate Identifier 2007-SW-36-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light 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 with FAA personnel concerning this AD. Using the search function of the docket web site, you can find and read the comments to any of our dockets, including the name of the individual who sent the comment. You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78). Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared an economic evaluation of the estimated costs to comply with this AD. See the AD docket to examine the economic evaluation. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **2007-19-52 Bell Helicopter Textron Canada Limited:** Amendment 39-15264. Docket No. FAA-2007-0179; Directorate Identifier 2007-SW-36-AD. *Applicability:* Model 206A, 206B, 206L, 206L-1, 206L-3, 206L-4, 222, 222B, 222U, 230, 407, 427, and 430 helicopters, with a tail rotor blade (blade) having a part number and serial number as listed in the following Bell Helicopter Textron Alert Service Bulletins (ASBs), installed, certificated in any category. ASB No. Revision Date Helicopter model 206-07-116 September 11, 2007 206A and 206B. 206L-07-148 September 11, 2007 206L, L-1, L-3, and L-4. 222-07-106 A September 13, 2007 222 and 222B. 222U-07-77 A September 13, 2007 222U. 230-07-38 A September 13, 2007 230. 407-07-81 September 11, 2007 407. 427-07-18 September 11, 2007 427. 430-07-41 A September 13, 2007 430. *Compliance:* Required as indicated, unless accomplished previously. To prevent loss of a blade tip weight, loss of a blade, and subsequent loss of control of the helicopter, accomplish the following:
(a)Before further flight, replace any affected blade with an airworthy blade with a serial number not listed in the Rotor Blade, Inc. (RBI), attachment to an ASB listed in the applicability section of this AD.
(b)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Regulations and Guidance Group, FAA, *ATTN:* Sharon Miles, Fort Worth, Texas 76193-0111, telephone
(817)222-5122, fax
(817)222-5961, for information about previously approved alternative methods of compliance.
(c)Special flight permits will not be issued.
(d)Each affected blade is identified by serial number as listed in the Rotor Blade, Inc., letter attached to Bell Helicopter Textron Alert Service Bulletin
(ASB)Nos. 206-07-116, 206L-07-148, 407-07-81, and 427-07-18, all dated September 11, 2007; and ASB Nos. 222-07-106, 222U-07-77, 230-07-38, and 430-07-41, all Revision A, all dated September 13, 2007. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Bell Helicopter Textron Canada, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4, telephone
(450)437-2862 or
(800)363-8023, fax
(450)433-0272. Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 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/code_of_federal_regulations/ibr_locations.html.* Note: The subject of this AD is addressed in Transport Canada (Canada) AD No. CF-2007-21, dated September 13, 2007.
(e)This amendment becomes effective on December 5, 2007, to all persons except those persons to whom it was made immediately effective by Emergency AD 2007-19-52, issued September 14, 2007, which contained the requirements of this amendment. Issued in Fort Worth, Texas, on October 31, 2007. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7-22416 Filed 11-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0180; Directorate Identifier 2007-SW-37-AD; Amendment 39-15265; AD 2007-19-53] RIN 2120-AA64 Airworthiness Directives; Bell Helicopter Textron, Inc. Model 204B, 205A, 205A-1, 205B, 210, 212, 412, 412EP, and 412CF Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. SUMMARY: This document publishes in the **Federal Register** an amendment adopting Airworthiness Directive
(AD)2007-19-53, which was sent previously to all known U.S. owners and operators of the specified Bell Helicopter Textron, Inc.
(BHTI)model helicopters by individual letters. This AD requires replacing each affected tail rotor blade (blade) with an airworthy blade with a serial number not listed in the applicability of this AD. This AD is prompted by three incidents in which blade tip weights were slung from the blades during flight causing significant vibration. The actions specified by this AD are intended to prevent loss of a blade tip weight, loss of a blade, and subsequent loss of control of the helicopter. DATES: Effective December 5, 2007, to all persons except those persons to whom it was made immediately effective by Emergency AD 2007-19-53, issued on September 14, 2007, which contained the requirements of this amendment. Comments for inclusion in the Rules Docket must be received on or before January 22, 2008. ADDRESSES: Use one of the following addresses to submit comments on this AD: • *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 W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may get the service information identified in this AD from Bell Helicopter Textron Canada, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4, telephone
(450)437-2862 or
(800)363-8023, fax
(450)433-0272. EXAMINING THE DOCKET: You may examine the docket that contains the AD, any comments, and other information 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 Docket Operations office (telephone
(800)647-5527) is located in Room W12-140 on the ground floor of the West Building at the street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Michael Kohner, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Rotorcraft Certification Office, Fort Worth, Texas 76193-0170, telephone
(817)222-5447, fax
(817)222-5783. SUPPLEMENTARY INFORMATION: On September 14, 2007, the FAA issued Emergency AD 2007-19-53 for the specified model helicopters, which requires replacing each affected part-numbered and serial-numbered blade with an airworthy blade with a serial number not listed in the applicability of this AD. That action was prompted by three incidents in which blade tip weights were slung from the blades during flight causing significant vibration. The failures have occurred on blades being returned to service from Rotor Blades, Inc. (RBI), from as short as 12 minutes since repair to as long as 400 hours time-in-service. An investigation indicates that the tip weights were missing the adhesive that should have been applied during the weight-and-balance process on these blades. This condition, if not corrected, could result in loss of a blade tip weight, loss of a blade, and subsequent loss of control of the helicopter. BHTI has issued the following Alert Service Bulletins (ASB): • No. 204-07-61 for BHTI Model 204 helicopters, • No. 205-07-95 for BHTI Model 205 helicopters, • No. 205B-07-46 for BHTI Model 205B helicopters, • No. 212-07-125 for BHTI Model 212 helicopters, and • No. 412-07-123 for BHTI Model 412 helicopters. All the ASBs are dated September 11, 2007, and contain a letter from RBI indicating certain blades processed by RBI may be missing the adhesive applied to the tip weight screws during the weight and balance process. Emergency AD 2007-19-53 had the Model 230 helicopters incorrectly linked to ASB No. 412-07-123; that ASB is for Model 412 helicopters. We have made that correction in this AD and determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Since the unsafe condition described is likely to exist or develop on other specified BHTI model helicopters of these same type designs, the FAA issued Emergency AD 2007-19-53 to prevent loss of a blade tip weight, loss of a blade, and subsequent loss of control of the helicopter. The AD requires replacing each affected blade with an airworthy blade. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the controllability or structural integrity of the helicopter. Therefore, replacing each affected blade with an airworthy blade is required before further flight, and this AD must be issued immediately. Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual letters issued on September 14, 2007, to all known U.S. owners and operators of the specified BHTI model helicopters. These conditions still exist, and the AD is hereby published in the **Federal Register** as an amendment to 14 CFR 39.13 to make it effective to all persons. The FAA estimates that this AD will affect 1013 helicopters of U.S. registry, and it will take about 2 hours to determine if a blade is affected per helicopter at an average labor rate of $80 per work hour. The ASB contains a warranty statement that owners or operators of Bell helicopters who comply with the instructions in the ASB will be eligible to return defective blades identified by serial number in the compliance section to their nearest RBI facility for inspection and repair at no cost. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $162,080, assuming all shipping inspection and repair costs are paid by RBI or Bell. Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2007-0180; Directorate Identifier 2007-SW-37-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light 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 with FAA personnel concerning this AD. Using the search function of the docket web site, you can find and read the comments to any of our dockets, including the name of the individual who sent the comment. You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78). Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared an economic evaluation of the estimated costs to comply with this AD. See the AD docket to examine the economic evaluation. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **2007-19-53 Bell Helicopter Textron, Inc.:** Amendment 39-15265. Docket No. FAA-2007-0180; Directorate Identifier 2007-SW-37-D. *Applicability:* Model 204B, 205A, 205A-1, 205B, 210, 212, 412, 412EP, and 412CF helicopters, with a tail rotor blade (blade), having a part and serial number as listed in the following table, installed, certificated in any category. Part No. Serial No. 204-011-702-015 AFS-12703, AFS-12893, AFS-23525, or AFS-23573. 204-011-702-121 A-22020. 212-010-750-105FM A-10090, A-10836, A-11207, or A-11332. 212-010-750-113 A-14953, A15090, or CS-12702. 212-010-750-113FM A-12240, A-12296, A-12640, A-12670, A-12789, A-13033, A-13096, A-13134, A-13199, A-13264, or A-13366. 212-010-750-133 A15602. *Compliance:* Required as indicated, unless accomplished previously. To prevent loss of the blade tip weight, loss of a blade, and subsequent loss of control of the helicopter do the following:
(a)Before further flight, replace any affected blade with an airworthy blade with a serial number not listed in the applicability section of this AD.
(b)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Rotorcraft Certification Office, FAA, ATTN: Michael Kohner, Aviation Safety Engineer, Fort Worth, Texas 76193-0170, telephone
(817)222-5447, fax
(817)222-5783, for information about previously approved alternative methods of compliance.
(c)Special flight permits will not be issued.
(d)This amendment becomes effective on December 5, 2007, to all persons except those persons to whom it was made immediately effective by Emergency AD 2007-19-53, issued September 14, 2007, which contained the requirements of this amendment. Issued in Fort Worth, Texas, on October 31, 2007. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7-22439 Filed 11-19-07; 8:45 am] BILLING CODE 4910-13-P 72 223 Tuesday, November 20, 2007 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29336; Directorate Identifier 2007-NM-143-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300, A310, and A300-600 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM); reopening of comment period. SUMMARY: This document announces a reopening of the comment period for the above-referenced NPRM. The NPRM proposed the adoption of a new airworthiness directive for all Airbus Model A300, A310, and A300-600 series airplanes. That NPRM invites comments concerning the proposed requirements for revising the Emergency Procedures sections of the airplane flight manuals to advise the flightcrew of new procedures for emergency evacuation. This reopening of the comment period is necessary to provide additional opportunity for public comment on the proposed requirements of that NPRM. DATES: We must receive comments on this proposed AD by December 20, 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 W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: 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. SUPPLEMENTARY INFORMATION: We proposed to amend 14 CFR part 39 with a notice of proposed rulemaking
(NPRM)for an AD for all Airbus Model A300, A310, and A300-600 series airplanes. The NPRM was published in the **Federal Register** on September 28, 2007 (72 FR 55124). The NPRM proposed to require revising the Emergency Procedures sections of the airplane flight manuals to advise the flightcrew of new procedures for emergency evacuation. The NPRM action invites comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. Actions Since NPRM Was Issued Since we issued the NPRM, the DOT's Docket Management System
(DMS)was replaced by the Federal Docket Management System (FDMS). FDMS is a government-wide, electronic docket management system, which contains the public dockets and is the method used for submitting comments on the overall regulatory, economic, environmental, and energy aspects of proposed rulemaking actions. However, due to the service disruption caused by the transition from DOT's DMS to the FDMS, the docket material was not posted on the FDMS until November 1, 2007. Therefore, we have determined that the public was not provided adequate opportunity to submit comments on the NPRM. As a result, we have decided to reopen the comment period for 30 days to receive additional comments. No part of the regulatory information has been changed; therefore, the NPRM is not republished in the **Federal Register** . Comments Due Date We must receive comments on this AD action by December 20, 2007. Issued in Renton, Washington, on November 8, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-22634 Filed 11-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29334; Directorate Identifier 2006-NM-268-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330 Airplanes and A340-200 and -300 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM); reopening of comment period. SUMMARY: This document announces a reopening of the comment period for the above-referenced NPRM. The NPRM proposed the adoption of a new airworthiness directive for certain Airbus Model A330 airplanes and A340-200 and -300 series airplanes. That NPRM invites comments concerning the proposed requirements for the inspection of the fuselage to identify possible permanent skin repairs and permanent longitudinal lap joint repairs and to apply the associated corrective actions. This reopening of the comment period is necessary to provide additional opportunity for public comment on the proposed requirements of that NPRM. DATES: We must receive comments on this proposed AD by December 20, 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 W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2797; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: We proposed to amend 14 CFR part 39 with a notice of proposed rulemaking
(NPRM)for an AD for certain Airbus Model A330 airplanes and A340-200 and -300 series airplanes. The NPRM was published in the **Federal Register** on September 28, 2007 (72 FR 55108). The NPRM proposed to require the inspection of the fuselage to identify possible permanent skin repairs and permanent longitudinal lap joint repairs and to apply the associated corrective actions. The NPRM action invites comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. Actions Since NPRM was Issued Since we issued the NPRM, the DOT's Docket Management System
(DMS)was replaced by the Federal Docket Management System (FDMS). FDMS is a government-wide, electronic docket management system, which contains the public dockets and is the method used for submitting comments on the overall regulatory, economic, environmental, and energy aspects of proposed rulemaking actions. However, due to the service disruption caused by the transition from DOT's DMS to the FDMS, the docket material was not posted on the FDMS until November 1, 2007. Therefore, we have determined that the public was not provided adequate opportunity to submit comments on the NPRM. As a result, we have decided to reopen the comment period for 30 days to receive additional comments. No part of the regulatory information has been changed; therefore, the NPRM is not republished in the **Federal Register** . Comments Due Date We must receive comments on this AD action by December 20, 2007. Issued in Renton, Washington, on November 8, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-22632 Filed 11-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29337; Directorate Identifier 2007-NM-150-AD] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM); reopening of comment period. SUMMARY: This document announces a reopening of the comment period for the above-referenced NPRM. The NPRM proposed the adoption of a new airworthiness directive for all BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ airplanes. That NPRM invites comments concerning the proposed requirements for repetitive detailed visual inspections for corrosion, pitted fasteners, or pillowing of the APU heat shield and surrounding skin and, if applicable, removal of the heat shield and repair. This reopening of the comment period is necessary to provide additional opportunity for public comment on the proposed requirements of that NPRM. DATES: We must receive comments on this proposed AD by December 20, 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 W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1175; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: We proposed to amend 14 CFR part 39 with a notice of proposed rulemaking
(NPRM)for an AD for all BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ airplanes. The NPRM was published in the **Federal Register** on September 28, 2007 (72 FR 55122). The NPRM proposed to require repetitive detailed visual inspections for corrosion, pitted fasteners, or pillowing of the APU heat shield and surrounding skin and, if applicable, removal of the heat shield and repair. The NPRM action invites comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. Actions Since NPRM Was Issued Since we issued the NPRM, the DOT's Docket Management System
(DMS)was replaced by the Federal Docket Management System (FDMS). FDMS is a government-wide, electronic docket management system, which contains the public dockets and is the method used for submitting comments on the overall regulatory, economic, environmental, and energy aspects of proposed rulemaking actions. However, due to the service disruption caused by the transition from DOT's DMS to the FDMS, the docket material was not posted on the FDMS until November 1, 2007. Therefore, we have determined that the public was not provided adequate opportunity to submit comments on the NPRM. As a result, we have decided to reopen the comment period for 30 days to receive additional comments. No part of the regulatory information has been changed; therefore, the NPRM is not republished in the **Federal Register** . Comments Due Date We must receive comments on this AD action by December 20, 2007. Issued in Renton, Washington, on November 8, 2007. Ali Bahrami, Manager,Transport Airplane Directorate,Aircraft Certification Service. [FR Doc. E7-22631 Filed 11-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29331; Directorate Identifier 2007-NM-136-AD] RIN 2120-AA64 Airworthiness Directives; Saab Model SAAB-Fairchild SF340A (SAAB/SF340A) and SAAB 340B Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM); reopening of comment period. SUMMARY: This document announces a reopening of the comment period for the above-referenced NPRM. The NPRM proposed the adoption of a new airworthiness directive for certain Saab Model SAAB-Fairchild SF340A (SAAB/SF340A) and SAAB 340B airplanes. That NPRM invited comments concerning the proposed requirements for doing repetitive ultrasonic inspections to detect cracking in the axle adaptor, replacing the axle adaptor if necessary, and ultimately doing the terminating action of inspecting and modifying the main landing gear shock strut and axle adaptors. This reopening of the comment period is necessary to provide additional opportunity for public comment on the proposed requirements of that NPRM. DATES: We must receive comments on this proposed AD by December 20, 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 W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Saab Aircraft AB, SAAB Aircraft Product Support, S-581.88, Linköping, Sweden. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Mike Borfitz, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2677; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: We proposed to amend 14 CFR part 39 with a notice of proposed rulemaking
(NPRM)for an AD for certain Saab Model SAAB-Fairchild SF340A (SAAB/SF340A) and SAAB 340B airplanes. The NPRM was published in the **Federal Register** on September 28, 2007 (72 FR 55116). The NPRM proposed to require doing repetitive ultrasonic inspections to detect cracking in the axle adaptor, replacing the axle adaptor if necessary, and ultimately doing the terminating action of inspecting and modifying the main landing gear shock strut and axle adaptors. The NPRM action invites comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. Actions Since NPRM Was Issued Since we issued the NPRM, the DOT's Docket Management System
(DMS)was replaced by the Federal Docket Management System (FDMS). FDMS is a government-wide, electronic docket management system, which contains the public dockets and is the method used for submitting comments on the overall regulatory, economic, environmental, and energy aspects of proposed rulemaking actions. However, due to the service disruption caused by the transition from DOT's DMS to the FDMS, the docket material was not posted on the FDMS until November 1, 2007. Therefore, we have determined that the public was not provided adequate opportunity to submit comments on the NPRM. As a result, we have decided to reopen the comment period for 30 days to receive additional comments. No part of the regulatory information has been changed; therefore, the NPRM is not republished in the **Federal Register** . Comments Due Date We must receive comments on this AD action by December 20, 2007. Issued in Renton, Washington, on November 8, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-22630 Filed 11-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Part 234 [Docket No. OST 2007-28522] RIN 2139-AA13 Revision of Airline Service Quality Performance Reports and Disclosure Requirements AGENCY: Office of the Secretary, DOT. ACTION: Notice of proposed rulemaking. SUMMARY: The U.S. Department of Transportation
(DOT)is proposing to collect additional data elements when flights are cancelled, diverted, or experience gate returns. The additional proposed data elements would fill in data gaps giving the Department, the industry, and the public a more accurate portrayal of on-ground delays after flights depart the gate but prior to the time they take off and after flights land but before they reach the gate. DATES: Written comments should be submitted on or before January 22, 2008. ADDRESSES: You may submit comments identified by DOT Docket ID Number OST 2007-28522 by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *Mail:* Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. • *Hand Delivery or Courier:* West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. • *Fax:* 202-493-2251. *Instructions:* Identify docket number, OST 2007-28522, at the beginning of your comments, and send two copies. To receive confirmation that DOT received your comments, include a self-addressed stamped postcard. Internet users may access all comments received by DOT at *http://www.regulations.gov.* All comments are posted electronically without charge or edits, including any personal information provided. *Privacy Act:* Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://DocketInfo.dot.gov.* *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov.* or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: Bernie Stankus, Office of Airline Information, RTS-42, Research and Innovative Technology Administration, Bureau of Transportation Statistics, Telephone Number
(202)366-4387, Fax Number
(202)366-3383 or e-mail *bernard.stankus@dot.gov.* SUPPLEMENTARY INFORMATION: DOT invites air carriers and other interested persons to participate in this rulemaking by submitting written comments or views. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. Background The Department's rule requiring airlines that account for at least one percent of the domestic scheduled passenger revenues to submit service quality performance reports, 14 CFR part 234, was first issued on September 9, 1987 (52 FR 34071). At that time, close to 40 percent of all flights were either late or cancelled. On-time performance reporting created a market-based incentive for carriers to improve their service and scheduling practices. The immediate result of this action was an improvement in carriers' on-time performance. For the remainder of 1987, the industry had an on-time arrival rate of over 74 percent. In 1995, the Department added additional data elements to the reporting system to enable the Federal Aviation Administration
(FAA)to identify choke points within the air traffic control system (60 FR 66722, December 26, 1995). Aircraft tail number, wheels-off time and wheels-on time gave the FAA information concerning aircraft routings through the air traffic control system and detailed data on tarmac and airborne delays. In addition, the department required air carriers to report delays related to mechanical problems. In 1999 and 2000, airline delays increased dramatically with the increase in airline operations. Consumer complaints concerning flight delays increased by 18% from 1999 to 2000. Section 227 of the Aviation Investment and Reform Act for the 21st Century (Air-21; See Pub. L. 106-181, 114 Stat. 61) called upon the Secretary of Transportation to disclose to the public the causes of delayed and cancelled flights. On July 25, 2000, the Department's Office of Inspector General
(IG)issued a report *Air Carrier Flight Delays and Cancellations* (Report Number CR 2000-112). In its report, the IG recommended that DOT provide consumers, on a monthly basis, information about the major causes of flight delays and cancellations. During this period, the Air Transport Association of America also petitioned the Department to report the causes of delays and cancellations. In August 2000, an Air Carrier On-time Reporting Advisory Committee was established to make recommendations on causal reporting. The committee recommended four delay causes—Air Carrier, Extreme Weather, National Aviation System, and Late Arriving Aircraft. After notice and comment on the matter, in November 2002, the Department adopted a final rule that required carriers to report the causes of delays in these four categories, along with a fifth category, Security. (67 FR 70535, November 25, 2002.) The occurrence in late 2006 and early 2007 of significantly long on-ground delays, particularly those involving flights that departed the gate but were delayed taking off and those that had landed but were delayed in reaching a gate, commonly referred to as “tarmac delays,” once again focused public attention on the Department's collection of Airline Service Quality Performance Reports under part 234. In reviewing the currently available data, we find that the Department can determine the extent of tarmac delays for most flights. However, these data cannot be used to capture tarmac delays in all instances since the reporting requirements were never intended for such a purpose. In this regard, when first adopted, the intent of part 234's reporting requirements was to obtain and provide to the public data involving on-time departures and arrivals, while later revisions to the rule were concerned with taxi times and the causes of flight delays. Currently, the Department cannot calculate tarmac delays for canceled or diverted flights. For example, on February 14, 2007, during snowstorms in the Northeast, many flights departed the boarding gates only to spend many hours on the tarmac being de-iced and waiting for the weather to clear. When the weather failed to clear sufficiently, flights were cancelled. Under current reporting rules, if a flight is canceled, only that fact is required to be reported. Air carriers are not required to report the time of departure from a gate for canceled flights. Thus, under current reporting rules, air carriers do not provide information that enables the Department to determine whether a flight, that is ultimately canceled, experienced a tarmac delay and the extent of that delay. Similar data gaps exist for flights that are diverted to alternate airports, as was demonstrated by massive flight diversions that occurred in the Southwestern United States in late 2006 as a result of bad weather. Under the current reporting regulations, on-time reporting ceases when a flight is diverted from its scheduled routing. The carrier reports the scheduled departure and arrival times and the actual gate departure and wheels-off times. However, no information is reported on the arrival at the airport to which a flight is diverted or the departure from that alternate airport, and no information is reported on whether or not that flight ultimately arrived at its scheduled destination airport and, if it did, its time of arrival at that airport. Moreover, in our review of the available data, we discovered that carriers were not uniformly reporting gate-departure times (i.e. when a flight that had departed a gate returned to the gate and subsequently departed the gate again for take-off). Some carriers reported the initial gate-departure time while others reported the “second” gate-departure time. There are advantages and disadvantages with both reporting methods. By receiving data on only the first gate-departure time, the Department knows the time interval from when the aircraft initially departed the gate and when the aircraft ultimately departed the airport (wheels-off time). However, there are times when a carrier is credited with an on-time departure, when in reality the aircraft returned to the gate only to depart well after its originally-scheduled departure time. In such instances, the taxi-out time (and tarmac delay time) for the aircraft is also miscalculated, because the time the aircraft was parked at the gate awaiting its second gate departure, a time when passengers are often deplaned, would be counted in the taxi-out/tarmac delay time. On the other hand, while reporting data on only the second gate-departure time might be seen as a more accurate assessment of delay in departure, this information would fail to capture the duration of any tarmac delay that occurred after the first gate departure, thereby disguising the true inconvenience to passengers on that flight. Public Meeting On June 20, 2007, the Bureau of Transportation Statistics (BTS)/Research and Innovative Technology Administration hosted a public meeting to discuss data gaps and inconsistencies in the reporting of on-time data. A summary of the public meeting is available in Docket No. OST 2007-28522. The airlines present at the meeting and the Air Transport Association (ATA), which represents 11 airlines that submit on-time data, fully supported the objectives of filling data gaps and improving the utility of on-time data. American Airlines recommended that any change to the reporting regulations ensure that:
(1)The information is reported consistently by all carriers;
(2)the potential for misinterpretation of the data is limited; and
(3)the reporting burden on the air carriers is limited. ATA proposed that carriers report the last gate-departure time in the normal data field for gate-departure time and create a new field where the carriers would report the initial gate-departure time when there is a return-to-gate situation. ATA also proposed that BTS create another field for total time on tarmac for multiple gate departures. Various consumer groups expressed the opinion that the current system was providing misleading information by understating tarmac delays. The Aviation Consumer Action Project
(ACAP)stated that the delay statistics are so incomplete or inaccurate as to be misleading or deceptive to the public. ACAP objects to the way carriers report cancellations and diversions: specifically, it objects to the fact that no delay minutes are assigned to cancelled and diverted flights. Also, ACAP is of the view that, rather than requiring airlines to track the delay minutes of aircraft, the public would better be served by knowing the delay suffered by each passenger. For instance, a flight could arrive 50 minutes late causing some passengers to miss connecting flights. The overall delay experienced by these passengers likely would be much greater than the 50 minutes of aircraft delay reported to BTS. On June 20, 2007, Congresswomen Jean Schmidt sent a letter to Secretary Mary Peters commending the Department's action to review on-time reporting, and recommending that the Department collect complete information on gate returns, and cancelled and diverted flights. As a follow up to the public meeting, BTS asked the reporting air carriers to provide answers to the following questions: 1. For Gate Returns, do you collect or have access to: The number of times a plane returns to the gate? The time the plane leaves and returns to the gate for each gate departure/return? The number of minutes a plane stays on the tarmac for all gate returns until the final departure or cancellation? In the case where a plane takes off and returns to the gate, the number of minutes the plane stays in the air (i.e., is there a wheels-on and wheels-off time)? The cause for the gate return(s)? 2. For Cancelled Flights: No additional questions. 3. For Diverted Flights, do you collect or have access to: If the plane lands at an alternative airport, the airport's three letter code? The number of minutes the plane stays on the tarmac at the alternative airport? The wheels-on time at the alternative airport? The cause of the diversion? If the passengers are not deplaned, the wheels-off time when the flight resumes? If the passengers are deplaned, the time the plane arrives at the gate? Whether the flight continues on to the original destination airport? If yes, what is the plane's departure date, gate departure time, and wheels-off time? For all continuation flights, what are the wheels-on and gate arrival time at the original destination airport? The answers of those carriers that responded to the questions lead us tentatively to conclude that the requested data can be collected with a couple of exceptions. Some carriers apparently do not currently retain information on how long an aircraft sits on the tarmac before the flight is ultimately cancelled. Other carriers apparently do not currently record the cause of gate returns or flight diversions. Nevertheless, the general opinion expressed by those carriers responding is that with some reprogramming to the individual carriers' internal systems, all the data could be collected and retrieved. ATA responded by proposing the addition of five data elements:
(1)Gate Departure Time—first time out at origin airport.
(2)Total ground time away from gate for all gate/air returns at origin airport, including cancelled flights—actual minutes.
(3)Average ground time away from gate for all gate/air returns at origin airport, including cancelled flights—actual minutes.
(4)Total ground time away from gate at divert and destination airport(s)—actual minutes.
(5)Average ground time away from gate at divert and destination airport(s)—actual minutes. ATA requested that any changes to the reporting requirements be made at the same time and that the implementation of the changes become effective no sooner than 6 months after the Department issues a new Accounting and Reporting Directive on the new reporting system. ATA also offered to participate in an industry working group comprised of DOT and interested carrier officials, much like the group that successfully collaborated on the reporting of the causes of delay. Need for Improved Reporting and Disclosure The Department believes that the Airline Service Quality Performance reporting system needs to be revised in order to provide consumers with a complete picture of tarmac delays. The current system also does not provide information on whether diverted flights ultimately reach their intended destination. The Department proposes to make the following revisions to its reports required pursuant to Part 234: Current Data Fields 1. For gate/air returns and cancellations—carriers would report the last gate departure as the Gate Departure Time (Actual). 2. For diverted flights that ultimately reach their destination, carrier would report: • Gate Arrival Time (Actual) at destination airport. • Difference in Minutes Between Official Airline Guide
(OAG)and Scheduled Arrival Time. • Actual Gate to Gate Time in Minutes. • Arrival Delay Difference in Minutes Between Actual Arrival Time and Computer Reservation System
(CRS)Scheduled Arrival Time. • Wheels-On Time (actual) at destination airport. • The Minutes Late for the proper Delay Code(s). New Data Elements Cancellations and Gate/Air Returns 1. For gate/air returns, first gate-departure time at origin airport. 2. Total ground time away from gate for all gate/air returns at origin airport, including cancelled flights—actual minutes. 3. Average ground time away from gate for all gate/air returns at origin airport, including cancelled flights—actual minutes. New Data Elements Diverted Flights 1. Three letter code of airport for diverted airport(s). 2. Wheels-on Time at diverted airport. 3. Gate Arrival Time at diverted airport. 4. Gate Departure Time at diverted airport. 5. Wheels-off Time at diverted airport. Technical Directive BTS plans to issue a technical reporting directive in combination with a final rule. In the development of the directive, BTS would like to work with the air carriers to form a pilot group for submitting the new data elements. With proper testing, we hope to ensure that we would be collecting the required data in the most efficient manner possible for both BTS and the air carriers. Tracking Individual Passenger Delay We agree with ACAP that the airline quality service reports currently required to be filed do not capture the delays experienced by individual passengers when a missed connection, cancellation or diversion occurs. With the very high passenger loads on aircraft, it is becoming increasingly more difficult for passengers to rebook a flight. The current reporting system required under Part 234 was designed, however, to track aircraft and airline operations. When delays occur there are two types of delayed passengers: non-disrupted and disrupted. The non-disrupted passenger completes the flight itinerary without suffering a missed connection, diversion or cancellation. The delay minutes of a non-disrupted passenger are relatively easy to calculate. The disrupted passenger either misses a connecting flight, or experiences a cancelled or diverted flight. The Department does not have the data available to accurately assign flight delay minutes to disrupted passengers as information is lacking on how the passenger completed the journey or even if the passenger completed their journey. Time-sensitive passengers may abandon their trip plans and return home while others may remain at the airport awaiting the next available flight. Tracking the movement of individual passengers and assigning delay minutes to individuals is difficult, if not impossible, and could be seen by some as an invasion of privacy. We believe the cost of tracking individual passenger movements would outweigh the benefit of assigning a delay time to a disrupted passenger. Rulemaking Notices and Analyses Economic Summary Executive Order 12866 Under Executive Order No. 12866, (58 FR 51735, October 4, 1993) the Agency must determine whether the regulatory action is “significant” and therefore subject to OMB review and the requirements of the Executive Order. The Order defines “significant regulatory action” as one that is likely to result in a rule that may:
(1)Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;
(2)create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
(3)materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
(4)raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. It has been determined that this proposed action is a “significant regulatory action” [or non-significant if OMB agrees] under Executive Order No. 12866. The proposal has high Executive, Congressional and public interest. This Executive Order also requires each agency to write regulations that are simple and easy to understand. To the extent possible, this proposed rule meets these criteria. Cost/Benefits Congress has proposed that BTS expand the reporting system to capture all operational data on gate returns, cancelled and diverted flights (see H.R. 2881, the FAA Reauthorization Act of 2007). Carriers have commented that the cost for programming to provide additional data on gate returns, cancelled and diverted flights could range from $10,000 to $60,000 per carrier. Using the high estimate, compliance to this rule could cost the industry $1.2 million. It is difficult to assign a dollar value to the intangible benefits derived from the rule. Consumers will have more accurate data for making their transportation selections. The FAA will have complete data on all long tarmac delays. Regulatory Flexibility Act This Act requires agencies to analyze the economic impact of regulatory changes on small entities. The carriers that are required to report ASQP data are all large air carriers with annual operating revenues exceeding $600 million. Thus, this proposal, if adopted, will not have a significant economic impact on a substantial number of small entities. Trade Agreements Act This Act prohibits agencies from setting standards that create unnecessary obstacles to foreign commerce of the United States. ASQP data are for domestic operations only and have no impact on the foreign commerce of U.S. carriers. Unfunded Mandates Reform Act of 1995 This Act requires agencies to prepare a written assessment of the costs, benefits, and other effects of a proposed or final rule that include a Federal mandate likely to result in the expenditure by State, local, or tribal government. This proposed rule imposes no expenditures on State, local or tribal governments. Executive Order 13132, Federalism The Department has analyzed this proposed rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this proposed action will not have a substantial direct effect on the States, or the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government, and therefore does not have federalism implications. Paperwork Reduction Act The Department has submitted a copy of the new information requirements in this proposed rule to the Office of Management and Budget for review. Based on carrier comments, we are estimating a first year increase in reporting burden of 900 hours per carrier or an industry increase of 18,000 hours. After the carriers have revised their systems, reporting burden should be reduced slightly in the future. We request that carriers provide estimates of what they perceive as increased costs and burdens from this proposed action. Regulation Identifier Number A regulation identifier number
(RIN)is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda each April and October. The RIN Number 2139-AA13 contained in the heading of this document can be used to cross reference this action with the Unified Agenda. List of Subjects in 14 CFR Part 234 Air carriers, Reporting and recordkeeping requirements. Accordingly, the U.S. Department of Transportation proposes to amend 14 CFR Chapter II as follows: PART 234—[AMENDED] 1. The authority citation for part 234 is revised to read as follows: Authority: 49 U.S.C. 329 Secs. 41708 and 41709. 2. Section 234.4 is amended by adding paragraphs (a)(22) through (a)(29) and revising paragraph
(b)to read as follows: § 234.4 Reporting of on-time performance.
(a)* * *
(22)For gate/air returns, first gate-departure time at origin airport.
(23)Total ground time away from gate for all gate/air returns at origin airport, including cancelled flights—actual minutes.
(24)Total number of gate returns.
(25)Three letter code of airport where diverted flight landed.
(26)Wheels-on Time at diverted airport.
(27)Gate Arrival Time at diverted airport.
(28)Gate Departure Time at diverted airport.
(29)Wheels-off Time at diverted airport.
(b)When reporting the information specified in paragraph
(a)of this section for diverted flights, a reporting carrier shall use the original scheduled flight number and the origin and destination airport codes except for items cited in paragraph (a)(25) of this section. Issued in Washington, DC, on November 15, 2007. M. Clay Moritz, Jr., Acting Assistant Director, Office of Airline Information, Bureau of Transportation Statistics. [FR Doc. 07-5759 Filed 11-15-07; 4:15 pm]
Connectionstraces to 11
Traces to 11 documents
U.S. Code
CFR
- May I address the unsafe condition in a way other than that set out in the airworthiness directive?§ 39.19
- Persons authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or component parts for return to service after maintenance, preventive maintenance, rebuilding, or alteration.§ 43.7
- Content, form, and disposition of maintenance, preventive maintenance, rebuilding, and alteration records (except inspections performed in accordance with part 91, part 125, § 135.411(a)(1), and § 135.419 of this chapter).§ 43.9
- Issue of type certificate: import products.§ 21.29
- Are airworthiness directives part of the Code of Federal Regulations?§ 39.13
6 references not yet in our index
- 14 CFR 39
- 1 CFR 51
- 14 CFR 23.1353(h)
- 14 CFR 234
- Pub. L. 106-181
- 114 Stat. 61
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cites case law
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Cite14 CFR 39
Cite1 CFR 51
Cite14 CFR 23.1353(h)
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