Unknown. Interim rule and request for comments

16,329 words·~74 min read·/register/2008/02/20/08-717·

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-2008-02-20.xml --- 73 34 Wednesday, February 20, 2008 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9334-9338 08-737 08-757 Solicitation for Nominations for New Clinical Preventive Health Topics, 9338-9339 08-738 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Rural Housing Service Animal Animal and Plant Health Inspection Service RULES Add Mauritius to the List of Regions Where African Swine Fever Exists, 9174-9175 E8-3107 Mediterranean Fruit Fly;

Add Portion of Los Angeles County, CA, to the List of Quarantined, 9171-9172 E8-3106 Mexican Fruit Fly; Designation of Portion of San Diego County, CA, as a Quarantined Area, 9172-9174 E8-3105 Antitrust Antitrust Division NOTICES Bionanomatrix-Complete Genomics NIST ATP Joint Venture, 9356 08-755 Electronic Healthcare Network Accreditation Commission, 9356-9357 08-752 National Center for Manufacturing Sciences, Inc., 9357 08-756 Technical Innovations Enabling a New Direct Wind Turbine Generator;

ATP Award No. 70NANB7H7055, 9357 08-754 Terapics-Joint Venture Under ATP Award No. 70NANB7H7044, 9357-9358 08-753 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9339-9341 E8-3076 E8-3077 Meetings: National Institute for Occupational Safety and Health, 9341 E8-3071 Civil Civil Rights Commission NOTICES Meetings: Arizona State Advisory Committee, 9277 E8-3134 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:

Taunton River, Fall River, and Somerset, MA, 9190 08-781 NOTICES Great Lakes Pilotage Advisory Committee; Vacancies, 9346 E8-3078 Navigation Safety Advisory Council; Vacancies, 9346-9347 E8-3080 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Coordinating Coordinating Council on Juvenile Justice and Delinquency Prevention NOTICES Meetings: Coordinating Council on Juvenile Justice and Delinquency Prevention, 9302-9303 E8-3051 Defense Defense Acquisition Regulations System NOTICES Suspension of Price Evaluation Adjustment for Small Disadvantaged Businesses, 9304 E8-3150 Defense Defense Department See Defense Acquisition Regulations System See Navy Department NOTICES Meetings:

Veterans’ Advisory Board on Dose Reconstruction, 9303-9304 E8-3085 Education Education Department NOTICES Migrant and Seasonal Farmworkers Program: Notice Inviting Applications for New Awards for Fiscal Year 2008, 9304-9308 E8-3143 Employment Employment Standards Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9358 E8-3117 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Establishment of Atomic Safety and Licensing Board, 9358-9359 E8-3098 Interim Approval, 9308-9313 E8-3108 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:

Indiana; VOC Emissions from Fuel Grade Ethanol Production Operations, 9201-9203 E8-2893 Maine; Conformity of General Federal Actions, 9203-9206 E8-2884 Approval and Promulgation of Implementation Plans for Air Quality Planning Purposes: Georgia: Early Progress Plan for the Atlanta 8-Hour Ozone Nonattainment Area, 9206-9211 E8-2706 Exemption From the Requirement of a Tolerance: 1-Propanesulfonic acid et al., 9211-9214 E8-3126 Vitamin E, et al., 9214-9217 E8-3127 Pesticide Tolerance:

Carfentrazone-ethyl, 9217-9222 E8-3111 Mesotrione, 9222-9226 E8-3123 Pesticide Tolerances for Emergency: Formetanate Hydrochloride, 9226-9232 E8-2906 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Maine; Conformity of General Federal Actions, 9259-9260 E8-2883 Approval and Promulgation of Implementation Plans for Air Quality Planning Purposes: Georgia: Early Progress Plan for the Atlanta 8-Hour Ozone Nonattainment Area, 9260 E8-2709 Revisions to California State Implementation Plan:

San Joaquin Valley Unified Air Pollution Control District, 9260-9266 E8-3113 NOTICES Administrative Settlement Agreement: Fair Lawn Well Field Superfund Site; Fair Lawn, Bergen County, New Jersey, 9320 E8-3116 Ammonium Thiosulfate; Reregistration Eligibility Decision; Notice of Availability, 9320-9322 E8-2785 Certain New Chemicals; Receipt and Status Information, 9322-9326 E8-3110 Meetings: Exposure Modeling, 9326-9327 E8-3125 Science Advisory Board Ecological Processes and Effects Committee, 9327-9328 E8-3115 Product Cancellation Order and Amendments to Terminate Uses:

Azinphos-methyl, 9328-9330 E8-3112 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness Directives: Eurocopter Deutschland Model EC135 Helicopters, 9181-9183 E8-2850 Eurocopter France Model AS-365N2 and N3, SA-365C, C1 and C2, and SA-365N and N1 Helicopters, 9178-9181 E8-2849 Establishment of Class E Airspace: Rumford, ME, 9185-9186 08-718 Swans Island, ME, 9183-9185 08-717 Vinalhaven, ME, 9186-9188 08-719 Special Conditions:

Boeing Model 777 Series Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels, 9176-9178 E8-3141 PROPOSED RULES Airworthiness Directives: Lockheed Model L 1011 Series Airplanes, 9235-9239 E8-2996 Taylorcraft Models A, B, and F Series Airplanes, 9239-9241 E8-2995 Modification of Restricted Areas; Camp Shelby, MS, 9241-9243 E8-3138 NOTICES Intent to Rule on Request to Release Airport Property: Brigham City Municipal Airport, UT, 9400-9401 08-720 Meetings: RTCA Special Committee 147 Sixty Seventh Plenary, 9401 08-732 Noise Exposure Map:

Meadows Field Airport, Bakersfield, CA, 9401-9402 08-721 FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9330-9333 E8-3155 E8-3160 Petitions for Reconsideration of Action in Rulemaking Proceeding, 9333 E8-3137 Federal Energy Federal Energy Regulatory Commission NOTICES Amended Complaint: BP West Coast Products LLC v. Calnev Pipe Line LLC, 9313 E8-3121 ConocoPhillips Co. v. Calnev Pipe Line, L.L.C., 9313 E8-3120 Amendment Application:

CenterPoint Energy Gas Transmission Company, 9313-9314 E8-3044 Combined Notice of Filings, 9314 E8-3099 Environmental Impact Statement: Downeast Pipeline, LLC, 9315-9316 E8-3119 Intent to Prepare Environmental Document: Soliciting Comments, Motions to Intervene, and Protests; Upper Peninsula Power Company, 9316-9317 E8-3046 Meetings: Pipeline Posting Requirements; Technical Conference, 9317 E8-3043 Notice of Filing: CH Energy Group, Inc., 9318 E8-3047 Trunkline LNG Company, LLC, 9318 E8-3048 Petition for Declaratory Order:

Portland Natural Gas Transmission System, 9318-9319 E8-3045 Southeast Supply Header, LLC; Amendment Application, 9319 E8-3122 Tesoro Refining and Marketing Company; Amended Complaint, 9319-9320 E8-3118 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statement: Westmoreland County, PA, 9402-9403 08-716 Federal Motor Federal Motor Carrier Safety Administration RULES Hours of Service of Drivers, 9233-9234 E8-3073 PROPOSED RULES Transportation of Household Goods;

Consumer Complaint Information Quarterly Report, 9266-9272 E8-2867 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 9333 E8-3075 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-month Petition Finding and Proposed Rule to Remove Brown Pelican From Federal List, 9408-9433 E8-2829 NOTICES Availability of Final Comprehensive Conservation Plan: Medicine Lake National Wildlife Refuge Complex;

Medicine Lake, Montana, 9351-9352 E8-3079 Meetings: Sport Fishing and Boating Partnership Council, 9352-9353 08-764 Food Food and Drug Administration NOTICES Approved Drugs and Approved or Cleared Medical Devices: Draft Guidance for Industry on Good Reprint Practices for Distribution of Medical Journal Articles, etc., 9342 08-746 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Application for Expansion of Manufacturing Authority Subzone 42A: Mitsubishi Power Systems Americas, Inc., 9277-9278 E8-3152 GSA General Services Administration RULES Federal Management Regulation:

Transportation Payment and Audit; Refund of Expired, Unused Tickets, 9232-9233 E8-3101 Geological Geological Survey NOTICES Meetings: National Cooperative Geologic Mapping Program Advisory Committee, 9353 08-759 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 9333-9334 E8-3102 Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9342-9343 E8-3064 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9350-9351 E8-3144 E8-3148 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Substitute for Return, 9188-9190 E8-3100 International International Trade Administration NOTICES Certain New Pneumatic Off-the-Road Tires From the People's Republic of China:

Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 9278-9292 08-672 Rescission of Antidumping Duty Administrative Review: Certain in-Shell Raw Pistachios From Iran, 9292-9293 E8-3145 Scope Rulings, 9293-9296 E8-3147 Justice Justice Department See Antitrust Division Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Meetings: Boise District Resource Advisory Council, 9353-9354 E8-3072 Maritime Maritime Administration NOTICES Requested Administrative Waiver of Coastwise Trade Laws, 9403-9405 E8-3053 E8-3054 E8-3061 E8-3062 NIH National Institutes of Health NOTICES Meetings:

National Institute of Mental Health, 9343-9345 08-748 08-749 08-751 National Institute on Alcohol Abuse and Alcoholism, 9344 08-750 NOAA National Oceanic and Atmospheric Administration NOTICES 2008 Sea Scallop Research Set-Aside Program, 9296-9299 E8-3142 Availability of Seats for Florida Keys National Marine Sanctuary Advisory Council, 9299 08-747 Taking of Marine Mammals Incidental to Specified Activities: Power Plant Operations in Central and Southern California, 9299-9302 E8-3146 National Park National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 9354-9355 08-740 Environmental Impact Statement and General Management Plan; Availability: Minuteman Missile National Historic Site, SD, 9355-9356 08-763 Meetings: Concessions Management Advisory Board, 9356 E8-3132 Navy Navy Department NOTICES Privacy Act; Systems of Records, 9304 E8-3086 Nuclear Nuclear Regulatory Commission NOTICES Establishment of Atomic Safety and Licensing Board, 9358-9359 E8-3098 Interim Staff Guidance: Probabilistic Risk Assessment Information;

Solicitation of Public Comment, 9359 E8-3095 Meetings; Sunshine Act, 9359-9360 08-780 Order Prohibiting Involvement in NRC-Licensed Activities: Juan Blanco, 9360-9362 E8-3104 South Texas Project Nuclear Operating Co., Units 3 and 4; Order, 9362 E8-3199 Strategic Plan for Fiscal Years 2008-2013; Notice of Availability: NUREG-1614, Volume 4, 9362-9363 E8-3091 Patent Patent and Trademark Office PROPOSED RULES Revision to the Time for Filing of a Biological Deposit and the Date of Availability of a Biological Deposit, 9254-9259 E8-3084 Pension Pension Benefit Guaranty Corporation PROPOSED RULES Annual Financial and Actuarial Information Reporting, 9243-9254 E8-3124 Postal Postal Regulatory Commission NOTICES Administrative Practice and Procedure;

Postal Service, 9363-9368 E8-3163 Postal Postal Service RULES Periodicals - Limited Circulation Rate, 9197-9199 E8-2921 Premium Forwarding Service, 9199-9200 E8-2919 Revised Standards for First-Class Mail International Service, 9191-9197 E8-2920 NOTICES Meetings; Sunshine Act, 9368 08-778 Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees: Health and Human Services, Department of; providing an order of succession (EO 13461), 9435-9438 08-797 Rural Rural Housing Service NOTICES Funds Availability for Section 533 Housing Preservation Grants for Fiscal Year 2008, 9273-9277 08-690 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 9368-9370 E8-3041 E8-3109 Application for Registration as a National Securities Exchange; Notice of Filing: BATS Exchange, Inc., 9370 E8-3082 Meetings; Sunshine Act, 9370-9371 E8-3161 Order Regarding Review of FASB Accounting Support Fee for 2008, 9371 E8-3036 Self-Regulatory Organizations: New York Stock Exchange LLC, 9371-9373 E8-3083 Self-Regulatory Organizations; Proposed Rule Changes: American Stock Exchange LLC, 9374-9377 E8-3060 E8-3088 Chicago Board Options Exchange, Inc., 9377-9378 E8-3038 E8-3059 Chicago Stock Exchange, Inc., 9378-9379 E8-3039 National Stock Exchange, Inc., 9379-9381 E8-3040 NYSE Arca, Inc., 9381-9398 E8-3042 E8-3081 Philadelphia Stock Exchange, Inc., 9398-9399 E8-3037 Selective Selective Service System NOTICES Form Submitted to the Office of Management and Budget for Extension of Clearance, 9399 08-762 SBA Small Business Administration NOTICES Disaster Declaration:

Arkansas, 9400 E8-3089 State State Department NOTICES Amended Designations of Salafist Group for Call and Combat, etc. as a Foreign Terrorist Organization, 9400 E8-3154 Amendment to Original RFGP; Community College Initiative for Egypt, 9400 E8-3156 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Treatment National Advisory Council, 9345 E8-3058 National Advisory Council, 9345-9346 E8-3057 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration Transportation Transportation Security Administration NOTICES Transportation Worker Identification Credential:

Enrollment Dates for Ports of Anacortes, WA and Norfolk, VA, 9347-9348 E8-3131 Treasury Treasury Department See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Accreditation and Approval as a Commercial Gauger and Laboratory: Intertek USA Inc., 9348-9349 E8-3090 E8-3093 E8-3094 SGS North America Inc., 9349 E8-3092 Accreditation as a Commercial Laboratory: Sea, Ltd., 9349 E8-3096 Approval as a Commercial Gauger: Intertek USA Inc., 9349-9350 E8-3097 Veterans Veterans Affairs Department NOTICES Meetings:

Veteran's Advisory Committee on Environmental Hazards, 9405 08-769 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 9408-9433 E8-2829 Part III Executive Office of the President, Presidential Documents, 9435-9438 08-797 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 34 Wednesday, February 20, 2008 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No.

APHIS-2008-0004] Mediterranean Fruit Fly; Add Portion of Los Angeles County, CA, to the List of Quarantined Areas AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Mediterranean fruit fly regulations by adding a portion of Los Angeles County, CA, to the list of quarantined areas and by restricting the interstate movement of regulated articles from that area. This action is necessary to prevent the artificial spread of Mediterranean fruit fly.

DATES: This interim rule is effective on February 20, 2008. We will consider all comments that we receive on or before April 21, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0004* to submit or view comments and to view supporting and related materials available electronically. • *Postal Mail/Commercial Delivery:* Please send two copies of your comment to Docket No.

APHIS-2008-0004, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2008-0004. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays.

To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, Domestic Coordinator, Fruit Fly Exclusion and Detection Programs, PPQ, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737-1234;

(301)734-4387. SUPPLEMENTARY INFORMATION: Background The Mediterranean fruit fly (Medfly, *Ceratitis capitata* [Wiedemann]) is one of the world's most destructive pests of numerous fruits and vegetables. The short life cycle of the Medfly allows rapid development of serious outbreaks, which can cause severe economic losses. Heavy infestations can cause complete loss of crops. The Mediterranean fruit fly regulations, contained in 7 CFR 301.78 through 301.78-10 (referred to below as the regulations), were established to prevent the spread of Medfly into noninfested areas of the United States. In § 301.78-3, paragraph

(a)provides that the Administrator will list as a quarantined area each State, or each portion of a State, in which Medfly has been found by an inspector, in which the Administrator has reason to believe that Medfly is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities in which Medfly has been found. The regulations impose restrictions on the interstate movement of regulated articles from the quarantined areas. Quarantined areas are listed in § 301.78-3(c). Less than an entire State will be designated as a quarantined area only if the Administrator determines that:

(1)The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are equivalent to those imposed on the interstate movement of regulated articles and

(2)the designation of less than the entire State as a quarantined area will prevent the interstate spread of Medfly. Recent trapping surveys by inspectors of California State and county agencies have revealed that a portion of Los Angeles County, CA, is infested with Medfly. State agencies in California have begun an intensive Medfly eradication program in the quarantined area in Los Angeles County. Also, California has taken action to restrict the intrastate movement of regulated articles from the quarantined area. Accordingly, in order to prevent the spread of Medfly into noninfested areas of the United States, we are amending the regulations in § 301.78-3(c) by designating a portion of Los Angeles County, CA, as a quarantined area. The quarantined area is described in the regulatory text at the end of this document. Emergency Action This rulemaking is necessary on an emergency basis to prevent Medfly from spreading to noninfested areas of the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments that we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This rule amends the Medfly regulations by adding a portion of Los Angeles County, CA, to the list of quarantined areas. The regulations restrict the interstate movement of regulated articles from the quarantined area. Within the quarantined area there are approximately 426 small entities that may be affected by this rule. These include 2 food distributors, 129 farmers' markets (including both fruit and plant sellers), 141 fruit sellers, 4 growers, 47 nurseries, 2 recyclers/land fillers, 14 swap meets (including both fruit sellers and plant sellers), 39 loaders (including fruit packers, trucking companies, and shipping services), and 48 yard maintenance firms. These 426 small entities comprise less than 1 percent of the total number of similar entities operating in the State of California. Additionally, few of these small entities move regulated articles interstate during the normal course of their business, nor do consumers of products purchased from those entities generally move those products interstate. The effect on those few entities that do move regulated articles interstate will be minimized by the availability of various treatments that, in most cases, will allow these small entities to move regulated articles interstate with very little additional cost. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, 7 CFR part 301 is amended as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. In § 301.78-3, paragraph

(c)is amended by adding, in alphabetical order under the heading “California,” an entry for Los Angeles County to read as follows: § 301.78-3 Quarantined areas.

(c)* * * CALIFORNIA *Los Angeles County.* That portion of Los Angeles County in the Palos Verdes Peninsula area bounded by a line as follows: Beginning at the intersection of State Highway 1 and Torrance Boulevard; then east, southeast, northeast, southeast, east, southeast, and east on Torrance Boulevard to Cabrillo Avenue; then southeast and south on Cabrillo Avenue to West Carson Street; then east on West Carson Street to South Vermont Avenue; then south on South Vermont Avenue to West 223rd Street; then east on West 223rd Street to Main Street; then south on Main Street to East Sepulveda Boulevard; then east on East Sepulveda Boulevard to Avalon Boulevard; then south on Avalon Boulevard to West Harry Bridges Boulevard; then southwest on West Harry Bridges Boulevard to John S. Gibson Boulevard; then southwest and south on John S. Gibson Boulevard to North Pacific Avenue; then south and southeast on North Pacific Avenue to North Front Street; then northeast and southeast on North Front Street to North Harbor Boulevard; then southeast on North Harbor Boulevard to South Harbor Boulevard; then south on South Harbor Boulevard to Miner Street; then southeast on Miner Street to East 22nd Street; then southwest on East 22nd Street to West 22nd Street; then southwest and west on West 22nd Street to South Pacific Avenue; then south on South Pacific Avenue to its intersection with the northern boundary of Point Fermin Park; then northeast and southeast along the boundary line of Point Fermin Park to its intersection with the California coastline; then southwest, north, northwest, west, southwest, northwest, southwest, northwest, southwest, northwest, west, northwest, southwest, northwest, southwest, south, west, north, northwest, southwest, northwest, northeast, north, northwest, southwest, northwest, southwest, north, northwest, southwest, northeast, northwest, north, northwest, northeast, northwest, north, northwest, northeast, northwest, west, northwest, northeast, northwest, west, northwest, northeast, northwest, southwest, northwest, northeast, north, northeast, north, northwest, north, northwest, southwest, north, northeast, and north along the California coastline to its intersection with the southern boundary line of Redondo Beach State Park; then northeast, north, west, north, northwest, and north along the boundary line of Redondo Beach State Park to its intersection with the boundary line of Veterans Park; then east, northeast, and north along the boundary line of Veterans Park to its intersection with Torrance Boulevard; then east on Torrance Boulevard to the point of beginning. Done in Washington, DC, this 13th day of February 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-3106 Filed 2-19-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2008-0005] Mexican Fruit Fly; Designation of Portion of San Diego County, CA, as a Quarantined Area AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Mexican fruit fly regulations by designating a portion of San Diego County, CA, as a quarantined area and restricting the interstate movement of regulated articles from that area. This action is necessary to prevent the spread of the Mexican fruit fly into noninfested areas of the United States. DATES: This interim rule is effective February 20, 2008. We will consider all comments that we receive on or before April 21, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0005* to submit or view comments and to view supporting and related materials available electronically. • *Postal Mail/Commercial Delivery:* Please send two copies of your comment to Docket No. APHIS-2008-0005, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2008-0005. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(301)734-4387. SUPPLEMENTARY INFORMATION: Background The Mexican fruit fly ( *Anastrepha ludens* ) is a destructive pest of citrus and many other types of fruit. The short life cycle of the Mexican fruit fly allows rapid development of serious outbreaks that can cause severe economic losses in commercial citrus-producing areas. The Mexican fruit fly regulations, contained in 7 CFR 301.64 through 301.64-10 (referred to below as the regulations), were established to prevent the spread of the Mexican fruit fly to noninfested areas of the United States. The regulations impose restrictions on the interstate movement of regulated articles from quarantined areas. Section 301.64-3 provides that the Deputy Administrator for Plant Protection and Quarantine, Animal and Plant Health Inspection Service (APHIS), shall list as a quarantined area each State, or each portion of a State, in which the Mexican fruit fly has been found by an inspector, in which the Deputy Administrator has reason to believe the Mexican fruit fly is present, or that the Deputy Administrator considers necessary to regulate because of its proximity to the Mexican fruit fly or its inseparability for quarantine enforcement purposes from localities in which the Mexican fruit fly occurs. Less than an entire State is designated as a quarantined area only if the Deputy Administrator determines that the State has adopted and is enforcing a quarantine or regulation that imposes restrictions on the intrastate movement of the regulated articles that are substantially the same as those that are imposed with respect to the interstate movement of the articles by the APHIS regulations and the designation of less than the entire State as a quarantined area will otherwise be adequate to prevent the artificial interstate spread of the Mexican fruit fly. Recent trapping surveys by county agencies reveal that a portion of San Diego County, CA, is infested with the Mexican fruit fly. Accordingly, to prevent the spread of the Mexican fruit fly to noninfested areas of the United States, we are amending the regulations in § 301.64-3 by designating that portion of San Diego County, CA, as a quarantined area for the Mexican fruit fly. The quarantined area is described in detail in the regulatory text at the end of this document. The Deputy Administrator has determined that it is not necessary to designate the entire State of California as a quarantined area. Emergency Action This rulemaking is necessary on an emergency basis to prevent the Mexican fruit fly from spreading to noninfested areas of the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This rule amends the Mexican fruit fly regulations by designating a portion of San Diego County, CA, as a quarantined area and restricting the interstate movement of regulated articles from that area. This action is necessary to prevent the spread of the Mexican fruit fly into noninfested areas of the United States. Within the quarantined area there are approximately 284 small entities that may be affected by this rule. These include 91 yard maintenance companies, 49 fruit sellers, 45 growers, 34 nurseries, 29 markets (including swap meets and farmers' markets), 12 haulers, 11 harvesters, 7 packers, 2 grove management businesses, 2 transient load businesses, and 2 distributors. These 284 entities comprise less than 1 percent of the total number of similar entities operating in the State of California. Additionally, these small entities sell regulated articles primarily for local intrastate, not interstate movement, so the effect, if any, of this regulation on these entities appears to be minimal. The effect on those few entities that do move regulated articles interstate will be minimized by the availability of various treatments that, in most cases, will allow these small entities to move regulated articles interstate with very little additional cost. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. In § 301.64-3, paragraph

(c)is amended by adding, in alphabetical order, an entry for California to read as follows: § 301.64-3 Quarantined areas.

(c)* * * CALIFORNIA *San Diego County.* That portion of the county in the Escondido area bounded by a line as follows: Beginning at the intersection of North Broadway and Cougar Pass Road; then east, northeast, southeast, northeast, northwest, northeast, east, north, northwest, northeast, northwest, northeast, northwest, northeast, north, and northeast on Cougar Pass Road to the western boundary line of Daley Ranch; then northwest, north, northeast, southeast, south, east, southeast, east, north, and southeast along the boundary line of Daley Ranch to Frace Lane; then northeast along an imaginary line to the intersection of Tumbleweed Trail and Wildflower Way; then northeast on Wildflower Way to Red Ironbark Drive; then southeast on Red Ironbark Drive to Bridlewood Lane; then northeast on Bridlewood Lane to Santolina Street; then north and northeast on Santolina Street to Tee Lee Lane; then east and northeast on Tee Lee Lane to Banbury Drive; then northwest, north, northeast, and southeast on Banbury Drive to Valley Center Road; then northwest on Valley Center Road to Woods Valley Road; then northeast, southeast, northeast, southeast, northeast, southeast, northeast, southeast, south, and southeast on Woods Valley Road to Lake Wohlford Road; then southwest, southeast, southwest, south, southeast, and southwest on Lake Wohlford Road to Guejito Road; then southeast, south, southeast, and south on Guejito Road to Crown Hill Lane; then south, southwest, southeast, northeast, southeast, north, east, northeast, southeast, south, southeast, and south on Crown Hill Lane to its southwesternmost point; then northwest along an imaginary line to the northeasternmost point of Rockwood Canyon Creek; then southwest, south, southeast, south, southeast, south, southwest, southeast, southwest, south, and southwest along Rockwood Canyon Creek to State Highway 78; then southwest and west on State Highway 78 to Ysabel Creek Road; then south and southeast on Ysabel Creek Road to its intersection with Bandy Canyon Road; then southwest, south, west, and south on Bandy Canyon Road to Highland Valley Road; then west, southwest, northwest, southwest, northwest, southwest, northwest, and southwest on Highland Valley Road to Sardi Creek; then northwest along an imaginary line to the easternmost point of Valle Grande; then west on Valle Grande to Sierra Linda Drive; then northwest, southwest, northwest, southwest, and northwest on Sierra Linda Drive to the boundary line of The Vineyard at Escondido Golf Course; then northwest, northeast, west, northwest, southwest, northwest, southwest, southeast, southwest, and northwest along the boundary line of The Vineyard at Escondido Golf Course to Bear Valley Parkway South; then southwest on Bear Valley Parkway South to East Via Rancho Parkway; then northwest on East Via Rancho Parkway to West Via Rancho Parkway; then northwest, west, southwest, northwest, and west on West Via Rancho Parkway to Del Dios Highway; then north and northeast on Del Dios Highway to West Citracado Parkway; then northwest on West Citracado Parkway to Avenida Del Diablo; then west, northwest, north, west, and northwest on Avenida Del Diablo to its northwesternmost point; then northwest along an imaginary line to the intersection of Harmony Grove Road and Kauana Loa Drive; then west, north, northwest, and west on Kauana Loa Drive to Country Club Drive; then north, northeast, and east on Country Club Drive to North Citricado Parkway; then north and northeast on North Citricado Parkway to Nordahl Road; then northeast on Nordahl Road to State Highway 78; then northwest on State Highway 78 to East Mission Road; then northwest on East Mission Road to Bennett Avenue; then northeast, north, and northeast on Bennett Avenue to West El Norte Parkway; then northwest on West El Norte Parkway to West Country Club Lane; then northeast, southeast, northeast, and southeast on West Country Club Lane to Gary Lane; then northeast and east on Gary Lane to Avenida De Aquacate; then north on Avenida De Aquacate to Vaquero Glen; then east on Vaquero Glen to its easternmost point; then northeast along an imaginary line to the southernmost point of Athens Place; then north on Athens Place to Gem Lane; then northeast on Gem Lane to Rockhoff Road; then northwest, north, southeast, south, and southwest on Rockhoff Road to its southeastern terminal point; then southeast along an imaginary line to the intersection of Rockhoff Road and North Nutmeg Street; then northwest, northeast, and east on North Nutmeg Street to North Center City Parkway; then north and northwest on North Center City Parkway to Ivy Dell Lane; then northeast along an imaginary line to the intersection of Jesmond Dene Road and Rue Montreux; then northeast, northwest, north, east, and northeast on Rue Montreux to Rue De Lac; then southeast on Rue De Lac to Rue De Fleur; then north on Rue De Fleur to its northernmost point; then northeast along an imaginary line to the intersection of Los Arboles Ranch Road and Calle Ricardo; then northeast along an imaginary line to the intersection of Reidy Canyon Trail and North Broadway; then northeast, east, and north on North Broadway to the point of beginning. Done in Washington, DC, this 13th day of February 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-3105 Filed 2-19-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 94 [Docket No. APHIS-2007-0151] Add Mauritius to the List of Regions Where African Swine Fever Exists AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the regulations concerning the importation of animals and animal products by adding Mauritius to the list of regions where African swine fever exists. We are taking this action because outbreaks of African swine fever have been confirmed in various locations throughout Mauritius. This action will restrict the importation of pork and pork products into the United States from Mauritius and is necessary to prevent the introduction of African swine fever into the United States. DATES: This interim rule is effective February 20, 2008. However, we are imposing its restrictions retroactively to October 17, 2007. We will consider all comments that we receive on or before April 21, 2008. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0151* to submit or view comments and to view supporting and related materials available electronically. • *Postal Mail/Commercial Delivery:* Please send two copies of your comment to Docket No. APHIS-2007-0151, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2007-0151. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov* . FOR FURTHER INFORMATION CONTACT: Mr. Javier Vargas, Animal Scientist, Regionalization Evaluation Services Staff, National Center for Import and Export, VS, APHIS, 4700 River Road, Unit 38, Riverdale, MD 20737-1231;

(301)734-0756. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR part 94 (referred to below as the regulations) govern the importation of specified animals and animal products to prevent the introduction into the United States of various animal diseases, including rinderpest, foot-and-mouth disease, bovine spongiform encephalopathy, swine vesicular disease, classical swine fever, and African swine fever (ASF). These are dangerous and destructive diseases of ruminants and swine. Section 94.8 of the regulations lists regions of the world where ASF exists or is reasonably believed to exist and imposes restrictions on the importation of pork and pork products into the United States from those regions. On October 19, 2007, the Republic of Mauritius reported to the World Organization for Animal Health three outbreaks of ASF in various areas throughout the country. The source of the outbreak is unknown. Therefore, in order to prevent the introduction of ASF into the United States, we are amending the regulations by adding Mauritius to the list in § 94.8 of regions where ASF exists or is reasonably believed to exist. As a result of this action, the importation into the United States of pork and pork products from Mauritius will be restricted. We are imposing this restriction retroactively to October 17, 2007, which is the date that the presence of ASF in Mauritius was confirmed. Emergency Action This rulemaking is necessary on an emergency basis to prevent the introduction of ASF into the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This interim rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This interim rule amends the regulations by adding Mauritius to the list of regions in which ASF exists. This action is necessary on an emergency basis to prevent the introduction of ASF into the United States. The rule will restrict the importation of pork and pork products from Mauritius. Mauritius has had no swine or swine products exports to the United States in the past several years. Since the United States does not currently import any pork or pork products from Mauritius, it is unlikely that this interim rule will have any substantial effects on trade, or on large or small businesses. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has retroactive effect to October 17, 2007; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 9 CFR Part 94 Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 94 as follows: PART 94—RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS 1. The authority citation for part 94 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. § 94.8 [Amended] 2. In § 94.8, the introductory text is amended by adding the word “Mauritius,” after the word “Malta,”. Done in Washington, DC, this 13th day of February 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-3107 Filed 2-19-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM383; Notice No. 25-367-SC] Special Conditions: Boeing Model 777 Series Airplanes; Seats With Non-Traditional, Large, Non-Metallic Panels AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. SUMMARY: These special conditions are for Boeing Model 777 series airplanes. These airplanes will have a novel or unusual design feature(s) associated with seats that include non-traditional, large, non-metallic panels that would affect survivability during a post-crash fire event. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is February 7, 2008. FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe/Cabin Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2195; facsimile

(425)227-1232; electronic mail *alan.sinclair@faa.gov.* SUPPLEMENTARY INFORMATION: Change to Special Condition Number 4 The FAA previously notified the public of our intent to issue special conditions for seats with non-traditional, large, non-metallic panels on various airplane makes and models. Notice of Proposed Special Conditions No. 25-06-13-SC, applicable to Boeing Model 737 series airplanes, was published in the **Federal Register** on November 9, 2006 (71 FR 65761). The special conditions were issued on June 29, 2007 (Docket No. NM 359, Special Conditions No. 25-358-SC), published in the **Federal Register** on July 10, 2007 (72 FR 37425), and became effective on August 9, 2007. Both the Notice and the Final Special Conditions contained these words: We anticipate that seats with non-traditional, large, non-metallic panels will be installed in other makes and models of airplanes. We have made the determination to require special conditions for all applications requesting the installation of seats with non-traditional, large, non-metallic panels until the airworthiness requirements can be revised to address this issue. Having the same standards across the range of airplane makes and models will ensure a level playing field for the aviation industry. Special condition number 4 in the 737 special conditions limits the applicability of the special conditions to new seat certification programs applied for after the effective date of the special conditions. In these special conditions the FAA changed the applicability to make the special conditions applicable to new seat certification programs that are approved after the effective date of the special conditions. This change could affect pending as well as future project applications. The rationale behind this change is that these seat installations affect survivability during a post-crash fire event and should be implemented as soon as possible. Additionally, the public has been previously notified of the FAA's intent to issue similar special conditions on other airplane makes and models. Because of an imminent certification program, these special conditions are effective immediately. However, in view of the standard practice to make special conditions effective 30 days after issuance, these special conditions permit 30 days before compliance is required. Background On August 8, 2005, Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124, applied for a design change to Type Certificate No. T00001SE for installation of seats that include non-traditional, large, non-metallic panels in Boeing Model 777 series airplanes. The Boeing Model 777 series airplanes, currently approved under Type Certificate No. T00001SE, are swept-wing, conventional tail, twin-engine, turbofan-powered, dual aisle, large-sized transport category airplanes. The applicable regulations to airplanes currently approved under Type Certificate No. T00001SE do not require seats to meet the more stringent flammability standards required of large, non-metallic panels in the cabin interior. At the time the applicable rules were written, seats were designed with a metal frame covered by fabric, not with large, non-metallic panels. Seats also met the then recently adopted standards for flammability of seat cushions. With the seat design being mostly fabric and metal, the contribution to a fire in the cabin had been minimized and was not considered a threat. For these reasons, seats did not need to be tested to heat release and smoke emission requirements. Seat designs have now evolved to occasionally include non-traditional, large, non-metallic panels. Taken in total, the surface area of these panels is on the same order as the sidewall and overhead stowage bin interior panels. To provide the level of passenger protection intended by the airworthiness standards, these non-traditional, large, non-metallic panels in the cabin must meet the standards of Title 14 Code of Federal Regulations (CFR), part 25, Appendix F, parts IV and V, heat release and smoke emission requirements. Type Certification Basis Under the provisions of 14 CFR 21.101, Boeing must show that the Model 777 series airplanes, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. T00001SE, or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The regulations incorporated by reference in Type Certificate No. T00001SE are as follows: • For Model 777-200 airplanes—Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-82. • For Model 777-200LR airplanes—Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-100 with the exceptions listed: §§ 25.831(a) and 25.831(g) at Amendment 25-86; § 25.841(a) at Amendment 25-86; and § 25.853(d)(3) at Amendment 25-82. • For Model 777-300 airplanes—Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-86 with the exception listed: § 25.853(d)(3), Compartment interiors, at Amendment 25-82. • For Model 777-300ER airplanes—Title 14 CFR part 25, as amended by Amendment 25-1 through Amendment 25-98 with the exception listed: § 25.853(d)(3), Compartment interiors, at Amendment 25-82. In addition, the certification basis includes certain special conditions, exemptions, or later amended sections of the applicable part that are not relevant to these special conditions. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Boeing Model 777 series airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. In addition to the applicable airworthiness regulations and special conditions, the Boeing Model 777 series airplanes must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36. Special conditions, as defined in § 11.19, are issued in accordance with § 11.38 and become part of the type certification basis in accordance with § 21.101. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same or similar novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same or similar novel or unusual design feature, the special conditions would also apply to the other model under § 21.101. Novel or Unusual Design Features The Boeing Model 777 series airplanes will incorporate the following novel or unusual design features: These models offer interior arrangements that include passenger seats that incorporate non-traditional, large, non-metallic panels in lieu of the traditional metal frame covered by fabric. The flammability properties of these panels have been shown to significantly affect the survivability of the cabin in the case of fire. These seats are considered a novel design for transport category airplanes that include Amendment 25-61 and Amendment 25-66 in the certification basis, and were not considered when those airworthiness standards were established. The existing regulations do not provide adequate or appropriate safety standards for seat designs that incorporate non-traditional, large, non-metallic panels in their designs. In order to provide a level of safety that is equivalent to that afforded to the balance of the cabin, additional airworthiness standards, in the form of special conditions, are necessary. These special conditions supplement § 25.853. The requirements contained in these special conditions consist of applying the identical test conditions required of all other large panels in the cabin, to seats with non-traditional, large, non-metallic panels. Definition of “Non-Traditional, Large, Non-Metallic Panel” A non-traditional, large, non-metallic panel, in this case, is defined as a panel with exposed-surface areas greater than 1.5 square feet installed per seat place. The panel may consist of either a single component or multiple components in a concentrated area. Examples of parts of the seat where these non-traditional panels are installed include, but are not limited to: Seat backs, bottoms and leg/foot rests, kick panels, back shells, credenzas and associated furniture. Examples of traditional exempted parts of the seat include: Arm caps, armrest close-outs such as end bays and armrest-styled center consoles, food trays, video monitors, and shrouds. Clarification of “Exposed” “Exposed” is considered to include panels that are directly exposed to the passenger cabin in the traditional sense, and panels that are enveloped, such as by a dress cover. Traditional fabrics or leathers currently used on seats are excluded from these special conditions. These materials must still comply with § 25.853(a) and § 25.853(c) if used as a covering for a seat cushion, or § 25.853(a) if installed elsewhere on the seat. Non-traditional, large, non-metallic panels covered with traditional fabrics or leathers will be tested without their coverings or covering attachments. Discussion In the early 1980s the FAA conducted extensive research on the effects of post-crash flammability in the passenger cabin. As a result of this research and service experience, we adopted new standards for interior surfaces associated with large surface area parts. Specifically, the rules require measurement of heat release and smoke emission (part 25, Appendix F, parts IV and V) for the affected parts. Heat release has been shown to have a direct correlation with post-crash fire survival time. Materials that comply with the standards (i.e., § 25.853 entitled “Compartment interiors” as amended by Amendment 25-61 and Amendment 25-66) extend survival time by approximately 2 minutes over materials that do not comply. At the time these standards were written the potential application of the requirements of heat release and smoke emission to seats was explored. The seat frame itself was not a concern because it was primarily made of aluminum and there were only small amounts of non-metallic materials. It was determined that the overall effect on survivability was negligible, whether or not the food trays met the heat release and smoke requirements. The requirements therefore did not address seats. The preambles to both the Notice of Proposed Rule Making (NPRM), Notice No. 85-10 (50 FR 15038, April 16, 1985) and the Final Rule at Amendment 25-61 (51 FR 26206, July 21, 1986), specifically note that seats were excluded “because the recently-adopted standards for flammability of seat cushions will greatly inhibit involvement of the seats.” Subsequently, the Final Rule at Amendment 25-83 (60 FR 6615, March 6, 1995) clarified the definition of minimum panel size: “It is not possible to cite a specific size that will apply in all installations; however, as a general rule, components with exposed-surface areas of one square foot or less may be considered small enough that they do not have to meet the new standards. Components with exposed-surface areas greater than two square feet may be considered large enough that they do have to meet the new standards. Those with exposed-surface areas greater than one square foot, but less than two square feet, must be considered in conjunction with the areas of the cabin in which they are installed before a determination could be made.” In the late 1990s, the FAA issued Policy Memorandum 97-112-39, *Guidance for Flammability Testing of Seat/Console Installations,* October 17, 1997 ( *http://rgl.faa.gov* ). That memo was issued when it became clear that seat designs were evolving to include large, non-metallic panels with surface areas that would impact survivability during a cabin fire event, comparable to partitions or galleys. The memo noted that large surface area panels must comply with heat release and smoke emission requirements, even if they were attached to a seat. If the FAA had not issued such policy, seat designs could have been viewed as a loophole to the airworthiness standards that would result in an unacceptable decrease in survivability during a cabin fire event. In October of 2004, an issue was raised regarding the appropriate flammability standards for passenger seats that incorporated non-traditional, large, non-metallic panels in lieu of the traditional metal covered by fabric. The Seattle Aircraft Certification Office and Transport Standards Staff reviewed this design and determined that it represented the kind and quantity of material that should be required to pass the heat release and smoke emissions requirements. We have determined that special conditions would be promulgated to apply the standards defined in 14 CFR 25.853(d) to seats with large, non-metallic panels in their design. Discussion of Comments Notice of proposed special conditions No. 25-07-15-SC, pertaining to Boeing Model 777 series airplanes, was published in the **Federal Register** on October 29, 2007 (72 FR 61085). We only received comments from Boeing. Change “Approved” to “Applied for” in Special Condition Number 4 Boeing requested that the word “approved” in the following sentence be changed to “applied for.” Only airplanes associated with new seat certification programs approved after the effective date of these special conditions will be affected by the requirements in these special conditions. Boeing also requested clarification regarding what is meant by “approved.” *FAA Response:* Special condition number 4 was revised from what was issued for the final special conditions applicable to Model 737 airplanes. The Model 737 final special conditions contained the phrase “applied for.” That phrase was changed to “approved” in these final special conditions to ensure that these special conditions are applicable to as many Model 777 certification projects as possible. The 737 special conditions, in effect, notified Boeing that the flammability issue regarding seats with non-traditional, large, non-metallic panels must be addressed. The FAA discussed this issue with Boeing and stated that all subsequent special conditions related to this matter would be based on the project approval date. To clarify what we mean by the approval date, the approval date is the date of approval of the affected amended type certificate or supplemental type certificate. These Special Conditions Are Not Being Applied to Other Airplane Manufacturers Boeing did not request a specific change in this comment, but did draw attention to the fact that the standards promulgated by these special conditions have not yet achieved a “level playing field for the aviation industry.” Boeing stated that it agreed with the FAA's goals to ensure that all parties in the industry are treated fairly, and the new standards are applied uniformly. However, Boeing noted that it is not apparent that those goals have yet been met. *FAA Response:* As projects are identified that include seats with large, non-metallic panels, the FAA will issue special conditions for the affected airplane makes and models. We are currently working on several other special condition packages for airplanes produced by other manufacturers. In addition, we are considering rulemaking to revise § 25.853 to address this issue. These special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to Boeing Model 777 series airplanes. Because the heat release and smoke testing requirements of § 25.853 are part of the type certification basis for the Model 777, these special conditions are applicable to all new seat certification programs for Model 777 series airplanes. The existing (i.e. with unchanged interiors) Model 777 fleet and follow-on deliveries of Model 777 series airplanes with previously certificated interiors are not affected. Should Boeing apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well. Effective Upon Issuance Under standard practice, the effective date of final special conditions would be 30 days after the date of publication in the **Federal Register** ; however, as the delivery date for an affected Boeing Model 777 series airplane is imminent, the FAA finds that good cause exists to make these special conditions effective upon issuance. Conclusion This action affects only certain novel or unusual design features on one model series of airplanes. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Boeing Model 777 series airplanes. Compliance may be elected until March 8, 2008. 1. Except as provided in paragraph 3 of these special conditions, compliance with Title 14 CFR part 25, Appendix F, parts IV and V, heat release and smoke emission, is required for seats that incorporate non-traditional, large, non-metallic panels that may either be a single component or multiple components in a concentrated area in their design. 2. The applicant may designate up to and including 1.5 square feet of non-traditional, non-metallic panel material per seat place that does not have to comply with special condition Number 1, above. A triple seat assembly may have a total of 4.5 square feet excluded on any portion of the assembly (e.g., outboard seat place 1 square foot, middle 1 square foot, and inboard 2.5 square feet). 3. Seats do not have to meet the test requirements of Title 14 CFR part 25, Appendix F, parts IV and V, when installed in compartments that are not otherwise required to meet these requirements. Examples include: a. Airplanes with passenger capacities of 19 or less, and b. Airplanes exempted from § 25.853, Amendment 25-61 or later. 4. Only airplanes associated with new seat certification programs approved after the effective date of these special conditions will be affected by the requirements in these special conditions. Previously certificated interiors on the existing airplane fleet and follow-on deliveries of airplanes with previously certificated interiors are not affected. Issued in Renton, Washington, on February 7, 2008. Kevin Hull, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-3141 Filed 2-19-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0164; Directorate Identifier 2007-SW-43-AD; Amendment 39-15375; AD 2008-04-03] RIN 2120-AA64 Airworthiness Directives; Eurocopter France Model AS-365N2 and N3, SA-365C, C1 and C2, and SA-365N and N1 Helicopters AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for Eurocopter Model AS-365N2 and N3, SA-365C, C1 and C2, and SA-365N and N1 helicopters. This AD results from mandatory continuing airworthiness information

(MCAI)originated by an aviation authority to identify and correct an unsafe condition on an aviation product. The European Aviation Safety Agency (EASA), the Technical Agent for France, with which we have a bilateral agreement, states in the MCAI: This Emergency Airworthiness Directive is issued following several reports of tightening torque loss detected on the main rotor hub (MRH)-to-main rotor mast bolted attachment. These findings were made on EUROCOPTER-assembled attachments with less than 300 operating hours. A loss of tightening torque on the MRH-to-main rotor mast attachment bolt could lead to loss of the main rotor head. This AD requires actions that are intended to address the unsafe condition caused by a loss of tightening torque on the MRH attachment bolts. DATES: This AD becomes effective March 6, 2008. The Director of the Federal Register approved the incorporation by reference of Eurocopter Emergency Alert Service Bulletin No. 62.00.22 and No. 65.44, both dated April 10, 2006, as of March 6, 2008. We must receive comments on this AD by April 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 Operations office 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 Operations office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Jim Grigg, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5126, fax

(ASB)No. 62.00.22, applicable to Model AS-365N2 and N3, and SA-365N and N1 helicopters, and ASB 65.44, applicable to Model SA-365C, C1, and C2 helicopters, both dated April 10, 2006. The actions described in the MCAI are intended to correct the same unsafe condition as that identified in this service information. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of France, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design, we have been notified of the unsafe condition described in the MCAI and the service information. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of these same type designs. 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. The AD requires “inspections” rather than “checks” of the tightening torque. It also uses the term “time-in-service” rather than “flying hours”. In making these changes, we do not intend to differ substantively from the information provided in the MCAI. These differences are highlighted in the “Differences Between the FAA AD and the MCAI” section in the AD. Costs of Compliance We estimate that this AD will affect 36 helicopters of U.S. registry and that it will take about 4 work hours per helicopter to perform the tightening torque inspections. The average labor rate is $80 per work-hour. Based on these figures, we estimate the total cost for this fleet of helicopters to be $11,520, or $320 per helicopter, assuming there will not be 4 or more adjacent bolts with torque less than 3.2 MdaN. 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 of a discovery of certain MRH attachment bolts with too little tightening torque, which could result in loss of the main rotor head, and subsequent loss of control of the helicopter. 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-2008-0164; Directorate Identifier 2007-SW-43-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared an economic 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: **2008-04-03 Eurocopter:** Amendment 39-15375. Docket No. FAA-2008-0164; Directorate Identifier 2007-SW-43-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective on March 6, 2008. Other Affected ADs

(b)None. Applicability

(c)This AD applies to Model AS-365N2 and N3, SA-365C, C1 and C2, SA-365N and N1 helicopters, certificated in any category. Reason

(d)The mandatory continued airworthiness information

(MCAI)states: This Emergency Airworthiness Directive is issued following several reports of tightening torque loss detected on the main rotor hub (MRH)-to-main rotor mast bolted attachment. These findings were made on EUROCOPTER-assembled attachments with less than 300 operating hours. Misinterpretation of the assembly documentation used by EUROCOPTER Marignane may have led to the assembly of these attachments with no grease applied to the nut threads, which leads to a reduction in the tightening loads. A loss of tightening torque on the MRH-to-main rotor mast attachment bolt could lead to loss of the main rotor head. Actions and Compliance

(e)Inspect the tightening torque of the MRH to main rotor mast assembly attachment bolts in accordance with paragraph 2.B. of Eurocopter Alert Service Bulletin

(ASB)No. 62.00.22, applicable to Model AS-365N2 and N3, and SA365N and N1 helicopters, or ASB No. 65.44, applicable to Model SA-365C, C1, and C2 helicopters, both dated April 10, 2006, unless already done:

(1)On or before reaching 300 hours TIS, for helicopters with less than 280 hours time-in-service (TIS); or

(2)Within 20 hours TIS, for helicopters with 280 or more hours TIS. Differences Between the FAA AD and the MCAI

(f)This AD requires “inspections” rather than “checks” of the tightening torque. It also uses the term “time-in-service” rather than “flying hours”. Subject

(g)Air Transport Association of America

(ATA)Code 5220, Main Rotor Head. Other Information

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

(1)Alternative Methods of Compliance (AMOCs): The Manager, Safety Management Group, 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: Jim Grigg, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5126, fax

(817)222-5961.

(2)Airworthy Product: Use only FAA-approved corrective actions. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent) if the State of Design has an appropriate bilateral agreement with the United States. 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

(i)MCAI European Aviation Safety Agency

(EASA)AD No. 2006-0084-E, dated April 11, 2006, contains related information. Material Incorporated by Reference

(j)The Director of the Federal Register approved the incorporation by reference of the service information specified in Table 1 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

(k)For service information identified in this AD, contact American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone

(972)641-3460, fax

(972)641-3527.

(l)You may review copies of the service information 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/cfr/ibr-locations.html* . Table 1.—Material Incorporated by Reference ASB Pages Revision Date Eurocopter ASB No. 62.00.22 6 through 8 Revision 0 April 10, 2006. Eurocopter ASB No. 65.44 6 through 8 Revision 0 April 10, 2006. Issued in Fort Worth, Texas on February 6, 2008. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E8-2849 Filed 2-19-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0165; Directorate Identifier 2007-SW-58-AD; Amendment 39-15377; AD 2008-04-05] RIN 2120-AA64 Airworthiness Directives; Eurocopter Deutschland Model EC135 Helicopters AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for Eurocopter Deutschland (Eurocopter) Model EC135 helicopters. 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 European Aviation Safety Agency (EASA), the Technical Agent for the Federal Republic of Germany, with which we have a bilateral agreement, states in the MCAI: During a flight a burning odour [sic] could be smelled in the cabin. Its reason was a short circuit in the LH cable channel, which was caused by a damaged wire harness. The wire harness was damaged by the side channel cover's attachment hardware. The rubbing and chafing of the wiring harnesses in the tunnels underneath the channel cover, against the screws and rivets attaching the channel covers, could lead to a short circuit of the wiring harness. This AD requires actions that are intended to address this unsafe condition by preventing a short circuit resulting from a damaged wiring harness, which could subsequently lead to a fire in the helicopter. DATES: This AD becomes effective on March 6, 2008. The Director of the Federal Register approved the incorporation by reference of Eurocopter Alert Service Bulletin EC135-53A-1017, Revision 1, dated June 22, 2007, as of March 6, 2008. We must receive comments on this AD by April 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. You may get the service information identified in this AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone

(972)641-3460, fax

(972)641-3527. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Carroll Wright, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5120, fax

(817)222-5961. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion The European Aviation Safety Agency (EASA), which is the technical agent for Member States of the European Community, has issued an MCAI in the form of EASA Emergency AD No. 2007-0021-E, dated January 19, 2007, (referred to after this as “the MCAI”), to correct an unsafe condition for this German-certificated helicopter. The MCAI states: During a flight a burning odour [sic] could be smelled in the cabin. Its reason was a short circuit in the LH cable channel, which was caused by a damaged wire harness. The wire harness was damaged by the side channel cover's attachment hardware. The rubbing and chafing of the wiring harnesses in the tunnels underneath the channel cover, against the screws and rivets attaching the channel covers, could lead to a short circuit of the wiring harness and a subsequent fire in the helicopter. You may obtain further information by examining the MCAI and service information in the AD docket. Relevant Service Information Eurocopter has issued Alert Service Bulletin No. EC135-53A-017, Revision 1, dated June 22, 2007. The actions described in the MCAI are intended to correct the same unsafe condition as that identified in the service information. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of the Federal Republic of Germany and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design, we have been notified of the unsafe condition described in the MCAI and service information. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. This AD differs from the MCAI as follows: • We do not require contacting the manufacturer for further instructions if a wiring harness is damaged but require that you replace a damaged wiring harness with an airworthy wiring harness. • We do not require a February 28, 2007, compliance time because that date has passed. • We include in the applicability the helicopter serial number (S/N) 0005 up to and including S/N 0576 as stated in the service information rather than the helicopter S/N 0005 up to and including 0654 as stated in the MCAI. • We refer to the compliance time as “hours time-in-service” rather than “flight hours.” These differences are highlighted in the “Differences Between the FAA AD and the MCAI” section in the AD. Costs of Compliance We estimate that this AD will affect 156 helicopters of U.S. registry. We also estimate that it will take 5 hours to inspect a helicopter with a copilot collective lever cover and 4 hours to inspect a helicopter without a copilot collective lever cover. The average labor rate is $80 per work-hour. Required parts will cost about $400 for a helicopter with a copilot collective lever cover and $320 for a helicopter without a copilot collective lever cover. Based on these figures, we estimate the total cost to be $124,800, assuming all the helicopters have a copilot collective lever cover. 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 a short circuit and fire could occur from a damaged wiring harness. Each wiring harness must be inspected within a short period of time, 25 hours time-in-service, for chafing and wear and modified as necessary to prevent a fire from occurring in the helicopter. 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-2008-0165; Directorate Identifier 2007-SW-58-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared an economic 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: **2008-04-05 Eurocopter Deutschland:** Amendment 39-15377. Docket No. FAA-2008-0165; Directorate Identifier 2007-SW-58-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective on March 6, 2008. Other Affected ADs

(b)None. Applicability

(c)This AD applies to Model EC135 helicopters, serial number 0005 up to and including 0576, certificated in any category. Subject

(d)Air Transport Association of America

(ATA)Code: 5321, Frame; and 1497, Miscellaneous wiring. Reason

(e)The mandatory continued airworthiness information

(MCAI)states: During a flight a burning odour [sic] could be smelled in the cabin. Its reason was a short circuit in the LH cable channel, which was caused by a damaged wire harness. The wire harness was damaged by the side channel cover's attachment hardware. The rubbing and chafing of the wiring harnesses in the tunnels underneath the channel cover, against the screws and rivets attaching the channel covers, could lead to a short circuit of the wiring harness and a subsequent fire in the helicopter. Actions and Compliance

(f)Within 25 hours time-in-service (TIS), unless already done, do the following:

(1)Inspect the wiring harnesses for chafing and wear in the areas shown in Figure 1 of Eurocopter Alert Service Bulletin EC135-53A-017, Revision 1, dated June 22, 2007 (ASB).

(i)If chafing or wear is found on the wiring harness, before further flight, replace the wiring harness with an airworthy wiring harness.

(ii)If no chafing or wear is found, modify the side channel covers by affixing double-sided adhesive tape in the area depicted in Figure 2 of the ASB by following the Accomplishment Instructions, paragraph C, of the ASB.

(2)Modify the attachment of the copilot collective lever cover as depicted in Figure 3 of the ASB by following the Accomplishment Instructions, paragraph D, of the ASB.

(3)Attach chafing protection to the wiring harnesses and replace affected screws as depicted in and in accordance with Figure 4 of the ASB and by following the Accomplishment Instructions, paragraphs E and F, of the ASB. Paragraph F(2) of the ASB applies only to helicopters with a copilot collective lever cover. Differences Between the FAA AD and the MCAI

(g)This AD differs from the MCAI as follows:

(1)We do not require contacting the manufacturer for further instructions if a wiring harness is damaged but require that you replace a damaged wiring harness with an airworthy wiring harness.

(2)We do not require a February 28, 2007, compliance time because that date has passed.

(3)We have used the helicopter S/N 0005 up to and including S/N 0576 as stated in the service information rather than the helicopter S/N 0005 up to and including 0654 as stated in the MCAI.

(4)We refer to the compliance time as “hours TIS” rather than “flight hours.” Other FAA AD Provisions

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

(1)Alternative Methods of Compliance (AMOCs): The Manager, Safety Management Group, 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: Carroll Wright, Aviation Safety Engineer, Rotorcraft Directorate, Regulations and Policy Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5120, fax

(817)222-5961.

(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

(i)Mandatory Continuing Airworthiness Information

(MCAI)Emergency Airworthiness Directive No. 2007-0021-E, dated January 19, 2007, contains related information. Material Incorporated by Reference

(j)The Director of the Federal Register approved the incorporation by reference of Eurocopter Alert Service Bulletin EC135-53A-017, Revision 1, dated June 22, 2007, under 5 U.S.C. 552(a) and 1 CFR part 51.

(k)For the Eurocopter service information identified in this AD, contact American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone

(972)641-3460, fax

(972)641-3527.

(l)You may review copies of the Eurocopter service information 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/cfr/ibr-locations.html* . Issued in Fort Worth, Texas, on February 6, 2008. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E8-2850 Filed 2-19-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0060; Airspace Docket No. 08-ANE-91] Establishment of Class E Airspace; Swans Island, ME AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule, request for comments. SUMMARY: This action establishes Class E Airspace at Swans Island, ME to support a new Area Navigation

(RNAV)Global Positioning System

(GPS)Special Instrument Approach Procedure

(IAP)that has been developed for medical flight operations into the Swans Island Heliport. This action enhances the safety and management of Instrument Flight Rule

(IFR)operations by providing that required controlled airspace to protect for this approach around Swans Island, ME. DATES: Effective 0901 UTC, June 5, 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. Comments for inclusion in the Rules Docket must be received on or before April 7, 2008. ADDRESSES: Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the Docket Number FAA-2008-0060; Airspace Docket No. 08-ANE-91, at the beginning of your comments. You may also submit and review received comments through the Internet at *http://www.regulations.gov.* You may review the public docket containing the rule, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 30337. FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone

(404)305-5610. 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. The FAA has determined that this rule only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. 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. If the FAA receives, within the comment period, an adverse or negative comment, or written 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 and comments may be submitted and reviewed at *http://www.regulations.gov.* Recently published rulemaking documents can also be accessed through the FAA's Web page at *http://www.faa.gov.* or the Federal Register's Web page at *http://www.gpoaccess.gov/fr/index.html.* 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. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of this action and determining whether additional rulemaking action would be needed. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. Those wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2008-0060; Airspace Docket No. 08-ANE-91.” The postcard will be dated stamped and returned to the commenter. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace at Swans Island, ME providing the controlled airspace required to support the new Copter Area Navigation

(RNAV)Global Positioning System

(GPS)092 Point in Space

(PinS)approach developed for the Swans Island Heliport. In today's environment where speed of treatment for medical injuries is imperative, landing sites have been developed for helicopter medical Lifeguard flights or Lifeflights at the local hospitals; this is one of those sites. Controlled airspace extending upward from 700 feet Above Ground Level

(AGL)is required for Instrument Flight Rules

(IFR)operations and to encompass all Instrument Approach Procedures

(IAPs)to the extent practical, therefore, the FAA is amending Title 14, Code of Federal Regulations (14 CFR) part 71 to establish a 6-mile radius Class E5 airspace at Swans Island, ME. Designations for Class E airspace areas extending upward from 700 feet or more above the surface of the Earth are published in FAA Order 7400.9R, signed August 15, 2007 effective September 15, 2007, which is incorporated by reference in 14 CFR part 71.1. The Class E 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 implications 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 controlled airspace near the Swans Island Heliport in Swans Island, ME. Lists 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 Designations and Reporting Points, signed August 15, 2007, effective September 15, 2007, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. ANE ME E5 Swans Islands, ME [New] Swans Island Heliport (Lat. 44°09′55″ N., long. 68°25′49″ W.) Point in Space Coordinates (Lat. 44°09′45″ N., long. 68°26′41″ W.) That airspace extending upward from 700 feet above the surface of the Earth within a 6-mile radius of the Point in Space Coordinates (Lat. 44°09′45″ N., long. 68°26′41″ W.) serving the Swans Island Heliport. Issued in College Park, Georgia, on January 31, 2008. Barry A. Knight, Acting Manager, System Support Group, Eastern Service Center. [FR Doc. 08-717 Filed 2-19-08; 8:45 am]

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