Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Rules and Regulations 23765 

few years, rising to 50 percent of total 

exports of 12,042 tons for the 2005–2006 

marketing year. The industry continues 

to pursue export opportunities. 

There are some reporting, 

recordkeeping, and other compliance 

requirements under the order. The 

reporting and recordkeeping burdens 

are necessary for compliance purposes 

and for developing statistical data for 

maintenance of the program. The 

information collection requirements are 

currently approved by the Office of 

Management and Budget under OMB 

No. 0581–0178, Vegetable and Specialty 

Crops. The forms require information 

which is readily available from handler 

records and which can be provided 

without data processing equipment or 

trained statistical staff. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

This rule does not change those 

requirements. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Further, the Board’s meetings were 

widely publicized throughout the 

hazelnut industry and all interested 

persons were invited to attend the 

meetings and participate in Board 

deliberations. Like all Board meetings, 

those held on August 24 and November 

15, 2006, were public meetings and all 

entities, both large and small, were able 

to express their views on this issue. 

An interim final rule concerning this 

action was published in the Federal 

Register on January 22, 2007. Copies of 

this rule were mailed by the Board’s 

staff to all Board members. In addition, 

the rule was made available through the 

Internet by the Office of the Federal 

Register. A 60-day comment period 

ending March 23, 2007, was provided to 

allow interested parties to respond to 

the rule. No comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Board and other 

available information, it is hereby found 

that finalizing the interim final rule, 

without change, as published in the 

Federal Register (72 FR 2599, January 

22, 2007) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 982 

Filberts, Hazelnuts, Marketing 

agreements, Nuts, Reporting and 

recordkeeping requirements. 

PART 982—HAZELNUTS GROWN IN 

OREGON AND WASHINGTON 

■ Accordingly, the interim final rule 

amending 7 CFR part 982 which was 

published at 72 FR 2599 on January 22, 

2007, is adopted as a final rule without 

change. 

Dated: April 25, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–8235 Filed 4–30–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27014; Directorate 

Identifier 2006–NM–253–AD; Amendment 

39–15041; AD 2007–09–09] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330 Airplanes and Model A340–200 

and –300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an airworthiness authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as un-damped extension of 

the main landing gear (MLG), 

potentially leading to loss of side stay 

integrity and then MLG collapse. We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective June 

5, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of June 5, 2007. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street, 

SW., Nassif Building, Room PL–401, 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: Tim 

Backman, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2797; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. This streamlined 

process will allow us to adopt MCAI 

safety requirements in a more efficient 

manner and will reduce safety risks to 

the public. This process continues to 

allow all FAA AD issuance processes to 

meet legal, economic, Administrative 

Procedure Act, and Federal Register 

requirements. We also continue to meet 

our technical decision-making 

responsibilities to identify and correct 

unsafe conditions on U.S.-certificated 

products. 

This AD references the MCAI and 

related service information that we 

considered in forming the engineering 

basis to correct the unsafe condition. 

The AD contains text copied from the 

MCAI and for this reason might not 

follow our plain language principles. 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on January 26, 2007 (72 FR 

3759). That NPRM proposed to require 

replacement of the retraction link 

assembly. The MCAI states that during 

full-scale fatigue tests, the retraction 

link failed on the latest growth 

production standard MLG (main landing 

gear) prior to its expected life limit. 

Investigations confirm that the root 

cause of this premature fracture is due 

to high lug stress. The retraction link is 

included in the ALS (Airworthiness 

Limitation section) Part 1—Safe Life 

Airworthiness Limitation Item—and is 

currently limited to 35,200 flight cycles 

(FC). Its fracture causes un-damped 

extension of the MLG, potentially 

leading to loss of side stay integrity and 


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23766 Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Rules and Regulations 

then MLG collapse, which constitutes 

an unsafe condition. The aim of the 

MCAI is to mandate the reduced 

retraction link life limit and 

replacement of any retraction link that 

has exceeded this new limit. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable in a U.S. 

court of law. In making these changes, 

we do not intend to differ substantively 

from the information provided in the 

MCAI and related service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

described in a separate paragraph of the 

AD. These requirements, if any, take 

precedence over the actions copied from 

the MCAI. 

Costs of Compliance 

We estimate that this AD will affect 

28 products of U.S. registry. We also 

estimate that it will take about 10 workhours per product to comply with this 

AD. The average labor rate is $80 per 

work-hour. Required parts will cost 

about $0 per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these parts. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of 

this AD to the U.S. operators to be 

$22,400, or $800 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this 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 

DOT Regulatory Policies and Procedures 

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

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD Docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov; or in 

person at the Docket Management 

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

Monday through Friday, except Federal 

holidays. The AD docket contains the 

NPRM, the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Office (telephone (800) 647– 

5227) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2007–09–09 Airbus: Amendment 39–15041. 

Docket No. FAA–2007–27014; 

Directorate Identifier 2006–NM–253–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective June 5, 2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A330 

airplanes, and Model A340–200 and -300 

series airplanes, certificated in any category; 

all serial numbers fitted with MLG (main 

landing gear) retraction link Part Number 

(PN) 201489311 (LH (left-hand) side) or PN 

201489312 (RH (right-hand) side). 

Reason 

(d) The MCAI states that during full-scale 

fatigue tests, the retraction link failed on the 

latest growth production standard MLG 

(main landing gear) prior to its expected life 

limit. Investigations confirm that the root 

cause of this premature fracture is due to 

high lug stress. The retraction link is 

included in the ALS (Airworthiness 

Limitation section) Part 1—Safe Life 

Airworthiness Limitation Item—and 

currently limited to 35,200 flight cycles (FC). 

Its fracture causes un-damped extension of 

the MLG, potentially leading to loss of side 

stay integrity and then MLG collapse, which 

constitutes an unsafe condition. The aim of 

the MCAI is to mandate the reduced 

retraction link life limit and replacement of 

any retraction link that has exceeded this 

new limit. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) Prior to the accumulation of 8,300 total 

landings on the retraction link assembly or 

within 39 days after the effective date of this 

AD, whichever occurs later, replace the 

retraction link assembly in accordance with 

the instructions defined in Airbus All 

Operators Telex A330–32A3208, dated 

October 18, 2006; or Airbus All Operators 

Telex A340–32A4252, dated October 18, 

2006; as applicable. 

(2) Within 39 days after the effective date 

of this AD, report to Airbus the life 

accumulation information of each retraction 

link assembly affected by this AD in 

accordance with Airbus All Operators Telex 

A330–32A3208, dated October 18, 2006; or 

Airbus All Operators Telex A340–32A4252, 

dated October 18, 2006; as applicable. 

Note 1: This reduced life limit will be 

incorporated within the next revision of the 

Airbus A330/A340 ALS Part 1. 


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Federal Register / Vol. 72, No. 83 / Tuesday, May 1, 2007 / Rules and Regulations 23767 

Other FAA AD Provisions 

(f) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, ATTN: Tim Backman, 

Aerospace Engineer, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Before using any AMOC approved 

in accordance with § 39.19 on any airplane 

to which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(g) Refer to MCAI European Aviation 

Safety Agency Emergency Airworthiness 

Directive 2006–0324–E, dated October 20, 

2006; and Airbus All Operators Telex A330– 

32A3208, dated October 18, 2006; and Airbus 

All Operators Telex A340–32A4252, dated 

October 18, 2006, for related information. 

Material Incorporated by Reference 

(h) You must use Airbus All Operators 

Telex A330–32A3208, dated October 18, 

2006; or Airbus All Operators Telex A340– 

32A4252, dated October 18, 2006; as 

applicable, to do the actions required by this 

AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Airbus, 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France. 

(3) You may review copies at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on April 23, 

2007. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E7–8170 Filed 4–30–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2007–27838; Airspace 

Docket No. 07–ACE–6] 

Modification of Class E Airspace; 

Hugoton, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends Title 14 

Code of Federal regulations, part 71 (14 

CFR 71) by modify Class E airspace at 

Hugoton Municipal Airport, KS. 

Standard Instrument Approach 

Procedures have been developed for 

Hugoton Municipal Airport, KS. 

Additional controlled airspace 

extending upward from the surface and 

upward from 700 feet above the surface 

of the earth is needed to contain aircraft 

executing these approaches. This action 

increases the area of the existing 

controlled airspace for Hugoton 

Municipal Airport, KS. 

DATES: This direct final rule is effective 

on 0901 UTC, August 30, 2007. The 

Director of the Federal Register 

approves this incorporation by reference 

action under 1 CFR Part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. Comments for inclusion 

in the Rules Docket must be received on 

or before June 1, 2007. 

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2007–27838/ 

Airspace Docket No. 07–ACE–6, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

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

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Grant Nichols, System Support, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2522. 

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR 71 modifies the 

Class E airspace area at Hugoton 

Municipal Airport, KS. The radius of 

the Class E airspace area extending 

upward from 700 feet or more above the 

surface of the earth is expanded from 

within a 6.5-mile radius to within a 7.2- 

mile radius of the airport. This 

modification brings the legal description 

of the Hugoton Municipal Airport, KS 

Class E5 airspace area into compliance 

with FAA Orders 7400.2F and 

8260.19C. Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth are 

published in Paragraph 6005 of FAA 

Order 7400.9P, Airspace Designations 

and Reporting Points, dated September 

1, 2006, and effective September 15, 

2006, which is incorporated by 

reference in 14 CFR 71.1. of the same 

order. The Class E airspace designations 

listed in this document would be 

published subsequently in the Order. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. Unless 

a written adverse or negative comment 

or a written notice of intent to submit 

an adverse or negative comment is 

received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period. 

Comment Invited 

Interested parties are invited to 

participate in this rulemaking by 

submitting such written data, views, or 

arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

document numbers and be submitted in 


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