Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 8641 

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. 

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: 

REIMS AVIATION S.A.: Docket No. FAA–

2006–26692; Directorate Identifier 2006–

CE–89–AD 

Comments Due Date 

(a) We must receive comments by March 

29, 2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Reims Aviation S.A. 

Model F406 airplanes, serial numbers F406–

0001 through F406–0092, certificated in any 

category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states that 

there have been: 

several reports regarding an important 

corrosion on the bearings with propagation to 

the bracket-hinge of the rudder. This 

corrosion has been discovered after rudder 

removals. This condition, if left uncorrected, 

could result in the loss of the rudder control 

on the airplane. 

Actions and Compliance 

(e) Unless already done, do the following 

actions: 

(1) Within the next 100 hours time-inservice or 3 months after the effective date of 

this AD, whichever occurs first, and 

thereafter repetitively during a period not to 

exceed every 12 months, unless previously 

accomplished in the past 12 months, inspect 

the rudder brackets-hinge and bearings for 

corrosion and lubricate the rudder bearings 

in accordance with the accomplishment 

instructions of REIMS AVIATION 

INDUSTRIES Service Bulletin No. F406–57, 

dated April 25, 2005. If corrosion is found, 

replace these parts before further flight 

(2) Initially lubricate the rudder bearings 

within 600 hours time-in-service or within 12 

months, whichever occurs first, after the 

effective date of this AD, and repetitively 

thereafter at intervals not to exceed 12 

months. During this step, remove the rudder 

to realize an optimum inspection and 

lubrication in accordance with the 

accomplishment instructions of Reims 

Aviation Industries Service Bulletin No. 

F406–57, dated April 25, 2005. 

Note 1: We have established the repetitive 

inspection times of this AD so that they may 

coincide with annual inspections. 

Note 2: We encourage you to put Reims 

temporary revision No. 4 into the 

maintenance program of the F406 airplane 

(chapter 5–10–01, page 17 of the 

maintenance manual). 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: We 

have added repetitive inspection 

requirements in the AD to coincide with the 

maintenance requirement in the service 

bulletin. 

Other FAA AD Provisions 

(f) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, ATTN: Mike Kiesov, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri, 

64106; telephone: (816) 329–4144; fax: (816) 

329–4090, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

(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 FAAapproved 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 

(44 U.S.C. 3501 et. seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(g) Refer to MCAI Direction ge ́ne ́rale de 

l’aviation civile (DGAC), which is the 

aviation authority for France, AD No. F–

2005–081, dated May 25, 2005; and REIMS 

AVIATION INDUSTRIES Service Bulletin 

No. F406–57, dated April 25, 2005, for 

related information. 

Issued in Kansas City, Missouri, on 

February 20, 2007. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–3399 Filed 2–26–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 145 

[Docket No. FAA–2006–26408] 

RIN 2120–AI53 

Repair Stations; Extension of 

Comment Period 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); extension of comment period. 

SUMMARY: This action extends the 

comment period for the Repair Stations 

NPRM, Docket No. FAA–2006–26408 

that was published on December 1, 

2006. In that document, the FAA 

proposed to amend the regulations for 

repair stations by revising the system of 

ratings and requiring repair stations to 

establish a quality program. The FAA 

also proposed additional changes 

critical to maintaining safety. On 

January 26, 2007, the Aeronautical 

Repair Station Association (ARSA) 

requested an extension to the comment 

period for this NPRM. The FAA has 

considered this request and decided to 

extend the comment period for 45 days. 

DATES: Comments must be received on 

or before April 16, 2007. 

ADDRESSES: You may send comments, 

identified by Docket Number FAA–

2006–26408, using any of the following 

methods: 

• 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: 1–202–493–2251. 

• 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 more information on the 

rulemaking process, see the 


sroberts on PROD1PC70 with PROPOSALS
8642 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov at any time or to 

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 FURTHER INFORMATION CONTACT: 

George W. Bean, General Aviation and 

Repair Station Branch, AFS–340, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–3109; facsimile: (202) 267–5115 or 

e-mail: George.W.Bean@faa.gov. 

SUPPLEMENTARY INFORMATION:

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

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

through Friday, except Federal holidays. 

You may also review the docket using 

the Internet at the Web address in the 

ADDRESSES section. 

Privacy Act: Using the search function 

of our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of an 

association, business, labor union, etc.). 

You may review 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. 

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change this proposal in light of the 

comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it to you. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search); 

(2) Visiting the Office of Rulemaking’s 

Web page at http://www.faa.gov/avr/ 

arm/index.cfm; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. You must mark the 

information that you consider 

proprietary or confidential. If you send 

the information on a disk or CD ROM, 

mark the outside of the disk or CD ROM 

and also identify electronically within 

the disk or CD ROM the specific 

information that is proprietary or 

confidential. 

Under 14 CFR 11.35(b), when we are 

aware of proprietary information filed 

with a comment, we do not place it in 

the docket. We hold it in a separate file 

to which the public does not have 

access, and place a note in the docket 

that we have received it. If we receive 

a request to examine or copy this 

information, we treat it as any other 

request under the Freedom of 

Information Act (5 U.S.C. 552). We 

process such a request under the DOT 

procedures found in 49 CFR part 7. 

Background 

On December 1, 2006, the Federal 

Aviation Administration (FAA) issued 

Notice of Proposed Rulemaking (NPRM) 

Repair Stations (71 FR 70254, 12/01/ 

2006). In that document, the FAA 

proposed to amend the regulations for 

repair stations by revising the system of 

ratings and requiring repair stations to 

establish a quality program. The FAA 

also proposed additional changes 

critical to maintaining safety. Comments 

to that document were to be received on 

or before March 1, 2007. 

By letter dated January 26, 2007, the 

Aeronautical Repair Station Association 

(ARSA) requested that the FAA extend 

the comment period for NPRM Repair 

Stations until June 1, 2007. ARSA 

represents international organizations 

involved in designing, producing, 

operating, and maintaining civil 

aviation products. The association is 

mainly made up of repair stations 

certificated under 14 CFR part 145. 

Their members will be directly and 

significantly impacted by the changes 

proposed in this rulemaking. ARSA 

requested an extension of the comment 

period by 90 days to provide sufficient 

time to collect and compile comments 

from its membership before submitting 

those comments to the FAA. 

While the FAA concurs with the 

ARSA’s request for an extension of the 

comment period on the Repair Stations 

NPRM, the FAA believes that a 90-day 

extension would be excessive. As the 

Repair Stations NPRM is lengthy, the 

FAA provided a 90-day comment 

period. Although the FAA agrees that 

additional time for comments may be 

needed by repair stations that would be 

affected by the proposal, this need must 

be balanced against the need to proceed 

expeditiously with this rulemaking. The 

FAA believes an additional 45 days 

would be adequate for ARSA to collect 

and compile comments from its 

membership and to provide meaningful 

comment on the Repair Stations NPRM 

to the FAA. This will also allow 

commenters who may have anticipated 

an extension in the comment period to 

submit their comments by a certain 

date. Absent unusual circumstances, the 

FAA does not anticipate any further 

extension of the comment period for 

this rulemaking. 

Extension of Comment Period 

In accordance with § 11.47(c) of Title 

14, Code of Federal Regulations, the 

FAA has reviewed the request made by 

ARSA for extension of the comment 

period to the Repair Stations, NPRM. 

ARSA has shown a substantive interest 

in the proposed rule and presented good 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Proposed Rules 8643 

cause for the extension. The FAA also 

has determined that extension of the 

comment period is consistent with the 

public interest, and that good cause 

exists for taking this action. 

Accordingly, the comment period for 

the Repair Stations, NPRM, Docket No. 

FAA–2006–26408, is extended until 

April 16, 2007. 

Issued in Washington, DC, February 20, 

2007. 

James J. Ballough, 

Director, Flight Standards Service, Aviation 

Safety. 

[FR Doc. E7–3331 Filed 2–26–07; 8:45 am] 

BILLING CODE 4910–13–P 

RAILROAD RETIREMENT BOARD 

20 CFR Part 230 

RIN 3220–AA61 

Reduction and Nonpayment of 

Annuities by Reason of Work 

AGENCY: Railroad Retirement Board. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The above mentioned 

regulation was previously published as 

a proposed rule on August 16, 1995 (60 

FR 42482). The Railroad Retirement 

Board has determined not to go final 

with that proposed rule and hereby 

withdraws the proposed rule to amend 

20 CFR Part 230. 

ADDRESSES: 844 North Rush Street, 

Chicago, Illinois 60611–2092. 

FOR FURTHER INFORMATION CONTACT: 

Marguerite P. Dadabo, Assistant General 

Counsel, Office of General Counsel, 

Railroad Retirement Board, (312) 751–

4945, FAX (312) 751–7102, TDD (312) 

751–4701. 

Dated: February 21, 2007. 

Beatrice Ezerski, 

Secretary to the Board. 

[FR Doc. 07–872 Filed 2–26–07; 8:45 am] 

BILLING CODE 7905–01–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 868 

[Docket No. 2007N–0019] 

Medical Devices; Anesthesiology 

Devices; Oxygen Pressure Regulators 

and Oxygen Conserving Devices 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is publishing a 

proposed rule to reclassify pressure 

regulators for use with medical oxygen, 

currently class I devices included in the 

generic type of device called pressure 

regulator, into class II, subject to special 

controls in the form of a guidance 

document. Pressure regulators for use 

with all other medical gases will remain 

in class I, subject only to general 

controls. FDA is also proposing to 

establish a separate classification 

regulation for oxygen conserving 

devices (or oxygen conservers), now 

included in the generic type of device 

called noncontinuous ventilator. 

Oxygen conserving devices will 

continue to be classified in class II, but 

those that incorporate a built-in oxygen 

pressure regulator will become subject 

to the special controls guidance if the 

rule is finalized. Elsewhere in this issue 

of the Federal Register, FDA is 

announcing the availability of a class II 

special controls draft guidance for 

industry and FDA staff entitled ‘‘Class II 

Special Controls Guidance Document: 

Oxygen Pressure Regulators and Oxygen 

Conserving Devices.’’ The agency is 

proposing this action because it believes 

that special controls are necessary to 

provide a reasonable assurance of safety 

and effectiveness for these devices. 

DATES: Submit comments by May 29, 

2007. FDA is proposing that any final 

rule based on this proposed rule be 

effective 2 years after the date of its 

publication in the Federal Register. 

ADDRESSES: You may submit comments, 

identified by Docket No. 2007N–0019, 

by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following ways: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web site: http:// 

www.fda.gov/dockets/ecomments. 

Follow the instructions for submitting 

comments on the agency Web site. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier [For 

paper, disk, or CD–ROM submissions]: 

Division of Dockets Management (HFA–

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

To ensure more timely processing of 

comments, FDA is no longer accepting 

comments submitted to the agency by email. FDA encourages you to continue 

to submit electronic comments by using 

the Federal eRulemaking Portal or the 

agency Web site, as described in the 

ADDRESSES portion of this document 

under Electronic Submissions. 

Instructions: All submissions must 

include the agency name and Docket 

No. for this rulemaking. All comments 

received may be posted without change 

to http://www.fda.gov/ohrms/dockets/ 

default.htm, including any personal 

information provided. For additional 

information on submitting comments, 

see section XII ‘‘What if I Have 

Comments to the Proposed Rule’’

heading in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http: // 

www.fda.gov/ohrms/dockets/ 

default.htm and insert the docket 

number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Christy Foreman, Center for Devices and 

Radiological Health (HFZ–340), Food 

and Drug Administration, 2094 Gaither 

Rd., Rockville, MD 20850, 240–276–

0120. 

SUPPLEMENTARY INFORMATION: 

I. What Are the Highlights of the 

Proposed Rule? 

The highlights of the proposed rule 

are as follows: 

• FDA is dividing the classification of 

pressure regulators into two 

classification regulations. 

• Pressure regulators for use with 

medical gases other than oxygen will 

remain in class I. 

• Pressure regulators for use with 

medical oxygen will be identified as 

‘‘oxygen pressure regulators’’ and will 

be reclassified into class II (special 

controls). 

• FDA is establishing a separate 

classification regulation for oxygen 

conserving devices, which are now 

included in the generic type of device 

called noncontinuous ventilators. 

• Both noncontinuous ventilators and 

oxygen conserving devices will remain 

in class II. 

• Oxygen conservers will be classified 

within their own class according to 

whether or not the device incorporates 

a built-in oxygen pressure regulator. 

• FDA is establishing a special 

controls guidance document for oxygen 

pressure regulators and oxygen 

conservers that have built-in oxygen 

pressure regulators entitled ‘‘Class II 

Special Controls Guidance Document: 

Oxygen Pressure Regulators and Oxygen 


sroberts on PROD1PC70 with PROPOSALS