This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

54438 

Vol. 71, No. 179 

Friday, September 15, 2006 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 3 

[Docket No. APHIS–2006–0044] 

Animal Welfare; Elephants 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of petition and request 

for comments; extension of comment 

period. 

SUMMARY: We are extending the 

comment period for our notice of 

petition and request for comments 

concerning the handling, care, 

treatment, and transport of elephants 

covered by the Animal Welfare Act. 

This action will allow interested 

persons additional time to prepare and 

submit comments. 

DATES: We will consider all comments 

that we receive on or before November 

9, 2006. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov, select 

‘‘Animal and Plant Health Inspection 

Service’’ from the agency drop-down 

menu, then click ‘‘Submit.’’ In the 

Docket ID column, select APHIS–2006– 

0044 to submit or view public 

comments and to view supporting and 

related materials available 

electronically. Information on using 

Regulations.gov, including instructions 

for accessing documents, submitting 

comments, and viewing the docket after 

the close of the comment period, is 

available through the site’s ‘‘User Tips’’ 

link. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. APHIS–2006–0044, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2006–0044. 

Reading Room: You may read any 

comments that we receive on Docket 

No. APHIS–2006–0044 in our reading 

room. The reading room is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue, 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 690–2817 

before coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Barbara Kohn, Senior Staff Veterinarian, 

Animal Care, APHIS, 4700 River Road 

Unit 84, Riverdale, MD 20737–1234; 

(301) 734–7833. 

SUPPLEMENTARY INFORMATION: On August 

9, 2006, we published in the Federal 

Register (71 FR 45438–45439, Docket 

No. APHIS–2006–0044) a notice of 

petition and request for comments. That 

document notified the public that the 

Animal and Plant Health Inspection 

Service had received a petition from In 

Defense of Animals requesting that we 

issue an interpretive rule or policy to 

clarify the space and living conditions 

required for captive elephants, and that 

we enforce the Animal Welfare Act and 

its implementing regulations by 

requiring that exhibitors fully comply 

with the regulations. We solicited 

comments from the public regarding the 

petition, and whether we should 

continue to regulate the handling, care, 

treatment, and transport of elephants 

covered by the Animal Welfare Act 

under the general standards in the 

regulations or promulgate specific 

standards for elephants. We also 

requested comments regarding what 

should be included in such standards. 

Comments on the notice were 

required to be received on or before 

October 10, 2006. We are extending the 

comment period on Docket No. APHIS– 

2006–0044 for an additional 30 days. 

This action will allow interested 

persons additional time to prepare and 

submit comments. 

Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22, 

2.80, and 371.7. 

Done in Washington, DC, this 12th day of 

September 2006. 

Nick Gutierrez, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E6–15328 Filed 9–14–06; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25688; Directorate 

Identifier 2006–CE–44–AD] 

RIN 2120–AA64 

Airworthiness Directives; B–N Group 

Ltd. BN–2, BN–2A, BN–2B, BN–2T, and 

BN–2T–4R Series (All Individual 

Models Included in Type A17EU 

Certificate Data Sheet (TCDS) A17E, 

Revision 16, Dated December 9, 2002) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all B–N 

Group Ltd. BN–2, BN–2A, BN–2B, BN– 

2T, and BN–2T–4R series (all individual 

models included in Type Certificate 

Data Sheet (TCDS) A17EU, Revision 16, 

dated December 9, 2002) airplanes. This 

proposed AD would require you to 

inspect the horizontal stabilizer 

attachment bolts and anchor nuts for 

damage and wear and replace damaged 

and/or worn parts with new, modified 

parts. If no damaged or worn parts are 

found during the proposed inspection, 

this proposed AD would require you to 

replace the horizontal stabilizer 

attachment bolts and anchor nuts at a 

specified time with new, modified parts. 

This proposed AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by the 

airworthiness authority for the United 

Kingdom. We are proposing this AD to 

detect and correct damaged and/or worn 

horizontal stabilizer attachment bolts 

and anchor nuts, which would result in 

failure of the horizontal stabilizer. This 

failure could result in loss of control. 

DATES: We must receive comments on 

this proposed AD by October 16, 2006. 


ycherry on PROD1PC64 with PROPOSALS
Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Proposed Rules 54439 

ADDRESSES: Use of the following 

addresses to comment on this proposed 

AD: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov. 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact B–N Group 

Ltd., Bembridge Airport, Isle of Wight, 

PO35 5PR, United Kingdom; telephone: 

+44 (0) 1983 872511; fax: +44 (0) 1983 

873246. 

FOR FURTHER INFORMATION CONTACT: 

Albert J. Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri, 64106; telephone: (816) 329–

4119; facsimile: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2006–25688; Directorate 

Identifier 2006–CE–44–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing dat 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

concerning this proposed AD. 

Discussion 

The Civil Aviation Authority (CAA), 

which is the airworthiness authority for 

the United Kingdom, notified the FAA 

that an unsafe condition may exist on 

all B–N Group Ltd. BN–2, BN–2A, BN–

2B, BN–2T, and BN–2T–4R series (all 

individual models included in Type 

Certificate Data Sheet (TCDS ) A17EU, 

Revision 16, dated December 9, 2002) 

airplanes. The CAA has received reports 

of loose horizontal stabilizer attachment 

bolts. 

This condition, if not corrected, could 

cause the horizontal stabilizer to fail. 

This failure could result in loss of 

control. 

Relevant Service Information 

We have reviewed B–N BrittenNorman Aircraft Limited Service 

Bulletin number SB 302, Issue 2, dated 

April 12, 2005. 

The service information describes 

procedures for: 

• Inspecting the horizontal stabilizer 

attachment bolts and anchor nuts or 

damage and wear; and 

• Replacing the horizontal stabilizer 

attachment bolts and anchor nuts with 

new, modified parts. 

Foreign Airworthiness Authority 

Information 

The CAA classified this service 

bulletin as mandatory and issued British 

AD No. G–2004–0014 R1, Effective Date: 

July 29, 2005, to ensure the continued 

airworthiness of these airplanes in the 

United Kingdom. 

The B–N Group Ltd. BN–2, BN–2A, 

BN–2B, BN–2T, and BN–2T–4R series 

airplanes are manufactured in the 

United Kingdom and are typecertificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. 

Under this bilateral airworthiness 

agreement, the CAA has kept us 

informed of the situation described 

above. 

FAA’s Determination and Requirements 

of the Proposed AD 

We are proposing this AD because we 

have examined the CAA’s findings, 

evaluated all information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design that are certificated for 

operation in the United States. 

This proposed AD would require you 

to inspect the horizontal stabilizer 

attachment bolts and anchor nuts for 

damage and wear and replace damaged 

and/or worn parts with new, modified 

parts. If no damaged or worn parts are 

found during the proposed inspection, 

this proposed AD would require you to 

replace the horizontal stabilizer 

attachment bolts and anchor nuts at a 

specified time with new, modified parts. 

Differences Between the Foreign 

Airworthiness Authority AD, the 

Service Bulletin, and the Proposed AD 

The MCAI British AD No. G–2004–

0014 R1, Effective Date: July 29, 2005, 

and B–N Britten-Norman Aircraft 

Limited Service Bulletin number SB 

302, Issue 2, dated April 12, 2005, 

allows 1,000-hour repetitive inspections 

of the horizontal stabilizer attachment 

bolts and anchor nuts with the option of 

installing the new, modified horizontal 

stabilizer attachment bolts as a 

terminating action for the repetitive 

inspections. This AD does not allow 

continued repetitive inspections. 

The actions required by this AD are 

consistent with the FAA’s aging 

commuter aircraft policy, which briefly 

states that, when a modification exists 

that could eliminate or reduce then 

umber of required critical inspections, 

the modification should be 

incorporated. This policy is based on 

the FAA’s determination that reliance 

on critical repetitive inspections on 

airplanes utilized in commuter service 

carries an unnecessary safety risk when 

a design change exists that could 

eliminate or, in certain instances, 

reduce the number of those critical 

inspections. In determining what 

inspections are critical, the FAA 

considers (1) the safety consequences of 

the airplane if the known problem is not 

detected by the inspection; (2) the 

reliability of the inspection such as the 

probability of not detecting the known 

problem; (3) whether the inspection area 

is difficult to access; and (4) the 

possibility of damage to an adjacent 

structure as a result of the problem. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 91 airplanes in the U.S. 

registry. 

We estimate the following costs to do 

the proposed inspection: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

1 work-hour × $80 per hour = $80 ................. Not applicable ................................................. $80 $80 × 91 = $7,280. 


ycherry on PROD1PC64 with PROPOSALS
54440 Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Proposed Rules 

We estimate the following costs to do 

the proposed replacements: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

3 work-hours × $80 per hour = $240 ................................................ $1,600 $240 + $1,600 = $1,840 .... $1,840 × 91 = $167,440. 

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 II, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 proposed 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 a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

Examining the AD Docket 

You may examine the AD docket that 

contains the proposed AD, the 

regulatory evaluation, any comments 

received, and other information on the 

Internet at http://dms.dot.gov; or in 

person at the Docket Management 

Facility between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

(800) 647–5227) is located at the street 

address stated in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

B–N Group Ltd: Docket No. FAA–2006–

25688; Directorate Identifier 2006–CE–

44–AD. 

Comments Due Date 

(a) We must receive comments on this 

airworthiness directive (AD) action by 

October 16, 2006. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all BN–2, BN–2A, 

BN–2B, BN–2T, and BN–2T–4R series (all 

individual models included in Type 

Certificate Data Sheet (TCDS) A17EU, 

Revision 16, dated December 9, 2002) 

airplanes; that are certificated in any 

category. 

Unsafe Condition 

(d) This AD results from mandatory 

continuing airworthiness information (MCAI) 

issued by the airworthiness authority for the 

United Kingdom. We are issuing this AD to 

detect and correct damaged and/or worn 

horizontal stabilizer attachment bolts and 

anchor nuts, which could result in failure of 

the horizontal stabilizer. This failure could 

result in loss of control. 

Compliance 

(e) To address this problem, you must do 

the following, unless already done: 

Actions Compliance Procedures 

(1) Inspect the horizontal stablilzer attachment 

bolts and anchor nuts for damage and wear.

Within the next 50 hours time-in-service (TIS) 

or 2 months, whichever occurs first, after 

the effective date of this AD.

Follow B–N Britten-Norman Aircraft Limited 

Service Bulletin number SB 302, Issue 2, 

dated April 12, 2005. 

(2) If you find any damaged or worn horizontal 

stabilizer attachment bolts and/or anchor nuts 

during the inspection required in paragraph 

(e)(1) of this AD, replace with new, modified 

horizontal stabilizer attachment bolts.

Before further flight after the inspection required in paragraph (e)(1) of this AD.As specified in B–N Britten-Norman Aircraft 

Limited Service Bulletin number SB 302, 

Issue 2, dated April 12, 2005. Do any necessary replacements following B–N Group 

Ltd. Modification Leaflet for Mod NB–M– 

1787, Issue 1, dated August 1, 2005. 

(3) If you do not find damaged or worn horizontal stabilizer attachment bolts and/or anchor nuts during the inspection required in 

paragraph (e)(1) of this AD, replace the horizontal stabilizer attachment bolts and anchor 

nuts with new, modified horizontal stabilizer 

attachment bolts.

Upon accumulating 1,000 hours TIS after the 

inspection required in paragraph (e)(1) of 

this AD.

Follow B–N Group Ltd. Modification Leaflet for 

Mod NB–M–1787, Issue 1, dated August 1, 

2005. 


ycherry on PROD1PC64 with PROPOSALS
Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / Proposed Rules 54441 

Actions Compliance Procedures 

(4) You may replace the horizontal stabilizer attachment bolts and anchor nuts with the new, 

modified horizontal stabilizer attachment bolts 

at any time, but no later than the applicable 

times specified in paragraphs (e)(2) and 

(e)(3) of this AD. After installing the new, 

modified horizontal stabilizer attachment 

bolts, no further action is required.

As of the effective date of this AD ................... Follow B–N Group Ltd. Modification Leaflet for 

Mod NB–M–1787, Issue 1, dated August 1, 

2005. 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Standards Staff, FAA, 

ATTN: Albert J. Mercado, Aerospace 

Engineer, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4119; facsimile: 

(816) 329–4090, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in CFR 39.19. 

Related Information 

(g) MCAI British AD No. G–2004–0014 R1, 

Effective Date: July 29, 2005, also addresses 

the subject of this AD. To get copies of the 

service information referenced in this AD, 

contact B–N Group Ltd., Bembridge Airport, 

Isle of Wight, PO35 5PR, United Kingdom; 

telephone: +44 (0) 1983 872511; fax: +44 (0) 

1983 873246. To view the AD docket, go to 

the Docket Management Facility; U.S. 

Department of Transportation, 400 Seventh 

Street, SW., Nassif Building, Room PL–401, 

Washington, DC, or on the Internet at 

http://dms.dot.gov. The docket number is 

Docket No. FAA–2006–25688; Directorate 

Identifier 2006–CE–44–AD. 

Issued in Kansas City, Missouri, on 

September 11, 2006. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 06–7706 Filed 9–14–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25582; Directorate 

Identifier 2006–CE–42–AD] 

RIN 2120–AA64 

Airworthiness Directives; Pilatus 

Aircraft Ltd. Model PC–7 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Pilatus Aircraft Ltd. (Pilatus) Model PC–

7 airplanes. This proposed AD would 

require you to do repetitive eddycurrent, non-destructive inspections of 

the nose skin and adjacent structure 

above the left and right main landing 

gear bay and repetitive visual 

inspections of the forward support 

structure of the floor panel for crack 

damage. If you find any crack damage, 

this proposed AD would require you to 

contact Pilatus to obtain a repair 

solution and incorporate the repair. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) issued by the airworthiness 

authority for Switzerland. We are 

proposing this AD to detect and correct 

cracks in the nose skin and adjacent 

structure above the left and right main 

landing gear bay and in the forward 

support structure of the floor panel. 

Crack propagation in certain areas could 

lead to failure of the main wing torsion 

box, which could result in loss of 

control. 

DATES: We must receive comments on 

this proposed AD by October 16, 2006. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Pilatus 

Aircraft Ltd., Customer Liaison 

Manager, CH–6371 Stans, Switzerland; 

telephone: +41 41 619 63 19; fax: +41 41 

619 6224. 

FOR FURTHER INFORMATION CONTACT: 

Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329–

4059; facsimile: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2006–25582; Directorate 

Identifier 2006–CE–42–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

concerning this proposed AD. 

Discussion 

The Federal Office for Civil Aviation 

(FOCA), which is the airworthiness 

authority for Switzerland, notified FAA 

that an unsafe condition may exist on 

certain Pilatus PC–7 airplanes. The 

FOCA reports crack damage in some 

radii at the rear edge of the nose skin, 

part number (P/N) 111.34.07.434. The 

radii are adjacent to the left and right 

corners at the forward edge of the floor 

panel, P/N 111.34.07.530. Crack damage 

can also occur in the forward support 

structure of the floor panel adjacent to 

the skin panel. 

This condition, if not detected and 

corrected, could result in crack 

propagation in certain areas, which may 

lead to failure of the main wing torsion 

box. This failure could result in loss of 

control. 

Relevant Service Information 

We have reviewed Pilatus PC–7 

Service Bulletin No. 57–009, dated 

January 29, 2004. The service 

information describes procedures for 

visually inspecting the forward support 


ycherry on PROD1PC64 with PROPOSALS