Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Proposed Rules 15635 

(3) The 50-hour TIS repetitive inspection 

interval required in paragraph (f)(1) of this 

AD is terminated when the joint assembly 

has been replaced with the new joint 

specified in paragraph (f)(2) of this AD. 

(4) At 1,000-hour TIS intervals after the 

replacement specified in paragraph (f)(2) of 

this AD, inspect the universal joints in the 

fuel selector shaft as specified in Diamond 

Aircraft DA 40 Series Temporary Revision to 

the Airplane Maintenance Manual (AMM), 

AMM–TR–MA ̈ M–40–142/a, Fuel Tank 

Selector, Doc. No. 6.02.01, Section 25–20–00, 

page 28a, dated May 23, 2005. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: The MCAI 

incorporates the repetitive inspection 

requirement for the new joint assembly, P/N 

D41–2823–20–00 rev ‘‘a’’ or higher, into the 

AMM. In order for this inspection to be 

required for U.S.-owner/operators, we are 

incorporating the 1,000-hour repetitive 

inspection into this AD. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, Small Airplane Directorate, ATTN: 

Sarjapur Nagarajan, Aerospace Engineer, 901 

Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4145; 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 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No. 2006–0067, 

dated March 24, 2006; and Diamond Aircraft 

Industries GmbH Mandatory Service Bulletin 

No. MSB 40–030/3, dated January 31, 2006, 

for related information. 

Issued in Kansas City, Missouri, on March 

27, 2007. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–6012 Filed 3–30–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27530; Directorate 

Identifier 2007–CE–019–AD] 

RIN 2120–AA64 

Airworthiness Directives; APEX 

Aircraft (formerly Avions Mudry et CIE) 

Model CAP 10 B Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Two cases of rudder lower support with 

cracks have been reported, waiting for a 

technical solution * * * 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by May 2, 2007. 

ADDRESSES: You may send comments by 

any of the following methods: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• 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. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

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 this 

proposed AD, 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. 

FOR FURTHER INFORMATION CONTACT: 

Sarjapur Nagarajan, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329–

4145; 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. This 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 proposed AD references the 

MCAI and related service information 

that we considered in forming the 

engineering basis to correct the unsafe 

condition. The proposed AD contains 

text copied from the MCAI and for this 

reason might not follow our plain 

language principles. 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–27530; Directorate Identifier 

2007–CE–019–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because 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 we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No. F–2004–

143, dated August 18, 2004 (referred to 

after this as ‘‘the MCAI’’), to correct an 


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15636 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Proposed Rules 

unsafe condition for the specified 

products. The MCAI states: 

Two cases of rudder lower support with 

cracks have been reported, waiting for a 

technical solution * * * 

The MCAI requires: 

* * * inspections are required. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

APEX Aircraft has issued Apex 

Aircraft Service Bulletin No. 040707, 

dated July 29, 2004. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed 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 proposed 

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 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 31 products of U.S. registry. 

We also estimate that it would take 

about 8 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $19,840, or $640 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 5 work-hours and require parts 

provided by APEX Aircraft under 

warranty, for a cost of $400 per product. 

We have no way of determining the 

number of products that may need these 

actions. 

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 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 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

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

DOT Regulatory Policies and Procedures 

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

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this 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: 

APEX AIRCRAFT (formerly Avions Mudry 

et CIE) (Type Certificate No. A36EU 

formerly held by AVIONS MUDRY et 

CIE): Docket No. FAA–2007–27530; 

Directorate Identifier 2007–CE–019–AD. 

Comments Due Date 

(a) We must receive comments by May 2, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model CAP 10 B 

airplanes fitted with a rudder lower support, 

part number (P/N) CAP10–30–08–01* or 

CAP230–30–08–01* (* with or without a 

letter at the reference end), as applicable, 

supplied by APEX Aircraft after January 1, 

2001 (supplied as spare part or incorporated 

in production), all serial numbers, 

certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 55: Stabilizers. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Two cases of rudder lower support with 

cracks have been reported, waiting for a 

technical solution * * * 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within the next 50 hours time-inservice (TIS) after the effective date of this 

AD, do inspection A using Apex Aircraft 

Service Bulletin No. 040707, dated July 29, 

2004. 

(2) Every 50 hours TIS after the inspection 

required by paragraph (f)(1) of this AD, do 

inspection B using Apex Aircraft Service 

Bulletin No. 040707, dated July 29, 2004. 

(3) When a crack is detected as a result of 

any inspection required by paragraph (f)(1) or 

(f)(2) of this AD, before further flight, return 

the part to APEX Aviation using Apex 

Aircraft Service Bulletin No. 040707, dated 

July 29, 2004. Continued operation with any 

rudder lower support with cracks is 

prohibited. 

(4) As of the effective date of this AD, do 

not install a rudder lower support, P/N 

CAP10–30–08–01* or CAP230–30–08–01*, 

unless it is inspected and found to be crack 

free per the requirements of this AD. 


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Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Proposed Rules 15637 

1Commission regulations referred to herein are 

found at 17 CFR Ch. I (2006). References to trading 

on U.S. DCMs or DTEFs shall include trading that 

is subject to the rules of such entities as well. 

2See discussion of proposed new Regulation 

1.3(yy) defining the term ‘‘commodity interest,’’

infra. 

3 7 U.S.C. 1a(20) (2000). See also Regulation 

1.3(p). The definitions of CPO, CTA and IB 

similarly are applicable to transactions entered into 

on U.S. markets without regard to the location of 

the intermediary. See 7 U.S.C. 1a(5), (6) and (23), 

respectively. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: The MCAI 

and service bulletin require inspection A 

before the next flight and inspection B every 

25 flight hours. We consider before the next 

flight as an urgent safety of flight compliance 

time, and we do not consider this unsafe 

condition to be an urgent safety of flight 

condition. Because we do not consider this 

unsafe condition to be an urgent safety of 

flight condition, we issued this action 

through the normal notice of proposed 

rulemaking (NPRM) AD process. The time of 

50 hours TIS is an adequate compliance for 

this AD action and meets the FAA 

requirements of an NPRM. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, ATTN: Sarjapur Nagarajan, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4145; 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 

(h) Refer to MCAI EASA AD No. F–2004–

143, dated August 18, 2004; and Apex 

Aircraft Service Bulletin No. 040707, dated 

July 29, 2004, for related information. 

Issued in Kansas City, Missouri, on March 

27, 2007. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E7–6015 Filed 3–30–07; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 1, 3, 4, 15 and 166 

RIN 3038–AC26 

Exemption From Registration for 

Certain Foreign Persons 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Proposed rules. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’) is 

proposing to amend Commission 

Regulation 3.10 regarding the 

registration of firms located outside the 

U.S. that are engaged in commodity 

interest activities with respect to trading 

on U.S. designated contract markets 

(‘‘DCMs’’) and U.S. derivative 

transaction execution facilities 

(‘‘DTEFs’’).1 The amended regulation 

would codify past actions of the 

Commission or its staff permitting 

certain foreign firms that limit their 

customers to foreign customers to 

submit U.S. DCM and DTEF business on 

behalf of those customers for clearing on 

an omnibus basis through a registered 

futures commission merchant (‘‘FCM’’), 

without the foreign firm having to 

register as an FCM pursuant to section 

4d of the Commodity Exchange Act 

(‘‘Act’’). 

DATES: Comments must be received on 

or before May 2, 2007. 

ADDRESSES: Comments may be 

submitted, identified by RIN 3038–

AC26, by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: secretary@cftc.gov. Include 

‘‘Exemption from Registration for 

Certain Foreign Persons’’ in the subject 

line of the message. 

• Fax: 202/418–5521. 

• Mail or Courier: Send to Eileen A. 

Donovan, Acting Secretary, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st St., NW., 

Washington, DC 20581. 

All comments received will be posted 

without change to http://www.cftc.gov, 

including any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence B. Patent, Deputy Director, or 

Andrew V. Chapin, Special Counsel, at 

(202) 418–5430, Division of Clearing 

and Intermediary Oversight, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC 20581. Electronic mail: 

1patent@cftc.gov or achapin@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

A. Registration Requirements for 

Commodity Interest Activities on U.S. 

Markets 

Part 3 of the Commission’s regulations 

governs the registration of 

intermediaries engaged in the offer and 

sale of, and providing advice 

concerning, futures and commodity 

options traded on U.S. markets, 

including both DCMs and DTEFs. In 

particular, Regulation 3.10 sets forth the 

manner in which FCMs, introducing 

brokers (‘‘IBs’’), commodity trading 

advisors (‘‘CTAs’’), commodity pool 

operators (‘‘CPOs’’) and leverage 

transaction merchants must apply for 

registration with the Commission. 

Regulation 3.10(c) also provides an 

exemption from registration for certain 

persons. Currently, the only exemption 

from registration as an FCM is for any 

person trading solely for proprietary 

accounts, as defined in Regulation 

1.3(y). 

With respect to registration, the Act 

does not distinguish between an 

intermediary located within or outside 

the U.S., nor does that Act distinguish 

between a firm conducting commodity 

interest 2 activities on behalf of U.S. 

persons and those conducting such 

activities solely on behalf of persons 

located outside the U.S. For example, 

Section 1a(20) of the Act defines an 

FCM as a person that is 

(A) Engaged in soliciting or accepting 

orders for the purchase or sale of any 

commodity for future delivery on or subject 

to the rules of any contract market or 

derivatives transaction execution facility; and 

(B) in or in connection with such solicitation 

or acceptance of orders, accepts any money, 

securities or property (or extends credit in 

lieu thereof) to margin, guarantee, or secure 

any trades or contracts that result or may 

result therefrom.3

Section 4d(a) of the Act states that: 

[I]t shall be unlawful for any person to 

engage as [an FCM] * * * in soliciting or 

accepting orders for the purchase or sale of 

any commodity for future delivery, or 

involving any contracts of sale of any 

commodity for future delivery, on or subject 

to the rules of any contract market or 


rmajette on PROD1PC67 with PROPOSALS