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Federal Register / Vol. 73, No.

53 / Tuesday, March 18, 2008 / Proposed Rules 14403

assessment rate actions issued in past ADDRESSES: You may submit comments Done in Washington, DC, this 12th day of
years. by either of the following methods: March 2008.
Kevin Shea,
List of Subjects in 7 CFR Part 955 • Federal eRulemaking Portal: Go to
http://www.regulations.gov/fdmspublic/ Acting Administrator, Animal and Plant
Onions, Marketing agreements, Health Inspection Service.
component/
Reporting and recordkeeping [FR Doc. E8–5394 Filed 3–17–08; 8:45 am]
main?main=DocketDetail&d=APHIS–
requirements. BILLING CODE 3410–34–P
2006-0150 to submit or view comments
For the reasons set forth in the and to view supporting and related
preamble, 7 CFR part 955 is proposed to materials available electronically.
be amended as follows:
• Postal Mail/Commercial Delivery: DEPARTMENT OF TRANSPORTATION
PART 955—VIDALIA ONIONS GROWN Please send two copies of your comment
IN GEORGIA to Docket No. 99–014–2, Regulatory Federal Aviation Administration
Analysis and Development, PPD,
1. The authority citation for 7 CFR 14 CFR Part 39
APHIS, Station 3A–03.8, 4700 River
part 955 continues to read as follows:
Road Unit 118, Riverdale, MD 20737– [Docket No. FAA–2008–0301; Directorate
Authority: 7 U.S.C. 601–674. 1238. Please state that your comment Identifier 2007–NM–284–AD]
2. Section 955.209 is revised to read refers to Docket No. 99–014–2.
as follows: Reading Room: You may read any RIN 2120–AA64
§ 955.209 Assessment rate.
comments that we receive on this
docket in our reading room. The reading Airworthiness Directives; Dassault
On and after January 1, 2008, an room is located in room 1141 of the Model Falcon 2000EX and 900EX
assessment rate of $0.13 per 40-pound USDA South Building, 14th Street and Airplanes
carton or equivalent is established for
Independence Avenue, SW., AGENCY: Federal Aviation
Vidalia onions.
Washington, DC. Normal reading room Administration (FAA), DOT.
Dated: March 12, 2008. hours are 8 a.m. to 4:30 p.m., Monday ACTION: Notice of proposed rulemaking
Lloyd C. Day, through Friday, except holidays. To be (NPRM).
Administrator, Agricultural Marketing sure someone is there to help you,
Service. please call (202) 690–2817 before SUMMARY: We propose to adopt a new
[FR Doc. E8–5358 Filed 3–17–08; 8:45 am] coming. airworthiness directive (AD) for the
BILLING CODE 3410–02–P Other Information: Additional products listed above. This proposed
information about APHIS and its AD results from mandatory continuing
programs is available on the Internet at airworthiness information (MCAI)
DEPARTMENT OF AGRICULTURE http://www.aphis.usda.gov. originated by an aviation authority of
another country to identify and correct
Animal and Plant Health Inspection FOR FURTHER INFORMATION CONTACT: Dr. an unsafe condition on an aviation
Service Jerry D. DePoyster, Veterinary Medical product. The MCAI describes the unsafe
Officer, Animal Care, APHIS, 4700 River condition as:
9 CFR Parts 2 and 3 Road Unit 84, Riverdale, MD 20737– On early FALCON airplanes featuring the
1234; (301) 734–7586. EASy cockpit, a new oxygen controller has
[Docket No. 99–014–3]
SUPPLEMENTARY INFORMATION: On been installed. An internal review has
RIN 0579–AC41 determined that the passenger oxygen mask
January 3, 2008, we published in the boxes do not fit this new controller. In
Animal Welfare; Climatic and Federal Register (73 FR 413–420, OVERRIDE mode, that is to say, when the
Environmental Conditions for Docket No. 99–014–2) a proposal to internal pressure reducer is by-passed,
Transportation of Warmblooded remove the current ambient temperature oxygen (O2) flow is nominal, while in
Animals Other Than Marine Mammals requirements in the Animal Welfare Act NORMAL mode O2 flow is reduced by half
regulations for various stages in the compared to what it should be.
Proposed rule; reopening of
ACTION: transportation of live animals other than Consequently, in NORMAL mode the
minimum mass flow of supplemental O2 for
comment period. marine mammals. The proposal would
each passenger, as required by Certification
replace those requirements with a single Specifications, is no longer met. This could
SUMMARY: We are reopening the performance standard under which the lead to passenger incommodation due to
comment period for our proposed rule animals would be transported under insufficient body oxygenation.
that would remove the current ambient climatic and environmental conditions
temperature requirements in the Animal The unsafe condition is incorrectly
that are appropriate for their welfare.
Welfare Act regulations for various fitted passenger oxygen mask boxes for
stages in the transportation of live Comments on the proposed rule were the new controllers, which could result
animals other than marine mammals. required to be received on or before in incapacitation of passengers due to
The proposal would replace those March 3, 2008. We are reopening the insufficient oxygen in the event of rapid
requirements with a single performance comment period on Docket No. 99–014– depressurization of the airplane when
standard for climatic and environmental 2 for an additional 30 days. This action the controller is in NORMAL mode. The
conditions during their transportation. will allow interested persons additional proposed AD would require actions that
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This action will allow interested time to prepare and submit comments. are intended to address the unsafe
persons additional time to prepare and We will also consider all comments condition described in the MCAI.
submit comments. received between March 4, 2008, and DATES: We must receive comments on
DATES: We will consider all comments the date of this notice. this proposed AD by April 17, 2008.
that we receive on or before April 17, Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22, ADDRESSES: You may send comments by
2008. 2.80, and 371.7. any of the following methods:

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14404 Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Proposed Rules

• Federal eRulemaking Portal: Go to Directive 2007–0073, dated March 22, these changes, we do not intend to differ
http://www.regulations.gov. Follow the 2007 (referred to after this as ‘‘the substantively from the information
instructions for submitting comments. MCAI’’), to correct an unsafe condition provided in the MCAI and related
• Fax: (202) 493–2251. for the specified products. The MCAI service information.
• Mail: U.S. Department of states: We might also have proposed
Transportation, Docket Operations, M– different actions in this AD from those
On early FALCON airplanes featuring the
30, West Building Ground Floor, Room EASy cockpit, a new oxygen controller has in the MCAI in order to follow FAA
W12–140, 1200 New Jersey Avenue, SE., been installed. An internal review has policies. Any such differences are
Washington, DC 20590. determined that the passenger oxygen mask highlighted in a NOTE within the
• Hand Delivery: U.S. Department of boxes do not fit this new controller. In proposed AD.
Transportation, Docket Operations, M– OVERRIDE mode, that is to say, when the
30, West Building Ground Floor, Room internal pressure reducer is by-passed, Costs of Compliance
W12–40, 1200 New Jersey Avenue, SE., oxygen (O2) flow is nominal, while in Based on the service information, we
Washington, DC, between 9 a.m. and 5 NORMAL mode O2 flow is reduced by half estimate that this proposed AD would
p.m., Monday through Friday, except compared to what it should be. affect about 27 products of U.S. registry.
Federal holidays. Consequently, in NORMAL mode the We also estimate that it would take
minimum mass flow of supplemental O2 for
Examining the AD Docket each passenger, as required by Certification
about 16 work-hours per product to
Specifications, is no longer met. This could comply with the basic requirements of
You may examine the AD docket on this proposed AD. The average labor
lead to passenger incommodation due to
the Internet at http:// insufficient body oxygenation. rate is $80 per work-hour. Required
www.regulations.gov; or in person at the The purpose of this Airworthiness parts would cost about $0 per product.
Docket Operations office between 9 a.m. Directive (AD) is to mandate the replacement Where the service information lists
and 5 p.m., Monday through Friday, of the passenger oxygen mask boxes by new- required parts costs that are covered
except Federal holidays. The AD docket design ones [boxes] adapted to the controller. under warranty, we have assumed that
contains this proposed AD, the The unsafe condition is incorrectly there will be no charge for these costs.
regulatory evaluation, any comments fitted passenger oxygen mask boxes for As we do not control warranty coverage
received, and other information. The the new controllers, which could result for affected parties, some parties may
street address for the Docket Operations in incapacitation of passengers due to incur costs higher than estimated here.
office (telephone (800) 647–5527) is in insufficient oxygen in the event of rapid Based on these figures, we estimate the
the ADDRESSES section. Comments will depressurization of the airplane when cost of the proposed AD on U.S.
be available in the AD docket shortly the controller is in NORMAL mode. You operators to be $34,560, or $1,280 per
after receipt. may obtain further information by product.
FOR FURTHER INFORMATION CONTACT: Tom examining the MCAI in the AD docket.
Rodriguez, Aerospace Engineer, Authority for This Rulemaking
International Branch, ANM–116, FAA, Relevant Service Information Title 49 of the United States Code
Transport Airplane Directorate, 1601 Dassault has issued Service Bulletins specifies the FAA’s authority to issue
Lind Avenue, SW., Renton, Washington F900EX–257 and F2000EX–61, both rules on aviation safety. Subtitle I,
98057–3356; telephone (425) 227–1137; Revision 1, both dated March 22, 2007. section 106, describes the authority of
fax (425) 227–1149. The actions described in this service the FAA Administrator. ‘‘Subtitle VII:
SUPPLEMENTARY INFORMATION: information are intended to correct the Aviation Programs,’’ describes in more
unsafe condition identified in the detail the scope of the Agency’s
Comments Invited MCAI. authority.
We invite you to send any written We are issuing this rulemaking under
relevant data, views, or arguments about FAA’s Determination and Requirements the authority described in ‘‘Subtitle VII,
this proposed AD. Send your comments of This Proposed AD Part A, Subpart III, Section 44701:
to an address listed under the This product has been approved by General requirements.’’ Under that
ADDRESSES section. Include ‘‘Docket No. the aviation authority of another section, Congress charges the FAA with
FAA–2008–0301; Directorate Identifier country, and is approved for operation promoting safe flight of civil aircraft in
2007–NM–284–AD’’ at the beginning of in the United States. Pursuant to our air commerce by prescribing regulations
your comments. We specifically invite bilateral agreement with the State of for practices, methods, and procedures
comments on the overall regulatory, Design Authority, we have been notified the Administrator finds necessary for
economic, environmental, and energy of the unsafe condition described in the safety in air commerce. This regulation
aspects of this proposed AD. We will MCAI and service information is within the scope of that authority
consider all comments received by the referenced above. We are proposing this because it addresses an unsafe condition
closing date and may amend this AD because we evaluated all pertinent that is likely to exist or develop on
proposed AD based on those comments. information and determined an unsafe products identified in this rulemaking
We will post all comments we condition exists and is likely to exist or action.
receive, without change, to http:// develop on other products of the same
Regulatory Findings
www.regulations.gov, including any type design.
personal information you provide. We We determined that this proposed AD
Differences Between This AD and the would not have federalism implications
will also post a report summarizing each
MCAI or Service Information under Executive Order 13132. This
substantive verbal contact we receive
about this proposed AD. We have reviewed the MCAI and proposed AD would not have a
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related service information and, in substantial direct effect on the States, on


Discussion general, agree with their substance. But the relationship between the national
The European Aviation Safety Agency we might have found it necessary to use Government and the States, or on the
(EASA), which is the Technical Agent different words from those in the MCAI distribution of power and
for the Member States of the European to ensure the AD is clear for U.S. responsibilities among the various
Community, has issued Airworthiness operators and is enforceable. In making levels of government.

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Federal Register / Vol. 73, No. 53 / Tuesday, March 18, 2008 / Proposed Rules 14405

For the reasons discussed above, I boxes do not fit this new controller. In provisions of the Paperwork Reduction Act,
certify this proposed regulation: OVERRIDE mode, that is to say, when the the Office of Management and Budget (OMB)
1. Is not a ‘‘significant regulatory internal pressure reducer is by-passed, has approved the information collection
action’’ under Executive Order 12866; oxygen (O2) flow is nominal, while in requirements and has assigned OMB Control
2. Is not a ‘‘significant rule’’ under the NORMAL mode O2 flow is reduced by half Number 2120–0056.
compared to what it should be.
DOT Regulatory Policies and Procedures Consequently, in NORMAL mode the Related Information
(44 FR 11034, February 26, 1979); and minimum mass flow of supplemental O2 for (h) Refer to MCAI EASA Airworthiness
3. Will not have a significant each passenger, as required by Certification Directive 2007–0073, dated March 22, 2007,
economic impact, positive or negative, Specifications, is no longer met. This could and Dassault Service Bulletins F900EX–257
on a substantial number of small entities lead to passenger incommodation due to and F2000EX–61, both Revision 1, both dated
under the criteria of the Regulatory insufficient body oxygenation. March 22, 2007, for related information.
Flexibility Act. The purpose of this Airworthiness
Issued in Renton, Washington, on March 9,
We prepared a regulatory evaluation Directive (AD) is to mandate the replacement
2008.
of the estimated costs to comply with of the passenger oxygen mask boxes by new-
designed ones [boxes] adapted to the Stephen P. Boyd,
this proposed AD and placed it in the Assistant Manager, Transport Airplane
controller.
AD docket. Directorate, Aircraft Certification Service.
The unsafe condition is incorrectly fitted
List of Subjects in 14 CFR Part 39 passenger oxygen mask boxes for the new [FR Doc. E8–5371 Filed 3–17–08; 8:45 am]
controllers, which could result in BILLING CODE 4910–13–P
Air transportation, Aircraft, Aviation incapacitation of passengers due to
safety, Safety. insufficient oxygen in the event of rapid
The Proposed Amendment depressurization of the airplane when the DEPARTMENT OF TRANSPORTATION
controller is in NORMAL mode.
Accordingly, under the authority
Actions and Compliance Federal Aviation Administration
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part (f) Unless already done do the following
actions: 14 CFR Part 39
39 as follows:
(1) Within 15 months after the effective
[Docket No. FAA–2008–0302; Directorate
PART 39—AIRWORTHINESS date of this AD, replace the passenger oxygen
Identifier 2007–NM–323–AD]
mask boxes in accordance with Dassault
DIRECTIVES
Service Bulletins F900EX–257 or F2000EX– RIN 2120–AA64
1. The authority citation for part 39 61, both Revision 1, both dated March 22,
continues to read as follows: 2007, as applicable. Airworthiness Directives; Boeing
(2) Actions done before the effective date Model 767–200, –300, and –400ER
Authority: 49 U.S.C. 106(g), 40113, 44701. of this AD in accordance with Dassault
Service Bulletins F900EX–257 dated March Series Airplanes
§ 39.13 [Amended] 15, 2006, and F2000EX–61, dated March 22,
2. The FAA amends § 39.13 by adding AGENCY: Federal Aviation
2006; are acceptable for compliance with the
the following new AD: Administration (FAA), Department of
corresponding actions of this AD.
Transportation (DOT).
Dassault Aviation: Docket No. FAA–2008– FAA AD Differences ACTION: Notice of proposed rulemaking
0301; Directorate Identifier 2007–NM–
284–AD. Note: This AD differs from the MCAI and/ (NPRM).
or service information as follows: No
Comments Due Date differences. SUMMARY: The FAA proposes to
(a) We must receive comments by April 17, supersede an existing airworthiness
Other FAA AD Provisions directive (AD) that applies to certain
2008.
(g) The following provisions also apply to Boeing Model 767–200, –300, and
Affected ADs this AD: –400ER series airplanes. The existing
(b) None. (1) Alternative Methods of Compliance AD currently requires an inspection to
(AMOCs): The Manager, International
Applicability Branch, ANM–116, has the authority to
determine if the door-mounted escape
(c) This AD applies to Dassault Model approve AMOCs for this AD, if requested slide/rafts have certain part numbers.
Falcon 2000EX and 900EX airplanes, using the procedures found in 14 CFR 39.19. For those door-mounted escape slide/
certificated in any category, as identified in Send information to ATTN: Tom Rodriguez, rafts having certain part numbers, the
paragraphs (c)(1) and (c)(2) of this AD. Aerospace Engineer, International Branch, existing AD also currently requires an
(1) Falcon 900EX airplanes, serial number ANM–116, Transport Airplane Directorate, inspection for excessive tension of the
(S/N) 120 through 146 inclusive, on which FAA, 1601 Lind Avenue, SW., Renton, firing cable, and procedures for
Dassault Service Bulletin F900EX–257 has Washington 98057–3356; telephone (425) providing slack in the firing cable or
not been implemented. 227–1137; fax (425) 227–1149. Before using rerouting the firing cable if necessary.
(2) Falcon 2000EX airplanes, S/N 28 any approved AMOC on any airplane to
through 55 inclusive, on which Dassault which the AMOC applies, notify your
For certain airplanes, this proposed AD
Service Bulletin F2000EX–61 has not been appropriate principal inspector (PI) in the would require a review of the airplane
implemented. FAA Flight Standards District Office (FSDO), maintenance records to determine if a
or lacking a PI, your local FSDO. certain service bulletin has been
Subject incorporated, or an inspection to
(2) Airworthy Product: For any requirement
(d) Air Transport Association (ATA) of in this AD to obtain corrective actions from determine if certain door-mounted
America Code 35: Oxygen. a manufacturer or other source, use these escape slide/rafts are installed. This
Reason actions if they are FAA-approved. Corrective proposed AD would also require
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actions are considered FAA-approved if they modification of certain escape slide/


(e) The mandatory continuing are approved by the State of Design Authority
airworthiness information (MCAI) states: (or their delegated agent). You are required
rafts. This proposed AD results from
On early FALCON airplanes featuring the to assure the product is airworthy before it reports of uncommanded inflation
EASy cockpit, a new oxygen controller has is returned to service. inside the airplane of a door-mounted
been installed. An internal review has (3) Reporting Requirements: For any escape slide/raft located in the
determined that the passenger oxygen mask reporting requirement in this AD, under the passenger compartment. We are

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