12966 Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations 

manufacturers, and data on actual 

usage. 

(e) A State or covered person must 

send its report, and two copies, to DOE 

on official company or agency 

letterhead, and the report must be 

signed by a responsible company or 

agency official. Send to: Regulatory 

Manager, Alternative Fuel 

Transportation Program, FreedomCAR 

and Vehicle Technologies Program, EE–

2G/Forrestal Building, U.S. Department 

of Energy, 1000 Independence Avenue, 

SW., Washington, DC 20585. 

§ 490.806 Action on an application for 

waiver. 

(a) DOE grants or denies a complete 

waiver application within 45 business 

days after receipt of a complete 

application. 

(b) If DOE determines that an 

application is not complete in that 

sufficient information is not provided 

for DOE to make a determination, DOE 

notifies the State or covered person of 

the information that must be submitted 

to complete the application. 

(c) If DOE denies a waiver, and the 

State or covered person wishes to 

exhaust administrative remedies, the 

State or covered person must appeal 

within 30 days of the date of the 

determination, pursuant to 10 CFR part 

1003, subpart C, to the Office of 

Hearings and Appeals, U.S. Department 

of Energy, 1000 Independence Ave., 

SW., Washington, DC 20585. DOE’s 

determination shall be stayed during the 

pendency of an appeal under this 

paragraph. 

§ 490.807 Reporting requirement. 

(a) By December 31 following a model 

year for which an alternative 

compliance waiver is granted, a State or 

covered person must submit a report to 

DOE that includes: 

(1) A statement certifying: 

(i) The total number of petroleum 

gallons and/or alternative fuel gge used 

by the fleet during the waiver year in its 

covered light-duty vehicles; and 

(ii) The amount of petroleum motor 

fuel reduced by the fleet in the waiver 

year through alternative compliance. 

(b) A State or covered person must 

send its report to DOE on official 

company or agency letterhead, and the 

report must be signed by a responsible 

company or agency official. Send to: 

Regulatory Manager, Alternative Fuel 

Transportation Program, FreedomCAR 

and Vehicle Technologies Program, EE–

2G/Forrestal Building, U.S. Department 

of Energy, 1000 Independence Avenue, 

SW., Washington, DC 20585. 

§ 490.808 Use of credits to offset 

petroleum reduction shortfall. 

(a) If a State or covered person granted 

a waiver under this subpart wants to use 

alternative fueled vehicle credits 

purchased or earned pursuant to subpart 

F of this part to offset any shortfall in 

meeting the petroleum reduction 

required under § 490.803(a) of this 

subpart, it must make a written request 

to DOE. 

(1) The State or covered person must 

provide details about the particular 

circumstances that led to the shortfall 

and provide documentation that shows 

a good faith effort to meet the 

requirements. 

(2) DOE may request that a State or 

covered person supply additional 

information about the fleet and its 

operations if DOE deems such 

information necessary for a decision on 

the request. 

(b) If DOE grants the request, it 

notifies the State or covered person of 

the credit amount required to offset the 

shortfall. DOE derives the credit amount 

using the fleet’s fuel use per vehicle 

data. 

(c) DOE gives the State entity or 

covered person until March 31 

following the model year for which the 

waiver is granted, to acquire the number 

of credits required for compliance with 

this subpart. 

§ 490.809 Violations. 

If a State or covered person that 

receives a waiver under this subpart 

fails to comply with the petroleum 

motor fuel reduction or reporting 

requirements of this subpart, DOE will 

revoke the waiver. DOE may impose on 

the State or covered person a penalty 

under subpart G of this part. 

§ 490.810 Record retention. 

A State or covered person that 

receives a waiver under this subpart 

must retain documentation pertaining to 

its waiver application and alternative 

compliance, including petroleum fuel 

reduction by its fleet, for a period of 

three years following the model year for 

which the waiver is granted. 

[FR Doc. E7–5021 Filed 3–19–07; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26495; Directorate 

Identifier 2006–CE–80–AD; Amendment 39–

14997; AD 2007–06–16] 

RIN 2120–AA64 

Airworthiness Directives; Alpha 

Aviation Design Limited (Type 

Certificate No. A48EU Previously Held 

by APEX Aircraft and AVIONS PIERRE 

ROBIN) Model R2160 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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 references Alpha 

Aviation Service Bulletin AA–SB–28–

002, dated June 28, 2006, which 

describes the unsafe condition as: 

Development of the New Zealand 

produced Alpha 160A aircraft identified an 

issue with the fuel shut-off valve, where it 

may not be possible to switch the valve ON 

once the valve has been placed in the OFF 

position. This is due to friction in the shutoff system. 

The fuel shut-off valve, which is normally 

ON, is a safety feature to allow the pilot to 

stop fuel flow to the engine in an emergency 

situation such as a forced landing without 

power. The fuel shut-off control is guarded 

and requires a deliberate action by the pilot 

to operate. 

Not withstanding this, a hazardous 

situation is possible if the fuel shut-off valve 

is inadvertently switched OFF in flight and 

the pilot is not able to switch it back ON. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective April 

24, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 24, 2007. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., Nassif Building, Room PL–401, 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 


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Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations 12967 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; fax: (816) 

329–4090. 

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. The 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 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on January 8, 2007 (72 FR 674). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI references Alpha 

Aviation Service Bulletin AA–SB–28–

002, dated June 28, 2006, which states 

that: 

Development of the New Zealand 

produced Alpha 160A aircraft identified an 

issue with the fuel shut-off valve, where it 

may not be possible to switch the valve ON 

once the valve has been placed in the OFF 

position. This is due to friction in the shutoff system. 

The fuel shut-off valve, which is normally 

ON, is a safety feature to allow the pilot to 

stop fuel flow to the engine in an emergency 

situation such as a forced landing without 

power. The fuel shut-off control is guarded 

and requires a deliberate action by the pilot 

to operate. 

Not withstanding this, a hazardous 

situation is possible if the fuel shut-off valve 

is inadvertently switched OFF in flight and 

the pilot is not able to switch it back ON. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This 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 highlighted in 

a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

10 products of U.S. registry. We also 

estimate that it will take about 3 workhours per product to comply with basic 

requirements of this AD. The average 

labor rate is $80 per work-hour. 

Required parts will cost about $300 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $5,400, or 

$540 per product. 

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 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 this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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. 

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 the 

NPRM, 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. 

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: 

2007–06–16 Alpha Aviation Design Limited 

(Type Certificate No. A48EU previously 

held by APEX Aircraft and AVIONS 

PIERRE ROBIN): Amendment 39–14997; 

Docket No. FAA–2006–26495; 

Directorate Identifier 2006–CE–80–AD. 


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12968 Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Rules and Regulations 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 24, 2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model R2160 

airplanes, serial numbers 001 through 191, 

certificated in any category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) references 

Alpha Aviation Service Bulletin AA–SB–28–

002, dated June 28, 2006, which states that: 

Development of the New Zealand 

produced Alpha 160A aircraft identified an 

issue with the fuel shut-off valve, where it 

may not be possible to switch the valve ON 

once the valve has been placed in the OFF 

position. This is due to friction in the shutoff system. 

The fuel shut-off valve, which is normally 

ON, is a safety feature to allow the pilot to 

stop fuel flow to the engine in an emergency 

situation such as a forced landing without 

power. The fuel shut-off control is guarded 

and requires a deliberate action by the pilot 

to operate. 

Not withstanding this, a hazardous 

situation is possible if the fuel shut-off valve 

is inadvertently switched OFF in flight and 

the pilot is not able to switch it back ON. 

Actions and Compliance 

(e) Unless already done, do the following 

actions: 

(1) To prevent the shut-off valve from 

remaining partially closed when the selector 

is turned to the ON position, due to the 

possibility of excess friction in the fuel shutoff valve causing deflection of the push pull 

cable, accomplish the inspection and rework 

instructions in Alpha Aviation Service 

Bulletin AA–SB–28–002, dated June 28, 

2006, within 25 hours time-in-service (TIS) 

after the effective date of this AD. 

(2) If the fuel shut-off valve cable is bent, 

replace the cable per Alpha Aviation Service 

Bulletin AA–SB–28–002, before further 

flight. 

(3) If the force required to operate the fuel 

shut-off valve exceeds the limits specified in 

Alpha Aviation Service Bulletin AA–SB–28–

002, dated June 28, 2006, rework or replace 

the valve as required, per Alpha Aviation 

Service Bulletin AA–SB–28–002, dated June 

28, 2006, before further flight. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

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: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found 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. 

(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 

(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 Airworthiness Authority 

of New Zealand AD DCA/R2000/39, dated 

August 31, 2006; and Alpha Aviation Service 

Bulletin AA–SB–28–002, dated June 28, 

2006, for related information. 

Material Incorporated by Reference 

You must use Alpha Aviation Service 

Bulletin AA–SB–28–002 (Service Bulletin 

number is indicated at top of page), dated 

June 28, 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 Alpha Aviation Design Ltd., 

Ingram Road, Hamilton Airport, R.D.2. 

Hamilton 3282, New Zealand. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Room 506, Kansas City, 

Missouri 64106; 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 Kansas City, Missouri, on March 

9, 2007. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–4861 Filed 3–19–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9264] 

RIN 1545–BG49 

Guidance Necessary To Facilitate 

Business Electronic Filing and Burden 

Reduction; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction notice. 

SUMMARY: This document contains a 

correction to final and temporary 

regulations (TD 9264) that were 

published in the Federal Register on 

Tuesday, May 30, 2006 (71 FR 30591) 

affecting taxpayers that file Federal 

income tax returns. They simplify, 

clarify, or eliminate reporting burdens 

and also eliminate regulatory 

impediments to the electronic filing of 

certain statements that taxpayers are 

required to include on or with their 

Federal income tax returns. 

DATES: The correction is effective May 

30, 2006. 

FOR FURTHER INFORMATION CONTACT: Grid 

Glyer, (202) 622–7930 (not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final and temporary regulations 

that are the subject of the correction are 

under sections 279, 302, 331, 332, 338, 

351, 355, 368, 381, 382, 1081, 1221, 

1502, 1563, and 6012 of the Internal 

Revenue Code. 

Need for Correction 

As published, final and temporary 

regulations (TD 9264) contain an error 

that may prove to be misleading and is 

in need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

final and temporary regulations (TD 

9264), which were the subject of FR 

Doc. 06-4873, is corrected as follows: 

On page 30591, in the document 

heading, the language ‘‘RIN 1545–BF26’’

is corrected to read ‘‘RIN 1545–BG49’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. E7–4962 Filed 3–19–07; 8:45 am] 

BILLING CODE 4830–01–P 


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