This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

25207 

Vol. 72, No. 86 

Friday, May 4, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 955 

[Docket No. AMS–FV–07–0040; FV07–955– 

1] 

Vidalia Onions Grown in Georgia; 

Continuance Referendum 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Referendum order. 

SUMMARY: This document directs that a 

referendum be conducted among 

eligible growers of Vidalia onions in 

Georgia, to determine whether they 

favor continuance of the marketing 

order regulating the handling of Vidalia 

onions grown in the production area. 

DATES: The referendum will be 

conducted from September 10 to 

September 28, 2007. To vote in this 

referendum, growers must have been 

producing Vidalia onions within the 

designated production area in Georgia 

during the period January 1, 2006, 

through December 31, 2006. 

ADDRESSES: Copies of the marketing 

order may be obtained from the office of 

the referendum agents at the Southeast 

Marketing Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Division, Agricultural 

Marketing Service, U.S. Department of 

Agriculture, 799 Overlook Dr., Suite A, 

Winter Haven, FL 33884–1671, Fax: 

(863) 325–8793, or the Office of the 

Docket Clerk, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938, or Internet: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, Marketing Specialist, or 

Christian D. Nissen, Regional Manager, 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793 or E-mail: 

Doris.Jamieson@usda.gov or 

Christian.Nissen@usda.gov, 

respectively. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Marketing Agreement and Order No. 

955 (7 CFR part 955), hereinafter 

referred to as the ‘‘order,’’ and the 

applicable provisions of the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act,’’ it is hereby 

directed that a referendum be conducted 

to ascertain whether continuance of the 

order is favored by the growers. The 

referendum shall be conducted from 

September 10 to September 28, 2007, 

among Vidalia onion growers in the 

production area. Only growers that were 

engaged in the production of Vidalia 

onions in Georgia, during the period of 

January 1 to December 31, 2006, may 

participate in the continuance 

referendum. 

USDA has determined that 

continuance referenda are an effective 

means for determining whether growers 

favor continuation of marketing order 

programs. USDA would consider 

termination of the order if less than twothirds of the growers voting in the 

referendum, and growers of less than 

two-thirds of the volume of Vidalia 

onions represented in the referendum 

favor continuance. In evaluating the 

merits of continuance versus 

termination, USDA will consider the 

results of the continuance referendum 

and other relevant information 

regarding operation of the order. USDA 

will evaluate the order’s relative 

benefits and disadvantages to growers, 

handlers, and consumers to determine 

whether continuing the order would 

tend to effectuate the declared policy of 

the Act. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the ballot materials to be 

used in the referendum herein ordered, 

are currently approved by the Office of 

Management and Budget (OMB), under 

OMB No. 0581–0178, Vegetable and 

Specialty Crops. It has been estimated 

that it will take an average of 20 minutes 

for each of the approximately 101 

growers of Vidalia onions in Georgia to 

cast a ballot. Participation is voluntary. 

Ballots postmarked after September 28, 

2007, will not be included in the vote 

tabulation. 

Christian D. Nissen and Doris 

Jamieson of the Southeast Marketing 

Field Office, Fruit and Vegetable 

Programs, AMS, USDA, are hereby 

designated as the referendum agents of 

the Secretary of Agriculture to conduct 

this referendum. The procedure 

applicable to the referendum shall be 

the ‘‘Procedure for the Conduct of 

Referenda in Connection With 

Marketing Orders for Fruits, Vegetables, 

and Nuts Pursuant to the Agricultural 

Marketing Agreement Act of 1937, as 

Amended’’ (7 CFR part 900.400 et seq). 

Ballots will be mailed to all growers 

of record and may also be obtained from 

the referendum agents, or from their 

appointees. 

List of Subjects in 7 CFR Part 955 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

Authority: 7 U.S.C. 601–674. 

Dated: May 1, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–8573 Filed 5–3–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 1 and 33 

[Docket No. FAA–2007–27899; Notice No. 

07–05] 

RIN 2120–AI96 

Airworthiness Standards: Rotorcraft 

Turbine Engines One-EngineInoperative (OEI) Ratings, Type 

Certification Standards 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Federal Aviation 

Administration (FAA) is proposing to 

amend OEI rating definitions and type 

certification standards for 30-second 

OEI, 2-minute OEI, and 30-minute OEI 

ratings for rotorcraft turbine engines. 

This proposed rule, if adopted, would 

revise the ratings’ standards to reflect 

recent analyses of the ratings’ usage and 

lessons learned from completed engine 


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25208 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 

certifications and service experience. 

This proposal harmonizes FAA type 

certification standards for these ratings 

with the requirements of the European 

Aviation Safety Agency in the 

Certification Specifications for Engines 

(CS–E) and with proposed requirements 

for Transport Canada Civil Aviation. If 

adopted, the proposed changes would 

establish nearly uniform certification 

standards for ratings for rotorcraft 

turbine engines certificated in the 

United States under part 33 and in 

European countries under CS–E, thus 

simplifying airworthiness approvals for 

import and export. 

DATES: Send your comments on or 

before August 2, 2007. 

ADDRESSES: You may send comments, 

identified by Docket No. FAA–2007– 

27899, using any of the following 

methods: 

• 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: 1–202–493–2251. 

• 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. 

For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

dms.dot.gov, including any personal 

information that you provide. For more 

information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

http://dms.dot.gov at any time or to 

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. 

FOR FURTHER INFORMATION CONTACT: 

Dorina Mihail, Engine and Propeller 

Standards Staff, ANE–110, Engine and 

Propeller Directorate, Aircraft 

Certification Service, FAA, New 

England Region, 12 New England 

Executive Park, Burlington, 

Massachusetts 01803–5229; (781) 238– 

7153; facsimile: (781) 238–7199; e-mail: 

dorina.mihail@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. We also invite comments relating 

to the economic, environmental, energy, 

or federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

The docket is available for public 

inspection before and after the comment 

closing date. If you wish to review the 

docket in person, go to the address in 

the ADDRESSES section of this preamble 

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

through Friday, except Federal holidays. 

You may also review the docket using 

the Internet at the Web address in the 

ADDRESSES section. 

Privacy Act: Using the search function 

of our docket Web site, anyone can find 

and read the comments received into 

any of our dockets, including the name 

of the individual sending the comment 

(or signing the comment on behalf of an 

association, business, labor union, etc.). 

You may review 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. 

Before acting on this proposal, we 

will consider all comments we receive 

on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change this proposal in light of the 

comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it to you. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

1. Searching the Department of 

Transportation’s electronic Docket 

Management System (DMS) Web page 

(http://dms.dot.gov/search): 

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

3. Accessing the Government Printing 

Office’s Web page at http:// 

www.access.gpo.gov/su_docs/aces/ 

aces140.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number, notice 

number, or amendment number of this 

rulemaking. 

Background 

The One-Engine-Inoperative (OEI) 

rating powers provide rotorcraft with 

higher than takeoff and maximum 

continuous rating powers during 

takeoff, cruise, and landing when one or 

more engines of a multi-engine 

rotorcraft fails or is shutdown. These 

OEI rating powers enable the rotorcraft 

to continue safe flight until it reaches a 

suitable landing site. Part 33 prescribes 

airworthiness standards for 30-second 

OEI, 2-minute OEI, 21⁄2-minute OEI, 30- 

minute OEI, and other OEI ratings for 

the issuance of type certificates for 

rotorcraft turbine engines. All OEI 

ratings are optional ratings that engine 

manufacturers may select from those 

specified in § 33.7. 

The Certifications Specifications— 

Engines prescribe corresponding 

airworthiness standards of the European 

Aviation Safety Agency for these 

ratings. While these standards are 

similar, they differ in certain 

regulations. Non-uniform standards 

impose a regulatory hardship on 

applicants seeking certification under 

both sets of standards in the form of 

additional costs and delays in the time 

required for certification. 

The FAA is committed to promoting 

harmonization. As part of this 

commitment, the FAA, with the 

European Joint Aviation Authorities 

(JAA) and Transport Canada Civil 

Aviation, developed a harmonized 

Terms of Reference for ‘‘2-Minute and 

30-Second One-Engine-Out Ratings’’ in 

April 1992. The Terms of Reference 

established a joint effort to review and 

harmonize the requirements and 

interpretations for OEI ratings under 

part 33 and the corresponding Joint 

Aviation Requirements—Engines (JAR– 

E). The Aviation Rulemaking Advisory 

Committee (ARAC) assigned the task of 

harmonizing the differing OEI ratings to 

its Engine Harmonization Working 

Group, which consisted of 

representatives from the FAA, JAA, TC, 


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as well as from U.S., Canadian, and 

European industries. 

On February 29, 2000, the Engine 

Harmonization Working Group reported 

its recommendations to the ARAC, 

which recommended that the FAA 

proceed with rulemaking. This NPRM 

reflects the ARAC recommendations. 

Section-by-Section Discussion of the 

Proposals 

The working group developed and 

agreed to the following proposals. The 

proposed changes to parts 1 and 33 

contain language similar to that 

proposed for JAR–E, and subsequently 

adopted in the CS–E, thereby 

establishing equivalency and creating 

consistency between the regulations. 

Section 1.1 Definitions 

The current definitions of rated OEI 

powers refer to engine failure but not to 

engine shutdown. We are proposing, 

therefore, to revise the definition of 

rated 30-second OEI, rated 2-minute 

OEI, rated 21⁄2-minute OEI, rated 30- 

minute OEI, and rated continuous OEI 

powers to include engine shutdown. In 

addition, to be consistent with the usage 

definitions of 30-second OEI and 2- 

minute OEI ratings, we are proposing to 

revise the ‘‘period of use’’ for the 21⁄2- 

minute OEI rating from ‘‘a period of use’’ 

to ‘‘periods of use.’’ 

Section 33.5 Instruction Manual for 

Installing and Operating the Engine 

We are proposing to add a new 

§ 33.5(b)(4), applicable to rotorcraft 

engines having one or more OEI ratings, 

which would require applicants to 

provide engine data to aircraft 

manufacturers in support of aircraft 

power availability requirements, such as 

those specified in §§ 27.45(f) and 

29.45(f). Since the power assurance data 

will not include a check of the highest 

OEI rating power level due to potential 

rapid engine hardware deterioration, the 

applicant must provide the necessary 

engine performance characteristics and 

variability to the engine installer. This 

data will enable the installer to establish 

power assurance procedures that enable 

the extrapolation of data to the highest 

OEI rating power. The engine database 

should include: a thermodynamic 

model; data gained from experience 

during development and certification 

testing; and data derived from service 

experience from engines of similar 

design, whenever applicable. 

Section 33.29 Instrument Connection 

We are proposing to revise § 33.29(c) 

to specify that the applicant must 

provide a means or a provision for a 

means to record the entry into the 

defined 30-second OEI and 2-minute 

OEI rating power bands. The applicant, 

for example, an engine manufacturer, 

may satisfy ‘‘a means’’ by providing a 

recorder to record entry into the OEI 

power bands. Alternatively, the 

applicant may fulfill ‘‘a provision for a 

means’’ by specifying that the installer 

provide a recorder to record entry into 

the OEI power bands. 

The revised proposal would also 

require a means to indicate to the pilot 

the entry into the power bands, the 

corresponding impending time 

expiration, and the time expiration 

point. The automatic recording system 

must record the number of usages of 30- 

second OEI and/or 2-minute OEI rating 

powers and the time of each usage, or 

accumulated time, including any 

exceedance of 30-second OEI and 2- 

minute OEI operating limitations or 

relevant time limitations. 

The automatic recording system 

should also provide a means to alert the 

maintenance personnel that the usage 

and/or exceedance of the 30-second and 

2-minute OEI ratings has taken place. 

The required means for alerting the 

pilot, maintenance personnel, and the 

automatic recording system must not be 

capable of being reset in flight and must 

only be reset by maintenance personnel 

after retrieval of recorded data. 

The proposal would delete the 

redundant design requirements of 

§ 33.29(c)(2). The automatic data 

recording requirements of the existing 

§ 33.29(c)(3), with a minor wording 

change for clarification, will become the 

new § 33.29(c)(2). 

This proposal would add a new 

requirement designated as new 

§ 33.29(c)(3) to alert maintenance 

personnel when the engines have been 

operated at the rating powers and of the 

need to retrieve the recorded engine 

data. A new § 33.29(c)(4) would specify 

the requirements for verification of the 

proper operation of indicating, 

recording, and retrieval systems. In 

addition, a new § 33.29(d) would 

specify resetting the recording on the 

ground only. 

Section 33.67 Fuel System 

The operating conditions requiring 

the use of 30-second OEI ratings may 

require the pilot to perform 

simultaneous actions to maintain safe 

flight. Therefore, an automatic means 

that does not require pilot input or 

control, other than a termination 

command, must apply and control the 

rating power. This automatic control 

requirement is intended to avoid the 

need for the pilot to monitor engine 

parameters, such as output shaft torque 

or power, output shaft speed, gas 

producer speed, and gas path 

temperature, during the OEI operation. 

Once the system is activated, it 

automatically controls the 30-second 

OEI power and prevents the engine from 

exceeding its specified operating limits. 

We are proposing to revise § 33.67(d) 

to clarify that the intent of the proposed 

‘‘automatic control’’ is to control the 

engine operating conditions, which 

should not exceed the engine’s 

operating limits. The applicant’s design, 

however, should not limit the time at 

which OEI power is used. This will 

enable the pilot to exceed OEI time 

limitations to safely land the rotorcraft 

in an in-flight emergency as permitted 

by § 91.3(b). 

Section 33.87 Endurance Test 

For rotorcraft engines having 30- 

second and 2-minute OEI ratings, the 

applicant must consider all applicable 

paragraphs of § 33.87(a) in running the 

tests under § 33.87(f). However, to 

reduce test complexity, and to improve 

the flexibility needed to attain the key 

parameters (speed, temperature and 

torque) during the tests, we are 

proposing to allow that the maximum 

air bleed for engine and aircraft services 

under § 33.87(a)(5) need not be used for 

the tests under § 33.87(f)(1) through 

(f)(8) if the applicant can show by 

testing, or analysis based on testing, that 

the validity of the endurance test is 

preserved. The analysis should include, 

but is not limited to (1) The effect of the 

bleed air extraction on the engine 

secondary air system that provides 

cooling air to various engine 

components, and (2) the thermodynamic 

cycle effects of bleed (e.g., core speed to 

output shaft speed changes) which may 

enhance the engine’s ability to meet the 

teardown inspection requirements of 

§ 33.93(b)(2). 

This proposal would allow the 

applicant to run the tests under 

§§ 33.87(f)(1) through (f)(8) without 

loading the accessory drives and 

mounting attachments if the applicant 

can substantiate that the durability of 

any accessory drive or engine 

component is not significantly affected. 

However, to meet the requirements of 

§ 33.87(a)(6) without the power turbine 

accessory drives loaded during the test, 

the applicant must add equivalent 

power required for loading these 

accessory drives. This power must be 

added to the output drive shaft so that 

the power turbine rotor assembly is 

operated at or above the levels as when 

the power turbine accessory drives are 

loaded. 

This proposal would clarify the intent 

of the test schedule for the first test 

sequence of the existing § 33.87(f)(4) test 


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by adding a new sentence, ‘‘However, 

where the greatest is the 30-minute OEI 

power, that sixty-five minute period 

shall consist of 30 minutes at 30-minute 

OEI power followed by 35 minutes at 

whichever is the greater of continuous 

OEI power or maximum continuous 

power.’’ The proposal would also clarify 

the idle condition of § 33.87(f)(8) as 

flight idle. 

This proposal would specify that the 

four test sequences of the 2-hour test 

under § 33.87(f) are to be run 

continuously without stoppage. If a stop 

occurs, the applicant typically would 

need to repeat the interrupted sequence 

in full. However, the sequence may be 

re-started from the interrupt point if 

there are technical justifications 

acceptable to the FAA. If the FAA 

determines that the sequence need not 

be repeated in its entirety, then the test 

should be re-started from a point where 

the engine thermal condition would be 

the same as at the time of interruption. 

If an excessive number of interruptions 

occur, the applicant would be required 

to repeat the entire § 33.87(f) test. 

Additionally, we are proposing to 

revise the test schedule under § 33.87(c) 

for the 30-minute OEI rating to agree 

with the schedule in CS–E. The result 

would be the harmonization of the 

endurance test schedule for engines 

having a 30-minute OEI rating. The 

proposal would replace the existing 

§ 33.87(c)(2) with a thirty-minute test at 

(a) Rated maximum continuous power 

during fifteen of the twenty-five 6-hour 

endurance test cycles; and (b) rated 

takeoff power during ten of the twentyfive 6-hour endurance test cycles. The 

existing § 33.87(c)(2) would be 

redesignated § 33.87(c)(4). The duration 

of the test in the existing § 33.87(c)(3) 

would be reduced from 2 hours to 1 

hour. The existing § 33.87(c)(4) would 

be redesignated as § 33.87(c)(5) with the 

number of time and speed increments 

increased from 12 to 15, and with total 

running time increased from 2 hours to 

2 hours and 30 minutes. The existing 

§ 33.87(c)(5) and (c)(6) would be 

redesignated as § 33.87(c)(6) and (c)(7), 

respectively. 

Section 33.88 Engine Overtemperature 

Test 

We are proposing to delete the 

existing § 33.88(b), which refers to 

obtaining OEI ratings when the engine 

does not incorporate a means to limit 

gas temperature. This paragraph is not 

needed because the new § 33.67(d) 

requires automatic control of the 30- 

second OEI power within its gas 

temperature limit. The proposal would 

incorporate the existing test 

requirements in § 33.88(c) into the new 

§ 33.88(b), which applies only to 

engines having the combined 30-second 

OEI and 2-minute OEI ratings. We are 

proposing to revise § 33.88(a) to apply to 

all other ratings, including all OEI 

ratings other than the combination 

specified above, regardless of whether 

the engine is equipped with an 

automatic temperature control. 

Section 33.93 Teardown Inspection 

In meeting the teardown inspection 

requirements after the 2-hour endurance 

tests of § 33.87(f), the applicant would 

be required to show that no failure of 

any significant engine component 

becomes evident during the test, 

shutdown, or the subsequent teardown 

inspection. For components that are 

distressed beyond serviceable limits by 

this test, the applicant must show that 

the inspections and mandatory 

maintenance actions for these 

components, specified in the 

Instructions for Continued 

Airworthiness (ICA), are adequate for 

maintaining their continued 

airworthiness. 

Additionally, the applicant would 

need to evaluate component condition 

against a minimum hardware condition 

that can be expected for in-service 

engines. For the purpose of 

§ 33.93(b)(2), engine parts that can affect 

structural integrity include, but are not 

limited to, mounts, cases, bearing 

supports, shafts, and rotors. We are 

proposing to remove the reference in 

§ 33.93(b)(2) to the above mentioned 

components to emphasize that after the 

test the applicant needs to consider 

deterioration of any engine component 

that could affect the structural integrity 

of the engine, not just those listed 

above. 

Appendix A33.4 Airworthiness 

Limitation Section 

We are proposing to revise A33.4, 

Airworthiness Limitations Section 

(ALS), by adding a new paragraph for 

rotorcraft engines having 30-second OEI 

and 2-minute OEI ratings. For these 

engines, we will require the applicant to 

prescribe mandatory post-flight 

inspection and maintenance actions in 

the ALS of the ICA following the use of 

these ratings. We will also require the 

applicant to create a mandatory inservice engine evaluation program to 

ensure the continued adequacy of the 

airworthiness instructions for the 

engines. 

The concept of the 30-second OEI and 

2-minute OEI ratings is that of limited 

use in service followed by mandatory 

inspection and maintenance. This 

concept assumes that some engine parts 

or components may not be suitable for 

further use and will need to be replaced 

after the application of these ratings. 

The mandatory inspections and 

maintenance actions following the use 

of 30-second OEI, or 2-minute OEI 

ratings, must be capable of (1) 

Identifying and correcting any 

component distress that could 

significantly reduce subsequent engine 

reliability or prevent the engine from 

achieving 30-second OEI and 2-minute 

OEI rating powers; and (2) maintaining 

the engine in condition for safe OEI 

flight. This proposal requires the 

applicant to prescribe the mandatory 

post-flight inspection and maintenance 

actions in the ALS of the ICA following 

the use of either of these two ratings, 

prior to next flight, regardless of the 

frequency of usage and the condition of 

the engine. The applicant must validate 

the adequacy of the required inspections 

and maintenance actions. 

The required inspections and 

maintenance actions are normally 

determined through certification testing 

supplemented by development testing 

and service experience of engines of the 

same type with similar design at the 

time of certification. Differences, 

however, may exist in hardware 

conditions and power availability 

characteristics between in-service 

engines and the conditions and 

characteristics of the engine prior to the 

§ 33.87(f) tests. Similarly, differences 

may exist in power assurance 

characteristics for in-service engines 

after usage of 30-second or 2-minute OEI 

ratings and the characteristics observed 

following the § 33.87(f) tests. 

Therefore, we are proposing an inservice evaluation program in the ALS 

to obtain relevant data concerning the 

condition of hardware and power 

availability at various stages in the life 

of the engine. The data should be 

compared with corresponding data 

observed during certification that 

defined the post-flight inspection and 

maintenance actions. If the data 

obtained from the in-service program 

indicates that the in-service differences 

are not properly accounted for, then this 

data should be used to modify the 

instructions as appropriate. To achieve 

the objectives of the program, the engine 

manufacturer must ensure that operators 

understand and are aware of the need 

for the procedures to properly collect 

and return information needed by the 

manufacturer. 

Rulemaking Analyses and Notices 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. Subtitle I, Section 


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106 describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General Requirements.’’ Under 

that section, the FAA is charged with 

prescribing regulations for practices, 

methods, and procedures the 

Administrator finds necessary for safety 

in air commerce, including minimum 

safety standards for aircraft engines. 

This regulation is within the scope of 

that authority because it updates the 

existing regulations for rotorcraft engine 

OEI ratings. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. We 

have determined there are no new 

information collection requirements 

associated with this proposed rule. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

comply with International Civil 

Aviation Organization (ICAO) Standards 

and Recommended Practices to the 

maximum extent practicable. The FAA 

determined there are no ICAO 

Standards and Recommended Practices 

that correspond to these proposed 

regulations. 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ dated September 

30, 1993 (58 FR 51736) directs the FAA 

to assess both the costs and the benefits 

of a regulatory change. We are not 

allowed to propose or adopt a regulation 

unless we make a reasoned 

determination that the benefits of the 

intended regulation justify the costs. 

Our assessment of this rulemaking 

indicates that its economic impact is 

minimal because U.S. turbine rotorcraft 

manufacturers are already 

manufacturing rotorcraft turbine engines 

according to European requirements 

that are equivalent to these proposed 

requirements. Because the costs and 

benefits of this action do not make it a 

‘‘significant regulatory action’’ as 

defined in the Order, we have not 

prepared a ‘‘regulatory evaluation,’’ 

which is the written cost/benefit 

analysis ordinarily required for all 

rulemaking under the DOT Regulatory 

Policies and Procedures. We do not 

need to do a full evaluation where the 

economic impact of a rule is minimal. 

Economic Evaluation, Regulatory 

Flexibility Determination, Trade Impact 

Assessment, and Unfunded Mandates 

Assessment 

Proposed changes to Federal 

regulations must undergo several 

economic analyses. First, Executive 

Order 12866 directs that each Federal 

agency propose or adopt a regulation 

only upon a determination that the 

benefits of the intended regulation 

justify its costs. Second, the Regulatory 

Flexibility Act of 1980 (Pub. L. 96–354) 

requires agencies to analyze the 

economic impact of regulatory changes 

on small entities. Third, the Trade 

Agreements Act (Pub. L. 96–39) 

prohibits agencies from setting 

standards that create unnecessary 

obstacles to the foreign commerce of the 

United States. In developing U.S. 

standards, this Trade Act also requires 

agencies to consider international 

standards and, where appropriate, use 

them as the basis of U.S. standards. 

Fourth, the Unfunded Mandates Reform 

Act of 1995 (Pub. L. 104–4) requires 

agencies to prepare a written assessment 

of the costs, benefits, and other effects 

of proposed or final rules that include 

a Federal mandate likely to result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by 

private sector, of $100 million or more 

annually (adjusted for inflation with 

base year of 1995). This portion of the 

preamble summarizes the FAA’s 

analysis of the economic impacts of this 

proposed rule. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this proposed rule. The reasoning for 

this determination follows. 

This proposed rule harmonizes FAA 

airworthiness standards for the 30- 

second and 2-minute OEI ratings with 

similar requirements already adopted by 

EASA and being processed by Transport 

Canada. Because the OEI ratings are 

optional, manufacturers will provide 

this capability only if they expect to 

recover any additional costs in the 

marketplace. The FAA estimates that 

this rule would affect 8 engine models, 

approximately 100 helicopters, and that 

there would be approximately 3 OEI 

events per year. The total estimated cost 

of the proposed rule over 20 years is 

approximately $619,000 in present 

value cost (in 2005 dollars). These 

optional costs would only be incurred if 

the manufacturer believes the enhanced 

capability benefits exceed the costs. The 

FAA has not attempted to quantify the 

cost savings that may accrue due to 

harmonization of this rule, beyond 

noting that they contribute to a large 

potential harmonization savings. Safety 

after an engine failure or shutdown 

under this rule would be at least 

equivalent to operational safety under 

the previous regulations. 

The FAA finds that the expected 

outcome of the proposed rule would 

have a minimal impact with positive net 

benefits, and, therefore, we did not 

prepare a full regulatory evaluation. The 

FAA requests comments with 

supporting justification about our 

determination of minimal impact. The 

FAA has, therefore, determined that this 

proposed rule is not a ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, and is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

of 1980 (Pub. L. 96–354) directs the 

FAA to fit regulatory requirements to 

the scale of the businesses, 

organizations, and governmental 

jurisdictions subject to the regulation. 

We are required to determine whether a 

proposed or final action will have a 

‘‘significant economic impact on a 

substantial number of small entities’’ as 

they are defined in the Act. If we find 

the action will have a significant 

impact, we must do a ‘‘regulatory 

flexibility analysis.’’ 

However, if an agency determines that 

a proposed rule is not expected to have 

a significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

All U.S. multi-turbine engine 

rotorcraft manufacturers exceed the 

Small Business Administration smallentity criteria of 1,500 employees for 

aircraft manufacturers. Currently 

manufactured U.S. twin-turbine engine 

rotorcraft type certificate holders 

include: Bell Helicopter Textron, 

Sikorsky Aircraft Corporation, and MD 

Helicopters, Inc. In addition, all of the 

U.S. rotorcraft engine manufacturers 

exceed the Small Business 


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25212 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 

Administration small-entity criteria of 

1,000 employees for aircraft engine 

manufacturers. There are four U.S. 

engine manufacturers that produce 

turbine engines for rotorcraft: (1) 

General Electric, GE Transportation, (2) 

Rolls-Royce Allison, Allison Engines, 

Inc., (3) Light Helicopter Turbine Engine 

Company (a partnership of Rolls-Royce 

and Honeywell), and (4) Honeywell 

International, Inc. Given that there are 

no small-entity manufacturers of twinengine rotorcraft or of rotorcraft engines 

and the rule would impose only 

minimal costs, the FAA certifies that 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The FAA invites comments regarding 

this determination. 

International Trade Impact Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39) prohibits Federal 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Legitimate domestic 

objectives, such as safety, are not 

considered unnecessary obstacles. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this rulemaking 

and has determined that it uses the 

European international standards as the 

regulation basis and is in accord with 

the Trade Agreements Act. 

Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in a 

$100 million or more expenditure 

(adjusted annually for inflation with the 

base year 1995) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$128.1 million in lieu of $100 million. 

This proposed rule does not contain 

such a mandate. The requirements of 

Title II of the Act, therefore, do not 

apply. 

Executive Order 13132, Federalism 

The FAA analyzed this proposed rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

have determined that this action 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, and therefore 

would not have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this proposed 

rulemaking action qualifies for the 

categorical exclusion identified in 

Chapter 3, paragraph 312d, and involves 

no extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA analyzed this NPRM under 

Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). We 

determined that it is not a ‘‘significant 

energy action’’ under the executive order 

because it is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and it is not likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy. 

List of Subjects 

14 CFR Part 1 

Air transportation, Aircraft, Aviation 

safety, Engines, Helicopters, Ratings, 

Rotorcraft, Safety. 

14 CFR Part 33 

Air transportation, Aircraft, Aviation 

safety, Engines, Ratings, Rotorcraft, 

Safety. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend parts 1 and 33 of 

Title 14, Code of Federal Regulations as 

follows: 

PART 1—DEFINITIONS AND 

ABBREVIATIONS 

1. The authority citation for part 1 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

2. Amend § 1.1 by revising the 

definitions for ‘‘Rated 30-second OEI 

power,’’ ‘‘Rated 2-minute OEI power,’’ 

‘‘Rated continuous OEI power,’’ ‘‘Rated 

30-minute OEI power,’’ and ‘‘Rated 21⁄2- 

minute OEI power,’’ to read as follows: 

§ 1.1 General definitions. 

* * * * * 

Rated 30-second OEI Power, with 

respect to rotorcraft turbine engines, 

means the approved brake horsepower 

developed under static conditions at 

specified altitudes and temperatures 

within the operating limitations 

established for the engine under Part 33 

of this chapter, for continuation of one 

flight operation after the failure or 

shutdown of one engine in multiengine 

rotorcraft, for up to three periods of use 

no longer than 30 seconds each in any 

one flight, and followed by mandatory 

inspection and prescribed maintenance 

action. 

Rated 2-minute OEI Power, with 

respect to rotorcraft turbine engines, 

means the approved brake horsepower 

developed under static conditions at 

specified altitudes and temperatures 

within the operating limitations 

established for the engine under Part 33 

of this chapter, for continuation of one 

flight operation after the failure or 

shutdown of one engine in multiengine 

rotorcraft, for up to three periods of use 

no longer than 2 minutes each in any 

one flight, and followed by mandatory 

inspection and prescribed maintenance 

action. 

Rated continuous OEI power, with 

respect to rotorcraft turbine engines, 

means the approved brake horsepower 

developed under static conditions at 

specified altitudes and temperatures 

within the operating limitations 

established for the engine under Part 33 

of this chapter, and limited in use to the 

time required to complete the flight after 

the failure or shutdown of one engine of 

a multiengine rotorcraft. 

* * * * * 

Rated 30-minute OEI power, with 

respect to rotorcraft turbine engines, 

means the approved brake horsepower 

developed under static conditions at 

specified altitudes and temperatures 

within the operating limitations 

established for the engine under Part 33 

of this chapter, and limited in use to one 

period of use no longer than 30 minutes 

after the failure or shutdown of one 

engine of a multiengine rotorcraft. 

Rated 21⁄2-minute OEI power, with 

respect to rotorcraft turbine engines, 

means the approved brake horsepower 

developed under static conditions at 

specified altitudes and temperatures 

within the operating limitations 

established for the engine under Part 33 

of this chapter for periods of use no 

longer than 21⁄2 minutes each after the 

failure or shutdown of one engine of a 

multiengine rotorcraft. 

* * * * * 


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Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 25213 

PART 33—AIRWORTHINESS 

STANDARDS: AIRCRAFT ENGINES 

3. The authority citation for part 33 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44704. 

4. Amend § 33.5 to add a new 

paragraph (b)(4) to read as follows: 

§ 33.5 Instruction manual for installing and 

operating the engine. 

* * * * * 

(b) * * * 

(4) For rotorcraft engines having one 

or more OEI ratings, applicants must 

provide data on engine performance 

characteristics and variability to enable 

the aircraft manufacturer to establish 

aircraft power assurance procedures. 

5. Amend § 33.29 by revising 

paragraph (c) and adding paragraph (d) 

to read as follows: 

§ 33.29 Instrument connection. 

* * * * * 

(c) Each rotorcraft turbine engine 

having a 30-second OEI rating and a 2- 

minute OEI rating must have a means or 

a provision for a means to: 

(1) Alert the pilot when the engine is 

at the 30-second OEI and the 2-minute 

OEI power levels, when the event 

begins, and when the time interval 

expires; 

(2) Automatically record each usage 

and duration of power at the 30-second 

OEI and 2-minute OEI levels; 

(3) Alert maintenance personnel in a 

positive manner that the engine has 

been operated at either or both of the 30- 

second and 2-minute OEI power levels, 

and permit retrieval of the recorded 

data; and 

(4) Enable routine verification of the 

proper operation of the above means. 

(d) The means, or the provision for a 

means, of paragraph (c) of this section 

must not be capable of being reset in 

flight. 

6. Revise § 33.67(d) to read as follows: 

§ 33.67 Fuel system. 

* * * * * 

(d) Rotorcraft engines having a 30- 

second OEI rating must incorporate a 

means, or a provision for a means, for 

automatic availability and automatic 

control of the 30-second OEI power 

within its operating limitations. 

7. Amend § 33.87 by redesignating 

paragraphs (c)(2), (c)(4), (c)(5), and (c)(6) 

as paragraphs (c)(4), (c)(5), (c)(6), and 

(c)(7) respectively, by adding new 

paragraph (c)(2), and by revising 

paragraphs (a)(5), (a)(6), (c)(3), newly 

redesignated paragraphs (c)(4) through 

(c)(7), (f) introductory text, (f)(4) and 

(f)(8) to read as follows: 

§ 33.87 Endurance test. 

(a) * * * 

(5) Maximum air bleed for engine and 

aircraft services must be used during at 

least one-fifth of the runs, except for the 

final 120-minute test required under 

paragraph (f) of this section, provided 

the validity of the test is not 

compromised. However, for these runs, 

the power or thrust or the rotor shaft 

rotational speed may be less than 100 

percent of the value associated with the 

particular operation being tested if the 

FAA finds that the validity of the 

endurance test is not compromised. 

(6) Each accessory drive and 

mounting attachment must be loaded in 

accordance with paragraphs (a)(6)(i) and 

(ii) of this section, except as permitted 

by paragraph (a)(6)(iii) of this section for 

the final 120-minute test required under 

paragraph (f) of this section. 

(i) The load imposed by each 

accessory used only for aircraft service 

must be the limit load specified by the 

applicant for the engine drive and 

attachment point during rated 

maximum continuous power or thrust 

and higher output. 

(ii) The endurance test of any 

accessory drive and mounting 

attachment under load may be 

accomplished on a separate rig if the 

validity of the test is confirmed by an 

approved analysis. 

(iii) The applicant is not required to 

load the accessory drives and mounting 

attachments when running the tests 

under paragraphs (f)(1) through (f)(8) of 

this section if the applicant can 

substantiate that there is no significant 

effect on the durability of any accessory 

drive or engine component. However, 

the applicant must add the equivalent 

engine output power extraction from the 

power turbine rotor assembly to the 

engine shaft output. 

* * * * * 

(c) * * * 

(2) Rated maximum continuous and 

takeoff power. Thirty minutes at— 

(i) Rated maximum continuous power 

during fifteen of the twenty-five 6-hour 

endurance test cycles; and 

(ii) Rated takeoff power during ten of 

the twenty-five 6-hour endurance test 

cycles. 

(3) Rated maximum continuous 

power. One hour at rated maximum 

continuous power. 

(4) Rated 30-minute OEI power. Thirty 

minutes at rated 30-minute OEI power. 

(5) Incremental cruise power. Two 

hours and 30 minutes at the successive 

power lever positions corresponding 

with not less than 15 approximately 

equal speed and time increments 

between maximum continuous engine 

rotational speed and ground or 

minimum idle rotational speed. For 

engines operating at constant speed, 

power may be varied in place of speed. 

If there are significant peak vibrations 

anywhere between ground idle and 

maximum continuous conditions, the 

number of increments chosen must be 

changed to increase the amount of 

running conducted while subject to 

peak vibrations up to not more than 50 

percent of the total time spent in 

incremental running. 

(6) Acceleration and deceleration 

runs. Thirty minutes of accelerations 

and decelerations, consisting of six 

cycles from idling power to rated takeoff 

power and maintained at the takeoff 

power lever position for 30 seconds and 

at the idling power lever position for 

approximately 41⁄2 minutes. In 

complying with this paragraph, the 

power control lever must be moved 

from one extreme position to the other 

in not more than one second. If, 

however, different regimes of control 

operations are incorporated that 

necessitate scheduling of the power 

control lever motion from one extreme 

position to the other, then a longer 

period of time is acceptable, but not 

more than 2 seconds. 

(7) Starts. One hundred starts, of 

which 25 starts must be preceded by at 

least a two-hour engine shutdown. 

There must be at least 10 false engine 

starts, pausing for the applicant’s 

specified minimum fuel drainage time, 

before attempting a normal start. There 

must be at least 10 normal restarts not 

more than 15 minutes after engine 

shutdown. The remaining starts may be 

made after completing the 150 hours of 

endurance testing. 

* * * * * 

(f) Rotorcraft Engines for which 30- 

second OEI and 2-minute OEI ratings 

are desired. For each rotorcraft engine 

for which 30-second OEI and 2-minute 

OEI power ratings are desired, and 

following completion of the tests under 

paragraphs (b), (c), (d), or (e) of this 

section, the applicant may disassemble 

the tested engine to the extent necessary 

to show compliance with the 

requirements of § 33.93(a). The tested 

engine must then be reassembled using 

the same parts used during the test runs 

of paragraphs (b), (c), (d), or (e) of this 

section, except those parts described as 

consumables in the Instructions for 

Continued Airworthiness. Additionally, 

the tests required in paragraphs (f)(1) 

through (f)(7) of this section must be run 

continuously. If a stop occurs during 

these tests, the interrupted sequence 

must be repeated unless the applicant 

shows that the severity of the test would 


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25214 Federal Register / Vol. 72, No. 86 / Friday, May 4, 2007 / Proposed Rules 

not be reduced if it were continued. The 

applicant must conduct the following 

test sequence four times, for a total time 

of not less than 120 minutes: 

* * * * * 

(4) 30-minute OEI power, continuous 

OEI power, or maximum continuous 

power. Five minutes at whichever is the 

greatest of rated 30-minute OEI power, 

rated continuous OEI power, or rated 

maximum continuous power, except 

that, during the first test sequence, this 

period shall be 65 minutes. However, 

where the greatest rating power is 30- 

minute OEI power, that sixty-five 

minute period shall consist of 30 

minutes at 30-minute OEI power 

followed by 35 minutes at whichever is 

the greater of continuous OEI power or 

maximum continuous power. 

* * * * * 

(8) Idle. One minute at flight idle. 

* * * * * 

8. Amend § 33.88 by removing 

paragraph (b), redesignating (c) and (d) 

as paragraphs (b) and (c), respectively; 

and revising the text of the paragraph (a) 

and the new paragraph (b) to read as 

follows: 

§ 33.88 Engine overtemperature test. 

(a) In addition to the test requirements 

for the ratings as provided in paragraph 

(b) of this section, each engine must run 

for 5 minutes at maximum permissible 

rpm with the gas temperature at least 75 

°F (42 °C) higher than the maximum 

rating’s steady-state operating limit. 

Following this run, the turbine assembly 

must be within serviceable limits. 

(b) Each engine for which 30-second 

OEI and 2-minute OEI ratings are 

desired, that incorporates a means for 

automatic temperature control within its 

operating limitations in accordance with 

§ 33.67(d), must run for a period of 4 

minutes at the maximum power-on rpm 

with the gas temperature at least 35 °F 

(19 °C) higher than the maximum 

operating limit at 30-second OEI rating. 

Following this run, the turbine assembly 

may exhibit distress beyond the limits 

for an overtemperature condition 

provided the engine is shown by 

analysis or test, as found necessary by 

the FAA, to maintain the integrity of the 

turbine assembly. 

* * * * * 

9. Revise § 33.93(b)(2) to read as 

follows: 

§ 33.93 Teardown inspection. 

* * * * * 

(b) * * * 

(2) Each engine may exhibit 

deterioration in excess of that permitted 

in paragraph (a)(2) of this section, 

including some engine parts or 

components that may be unsuitable for 

further use. The applicant must show by 

inspection, analysis, test, or by any 

combination thereof as found necessary 

by the FAA, that structural integrity of 

the engine is maintained; or 

* * * * * 

10. Amend Appendix A to part 33 by 

revising A33.4 to read as follows: 

Appendix A to Part 33—Instructions for 

Continued Airworthiness 

* * * * * 

A33.4 AIRWORTHINESS LIMITATIONS 

SECTION 

The Instructions for Continued 

Airworthiness must contain a section titled 

Airworthiness Limitations that is segregated 

and clearly distinguishable from the rest of 

the manual. 

(a) For all engines: 

(1) The Airworthiness Limitations section 

must set forth each mandatory replacement 

time, inspection interval, and related 

procedure required for type certification. If 

the Instructions for Continued Airworthiness 

consist of multiple documents, the section 

required under this paragraph must be 

included in the principal manual. 

(2) This section must contain a legible 

statement in a prominent location that reads: 

‘‘The Airworthiness Limitations section is 

FAA approved and specifies maintenance 

required under §§ 43.16 and 91.403 of Title 

14 of the Code of Federal Regulations unless 

an alternative program has been FAA 

approved.’’ 

(b) For rotorcraft engines having 30-second 

OEI and 2-minute OEI ratings: 

(1) The Airworthiness Limitations section 

must also prescribe the mandatory post-flight 

inspections and maintenance actions 

associated with any use of either 30-second 

OEI or 2-minute OEI ratings. The applicant 

must validate the adequacy of these 

inspections and maintenance actions; and 

(2) The applicant must establish an inservice engine evaluation program to ensure 

the continued adequacy of the data for 

§ 33.5(b)(4) pertaining to power availability 

and the adequacy of the instructions for 

mandatory post flight inspection and 

maintenance actions. The program must 

include service engine tests or equivalent 

service engine test experience on engines of 

similar design and evaluations of service 

usage of the 30-second OEI or 2-minute OEI 

ratings. 

Issued in Washington, DC, on April 13, 

2007. 

John J. Hickey, 

Director, Aircraft Certification Service. 

[FR Doc. E7–7943 Filed 5–3–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–032] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Pamlico River, Washington, 

NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish temporary special local 

regulations for the ‘‘SBIP—Fountain 

Powerboats Kilo Run and Super Boat 

Grand Prix’’, a marine event to be held 

August 3 and August 5, 2007, on the 

waters of the Pamlico River, near 

Washington, North Carolina. These 

special local regulations are necessary to 

provide for the safety of life on 

navigable waters during the event. This 

action is intended to restrict vessel 

traffic in portions of the Pamlico River 

during the event. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

June 4, 2007. 

ADDRESSES: You may mail comments 

and related material to Commander 

(dpi), Fifth Coast Guard District, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004; hand-deliver them to 

Room 415 at the same address between 

9 a.m. and 2 p.m., Monday through 

Friday, except Federal holidays; fax 

them to (757) 398–6203; or e-mail them 

to Dennis.M.Sens@uscg.mil. The 

Inspections and Investigations Branch, 

Fifth Coast Guard District, maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at the above 

address between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Sens, Project Manager, 

Inspections and Investigations Branch, 

at (757) 398–6204. 

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD05–07–032), 


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