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Code · REGISTER · 2008-01-22 · Agency Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3726-3727 08-170 Agriculture Agriculture Department See Feder · Unknown

Unknown. Final rule

12,969 words·~59 min read·/register/2008/01/22/08-164

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2008-01-22.xml --- 73 14 Tuesday, January 22, 2008 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3726-3727 08-170 Agriculture Agriculture Department See Federal Crop Insurance Corporation See Forest Service See Rural Utilities Service Antitrust Antitrust Division NOTICES National Cooperative Research and Production Act:
Advanced Workflow Media Association, Inc., 3755 08-198 Portland Cement Association, 3755 08-199 Census Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3694 E8-913 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3728-3729 08-185 08-186 Coast Guard Coast Guard RULES Security Zone; Manbirtee Key, Port of Manatee, FL, E8-1013 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 3693-3694 E8-919 E8-921 Commodity Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3705-3706 E8-981 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 3706 08-245 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3706 E8-927 Defense Defense Department NOTICES Renewal of Department of Defense Federal Advisory Committees, 3706-3707 E8-986 Education Education Department NOTICES Improving Literacy Through School Libraries Program Notice Inviting Applications for New Awards for Fiscal Year
(FY)2008, 3707-3711 E8-1007 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Energy Efficiency Program for Consumer Products: Public Meeting and Availability of the Framework Document for Fluorescent Lamp Ballasts, 3653-3655 E8-938 EPA Environmental Protection Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3722-3723 E8-1000 Determination of Sole Source Aquifer Petition, 3723 E8-999 Meetings: Local Government Advisory Committee, 3723-3724 E8-991 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness Directives: Bombardier Model CL 600 2B19 (Regional Jet Series 100 & 440) Airplanes, 3621-3623 E8-922 Eclipse Aviation Corporation Model EA500 Airplanes, 3618-3619 E8-751 GARMIN International GSM 85 Servo Gearbox Units, 3615-3617 E8-828 McDonnell Douglas Model 717 200 Airplanes, 3620-3621 E8-926 Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko” Model SZD-50-3 “Puchacz” Gliders, 3623-3625 E8-870 Proposed Establishment of Class E5 Airspace: Eagle Pass, Texas, 3625-3626 08-164 PROPOSED RULES Airworthiness Directives: Airbus Model A310 and A300-600 Series Airplanes, 3656-3659 E8-977 Proposed Airworthiness Design Standards for Acceptance Under the Primary Category Rule: Cubcrafters, Inc., Model PC18-160, 3655-3656 E8-852 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3792-3793 08-211 08-212 08-213 Grant Acquired Property Release; Fulton County Airport, Brown Field, Atlanta, GA; Comment Opportunity, 3794 08-210 Noise Compatibility Program Approval 14 CFR Part 150: Ronald Reagan Washington National Airport, Arlington, VA, 3794-3795 08-209 Passenger Facility Charge Approvals and Disapprovals, 3795-3797 08-161 FCC Federal Communications Commission RULES Digital Audio Broadcasting Systems and Impact on Terrestrial Radio Broadcast Service, 3652 E8-1008 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3724 E8-1022 Federal Crop Federal Crop Insurance Corporation NOTICES Funding Opportunity Title: Commodity Partnerships for Risk Management Education, 3660-3668 E8-943 Commodity Partnerships for Small Agricultural Risk Management Education Sessions; Commodity Partnerships Small Sessions Program, 3668-3675 E8-952 Community Outreach and Assistance Partnership Program, 3675-3681 E8-941 Crop Insurance Education in Targeted States (Targeted States Program), 3681-3688 E8-942 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 3724 E8-944 Federal Election Federal Election Commission NOTICES Filing Dates for the Indiana Special Election, 3724-3725 E8-912 Federal Energy Federal Energy Regulatory Commission RULES Annual Charges for the Use of Government Lands Fee Schedule; Update, 3626-3634 E8-884 NOTICES Combined Notice of Filings, 3711-3712 E8-980 E8-983 Compliance Filing: Bridgeline Holdings, L.P., 3713 E8-960 North Baja Pipeline, LLC, 3713 E8-966 Issuance of Order: Round Rock Energy, L.P., 3713-3714 E8-963 Snowflake White Mountain Power, LLC, 3714 E8-964 Leaf River Energy Center LLC; Public Scoping Meeting and Site Visit: Leaf River Storage Project, 3714 E8-962 Southern Natural Gas Company et al.; Intent to Prepare Environmental Assessment for Agl-Brunswick Project: Request for Comments on Environmental Issues, 3714-3716 E8-973 Tennessee Gas Pipeline Company; Intent to Prepare Environmental Assessment for Carthage Expansion Project: Request for Comments on Environmental Issues, 3716-3718 E8-974 Trunkline Gas Company, LLC; Under Blanket Authorization Request, 3718 E8-961 UGI LNG, Inc.; Intent to Prepare Environmental Assessment; Temple LNG Plant Expansion Project: Request for Comments on Environmental Issues, 3718-3721 E8-965 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 3725 E8-902 Proposals to Engage in Permissible Nonbanking Activities or Acquire Companies Engaged in Permissible Nonbanking Activities, 3725-3726 E8-976 E8-985 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3752-3753 E8-989 Meetings: Lake Champlain Sea Lamprey Control Alternatives Workgroup, 3753 E8-929 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3729-3731 E8-1004 E8-1005 Regulatory Site Visit Training Program, 3731-3732 E8-1006 Foreign Foreign Assets Control Office NOTICES Designation of Four Individuals and One Entity Pursuant to Executive Order 13438, 3804 E8-940 Forest Forest Service NOTICES New Fee Site: Rogue River, Siskiyou National Forest, 3688-3689 E8-820 Umpqua National Forest, Douglas County, Oregon; D-Bug Hazard Reduction Timber Sale Project, 3689-3691 E8-982 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3738-3739 E8-937 Housing Housing and Urban Development Department NOTICES Section 8 Housing Assistance Payments Program: Contract Rent Annual Adjustment Factors, Fiscal Year 2008, 3739-3752 E8-934 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration RULES Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 3634-3648 08-172 NOTICES Export Trade Certificate of Review, 3694-3695 E8-910 Justice Justice Department See Antitrust Division Labor Labor Department See Labor Statistics Bureau MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3755-3756 E8-945 Land Land Management Bureau NOTICES Meetings: Northwest Colorado Resource Advisory Council, 3753 08-169 Proposed Withdrawal Extension and Opportunity for Public Meeting; Montana, 3754 E8-953 Maritime Maritime Administration NOTICES Requested Administrative Waiver of the Coastwise Trade Laws, 3797-3798 E8-1009 E8-1020 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3798-3801 E8-947 E8-959 E8-990 Petition Denial, 3801-3802 E8-951 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3732-3733 E8-478 Meetings: Center for Scientific Review, 3733-3735 08-175 National Cancer Institute, 3735-3736 08-173 National Eye Institute, 3736 08-176 National Institute of Environmental Health Sciences, 3737-3738 08-181 National Institute of Neurological Disorders and Stroke, 08-177 08-178 National Institute on Alcohol Abuse and Alcoholism, 3737-3738 08-179 08-180 08-182 08-183 NOAA National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3696-3698 E8-914 E8-915 E8-916 E8-917 E8-920 Channel Islands National Marine Sanctuary Advisory Council; Vacancies Application Period Extension, 3698-3699 08-201 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Amendment 18, 3699-3700 E8-1042 E8-1046 Comprehensive Amendment Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 18, 3700-3702 E8-1029 E8-1045 Meetings: International Whaling Commission, 3702-3703 E8-1036 New England Fishery Management Council, 3703-3704 E8-949 E8-950 North Pacific Fishery Management Council, 3704 E8-948 Thunder Bay National Marine Sanctuary Advisory Council; Seat Availability, 3704-3705 08-200 National Park National Park Service NOTICES National Register of Historic Places; Pending Nominations and Related Actions, 3754-3755 08-194 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3756-3757 08-188 Nuclear Nuclear Regulatory Commission PROPOSED RULES Decommissioning Planning, 3812-3846 E8-574 NOTICES Environmental Assessment and Finding of No Significant Impact: Related to Issuance of Exemption for the Humboldt Bay Power Plant Unit 3, 3757-3759 E8-987 Facility Operating License Amendment Application Withdrawal; Exelon Generation Co., 3759 E8-988 Personnel Personnel Management Office NOTICES January 2008 Pay Adjustments, 3759-3760 E8-1032 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Special Permits Applications; Processing Delays, 3802-3803 08-202 Postal Postal Service NOTICES Meetings; Sunshine Act, 3760 08-250 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Martin Luther King, Jr., Federal Holiday (Proc. 8216), 3853-3856 08-255 ADMINISTRATIVE ORDERS Darfur; waiver of reimbursement to support UNAMID efforts (Presidential Determination) No. 2008-7 of December 14, 2007, 3851 08-241 Jerusalem Embassy Act; suspension of limitations (Presidential Determination) No. 2008-6 of December 12, 2007, 3847-3849 08-240 Middle East peace process; continuation of national emergency with respect to terrorists who threaten to disrupt (Notice of January 18, 2008), 3857-3859 08-258 RUS Rural Utilities Service NOTICES Environmental Assessment: East Texas Electric Cooperative, 3691-3692 E8-955 E8-958 Public Scoping Meeting and Environmental Assessment, Intent: Brazos Electric Power Cooperative Inc., 3692-3693 E8-957 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 3760 E8-946 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 3760-3765 E8-968 E8-995 E8-996 Boston Stock Exchange, Inc., 3767-3769 E8-997 Chicago Board Options Exchange, Inc., 3769-3783 E8-954 Financial Industry Regulatory Authority, Inc., 3783-3785 E8-992 International Securities Exchange, LLC, 3785-3786 E8-967 NASDAQ Stock Market LLC, 3786-3790 E8-993 E8-994 NYSE Arca, Inc., 3790-3792 E8-908 E8-998 State State Department NOTICES Meetings: U.S. National Commission for UNESCO Open Advisory Committee Teleconference, 3792 E8-1002 Surface Surface Transportation Board NOTICES Consolidated Appropriations Act, 2008: Solid Waste Rail Transfer Facilities, 3803 E8-1051 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office MISSING FOR: U.S.-China Economic and Security Review Commission U.S.-China Economic and Security Review Commission NOTICES Meetings: U.S.-China Economic and Security Review Commission, 3804-3805 E8-956 Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3805-3809 E8-923 E8-924 E8-925 E8-928 E8-930 E8-932 E8-935 Allowance for Private Purchase of an Outer Burial Receptacle in Lieu of a Government-Furnished Graveliner for a Grave in a VA National Cemetery, 3809 E8-984 Separate Parts In This Issue Part II Nuclear Regulatory Commission, 3812-3846 E8-574 Part III Executive Office of the President, Presidential Documents, 3847-3849, 3851 08-240 08-241 Part IV Executive Office of the President, Presidential Documents, 3853-3856 08-255 Part V Executive Office of the President, Presidential Documents, 3857-3859 08-258 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. 73 14 Tuesday, January 22, 2008 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28730; Directorate Identifier 2007-CE-063-AD; Amendment 39-15336; AD 2008-02-06] RIN 2120-AA64 Airworthiness Directives; GARMIN International GSM 85 Servo Gearbox Units AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: The FAA adopts a new airworthiness directive
(AD)for certain GARMIN International (GARMIN) GSM 85 servo gearbox units that are installed on airplanes. This AD requires you to inspect the GSM 85 servo gearbox for foreign object debris and return the unit to the manufacturer for replacement if you find debris. This AD results from reports of certain GARMIN GSM 85 servo gearbox units that have foreign object debris inside the assembly. We are issuing this AD to detect and correct defective GARMIN GSM 85 servo gearbox units, which could result in jamming of the gearbox. Jamming of the gearbox could lead to the pilot having to apply sufficient control force to override the servo gearbox slip clutch in order to control the airplane. In certain situations, this could compromise the safety of the airplane if the pilot was not able to focus on critical duties due to having to tend to the servo gearbox. DATES: This AD becomes effective on February 26, 2008. On February 26, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: To get the service information identified in this AD, contact GARMIN International Inc., 1200 East 151st Street, Olathe, KS 66062; telephone: 913-397-8200; fax: 913-397-8282. To view the AD docket, go to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at *http://www.regulations.gov.* The docket number is FAA-2007-28730; Directorate Identifier 2007-CE-063-AD. FOR FURTHER INFORMATION CONTACT: Roger A. Souter, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: 316-946-4134; fax: 316-946-4107; e-mail address: *roger.souter@faa.gov.* SUPPLEMENTARY INFORMATION: Discussion On August 14, 2007, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain GARMIN International (GARMIN) GSM 85 servo gearbox units that are installed on airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking
(NPRM)on August 21, 2007 (72 FR 46582). The NPRM proposed to require you to inspect the GSM 85 servo gearbox for foreign object debris and return the unit to the manufacturer for replacement if you find debris. Comments We provided the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and FAA's response to each comment: Comment Issue No. 1: Replace the Phrase “Excessive Manual Force” GARMIN states that using the phrase “excessive manual force” in the NPRM implies that the flight crew may not be able to control the airplane if the servo gearbox jams because of loose foreign object debris inside the gear-assembly housing. GARMIN agrees that more than typical or usual force may be necessary to overcome the slip clutch in the servo, but it is within the capability of the pilot to control the airplane. GARMIN requests that the phrase “excessive manual force” be replaced with “sufficient control force to override the servo gearbox slip clutch.” We partially agree with GARMIN. We will change the final rule AD action to reflect that jamming could lead to the pilot having to apply sufficient control force to override the servo gearbox slip clutch in order to control the airplane. Comment Issue No. 2: Incorporate Cessna Service Bulletin Cessna Aircraft Company (Cessna) has issued Service Bulletin SB07-22-01, dated June 4, 2007, to transmit GARMIN International, Inc. Service Bulletin No. 0713, Revision C, dated May 29, 2007. Cessna requests that their service bulletin be incorporated as a means for complying with this AD. We agree with Cessna and will change the final rule AD action to incorporate this change. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for the changes previously discussed and minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 900 airplanes in the U.S. registry. We estimate the following costs to do the inspection: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 7 work-hours × $80 per hour = $560 Not applicable $560 $504,000 For airplanes that will need to replace the GSM 85 servo gearbox based on the results of the inspection, we estimate the following costs to set the torque value of the slip-clutch breakaway required for installation. We have no way of determining the number of airplanes that will need this replacement: Labor cost per GSM 85 servo gearbox Parts cost Total cost per GSM 85 servo gearbox .5 work-hour × $80 per hour = $40 Not applicable $40 Warranty credit will be given to the extent specified in the service information. 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 AD. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2007-28730; Directorate Identifier 2007-CE-063-AD” in your request. 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 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. FAA amends § 39.13 by adding a new AD to read as follows: **2008-02-06 GARMIN International:** Amendment 39-15336; Docket No. FAA-2007-28730; Directorate Identifier 2007-CE-063-AD. Effective Date
(a)This AD becomes effective on February 26, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to the GSM 85 servo gearbox units that are specified in paragraph (c)(1) of this AD and are installed on airplanes. These GSM 85 servo gearbox units are installed in, but not limited to, airplanes that are certificated in any category and presented in paragraph (c)(2) of this AD:
(1)*GSM 85 servo gearbox units, part numbers (P/Ns):* 011-00894-00, 011-00894-02, 011-00894-04, 011-00894-06, 011-00894-07, 011-00894-08, 011-00894-09, 011-00894-10, 011-00894-11, and 011-00894-14.
(2)*Airplanes with the GSM 85 servo gearbox units installed (other aircraft could have installations through other methods such as field approval):* Type certificate holder Models
(i)Cessna Aircraft Company 182T, T182T, 206H, and T206H.
(ii)Hawker Beechcraft Corporation G36 and G58.
(iii)Diamond Aircraft Industries GmbH DA40 and DA40F.
(iv)Columbia Aircraft Manufacturing 350 and 400.
(v)Mooney Airplane Company, Inc M20M and M20R. Unsafe Condition
(d)This AD results from reports of certain GARMIN GSM 85 servo gearbox units that have foreign object debris inside the assembly. We are issuing this AD to detect and correct defective GARMIN GSM 85 servo gearbox units, which could result in jamming of the servo gearbox. This jamming could lead to the pilot having to apply sufficient control force to override the servo gearbox slip clutch in order to control the airplane. In certain situations, this could compromise the safety of the airplane if the pilot was not able to focus on critical duties due to having to tend to the servo gearbox. Compliance
(e)To address this problem, you must do the following, unless already done: Actions Compliance Procedures
(1)Check the serial tag of the installed GSM 85 servo gearbox unit to determine the mod level. The mod level marked on the serial tag indicates if the GSM 85 servo gearbox unit is already in compliance with this AD.
(i)If the serial tag on the installed GSM 85 servo gearbox unit for P/Ns 011-00894-00 or 011-00894-10 is marked at mod level 3, no further action is required.
(ii)If the serial tag on the installed GSM 85 servo gearbox unit for P/Ns 011-00894-02, 011-00894-04, 011-00894-06, 011-00894-07, 011-00894-08, 011-00894-09, 011-00894-11, or 011-00894-14 is marked at mod level 1, no further action is required.
(iii)If the serial tag on the above GSM servo gearbox unit is not at mod level 1 or 3 as specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this AD, then go to paragraph (e)(2) of this AD. Check within the next 100 hours time-in-service
(TIS)after February 26, 2008 (the effective date of this AD) or within the next 3 months after February 26, 2008 (the effective date of this AD), whichever occurs first. Check following GARMIN International, Inc. Service Bulletin No. 0713, Revision A, dated May 7, 2007; Service Bulletin No. 0713, Revision B, dated May 18, 2007; Service Bulletin No. 0713, Revision C, dated May 29, 2007; Service Bulletin No. 0713, Revision D, dated June 13, 2007; or Cessna Aircraft Company Single Engine Service Bulletin SB07-22-01, dated June 4, 2007, as applicable. If the Mod Level of the P/Ns specified in paragraph (e)(1)(i) and (e)(1)(ii) are at mod level 1 and mod level 3, as applicable, make an entry into the aircraft logbook showing compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). 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.
(2)If the serial tag on the GSM 85 servo gearbox for P/Ns specified in paragraph (e)(1) of this AD is not marked at mod level 1 or mod level 3 as specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this AD, inspect the servo gearbox for foreign object debris. Within the next 100 hours TIS after February 26, 2008 (the effective date of this AD) or within the next 3 calendar months after February 26, 2008 (the effective date of this AD), whichever occurs first. Follow the Modification Instructions in GARMIN International, Inc. Service Bulletin No. 0713, Revision A, dated May 7, 2007; Service Bulletin No. 0713, Revision B, dated May 18, 2007; Service Bulletin No. 0713, Revision C, dated May 29, 2007; Service Bulletin No. 0713, Revision D, dated June 13, 2007; or Cessna Aircraft Company Single Engine Service Bulletin SB07-22-01, dated June 4, 2007, as applicable.
(3)If foreign object debris is found during the inspection required in paragraph (e)(2) of this AD, remove and return the GSM 85 servo gearbox to the manufacturer for replacement. Before further flight after the inspection required in paragraph (e)(2) of this AD. Follow the Modification Instructions in GARMIN International, Inc. Service Bulletin No. 0713, Revision A, dated May 7, 2007; Service Bulletin No. 0713, Revision B, dated May 18, 2007; Service Bulletin No. 0713, Revision C, dated May 29, 2007; Service Bulletin No. 0713, Revision D, dated June 13, 2007; or Cessna Aircraft Company Single Engine Service Bulletin SB07-22-01, dated June 4, 2007, as applicable. 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: Roger A. Souter, Aerospace Engineer, FAA, Wichita ACO, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone:
(316)946-4134; fax:
(316)946-4107; e-mail address: *roger.souter@faa.gov* . 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 GARMIN International, Inc. Service Bulletin No. 0713, Revision A, dated May 7, 2007; GARMIN International, Inc. Service Bulletin No. 0713, Revision B, dated May 18, 2007; GARMIN International, Inc. Service Bulletin No. 0713, Revision C, dated May 29, 2007; GARMIN International, Inc. Service Bulletin No. 0713, Revision D, dated June 13, 2007; and Cessna Aircraft Company Single Engine Service Bulletin SB07-22-01, dated June 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 GARMIN International, Inc., 1200 East 151st Street, Olathe, KS 66062; telephone:
(913)397-8200; fax:
(913)397-8282.
(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 January 11, 2008. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-828 Filed 1-18-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29316; Directorate Identifier 2007-CE-078-AD; Amendment 39-15334; AD 2008-02-04] RIN 2120-AA64 Airworthiness Directives; Eclipse Aviation Corporation Model EA500 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)that supersedes AD 2007-13-11, which applies to all Eclipse Aviation Corporation (Eclipse) Model EA500 airplanes. AD 2007-13-11 was prompted by reports of loss of primary airspeed indication due to freezing condensation within the pitot system. AD 2007-13-11 requires operational limitations consisting of operation only in day visual flight rules (VFR), allowing only a VFR flight plan, and maintaining operation with two pilots. Since we issued AD 2007-13-11, Eclipse developed a design modification to the pitot/angle-of-attack
(AOA)system to eliminate the possibility of freezing condensation within the pitot/AOA system. Eclipse is incorporating this modification during production on Model EA500 airplanes starting with serial number (S/N) 000065. Consequently, this AD limits the applicability to airplanes under S/N 000065 and requires incorporating the modification. This AD also retains the operating limitations in AD 2007-13-11 until the modification is incorporated. We are issuing this AD to prevent long-term reliance on special operating limitations when a design change exists that will eliminate the need for the operating limitations. Incorporating the modification will prevent loss of air pressure in the pitot system, which could cause erroneous AOA and airspeed information with consequent loss of control. DATES: This AD becomes effective on February 26, 2008. On February 26, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: For service information identified in this AD, contact Eclipse Aviation Corporation, 2503 Clark Carr Loop, SE., Albuquerque, NM 87105, fax: 505-241-8802; e-mail: *customercare@eclipseaviation.com* . To view the AD docket, go to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at *http://www.regulations.gov* . The docket number is FAA-2007-29316; Directorate Identifier 2007-CE-078-AD. FOR FURTHER INFORMATION CONTACT: Al Wilson, Flight Test Pilot, Airplane Certification Office, FAA, 2601 Meacham Blvd., Fort Worth, Texas 76137-4298; telephone:
(817)222-5146; fax:
(817)222-5960. SUPPLEMENTARY INFORMATION: Discussion On October 15, 2007, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Eclipse Aviation Corporation (Eclipse) Model EA500 airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking
(NPRM)on October 19, 2007 (72 FR 59225). The NPRM proposed to supersede AD 2007-13-11 with a new AD that would change the Applicability section and would require you to incorporate the design modification of the pitot/angle-of-attack
(AOA)system. The NPRM also proposed to retain the operating limitations in AD 2007-13-11 until the modification is incorporated. Comments We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 64 airplanes in the U.S. registry. We estimate the following costs to do the modification: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 30 work-hours × $80 per hour = $2,400 $7,000 $9,400 $601,600 Warranty credit will be given to the extent specified in the service bulletin. 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 AD. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2007-29316; Directorate Identifier 2007-CE-078-AD” in your request. 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 Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive
(AD)2007-13-11, Amendment 39-15115 (72 FR 34363, June 22, 2007), and adding the following new AD: **2008-02-04 Eclipse Aviation Corporation:** Amendment 39-15334; Docket No. FAA-2007-29316; Directorate Identifier 2007-CE-078-AD. Effective Date
(a)This AD becomes effective on February 26, 2008. Affected ADs
(b)This AD supersedes AD 2007-13-11, Amendment 39-15115. Applicability
(c)This AD applies to Model EA500 airplanes, serial numbers 000001 through 000064, that are certificated in any category. Unsafe Condition
(d)Reports of three instances of loss of primary airspeed indication due to freezing condensation within the pitot system prompted us to issue AD 2007-13-11. This AD results from Eclipse developing a design modification to the pitot/angle-of-attack
(AOA)system that eliminates the possibility of freezing condensation within the pitot/AOA system. Eclipse is incorporating this modification during production on Model EA500 airplanes starting with serial number 000065. We are issuing this AD to prevent long-term reliance on special operating limitations when a design change exists that would eliminate the need for the operating limitations. Incorporating the modification would prevent loss of air pressure in the pitot system, which could cause erroneous AOA and airspeed information with consequent loss of control. Compliance
(e)To address this problem, you must do the following, unless already done: Actions Compliance Procedures
(1)Incorporate the following into the Limitations section of the airplane flight manual (AFM):
(i)“Operate Only in Day Visual Flight Rules (VFR);”
(ii)“File Only a VFR Flight Plan;” and
(iii)“Operate with Two Pilots at All Times.” Before further flight after June 27, 2007 (the effective date of AD 2007-13-11). 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 insert the information into the AFM as specified in paragraph (e)(1) of this AD. You may insert a copy of this AD into the Limitations section of the AFM to comply with this action. Make an entry into the aircraft records showing compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
(2)Incorporate the design modification to the pitot/AOA system. When incorporated, this design modification terminates the AFM operational limitations required in paragraph (e)(1) of this AD. Within the next 60 days after February 26, 2008 (the effective date of this AD). Following Eclipse Aviation Alert Service Bulletin Number SB 500-34-005, Rev B, issued July 10, 2007. Alternative Methods of Compliance (AMOCs)
(f)The Manager, Fort Worth Airplane Certification 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: Al Wilson, Flight Test Pilot, 2601 Meacham Blvd., Fort Worth, Texas 76137-4298; telephone:
(817)222-5146; fax:
(817)222-5960. 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.
(g)AMOCs approved for AD 2007-13-11 are approved for this AD. Material Incorporated by Reference
(h)You must use Eclipse Aviation Alert Service Bulletin Number SB 500-34-005, Rev B, issued July 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 Eclipse Aviation Corporation, 2503 Clark Carr Loop, SE., Albuquerque, NM 87105, fax: 505-241-8802; e-mail: *customercare@eclipseaviation.com.*
(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 January 9, 2007. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-751 Filed 1-18-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29330; Directorate Identifier 2007-NM-199-AD; Amendment 39-15338; AD 2008-02-08] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for certain McDonnell Douglas Model 717-200 airplanes. This AD requires electrical bonding of the fill valves for the right and left main fuel tanks, the fill valve and pipe assembly for the center wing fuel tank, and the defuel shutoff valve. This AD results from a fuel system review conducted by the manufacturer. We are issuing this AD to prevent improper bonding of the fill valves and defuel shutoff valve for the main fuel tanks and center wing tank, which, in combination with a lightning strike, could result in a fuel tank explosion and consequent loss of the airplane. DATES: This AD is effective February 26, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 26, 2008. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024). Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Samuel S. Lee, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562)627-5262; fax
(562)627-5210. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an airworthiness directive
(AD)that would apply to certain McDonnell Douglas Model 717-200 airplanes. That NPRM was published in the **Federal Register** on October 11, 2007 (72 FR 57894). That NPRM proposed to require electrical bonding of the fill valves for the right and left main fuel tanks, the fill valve and pipe assembly for the center wing fuel tank, and the defuel shutoff valve. Comments We gave the public the opportunity to participate in developing this AD. We considered the single comment received. AirTran Airways supports the NPRM. Conclusion We reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 134 airplanes of the affected design in the worldwide fleet. This AD affects about 104 airplanes of U.S. registry. The required actions take about 4 work hours per airplane, at an average labor rate of $80 per work hour. Required parts cost about $9 per airplane. Based on these figures, the estimated cost of the AD for U.S. operators is $34,216, or $329 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings 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. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2008-02-08 McDonnell Douglas:** Amendment 39-15338. Docket No. FAA-2007-29330; Directorate Identifier 2007-NM-199-AD. Effective Date
(a)This airworthiness directive
(AD)is effective February 26, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to McDonnell Douglas Model 717-200 airplanes, certificated in any category, as identified in Boeing Service Bulletin 717-28-0012, Revision 1, dated June 7, 2006. Unsafe Condition
(d)This AD results from a fuel system review conducted by the manufacturer. We are issuing this AD to prevent improper bonding of the fill valves and defuel shutoff valve for the main fuel tanks and center wing tank, which, in combination with a lightning strike, could result in a fuel tank explosion and consequent loss of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Electrical Bonding
(f)Within 60 months after the effective date of this AD, accomplish the electrical bonding of the fill valves for the right and left main fuel tanks, the fill valve and pipe assembly for the center wing fuel tank, and the defuel shutoff valve, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 717-28-0012, Revision 1, dated June 7, 2006. Credit for Actions Done Using the Previous Service Information
(g)Actions accomplished before the effective date of this AD in accordance with Boeing Service Bulletin 717-28-0012, dated April 16, 2004, are considered acceptable for compliance with the corresponding actions specified in paragraph
(f)of this AD. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Los Angeles Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference
(i)You must use Boeing Service Bulletin 717-28-0012, Revision 1, dated June 7, 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 Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024).
(3)You may review copies of the service information incorporated by reference at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Issued in Renton, Washington, on January 11, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-926 Filed 1-18-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0185; Directorate Identifier 2007-NM-246-AD; Amendment 39-15337; AD 2008-02-07] RIN 2120-AA64 Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Bombardier Aerospace has completed a system safety review of the CL-600-2B19 aircraft fuel system * * *. The assessment showed that if the fuel boost pump reducer coupling is anodized, insufficient electrical bonding between the boost pump canister and the pressure pick-up line could occur. Insufficient electrical bonding between the boost pump canister and the pressure pick-up line, if not corrected, could result in arcing and potential ignition source inside the fuel tank during lightning strikes and consequent fuel tank explosion. * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective February 26, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 26, 2008. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone
(516)228-7331; fax
(516)794-5531. 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 November 13, 2007 (72 FR 63834). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Bombardier Aerospace has completed a system safety review of the CL-600-2B19 aircraft fuel system against new fuel tank safety standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment
(NPA)2002-043. The identified non-compliances were assessed using Transport Canada Policy Letter No. 525-001 to determine if mandatory corrective action is required. The assessment showed that if the fuel boost pump reducer coupling is anodized, insufficient electrical bonding between the boost pump canister and the pressure pick-up line could occur. Insufficient electrical bonding between the boost pump canister and the pressure pick-up line, if not corrected, could result in arcing and potential ignition source inside the fuel tank during lightning strikes and consequent fuel tank explosion. To correct the unsafe condition, this directive mandates a detailed visual inspection of the fuel boost pump for the presence of anodized reducer couplings. All anodized couplings found are to be replaced with couplings having ion vapor deposition
(IVD)coating. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a **Note** within the AD. Costs of Compliance We estimate that this AD will affect about 509 products of U.S. registry. We also estimate that it will take about 11 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $508 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $706,492, or $1,388 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2008-02-07 Bombardier, Inc. (Formerly Canadair):** Amendment 39-15337. Docket No. FAA-2007-0185; Directorate Identifier 2007-NM-246-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective February 26, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, certified in any category, serial numbers 7003 through 7067 and 7069 through 7797. Subject
(d)Air Transport Association
(ATA)of America Code 28: Fuel. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: Bombardier Aerospace has completed a system safety review of the CL-600-2B19 aircraft fuel system against new fuel tank safety standards introduced in Chapter 525 of the Airworthiness Manual through Notice of Proposed Amendment
(NPA)2002-043. The identified non-compliances were assessed using Transport Canada Policy Letter No. 525-001 to determine if mandatory corrective action is required. The assessment showed that if the fuel boost pump reducer coupling is anodized, insufficient electrical bonding between the boost pump canister and the pressure pick-up line could occur. Insufficient electrical bonding between the boost pump canister and the pressure pick-up line, if not corrected, could result in arcing and potential ignition source inside the fuel tank during lightning strikes and consequent fuel tank explosion. To correct the unsafe condition, this directive mandates a detailed visual inspection of the fuel boost pump for the presence of anodized reducer couplings. All anodized couplings found are to be replaced with couplings having ion vapor deposition
(IVD)coating. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Within 5,000 flight hours after the effective date of this AD, carry out a detailed inspection for the presence of an anodized (blue color) fuel boost pump reducer coupling according to the Accomplishment Instructions of Bombardier Service Bulletin 601R-28-057, dated December 4, 2003.
(2)If the results of the inspection required by paragraph (f)(1) of this AD reveal that none of the fuel boost pump reducer couplings are anodized, no further action is required.
(3)If the results of the inspection required by paragraph (f)(1) of this AD reveal the presence of any anodized fuel boost pump reducer coupling, prior to further flight, replace the anodized coupling with a coupling having ion vapor deposition coating according to the Accomplishment Instructions of Bombardier Service Bulletin 601R-28-057, dated December 4, 2003. 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, New York Aircraft Certification 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: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone
(516)228-7331; fax
(516)794-5531. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI Canadian Airworthiness Directive CF-2007-18, dated September 4, 2007; and Bombardier Service Bulletin 601R-28-057, dated December 4, 2003; for related information. Material Incorporated by Reference
(i)You must use Bombardier Service Bulletin 601R-28-057, dated December 4, 2003, 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 Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on January 11, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-922 Filed 1-18-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0045; Directorate Identifier 2007-CE-100-AD; Amendment 39-15339; AD 2008-02-09] RIN 2120-AA64 Airworthiness Directives; Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko” Model SZD-50-3 “Puchacz” Gliders AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: On the pre-flight check of a SZD-50-3 glider, the Right Hand
(RH)wing airbrake was found impossible to retract. Investigation revealed that the occurrence was caused by a loose bolt of the “V” shape airbrake bellcrank, named hereafter intermediate control lever. The Left Hand
(LH)wing lever also presented, to a lesser extent, a loose bolt. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective February 1, 2008. On February 1, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive comments on this AD by February 21, 2008. 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. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The 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: Greg Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4130; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Emergency AD No. 2007-0275-E, dated October 24, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: On the pre-flight check of a SZD-50-3 glider, the Right Hand
(RH)wing airbrake was found impossible to retract. Investigation revealed that the occurrence was caused by a loose bolt of the “V” shape airbrake bellcrank, named hereafter intermediate control lever. The Left Hand
(LH)wing lever also presented, to a lesser extent, a loose bolt. This Airworthiness Directive
(AD)requires inspection of the LH & RH wing airbrake intermediate control levers for loose attaching bolts and subsequent repetitive inspections and corrective actions, as necessary. As a terminating action, replacement of the bolts and their associated washers is required. These actions are intended to address the identified unsafe condition so as to prevent loss of the airbrake control system which could result in an inadvertent forced landing with consequent sailplane damage and/or passenger injury. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Allstar PZL Glider Sp. z o. o. has issued Service Bulletin No. BE-059/SZD-50-3/2007 “PUCHACZ,” dated October 15, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This AD is considered an interim action because we are not including a repetitive inspection requirement in this AD. The Administrative Procedure Act does not permit the FAA to “bootstrap” a long-term requirement into an urgent safety of flight action where the rule becomes effective at the same time the public has the opportunity to comment. The short-term action and the long-term action are analyzed separately for justification to bypass prior public notice. After issuing this AD, we may initiate further AD action (notice of proposed rulemaking followed by a final rule) to require the inspection to be repetitive and to require a terminating action. Credit will be given in any subsequent action for the initial inspection done under this AD. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over those copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the inability to retract the wing airbrake could cause asymmetrical operation of the airbrake system and result in an unintentional roll. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0045; Directorate Identifier 2007-CE-100-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2008-02-09 Przedsiebiorstwo Doswiadczalno-Produkcyjne Szybownictwa “PZL-Bielsko”:** Amendment 39-15339; Docket No. FAA-2008-0045; Directorate Identifier 2007-CE-100-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective February 1, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Model SZD-50-3 “Puchacz” gliders, all serial numbers up to and including B-2207, 503199327, 503A04001, 503A05002, and 503A05003, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 27: Flight controls. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: On the pre-flight check of a SZD-50-3 glider, the Right Hand
(RH)wing airbrake was found impossible to retract. Investigation revealed that the occurrence was caused by a loose bolt of the “V” shape airbrake bellcrank, named hereafter intermediate control lever. The Left Hand
(LH)wing lever also presented, to a lesser extent, a loose bolt. This AD requires inspection of the LH and RH wing airbrake intermediate control levers for loose attaching bolts and subsequent repetitive inspections and corrective actions, as necessary. As a terminating action, replacement of the bolts and their associated washers is required. These actions are intended to address the identified unsafe condition so as to prevent loss of the airbrake control system which could result in an inadvertent forced landing with consequent sailplane damage and/or passenger injury. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Within 10 days after February 1, 2008 (the effective date of this AD), inspect the left-hand
(LH)and the right-hand
(RH)wing airbrake intermediate control levers for loose attaching bolts following Allstar PZL Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 “PUCHACZ,” dated October 15, 2007.
(2)Before further flight after the inspection required in paragraph (f)(1) of this AD if any loose bolt is found, on both wings replace the split helical spring lock washers with tab washers and replace the M8x34 bolts with M8x32 bolts following Allstar PZL Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 “PUCHACZ,” dated October 15, 2007.
(3)No further action is required at this time if no loose bolts were found during the inspection required in paragraph (f)(1) of this AD. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows:
(1)The MCAI and the service information require repetitive inspections if no loose bolts are found during the initial required inspection until the next 1,000-hour time-in-service
(TIS)overhaul after the effective date of the AD, at which time replacing the split helical spring lock washers with tab washers and replacing the M8x34 bolts with M8x32 bolts is required.
(2)This AD is considered an interim action because we are not including a repetitive inspection requirement in this AD. The Administrative Procedure Act does not permit the FAA to “bootstrap” a long-term requirement into an urgent safety of flight action where the rule becomes effective at the same time the public has the opportunity to comment. The short-term action and the long-term action are analyzed separately for justification to bypass prior public notice.
(3)After issuing this AD, we may initiate further AD action (notice of proposed rulemaking followed by a final rule) to require the inspection to be repetitive and to require a terminating action. Credit will be given in any subsequent action for the initial inspection done under this AD. 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, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4130; fax:
(816)329-409. Before using any approved AMOC on any glider 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)Emergency AD No. 2007-0275-E, dated October 24, 2007; and Allstar PZL Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 “PUCHACZ,” dated October 15, 2007, for related information. Material Incorporated by Reference
(i)You must use Allstar PZL Glider Sp. z o. o. Service Bulletin No. BE-059/SZD-50-3/2007 “PUCHACZ,” dated October 15, 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 ALLSTAR PZL GLIDER Sp. z o. o., ul. Cieszynska 325, 453-300 Bielsko-Biala.
(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 January 14, 2008. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-870 Filed 1-18-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-027; Airspace Docket No. 08-ASW-3] Proposed Establishment of Class E5 Airspace; Eagle Pass, TX AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule request for comments. SUMMARY: This action proposes to establish Class E5 airspace at Eagle Pass, TX. Additional controlled airspace is necessary to accommodate aircraft using new RNAV Global Positioning System
(GPS)Standard Instrument Approach Procedures (SIAP). The FAA is proposing this action to enhance the safety and management of Instrument Flight Rules
(IFR)aircraft operations at Eagle Pass, TX, Maverick County Memorial International Airport. DATES: *Effective Dates:* 0901 UTC April 10, 2008. Comments for inclusion in the rules Docket must be received on or before February 25, 2008. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You must identify the docket number FAA-2008-0027/Airspace Docket No. 08-ASW-3, at the beginning of your comments. You may also submit comments through the Internet at *http://regulations.gov.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the ground floor of the building at the above address. FOR FURTHER INFORMATION CONTACT: Joe Yadouga, Central Service Center, System Support Group, Federal Aviation Administration, Southwest Region, Ft. Worth, Texas 76193-0530; telephone
(817)222-5597. SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the effective date of the rule. If the FAA receives, within the comment period, an adverse or negative comment, or written comment notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. An electronic copy of this document may be downloaded from *http://www.regulations.gov.* Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or through the Web site. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. The Rule This amendment to Title 14, Federal Regulations (14 CFR) part 71 establishes Class E5 airspace at Eagle Pass, TX providing the airspace required to support the new RNAV
(GPS)RWY 13/31 approach developed for IFR landings at Maverick County Memorial International Airport. Controlled airspace extending upward from 700 feet above the surface is required to encompass all SIAPs and for the safety of IFR operations at Maverick County Memorial International Airport. Designations for Class E5 airspace areas extending upward from 700 feet above the surface of the earth are published in the FAA Order 7400.9R, signed August 15, 2007 and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. Class E5 designations listed in this document will be published subsequently in the Order. Agency Findings The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government. Therefore, it is determined that this final rule does not have federalism implication under Executive Order 13132. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore,
(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)does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49, of the United States Code. 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. This rulemaking is promulgated under the authority described in subtitle VII, Part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E5 airspace near Eagle Pass, TX. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, Airspace Designation and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6002 Class E5 airspace areas extending upward from 700 feet above the surface of the earth ASW TX Class E5 Eagle Pass, TX [New] Maverick County Memorial International Airport (lat. 28° 51.43′N., long. 100°30.81′W.) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Maverick County Memorial International Airport to exclude the international boundaries of Mexican airspace. This Class E5 airspace is effective during specific dates and times established in advance by Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Issued in Fort Worth, TX, on January 9, 2008. Donald R. Smith, Manager, System Support Group, ATO Central Service Center. [FR Doc. 08-164 Filed 1-18-08; 8:45 am]
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