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9652 Federal Register / Vol. 72, No.

42 / Monday, March 5, 2007 / Rules and Regulations

FSIS is providing an opportunity for Paperwork Requirements Through Listserv and the Web page,
comment on whether the uniform There are no paperwork or FSIS is able to provide information to a
compliance date established in this final recordkeeping requirements associated much broader, more diverse audience.
rule should be modified or revoked. with this policy under the Paperwork In addition, FSIS offers an e-mail
Reduction Act of 1995 (44 U.S.C. 3501– subscription service that provides an
Executive Order 12866: Benefit-Cost automatic and customized notification
Analysis 3520).
when popular pages are updated,
Expected Environmental Effects including Federal Register publications
FSIS has examined the impacts of the
final rule under Executive Order 12866. The establishment of a uniform and related documents. This service is
Executive Order 12866 directs agencies compliance date for food labeling available at http://www.fsis.usda.gov/
to assess all costs and benefits of regulations is an activity that will not news_and_events/email_subscription/
have a significant individual or and allows FSIS customers to sign up
available regulatory alternatives and,
cumulative effect on the human for subscription options across eight
when regulation is necessary, to select
environment. Therefore, this action is categories. Options range from recalls to
regulatory approaches that maximize
appropriately subject to the categorical export information to regulations,
net benefits (including potential
exclusion from the preparation of an directives and notices. Customers can
economic, environmental, public health
environmental assessment or add or delete subscriptions themselves
and safety, and other advantages; and have the option to password protect
distributive impacts; and equity). This environmental impact statement
provided under 7 CFR 1b.4(6) of the their account.
action has been determined to be not
significant and, therefore, has not been U.S. Department of Agriculture Done at Washington, DC, on: February 27,
reviewed by the Office of Management regulations. 2007.
and Budget. David P. Goldman,
Additional Public Notification
Acting Administrator.
Establishing a uniform compliance Public awareness of all segments of [FR Doc. E7–3725 Filed 3–2–07; 8:45 am]
date for all future Federal food product rulemaking and policy development is BILLING CODE 3410–DM–P
labeling regulations affecting the meat important. Consequently, in an effort to
and poultry industry that are issued by ensure that minorities, women, and
FSIS over a two year period will persons with disabilities are aware of
eliminate potentially burdensome this rule, FSIS will announce it on-line DEPARTMENT OF TRANSPORTATION
requirements otherwise faced by the through the FSIS Web page located at
industry. Federal Aviation Administration
http://www.fsis.usda.gov/regulations_&_
The regulation also greatly limits the policies/2007_Interim_&_Final_Rules_
14 CFR Part 39
possibility of potentially conflicting Index/index.asp.
compliance dates for labeling The Regulations.gov Web site is the [Docket No. FAA–2006–26048; Directorate
requirements developed for meat and central online rulemaking portal of the Identifier 2006–NM–191–AD; Amendment
poultry products and labeling United States government. It is being 39–14967; AD 2007–05–06]
requirements developed for non-meat offered as a public service to increase
participation in the Federal RIN 2120–AA64
and non-poultry products. It thus
provides for an orderly industry government’s regulatory activities. FSIS
Airworthiness Directives; McDonnell
adjustment to any new labeling participates in Regulations.gov and will
Douglas Model 717–200 Airplanes
requirements. Labeling changes in accept comments on documents
response to Federal regulations will published on the site. The site allows AGENCY: Federal Aviation
likely be less frequent, and visitors to search by keyword or Administration (FAA), Department of
establishments will be able to plan for Department or Agency for rulemakings Transportation (DOT).
full utilization of their labeling stocks. that allow for public comment. Each ACTION: Final rule.
entry provides a quick link to a
Need for the Rule comment form so that visitors can type SUMMARY: The FAA is adopting a new
in their comments and submit them to airworthiness directive (AD) for certain
Establishing uniform compliance
FSIS. The Web site is located at http:// McDonnell Douglas Model 717–200
dates for food labeling regulations www.regulations.gov/. airplanes. This AD requires replacing
issued within specified time periods FSIS also will make copies of this certain attaching hardware of the
minimizes the economic impact of label Federal Register publication available bulkhead nipple assemblies of the left
changes for industry and may indirectly through the FSIS Constituent Update, and right wing vent boxes with new
benefit consumers if cost savings are which is used to provide information electrical bonding attaching hardware,
passed on in the form of lower prices. regarding FSIS policies, procedures, doing resistance testing of the new
Regulatory Flexibility Analysis regulations, Federal Register notices, electrical bonds, and doing fuel leakage
public meetings, recalls, and other types testing of the reworked nipple
This rule does not have a significant of information that could affect or assemblies. This AD results from fuel
economic impact on a substantial would be of interest to our constituents system reviews conducted by the
number of small entities. Consequently, and stakeholders. The update is manufacturer. We are issuing this AD to
an initial regulatory flexibility analysis communicated via Listserv, a free e-mail provide a conductive path, from the
is not required (5 U.S.C. 601–612). The subscription service consisting of bulkhead nipple assemblies of the left
uniform compliance date does not industry, trade, and farm groups, and right wing vent boxes to the
impose any burden on small entities. consumer interest groups, allied health airframe structure inside the wing fuel
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The Agency will conduct regulatory professionals, scientific professionals, tanks, to dissipate high-amperage
flexibility analyses of future labeling and other individuals who have lightning-induced currents, which
regulations if such analyses are requested to be included. The update might otherwise create an ignition
required. also is available on the FSIS Web page. source for fuel vapors inside the wing

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Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Rules and Regulations 9653

vent boxes and lead to an explosion of Request To Clarify Service Information a class ‘L,’ but rather provides a
the fuel tanks. Requirement maximum direct current (DC) resistance
DATES: This AD becomes effective April One commenter, Hawaiian Airlines, and path for lightning protection. The
9, 2007. requests that we clarify what service commenter therefore requests that we
The Director of the Federal Register information is acceptable for clarify the reference to class ‘L’ in the
approved the incorporation by reference compliance with the AD. The final rule.
of a certain publication listed in the AD We partially agree. It is true that note
commenter asserts that the NPRM states
as of April 9, 2007. (e) of Figure 1 of the service bulletin
that the use of Boeing Service Bulletin
ADDRESSES: You may examine the AD
refers to a class ‘L’ resistance test, while
717–28–0011, Revision 2, dated July 19,
docket on the Internet at http:// Section 20–50–01 of the Boeing SWPM
2006, is acceptable for compliance.
no longer refers to class ‘L.’ Class ‘L’ had
dms.dot.gov or in person at the Docket However, the commenter states that,
to do with lightning protection,
Management Facility, U.S. Department although Revision 2 of the service specified a maximum resistance of
of Transportation, 400 Seventh Street, bulletin added a leakage test of the 0.0025 ohm, and appeared in earlier
SW., Nassif Building, Room PL–401, reworked nipple assemblies, Revision 2 versions of the SWPM. However,
Washington, DC. states that no further work is required. although the term ‘‘class ‘L’ ’’ no longer
Contact Boeing Commercial Therefore, the commenter inquires appears in the SWPM, note (e) of Figure
Airplanes, Long Beach Division, 3855 whether compliance with earlier 1 of the service bulletin specifies the
Lakewood Boulevard, Long Beach, revisions of the service information will resistance test retained in the SWPM,
California 90846, Attention: Data and be acceptable. which states that the maximum
Service Management, Dept. C1–L5A We agree that there may be some resistance must not exceed 2.5
(D800–0024), for the service information confusion here. Service Bulletin 717– milliohms (0.0025 ohm). We have
identified in this AD. 28–0011, Revision 1, dated January 24, determined that the term ‘‘class ‘L’ ’’ is
FOR FURTHER INFORMATION CONTACT: 2006; and Revision 2, dated July 19, not important in this context, and the
Samuel Lee, Aerospace Engineer, 2006; both state that no further work is directions of note (e) of Figure 1 of the
Propulsion Branch, ANM–140L, FAA, required. However, Revision 1 added a service bulletin are otherwise acceptable
Los Angeles Aircraft Certification ‘‘leak check,’’ and Revision 2 states that as written; however, for clarity, we have
Office, 3960 Paramount Boulevard, a ‘‘fueling capacity and leak check added a note after paragraph (f) of the
Lakewood, California 90712–4137; procedure’’ has been added. In fact, the AD concerning this issue.
telephone (562) 627–5262; fax (562) fueling capacity and leak check
627–5210. procedure specified in Revision 2 Request To Revise Compliance Time
SUPPLEMENTARY INFORMATION: combines the fuel leakage test from the The same commenter notes that the
original issue of the service bulletin, compliance time in the NPRM does not
Examining the Docket dated April 16, 2004, and the leak check match that in the service bulletin. The
You may examine the airworthiness from Revision 1 into a single step, Work commenter states that the NPRM
directive (AD) docket on the Internet at Instruction 3.B.14., ‘‘fuel leakage test.’’ specifies a reduced compliance time of
http://dms.dot.gov or in person at the Work Instruction 3.B.14. cites a different 78 months due to the nature of the
Docket Management Facility office airplane maintenance manual (AMM) unsafe condition, and that this
between 9 a.m. and 5 p.m., Monday chapter than the original issue or difference has been coordinated with
through Friday, except Federal holidays. Revision 1 of the service bulletin (AMM Boeing. The commenter suggests that
The Docket Management Facility office 28–11–00). Additionally, the remaining the service bulletin should be revised to
(telephone (800) 647–5227) is located on Work Instruction steps have been match the compliance time required by
the plaza level of the Nassif Building at renumbered. However, if an operator the AD.
the street address stated in the accomplished the actions specified in We do not agree. As stated in the
ADDRESSES section. the original issue or Revision 1 of the NPRM, Boeing concurs with the
service bulletin prior to the effective proposed compliance time. The
Discussion date of the AD, and no leakage of fuel compliance time is clearly stated in the
The FAA issued a notice of proposed has since occurred in the subject areas, NPRM. Therefore, there is no safety-
rulemaking (NPRM) to amend 14 CFR no additional work is required for related purpose for revising the service
part 39 to include an AD that would compliance with the corresponding bulletin. Further, we do not have the
apply to certain McDonnell Douglas requirements of the AD. We have authority to require Boeing to revise the
Model 717–200 airplanes. That NPRM revised paragraph (g) of the AD to service bulletin to match the
was published in the Federal Register include the original issue of the service compliance time required by this AD.
on October 13, 2006 (71 FR 60446). That bulletin. Therefore, we do not find it necessary
NPRM proposed to require replacing to pursue any change to the service
Request for Clarification of Class ‘L’
certain attaching hardware of the bulletin.
Reference
bulkhead nipple assemblies of the left
Another commenter, AirTran Request To Publish Incorporation by
and right wing vent boxes with new
Airways, states that it supports the Reference (IBR) Documents on the
electrical bonding attaching hardware,
NPRM, but expresses confusion Docket Management System (DMS)
doing resistance testing of the new
electrical bonds, and doing fuel leakage regarding the term ‘‘class ‘L’ ’’ that The Modification and Replacement
testing of the reworked nipple appears in Figure 1 of Boeing Service Parts Association (MARPA) asserts that
assemblies. Bulletin 717–28–0011, Revision 2. The IBR documents should be made
commenter states that, although note (e) available to the public by publication in
Comments of Figure 1 specifies to: ‘‘Do class ‘L’ the DMS, keyed to the action that
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We provided the public the resistance test * * * ’’ and ‘‘Refer to incorporates them. MARPA therefore
opportunity to participate in the SWPM [standard wiring practices requests that such documents be
development of this AD. We have manual] 20–50–01,’’ Section 20–50–01 published in the DMS prior to release of
considered the comments received. of the Boeing SWPM does not identify the final rule.

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9654 Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Rules and Regulations

We do not agree with this request. We promoting safe flight of civil aircraft in Affected ADs
are currently in the process of reviewing air commerce by prescribing regulations (b) None.
issues surrounding the posting of for practices, methods, and procedures
Applicability
service bulletins on the DMS as part of the Administrator finds necessary for
an AD docket. Once we have thoroughly safety in air commerce. This regulation (c) This AD applies to McDonnell Douglas
examined all aspects of this issue and is within the scope of that authority Model 717–200 airplanes, certificated in any
have made a final determination, we because it addresses an unsafe condition category; as identified in Boeing Service
Bulletin 717–28–0011, Revision 2, dated July
will consider whether our current that is likely to exist or develop on
19, 2006.
practice needs to be revised. No change products identified in this rulemaking
to the AD is necessary in this regard. action. Unsafe Condition
Request To Add FAA Statement of Regulatory Findings (d) This AD results from fuel system
Intent reviews conducted by the manufacturer. We
We have determined that this AD will are issuing this AD to provide a conductive
MARPA requests that, during the not have federalism implications under path, from the bulkhead nipple assemblies of
NPRM stage of AD rulemaking, the FAA Executive Order 13132. This AD will the left and right wing vent boxes to the
state its intent to IBR any relevant not have a substantial direct effect on airframe structure inside the wing fuel tanks,
service information. MARPA states that the States, on the relationship between to dissipate high-amperage lightning-induced
without such a statement in the NPRM, the national government and the States, currents, which might otherwise create an
it is unclear whether we will IBR the or on the distribution of power and ignition source for fuel vapors inside the
relevant service information in the final responsibilities among the various wing vent boxes and lead to an explosion of
rule. levels of government. the fuel tanks.
We do not concur with MARPA’s For the reasons discussed above, I Compliance
request. When we reference certain certify that this AD: (e) You are responsible for having the
service information in a proposed AD, (1) Is not a ‘‘significant regulatory actions required by this AD performed within
the public can assume we intend to IBR action’’ under Executive Order 12866; the compliance times specified, unless the
that service information, as required by (2) Is not a ‘‘significant rule’’ under actions have already been done.
the Office of the Federal Register. No DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and Installing Electrical Bonding, and Resistance
change to the AD is necessary in regard
(3) Will not have a significant and Fuel Leakage Testing
to this request.
economic impact, positive or negative, (f) Within 78 months after the effective
Conclusion on a substantial number of small entities date of this AD, replace certain attaching
We have carefully reviewed the under the criteria of the Regulatory hardware of the bulkhead nipple assemblies
available data, including the comments Flexibility Act. of the left and right wing vent boxes with
We prepared a regulatory evaluation new electrical bonding attaching hardware,
received, and determined that air safety
of the estimated costs to comply with do resistance testing of the new electrical
and the public interest require adopting bonds, and do fuel leakage testing of the
the AD with the change described this AD and placed it in the AD docket.
reworked nipple assemblies; in accordance
previously. We have determined that See the ADDRESSES section for a location with the Accomplishment Instructions of
this change will neither increase the to examine the regulatory evaluation. Boeing Service Bulletin 717–28–0011,
economic burden on any operator nor List of Subjects in 14 CFR Part 39 Revision 2, dated July 19, 2006.
increase the scope of the AD. Note 1: Note (e) of Figure 1 of the service
Air transportation, Aircraft, Aviation
bulletin refers to a class ‘L’ resistance test.
Costs of Compliance safety, Incorporation by reference, However, we have determined that the term
There are about 138 airplanes of the Safety. ‘‘class ‘L’ ’’ is not important in this context
affected design in the worldwide fleet. Adoption of the Amendment and the directions of note (e) of Figure 1 of
This AD affects about 108 airplanes of the service bulletin are otherwise acceptable
U.S. registry. The required actions take ■ Accordingly, under the authority as written.
about 6 work hours per airplane, at an delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as Actions Accomplished According to
average labor rate of $80 per work hour. Previous Issue of Service Bulletin
The manufacturer states that it will follows:
supply required parts to the operators at (g) Actions accomplished before the
PART 39—AIRWORTHINESS effective date of this AD in accordance with
no cost. Based on these figures, the Boeing Service Bulletin 717–28–0011, dated
estimated cost of the AD for U.S. DIRECTIVES
April 16, 2004; or Revision 1, dated January
operators is $51,840, or $480 per ■ 1. The authority citation for part 39 24, 2006; are acceptable for compliance with
airplane. continues to read as follows: the corresponding actions specified in this
Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. AD.

Title 49 of the United States Code Alternative Methods of Compliance


§ 39.13 [Amended]
specifies the FAA’s authority to issue (AMOCs)
■ 2. The Federal Aviation (h)(1) The Manager, ANM–116,
rules on aviation safety. Subtitle I,
Administration (FAA) amends § 39.13 International Branch, Transport Airplane
Section 106, describes the authority of
by adding the following new Directorate, FAA, has the authority to
the FAA Administrator. Subtitle VII,
airworthiness directive (AD): approve AMOCs for this AD, if requested in
Aviation Programs, describes in more
2007–05–06 McDonnell Douglas: accordance with the procedures found in 14
detail the scope of the Agency’s CFR 39.19.
authority. Amendment 39–14967. Docket No.
FAA–2006–26048; Directorate Identifier (2) Before using any AMOC approved in
We are issuing this rulemaking under
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2006–NM–191–AD. accordance with § 39.19 on any airplane to


the authority described in Subtitle VII, which the AMOC applies, notify the
Part A, Subpart III, Section 44701, Effective Date appropriate principal inspector in the FAA
‘‘General requirements.’’ Under that (a) This AD becomes effective April 9, Flight Standards Certificate Holding District
section, Congress charges the FAA with 2007. Office.

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Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Rules and Regulations 9655

Material Incorporated by Reference DATES: This AD becomes effective April Comments


(i) You must use Boeing Service Bulletin 9, 2007. We gave the public the opportunity to
717–28–0011, Revision 2, dated July 19, The Director of the Federal Register participate in developing this AD. We
2006, to perform the actions that are required approved the incorporation by reference
by this AD, unless the AD specifies
received no comments on the NPRM or
otherwise. The Director of the Federal
of certain publications listed in this AD on the determination of the cost to the
Register approved the incorporation by as of April 9, 2007. public.
reference of this document in accordance ADDRESSES: You may examine the AD We further analyzed this AD and
with 5 U.S.C. 552(a) and 1 CFR part 51. docket on the Internet at http:// determined that the limitation that
Contact Boeing Commercial Airplanes, Long
dms.dot.gov or in person at the Docket prohibits TAKEOFF WITH FROST, ICE,
Beach Division, 3855 Lakewood Boulevard, SNOW, OR SLUSH ON THE WING,
Long Beach, California 90846, Attention: Management Facility, U.S. Department
of Transportation, 400 Seventh Street, CONTROL SURFACES, HORIZONTAL
Data and Service Management, Dept. C1–L5A TAIL, AND AIR INTAKES, * * *
(D800–0024), for a copy of this service SW., Nassif Building, Room PL–401,
information. You may review copies at the should be * * * WING, CONTROL
Washington, DC.
FAA, Transport Airplane Directorate, 1601 SURFACES, HORIZONTAL TAIL, OR
Lind Avenue, SW., Renton, Washington FOR FURTHER INFORMATION CONTACT: AIR INTAKES, * * * This meets the
98057–3356; or at the National Archives and Albert J. Mercado, Aerospace Engineer, other airworthiness authority’s intent
Records Administration (NARA). For FAA, Small Airplane Directorate, 901 and the FAA’s intent of assuring that
information on the availability of this Locust, Room 301, Kansas City, takeoff is prohibited if ice, snow, or
material at NARA, call 202–741–6030, or go Missouri 64106; telephone: (816) 329– slush is present on one of those surfaces
to: http://www.archives.gov/federal-register/ 4119; fax: (816) 329–4090. instead of all the surfaces.
cfr/ibr-locations.html.
SUPPLEMENTARY INFORMATION: Conclusion
Issued in Renton, Washington, on February
21, 2007. Streamlined Issuance of AD We reviewed the available data and
Ali Bahrami, determined that air safety and the
Manager, Transport Airplane Directorate, The FAA is implementing a new public interest require adopting the AD
Aircraft Certification Service. process for streamlining the issuance of as proposed except for the change
[FR Doc. E7–3560 Filed 3–2–07; 8:45 am] ADs related to MCAI. The streamlined described above. We determined that
BILLING CODE 4910–13–P
process will allow us to adopt MCAI this change will not increase the
safety requirements in a more efficient economic burden on any operator or
manner and will reduce safety risks to increase the scope of the AD.
DEPARTMENT OF TRANSPORTATION the public. This process continues to
follow all FAA AD issuance processes to Differences Between This AD and the
Federal Aviation Administration meet legal, economic, Administrative MCAI or Service Information
Procedure Act, and Federal Register We have reviewed the MCAI and
14 CFR Part 39 requirements. We also continue to meet related service information and, in
our technical decision-making general, agree with their substance. But
[Docket No. FAA–2006–26489; Directorate
Identifier 2006–CE–74–AD; Amendment 39– responsibilities to identify and correct we might have found it necessary to use
14966; AD 2007–05–05] unsafe conditions on U.S.-certificated different words from those in the MCAI
products. to ensure the AD is clear for U.S.
RIN 2120–AA64
This AD references the MCAI and operators and is enforceable in a U.S.
Airworthiness Directives; SOCATA— related service information that we court of law. In making these changes,
Groupe AEROSPATIALE Models M.S. considered in forming the engineering we do not intend to differ substantively
760, M.S. 760 A, and M.S. 760 B basis to correct the unsafe condition. from the information provided in the
Airplanes The AD contains text copied from the MCAI and related service information.
MCAI and for this reason might not We might also have required different
AGENCY: Federal Aviation follow our plain language principles. actions in this AD from those in the
Administration (FAA), Department of MCAI in order to follow FAA policies.
Transportation (DOT). Discussion Any such differences are described in a
ACTION: Final rule. We issued a notice of proposed separate paragraph of the AD. These
rulemaking (NPRM) to amend 14 CFR requirements, if any, take precedence
SUMMARY: We are adopting a new over the actions copied from the MCAI.
airworthiness directive (AD) for the part 39 to include an AD that would
products listed above. This AD results apply to the specified products. That Costs of Compliance
from mandatory continuing NPRM was published in the Federal
Register on January 5, 2007 (72 FR 483). We estimate that this AD will affect
airworthiness information (MCAI) 41 products of U.S. registry. We also
issued by an aviation authority of That NPRM proposed to correct an
unsafe condition for the specified estimate that it will take about 1 work-
another country to identify and correct hour per product to comply with this
an unsafe condition on an aviation products. The MCAI states:
AD. The average labor rate is $80 per
product. The MCAI describes the unsafe Following Safety Alert No. SA–006, issued work-hour. Based on these figures, we
condition as: by the National Transportation Safety Board estimate the cost of this AD on U.S.
(NTSB) on aircraft icing, it was impossible to
Following Safety Alert No. SA–006, issued demonstrate that the aircraft can safely
operators to be $3,280, or $80 per
by the National Transportation Safety Board takeoff when contaminated by frost, ice, product.
(NTSB) on aircraft icing, it was impossible to snow, or slush and fly into icing conditions.
demonstrate that the aircraft can safely Authority for This Rulemaking
takeoff when contaminated by frost, ice, The MCAI requires operational Title 49 of the United States Code
erjones on PRODPC74 with RULES

snow, or slush, and fly into icing conditions. limitation on takeoff with specifies the FAA’s authority to issue
We are issuing this AD to require contamination and requires a pre-takeoff rules on aviation safety. Subtitle I,
actions to correct the unsafe condition check in ground icing conditions and section 106, describes the authority of
on these products. flight into icing conditions. the FAA Administrator. ‘‘Subtitle VII:

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