19110 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 

§ 563.28 [Corrected] 

■ 1. On page 13435, in the third column, 

in § 563e.28 Assigned ratings, in 

paragraph (c)(1), in the first sentence, 

‘‘or any affiliate’’ is corrected to read ‘‘or 

in any assessment area by any affiliate’’. 

Appendix A to Part 563e—Ratings 

[Corrected] 

■ 2. On page 13436, in the second 

column, in Appendix A to Part 563e—

Ratings, in paragraph (d)(3)(ii)(B), in the 

second sentence, ‘‘a bank’s 

performance’’ is corrected to read ‘‘a 

savings association’s performance’’. 

Dated: April 11, 2007. 

By the Office of Thrift Supervision. 

Deborah Dakin, 

Senior Deputy Chief Counsel. 

[FR Doc. E7–7226 Filed 4–16–07; 8:45 am] 

BILLING CODE 6720–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21624; Directorate 

Identifier 2005–NE–17–AD; Amendment 39–

15028; AD 2005–13–25R1] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Arriel 2B Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is revising an 

existing airworthiness directive (AD) for 

Turbomeca S.A. Arriel 2B turboshaft 

engines with Modification TU62A 

incorporated. That AD currently 

requires initial and repetitive 

inspections, cleaning, lubrication, and 

checks for proper operation of the HMU 

acceleration controller axle. This AD 

requires the same actions, but removes 

engines incorporating TU132 from the 

applicability and adds an optional 

terminating action for the repetitive 

actions required in AD 2005–13–25. 

This AD results from the engine 

manufacturer releasing a service 

bulletin to introduce modification 

TU132. We are issuing this AD to 

prevent loss of control of engine fuel 

flow in manual control mode or mixed 

control mode, which can lead to engine 

overspeed, and in-flight engine 

shutdown resulting in a forced 

autorotation landing or accident. 

DATES: Effective May 22, 2007. The 

Director of the Federal Register 

previously approved the incorporation 

by reference of Alert Mandatory Service 

Bulletin (ASB) No. A292 73 2814, 

Update No. 1, dated January 11, 2005, 

on July 11, 2005 (70 FR 36480, June 24, 

2005). The Director of the Federal 

Register approved the incorporation by 

reference of ASB No. A292 73 2814, 

Update No. 2, dated December 15, 2006, 

as of May 22, 2007. 

We must receive any comments on 

this AD by June 18, 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 Turbomeca S.A., 40220 Tarnos, 

France; telephone 33 05 59 74 40 00, fax 

33 05 59 74 45 15, for the service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Spinney, Aerospace 

Engineer, Engine Certification Office, 

FAA, Engine and Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA 01803–5299; telephone 

(781) 238–7175; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: On June 

16, 2005, the FAA issued AD 2005–13–

25, Amendment 39–14162 (70 FR 

36480, June 24, 2005). That AD requires 

initial and repetitive inspections, 

cleaning, lubrication, and checks for 

proper operation of the 

hydromechanical unit (HMU) 

acceleration controller axle on engines 

that incorporate modification TU62A. 

That AD was the result of several 

reports of the HMU acceleration 

controller axle sticking that resulted in 

engine overspeed and in-flight engine 

shutdown or uncommanded in-flight 

engine shutdown. That condition, if not 

corrected, could result in loss of control 

of engine fuel flow in manual control 

mode or mixed control mode, which can 

lead to engine overspeed, and in-flight 

engine shutdown resulting in a forced 

autorotation landing or accident. 

Actions Since We Issued AD 2005–13– 

25 

Since we issued that AD, the 

manufacturer introduced modification 

TU132, which includes a new P3 cover 

with a self-lubricating coating and a 

reduced centering length in the P3 

cover. The European Aviation Safety 

Authority (EASA) which is the 

airworthiness authority for the 

European Union, recently notified us 

that Turbomeca S.A. has introduced 

modification TU132 to eliminate the 

cause of an unsafe condition on 

Turbomeca S.A. Arriel 2B turboshaft 

engines. This AD requires inspecting 

and lubricating the P3 cover and HMU 

acceleration control axle on HMUs that 

are not modified to TU132. We are 

issuing this AD to prevent loss of 

control of engine fuel flow in the 

manual control mode or mixed control 

mode, which can lead to engine 

overspeed, and in-flight engine 

shutdown resulting in a forced 

autorotation landing or accident. 

Relevant Service Information 

We have reviewed and approved the 

technical contents of Turbomeca Alert 

Mandatory Service Bulletin (ASB) No. 

A292 73 2814, Update No. 2, dated 

December 15, 2006. That ASB describes 

procedures for inspecting, lubricating, 

and checking for proper operation of the 

HMU acceleration controller axle. The 

EASA issued AD 2007–0026, dated 

February 1, 2007, in order to ensure the 

airworthiness of these Arriel 2B 

turboshaft engines in the European 

Union. 

Bilateral Airworthiness Agreement 

This engine model is manufactured in 

France, and is type certificated for 

operation in the United States under the 

provisions of section 21.29 of the 

Federal Aviation Regulations (14 CFR 

21.29) and the applicable bilateral 

airworthiness agreement. Under this 

bilateral airworthiness agreement, the 

EASA has kept the FAA informed of the 

situation described above. We have 

examined the findings of the EASA, 

reviewed all available information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other Turbomeca S.A. Arriel 2B 

turboshaft engines of the same type 

design. We are issuing this AD to 

prevent loss of control of engine fuel 

flow in the manual control mode or 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 19111 

mixed control mode, which can lead to 

engine overspeed, and in-flight engine 

shutdown resulting in a forced 

autorotation landing or accident. This 

AD requires initial and repetitive 

inspections, cleaning, lubrication, and 

checks for proper operation of the HMU 

acceleration controller axle. You must 

use the service information described 

previously to perform the actions 

required by this AD. 

FAA’s Determination of the Effective 

Date 

Since we are reducing the 

applicability of this AD, a situation 

exists that allows the immediate 

adoption of this AD. We have found that 

notice and opportunity for public 

comment before issuing this AD are 

unnecessary. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to send us any 

written relevant data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘AD Docket No. 

FAA–2005–21624; Directorate Identifier 

2005–NE–17–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the rule that might suggest a 

need to modify it. 

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 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 AD, 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. 

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 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 that this 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. 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 summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration amends part 39 

of the Federal Aviation Regulations (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 39–14162 70 FR 

36480, June 24, 2005, and by adding a 

new airworthiness directive, 

Amendment 39–15028, to read as 

follows: 

2005–13–25R1 Turbomeca S.A.: 

Amendment 39–15028. Docket No. 

FAA–2005–21624; Directorate Identifier 

2005–NE–17–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 22, 2007. 

Affected ADs 

(b) This AD revises AD 2005–13–25, 

Amendment 39–14162. 

Applicability 

(c) This AD applies to Turbomeca S.A. 

Arriel 2B turboshaft engines with 

Modification TU62A incorporated, but do not 

have Modification TU132. These engines are 

installed on, but not limited to, Eurocopter 

AS350B3 helicopters. 

Unsafe Condition 

(d) This AD results from the engine 

manufacturer releasing a service bulletin to 

introduce modification TU132. We are 

issuing this AD to prevent loss of control of 

engine fuel flow in manual control mode or 

mixed control mode, which can lead to 

engine overspeed, and in-flight engine 

shutdown resulting in a forced autorotation 

landing or accident. 

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. 

Hydromechanical Units (HMUs) Without 

Modification TU132 

(f) Within 20 operating hours after July 11, 

2005, the AD’s original effective date, 

inspect, clean, lubricate, and check for 

proper operation of the HMU acceleration 

controller axle. Use paragraph 2 of 

Instructions to be Incorporated of Turbomeca 

Alert Mandatory Service Bulletin No. A292 

73 2814, Update No. 1, dated January 11, 

2005, or Update No. 2, dated December 15, 

2006, to do these actions. 

(g) Thereafter, repeat the actions specified 

in paragraph (f) of this AD within every 210 

operating hours. 

Optional Terminating Action 

(h) Modifying the HMU to Modification 

TU132, terminates the repetitive inspection 

requirements specified in paragraph (g) of 

this AD. Turbomeca Service Bulletin No. 292 

73 2132, dated May 31, 2006, contains 

information on modifying the HMU to 

Modification TU132. 


cprice-sewell on PRODPC61 with RULES
19112 Federal Register / Vol. 72, No. 73 / Tuesday, April 17, 2007 / Rules and Regulations 

1Preventing Undue Discrimination and 

Preference in Transmission Service, Order No. 890, 

72 FR 12266 (March 15, 2007), FERC Stats. & Regs. 

¶ 31,241 (2007), reh’g pending (Order No. 890). 

2 Id. 

3Promoting Wholesale Competition Through 

Open Access Non-discriminatory Transmission 

Services by Public Utilities; Recovery of Stranded 

Costs by Public Utilities and Transmitting Utilities, 

Order No. 888, 61 FR 21540 (May 10, 1996), FERC 

Stats. & Regs. ¶ 31,036 (1996), order on reh’g, Order 

No. 888–A, 62 FR 12274 (Mar. 14, 1997), FERC 

Stats. & Regs. ¶ 31,048 (1997), order on reh’g, Order 

No. 888–B, 81 FERC ¶ 61,248 (1997), order on reh’g, 

Order No. 888–C, 82 FERC ¶ 61,046 (1998), aff’d 

in relevant part sub nom. Transmission Access 

Policy Study Group v. FERC, 225 F.3d 667 (D.C. Cir. 

2000) (TAPS v. FERC), aff’d sub nom. New York v. 

FERC, 535 U.S. 1 (2002). 

Alternative Methods of Compliance 

(i) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(j) The EASA airworthiness directive 2007–

0026, dated February 1, 2007, also addresses 

the subject of this AD. 

Material Incorporated by Reference 

(k) You must use Turbomeca Alert 

Mandatory Service Bulletin (ASB) No. A292 

73 2814, Update No. 1, dated January 11, 

2005; or ASB No. A292 73 2814, Update No. 

2, dated December 15, 2006, to perform the 

actions required by this AD. The Director of 

the Federal Register previously approved the 

incorporation by reference of ASB No. A292 

73 2814, Update No. 1, dated January 11, 

2005, on July 11, 2005 (70 FR 36480; June 24, 

2005). The Director of the Federal Register 

approved the incorporation by reference of 

ASB No. A292 73 2814, Update No. 2, dated 

December 15, 2006, in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. Contact 

Turbomeca S.A., 40220 Tarnos, France; 

telephone 33 05 59 74 40 00, fax 33 05 59 

74 45 15, for a copy of this service 

information. You may review copies at the 

FAA, New England Region, Office of the 

Regional Counsel, 12 New England Executive 

Park, Burlington, MA; 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 Burlington, Massachusetts, on 

April 9, 2007. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E7–7115 Filed 4–16–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 35 and 37 

[Docket Nos. RM05–17–000 and RM05–25–

000; Order No. 890] 

Preventing Undue Discrimination and 

Preference in Transmission Service 

Issued April 11, 2007. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Order granting extension of 

compliance action dates. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) is 

extending certain deadlines for 

compliance actions required by Order 

No. 890, the final rule issued in this 

proceeding on February 16, 2007. 

DATES: The date by which transmission 

providers must implement certain 

reforms adopted in Order No. 890 is 

hereby extended by 60 days, to July 13, 

2007, as set forth in Appendix A of this 

order. 

FOR FURTHER INFORMATION CONTACT: W. 

Mason Emnett (Legal Information), 

Office of the General Counsel—Energy 

Markets, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502–6540. 

SUPPLEMENTARY INFORMATION: Before 

Commissioners: Joseph T. Kelliher, 

Chairman; Suedeen G. Kelly, Marc 

Spitzer, Philip D. Moeller, and Jon 

Wellinghoff. 

Order Granting Extension of 

Compliance Action Dates 

1. On March 21, 2007, Tampa Electric 

Company (Tampa Electric) together with 

Florida Power & Light Company (FPL) 

filed a motion for extension of deadlines 

relating to the implementation of 

additional functionality for the Open 

Access Same-Time Information System 

(OASIS) and the posting of new 

transmission-related metrics as outlined 

in Order No. 890.1 On March 29, 2007, 

Tampa Electric and FPL supplemented 

their motion with a preliminary 

assessment of technical work required 

to implement the additional OASIS 

functionality and the posting of new 

transmission-related metrics. 

2. On March 23, 2007, the Edison 

Electric Institute (EEI) filed a motion 

requesting that the Commission extend 

to 120 days from publication of Order 

No. 890 in the Federal Register all 

deadlines currently set as less than 120 

days as applied to transmission 

providers that are not members of an 

Independent System Operator (ISO) or 

Regional Transmission Organization 

(RTO). On March 29, 2007, EEI filed a 

second motion to extend the filing 

deadline for ISO and RTO transmission 

providers’ ‘‘strawman’’ proposals 

detailing compliance with each of the 

nine planning principles adopted in 

Order No. 890. 

3. On April 3, 2007, E.ON U.S. LLC 

(E.ON) filed a motion stating its support 

of EEI’s request to allow utilities not 

participating in an ISO or RTO an 

additional 60 days to comply with the 

non-rate terms and conditions set out in 

Order No. 890, but requesting a 90-day 

extension for submission of its Federal 

Power Act (FPA) section 206 

compliance filing due to E.ON’s 

particular circumstances. 

4. Finally, on April 9, 2007, Portland 

General Electric Company (PGE) filed a 

motion seeking an extension of 

deadlines associated with the optional 

filing under FPA section 205 regarding 

previously-approved variations from the 

pro forma Open Access Transmission 

Tariff (OATT). 

5. For the reasons outlined below, the 

Commission grants in part the March 

23, 2007, motion of EEI and denies the 

March 29, 2007, motion of EEI, as well 

as the subsequent motions of E.ON and 

PGE. Accordingly, the joint motion of 

Tampa Electric and FPL, as 

supplemented, is rejected as moot. 

I. Background 

6. On February 16, 2007, the 

Commission issued Order No. 890 on 

Preventing Undue Discrimination and 

Preference in Transmission Service in 

these dockets.2 In Order No. 890, the 

Commission amended its regulations 

and the pro forma OATT, adopted in 

Order No. 888,3 to ensure that 

transmission services are provided on a 

basis that is just, reasonable and not 

unduly discriminatory or preferential. 

The Commission designed Order No. 

890 to: (1) Strengthen the pro forma 

OATT to ensure that it achieves its 

original purpose of remedying undue 

discrimination; (2) provide greater 

specificity to reduce opportunities for 

undue discrimination and facilitate the 

Commission’s enforcement; and (3) 

increase transparency in the rules 

applicable to planning and use of the 

transmission system. 

7. Order No. 890 established a number 

of compliance requirements with 

corresponding deadlines, each 

necessary to achieve its stated goals. 

Among other things, transmission 

providers that have not been approved 

as ISOs or RTOs, and whose 

transmission facilities are not under the 

control of an ISO or RTO, were directed 

to submit, within 60 days after 

publication of Order No. 890 in the 

Federal Register, i.e., May 14, 2007, 

filings under section 206 of the FPA that 

contain the non-rate terms and 


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