14724 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 

maintenance program manual, the general 

revisions may be inserted in the applicable 

maintenance program manual and the copy 

of the task may be removed from the 

maintenance program manual. 

TABLE 1.—TASKS

Task— Dated—

To the 

program 

support manual 

(PSM)—

For model—

Dash 8 Series 100 Maintenance Task 

Card 3210/15.

June 22, 2005 ........................................ 1–8–7 DHC–8–100 Series Airplanes. 

Dash 8 Series 200 Maintenance Task 

Card 3210/15.

June 22, 2005 ........................................ 1–82–7 DHC–8–200 Series Airplanes. 

Dash 8 Series 300 Maintenance Task 

Card 3210/15.

November 29, 2005 ............................... 1–83–7 DHC–8–300 Series Airplanes. 

Parts Installation 

(h) After the effective date of this AD, no 

person may install a part identified in 

paragraphs (h)(1) and (h)(2) of this AD, as a 

replacement during the repair or overhaul of 

any shock strut assembly, on any airplane. 

(1) Upper bearing, part number 10130–3 or 

10130–551. 

(2) Damper ring, part number 10129–3 or 

10129–551. 

(i) After the effective date of this AD, only 

the parts identified in paragraphs (i)(1) and 

(i)(2) of this AD may be installed on any 

airplane as replacement upper bearings and 

damper rings during the repair or overhaul of 

any shock strut assembly, except as provided 

by paragraph (j) of this AD. 

(1) Upper bearing, part number 10130–5. 

(2) Damper ring, part number 10129–5 or 

10129–533. 

(j) After the effective date of this AD, only 

MLGs with a reworked, oversize cylinder 

bore (part number identified in the 

applicable component maintenance manual 

(CMM)) that have parts identified in 

paragraphs (j)(1), (j)(2), and (j)(3) of this AD 

used in accordance with the applicable CMM 

may be installed on any airplane. 

(1) Upper bearing, part number CRS85–

167–11. 

(2) Damper ring, part number CRS85–167–

31 or CRS85–167–33. 

(3) Seal carrier, part number CRS85–167–

21. 

Credit for Actions Done Using Previous 

Service Information 

(k) Modifications accomplished before the 

effective date of this AD in accordance with 

Bombardier Service Bulletin 8–32–144, dated 

August 10, 1998, including Messier-Dowty 

Service Bulletin M–DT SBDCH8–32–82, 

dated March 9, 1998, are considered 

acceptable for compliance with the 

corresponding actions specified in this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(l)(1) The Manager, New York 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) 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. 

Related Information 

(m) Canadian airworthiness directive CF–

2006–14, effective July 21, 2006, also 

addresses the subject of this AD. 

Issued in Renton, Washington, on March 

20, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5668 Filed 3–28–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–26966; Directorate 

Identifier 99–NE–01–AD] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Corporation AE 3007A and AE 3007C 

Series Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) for Rolls-Royce 

Corporation (RRC) AE 3007A and AE 

3007C series turbofan engines. That AD 

currently prohibits any flight following 

a ground engine start where the engine 

oil temperature is below 32 °F (0 °C), 

unless certain preflight operational 

procedures are followed. This proposed 

AD would also require those actions, 

and would also require a terminating 

action. This proposed AD would 

supersede the compliance requirements 

of AD 99–02–51 and all related 

alternative methods of compliance 

(AMOCs). This proposed AD results 

from design improvements to 

components in the accessory gearbox air 

turbine starter mounting pad. We are 

proposing this AD to prevent an inflight engine shutdown due to loss of 

engine oil from the starter shaft seal. 

DATES: We must receive any comments 

on this proposed AD by May 29, 2007. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

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–

0001. 

• 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 Rolls-Royce Corporation, P.O. 

Box 420, Indianapolis, IN 46206; 

telephone (317) 230–3774; fax (317) 

230–8084; e-mail: 

indy.pubs.services@rolls-royce.com, to 

get the service information identified in 

this proposed AD. 

FOR FURTHER INFORMATION CONTACT: Kyri 

Zaroyiannis, Aerospace Engineer, 

Chicago Aircraft Certification Office, 

Small Airplane Directorate, FAA, 2300 

E. Devon Ave., Des Plaines, IL 60018; 

telephone (847) 294–7836; fax (847) 

294–7834. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 14725 

2007–26966; Directorate Identifier 99–

NE–01–AD’’ in the subject line of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed 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 proposed AD. 

Using the search function of the DMS 

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 AD Docket 

You may examine the docket that 

contains the proposal, any comments 

received and any final disposition in 

person at the Docket Management 

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

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

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

level of the Department of 

Transportation Nassif Building at the 

street address stated in ADDRESSES. 

Comments will be available in the AD 

docket shortly after the DMS receives 

them. 

Docket Number Change 

We are transferring the docket for this 

proposed AD to the Docket Management 

System as part of our on-going docket 

management consolidation efforts. The 

new Docket No. is FAA–2007–26966. 

The old Docket No. became the 

Directorate Identifier, which is 99–NE–

01–AD. 

Discussion 

On March 29, 1999, we issued AD 99–

02–51, Amendment 39–11108 (64 FR 

16339, April 5, 1999), applicable to RRC 

AE 3007A and AE 3007C series turbofan 

engines. That AD prohibits any flight 

following a ground engine start where 

the engine oil temperature is below 32 

°F (0 °C), unless certain preflight 

operational procedures are followed to 

ensure that there is no excessive loss of 

oil from leakage at the air turbine starter 

shaft. That action resulted from reports 

of in-flight engine shutdowns attributed 

to loss of engine oil from the starter 

shaft seal. 

Since we issued AD 99–02–51, RRC, 

Cessna Aircraft Company, and Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) issued Service Bulletins 

(SBs) that describe a procedure to install 

a cap on the accessory gearbox starter 

pad drain fitting to prevent rapid engine 

oil loss during flight. These SBs were 

approved in 1999 as AMOCs to the 

requirements of AD 99–02–51. In 

September 2001, RRC developed singleand multi-orifice restrictors that were 

approved for use also as an AMOC that 

replaced the drain fitting cap in the 

previous AMOCs. RRC has since 

improved the design for the multiorifice restrictor which is also approved 

as an AMOC. Since we approved these 

AMOCs, RRC released an improved seal 

for the accessory gearbox air turbine 

starter mounting pad. On January 19, 

2006, we approved a terminating action 

AMOC incorporating the improved seal. 

That AMOC requires no cap or restrictor 

on the starter drain, but does not require 

removal of those components either. 

This proposed AD would mandate the 

removal of the AMOC configurations 

incorporating caps or restrictors and the 

installation of an open drain adapter. 

Relevant Service Information 

We have reviewed and approved the 

technical contents of the following RRC 

SBs: 

• SB No. AE 3007A–72–321 AE 

3007C–72–250, Revision 2, which 

describes procedures for installing an 

improved starter shaft seal. 

• SB No. AE 3007C–72–223, Revision 

1, and SB No. AE 3007A–72–330, 

Revision 1, which describe procedures 

for installing an open starter drain 

adapter. 

• SB No. AE 3007A–72–274, Revision 

1, which describes procedures for 

removing the drain cap or starter drain 

adapter on AE 3007A series engines. 

The SB issue dates do not appear in 

this proposed AD because we agreed to 

allow RRC to assign the final rule AD 

issue date to them, as they want to 

reference the AD number in the SBs. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other products of this same 

type design. We are proposing this AD, 

which would: 

• Prohibit before further flight, any 

flight following a ground engine start 

where the engine oil temperature is 

below 32 °F (0 °C), unless certain 

preflight operational procedures are 

followed to ensure that there is no 

excessive loss of oil from leakage at the 

air turbine starter shaft; and 

• Require terminating action to the 

prohibition requirements of the existing 

AD, by removing from service certain 

seal P/Ns from the accessory gearbox air 

turbine starter mounting pad and 

installing an improved seal; and 

• Require removing certain P/N drain 

caps, drain adapters, and orifice inserts, 

and installing an open adapter on the 

starter pad drain. 

The proposed AD would require that 

you do these actions using the service 

information described previously. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 1,868 RRC AE 3007A and 

AE 3007C series turbofan engines 

installed on aircraft of U.S. registry. We 

also estimate that it would take about 4 

work-hours per engine to perform the 

proposed terminating action, and that 

the average labor rate is $80 per workhour. Required parts would cost about 

$2,917 per engine. Based on these 

figures, if all engines incorporated the 

terminating action, we estimate the total 

cost of the proposed AD to U.S. 

operators to be $6,046,100. 

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 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed 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 


pwalker on PROD1PC71 with PROPOSALS
14726 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that the proposed AD: 

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. Would 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. See the ADDRESSES

section for a location to examine the 

regulatory evaluation. 

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 Federal Aviation Administration 

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 

removing Amendment 39–11108 (64 FR 

16339, April 5, 1999) and by adding a 

new airworthiness directive to read as 

follows: 

Rolls-Royce Corporation (formerly Allison 

Engine Company, Inc.): Docket No. 

FAA–2007–26966; Directorate Identifier 

99–NE–01–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by May 

29, 2007. 

Affected ADs 

(b) This AD supersedes AD 99–02–51, 

Amendment 39–11108. 

Applicability 

(c) This AD applies to Rolls-Royce 

Corporation (RRC) (formerly Allison Engine 

Company, Inc.) AE 3007A and AE 3007C 

series turbofan engines. These engines are 

installed on, but not limited to, Cessna 

Aircraft Company 750 series, and Empresa 

Brasileira de Aeronautica S. A. (EMBRAER) 

EMB–135 and EMB–145 series airplanes. 

Unsafe Condition 

(d) This AD results from design 

improvements to components in the 

accessory gearbox air turbine starter 

mounting pad. We are issuing this AD to 

prevent an in-flight engine shutdown due to 

loss of engine oil from the starter shaft seal. 

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. 

Prohibited Flights 

(f) All flights after ground engine starts at 

engine oil temperatures below 32 °F (0 °C), 

are prohibited except as follows: 

(1) If the engine oil temperature has 

dropped below 32 °F (0 °C), before flight, 

perform a high-power leak check on each 

engine (at least three minutes at takeoff 

power). 

(2) Oil consumption greater than 0.32 quart 

per hour (303 cc per hour) is not permitted. 

Instructions for performing the high-power 

leak check for the AE 3007A series engines 

can be found in the Rolls-Royce AE 3007A 

Series Maintenance Manual, TASK 72–00–

00–700–801, SUBTASK 72–00–00–790–002. 

Leak check limits for the AE 3007A series 

engines can be found in the Rolls-Royce AE 

3007A Series Maintenance Manual, TASK 

71–00–00–200–801. 

(3) Instructions for performing the highpower leak check for the AE 3007C series 

engines (including leak check limits) can be 

found in the Rolls-Royce AE 3007C Series 

Maintenance Manual, TASK 72–00–00–700–

801, SUBTASK 72–00–00–790–002. 

Terminating Action 

(g) No later than September 30, 2009, as 

terminating action to the requirements in 

paragraph (f) through (f)(3) of this AD, do the 

following, as applicable to your engine model 

and configuration: 

(1) Remove seal part number (P/N) 42520–

71, 42520–196–X, 99004–1–6, 42520–75, or 

42520–167, from the accessory gearbox 

(AGB) air turbine starter mounting pad. 

(2) Install a new seal, P/N AS3209–026, or 

other serviceable part, to the shaft of the 

starter mounting pad. 

(3) Install a new bearing locknut, P/N 

42520–170, or other serviceable part, and an 

AGB air turbine starter mounting pad 

mechanical seal, P/N 42520–192, or other 

serviceable part. 

(4) Use paragraphs 2. through 2.G. of the 

Accomplishment Instructions of RRC Service 

Bulletin (SB) No. AE 3007A–72–321 / AE 

3007C–72–250, Revision 2, to do the 

removals and installations. 

(5) For AE 3007A series engines, remove 

the drain cap or starter drain adapter. Use 

paragraphs 2. through 2.C.(4)(c) of the 

Accomplishment Instructions of RRC SB No. 

AE 3007A–72–274, Revision 1, to do the 

removal. 

(6) For AE 3007A series engines, install an 

open starter drain adapter. Use paragraphs 2. 

through 2.C.(2) of the Accomplishment 

Instructions of RRC SB No. AE 3007A–72–

330, Revision 1, to do the installation. 

(7) For AE 3007C series engines, install an 

open starter drain adapter. Use paragraphs 2. 

through 2.E.(2) of the Accomplishment 

Instructions of RRC SB No. AE 3007C–72–

223, Revision 1, to do the installation. 

Definition 

(h) A serviceable part is any FAA-approved 

part not being removed from service, or not 

otherwise specifically addressed by this AD 

action. Serviceable parts may be available 

from the original equipment manufacturer or 

through Part Manufacturer Approval sources. 

Prohibition of Seals 

(i) Once the terminating action in this AD 

is performed on an engine, seal P/Ns 42520–

71, 42520–196–X, 99004–1–6, 42520–75, and 

42520–167, are prohibited from being 

installed on the air starter mounting pad. 

Previous Credit 

(j) Previous credit is allowed for the 

terminating action in paragraphs (g)(1) 

through (g)(7) of this AD, that was done using 

the Accomplishment Instructions of the SBs 

listed in the following Table 1, before the 

effective date of this AD: 

TABLE 1.—SBS ALLOWING PREVIOUS CREDIT

For AE 3007A Series Engines 

(1) Engine—Accessory Drive Gearbox Assembly—New Starter Shaft Seal; RRC SB No. AE 3007A–72–321/AE 3007C–72–250, Revision 1, 

dated November 7, 2005; and 

(2) Engine—Accessory Gearbox Starter Pad Drain—Remove The Drain Cap or Starter Drain Adapter; RRC SB No. AE 3007A–72–274, dated 

January 19, 2006; and 

(3) Engine—Accessory Gearbox Starter Pad Drain—Install the Open Starter Drain Adapter (23083402 or 23077526); RRC SB No. AE 3007A–

72–330, dated January 19, 2006. 

For AE 3007C Series Engines 

(4) Engine—Accessory Drive Gearbox Assembly—New Starter Shaft Seal; RRC SB No. AE 3007A–72–321/AE 3007C–72–250, Revision 1, 

dated November 7, 2005; and 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 14727 

TABLE 1.—SBS ALLOWING PREVIOUS CREDIT—Continued 

(5) Engine—Accessory Gearbox Starter Pad Drain—Install the Open Starter Drain Adapter (23077526 or 23083403); RRC SB No. AE 3007C–

72–223, dated January 19, 2006. 

Alternative Methods of Compliance (AMOC) 

(k) The Manager, Chicago Aircraft 

Certification Office, has the authority to 

approve AMOCs for this AD if requested 

using the procedures found in 14 CFR 39.19. 

(l) AMOCs approved for AD 99–02–51 are 

not approved as AMOCs for this AD. 

Related Information 

(m) Contact Kyri Zaroyiannis, Aerospace 

Engineer, Chicago Aircraft Certification 

Office, Small Airplane Directorate, FAA, 

2300 E. Devon Ave., Des Plaines, IL 60018; 

e-mail: kyri.zaroyiannis@faa.gov; telephone 

(847) 294–7836; fax (847) 294–7834, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

March 23, 2007. 

Francis A. Favara, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–5775 Filed 3–28–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

[New Docket No. OSHA—2007–0012, Old 

Docket No. S–204A] 

RIN 1218–AC02 

Notice of Availability of the Regulatory 

Flexibility Act Review of the 

Occupational Safety Standard for 

Excavations 

AGENCY: Occupational Safety and Health 

Administration, Department of Labor. 

ACTION: Notice of availability. 

SUMMARY: The Occupational Safety and 

Health Administration (OSHA) has 

completed a review of its Excavations 

Standard pursuant to section 610 of the 

Regulatory Flexibility Act and section 5 

of Executive Order 12866 on Regulatory 

Planning and Review. In 1989, OSHA 

issued a final, revised Excavations 

Standard to reduce deaths and injuries 

from excavation and trenching activities 

in the construction industry. This 

regulatory review concludes that the 

1989 Excavations Standard has reduced 

deaths from approximately 90 to 70 per 

year while real construction activity has 

increased by 20%. The review also 

concludes that the Standard has not had 

a negative impact on small business, 

that the cost of control technology has 

been reduced, that the Standard is 

understandable and does not conflict 

with other rules, and that commenters 

agree that the Standard should be 

retained. Based on this review, OSHA 

concludes that the Excavations Standard 

should remain in effect, but OSHA will 

issue some improved guidance and 

training materials, based on commenters 

suggestions. 

ADDRESSES: Copies of the entire report 

may be obtained from the OSHA 

Publication Office, Room N–3101, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–1888; 

Fax (202) 693–2498. The full report, 

comments, and referenced documents 

are available for review at the OSHA 

Docket Office, New Docket No. OSHA–

2007–0012, Old Docket No. S–204A, 

Room N–2625, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–2350 (OSHA’s TTY 

number is (877) 889–5627). OSHA’s 

Docket Office hours of operation are 

8:15 a.m. to 4:45 p.m., e.t. The main text 

of the report, this Federal Register 

Notice and any news releases will 

become available at the OSHA Webpage 

at http://www.OSHA.gov. Electronic 

copies of this Federal Register 

Document, the full text of the report, 

comments and referenced documents 

are or will become available at http:// 

www.regulations.gov 

FOR FURTHER INFORMATION CONTACT: 

General information: Joanna Dizikes 

Friedrich, OSHA Directorate of 

Evaluation and Analysis, Room N–3641, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–1939. 

Technical inquiries about the 

Excavations Standard: Garvin Branch, 

OSHA, Directorate of Construction, 

Room N–3468, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2020. Press inquiries: Elaine Fraser, 

OSHA Office of Communications, N–

3637, 200 Constitution Avenue, NW., 

Washington DC 20210; telephone (202) 

693–1999. 

SUPPLEMENTARY INFORMATION: The 

Occupational Safety and Health 

Administration (OSHA) has completed a 

‘‘lookback’’ review of its Excavations 

Standard, 29 CFR part 1926, Subpart P, 

§§ 1926.650 to 1926.652 and 

Appendices A to F, titled ‘‘Regulatory 

Review of 29 CFR part 1926, Subpart P: 

Excavations, March 2007’’ (‘‘Regulatory 

Review’’). This Federal Register 

document announces the availability of 

the Regulatory Review and briefly 

summarizes it. 

The Regulatory Review was 

undertaken pursuant to and meets the 

requirements of section 610 of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) and section 5 of Executive Order 

12866 (59 FR 51739, Oct 4, 1993). The 

purpose of a review under section 610 

of the Regulatory Flexibility Act is to 

determine whether a rule should be 

continued without change, or should be 

amended or rescinded, consistent with 

the stated objectives of applicable 

statutes to minimize any significant 

impact of the rule on a substantial 

number of small entities. In making this 

determination, the Agency considers the 

following factors: 

(1) The continued need for the rule; 

(2) The nature of complaints or 

comments received concerning the rule 

from the public; 

(3) The complexity of the rule; 

(4) The extent to which the rule 

overlaps, duplicates or conflicts with 

other Federal rules; and to the extent 

feasible, with state and local 

governmental rules; and 

(5) The length of time since the rule 

has been evaluated and the degree to 

which technology, economic conditions, 

or other factors have changed in the 

areas affected by the rule. 

Under section 5 of Executive Order 

12866, agencies examine whether rules 

have become unjustified or unnecessary 

as a result of changed circumstances, 

whether they are both compatible with 

other rules and not duplicative or 

inappropriately burdensome in the 

aggregate, whether they are consistent 

with the President’s priorities and the 

principles set forth in the Executive 

Order, within applicable law, and 

whether their effectiveness can be 

improved. 

On October 31, 1989, OSHA issued a 

final, revised Standard for excavation 

and trenching, at 54 FR 45894. The 

revision updated the previous standard 

by simplifying many of the existing 

provisions, adding and clarifying 

definitions, eliminating duplicate 

provisions and ambiguous language, 

and giving employers added flexibility 

in providing protection for employees. 

In addition, the Standard provided 

several new appendices. One appendix 

provided a consistent method of soil 

classification. Others provided sloping 


pwalker on PROD1PC71 with PROPOSALS