Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations 41615 

has on the prices producers receive for 

their commodity. Without volume 

control, spearmint oil markets would 

likely be over-supplied, resulting in low 

producer prices and a large volume of 

oil stored and carried over to the next 

crop year. The model estimates how 

much lower producer prices would 

likely be in the absence of volume 

controls. 

The recommended allotment 

percentages, upon which 2006–2007 

producer allotments were based, are 153 

percent for Scotch (a 108-percentage 

point increase from the original 

allotment percentage of 45 percent) and 

55 percent for Native (a 9 percentage 

point increase from the original 

allotment percentage of 46 percent). 

Without volume controls, producers 

would not be limited to these allotment 

levels, and could produce and sell 

additional spearmint oil. The 

econometric model estimated a $1.37 

decline in the season average producer 

price per pound of Far West spearmint 

oil (combining the two classes of 

spearmint oil) resulting from the higher 

quantities that would be produced and 

marketed if volume controls were not 

used. 

A previous price decline estimate of 

$1.49 per pound was based on the 

original 2006–2007 allotment 

percentages (45 percent for Scotch and 

46 percent for Native) published in the 

Federal Register on April 5, 2006 (71 FR 

16986). The revised estimate reflects the 

impact of the additional quantities that 

have been made available by this rule 

compared to the original allotment 

percentages. In actuality, this rule made 

available 13,026 additional pounds of 

Scotch and 21,624 additional pounds of 

Native spearmint oil, since not all 

producers have reserve pool oil. 

Loosening the volume control 

restriction resulted in the smaller price 

decline estimate of $1.37 per pound. 

The use of volume controls allows the 

industry to fully supply spearmint oil 

markets while avoiding the negative 

consequences of over-supplying these 

markets. The use of volume controls is 

believed to have little or no effect on 

consumer prices of products containing 

spearmint oil and will not result in 

fewer retail sales of such products. 

Based on projections available at the 

meeting, the Committee considered 

alternatives to each of the increases. The 

Committee not only considered leaving 

the salable quantity and allotment 

percentage unchanged, but also looked 

at various increases. The Committee 

reached each of its recommendations to 

increase the salable quantity and 

allotment percentage for Scotch and 

Native spearmint oil after careful 

consideration of all available 

information, and believes that the levels 

recommended will achieve the 

objectives sought. Without the 

increases, the Committee believes the 

industry would not have been able to 

meet market needs. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

spearmint oil handlers. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. In 

addition, as noted in the initial 

regulatory flexibility analysis, USDA 

has not identified any relevant Federal 

rules that duplicate, overlap or conflict 

with this rule. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

The Committee’s meeting was widely 

publicized throughout the spearmint oil 

industry and all interested persons were 

invited to attend the meeting and 

participate in Committee deliberations. 

Like all Committee meetings, the 

February 21, 2007, meeting was a public 

meeting and all entities, both large and 

small, were able to express their views 

on this issue. 

An interim final rule concerning this 

action was published in the Federal 

Register on April 12, 2007. A notice of 

the rule was mailed by the Committee’s 

staff to all committee members, 

producers, handlers, and other 

interested persons. In addition, the rule 

was made available through the Internet 

by USDA and the Office of the Federal 

Register. That rule provided for a 60-day 

comment period which ended June 11, 

2007. No comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that 

finalizing the interim final rule, without 

change, as published in the Federal 

Register (72 FR 18345, April 12, 2007) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 985 

Marketing agreements, Oils and fats, 

Reporting and recordkeeping 

requirements, Spearmint oil. 

PART 985—MARKETING ORDER 

REGULATING THE HANDLING OF 

SPEARMINT OIL PRODUCED IN THE 

FAR WEST 

■ Accordingly, the interim final rule 

amending 7 CFR part 985, which was 

published at 71 FR 18345 on April, 12, 

2007, is adopted as a final rule without 

change. 

Dated: July 24, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–14622 Filed 7–30–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28813; Directorate 

Identifier 2007–SW–09–AD; Amendment 39–

15140; AD 2007–16–01] 

RIN 2120–AA64 

Airworthiness Directives; Enstrom 

Helicopter Corporation Model F–28, 

F–28A, F–28C, F–28C–2, F–28C–2R, F–

28F, F–28F–R, 280, 280C, 280F, 280FX, 

TH–28, 480, and 480B Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for 

Enstrom Helicopter Corporation 

(Enstrom) Model F–28, F–28A, F–28C, 

F–28C–2, F–28C–2R, F–28F, F–28F–R, 

280, 280C, 280F, 280FX, TH–28, 480, 

and 480B helicopters. This action 

requires a visual check to determine if 

a certain serial-numbered main rotor 

blade retention pin (retention pin) is 

installed, and removing and replacing 

any affected retention pin with an 

airworthy retention pin. This 

amendment is prompted by a report 

from the manufacturer that some 

retention pins were not manufactured in 

accordance with specifications cited on 

the engineering drawing. The actions 

specified in this AD are intended to 

prevent failure of a retention pin, 

separation of a main rotor blade from 

the helicopter, and subsequent loss of 

control of the helicopter. 

DATES: Effective August 15, 2007. 


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41616 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations 

Comments for inclusion in the Rules 

Docket must be received on or before 

October 1, 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: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays; or 

• Fax: 202–493–2251. 

You may get the service information 

identified in this AD from Enstrom 

Helicopter Corporation, 2209 22nd 

Street, P.O. Box 490, Menominee, 

Michigan 49858–0490. 

EXAMINING THE DOCKET: You may 

examine the docket that contains the 

AD, any comments, and other 

information on the Internet at http:// 

dms.dot.gov, or in person at the Docket 

Operations office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Operations office (telephone (800) 647–

5527) is located in Room W12–140 on 

the ground floor of the West Building at 

the street address stated in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

the DMS receives them. 

FOR FURTHER INFORMATION CONTACT: 

Gregory J. Michalik, Senior Aerospace 

Engineer, FAA, Small Airplane 

Directorate, Chicago Aircraft 

Certification Office, 2300 E. Devon Ave., 

Room 107, Des Plaines, Illinois 60018, 

telephone (847) 298–7135, fax (847) 

294–7834. 

SUPPLEMENTARY INFORMATION: This 

amendment adopts a new AD for 

Enstrom Model F–28, F–28A, F–28C, F–

28C–2, F–28C–2R, F–28F, F–28F–R, 

280, 280C, 280F, 280FX, TH–28, 480, 

and 480B helicopters with a retention 

pin, part number (P/N) 28–14007–3, 

installed, with a serial number (S/N) 

that is listed in the following table: 

RETENTION PIN S/N 

04098–01 through 04098–56. 

05018–01 through 05018–36. 

05143–01 through 05143–56. 

05341–1 through 05341–8. 

RETENTION PIN S/N—Continued 

05341–10 through 05341–17. 

05341–19. 

05341–21 through 05341–33. 

05341–35 through 05341–42. 

05341–44 through 05341–59. 

05341–61. 

05341–62. 

05341–64 through 05341–71. 

06214–3 through 06214–14. 

06214–16 through 06214–23. 

06214–25 through 06214–29. 

06214–31. 

06214–33 through 06214–35. 

06214–37 through 06214–57. 

06214–59 through 06214–68. 

This action requires, before further 

flight, visually checking each retention 

pin to determine if the S/N, which is 

marked on the head of the retention pin, 

is listed in the Applicability section of 

this AD. If there is no serial number 

marked on the head of the retention pin 

(i.e., the retention pin head is blank), the 

retention pin does not need to be 

replaced and this visual check 

constitutes a terminating action for the 

requirements of this AD for that 

retention pin. If an affected retention 

pin is installed, determining the 

retention pin’s number of hours time-inservice (TIS) and removing and 

replacing it with an airworthy retention 

pin that has a S/N that is not listed in 

the Applicability section of this AD is 

required: 

• Within the next 5 hours TIS or 

within 30 days, whichever occurs first, 

if the retention pin has 545 or more 

hours TIS, or 

• On or before reaching 550 hours TIS 

or within 30 days, whichever occurs 

first, if the retention pin has less than 

545 hours TIS. 

This amendment is prompted by a 

report from the manufacturer that some 

retention pins were manufactured from 

steel that did not meet the specifications 

cited on the engineering drawing. The 

actions specified in this AD are 

intended to prevent failure of a 

retention pin, separation of a main rotor 

blade from the helicopter, and 

subsequent loss of control of the 

helicopter. 

We have reviewed Enstrom Helicopter 

Corporation Service Directive Bulletin 

(SDB) No. 0102 and Enstrom Helicopter 

Corporation SDB No. T–029, both dated 

March 20, 2007, which specify visual 

and magnetic particle inspections for 

cracks in certain serial-numbered 

retention pins, and repairing or 

replacing retention pins in accordance 

with certain inspection criteria. This AD 

does not require inspections for cracks 

but requires that each affected retention 

pin be replaced. 

This unsafe condition is likely to exist 

or develop on other helicopters of the 

same type design. Therefore, this AD is 

being issued to prevent failure of a 

retention pin, separation of a main rotor 

blade from the helicopter, and 

subsequent loss of control of the 

helicopter. This AD requires removing 

and replacing certain serial-numbered 

retention pins. The visual check 

required by this AD may be performed 

by an owner/operator (pilot), but must 

be entered into the aircraft records 

showing compliance with paragraph (a) 

of this AD in accordance with 14 CFR 

43.11 and 91.417(a)(2)(v). This AD 

allows a pilot to perform this check 

because it involves only a visual check 

of the head of each retention pin to 

determine the S/N. 

The short compliance time involved 

is required because the previously 

described critical unsafe condition can 

adversely affect the controllability and 

structural integrity of the helicopter. 

Therefore, removing and replacing each 

affected retention pin is required within 

5 hours TIS or within 30 days, 

depending on the retention pin’s hours 

TIS, which constitutes a very short time 

period, and this AD must be issued 

immediately. 

Since a situation exists that requires 

the immediate adoption of this 

regulation, it is found that notice and 

opportunity for prior public comment 

hereon are impracticable, and that good 

cause exists for making this amendment 

effective in less than 30 days. 

We estimate that this AD will affect 

39 helicopters, and 

• Determining the S/N of all retention 

pins (3 on each helicopter) will take 

approximately 0.5 work hour; 

• Determining the hours TIS of three 

affected retention pins will take 

approximately 1 work hour; and 

• Removing and replacing three 

retention pins will take approximately 3 

work hours at an average labor rate of 

$80 per work hour. Required parts will 

cost approximately $680 per helicopter. 

Based on these figures, we estimate the 

total cost impact of the AD on U.S. 

operators to be $1,040 per helicopter or 

$40,560 if all retention pins get replaced 

on the entire fleet. 

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 

written data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2007–28813; 

Directorate Identifier 2007–SW–09–AD’’


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Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations 41617 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the 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 with FAA 

personnel concerning this AD. Using the 

search function of our docket Web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. 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. 

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 an economic evaluation 

of the estimated costs to comply with 

this AD. See the DMS to examine the 

economic evaluation. 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

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. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2007–16–01 Enstrom Helicopter 

Corporation: Amendment 39–15140. 

Docket No. FAA–2007–28813; 

Directorate Identifier 2007–SW–09–AD. 

Applicability: Model F–28, F–28A, F–28C, 

F–28C–2, F–28C–2R, F–28F, F–28F–R, 280, 

280C, 280F, 280FX, TH–28, 480, and 480B 

helicopters, with a main rotor blade retention 

pin (retention pin) having a serial number (S/ 

N) that is listed in the following table, 

installed, certificated in any category: 

RETENTION PIN S/N 

04098–01 through 04098–56. 

05018–01 through 05018–36. 

05143–01 through 05143–56. 

05341–1 through 05341–8. 

05341–10 through 05341–17. 

05341–19. 

05341–21 through 05341–33. 

05341–35 through 05341–42. 

05341–44 through 05341–59. 

05341–61. 

05341–62. 

05341–64 through 05341–71. 

06214–3 through 06214–14. 

06214–16 through 06214–23. 

06214–25 through 06214–29. 

06214–31. 

06214–33 through 06214–35. 

06214–37 through 06214–57. 

06214–59 through 06214–68. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent failure of a retention pin, 

separation of a main rotor blade from the 

helicopter, and subsequent loss of control of 

the helicopter, accomplish the following: 

(a) Before further flight, check the S/N that 

is marked on the head of each retention pin 

to see if it is a S/N that is listed in the 

Applicability section of this AD. See Figure 

1 for the location of the S/N. If there is no 

serial number marked on the head of the 

retention pin (i.e., the retention pin head is 

blank), the retention pin does not need to be 

replaced and this determination constitutes a 

terminating action for the requirements of 

this AD for that retention pin. 


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41618 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Rules and Regulations 

(b) The visual check required by paragraph 

(a) of this AD may be performed by an 

owner/operator (pilot) holding at least a 

private pilot certificate, and must be entered 

into the aircraft records showing compliance 

with paragraph (a) of this AD in accordance 

with 14 CFR sections 43.11 and 

91.417(a)(2)(v). 

(c) Determine the number of hours TIS for 

any affected retention pin and replace the 

retention pin with an airworthy retention pin 

as follows: 

(1) For a retention pin with 545 or more 

hours TIS, remove the retention pin and 

replace it with an airworthy retention pin 

with a S/N that is not listed in the 

Applicability section of this AD within the 

next 5 hours TIS or within 30 days, 

whichever occurs first. 

(2) For a retention pin with less than 545 

hours TIS, remove the retention pin and 

replace it with an airworthy retention pin 

with a S/N that is not listed in the 

Applicability section of this AD on or before 

reaching 550 hours TIS or within 30 days, 

whichever occurs first. 

Note: Enstrom Service Directive Bulletin 

No. T–029 and Enstrom Service Directive 

Bulletin 0102, both dated March 20, 2007, 

pertain to the subject of this AD. 

(d) Removing any affected retention pin 

and replacing it with an airworthy retention 

pin that is not included in the Applicability 

section of this AD is considered a terminating 

action for the requirements of this AD for that 

retention pin. 

(e) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Chicago Aircraft 

Certification Office, FAA, ATTN: Gregory J. 

Michalik, Senior Aerospace Engineer, 2300 E. 

Devon Ave., Room 107, Des Plaines, Illinois, 

60018, telephone (847) 298–7135, fax (847) 

294–7834, for information about previously 

approved alternative methods of compliance. 

(f) This amendment becomes effective on 

August 15, 2007. 

Issued in Fort Worth, Texas, on July 24, 

2007. 

David A. Downey, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 07–3711 Filed 7–30–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 558 

New Animal Drugs For Use in Animal 

Feeds; Ractopamine and Tylosin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a supplemental new animal 

drug application (NADA) filed by 

Elanco Animal Health. The 

supplemental NADA revises the 

indications for use of two-way 

combination Type B and Type C 

medicated swine feeds formulated with 

ractopamine hydrochloride and tylosin 

phosphate. 

DATES: This rule is effective July 31, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Harlan J. Howard, Center for Veterinary 

Medicine (HFV–120), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 301–827–0231, email: harlan.howard@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Elanco 

Animal Health, a Division of Eli Lilly & 

Co., Lilly Corporate Center, 

Indianapolis, IN 46285, filed a 

supplement to NADA 141–172 that 

provides for use of two-way 

combination Type B and Type C 

medicated swine feeds formulated with 

PAYLEAN (ractopamine hydrochloride) 

and TYLAN (tylosin phosphate) singleVerDate Aug<31>2005 13:44 Jul 30, 2007 Jkt 211001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1

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