Unknown. Final rule; technical amendments

23,138 words·~105 min read·/register/2008/03/24/08-55507

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-2008-03-24.xml --- 73 57 Monday, March 24, 2008 Contents Agriculture Agriculture Department See Rural Housing Service Antitrust Antitrust Division NOTICES Pursuant to the National Cooperatice Research and Production Act of 1993; Portland Cement Association, 15538 E8-5703 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15524-15528 E8-5859 E8-5860 E8-5861 E8-5862 Meetings:

National Institutes of Health, 15528 E8-5858 Centers Centers for Medicare & Medicaid Services NOTICES Reconsideration of Disapproval of Texas State Plan Amendment; Hearing, 15528-15529 E8-5881 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15529-15530 E8-5761 Commerce Commerce Department See Economics and Statistics Administration See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 15475-15477 E8-5826 E8-5872 E8-5873 E8-5874 Defense Defense Department See Navy Department NOTICES Arms Sales Notification, 15489-15495 E8-5744 Meetings: Missile Defense Advisory Committee, 15495-15496 E8-5869 E8-5870 Privacy Act; Systems of Records, 15496-15497 E8-5871 Economics Economics and Statistics Administration NOTICES Meetings: Bureau of Economic Analysis Advisory Committee, 15477 E8-5895 Education Education Department PROPOSED RULES Family Educational Rights and Privacy, 15574-15602 E8-5790 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission See Western Area Power Administration Energy Energy Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 15498-15501 E8-5865 E8-5867 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Louisiana; Approval of 8-Hour Ozone NAAQS, 15411-15416 E8-5800 Finding of Failure to Submit State Implementation Plans Required for the 1997 8-hour Ozone NAAQS, 15416-15421 E8-5807 National Volatile Organic Compound Emission Standards for Aerosol Coatings, 15421-15425, 15604-15631 E8-5583 E8-5589 Pesticide Tolerance;

Pyraclostrobin, 15425-15431 E8-5893 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Louisiana; Approval of 8-hour Ozone NAAQS, 15470 E8-5798 National Volatile Organic Compound Emission Standards for Aerosol Coatings, 15470-15471 E8-5588 NOTICES Protection of Stratospheric Ozone; Launch of Electronic Reporting System, 15520-15521 E8-5879 Receipt of Requests for Amendments to Delete Uses in Certain Pesticide Registrations, 15521-15522 E8-5878 Revisions to FY 2009 Guidelines for Brownfields Assessment, Cleanup and Revolving Loan Fund Grants, 15522-15523 E8-5880 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness Directives:

Boeing Model 737 300, 400, and 500 Series Airplanes, 15397-15399 E8-5702 Eurocopter France Model EC130 B4 Helicopters, 15395-15397 E8-5494 Goodrich Evacuation Systems Approved Under Technical Standard Orders, Installed on Various Boeing, McDonnel Douglas, and Airbus Transport Category Airplanes, 15399-15409 E8-5375 FCC Federal Communications Commission RULES DTV Consumer Education Initiative, 15431-15458 E8-5409 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15523 E8-5806 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Assessment Dividends, 15459-15468 E8-5670 Federal Energy Federal Energy Regulatory Commission NOTICES Amendment of License and Soliciting Comments, Motions to Intervene, and Protests:

Georgia Power Company, 15501 E8-5850 Amendment to Petition for Temporary Waiver of Tariff Provisions and Request for Expedited Action: Gulfstream Natural Gas System, L.L.C., 15501-15502 E8-5827 Application: EcoElectrica, L.P., 15511 E8-5849 Application Accepted for Filing and Soliciting Comments, Motions to Intervene, and Protests: Howell Heflin Hydro, LLC, 15502-15503 E8-5845 Application for Amendment of License and Soliciting Comments, Motions to Intervene, and Protests: Alabama Power Co., 15503-15504 E8-5832 Georgia Power Company, 15509-15510 E8-5838 Kentucky Hydro 2, LLC, 15504-15505 E8-5841 Kentucky Hydro 4, LLC, 15505-15506 E8-5843 Kentucky Hydro 8, LLC, 15506-15507 E8-5844 Tom Bevill Hydro, LLC, 15507-15508 E8-5842 Tuttle Creek Hydro, LLC, 15508-15509 E8-5840 Application to Transfer Natural Gas Act Section 3 Authorization and Presidential Permit:

Sword Energy Limited, et al., 15510 E8-5833 Availability of Final Environmental Impact Statement: Sacramento Municipal Utility District et al.; Upper American River Project and the Chili Bar Project, 15511-15512 E8-5831 Complaint: MMC Energy, Inc., 15512 E8-5828 Filing: Self-Certification of Qualifying Status of a Cogeneration Facility; Food Lion 2552 Wilson, NC, 15512-15513 E8-5848 E8-5851 South Carolina Electric & Gas Co., 15513 E8-5829 Intent to File License Application for a New License and Commencing Licensing Proceeding:

Hook Canyon Energy, LLC, 15513-15515 E8-5830 Intent to Prepare Environmental Assessment: Proposed Love Ranch Relocation Project; TransColorado Gas Transmission Company, 15515-15516 E8-5852 Issuance of Order: Massie Power, LLC, 15516-15517 E8-5839 Meetings: PPL Holtwood, LLC, 15517-15518 E8-5846 Petition for Declaratory Order and Soliciting Comments, Motions to Intervene, and Protests: Central Oregon Irrigation District, 15518-15519 E8-5847 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators:

Updated Information, 15471-15472 E8-5905 NOTICES Demonstration Project on NAFTA Trucking Provisions, 15557-15566 E8-5722 Qualification of Drivers; Exemption Applications; Vision, 15567-15570 E8-5857 Food Food and Drug Administration NOTICES Meetings: Ophthalmic Devices Panel of the Medical Devices Advisory Committee, 15530 E8-5810 Government Government Ethics Office RULES Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations; Technical Amendments, 15387-15388 E8-5484 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Meetings:

Vaccine Safety Working Group, 15524 E8-5892 Homeland Homeland Security Department See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15534-15535 E8-5899 Certification and Funding of State and Local Fair Housing Enforcement Agencies; Request for Comments, 15535-15536 E8-5910 Interior Interior Department See National Park Service IRS Internal Revenue Service RULES Employment Taxes and Collection of Income Tax at Source;

CFR Correction, 15410-15411 08-55507 International International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15477-15478 E8-5825 E8-5875 Extension of Time Limit for Final Results of the New Shipper Reviews: Frozen Fish Fillets From Vietnam, 15478-15479 E8-5887 Final Results of Antidumping Duty Administrative Review and Partial Rescission: Ball Bearings and Parts From Japan, 15481-15482 E8-5886 Certain Frozen Fish Fillets From Vietnam, 15479-15481 E8-5889 International International Trade Commission NOTICES Investigation:

Certain Spa Cover Lift Frames, 15537-15538 E8-5836 Justice Justice Department See Antitrust Division See Justice Programs Office Justice Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15538-15539 E8-5820 Labor Labor Department See Labor Statistics Bureau See Mine Safety and Health Administration See Occupational Safety and Health Administration MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 15539-15540 E8-5812 Mine Mine Safety and Health Administration NOTICES Petitions for Modification, 15540-15541 E8-5908 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15530-15531 E8-5816 Government-Owned Inventions; Availability for Licensing, 15531-15533 E8-5813 Meetings: National Institute of Diabetes and Digestive and Kidney Diseases, 15533-15534 E8-5706 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska;

Pacific Ocean Perch for Vessels in the Bering Sea and Aleutian Islands Trawl Limited Access Fishery in the Eastern Aleutian District, 15458 08-1066 NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 15482-15483 E8-5901 Marine Mammals; Pinniped Removal Authority; Partial Approval of Application, 15483-15488 E8-5902 Meetings: Gulf of Mexico Fishery Management Council, 15488 E8-5864 South Atlantic Fishery Management Council, 15488-15489 E8-5801 National Park National Park Service NOTICES National Register of Historic Places:

Pending Nominations and Related Actions, 15536-15537 E8-5821 Navy Navy Department NOTICES Privacy Act; Systems of Records, 15497-15498 E8-5877 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15542-15543 E8-5884 Meetings: Advisory Committee on Reactor Safeguards, 15543 E8-5894 E8-5897 Request for Qualified Candidates for the Advisory Committee on Reactor Safeguards, 15543-15544 E8-5883 Occupational Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 15541-15542 E8-5837 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15545-15546 E8-5863 Rural Rural Housing Service NOTICES USDA Rural Development Voucher Program, 15473-15475 E8-5817 SEC Securities and Exchange Commission NOTICES Order Approving and Declaring Effective an Amendment to the Plan for Allocating Regulatory Responsibility:

American Stock Exchange LLC et al.; Correction, 15571 Z8-5321 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 15546-15548 E8-5795 Chicago Stock Exchange, Inc., 15548 E8-5794 Depository Trust Co., 15548-15550 E8-5796 NYSE Arca, Inc., 15550-15554 E8-5793 Philadelphia Stock Exchange, Inc., 15554-15555 E8-5797 Suspension of trading— NeoTactix Corporation et al., 15556 08-1070 SBA Small Business Administration PROPOSED RULES Meetings: Lender Oversight and Credit Risk Management Program, 15468-15469 E8-5856 NOTICES Disaster Declaration:

Missouri, 15556 E8-5814 Tennessee, 15556 E8-5815 State State Department RULES International Arms Traffic in Arms Regulations, Sri Lanka; Amendment, 15409-15410 E8-5890 NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Glass of the Alchemists: Lead Crystal-Gold Rub, 15557 E8-5891 Trade Trade Representative, Office of United States NOTICES WTO Dispute Settlement Proceeding Regarding China; Request for Comments, 15544-15545 E8-5885 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Internal Revenue Service MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services RULES Petitions Filed on Behalf of Temporary Workers Subject to or Exempt From Annual Numerical Limitation, 15389-15395 E8-5906 Western Western Area Power Administration NOTICES Transmission and Ancillary Services Rates: Salt Lake City Area Integrated Projects Firm Power, Colorado River Storage Project, 15519-15520 E8-5868 Separate Parts In This Issue Part II Education Department, 15574-15602 E8-5790 Part III Environmental Protection Agency, 15604-15631 E8-5589 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 57 Monday, March 24, 2008 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Parts 2634 and 2635 RINs 3209-AA00 and 3209-AA04 Technical Updating Amendments to Executive Branch Financial Disclosure and Standards of Ethical Conduct Regulations AGENCY:

Office of Government Ethics (OGE). ACTION: Final rule; technical amendments. SUMMARY: The Office of Government Ethics is updating its executive branch regulation on financial disclosure to reflect the retroactive statutory increase of the reporting thresholds for gifts and travel reimbursements. As a matter of regulatory policy, OGE is also raising the widely attended gatherings nonsponsor gifts exception dollar ceiling under the executive branchwide standards of ethical conduct regulation, but this change is not retroactive.

Finally, OGE is also correcting a typographical error in an unrelated provision of the financial disclosure regulation. DATES: This rule is effective March 24, 2008. The amendments to 5 CFR 2634.304 and 2634.907 (as set forth in amendatory paragraphs 2 and 4) are retroactively applicable as of January 1, 2008. FOR FURTHER INFORMATION CONTACT: William E. Gressman, Senior Associate General Counsel, Office of Government Ethics; Telephone: 202-482-9300; TDD: 202-482-9293; FAX: 202-482-9237.

SUPPLEMENTARY INFORMATION: The Office of Government Ethics is amending pertinent sections of its executive branchwide ethics regulations on financial disclosure and standards of ethical conduct, as codified at 5 CFR parts 2634 and 2635, in order to update certain reporting and other thresholds, as well as to correct one typographical error in the wording of an unrelated section of part 2634 (§ 2634.803(d)). Increased Gifts and Travel Reimbursements Reporting Thresholds First, OGE is revising its executive branch financial disclosure regulation at 5 CFR part 2634, applicable as of January 1, 2008 to reflect the increased reporting thresholds for gifts, reimbursements and travel expenses for both the public and confidential executive branch financial disclosure systems.

These increases conform to the statutorily mandated public disclosure reporting thresholds under section 102(a)(2)(A) &

(B)of the Ethics in Government Act as amended, 5 U.S.C. app. section 102(a)(2)(A) & (B), and are extended to confidential disclosure reporting by OGE's regulation. Under the Ethics Act, the gifts and reimbursements reporting thresholds are tied to the dollar amount for the “minimal value” threshold for foreign gifts as the General Services Administration

(GSA)periodically redefines it. In a recent rulemaking, GSA raised “minimal value” under the Foreign Gifts and Decorations Act, 5 U.S.C. 7342, to “$335 or less” (from the prior level of $305 or less) for the three-year period 2008-2010. See 73 FR 7475 (February 8, 2008), revising (retroactively applicable as of January 1, 2008) the foreign gifts minimal value definition as codified at 41 CFR 102-42.10. Accordingly, applicable as of that same date, OGE is increasing the thresholds for reporting of gifts and travel reimbursements from any one source in 5 CFR 2634.304 and 2634.907(g) (and as illustrated in the examples following those sections, including appropriate adjustments to gift values therein) of its executive branch financial disclosure regulation to “more than $335” for the aggregation threshold for reporting and “$134 or less” for the de minimis exception for gifts and reimbursements which do not have to be counted towards the aggregate threshold. As noted, these regulatory increases just reflect the underlying statutory increases applicable as of January 1 of this year. OGE will continue to adjust the gifts and travel reimbursements reporting thresholds in its part 2634 regulation in the future as needed in light of GSA's redefinition of “minimal value” every three years for foreign gifts purposes. See OGE's prior three-year adjustment of those regulatory reporting thresholds, as published at 70 FR 12111-12112 (March 11, 2005) (for 2005-2007, the aggregate reporting level was more than $305, with a $122 or less de minimis exception). Increased Dollar Ceiling for the Exception for Nonsponsor Gifts of Free Attendance at Widely Attended Gatherings In addition, OGE is increasing from $305 to $335 the exception ceiling for nonsponsor gifts of free attendance at widely attended gatherings under the executive branch standards of ethical conduct regulation, as codified at 5 CFR 2635.204(g)(2) (and as illustrated in the examples following paragraph (g); a sum total value in one example is also being adjusted accordingly). This separate regulatory change is effective upon publication in the **Federal Register** , on March 24, 2008. As OGE noted in the preambles to the proposed and final rules on such nonsponsor gifts, that ceiling is based in part on the financial disclosure gifts reporting threshold. See 60 FR 31416 (June 15, 1995) and 61 FR 42968 (August 20, 1996). The nonsponsor gift ceiling was last raised in the March 2005 OGE rulemaking noted in the preceding paragraph above. Thus, it is reasonable to again increase the nonsponsor gift ceiling to match the further increase in the gifts/travel reimbursements reporting thresholds. The other requirements for acceptance of such nonsponsor gifts, including an agency interest determination and expected attendance by more than 100 persons, remain unchanged. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b) and (d), as Director of the Office of Government Ethics, I find good cause exists for waiving the general notice of proposed rulemaking, opportunity for public comment and 30-day delay in effectiveness as to these technical updating amendments. The notice, comment and delayed effective date provisions are being waived in part because these technical amendments concern matters of agency organization, practice and procedure. Further, it is in the public interest that correct and up- to-date information be contained in the affected sections of OGE's regulations as soon as possible. The increase in the reporting thresholds for gifts and reimbursements is based on a statutory formula and also lessens the reporting burden somewhat. Therefore, that regulatory revision is being made retroactively effective January 1, 2008, when the change became effective under the Ethics Act. Regulatory Flexibility Act As Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rulemaking will not have a significant economic impact on a substantial number of small entities because it primarily affects Federal employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this amendatory rulemaking itself does not contain information collection requirements that require the approval of the Office of Management and Budget. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), this final rule will not significantly or uniquely affect small governments and will not result in increased expenditures by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Congressional Review Act The Office of Government Ethics has determined that this amendatory rulemaking is a nonmajor rule under the Congressional Review Act (5 U.S.C. chapter 8) and will submit a report thereon to the U.S. Senate, House of Representatives and Government Accountability Office in accordance with that law at the same time this rulemaking document is sent to the Office of the Federal Register for publication in the **Federal Register** . Executive Order 12866 In promulgating these technical amendments, OGE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. These amendments have not been reviewed by the Office of Management and Budget under that Executive order, since they are not deemed “significant” thereunder. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this final amendatory regulation in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. List of Subjects 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Financial disclosure, Government employees, Penalties, Privacy, Reporting and recordkeeping requirements, Trusts and trustees. 5 CFR Part 2635 Conflict of interests, Executive branch standards of ethical conduct, Government employees. Approved: March 11, 2008. Robert I. Cusick, Director, Office of Government Ethics. For the reasons set forth in the preamble, the Office of Government Ethics is amending 5 CFR parts 2634 and 2635 as follows: PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1. The authority citation for part 2634 continues to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. Subpart C—Contents of Public Reports § 2634.304 [Amended] 2. Applicable January 1, 2008, § 2634.304 is amended by: A. Removing the dollar amount “$305” in paragraphs

(a)and

(b)and in examples 1 and 4 following paragraph

(d)and adding in its place in each instance the dollar amount “$335”; B. Removing the dollar amount “$122” in paragraph

(d)and in examples 1 and 2 following paragraph

(d)and adding in its place in each instance the dollar amount “$134”; C. Removing the dollar amount “$145” in example 1 following paragraph

(d)and adding in its place the dollar amount “$185”; D. Removing the dollar amounts “$150” and “$305” in example 3 following paragraph

(d)and adding in their place the dollar amounts “$170” and “$335”, respectively; and E. Removing the dollar amounts “$285” and “$300” in the example to paragraph (f)(1) and adding in their place the dollar amounts “$385” and “$400”, respectively. Subpart H—Ethics Agreements § 2634.803 [Corrected] 3. The first sentence of paragraph

(d)of § 2634.803 is corrected by adding the word “an” between the words “into” and “ethics”. Subpart I—Confidential Financial Disclosure Reports § 2634.907 [Amended] 4. Applicable January 1, 2008, § 2634.907 is amended by: A. Removing the dollar amount “$305” in paragraphs (g)(1) and (g)(2) and in the example to paragraph

(g)and adding in its place in each instance the dollar amount “$335”; and B. Removing the dollar amount “$122” in paragraph (g)(3) and in the example to paragraph

(g)and adding in its place in each instance the dollar amount “$134”. PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH 5. The authority citation for part 2635 continues to read as follows: Authority: 5 U.S.C. 7301, 7351, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. Subpart B—Gifts From Outside Sources § 2635.204 [Amended] 6. Section 2635.204 is amended by: A. Removing the dollar amount “$305” in paragraph (g)(2) and in examples 1 and 2 (in the latter of which it appears twice) following paragraph (g)(6) and adding in its place in each instance the dollar amount “$335”; and B. Removing the dollar amount “$610” in example 2 following paragraph (g)(6) and adding in its place the dollar amount “$670”. [FR Doc. E8-5484 Filed 3-21-08; 8:45 am] BILLING CODE 6345-02-P DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 214 [CIS No. 2434-07; DHS Docket No. USCIS-2007-0060] RIN 1615-AB68 Petitions Filed on Behalf of H-1B Temporary Workers Subject to or Exempt From the Annual Numerical Limitation AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Interim rule with request for comments. SUMMARY: The Department of Homeland Security is amending its regulations governing petitions filed on behalf of alien workers subject to the annual numerical limitations applicable to the H nonimmigrant classification. This rule precludes a petitioner from filing more than one petition based on the H-1B nonimmigrant classification on behalf of the same alien temporary worker in a given fiscal year if the alien is subject to a numerical limitation or is exempt from a numerical limitation by virtue of having earned a master's or higher degree from a U.S. institution of higher education. Additionally, this rule makes accommodations for petitioners seeking to file petitions on the first day on which filings will be accepted for the next fiscal year on behalf of alien workers subject to the annual numerical limitation or U.S. master's or higher degree holders exempt from this limitation. This rule also clarifies the treatment of H nonimmigrant petitions incorrectly claiming an exemption from the numerical limitations. Finally, the rule removes from the regulations unnecessary language regarding the annual numerical limitation applicable to the H-1B nonimmigrant classification. These changes are necessary to clarify the regulations and further ensure the fair and orderly adjudication of petitions subject to numerical limitations. DATES: *Effective date:* This rule is effective March 24, 2008. *Comment Date:* Written comments must be submitted on or before May 23, 2008. ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-2007-0060 by one of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail:* You may submit comments directly to USCIS by e-mail at *rfs.regs@dhs.gov.* Include DHS Docket No. USCIS-2007-0060 in the subject line of the message. • *Mail:* Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2007-0060 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions. • *Hand Delivery/Courier:* U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number is

(202)272-8377. FOR FURTHER INFORMATION CONTACT: Patricia Jepsen, Adjudications Officer, Business and Trade Services, Office of Service Center Operations, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529, telephone

(202)272-8410. SUPPLEMENTARY INFORMATION: I. Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this interim rule. The Department of Homeland Security

(DHS)and U.S. Citizenship and Immigration Services (USCIS) also invite comments that relate to the economic, environmental, or federalism effects that might result from this interim rule. Comments that will provide the most assistance to USCIS in developing these procedures will reference a specific portion of the interim rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. Instructions: All submissions received must include the agency name and DHS Docket No. USCIS-2007-0060. All comments received will be posted without change to *http://www.regulations.gov,* including any personal information provided. *Docket:* For access to the docket to read background documents or comments received go to *http://www.regulations.gov.* Submitted comments may also be inspected at the Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. II. Background The ability of employers to fill available U.S. jobs on a timely basis with alien temporary workers otherwise eligible for the H-1B nonimmigrant classification generally depends on when they filed petitions for such workers and the number of such petitions that USCIS has approved with respect to the relevant fiscal year (i.e., October 1 through September 30). With a few exceptions, the total number of aliens who may be accorded H-1B nonimmigrant status during any fiscal year currently may not exceed 65,000 (referred to as the “cap” or “numerical limitation”). *See* Immigration and Nationality Act

(INA)sec. 214(g), 8 U.S.C. 1184(g). USCIS may only accord status to qualified aliens in the order in which the H-1B petitions are filed. *See* INA sec. 214(g)(3), 8 U.S.C. 1184(g)(3). This interim final rule will improve USCIS' ability to administer the cap by modifying the filing procedures for H-1B petitions submitted by employers on behalf of aliens. A. The H-1B Petition Process An H-1B nonimmigrant is an alien employed to perform services in a specialty occupation, services related to a Department of Defense cooperative research and development project or coproduction project, or services of distinguished merit and ability in the field of fashion modeling. INA sec. 101(a)(15)(H), 8 U.S.C. 1101(a)(15)(H); 8 CFR 214.2(h)(4). To qualify as a specialty occupation, the position must meet one of the following requirements:

(1)The minimum entry requirement for the position normally is a bachelor's or higher degree or its equivalent;

(2)the degree requirement is common to the industry or the position is so complex or unique that it can be performed only by an individual with a degree;

(3)the employer normally requires a degree or its equivalent for the position; or

(4)the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with attainment of a bachelor's or higher degree. 8 CFR 214.2(h)(4)(iii)(A). Before employing an H-1B temporary worker, a U.S. employer first must file an H-1B petition with USCIS on behalf of the worker on Form I-129, “Petition for a Nonimmigrant Worker” together with the forms, “H Classification Supplement to Form I-129” and “H-1B Data Collection and Filing Fee Exemption Supplement.” The worker must be named on the petition. 8 CFR 214.2(h)(2)(iii). For a petition filed on behalf of a temporary worker in a specialty occupation, the employer also must file a Labor Condition Application

(LCA)that has been certified by the Department of Labor (DOL). 8 CFR 214.2(h)(4)(i)(B)(1). The LCA specifies the job, salary, length, and geographic location of employment. The petitioner must pay several different fees with the H-1B petition. The base filing fee is $320. 8 CFR 103.7(b)(1) (listing Form I-129 filing fee). In addition, a petition filed by an employer with 26 or more full-time employees must pay a $1,500 fee; a petition filed by an employer with 25 or fewer full-time employees must pay a $750 fee. INA 214(c)(9)(B), 8 U.S.C. 1184(c)(9)(B). Most employers filing an initial H-1B petition, and H-1B employers filing a petition on behalf of an alien currently employed as an H-1B temporary worker by another employer, must pay a fraud prevention and detection fee of $500. INA 214(c)(12)(A) and (C). Finally, an employer requesting expedited processing of the H-1B petition must pay an extra $1,000 premium processing fee with the expedited processing request. INA 286(u), 8 U.S.C. 1356(u); 8 CFR 103.2(f)(2). These fees are not refundable. 8 CFR 103.2(a)(1). Once USCIS accepts the H-1B petition, it adjudicates the petition and issues a written decision notifying the petitioner whether USCIS requires additional information before it can issue a decision or whether the petition is approved or denied. 8 CFR 103.2(a)(8) and 214.2(h)(9) and (10). USCIS may revoke a petition that has been previously approved, even after expiration of the petition. 8 CFR 214.2(h)(11). A petitioning employer, following receipt of the written decision, may appeal to USCIS the denial or revocation of a petition. 8 CFR 214.2(h)(12). An approved H-1B petition is valid for a period of up to three years. 1 *See* 8 CFR 214.2(h)(9)(iii)(A)(1). Prior to the expiration of the initial H-1B petition, the petitioning employer may apply for an extension of stay, or a different employer may petition on behalf of the temporary worker. 8 CFR 214.2(h)(2)(i)(D) and (15)(ii)(B). However, any such extension only may only be granted for a period of time such that the total period of the temporary worker's admission does not exceed six years. 2 INA sec. 214(g)(4), 8 U.S.C. 1184(g)(4); 8 CFR 214.2(h)(13)(iii)(A). At the end of the six-year period, such alien must either seek permanent resident status or depart the United States. 3 *See* 8 CFR 214.2(h)(13)(iii)(A). The alien may be eligible for a new six-year period of admission in H-1B nonimmigrant status if he or she remains outside the United States for at least one year. *Id.* 1 Initial H-1B petitions involving a DOD research and development or co production project may be approved for a period of up to five years. 8 CFR 214.2(h)(9)(iii)(A)(2). 2 Aliens entering the United States in H-1B status to perform services of an exceptional nature in a research, development and/or co production project administered by the Department of Defense may remain in the United States for a maximum period of ten years. 8 CFR 214.2(h)(13)(iii)(B). 3 Certain aliens are exempt from the six-year maximum period of admission under sections 104(c) and 106(a) and

(b)of the American Competitiveness in the Twenty-First Century Act of 2000, Pub. L. No. 106-313, 114 Stat. 1251 (2000). B. H-1B Nonimmigrants Subject to the 65,000 Cap Most aliens seeking H-1B nonimmigrant classification are subject to the 65,000 cap. Exempt from the 65,000 cap are aliens who:

(1)Are employed at, or have received offers of employment from, an institution of higher education, or a related or affiliated nonprofit entity;

(2)are employed at, or have received offers of employment from, a nonprofit research organization or a governmental research organization; or

(3)have earned a master's or higher degree from a U.S. institution of higher education. INA sec. 214(g)(5), 8 U.S.C. 1184(g)(5). A cap of 20,000 applies to the exemption based on an alien's U.S. master's or higher degree (“20,000 cap on master's degree exemptions”). INA sec. 214(g)(5)(C), 8 U.S.C. 1184(g)(5)(C). Based on the employer's answers to the questions on the “H-1B Data Collection and Filing Fee Exemption Supplement” to Form I-129, USCIS determines whether the alien beneficiary qualifies for one of the exemptions. The spouses and children of H-1B aliens, classified as H-4 nonimmigrants, are exempt from the 65,000 or 20,000 cap. *See* INA sec. 214(g)(2); 8 U.S.C. 1184(g)(2); 8 CFR 214.2(h)(8)(ii)(A). In addition, USCIS does not apply the 65,000 or 20,000 cap in the following cases: requests for petition extensions or extensions of stay in the United States; and petitions filed on behalf of aliens who are currently in H-1B nonimmigrant status but are seeking to change the terms of current employment, change employers, or work concurrently under a second H-1B petition. Such aliens have already been counted towards the cap(s). *See* INA sec. 214(g)(7), 8 U.S.C. 1184(g)(7); 8 CFR 214.2(h)(8)(ii)(A). C. Random Selection Process In order to ensure that the 65,000 and 20,000 caps are not exceeded, USCIS monitors the number of H-1B petitions it receives. The first day on which petitioners may file H-1B petitions can be as early as six months ahead of the employment start date. 8 CFR 214.2(h)(9)(i)(B). Therefore, a petitioner requesting an employment start date of October 1, the first day of the next fiscal year, may file the H-1B petition as early as April 1 of the current fiscal year. When USCIS determines, based on the number of H-1B petitions it has received, that the applicable cap will be reached, it announces to the public the final day on which it will accept such petitions for adjudication in that fiscal year. USCIS refers to this day as the “final receipt date.” *See* 8 CFR 214.2(h)(8)(ii)(B). USCIS then randomly selects the number of petitions necessary to reach the cap from the petitions received on the final receipt date. *Id.* If USCIS receives sufficient H-1B petitions to reach the cap for the next fiscal year on the first day that filings may be made, that day is the final receipt date. USCIS then randomly applies all of the cap numbers among the H-1B petitions filed on that day and the following day. *Id.* Following the random selection process conducted for the 65,000 cap, USCIS rejects any petitions that are not selected or that are received after the final receipt date (or the day following the final receipt date, if applicable). *Id.;* 8 CFR 214.2(h)(8)(ii)(D). With respect to the 20,000 cap, USCIS will count any non-selected or subsequently filed H-1B petitions towards the 65,000 cap. If the 65,000 cap already has been reached, however, USCIS will reject such petitions. The procedures at 8 CFR 214.2(h)(8)(ii)(B) for assigning cap numbers also apply to other H nonimmigrant petitions that are subject to numerical limitations. *See* 8 CFR 214.2(h)(8)(i). However, because demand for other H categories has not been as great as for the H-1B classification, USCIS has only had to apply the random selection procedures to H-1B petitions subject to the overall 65,000 cap or the 20,000 cap on master's degree exemptions. D. Random Selection Process Under the 65,000 Cap for Fiscal Year 2008 On Monday, April 2, 2007, the first available filing day for fiscal year

(FY)2008, USCIS received H-1B petitions totaling nearly twice the 65,000 cap. *See* USCIS Update at *http://www.uscis.gov/files/pressrelease/H1BFY08Cap040307.pdf.* This was the first time since the random selection process regulations were promulgated that USCIS received more petitions than available cap numbers on the first available filing day. USCIS believes that petitioners rushed to file H-1B petitions for FY 2008 on the first available filing day because the cap had been reached very early in the previous fiscal years, and petitioners may have anticipated that a similar shortage of H-1B cap numbers would occur for FY 2008. 4 In order to ensure receipt of a petition by USCIS on April 2, H-1B petitioners incurred significant costs to send their petitions via overnight courier. The huge volume of filings scheduled for delivery on April 2 caused logistical problems for overnight couriers and on the two USCIS service centers where filings could be made. 4 Each year, the cap has been reached earlier in the year. In FY07, the cap was reached on 5-26-06 ( *see http://www.uscis.gov/files/pressrelease/FY07H1Bcap_060106PR.pdf* ). In FY06, the cap was reached on 8-10-05 ( *http://www.uscis.gov/files/pressrelease/H-1Bcap_12Aug05pdf* ). In FY05, the cap was reached on 10-1-04 ( *http://www.uscis.gov/files/pressrelease/H1B_05fnl100104.pdf* ). Using the petitions received on April 2 and April 3, USCIS conducted the random selection process and thereafter rejected all petitions that were not randomly selected. When adjudicating the selected petitions, USCIS found approximately 500 instances where a single beneficiary had been named on at least two petitions filed by the same petitioner in what appears to have been an attempt to increase the chances of being selected in the random selection process. As a general practice, when USCIS approved a petition for a specifically-named individual, it denied any duplicate petitions subsequently adjudicated. Under current procedures, because H-1B cap numbers are allotted per alien, and not per petition, no adverse consequences befall a petitioner that seeks to exploit the system through filing multiple petitions. By statute, USCIS may only allot one cap number per alien beneficiary, regardless of the number of petitions that were filed on the alien's behalf. INA section 214(g)(7), 8 U.S.C. 1184(g)(7). Based on its experience administering the 65,000 cap, USCIS has determined that the current procedures applicable to petitions filed on behalf of cap-subject aliens pose three problems. First, USCIS has determined that accepting duplicate filings over the course of the fiscal year, as well as for the random selection process, undermines the fair and orderly administration of the cap. When USCIS receives enough H-1B petitions to meet the cap on the first filing day for the coming fiscal year, then conducts an early random selection process, the filing of duplicative petitions increases the odds that USCIS will select at least one of the duplicative petitions for adjudication. Such petitioners thereby gain an unfair advantage over other petitioners participating in the random selection process who filed a single petition for a given beneficiary and job offer. Moreover, the filing of duplicative petitions results in unnecessary adjudications. Such unnecessary adjudications slow the overall processing of H-1B petitions, creating disadvantages for employers and otherwise eligible alien beneficiaries who need to make advance arrangements for the beneficiaries' upcoming employment. Second, since the current regulations provide that the final receipt date is the first day on which filings will be accepted if the cap is reached on that day, and USCIS understands that petitioners anticipate the cap being reached on the first day for future fiscal years, petitioners feel pressured to file petitions on that day for fear of being excluded from the random selection process. USCIS faces significant logistical difficulties in order to handle such a large number of filings being made on the same day. While the current regulations at 8 CFR 214.2(h)(8)(ii)(B) provide some relief by authorizing USCIS to include in the random selection process petitions filed on the first day and the following day, this relief has proved to be insufficient to alleviate these difficulties. Third, the filing of duplicate or multiple petitions may result in USCIS making available more than one receipt number to the same beneficiary, making it more difficult for USCIS to achieve an accurate projection of the number of petitions needed to generate the required number of approvals to reach the cap. In turn, USCIS may prematurely determine that the cap has been reached and either subsequently reject timely-filed petitions or close the opportunity for other prospective H-1B employers to file petitions. E. Cap on Master's Degree Exemptions Just as with the 65,000 cap, the 20,000 cap on master's degree exemptions has been exhausted earlier and earlier for each fiscal year since the cap exemption was added to the law. *See* Omnibus Appropriations Act for Fiscal Year 2005, Div. J, Tit. IV, section 425, Public Law 108-447, 118 Stat. 2809

(2004)(establishing the master's degree exemption). For FY 2006, the 20,000 cap was reached on January 17, 2006. For FY 2007, the cap was reached on July 26, 2006, less than four months after petition filings began on April 1, 2006. For FY 2008, the cap was reached on May 4, 2007, just over one month after petition filings began on April 2, 2007. For each of these fiscal years, USCIS announced a final receipt date and conducted the random selection process. *See* USCIS Update at *http://www.uscis.gov/files/pressrelease/H1Bfy08CapUpdate050407.pdf.* USCIS rejected any non-selected or subsequently filed petitions since the 65,000 cap on H-1B petitions already had been reached by the time USCIS conducted the random selections. USCIS believes that the trend of exhausting the 20,000 cap on master's degree exemptions at an earlier date will continue. Should both the 20,000 and 65,000 caps be reached on the same day that numbers become available (e.g., April 1 of the preceding fiscal year), no regulatory mechanism is in place to facilitate administration of the 20,000 cap in relation to the 65,000 cap. In addition, while USCIS is not aware of duplicative or multiple H-1B petitions being filed in past fiscal years on behalf of the same aliens eligible for the master's degree exemption, USCIS anticipates the possibility of such filings for future fiscal years as the H-1B classification becomes increasingly oversubscribed. In fact, USCIS believes that for FY 2009, it is likely that petitioners will rush to file H-1B petitions on behalf of aliens eligible for the master's degree exemption on the first available filing days, in anticipation that there will be a shortage of master's degree exemptions. The filing of duplicative or multiple H-1B petitions on behalf of an alien eligible for the master's degree exemption would place employers filing such petitions at an unfair advantage over employers filing only a single petition by increasing the chances that one of the duplicative or multiple petitions would be selected. This problem would be exacerbated were the 20,000 cap to be reached prior to or at the same time as the 65,000 cap, since all petitions not selected in the random selection process for the 20,000 cap would be considered twice—at the time of the random selection for the 20,000 cap and, thereafter, for the 65,000 cap. This would reduce the availability of H-1B numbers for single petition filers. The same problem holds true if employers of aliens subject to the master's degree exemption seek to increase the chances of obtaining an H-1B number by filing concurrent petitions for the same aliens under both the master's degree exemption and the 65,000 cap. In its administration of the 65,000 and 20,000 caps, USCIS must remove any potential for unfairness and ensure that the H-1B petitions filed on behalf of aliens subject to either or both caps have an equal chance of being selected. III. Changes in This Interim Rule A. Final Receipt Date When Cap Numbers Are Used Up Quickly This rule provides that USCIS will include petitions filed on all of those first five business days in the random selection process if USCIS receives a sufficient number of petitions to reach the applicable numerical limit (including limits on exemptions) on any one of the five business days on which USCIS may accept petitions. This will eliminate filing problems resulting from a rush of filings made on the first day on which employers may file petitions for the upcoming fiscal year. *See* revised 8 CFR 214.2(h)(8)(ii)(B). USCIS has determined that a filing period of five business days is sufficient to account for a wider range of mail delivery times offered by the various mail delivery providers available to the public. This rule also provides that, if both the 65,000 and 20,000 caps are reached within the first five business days available for filing H-1B petitions for a given fiscal year, USCIS must first conduct the random selection process for petitions subject to the 20,000 cap on master's degree exemptions before it may begin the random selection process of petitions to be counted towards the 65,000 cap. *See* revised 8 CFR 214.2(h)(8)(ii)(B). After conducting the random selection for petitions subject to the 20,000 cap, USCIS then must add any non-selected petitions to the pool of petitions subject to the 65,000 cap and conduct the random selection process for this combined group of petitions. Therefore, those petitions that otherwise would be eligible for the master's degree exemption that are not selected in the first random selection will have another opportunity to be selected for an H-1B number in the second random selection process. This rule also clarifies that those petitions not selected in either random selection will be rejected. *See id.* B. Elimination of Multiple Filings To ensure the fair and equitable distribution of cap numbers, this rule precludes a petitioner (or its authorized representative) from filing, during the course of any fiscal year, more than one H-1B petition on behalf of the same alien beneficiary if such alien is subject to the 65,000 cap or qualifies for the master's degree exemption. *See* new 8 CFR 214.2(h)(2)(i)(G). This preclusion applies even if the petitions are not duplicative. USCIS recognizes that, by statute, multiple filings of H-1B petitions are contemplated. *See* INA sec. 214(g)(7), 8 U.S.C. 1184(g)(7). Nevertheless, USCIS finds that this rule's preclusion of duplicative H-1B filings is consistent with the statute. Section 214(g)(7) of the INA, 8 U.S.C. 1184(g)(7), states that “[w]here multiple petitions are approved for 1 alien, that alien shall be counted only once.” USCIS interprets this statutory language as applying to an alien who has multiple petitions filed on his or her behalf by more than one employer. Therefore, an alien who will be performing H-1B duties on behalf of two separate petitioners will be counted only once against the cap. USCIS does not believe that the statutory language at section 214(g)(7) of the INA, 8 U.S.C. 1184(g)(7), was intended to allow a single employer to file multiple H-1B petitions on behalf of the same alien. Such a broad interpretation would undermine the purpose of the H-1B numerical cap since multiple filings can result in the misallocation of the total available cap numbers. USCIS recognizes that, on occasion, an employer may extend the same alien two or more job offers for distinct positions and therefore have a legitimate business need to file two or more separate H-1B petitions on behalf of the same alien. This rule precludes this practice if the alien beneficiary is subject to the numerical limitations or qualifies for the master's degree exemption. First, allowing multiple filings by one employer on behalf of the same alien could create a loophole for employers that seek to exploit the random selection process to the competitive disadvantage of other petitioners. Such employers could file multiple petitions on behalf of the same alien under the guise that the petitions are based on different job offers, when the employment positions are in fact the same or only very slightly different. Second, requiring USCIS adjudicators to distinguish between multiple petitions filed by one employer for one alien based on different job offers and duplicative petitions for one alien for the same, single position would require a significant expenditure of limited USCIS adjudicative resources. USCIS could not make such determinations on the face of the petition, but would need to substantively examine and compare the merits of the petition and any other petition filed by the same employer on behalf of the alien. This would defeat the purpose of the random selection process, which is not intended to be a decision on the merits, but instead, an expeditious way for USCIS to determine which petitions are eligible for consideration on the merits. Finally, prohibiting employers from filing multiple petitions on behalf of the same alien should have no impact on the unusual situation where an employer may have the same alien in mind for materially distinct employment positions. Once an alien is allocated an H-1B number based on one petition, the employer is able to file an amended petition or a petition for concurrent employment to reflect the different nature of the duties that are associated with the beneficiary's second employment position. Since the alien would have already been counted against the cap, such amended or additional petition would not be affected by the prohibition on multiple petition filings. *See* INA sec. 214(g)(7), 8 U.S.C. 1184(g)(7). For these reasons, USCIS believes that it must curtail both duplicative and multiple petition filings by the same employer in order to prevent future fairness problems similar to those USCIS experienced with its administration of the FY 2008 random selection process for the 65,000 cap. Accordingly, this rule provides that USCIS will deny all the petitions filed by an employer (or authorized representative) for the same fiscal year with respect to the same alien subject to the 65,000 or 20,000 caps. *See* new 8 CFR 214.2(h)(2)(i)(G). In cases where USCIS does not discover that duplicative or multiple petitions were filed until after approving them, this rule also provides that USCIS may revoke all such petitions if they were approved after this rule becomes effective. *Id.* This rule does not, however, preclude related employers from filing petitions on behalf of the same alien. USCIS recognizes that an employer and one or more related entities (such as a parent, subsidiary or affiliate) may extend the same alien two or more job offers for distinct positions and therefore have a legitimate business need to file two or more separate H-1B petitions on behalf of the same alien. For example, a Fortune 500 company may be the parent company of numerous U.S.-based subsidiaries whose business is to engage in either the food, beverage or snack industries. Each line of business may, in turn, be divided into several business units and operate distinct companies (restaurant, bottled beverage plant, cereal manufacturer, etc) with different EIN numbers, addresses, etc. Although all the subsidiaries are ultimately related to the parent company through corporate ownership, this rule does not prohibit different subsidiaries from filing one H-1B petition each on behalf of the same alien so long as each employer/subsidiary has a legitimate business need to hire such alien for a position within that subsidiaries' corporate structure. Thus, in this example, if the bottled beverage plant owned by the Fortune 500 company and the cereal manufacturing company owned by the same Fortune 500 company are each in need of the services of a Chief Financial Officer, both may file one petition each on behalf of the same alien. A subsidiary should not file an H-1B petition for an alien just to increase the alien's chances of being selected for an H-1B number where that subsidiary has no legitimate need to employ the alien and is, instead, only filing a petition to facilitate the alien's hiring by a different, although related, subsidiary. USCIS may issue a request for additional evidence or notice of intent to deny, or notice of intent to revoke for any or each petition if it determines that the employer and related entity(ies) filed a duplicate petition as defined in this regulation. *See* 8 CFR parts 103 and 214.2(h)(11). The burden rests with the employer to establish that it has a legitimate business need to file more than one H-1B petition on behalf of the same alien. If the employer does not meet its burden, USCIS may deny or revoke each petition, as appropriate. Without such authority, a loophole would exist for related employers to file multiple petitions on behalf of the same alien under the guise that the petitions are based on different job offers, when the true purpose of filing the petitions is to secure employment for the alien with a single employer seeking his or her services. As an example, one target of this provision is the unscrupulous employer that establishes or uses shell subsidiaries or affiliates to file additional petitions on behalf of the same alien in order to increase the alien's chances of being allotted an H-1B number. USCIS believes that these consequences are warranted in order to deter unfair filing practices and further ensure the integrity of the H-1B cap counting process. To date, USCIS has identified the problems resulting from multiple filings only in the context of H-1B petitions. For this reason, this rule limits the bar on multiple petition filings to H-1B petitions. C. Denial of Petitions After Cap Numbers Are Used Over the past few years, USCIS has received a significant number of petitions that claim to be exempt from the 65,000 cap, but are determined after the final receipt date or after all cap numbers have been used to be subject to the cap. The current regulations do not specifically address treatment of such petitions. This rule amends the regulations to clarify that such petitions will be denied rather than rejected. See revised 8 CFR 214.2(h)(8)(ii)(B) and (D). USCIS has determined that denial of these petitions is appropriate because USCIS must adjudicate them in order to make a determination on whether the alien beneficiary is subject to the numerical cap. USCIS only rejects filings before an adjudication takes place. See 8 CFR 103.2(a)(7). Because USCIS must adjudicate these petitions, it will not return the petition and refund the filing fee. D. Technical Changes 1. Removal of References To Cap Numbers This rule revises 8 CFR 214.2(h)(8)(i)(A) to remove specific references to the H-1B numerical cap. The revised paragraph now generally refers to the numerical limitations set forth in section 214(g)(1) of the INA, 8 U.S.C. 1184(g)(1). USCIS has determined that specifying the cap numbers in the regulations is not necessary and may cause confusion in the future should Congress change the INA. 2. Inclusion of 20,000 Cap This rule revises 8 CFR 214.2(h)(8)(ii)(B) to clarify that the random selection process applies to the administration of the 20,000 cap on master's degree exemptions. The current provision generally refers to “numerical limitations,” “the numerical limit,” or “cap.” To maintain consistent terminology, this rule also replaces references in 8 CFR 214.2(h)(8)(ii)(B) and

(D)to the “cap” with the statutory term, “numerical limitations.” IV. Regulatory Requirements A. Administrative Procedure Act This final rule addresses requirements that are procedural in nature and does not alter the substantive rights of applicants or petitioners for immigration benefits. Accordingly, this final rule is exempt from the notice and comment requirements under the Administrative Procedure Act

(APA)at 5 U.S.C. 553(b)(A). This rule does not change the eligibility rules governing any immigration benefit. It will not confer rights or obligations upon any party. This rule clarifies existing USCIS regulations and modifies the filing requirements for petitioners submitting H-1B petitions. In addition, USCIS believes that good cause exists to implement this change effective immediately upon publication in the **Federal Register** as an interim final rule without first providing notice and the opportunity for public comment. The APA provides that an agency may dispense with notice and comment rulemaking procedures when an agency, for “good cause,” finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” *See* 5 U.S.C. 553(b)(B). The exception excuses notice and comment, in emergency situations, or where “the delay created by the notice and comment requirements would result in serious damage to important interests.” *Woods Psychiatric Institute* v. *United States,* 20 Cl. Ct. 324, 333 (Cl. Ct. 1990) *aff'd* 925 F.2d 1454 (Fed. Cir. 1991); *also National Fed'n of Fed. Employees* v. *National Treasury Employees Union,* 671 F.2d 607, 611(D.C. Cir. 1982). This rule is necessary to preclude the potential for abuse by those petitioners who might seek an unfair advantage in obtaining one of the limited number of H-1B petition approvals. As discussed above, last year was the first year that the 65,000 H-1B cap was reached on the same day that petitioners could begin to file petitions. USCIS believes that the practice of filing multiple petitions in an effort to exploit the random selection process has become more wide-spread over the past year as fears are raised that the 65,000 H-1B cap and 20,000 cap on master's degree exemptions for FY 2009 will be reached on April 1, 2008. Delay in issuing this regulation to consider public comment, would not allow USCIS to ameliorate the problem by removing this loophole in time for the April 1, 2008 filing start date. This would adversely impact a large number of companies, in particular smaller businesses that cannot afford to pay multiple petition fees to secure an H-1B visa for their employees. Accordingly, USCIS is implementing these amendments as an interim rule effective immediately upon publication in the **Federal Register** . USCIS nevertheless invites comments on this rule and will consider all timely comments in the preparation of a final rule. B. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)(5 U.S.C. 603(b)), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996 (SBREFA), requires an agency to prepare and make available to the public a regulatory flexibility analysis that describes the effect of a proposed rule on small entities (i.e., small businesses, small organizations, and small governmental jurisdictions) when the agency is required “to publish a general notice of proposed rulemaking for any proposed rule.” Because this rule is being issued as an interim rule, on the grounds set forth above, a regulatory flexibility analysis is not required under the RFA. C. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. D. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. E. Executive Order 12866 (Regulatory Planning and Review) This rule has been designated as a “significant regulatory action” by the Office of Management and Budget

(OMB)under Executive Order 12866, section 3(f), Regulatory Planning and Review. Accordingly, an analysis of the economic impacts of this rule has been prepared and submitted to the Office of Management and Budget

(OMB)for review. This rule imposes no additional costs on the public, or any regulated entity that is subject to its provisions. This rule does not preclude any petitioner from filing a legitimate petition, only the filing of the same petition more than once. The race to meet the filing date of each fiscal year has become a ritual for H-1B petitioners and USCIS expects the 65,000 and 20,000 maximums to be met easily every year. Thus, the volume of applications and fee income are not expected to change from current levels. This rule may result in a fee being collected instead of returned if the prohibition against duplicate petitions is violated, because while in 2007 only the duplicate petition was denied if the first one adjudicated was approved, this rule provides that both petitions will be denied. Nonetheless, all employers and employees that are the subject of a timely filing will have the same chance as all others for their petition to be selected for processing. This rule does not change that. Hence, this rule will benefit both petitioners and alien beneficiaries by making sure that all petitioners have an equal chance to have their petition considered. A copy of the complete analysis is available in the rulemaking docket for this rule at *www.regulations.gov* , under Docket No. USCIS-2007-0060, or by calling the information contact listed above. F. Executive Order 13132 (Federalism) This rule would have no 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 the various levels of government. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. G. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995, Public Law 104-13, all Departments are required to submit to the Office of Management and Budget (OMB), for review and approval, any reporting requirements inherent in a rule. This rule does not impose any new reporting or record-keeping requirements under the Paperwork Reduction Act. List of Subjects in 8 CFR Part 214 Administrative practice and procedure, Aliens, Employment, Foreign Officials, Health Professions, Reporting and recordkeeping requirements, Students. Accordingly, part 214 of chapter I of title 8 of the Code of Federal Regulations is amended as follows: PART 214—NONIMMIGRANT CLASSES 1. The authority citation for part 214 continues to read as follows: Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat. 1477-1480; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note, and 1931 note, respectively; 8 CFR part 2. 2. Section 214.2 is amended by: a. Adding new paragraph (h)(2)(i)(G); b. Revising paragraph (h)(8)(i)(A); c. Revising paragraph (h)(8)(ii)(B); and by d. Revising paragraph (h)(8)(ii)(D). The addition and revisions read as follows: § 214.2 Special requirements for admission, extension, and maintenance of status.

(h)* * *

(2)* * *

(i)* * *

(G)*Multiple H-1B petitions.* An employer may not file, in the same fiscal year, more than one H-1B petition on behalf of the same alien if the alien is subject to the numerical limitations of section 214(g)(1)(A) of the Act or is exempt from those limitations under section 214(g)(5)(C) of the Act. If an H-1B petition is denied, on a basis other than fraud or misrepresentation, the employer may file a subsequent H-1B petition on behalf of the same alien in the same fiscal year, provided that the numerical limitation has not been reached or if the filing qualifies as exempt from the numerical limitation. Otherwise, filing more than one H-1B petition by an employer on behalf of the same alien in the same fiscal year will result in the denial or revocation of all such petitions. If USCIS believes that related entities (such as a parent company, subsidiary, or affiliate) may not have a legitimate business need to file more than one H-1B petition on behalf of the same alien subject to the numerical limitations of section 214(g)(1)(A) of the Act or otherwise eligible for an exemption under section 214(g)(5)(C) of the Act, USCIS may issue a request for additional evidence or notice of intent to deny, or notice of intent to revoke each petition. If any of the related entities fail to demonstrate a legitimate business need to file an H-1B petition on behalf of the same alien, all petitions filed on that alien's behalf by the related entities will be denied or revoked.

(8)* * *

(i)* * *

(A)Aliens classified as H-1B nonimmigrants, excluding those involved in Department of Defense research and development projects or coproduction projects, may not exceed the limits identified in section 214(g)(1)(A) of the Act.

(ii)* * *

(B)When calculating the numerical limitations or the number of exemptions under section 214(g)(5)(C) of the Act for a given fiscal year, USCIS will make numbers available to petitions in the order in which the petitions are filed. USCIS will make projections of the number of petitions necessary to achieve the numerical limit of approvals, taking into account historical data related to approvals, denials, revocations, and other relevant factors. USCIS will monitor the number of petitions (including the number of beneficiaries requested when necessary) received and will notify the public of the date that USCIS has received the necessary number of petitions (the “final receipt date”). The day the news is published will not control the final receipt date. When necessary to ensure the fair and orderly allocation of numbers in a particular classification subject to a numerical limitation or the exemption under section 214(g)(5)(C) of the Act, USCIS may randomly select from among the petitions received on the final receipt date the remaining number of petitions deemed necessary to generate the numerical limit of approvals. This random selection will be made via computer-generated selection as validated by the Office of Immigration Statistics. Petitions subject to a numerical limitation not randomly selected or that were received after the final receipt date will be rejected. Petitions filed on behalf of aliens otherwise eligible for the exemption under section 214(g)(5)(C) of the Act not randomly selected or that were received after the final receipt date will be rejected if the numerical limitation under 214(g)(1) of the Act has been reached for that fiscal year. Petitions indicating that they are exempt from the numerical limitation but that are determined by USCIS after the final receipt date to be subject to the numerical limit will be denied and filing fees will not be returned or refunded. If the final receipt date is any of the first five business days on which petitions subject to the applicable numerical limit may be received (i.e., if the numerical limit is reached on any one of the first five business days that filings can be made), USCIS will randomly apply all of the numbers among the petitions received on any of those five business days, conducting the random selection among the petitions subject to the exemption under section 214(g)(5)(C) of the Act first.

(D)If the total numbers available in a fiscal year are used, new petitions and the accompanying fee shall be rejected and returned with a notice that numbers are unavailable for the particular nonimmigrant classification until the beginning of the next fiscal year. Petitions received after the total numbers available in a fiscal year are used stating that the alien beneficiaries are exempt from the numerical limitation will be denied and filing fees will not be returned or refunded if USCIS later determines that such beneficiaries are subject to the numerical limitation. Dated: March 18, 2008. Michael Chertoff, *Secretary.* [FR Doc. E8-5906 Filed 3-21-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28229; Directorate Identifier 2006-SW-23-AD; Amendment 39-15434; AD 2008-06-22] RIN 2120-AA64 Airworthiness Directives; Eurocopter France Model EC130 B4 Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive

(AD)for the specified Eurocopter France (Eurocopter) Model EC 130 B4 helicopters, with certain twist grip assemblies installed, that requires inspecting the pilot and co-pilot collective levers for proper bonding between the twist grip drive tubes and the control pinions and if debonding is present, replacing the collective levers before further flight. This amendment is prompted by one incident in which the engine remained at idle speed although the twist grip had been turned to the flight position. The actions specified by this AD are intended to detect debonding between the twist grip drive tubes and the control pinions on the pilot and co-pilot collective levers to prevent loss of cockpit throttle control of the engine, and subsequent loss of control of the helicopter. DATES: Effective April 28, 2008. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 28, 2008. ADDRESSES: 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 Docket:* You may examine the docket that contains this AD, any comments, and other information on the Internet at *http://www.regulations.gov* or at the Docket Operations office, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5355, fax

(817)222-5961. SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to include an AD for the specified model helicopters was published in the **Federal Register** on May 21, 2007 (72 FR 28456). That action proposed to require, within 110 hours time-in-service

(TIS)or 4 months, whichever occurs first, or before installing a collective lever with an affected grip assembly on a helicopter, inspecting the bonding between the twist grip drive tube and the control pinion on both the pilot and co-pilot collective lever. If debonding is present, replacing the collective lever before further flight was proposed. The European Aviation Safety Agency

(EASA)notified us that an unsafe condition may exist on Eurocopter Model EC 130 B4 helicopters, with a twist grip assembly, part number (P/N) 350A27520900, 350A27520901, 350A27520902, or 350A27520903, with a serial number below 64, installed on the pilot's side, and a twist grip assembly, P/N 350A27521201, with a serial number below 67, installed on the co-pilot's side. EASA advises that analysis of an incident that occurred during autorotation training revealed a failure of the twist grip drive tube and control pinion bonded attachment. The engine remained at idle speed although the twist grip had been turned back to the flight position. The autorotation procedure continued to the ground without damage to the helicopter. The failure has been attributed to non-compliant surface preparation during manufacture. Eurocopter, an EADS Company, has issued Alert Service Bulletin EC130 No. 76A001, dated February 10, 2006, which specifies a check by use of a twist grip adjusting gauge of the bonding between the twist grip drive tube and the control pinion on both the pilot and co-pilot collective lever. EASA classified this service bulletin as mandatory and issued AD No. 2006-0079, dated April 3, 2006, to ensure the continued airworthiness of these helicopters in France. This helicopter model is manufactured in France and is type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, France, through the EASA, has kept the FAA informed of the situation described above. The FAA has examined the findings of the EASA, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed. The FAA estimates that this AD will affect 73 helicopters of U.S. registry. The debonding inspection will take approximately 0.25 work hours per helicopter and replacing a collective lever will take approximately 2 work hours at an average labor rate of $80 per work hour. If replacement is necessary, required parts will cost approximately: • $8,651 for a co-pilot twist grip assembly, part number (P/N) 350A27521201; • $12,542 for a pilot twist grip assembly, P/N 350A27520903; • $5 for a clamp, P/N ASNA0021; • $2 for a bolt, P/N 22125BC050014L; and • $1 for a nut, P/N 22431BC050L. Based on these figures, we estimate the total cost impact of this AD on U.S. operators to be $10,271, assuming one co-pilot twist grip assembly is replaced in one helicopter, that the twist grip adjusting gage

(tool)and spring scale needed are on-site and available, and that the co-pilot twist grip assembly is not covered by warranty, and no pilot twist grip assembly will need to be replaced. The manufacturer has indicated that parts are covered by warranty up to 1,000 hours or 2 years after the purchase of a new helicopter, however, it indicated that labor is not covered by a warranty. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared an economic evaluation of the estimated costs to comply with this AD. See the AD docket to examine the economic evaluation. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **2008-06-22 Eurocopter France:** Amendment 39-15434. Docket No. FAA-2007-28229; Directorate Identifier 2006-SW-23-AD. *Applicability:* Model EC130 B4 helicopters, with a twist grip assembly, part number (P/N) 350A27520900, 350A27520901, 350A27520902, or 350A27520903, with a serial number below 64, installed on the pilot's side, and a twist grip assembly, P/N 350A27521201, with a serial number below 67, installed on the co-pilot's side, certificated in any category. *Compliance:* Required within 110 hours time-in-service

(TIS)or 4 months, whichever occurs first, and before installing a replacement collective lever with an affected twist grip assembly on a helicopter, unless accomplished previously. To detect a reduced bonding strength of the control pinion on the pilot and co-pilot collective lever drive tubes, which could lead to failure of a twist grip drive tube and control pinion bonded attachment, resulting in loss of engine throttle control and subsequent loss of control of the helicopter, accomplish the following:

(a)Inspect the pilot and co-pilot collective levers for proper bonding between the twist grip drive tubes and the control pinions in accordance with paragraphs 2.B.1. and 2.B.2. of the Accomplishment Instructions, in Eurocopter, an EADS Company, Alert Service Bulletin EC130 No. 76A001, dated February 10, 2006, except you are neither required to contact the manufacturer nor return a non-compliant collective lever.

(b)If a twist grip turns when applying the 35N load to the twist grip, before further flight, replace the collective lever with an airworthy collective lever that has been inspected in accordance with paragraph

(a)of this AD, or a collective lever with a twist grip assembly that is not listed in the Applicability of this AD.

(c)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Safety Management Group, ATTN: Ed Cuevas, Aviation Safety Engineer, Rotorcraft Directorate, FAA, Fort Worth, Texas 76193-0111, telephone

(817)222-5355, fax

(817)222-5961, for information about previously approved alternative methods of compliance.

(d)The inspection and replacement, if necessary, shall be done in accordance with the specified portions of Eurocopter, an EADS Company, Alert Service Bulletin EC130 No. 76A001, dated February 10, 2006. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone

(972)641-3460, fax

(972)641-3527. Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* .

(e)This amendment becomes effective on April 28, 2008. Note: The subject of this AD is addressed in EASA (France) AD 2006-0079, dated April 3, 2006. Issued in Fort Worth, Texas, on March 10, 2008. Mark R. Schilling, Acting Manager, Rotocraft Directorate, Aircraft Certification Service. [FR Doc. E8-5494 Filed 3-21-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0303; Directorate Identifier 2008-NM-047-AD; Amendment 39-15441; AD 2008-06-29] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for all Boeing Model 737-300, -400, and -500 series airplanes. This AD requires repetitive inspections of the downstop assemblies on the main tracks of the No. 2, 3, 4, and 5 slats and the inboard track of the No. 1 and 6 slats to verify if any parts are missing, damaged, or in the wrong order. This AD also requires other specified actions, and related investigative and corrective actions if necessary. This AD results from reports of fuel leaking from a puncture in the slat track housing (referred to as the “slat can”). We are issuing this AD to detect and correct loose or missing parts from the main slat track downstop assemblies, which could puncture the slat can and result in a fuel leak and consequent fire. DATES: This AD is effective April 8, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 8, 2008. We must receive comments on this AD by May 23, 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. For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6440; fax

(425)917-6590. SUPPLEMENTARY INFORMATION; Discussion Boeing has notified us that it has received numerous reports of fuel leaking from the slat track housing (referred to as the “slat can”) on Boeing Model 737-300, -400, and -500 series airplanes. In all cases, there were no reports of a fire as a result of the fuel leaks on these airplane models. In some of the reports, the fuel leak was caused by loose or broken parts falling off the downstop assembly into the slat can, which were then subsequently driven into the slat can by the retracting slat track. This condition, if not corrected, could puncture the slat can and result in a fuel leak and consequent fire. Other Related Rulemaking On August 28, 2007, we issued emergency AD 2007-18-52, amendment 39-15197, to address the same unsafe condition on all Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. That AD was published in the **Federal Register** on September 21, 2007 (72 FR 53928). That AD requires repetitive detailed inspections of the slat track downstop assemblies to verify that proper hardware is installed, one-time torquing of the nut and bolt, and corrective actions if necessary. That AD resulted from reports of parts coming off the main slat track downstop assemblies and a resultant fire. That AD was issued to detect and correct loose or missing parts from the main slat track downstop assemblies, which could result in a fuel leak and consequent fire. Because the main slat track downstop assemblies of Model 737 airplanes are similar in design to those of other Boeing airplane models, we have been working with the manufacturer to evaluate its remaining airplane models to determine if a similar unsafe condition exists on them. As a result, we may consider additional rulemaking as those evaluations are completed. Relevant Service Information We reviewed Boeing Alert Service Bulletin 737-57A1301, dated February 5, 2008. The service bulletin describes procedures for doing repetitive detailed inspections of the downstop assemblies on the main tracks of the No. 2, 3, 4, and 5 slats and the inboard track of the No. 1 and 6 slats to verify if any parts are missing, damaged, or in the wrong order. The service bulletin specifies that the downstop assembly may be inspected using a borescope. The service bulletin also describes procedures for doing other specified actions, and doing related investigative and corrective actions if necessary. The other specified actions include a one-time torquing of the nut of the downstop assembly and a detailed inspection of the bolt to verify that the entire chamfered portion of the bolt protrudes beyond the outer surface of the nut. The related investigative action is a detailed inspection of the inside of the slat can for loose parts and damage to the wall of the slat can, which is done if any downstop assembly part is missing or damaged. The corrective actions include the following: • Removing any loose downstop assembly part found in the slat can. • Replacing any damaged slat can, or contacting Boeing for repair information. • Replacing any missing or damaged downstop assembly part with a new or serviceable part. • Removing and reinstalling the downstop assembly if any downstop assembly parts are in the wrong order, or if the entire chamfered portion of the bolt does not protrude beyond the outer surface of the nut after it is torqued. The service bulletin specifies doing the initial inspection within 90 days and repeating the inspection thereafter at intervals not to exceed 4,500 flight cycles. The service bulletin specifies doing the other specified actions within 90 days. The service bulletin specifies doing the related investigative and corrective actions before further flight after certain findings. FAA's Determination and Requirements of This AD We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the(se) same type design(s). This AD requires accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between the AD and Service Bulletin.” Differences Between the AD and Service Bulletin For airplanes on which any downstop assembly part is missing or damaged, the service bulletin specifies doing a related investigative action—i.e., a detailed inspection of the inside of the slat can for loose parts and damage to the wall of the slat can. However, this AD allows operators to accomplish a borescope inspection of the inside of the slat can instead of a detailed inspection. We have coordinated this difference with Boeing. The service bulletin specifies to contact the manufacturer for instructions on how to repair certain conditions, but this AD would require repairing those conditions in one of the following ways: • Using a method that we approve; or • Using data that meet the certification basis of the airplane, and that have been approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization whom we have authorized to make those findings. Clarification of Slat Can Replacement Paragraph 3.B.5.a.(2) of the Accomplishment Instructions of the service bulletin specifies to either replace any damaged slat can or contact Boeing for repair information if any damaged slat can is found. Paragraph (f)(3) of this AD specifies, in part, that if an operator chooses to replace the damaged slat can instead of contacting Boeing for repair information, the damaged slat can must be replaced with a new slat can having the same part number. Interim Action We consider this AD interim action. The manufacturer is currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, we might consider additional rulemaking. FAA's Justification and Determination of the Effective Date Loose or missing parts from the main slat track downstop assemblies could puncture the slat can and result in a fuel leak and consequent fire. Because of our requirement to promote safe flight of civil aircraft and thus, the critical need to assure the structural integrity of the main slat track downstop assemblies and the short compliance time involved with this action, this AD must be issued immediately. Because an unsafe condition exists that requires the immediate adoption of this AD, we find that notice and opportunity for prior public comment hereon are impracticable and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0303; Directorate Identifier 2008-NM-047-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 This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2008-06-29 Boeing:** Amendment 39-15441. Docket No. FAA-2008-0303; Directorate Identifier 2008-NM-047-AD. Effective Date

(a)This airworthiness directive

(AD)is effective April 8, 2008. Affected ADs

(b)None. Applicability

(c)This AD applies to all Boeing Model 737-300, -400, and -500 series airplanes, certificated in any category. Unsafe Condition

(d)This AD results from reports of fuel leaking from a puncture in the slat track housing (referred to as “slat can”). We are issuing this AD to detect and correct loose or missing parts from the main slat track downstop assemblies, which could puncture the slat can and result in a fuel leak and consequent fire. Compliance

(e)Comply with this AD within the compliance times specified, unless already done. Repetitive Inspections and Corrective Actions

(f)At the applicable time specified in Table 1 of paragraph 1.E. of Boeing Alert Service Bulletin 737-57A1301, dated February 5, 2008, except as provided by paragraph (f)(1) of this AD: Do a detailed inspection or borescope inspection of the downstop assemblies on the main tracks of the No. 2, 3, 4, and 5 slats and the inboard track of the No. 1 and 6 slats to verify if any parts are missing, damaged, or in the wrong order; and do all the other specified, related investigative, and corrective actions as applicable; by accomplishing all of the applicable actions specified in the Accomplishment Instructions of the service bulletin, except as provided by paragraphs (f)(2) and (f)(3) of this AD. Repeat the inspection thereafter at the applicable interval specified in Table 1 of paragraph 1.E. of the service bulletin. Do all applicable related investigative and corrective actions before further flight.

(1)Where the service bulletin specifies counting the compliance time from “* * * the date on the service bulletin,” this AD requires counting the compliance time from the effective date of this AD.

(2)For airplanes on which any downstop assembly part is missing or damaged, a borescope inspection of the inside of the slat can for loose parts and damage to the wall of the slat can may be accomplished in lieu of the detailed inspection of the inside of the slat can that is specified in the service bulletin.

(3)If any damaged slat can is found during any inspection required by this AD: Before further flight, either replace the slat can with a new slat can having the same part number or repair the slat can using a method approved in accordance with the procedures specified in paragraph

(g)of this AD. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, Attn: Nancy Marsh, Aerospace Engineer, Airframe Branch, ANM-120S, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6440; fax

(425)917-6590; has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector

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

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

(h)You must use Boeing Alert Service Bulletin 737-57A1301, dated February 5, 2008, to do the actions required by this AD, unless the AD specifies otherwise.

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

(2)For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

(3)You may review copies of the service information incorporated by reference at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Issued in Renton, Washington, on March 11, 2008. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-5702 Filed 3-21-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28370; Directorate Identifier 2003-NM-239-AD; Amendment 39-15439; AD 2008-06-27] RIN 2120-AA64 Airworthiness Directives; Goodrich Evacuation Systems Approved Under Technical Standard Orders

(TSOs)TSO-C69, TSO-C69a, TSO-C69b, and TSO-C69c, Installed on Various Boeing, McDonnell Douglas, and Airbus Transport Category Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for certain Goodrich evacuation systems approved under Technical Standard Orders

(TSOs)TSO-C69, TSO-C69a, TSO-C69b, and TSO-C69c, installed on certain Boeing, McDonnell Douglas, and Airbus transport category airplanes. For certain systems, this AD requires replacing the evacuation system's shear-pin restraints with new ones. For certain other systems, this AD requires an inspection for manufacturing lot numbers; and a general visual inspection of the shear-pin restraint for discrepancies, and corrective actions if necessary. This AD results from several reports of corroded shear-pin restraints that prevented Goodrich evacuation systems from deploying properly. We are issuing this AD to prevent failure of an evacuation system, which could impede an emergency evacuation and increase the chance of injury to passengers and flightcrew during the evacuation. DATES: This AD is effective April 28, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 28, 2008. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of March 11, 2008 (73 FR 6586, February 5, 2008). ADDRESSES: For service information identified in this AD, contact Goodrich, Aircraft Interior Products, ATTN: Technical Publications, 3414 South Fifth Street, Phoenix, AZ 85040-1169. Examining the AD Docket You may examine the AD docket on the Internet at * http:// www.regulations.gov; * or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Tracy Ton, Aerospace Engineer, Cabin Safety/Mechanical and Environmental Systems Branch, ANM-150L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5352; fax

(562)627-5210. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an airworthiness directive

(AD)that would apply to certain Goodrich evacuation systems approved under Technical Standard Orders

(TSOs)TSO-C69, TSO-C69a, TSO-C69b, and TSO-C69c, installed on certain Boeing, McDonnell Douglas, and Airbus transport category airplanes. That NPRM was published in the **Federal Register** on June 8, 2007 (72 FR 31761). For certain systems, that NPRM proposed to require replacing the evacuation systems shear-pin restraints with new ones. For certain other systems, that NPRM proposed to require an inspection for manufacturing lot numbers; and a general visual inspection of the shear-pin restraint for discrepancies, and corrective actions if necessary. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received from the 5 commenters. Supportive Comments Air Line Pilots Association, International (ALPA), and Air Transport Association (ATA), on behalf of its member Continental Airlines, support the intent of the rule. Continental states that it has captured Goodrich Service Bulletin 25-343 on a total of 969 slide assemblies since the service bulletin's October 2003 release. Request To Combine Two AD Actions Into One AD Action ATA, on behalf of its member United Airlines, notes that this NPRM is similar to NPRM 2005-NM-139-AD (AD 2008-03-05, amendment 39-15354 (73 FR 6586, February 5, 2008)). United requests that this AD action be incorporated into NPRM 2005-NM-139-AD. We do not agree with the commenter's request. While the evacuation slides affected by this AD and AD 2008-03-05 are identified in the same service bulletin and have the same unsafe condition, the individual evacuation slides were approved under different certification processes. This AD affects certain evacuation slides that were approved under a TSO that specified certain requirements for evacuation slides. AD 2008-03-05 affects airplanes that had certain other evacuation slides approved as part of a type certificate. The TSO approval process specifies the airplane model(s) on which a specific evacuation slide can be installed. These two approval processes affect how we issue ADs. We have not changed this AD or AD 2008-03-05 in this regard. Request To Extend Compliance Times ATA, on behalf of its member United Airlines, requests that the compliance times be extended from 18 months after the effective date of the AD for Model 767 airplane off-wing evacuation systems and 36 months after the effective date of the AD for the other evacuation systems to 36 and 48 months respectively. The commenters state that extended compliance times would match routine overhaul cycles, account for parts lead-time, take into consideration the large quantity of affected evacuation systems, and relieve a burden on resources and capacity. We disagree with the request to extend the compliance times. A significant number of affected evacuation systems have already been modified. We have received confirmation from Goodrich that parts are available to support the 18- and 36-month compliance times. In developing an appropriate compliance time for this AD, we considered the manufacturer's recommendation, the degree of urgency associated with the subject unsafe condition, and the average utilization of the affected fleet. In light of all of these factors, we find that a compliance time of 18 months for Goodrich evacuation systems installed on Boeing Model 767 off-wing ramp/slide units and 36 months for all other evacuation systems represents an appropriate interval of time for affected airplanes to continue to operate without compromising safety. We have not changed the AD in this regard. Request To Accept Certain Service Bulletins for Accomplishment ATA, on behalf of its member United Airlines, requests that the FAA accept accomplishment of either Goodrich Service Bulletin 25-343, Revision 1, dated January 31, 2005; or Revision 2, dated October 11, 2006; after the effective date of the AD. The commenters explain that there are no technical or procedural changes between these revisions and the most recent revision, Revision 3, dated January 12, 2007. We disagree with the request to accept accomplishment of earlier service bulletin revisions after the effective date of the AD. It is our policy to require compliance with the most recent revision of service information. However, in paragraph

(k)of this AD, we provide credit for accomplishment of the earlier service bulletin revisions if done before the effective date of the AD. We have not changed the AD in this regard. Request To Refer to Current Service Bulletins as Acceptable for Credit Goodrich, the evacuation slide manufacturer, requests that we give credit for accomplishing paragraph

(h)of this AD to airlines/overhaul shops that might have accomplished Revision 3 of Goodrich Service Bulletin 25-343, dated January 12, 2007; and Revision 2 of Goodrich Service Bulletin 25-344, dated October 11, 2006; before the effective date of this AD. Goodrich states that “The wording of paragraph

(k)does not clearly provide credit for actions done in compliance with 25-343, revision 3, and 25-344, revision 2, unless it occurs ‘after the effective date of this AD'.” We infer that Goodrich interprets the text of paragraph

(k)of the AD to mean that operators that have accomplished Revision 3 of Goodrich Service Bulletin 25-343 or Revision 2 of Goodrich Service Bulletin 25-344 before the effective date would be required to accomplish those actions again after the effective date to comply with this AD. We find that clarification is necessary. Paragraph

(e)of this AD states that the actions must be done as specified in the AD “unless the actions have already been done,” so it is not necessary to repeat this information in paragraph

(k)of the AD. We refer to Goodrich Service Bulletin 25-343, Revision 3, dated January 12, 2007; and Goodrich Service Bulletin 25-344, Revision 2, dated October 11, 2006; as the sources of service information for accomplishing the requirements of paragraph

(h)of this AD. Accomplishing the requirements of this AD in accordance with these service bulletins before the effective date of the AD is acceptable for compliance with this AD. We have not changed the AD in this regard. Request To Allow Other Methods of Recording Compliance ATA, on behalf of its member United Airlines, states that the Accomplishment Instructions of Goodrich Service Bulletin 25-343 instruct the operator to record service bulletin compliance on the system information card. United requests that the method of recording compliance on the card be made optional, as operators have alternative means to record compliance and the system information card might not be available. We infer that the commenters want us to revise the AD to allow different methods of recording compliance with the service bulletin. We agree with the request to revise the AD. We have revised paragraph

(h)of this AD to specify that recording compliance with the service bulletin in accordance with the service bulletin instructions is not required by this AD. Operators may record service bulletin compliance whichever way their applicable record-keeping system specifies. However, recording compliance with the AD is still required. Recording AD compliance is accomplished in a maintenance log, on job/task cards, or some other method approved by the operator's principal inspector or local flight standards district office. We have not changed the AD in this regard. Request To Reverse Order of Sub-Paragraphs Goodrich requests that we reverse the sequence of paragraphs (f)(1) and (f)(2) of the NPRM so that the references to Tables 1 and 2 of the AD are called out first before Table 3. We agree with the commenter's request. Revising the sequence of the paragraphs to match the sequence of the tables will reduce confusion. We have changed paragraphs (f)(1) and (f)(2) of this AD as requested. Clarification of Alternative Method of Compliance

(AMOC)Paragraph We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We also determined that this change will not increase the economic burden on any operator or increase the scope of the AD. Costs of Compliance This AD affects certain Goodrich evacuation systems installed on about 2,844 airplanes worldwide. This AD affects about 1,240 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per slide unit Number of slide units per airplane Fleet cost Replacement Between 2 and 9 $80 Between $58 and $638, depending on number of restraints Between $218 and $1,358 Between 2 and 12 Between $540,640 and $20,207,040. Inspection Between 2 and 9 80 None Between $160 and $720 Between 2 and 12 Between $396,800 and $10,713,600. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2008-06-27 Goodrich (Formerly BFGoodrich):** Amendment 39-15439. Docket No. FAA-2007-28370; Directorate Identifier 2003-NM-239-AD. Effective Date

(a)This airworthiness directive

(AD)is effective April 28, 2008. Affected ADs

(b)None. Applicability

(c)This AD applies to:

(1)Goodrich evacuation systems approved under Technical Standard Orders

(TSOs)TSO-C69, TSO-C69a, and TSO-C69b, installed on certain Boeing airplanes, certificated in any category, as listed in Table 1 of this AD;

(2)Goodrich evacuation systems approved under TSOs TSO-C69, TSO-C69a, and TSO-C69b, installed on certain McDonnell Douglas airplanes, certificated in any category, as listed in Table 2 of this AD; and

(3)Goodrich evacuation systems approved under TSOs TSO-C69a, TSO-C69b, and TSO-C69c, installed on certain Airbus airplanes, certificated in any category, as listed in Table 3 of this AD. Table 1.—Goodrich Evacuation Systems Installed on Certain Boeing Model Airplanes Goodrich evacuation systems having part number (P/N)— Having any serial number (S/N)— Component/part is named— Installed on Boeing Model—

(i)101623-303 PB0400 through PB0453 inclusive Slide, forward/aft door 767-200 and -300 series airplanes.

(ii)101630-305 PG0276 through PG0309 inclusive Ramp/Slide, off-wing, left-hand

(LH)side 767-200 and -300 series airplanes.

(iii)101630-306 PC0264 through PC0368 inclusive Ramp/Slide, off-wing, right-hand

(RH)side 767-200 and -300 series airplanes.

(iv)101655-305 PK0161 through PK0212 inclusive Ramp/Slide, off-wing, LH side 767-200 and -300 series airplanes.

(v)101655-306 PF0164 through PF0220 inclusive Ramp/Slide, off-wing, RH side 767-200 and -300 series airplanes.

(vi)101656-305 PH0300 through PH0390 inclusive Ramp/Slide, off-wing, LH side 767-200 and -300 series airplanes.

(vii)101656-306 PD0294 through PD0378 inclusive Ramp/Slide, off-wing, RH side 767-200 and -300 series airplanes.

(viii)101658-101 and 101658-103 PAK137 through PAK150 inclusive Slide, forward door 737-200 series airplanes.

(ix)101659-101 through 101659-205 inclusive PAL671 through PAL738 inclusive Slide, aft door 737-200, -300, -400, and -500 series airplanes.

(x)101660-101 through 101660-107 inclusive PAB611 through PAB649 inclusive Slide, forward door 737-300, -400, and -500 series airplanes.

(xi)5A3086-3 and 5A3086-301 B3F315 through B3F611 inclusive Slide, forward door 737-600, -700, -700C, -800, and -900 series airplanes.

(xii)5A3088-3 and 5A3088-301 B3A338 through B3A685 inclusive Slide, aft door 737-600, -700, -700C, -800, and -900 series airplanes.

(xiii)5A3109-1 Odd S/Ns ST0015 through ST0131 Ramp/Slide, off-wing, LH side 777-300 and -300ER series airplanes.

(xiv)5A3109-2 Even S/Ns ST0014 through ST0128 Ramp/Slide, off-wing, RH side 777-300 and -300ER series airplanes.

(xv)5A3294-1 and 5A3294-2 SS0001 through SS0210 inclusive Slide/Raft, door 2 767-300 and -400ER series airplanes.

(xvi)5A3295-1 and 5A3295-3 SF0001 through SF0501 inclusive Slide/Raft, doors 1 and 4 767-200, -300, and -400ER series airplanes.

(xvii)5A3307-1 through 5A3307-5 inclusive and 5A3307-301 BNG0213 through BNG4911 inclusive Slide, forward/aft door 737-600, -700, -700C, -800, and -900 series airplanes. (xviii) 7A1323-111 through 7A1323-114 inclusive GS1340 through GS1879 inclusive Slide, stretched upper deck 747-100B SUD, -300, -400, and -400D series airplanes.

(xix)7A1394-4 and 7A1394-6 GV0214 through GV0249 inclusive Slide/Raft, forward/aft doors 767-200 and -300 series airplanes.

(xx)7A1418-21 and 7A1418-23 Odd S/Ns GT1591 through GT1857 Ramp/Slide, off-wing door 3, LH side 747-100, -100B, -100B SUD, -200B, -200C, -300, -400, -400D, and 747SR series airplanes.

(xxi)7A1418-22 and 7A1418-24 Even S/Ns GT1576 through GT1830 Ramp/Slide, off-wing door 3, RH side 747-100, -100B, -100B SUD, -200B, -200C, -300, -400, -400D, and 747SR series airplanes.

(xxii)7A1447-39 through 7A1447-54 inclusive GW2682 through GW2923 inclusive Slide/Raft, doors1, 2, and 4 747-100, -100B, -100B SUD, -200B, -200C, -300, and 747SR series airplanes. (xxiii) 7A1448-5 through 7A1448-12 inclusive GX1538 through GX1593 inclusive Slide/Raft, door 5 747-100, -100B, -100B SUD, -200B, -200C, -300, and 747SR series airplanes.

(xxiv)7A1467-21 and 7A1467-23 Odd S/Ns GH1969 through GH2443 Slide/Raft, doors 1 and 4, LH side 747-400 and -400D series airplanes.

(xxv)7A1467-22 and 7A1467-24 Even S/Ns GH1954 through GH2420 Slide/Raft, doors 1 and 4, RH side 747-400 and -400D series airplanes.

(xxvi)7A1469-13 Odd S/Ns GJ909 through GJ1163 Slide/Raft, door 5, LH side 747-400 and -400D series airplanes. (xxvii) 7A1469-14 Even S/Ns GJ912 through GJ1150 Slide/Raft, door 5, RH side 747-400 and -400D series airplanes. (xxviii) 7A1479-13 Odd S/Ns GI1019 through GI1265 Slide/Raft, door 2, LH side 747-300, -400, and -400D series airplanes.

(xxix)7A1479-14 Even S/Ns GI1036 through GI1298 Slide/Raft, door 2, RH side 747-300, -400, and -400D series airplanes.

(xxx)7A1489-3 Odd S/Ns GK355 through GK403 Slide/Raft, mid door, LH side 767-300 series airplanes.

(xxxi)7A1489-4 Even S/Ns GK356 through GK406 Slide/Raft, mid door, RH side 767-300 series airplanes. (xxxii) 101623-107 through 101623-303 inclusive PB0001 through PB0399 inclusive, and all S/Ns with a B23 prefix Slide, forward/aft door 767-200 and -300 series airplanes. (xxxiii) Odd dash numbers 101630-105 through 101630-305 PG0001 through PG0275 inclusive, and all S/Ns with a B101 prefix Ramp/Slide, off-wing, LH side 767-200 and -300 series airplanes. (xxxiv) Even dash numbers 101630-106 through 101630-306 PC0001 through PC0263 inclusive, and all S/Ns with a B102 prefix Ramp/Slide, off-wing, RH side 767-200 and -300 series airplanes.

(xxxv)Odd dash numbers 101655-101 through 101655-305 PK0001 through PK0160 inclusive, and all S/Ns with an L55 prefix Ramp/Slide, off-wing, LH side 767-200 and -300 series airplanes. (xxxvi) Even dash numbers 101655-102 through 101655-306 PF0001 through PF0163 inclusive, and all S/Ns with an R55 prefix Ramp/Slide, off-wing, RH side 767-200 and -300 series airplanes. (xxxvii) Odd dash numbers 101656-103 through 101656-305 PH0001 through PH0299 inclusive, and all S/Ns with an L56 prefix Ramp/Slide, off-wing, LH side 767-200 and -300 series airplanes. (xxxviii) Even dash numbers 101656-104 through 101656-306 PD0001 through PD0293 inclusive, and all S/Ns with an R56 prefix Ramp/Slide, off-wing, RH side 767-200 and -300 series airplanes. (xxxix) 101658-101 and 101658-103 PAK001 through PAK136 inclusive Slide, forward door 737-200 series airplanes.

(xl)101659-101 through 101659-205 inclusive PAL001 through PAL670 inclusive Slide, aft door 737-200, -300, -400, and -500 series airplanes.

(xli)101660-101 through 101660-107 inclusive PAB001 through PAB610 inclusive Slide, forward door 737-300, -400, and -500 series airplanes.

(xlii)5A3086-3 and 5A3086-301 B3F001 through B3F314 inclusive Slide, forward door 737-600, -700, -700C, -800, and -900 series airplanes. (xliii) 5A3088-3 and 5A3088-301 B3A001 through B3A337 inclusive Slide, aft door 737-600, -700, -700C, -800, and -900 series airplanes.

(xliv)5A3109-1 Odd S/Ns, ST0001 through ST0013 Ramp/Slide, off-wing, LH side 777-300 and -300ER series airplanes.

(xlv)5A3109-2 Even S/Ns, ST0002 through ST0012 Ramp/Slide, off-wing, RH side 777-300 and -300ER series airplanes.

(xlvi)5A3307-1 through 5A3307-5 inclusive, and 5A3307-301 BNG0001 through BNG0212 inclusive Slide, forward/aft door 737-600, -700, -700C, -800, and -900 series airplanes. (xlvii) 7A1323-1 through 7A1323-114 inclusive GS0001 through GS1339 inclusive, and all S/Ns with a single G prefix Slide, stretched upper deck 747-100B SUD, -300, -400, and -400D series airplanes. (xlviii) 7A1394-3 through 7A1394-6 inclusive GV001 through GV213 inclusive, and all S/Ns with a single G prefix Slide/Raft, forward/aft doors 767-200 and -300 series airplanes.

(xlix)Odd dash numbers 7A1418-1 through 7A1418-23 Odd S/Ns GT0001 through GT1589, and all odd S/Ns with a single letter G prefix Ramp/Slide, off-wing door 3, LH side 747-100, -100B, -100B SUD, -200B, -200C, -300, -400, -400D, and 747SR series airplanes.

(l)Even dash numbers 7A1418-2 through 7A1418-24 Even S/Ns GT0002 through GT1574, and all even S/Ns with a single letter G prefix Ramp/Slide, off-wing door 3, RH side 747-100, -100B, -100B SUD, -200B, -200C, -300, -400, -400D, and 747SR series airplanes.

(li)7A1437-1 through 7A1437-8 inclusive GW0001 through GW2923 inclusive, and all S/Ns with a single letter G prefix Slide/Raft, doors 1, 2, and 4 747-100B, -200C, -300, and 747SR series airplanes.

(lii)7A1439-1 through 7A1439-8 inclusive GX0001 through GX1593 inclusive, and all S/Ns with a single letter G prefix Slide/Raft, door 5 747-100B, -200C, -300, and 747SR series airplanes.

(liii)7A1447-1 through 7A1447-54 inclusive GW0001 through GW2681 inclusive, and all S/Ns with a single letter G prefix Slide/Raft, doors 1, 2, and 4 747-100, -100B, -100B SUD, -200B, -200C, -300, and 747SR series airplanes.

(liv)7A1448-1 through 7A1448-12 inclusive GX0001 through GX1537, and all S/Ns with a single letter G prefix Slide/Raft, door 5 747-100, -100B, -100B SUD, -200B, -200C, -300, and 747SR series airplanes.

(lv)Odd dash numbers 7A1467-1 through 7A1467-23 Odd S/Ns GH0001 through GH1967, and all odd S/Ns with a single letter G prefix Slide/Raft, doors 1 and 4, LH side 747-400 and -400D series airplanes.

(lvi)Even dash numbers 7A1467-2 through 7A1467-24 Even S/Ns GH0002 through GH1952, and all even S/Ns with a single letter G prefix Slide/Raft, doors 1 and 4, RH side 747-400 and -400D series airplanes.

(lvii)Odd dash numbers 7A1469-1 through 7A1469-13 Odd S/Ns GJ001 through GJ907, and all odd S/Ns with a single letter G prefix Slide/Raft, door 5, LH side 747-400 and -400D series airplanes. (lviii) Even dash numbers 7A1469-2 through 7A1469-14 Even S/Ns GJ002 through GJ910, and all even S/Ns with a single letter G prefix Slide/Raft, door 5, RH side 747-400 and -400D series airplanes.

(lix)Odd dash numbers 7A1479-1 through 7A1479-13 Odd S/Ns GI0001 through GI1017, and all odd S/Ns with a single letter G prefix Slide/Raft, door 2, LH side 747-300, -400, and -400D series airplanes.

(lx)Even dash numbers 7A1479-2 through 7A1479-14 Even S/Ns GI0002 through GI1034, and all even S/Ns with a single letter G prefix Slide/Raft, door 2, RH side 747-300, -400, and -400D series airplanes.

(lxi)7A1489-1 and 7A1489-3 Odd S/Ns GK001 through GK353, and all odd S/Ns with a single letter G prefix Slide/Raft, mid door, LH side 767-300 series airplanes.

(lxii)7A1489-2 and 7A1489-4 Even S/Ns GK002 through GK354, and all even S/Ns with a single letter G prefix Slide/Raft, mid door, RH side 767-300 series airplanes. Table 2.—Goodrich Evacuation Systems Installed on Certain McDonnell Douglas Model Airplanes Goodrich evacuation systems having P/N— Having any S/N— Component/part is named— Installed on McDonnell Douglas Model—

(i)100504-101 through 100504-205 inclusive D9F161 through D9F256 inclusive, and PU0325 through PU0331 inclusive Slide, forward door DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; Model MD-88 airplanes; and Model MD-90-30 airplanes.

(ii)100505-101 through 100505-201 inclusive D9A078 through D9A122 inclusive, and PS0151 through PS0157 inclusive Slide, aft door DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; Model MD-88 airplanes; and Model MD-90-30 airplanes.

(iii)100506-103 through 100506-203 inclusive D9T085 through D9T127 inclusive, and PT0175 through PT0178 inclusive Slide, tailcone DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; Model MD-88 airplanes; and Model MD-90-30 airplanes.

(iv)100504-101 through 100504-205 inclusive D9F001 through D9F160 inclusive, and PU0001 through PU0324 inclusive Slide, forward door DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; Model MD-88 airplanes; and Model MD-90-30 airplanes.

(v)100505-101 through 100505-201 inclusive D9A001 through D9A077 inclusive, and PS0001 through PS0150 inclusive Slide, aft door DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; Model MD-88 airplanes; and Model MD-90-30 airplanes.

(vi)100506-103 through 100506-203 inclusive D9T001 through D9T084 inclusive, and PT0001 through PT0174 inclusive Slide, tailcone DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; Model MD-88 airplanes; and Model MD-90-30 airplanes.

(vii)7A1274-3 through 7A1274-12 inclusive All Slide, forward/ service door DC-9-81 (MD-81) and DC-9-82 (MD-82) airplanes.

(viii)7A1275-3 through 7A1275-20 inclusive All Slide, aft door DC-9-81 (MD-81) and DC-9-82 (MD-82) airplanes.

(ix)7A1276-3 through 7A1276-12 inclusive All Slide, tailcone DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, and DC-9-15F airplanes; Model DC-9-21 airplanes; Model DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, and DC-9-32F (C-9A, C-9B) airplanes; Model DC-9-41 airplanes; Model DC-9-51 airplanes; and Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes. Table 3.—Goodrich Evacuation Systems Installed on Certain Airbus Model Airplanes Goodrich evacuation system having P/N— Having any S/N— Component/part is named— Installed on Airbus Model—

(i)4A3928-1 AY0001 through AY0007 inclusive Slide, door 3 type 1, LH side A340-541 airplanes.

(ii)4A3928-2 AZ0001 through AZ0007 inclusive Slide, door 3 type 1, RH side A340-541 airplanes.

(iii)4A3931-1 and 4A3931-3 AQ0001 through AQ0028 inclusive Ramp/Slide, off-wing, LH side A340-642 airplanes.

(iv)4A3931-2 and 4A3931-4 AT0001 through AT0028 inclusive Ramp/Slide, off-wing, RH side A340-642 airplanes.

(v)4A3934-1 and 4A3934-3 AK0001 through AK0028 inclusive Slide/Raft, door 3, LH side A340-642 airplanes.

(vi)4A3934-2 and 4A3934-4 AM0001 through AM0028 inclusive Slide/Raft, door 3, RH side A340-642 airplanes.

(vii)7A1296-004 and 7A1296-005 WB0030 through WB0033 inclusive Slide, mid door A300 B2-1A, B2-1C, B2K-3C, and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; and Model A300 F4-605R and F4-622R airplanes.

(viii)7A1297-103 and 7A1297-203 WF0257 through WF0273 inclusive Ramp/Slide, off-wing door A310-203, -204, -221, and -222 airplanes; and Model A310-304, -322, -324, and -325 airplanes.

(ix)7A1298-004 and 7A1298-005 WA0327 through WA0374 inclusive Slide, forward/aft door A300 B2-1A, B2-1C, B2K-3C, and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; Model A300 F4-605R and F4-622R airplanes; and Model A310-203, -204, -221, and -222 airplanes; and Model A310-304, -322, -324, and -325 airplanes.

(x)7A1299-006 WE0149 through WE0172 inclusive Slide, emergency door A300 B2-1A, B2-1C, B2K-3C, and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; and Model A300 F4-605R and F4-622R airplanes.

(xi)7A1300-007 WC0423 through WC0507 inclusive Slide/Raft, forward/aft door A300 B2-1A, B2-1C, B2K-3C, and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; Model A300 F4-605R and F4-622R airplanes; and Model A310-203, -204, -221, and -222 airplanes; and Model A310-304, -322, -324, and -325 airplanes.

(xii)7A1359-005 WD0134 through WD0159 inclusive Slide/Raft, mid door A300 B2-1A, B2-1C, B2K-3C, and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; and Model A300 F4-605R and F4-622R airplanes.

(xiii)7A1508-109 through 7A1508-117 inclusive AA1041 through AA2419 inclusive Slide/Raft, doors 1 and 4 A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; Model A340-311, -312, and -313 airplanes; Model A340-541 airplanes; and Model A340-642 airplanes.

(xiv)7A1509-111, 7A1509-115 and 7A1509-117 AD0487 through AD1007 inclusive Slide, door 3 type 1 A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -313 airplanes.

(xv)7A1510-109 through 7A1510-117 inclusive AB0077 through AB0150 inclusive Slide/Raft, door 3 type A, LH side A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -313 airplanes.

(xvi)7A1510-110 through 7A1510-118 inclusive AC0077 through AC0148 inclusive Slide/Raft, door 3 type A, RH side A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -313 airplanes.

(xvii)7A1539-109 through 7A1539-117 inclusive AU0302 through AU0677 inclusive Slide/Raft, door 2, LH side A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; Model A340-311, -312, and -313 airplanes; Model A340-541 airplanes; and Model A340-642 airplanes. (xviii) 7A1539-110 through 7A1539-118 inclusive AX0302 through AX0673 inclusive Slide/Raft, door 2, RH side A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; Model A340-311, -312, and -313 airplanes; Model A340-541 airplanes; and Model A340-642 airplanes.

(xix)7A1296-001 through 7A1296-004 inclusive WB0001 through WB0029 inclusive, all S/Ns with a single letter R prefix, and all S/Ns with a single letter G prefix Slide, mid door A300 B2-1A, B2-1C, B2K-3C, and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; and Model A300 F4-605R and F4-622R airplanes.

(xx)7A1297-101 through 7A1297-203 inclusive WF0001 through WF0256 inclusive, all S/Ns with a single letter R prefix, and all S/Ns with a single letter G prefix Ramp/Slide, off-wing door A310-203, -204, -221, and -222 airplanes; and Model A310-304, -322, -324, and -325 airplanes.

(xxi)7A1298-001 through 7A1298-004 inclusive WA0001 through WA0326 inclusive, all S/Ns with a single letter R prefix, and all S/Ns with a single letter G prefix Slide, forward/aft door A300 B2-1A, B2-1C, B2K-3C, and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; Model A300 F4-605R and F4-622R airplanes; and Model A310-203, -204, -221, and -222 airplanes; and Model A310-304, -322, -324, and -325 airplanes.

(xxii)7A1299-001 through 7A1299-006 inclusive WE0001 through WE0148 inclusive, all S/Ns with a single letter R prefix, and all S/Ns with a single letter G prefix Slide, emergency door A300 B2-1A, B2-1C, B2K-3C, and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; and Model A300 F4-605R and F4-622R airplanes. (xxiii) 7A1300-001 through 7A1300-007 inclusive WC0001 through WC0422 inclusive, all S/Ns with a single letter R prefix, and all S/Ns with a single letter G prefix Slide/Raft, forward/aft door A300 B2-1A, B2-1C, B2K-3C, and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; Model A300 F4-605R and F4-622R airplanes; and Model A310-203, -204, -221, and -222 airplanes; and Model A310-304, -322, -324, and -325 airplanes.

(xxiv)7A1359-001 through 7A1359-005 inclusive WD0001 through WD0133 inclusive, all S/Ns with a single letter R prefix, and all S/Ns with a single letter G prefix Slide/Raft, mid door A300 B2-1A, B2-1C, B2K-3C, and B2-203 airplanes; Model A300 B4-2C, B4-103, and B4-203 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; and Model A300 F4-605R and F4-622R airplanes.

(xxv)7A1508-001 through 7A1508-017 inclusive, and 7A1508-101 through 7A1508-117 inclusive AA0001 through AA1040 inclusive Slide/Raft, doors 1 and 4 A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; Model A340-311, -312, and -313 airplanes; Model A340-541 airplanes; and Model A340-642 airplanes.

(xxvi)7A1509-001 through 7A1509-005 inclusive, and 7A1509-101 through 7A1509-117 inclusive AD0001 through AD0486 inclusive Slide, door 3 type 1 A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -313 airplanes. (xxvii) 7A1510-001 through 7A1510-017 inclusive, and 7A1510-101 through 7A1510-117 inclusive AB0001 through AB0076 inclusive Slide/Raft, door 3 type A, LH side A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -313 airplanes. (xxviii) 7A1510-002 through 7A1510-018 inclusive, and 7A1510-102 through 7A1510-118 inclusive AC0001 through AC0076 inclusive Slide/Raft, door 3 type A, RH side A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; and Model A340-311, -312, and -313 airplanes.

(xxix)7A1539-001 through 7A1539-017 inclusive, and 7A1539-101 through 7A1539-117 inclusive AU0001 thru AU0301 inclusive Slide/Raft, door 2, LH side A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; Model A340-311, -312, and -313 airplanes; Model A340-541 airplanes; and Model A340-642 airplanes.

(xxx)7A1539-002 through 7A1539-018 inclusive, and 7A1539-102 through 7A1539-118 inclusive AX0001 thru AX0301 inclusive Slide/Raft, door 2, RH side A330-201, -202, -203, -223, and -243 airplanes; Model A330-301, -321, -322, -323, -341, -342, and -343 airplanes; Model A340-211, -212, and -213 airplanes; Model A340-311, -312, and -313 airplanes; Model A340-541 airplanes; and Model A340-642 airplanes. Unsafe Condition

(d)This AD is prompted by several reports of corroded shear-pin restraints that prevented Goodrich evacuation systems from deploying properly. We are issuing this AD to prevent failure of an evacuation system, which could impede an emergency evacuation and increase the chance of injury to passengers and flightcrew during the evacuation. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Service Bulletin Reference

(f)The term “service bulletin,” as used in this AD, means the following service bulletins, as applicable:

(1)For Goodrich evacuation systems identified in Tables 1 and 2 of this AD: Goodrich Service Bulletin 25-343, Revision 3, dated January 12, 2007; and

(2)For Goodrich evacuation systems identified in Table 3 of this AD: Goodrich Service Bulletin 25-344, Revision 2, dated October 11, 2006. Compliance Times

(g)Perform the actions specified in paragraph

(h)of this AD at the applicable compliance time specified in paragraph (g)(1) or (g)(2) of this AD.

(1)For Goodrich evacuation systems installed on Boeing Model 767 airplanes as off-wing ramp/slide units and identified in Table 1 of this AD: Do the actions within 18 months after the effective date of this AD.

(2)For Goodrich evacuation systems other than those identified in paragraph (g)(1) of this AD: Do the actions within 36 months after the effective date of this AD. Replacement, or Inspections and Corrective Action

(h)Do the actions specified in paragraph (h)(1) or (h)(2) of this AD in accordance with the Accomplishment Instructions of the applicable service bulletin, except where the service bulletin specifies to record service bulletin compliance on a system information card, this AD requires recording accomplishment in accordance with an FAA-approved record-keeping system.

(1)For Goodrich evacuation systems identified in paragraphs (c)(1)(i) through (c)(1)(xxxi) inclusive in Table 1 of this AD, (c)(2)(i) through (c)(2)(iii) inclusive in Table 2 of this AD, and (c)(3)(i) through (c)(3)(xviii) inclusive in Table 3 of this AD: Replace the shear-pin restraints with new restraints.

(2)For Goodrich evacuation systems identified in paragraphs (c)(1)(xxxii) through (c)(1)(lxii) inclusive in Table 1 of this AD, (c)(2)(iv) through (c)(2)(ix) inclusive in Table 2 of this AD, and (c)(3)(xix) through (c)(3)(xxx) inclusive in Table 3 of this AD: Do an inspection to verify the manufacturing lot number of the shear-pin restraint. A review of airplane maintenance records is acceptable in lieu of this inspection if the manufacturing lot number of the shear-pin restraint can be conclusively determined from that review.

(i)If a manufacturing lot number from 3375 through 5551 inclusive is found, before further flight, replace the shear-pin restraint with a new restraint.

(ii)If a manufacturing lot number from 3375 through 5551 inclusive is not found, do a general visual inspection of the shear-pin restraints for discrepancies (i.e., corrosion, security of pin retainer/label, overall condition, and lack of play). If any discrepancy is found, before further flight, replace the shear-pin restraint with a new restraint. Note 1: For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.” Parts Installation

(i)As of the effective date of this AD, no Goodrich evacuation system identified in paragraph (h)(1) of this AD may be installed on any airplane, unless the shear-pin restraints have been replaced with new restraints in accordance with paragraph (h)(1) of this AD.

(j)As of the effective date of this AD, no Goodrich evacuation system identified in paragraph (h)(2) of this AD may be installed on any airplane, unless the shear-pin restraints have been inspected and found acceptable in accordance with paragraph (h)(2) of this AD. Credit for Actions Done Using Previous Service Information

(k)Replacements and inspections done before the effective date of this AD in accordance with the applicable service bulletins identified in Table 4 of this AD, are acceptable for compliance with the requirements of paragraph

(h)of this AD. Table 4.—Acceptable Goodrich Service Bulletins Goodrich Service Bulletin Revision level Date 25-343 Original October 15, 2003. 25-343 1 January 31, 2005. 25-343 2 October 11, 2006. 25-344 Original October 15, 2003. 25-344 1 January 31, 2005. Alternative Methods of Compliance (AMOCs) (l)(1) The Manager, Los Angeles Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

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

(m)You must use Goodrich Service Bulletin 25-343, Revision 3, dated January 12, 2007; or Goodrich Service Bulletin 25-344, Revision 2, dated October 11, 2006; as applicable; to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of Goodrich Service Bulletin 25-344, Revision 2, dated October 11, 2006, under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)The Director of the Federal Register previously approved the incorporation by reference of Goodrich Service Bulletin 25-343, Revision 3, dated January 12, 2007, on March 11, 2008 (73 FR 6586, February 5, 2008).

(3)For service information identified in this AD, contact Goodrich, Aircraft Interior Products, ATTN: Technical Publications, 3414 South Fifth Street, Phoenix, AZ 85040-1169.

(4)You may review copies of the service information that is incorporated by reference at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Issued in Renton, Washington, on March 9, 2008. Stephen P. Boyd, Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-5375 Filed 3-21-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF STATE 22 CFR Part 126 [Public Notice: 6145] Amendment to the International Traffic in Arms Regulations: Sri Lanka AGENCY: Department of State. ACTION: Final Rule. SUMMARY: In accordance with the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Div. J, Pub. L. 110-161), the Department of State is amending the International Traffic in Arms Regulations

(ITAR)regarding Sri Lanka, to make it United States policy to deny licenses and other approvals to export or otherwise transfer defense articles and defense services to Sri Lanka except, on a case-by-case basis, for technical data or equipment made available for the limited purposes of maritime and air surveillance and communications. DATES: *Effective Date:* This rule is effective March 24, 2008. ADDRESSES: Interested parties may submit comments at any time by any of the following methods: • *E-mail: DDTCResponseTeam@state.gov* with an appropriate subject line. • *Mail:* Department of State, Directorate of Defense Trade Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory Change, Sri Lanka, SA-1, 12th Floor, Washington, DC 20522-0112. Persons with access to the Internet may also view this notice by going to the *regulations.gov* Web site at *http://regulations.gov/index.cfm.* FOR FURTHER INFORMATION CONTACT: Director Ann Ganzer, Office of Defense Trade Controls Policy, Department of State, Telephone

(202)663-2792 or Fax

(202)261-8199; E-mail *DDTCResponseTeam@state.gov* . ATTN: Regulatory Change, Sri Lanka. SUPPLEMENTARY INFORMATION: In accordance with the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008, Section 126.1 of the ITAR is amended to make it United States policy to deny licenses and other approvals to export or otherwise transfer defense articles and defense services to Sri Lanka except, on a case-by-case basis, for technical data or equipment made available for the limited purposes of maritime and air surveillance and communications. Regulatory Analysis and Notices Administrative Procedure Act This amendment involves a foreign affairs function of the United States and, therefore, is not subject to the procedures contained in 5 U.S.C. 553 and 554. Regulatory Flexibility Act Since this amendment involves a foreign affairs function of the United States, it does not require analysis under the Regulatory Flexibility Act. Unfunded Mandates Reform Act of 1995 This amendment does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This amendment has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. Executive Orders 12372 and 13132 This amendment 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 the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this amendment. Executive Order 12866 This amendment is exempt from review under Executive Order 12866, but has been reviewed internally by the Department of State to ensure consistency with the purposes thereof. Paperwork Reduction Act This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 126 Arms and munitions, Exports. Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 126 is amended as follows: PART 126—GENERAL POLICIES AND PROVISIONS 1. The authority citation for part 126 is revised to read as follows: Authority: Secs. 2, 38, 40, 42 and 71, Pub. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791 and 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., p.79; 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p.899; Sec. 1225, Pub. L. 108-375. 2. Section 126.1 is amended by adding paragraph

(n)to read as follows: § 126.1 Prohibited exports and sales to certain countries.

(n)*Sri Lanka* . It is the policy of the United States to deny licenses and other approvals to export or otherwise transfer defense articles and services to Sri Lanka except, on a case-by-case basis, for technical data or equipment made available for the limited purposes of maritime and air surveillance and communications. Dated: March 10, 2008. John C. Rood, Acting Under Secretary for Arms Control and International Security, Department of State. [FR Doc. E8-5890 Filed 3-21-08; 8:45 am] BILLING CODE 4710-25-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 31 Employment Taxes and Collection of Income Tax at Source CFR Correction In Title 26 of the Code of Federal Regulations, Parts 30 to 39, revised as of April 1, 2007, in § 31.3121(s)-1, on page 104, paragraph (b)(2)(iii) is corrected and, on page 107, paragraph (c)(2)(iii) is revised to read as follows: § 31.3121(s)-1 Concurrent employment by related corporations with common paymaster.

(b)* * *

(2)* * *

(iii)*Examples.* The rules of this subparagraph are illustrated by the following examples: Example 1. S, T, U, and V are related corporations with 2,000 employees collectively. Forty of these employees are concurrently employed by two or more of the corporations, during a calendar quarter. The four corporations arrange for S to disburse remuneration to thirty of these forty employees for their services. Under these facts, S is the common paymaster of S, T, U, and V with respect to the thirty employees. S is not a common paymaster with respect to the remaining employees. Example 2.

(a)W, X, Y, and Z are related corporations. The corporations collectively have 20,000 employees. Two hundred of the employees are top-level executives and managers, sixty of whom are concurrently employed by two or more of the corporations during a calendar quarter. Six thousand of the employees are skilled artisans, all of whom are concurrently employed by two or more of the corporations during the calendar year. The four corporations arrange for Z to disburse remuneration to the sixty executives who are concurrently employed by two or more of the corporations. W and X arrange for X to disburse remuneration to the artisans who are concurrently employed by W and X.

(b)A is an executive who is concurrently employed only by W, Y, and Z during the calendar year. Under these facts, Z is a common paymaster for W, Y, and Z with respect to A. Assuming that the other requirements of this section are met, the amount of the tax liability under sections 3102 and 3111 is determined as if Z were A's only employer for the calendar quarter.

(c)B is a skilled artisan who is concurrently employed only by W and X during the calendar year. Under these facts, X is a common paymaster for S and X with respect to B. Assuming that the other requirements of this section are met, the amount of the tax liability under sections 3102 and 3111 is determined as if X were B's only employer for the calendar quarter.

(c)* * *

(2)* * *

(iii)[Reserved]. For further guidance, see § 31.3121(s)-1T(c)(2)(iii). [FR Doc. 08-55507 Filed 3-21-08; 8:45 am]

Connectionstraces to 23

Traces to 23 documents

U.S. Code