2612 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 

or go to: http://www.archives.gov/federalregister/cfr/ibr-locations.html. 

TABLE 1.—INCORPORATION BY REFERENCE

Service Bulletin No. Page Revision Date 

Da72–536 ..........................................................................................................................................

Total Pages: 23 

All ........ 1 ................. August 25, 2003. 

Da72–538 ..........................................................................................................................................

Total Pages: 21 

All ........ Original ....... June 10, 2005. 

Issued in Burlington, Massachusetts, on 

January 12, 2007. 

Francis A. Favara, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–687 Filed 1–19–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–26921; Directorate 

Identifier 2006–NM–247–AD; Amendment 

39–14896; AD 2007–02–09] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A310 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as cracking in the wing main 

landing gear (MLG) rib 5 forward 

attachment lug, which could affect the 

structural integrity of the MLG 

attachment. This AD requires actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

February 6, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 6, 2007. 

We must receive comments on this 

AD by March 23, 2007. 

ADDRESSES: You may send comments by 

any of the following methods: 

• DOT Docket Web Site: Go to 

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

instructions for sending your comments 

electronically. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• 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. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Examining the AD Docket 

You may examine the AD docket 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 AD docket contains this 

AD, the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Office (telephone (800) 647–

5227) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Tom 

Stafford, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–1622; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. This streamlined 

process will allow us to adopt MCAI 

safety requirements in a more efficient 

manner and will reduce safety risks to 

the public. This process continues to 

follow all FAA AD issuance processes to 

meet legal, economic, Administrative 

Procedure Act, and Federal Register 

requirements. We also continue to meet 

our technical decision-making 

responsibilities to identify and correct 

unsafe conditions on U.S.-certificated 

products. 

This AD references the MCAI and 

related service information that we 

considered in forming the engineering 

basis to correct the unsafe condition. 

The AD contains text copied from the 

MCAI and for this reason might not 

follow our plain language principles. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the aviation authority 

for the European Union, has issued 

emergency airworthiness directive 

2006–0335–E, dated November 3, 2006 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states 

that during routine visual inspection, a 

crack has been found in the wing MLG 

(main landing gear) rib 5 forward 

attachment lug on two A310 in-service 

aircraft. Laboratory examination of one 

of the cracked ribs confirmed that the 

crack is due to the presence of pitting 

corrosion in the forward lug holes. Also 

on both aircraft medium to heavy 

corrosion was found in the forward lugs 

on the opposite wing after removal of 

the bushes. This situation if not 

detected, could affect the structural 

integrity of the MLG attachment. The 

aim of the EASA Emergency 

Airworthiness Directive (EAD) is to 

mandate repetitive detailed visual 

inspections of wing MLG rib 5 aft 

bearing forward lugs for thorough crack 

detection and replacement if necessary. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A310–57A2088, including Appendix 01, 

dated November 6, 2006. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 


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Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 2613 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all the 

information provided by the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

Differences Between the AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over the 

actions copied from the MCAI. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because following routine visual 

inspection, two through-cracks have 

been found in the wing MLG rib 5 lug. 

The cracks were extended through the 

entire thickness of the forward lug. 

Failure of this attachment could result 

in gear collapse upon landing. 

Therefore, we determined that notice 

and opportunity for public comment 

before issuing this AD are impracticable 

and that good cause exists for making 

this amendment effective in fewer than 

30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2007–26921; 

Directorate Identifier 2006–NM–247–

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:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD would 

not have federalism implications under 

Executive Order 13132. This 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 this 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 AD and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2007–02–09 Airbus: Amendment 39–14896. 

Docket No. FAA–2007–26921; 

Directorate Identifier 2006–NM–247–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective February 6, 2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A310 

airplanes, certificated in any category, all 

certified models, all serial numbers except 

for those where LH (left-hand) and RH (righthand) wing MLG (main landing gear) rib 5 

forward lugs have been repaired by 

installation of oversized interference fit 

bushings as per drawing R57249121. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states that 

during routine visual inspection, a crack has 

been found in the wing MLG rib 5 forward 

attachment lug on two A310 in-service 

aircraft. Laboratory examination of one of the 

cracked ribs confirmed that the crack is due 

to the presence of pitting corrosion in the 

forward lug holes. Also on both aircraft 

medium to heavy corrosion was found in the 

forward lugs on the opposite wing after 

removal of the bushes. This situation if not 

detected, could affect the structural integrity 

of the MLG attachment. The MCAI requires 

repetitive detailed visual inspections of wing 

MLG rib 5 aft bearing forward lugs for 

thorough crack detection and replacement if 

necessary. 

Actions and Compliance 

(e) Unless already done, do the following 

actions specified in paragraphs (e)(1), (e)(2), 

and (e)(3) of this AD in accordance with the 

instructions defined in Airbus Service 

Bulletin A310–57A2088, dated November 6, 

2006. 

(1) Before the accumulation of 12,000 total 

flight cycles or within 14 days after the 

effective date of this AD, whichever occurs 

later: Perform a detailed visual inspection of 

the LH and RH wing MLG rib 5 aft bearing 

forward lugs. 

(2) If any crack is detected at LH and/or RH 

aft bearing forward lug, contact Airbus and 

proceed with the replacement before next 

flight. 

(3) Repeat the inspection at intervals not 

exceeding 100 flight cycles. 


sroberts on PROD1PC70 with RULES
2614 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 

1 17 CFR 170.15. The Commission’s regulations 

can be accessed at http://www.access.gpo.gov/nara/ 

cfr/waisidx_06/17cfrvl_06.html. 

2 7 U.S.C. 21(p). The Act can be accessed at 

http://www.access.gpo.gov/uscode/title7/

chapter1_.html. 

3See 7 U.S.C. 5(b). 

4 71 FR 64171. 

5Paragraph (b) of the Regulation, which the 

Commission did not propose to amend, provides an 

exception for persons registered as BDs with the 

Securities and Exchange Commission that are 

notice-registered as FCMs in accordance with 

Commission Regulation 3.10(a)(3). 

Other FAA AD Provisions 

(f) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, Attn: Tom Stafford, 

Aerospace Engineer, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Before using any AMOC approved 

in accordance with § 39.19 on any airplane 

to which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

(4) Special Flight Permits: We are not 

allowing special flight permits, as described 

in Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199). 

Related Information 

(g) Refer to MCAI European Aviation 

Safety Agency emergency airworthiness 

directive 2006–0335–E, dated November 3, 

2006, and Airbus Service Bulletin A310–

57A2088, dated November 6, 2006, for 

related information. 

Material Incorporated by Reference 

(h) You must use Airbus Service Bulletin 

A310–57A2088, excluding Appendix 01, 

dated November 6, 2006, 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 Airbus, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France. 

(3) You may review copies at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 98057–

3356; 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 

December 7, 2006. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 07–201 Filed 1–19–07; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 170 

RIN 3038–AC29 

Membership in a Registered Futures 

Association 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) has amended its regulations to 

require that all persons registered with 

the Commission as futures commission 

merchants (‘‘FCMs’’), subject to an 

exception for certain notice-registered 

securities brokers or dealers (‘‘BDs’’), 

must become and remain members of at 

least one registered futures association 

(‘‘RFA’’). This action is consistent with 

the regulatory philosophy underlying 

the Commodity Futures Modernization 

Act of 2000 (‘‘CFMA’’). 

DATES: Effective Date: February 21, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Helene D. Schroeder, Special Counsel, 

Compliance and Registration Section, 

Division of Clearing and Intermediary 

Oversight, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581, telephone number: (202) 418–

5450; facsimile number: (202) 418–5528; 

and electronic mail: 

hschroeder@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Commission Regulation 170.15 

Commission Regulation 170.15 1

(‘‘Regulation’’) concerns membership by 

FCMs in an RFA. Section 17(p) of the 

Commodity Exchange Act (‘‘Act’’ or 

‘‘CEA’’) requires each RFA to have a 

comprehensive program to audit the 

financial and sales practices of its 

members and their associated persons.2

Section 17(q) of the Act requires each 

RFA to establish such programs ‘‘as 

soon as practicable but not later than 

September 30, 1985.’’ Currently, the 

National Futures Association (‘‘NFA’’) is 

the sole RFA under Section 17(a) of the 

Act, and it is also a self-regulatory 

organization (‘‘SRO’’). 

In adopting the Regulation, the 

Commission found that comprehensive 

and effective self-regulation and the 

avoidance of duplicative regulation 

would be enhanced by adoption of a 

regulation mandating membership in an 

RFA by each person required to be 

registered as an FCM. The Commission 

also found that the need to maintain 

these extensive programs for the 

comparatively small number of persons 

likely to remain subject solely to the 

Commission’s direct regulation would 

be inefficient and duplicative of the selfregulatory functions for which NFA 

would be responsible. 

B. The Commodity Futures 

Modernization Act of 2000 

In December 2000, the CFMA was 

enacted into law. Among other things, it 

revised the supervisory functions of the 

Commission. Specifically, the CFMA 

transformed the role of the CFTC from 

a front-line regulator, with 

responsibility for direct supervision of 

the commodity futures markets and 

their participants and professionals, to 

an oversight agency.3

C. The Proposal 

In light of the Commission’s new 

oversight role and the policies and 

purposes of the Act, including the goals 

of effective self-regulation and the 

avoidance of duplicative regulation, on 

November 1, 2006, the Commission 

published in the Federal Register a 

proposed revision to the Regulation 

(‘‘Proposal’’).4 The Proposal would 

require that all persons that are 

registered with the Commission as an 

FCM, subject to an exception for 

persons that are notice-registered as 

BDs,5 and regardless of whether any 

such person is required to be registered 

as an FCM, must become and remain a 

member of at least one RFA. As the 

Commission explained in the Federal 

Register release announcing the 

Proposal (‘‘Proposing Release’’), the 

purpose of the Proposal was ‘‘to ensure 

that all FCMs would come under direct 


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