Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Rules and Regulations 15613 

36TWG05453, or 36WF058058 through 

36WG058124, or 366WE056944 through 

366WF057061, or 366WF057150 through 

366WF057232, or 366WF057259 through 

366WG057534, or 366WG057556, 

366WG057569, 366WG057598, 

366WG057616, 366WG057621, 

366WG057624, or 366WJ057770 through 

366WJ057776, or 366WL058131 no later than 

150 hours total time-in-service (TIS) to 

preclude cylinder head fatigue failure and 

separation at the head-to-barrel threaded 

interface. 

(h) For cylinder assemblies with more than 

150 hours total TIS on the effective date of 

this AD, a 10 hour TIS extension is permitted 

for the purpose of flying the aircraft to a 

location where maintenance action can be 

done to meet the requirements of this AD. 

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

not install any cylinder assemblies with P/Ns 

SA47000L–A1, SA47000L–A20P, SA47000S–

A1, SA47000S–A20P, SA47000S–A21P, 

SA52000–A1, SA52000–A20P, SA52000–

A21P, SA52000–A22P, SA52000–A23P, 

SA55000–A1, or SA55000–A20P,or 

SL32000W–A1, SL32000W–A20P, 

SL32000W–A21P, SL32000WH–A1, 

SL32000WH–A20P, SL32006W–A1, 

SL32006W–A20P, SL32006W–A21P, 

SL36000TW–A1, SL36000TW–A20P, 

SL36000TW–A21P, SL36000TW–A22P, 

SL36000W–A1, SL36000W–A20P, 

SL36000W–A21P, SL36006W–A1, 

SL36006W–A20P, or SL36006W–A21P with 

a serial number of 47LE053559 through 

47LF053643, or 47SE054212 through 

47SF054251, or 52D0531708 through 

52H0532197, or 55E05223 through 

55G05289, or 32WE059006 through 

32WF059067, or 32WHE05379 through 

32WHE05392, or 326WF055517 through 

326WF055532, or 36TWF05430 through 

36TWG05453, or 36WF058058 through 

36WG058124, or 366WE056944 through 

366WF057061, or 366WF057150 through 

366WF057232, or 366WF057259 through 

366WG057534, or 366WG057556, 

366WG057569, 366WG057598, 

366WG057616, 366WG057621, 

366WG057624, or 366WJ057770 through 

366WJ057776, or 366WL058131 into any 

engine. 

Alternative Methods of Compliance 

(j) The Manager, Special Certification 

Office, FAA, Rotorcraft Directorate, has the 

authority to approve alternative methods of 

compliance for this AD if requested using the 

procedures found in 14 CFR 39.19. 

Special Flight Permits 

(k) For aircraft with engines that have 

between 140 hours and 150 hours TIS only, 

special flight permits may be issued in 

accordance with §§ 21.197 and 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199) to operate the aircraft to a 

location where the requirements of this AD 

can be done. Special flight permits may not 

be issued for aircraft that have utilized the 

provisions of paragraph (h) of this AD. 

Related Information 

(l) Superior Air Parts, Inc. Mandatory 

Service Bulletin B06–01, Rev. E, dated 

January 24, 2007, contains information 

related to the subject of this AD. 

(m) Contact Jurgen Priester, Aerospace 

Engineer, Special Certification Office, FAA, 

Rotorcraft Directorate, Southwest Regional 

Headquarters, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; e-mail: 

Jurgen.E.Priester@faa.gov; telephone (817) 

222–5159; fax (817) 222–5785 for more 

information about this AD. 

Material Incorporated by Reference 

(n) None. 

Issued in Burlington, Massachusetts, on 

March 23, 2007. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E7–5915 Filed 3–30–07; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 501 

[Docket No. 05–01] 

Agency Reorganization and 

Delegations of Authority 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule; corrections. 

SUMMARY: This document corrects the 

regulations in sections 501.27 of 46 CFR 

parts 501 inadvertently omitted from the 

Final Rule published on February 15, 

2005. These revisions to the regulations 

are non-substantive and no public 

comments on the Final Rule are 

necessary. 

DATES: Effective Date: April 2, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Amy W. Larson, General Counsel, 

Federal Maritime Commission, 800 

North Capitol Street, NW., Room 

1018, Washington, DC 20573–0001, 

(202) 523–5740. E-mail: 

GeneralCounsel@fmc.gov. 

Bryant L. VanBrakle, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street, NW., Room 1018, 

Washington, DC 20573–0001. (202) 

523–5725. E-mail: Secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: On 

October 27, 2004, the Federal Maritime 

Commission (‘‘FMC’’ or ‘‘Commission’’) 

issued a final rule changing several 

provisions in the Commission’s 

agreement rules and delegating 

authority to the Director, Bureau of 

Trade Analysis to request certain 

information. 46 CFR part 535. Docket 

No. 03–15, 46 CFR parts 501 and 535, 

Ocean Common Carrier and Marine 

Terminal Operator Agreements Subject 

to the Shipping Act of 1984, 69 FR 

64398 (Nov. 4, 2004). On February 10, 

2005, the Commission adopted a Final 

Rule to amend its regulations in 46 CFR 

part 501 to reflect the reorganization of 

the agency that took effect on August 23, 

2004. Docket No. 05–01, 46 CFR parts 

501, 502, 515, Agency Reorganization 

and Delegations of Authority, 70 FR 

7659 (Feb. 15, 2005). 

This document revises certain 

sections of the regulation in part 501 of 

the Final Rule published on February 

15, 2005. The revisions correct certain 

omissions and errors in the regulations, 

which were not detected in the course 

of preparing the Final Rule for 

publication. The revisions are nonsubstantive in nature and do not alter 

the decision adopted by the 

Commission in this Final Rule. 

Therefore, no further public comments 

on the Final Rule are necessary. The 

following sections in the regulations of 

part 501 of the Final Rule have been 

revised. 

List of Subjects for 46 CFR Part 501 

Administrative practice and 

procedure, Authority delegations 

(Government agencies). 

■ Accordingly, the Federal Maritime 

Commission corrects 46 CFR part 501 as 

follows: 

Authority: 46 U.S.C. 305; 46 U.S.C. 40104; 

46 U.S.C. 40302; 46 U.S.C. 40304. 

PART 501—THE FEDERAL MARITIME 

COMMISSION—GENERAL 

■ 1. Amend § 501.27 by revising 

paragraphs (c) and (d), and adding new 

paragraphs (o) and (p) to read as 

follows: 

§ 501.27 Delegation to the Director, Bureau 

of Trade Analysis. 

* * * * * 

(c) Authority to grant or deny 

applications filed under § 535.504 of 

this chapter for waiver of the 

Information Form requirements in 

subpart E of part 535. 

(d) Authority to grant or deny 

applications filed under § 535.705 of 

this chapter for waiver of the reporting 

requirements in subpart G of part 535 of 

this chapter. 

* * * * * 

(o) Authority to require Monitoring 

Reports from, or prescribe alternative 

periodic reporting requirements for, 

parties to agreements under 

§§ 535.702(c) and (d) of this chapter. 

(p) Authority to require parties to 

agreements subject to the Monitoring 

Report requirements in § 535.702(a)(2) 

of this chapter to report their agreement 


rmajette on PROD1PC67 with RULES
15614 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Rules and Regulations 

commodity data on a sub-trade basis 

pursuant to § 535.703(d) of this chapter. 

Bryant L. VanBrakle, 

Secretary. 

[FR Doc. E7–6060 Filed 3–30–07; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Parts 23 and 26 

[Docket OST–97–2550] 

RIN 2105–AD51 

Disadvantaged Business Enterprise 

Program 

AGENCY: Office of the Secretary, DOT. 

ACTION: Final rule. 

SUMMARY: This document adjusts the 

dollar limits and size limits used to 

define small businesses for the 

Department of Transportation’s Airport 

Concessions Disadvantaged Business 

Enterprise (ACDBE) program. The 

Department of Transportation amends 

these size limits in order to ensure that 

the opportunity of small businesses to 

participate in the ACDBE program 

remains unchanged after taking inflation 

into account. This document, as 

required by statute, also adjusts the 

dollar limits used to define small 

businesses for the Department of 

Transportation’s Disadvantaged 

Business Enterprise (DBE) program, 

which applies to State and local 

highway, transit, and airport recipients 

of DOT financial assistance. This 

document also corrects a reference error 

in a previous final rule. Finally, this 

document makes minor changes to the 

language of a previous rule in order to 

accurately explain the role of 

administrative guidance material. 

DATES: This rule is effective May 2, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Robert C. Ashby, Deputy Assistant 

General Counsel for Regulation and 

Enforcement, Department of 

Transportation, 400 7th Street, SW., 

Room 10424, Washington, DC 20590, 

phone numbers (202) 366–9310 (voice), 

(202) 3669313 (fax), (202) 755–7687 

(TTY), bob.ashby@dot.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

Background 

On March 22, 2005, the Department 

published a final rule revising 49 CFR 

Part 23—the regulation governing the 

airport concessions disadvantaged 

business enterprise (ACDBE) program. 

On the same day, the Department 

published a supplemental notice of 

proposed rulemaking (SNPRM) on the 

business size standards for eligibility in 

the ACDBE program as well as on two 

other matters concerning 

implementation of the program. This 

final rule addresses the issues raised in 

the SNPRM and the comments made in 

response to the SNPRM. 

The DBE Airport Concessions and 

Contracting Programs 

The DOT-assisted contracts DBE rule 

and airport concessions DBE rule are 

based on different statutes. Each statute 

applies to a distinct type of business 

that may seek DOT financial assistance. 

The ACDBE program is designed to give 

business opportunities to certain small 

business concerns that operate at 

airports and that are owned and 

controlled by socially and economically 

disadvantaged individuals. The ACDBE 

program is mandated by 49 U.S.C. 

47107(e), originally enacted in 1987 and 

amended in 1992. 

The DBE program for DOT-assisted 

contracts is a statutory program 

intended to ensure nondiscriminatory 

contracting opportunities for small 

business concerns owned and 

controlled by socially and economically 

disadvantaged individuals in the 

Department’s highway, mass transit and 

airport financial assistance programs. 

The statutory provision governing the 

DBE program in the highway and mass 

transit financial assistance programs is 

1101(b) of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU), 

Public Law 109–59, August 10, 2005. 

The statutory provision governing the 

DBE program as it relates to the airport 

planning and airport development 

financial assistance programs is 49 

U.S.C. 47113. 

ACDBE Gross Receipts Size Standards 

The ACDBE program is designed to 

help small business concerns, owned 

and controlled by socially and 

economically disadvantaged 

individuals, become self-sufficient and 

able to compete with non-disadvantaged 

firms. Under the current DOT rule, if the 

airport concessions firm’s annual gross 

receipts averaged over the preceding 

three fiscal years exceed $30 million, 

then it is not considered a small 

business eligible to be certified as an 

ACDBE. The Department notes that the 

existing size standards have not been 

adjusted for inflation since June 1, 1992. 

This final rule adjusts the size standards 

for eligibility as an ACDBE. 

A number of comments submitted to 

the Department supported adjusting the 

gross receipts size limit for inflation. 

One comment suggested that the 

Department consider distinct size 

standards for each type of concession. A 

number of comments also suggested that 

an employee based size standard is 

inappropriate because businesses may 

operate using different business model 

configurations with different numbers of 

employees. These comments also point 

out that verifying the number of 

employees is more complex than 

verifying gross receipts, which are 

recorded in tax returns. 

This final rule adjusts the general 

ACDBE gross receipts cap for inflation. 

This rule only applies an employee 

based size standard if the business 

operates pay telephones or if the 

business is an automobile dealer. The 

Department views a general gross 

receipts size limit that is adjusted for 

inflation as the most efficient and fair 

way to establish size limits for the 

ACDBE program. The adjustment 

compensates for the rise in the general 

level of prices over time from the 

second quarter of 1992 to the third 

quarter of 2006. In order to ensure that 

this adjustment is made on a more 

timely basis in the future, the rule 

provides for a similar adjustment every 

two years, using the same methods. At 

two year intervals, the Department will 

publish a final rule to update the size 

standard numbers. 

It should be emphasized that this 

action does not increase the size 

standard for ACDBEs in real dollar 

terms. It simply maintains the status 

quo, adjusting to 2006 dollars. A 

number of comments opposed the idea 

of making Part 23 and Part 26 size 

standards identical because the 

capitalization requirements for airport 

concessions are much higher. The 

Department agrees and will not 

harmonize the standards. 

In order to make an inflation 

adjustment to the gross receipts figures, 

the Department of Transportation uses a 

Department of Commerce price index. 

The Department of Commerce’s Bureau 

of Economic Analysis prepares constant 

dollar estimates of state and local 

government purchases of goods and 

services by deflating current dollar 

estimates by suitable price indexes. 

These indices include purchases of 

durable and non-durable goods, and 

other services. Using these price 

deflators enables the Department to 

adjust dollar figures for past years’

inflation. Given the nature of the 

Department’s DBE Program and ACDBE 

Program, adjusting the gross receipts 

cap in the same manner in which 

inflation adjustments are made to the 

costs of state and local government 


rmajette on PROD1PC67 with RULES