19380 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 

confidence in the impartiality and 

objectivity with which the FDIC’s 

programs are administered. A waiver 

under this paragraph may impose 

appropriate conditions, such as 

requiring execution of a written 

disqualification. 

■ 4. Section 3201.103 is revised to read 

as follows: 

§ 3201.103 Prohibition on acquisition, 

ownership, or control of securities of FDICinsured depository institutions and certain 

holding companies. 

(a) Prohibition on acquisition, 

ownership, or control. Except as 

provided in paragraph (b) of this 

section, no employee, spouse of an 

employee, or minor child of an 

employee may acquire, own, or control, 

directly or indirectly, a security of any 

of the following: 

(1) A bank or savings association that 

is insured by the Federal Deposit 

Insurance Corporation (FDIC); 

(2) A bank holding company that is 

subject to supervision by the Federal 

Reserve Board (FRB); 

(3) A savings and loan holding 

company that is subject to supervision 

by the Office of Thrift Supervision 

(OTS); 

(4) A financial holding company that 

is subject to FRB supervision; or 

(5) A company that: 

(i) Owns or controls an FDIC-insured 

bank or savings association; 

(ii) Is neither an FRB-supervised bank 

holding company, an OTS-supervised 

savings and loan holding company, nor 

an FRB-supervised financial holding 

company; and 

(iii) Is either primarily engaged in 

banking or not publicly traded on a U.S. 

securities exchange. 

(b) Exceptions. Notwithstanding the 

prohibitions of paragraph (a) of this 

section, but subject to the limitations of 

paragraph (c) of this section, an 

employee, or the spouse or minor child 

of an employee, may do any or all of the 

following: 

(1) Acquire, own, or control the 

securities of a unitary thrift holding 

company (i.e., a savings and loan 

holding company that is subject to OTS 

supervision but whose principal 

business is neither banking nor 

activities closely related to banking); 

(2) Own or control a security of an 

entity described in paragraph (a) of this 

section if the security was permitted to 

be retained by the employee under 12 

CFR part 336 prior to May 25, 1995, was 

obtained prior to commencement of 

employment with the Corporation, or 

was acquired by a spouse prior to 

marriage to the employee; 

(3) Own, or control a security of an 

entity described in paragraph (a) of this 

section if: 

(i) The security was acquired by 

inheritance, gift, stock-split, involuntary 

stock dividend, merger, acquisition, or 

other change in corporate ownership, 

exercise of preemptive right, or 

otherwise without specific intent to 

acquire the security, or, by an 

employee’s spouse or minor child as 

part of a compensation package in 

connection with his or her employment; 

(ii) The employee makes full, written 

disclosure on FDIC form 2410/07 to the 

Ethics Counselor within 30 days of the 

commencement of employment or the 

acquisition of the interest; and 

(iii) The employee is disqualified in 

accordance with 5 CFR part 2635, 

subpart D, from participating in any 

particular matter that affects his or her 

financial interests, or that of his or her 

spouse or minor child; 

(4) Acquire, own, or control an 

interest in a publicly traded or publicly 

available investment fund provided 

that, upon initial or subsequent 

investment by the employee (excluding 

ordinary dividend reinvestment), the 

fund does not have invested, or indicate 

in its prospectus the intent to invest, 

more than 30 percent of its assets in the 

securities of one or more entities 

described in paragraph (a) of this 

section and the employee neither 

exercises control nor has the ability to 

exercise control over the financial 

interests held in the fund; and 

(5) Use an FDIC-insured depository 

institution or an affiliate of an FDICinsured depository institution as 

custodian or trustee of accounts 

containing tax-deferred retirement 

funds. 

(c) Divestiture. Based upon a 

determination of substantial conflict 

under 5 CFR 2635.403(b), the Ethics 

Counselor may require an employee, or 

the spouse or minor child of an 

employee, to divest a security he or she 

is otherwise authorized to acquire, own, 

control, or use under paragraph (b) of 

this section. 

(d) Waiver. The Ethics Counselor may 

grant a written waiver from any 

provision of this section based on a 

determination made with the advice and 

legal clearance of the Legal Division that 

the waiver is not inconsistent with part 

2635 of this title or otherwise prohibited 

by law, and that, under the particular 

circumstances, application of the 

prohibition is not necessary to avoid the 

appearance of misuse of position or loss 

of impartiality, or otherwise to ensure 

confidence in the impartiality and 

objectivity with which the FDIC’s 

programs are administered. A waiver 

under this paragraph may impose 

appropriate conditions, such as 

requiring execution of a written 

disqualification. 

By order of the Board of Directors. 

Dated at Washington, DC, this 20th day of 

March, 2007. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

Approved: April 10, 2007. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

[FR Doc. E7–7377 Filed 4–17–07; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27898; Directorate 

Identifier 2007–NM–078–AD; Amendment 

39–15029; AD 2007–07–05 R1] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 777 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is revising an 

existing airworthiness directive (AD), 

which applies to all Boeing Model 777 

airplanes. That AD currently requires a 

one-time inspection to determine the 

part number of the left and right air 

supply and cabin pressure controllers 

(ASCPCs), and installation of new 

ASCPC software if necessary. This AD 

requires those same actions. This AD 

also revises the existing AD to allow 

installation of an ASCPC with 

additional versions of software installed 

and to correct a part number reference. 

This AD results from a report of an 

ASCPC failure during flight. We are 

issuing this AD to prevent an ASCPC 

failure that could stop airflow into the 

airplane, inhibit the cabin altitude 

warning message, and cause an 

incorrect display of cabin altitude. 

These failures could result in 

depressurization of the airplane without 

warning. 

DATES: The effective date of this AD is 

April 18, 2007. 

On April 18, 2007 (72 FR 15820, April 

3, 2007), the Director of the Federal 

Register approved the incorporation by 

reference of Boeing Service Bulletin 

777–36A0026, Revision 1, dated 

February 8, 2007. 


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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 19381 

We must receive any comments on 

this AD by June 18, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

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. 

• 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. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

David Webber, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6451; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION:

Discussion 

On March 21, 2007, we issued AD 

2007–07–05, amendment 39–15010 (72 

FR 15820, April 3, 2007). That AD 

applies to all Boeing Model 777 

airplanes. That AD requires a one-time 

inspection to determine the part number 

of the left and right air supply and cabin 

pressure controllers (ASCPCs), and 

installation of new ASCPC software if 

necessary. That AD resulted from a 

report of an ASCPC failure during flight. 

The actions specified in that AD are 

intended to prevent an ASCPC failure 

that could stop airflow into the airplane, 

inhibit the cabin altitude warning 

message, and cause an incorrect display 

of cabin altitude. These failures could 

result in depressurization of the 

airplane without warning. 

Actions Since AD Was Issued 

Since we issued that AD, we have 

determined that additional versions of 

the ASCPC software should be 

permitted. In paragraph (i) of that AD 

(‘‘Installation of Certain OPS Software 

Prohibited’’), we cited a specific part 

number of operational program software 

(OPS) that must be installed in ASCPCs 

before they can be installed on any 

airplane as of the effective date of that 

AD. By citing that specific part number, 

we inadvertently prohibited use of later, 

acceptable versions of the OPS. This 

was not our intent. 

We have also determined that, in that 

same paragraph, there is a typographical 

error resulting in an incorrect ASCPC 

part number. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other airplanes of the same type 

design. For this reason, we are issuing 

this AD to revise AD 2007–07–05. This 

new AD retains the requirements of the 

existing AD. This AD also revises the 

existing AD to allow installation of an 

ASCPC with additional versions of 

software installed and to correct a part 

number reference. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD; therefore, providing notice and 

opportunity for public comment before 

the AD is issued is impracticable, and 

good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–27898; Directorate Identifier 

2007–NM–078–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD that might suggest a 

need to modify it. 

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 with FAA 

personnel concerning this AD. Using the 

search function of that Web site, anyone 

can find and read the comments in any 

of our dockets, including the name of 

the individual who sent the comment 

(or signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Examining the Dockets 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

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 have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 


rmajette on PROD1PC67 with RULES
19382 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Rules and Regulations 

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 part 39 of the Federal 

Aviation Regulations (14 CFR part 39) as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by removing amendment 39–15010 (72 

FR 15820, April 3, 2007) and adding the 

following new airworthiness directive 

(AD): 

2007–07–05 R1 Boeing: Amendment 39–

15029. Docket No. FAA–2007–27898; 

Directorate Identifier 2007–NM–078–AD. 

Effective Date 

(a) The effective date of this AD is April 

18, 2007. 

Affected ADs 

(b) This AD revises AD 2007–07–05. 

Applicability 

(c) This AD applies to all Boeing Model 

777–200, –200LR, –300, and –300ER series 

airplanes, certificated in any category. 

Unsafe Condition 

(d) This AD results from a report of an air 

supply and cabin pressure controller 

(ASCPC) failure during flight. We are issuing 

this AD to prevent an ASCPC failure that 

could stop airflow into the airplane, inhibit 

the cabin altitude warning message, and 

cause an incorrect display of cabin altitude. 

These failures could result in 

depressurization of the airplane without 

warning. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection to Determine Part Number (P/N) 

of the ASCPCs 

(f) For all airplanes: Within 90 days after 

the effective date of this AD, perform an 

inspection of the left and right ASCPCs to 

determine the part number. 

ASCPC Software Installation 

(g) For airplanes on which any ASCPC 

having P/N 1152972–4 is found during the 

inspection required by paragraph (f) of this 

AD: Within 90 days after the effective date 

of this AD, install new ASCPC operational 

program software (OPS) in accordance with 

the Accomplishment Instructions of Boeing 

Service Bulletin 777–36A0026, Revision 1, 

dated February 8, 2007. 

Installation of Certain OPS Prohibited 

(h) As of the effective date of this AD, 

installation of OPS P/N 3673–GRS–101–00, 

P/N 3670–GRS–102–00, or P/N 3671–GRS–

103–00 is prohibited. 

(i) As of the effective date of this AD, no 

person may install an ASCPC, P/N 1152972–

4, on any airplane, unless it has had ASCPC 

OPS version P/N 3676–GRS–104–00 or later 

installed in accordance with paragraph (g) of 

this AD. 

Credit for Actions Done Using Previous 

Service Information 

(j) Actions accomplished before the 

effective date of this AD in accordance with 

Boeing Alert Service Bulletin 777–36A0026, 

dated December 19, 2006, are considered 

acceptable for compliance with the 

corresponding actions specified in this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested in 

accordance with the procedures found in 14 

CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

Material Incorporated by Reference 

(l) You must use Boeing Service Bulletin 

777–36A0026, Revision 1, dated February 8, 

2007, to perform the actions that are required 

by this AD, unless the AD specifies 

otherwise. The Director of the Federal 

Register approved the incorporation by 

reference of this document on April 18, 2007 

(72 FR 15820, April 3, 2007). Contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207, for a copy 

of this service information. You may review 

copies at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Renton, Washington, on April 12, 

2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 07–1936 Filed 4–16–07; 11:59 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91 and 136 

[Docket No. FAA–1998–4521] 

National Air Tour Safety Standards 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of office of management 

and budget approval for information 

collection. 

SUMMARY: This notice announces the 

Office of Management and Budget’s 

(OMB) approval of the information 

collection requirement in the final rule 

published on February 13, 2007 (72 FR 

6884). The sections of the final rule 

pending approval of this information 

collection request are effective upon 

publication of this notice. 

DATES: FAA received OMB approval for 

the information collection requirement 

in the Final Rule on April 10, 2007. The 

compliance date for information 

collection requirements in 14 CFR 

91.146, 91.147, 136.7, and 136.13 is 

April 18, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Alberta Brown, Air Transportation 

Division, AFS–200, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8166; facsimile: 

(202) 267–8229; e-mail: 

alberta.brown@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 13, 2007, the FAA 

published the final rule, ‘‘National Air 

Tour Safety Standards,’’ in the Federal 

Register. The rule standardized 

requirements for air tour operations and 

consolidated air tour safety standards in 

Title 14 of the Code of Federal 

Regulations part 136. In the DATES

section of the final rule, we noted that 

affected parties did not need to comply 

with the information collection 

requirements in certain sections of the 

rule until the Office of Management and 

Budget (OMB) approved the FAA’s 

request to collect the information. 

In accordance with the Paperwork 

Reduction Act, OMB approved the 

FAA’s request for new information 

collection on April 10, 2007, and 

assigned the information collection 

OMB Control Number 2120–0717. The 

control number was not available to 

include when the final rule was 

published, thus necessitating this 

notice. The FAA request was approved 

by OMB without change and expires on 

April 30, 2010. 


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