Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Proposed Rules 28005 

(1) Within the next 150 hours time-inservice (TIS) after the effective date of this 

AD, and thereafter at intervals not to exceed 

150 hours TIS, inspect the rudder trim tab 

upper pivot following the instructions in 

Pacific Aerospace Limited Mandatory Service 

Bulletin PACSB/XL/023, dated February 15, 

2007. 

(i) If there is any lateral movement of the 

bush found in any inspection required in 

paragraph (f)(1) of this AD, before further 

flight, install modification PAC/XL/0267, 

following Pacific Aerospace Limited 

Mandatory Service Bulletin PACSB/XL/023, 

dated February 15, 2007; and Pacific 

Aerospace Ltd. Drawing No. 11–03131, 

Drawing Approved Date: February 17, 2007. 

(ii) Modification PAC/XL/0267 comprises 

removing the upper bush P/N 11–33119–1 

and installing upper bearing P/N 11–33121–

1 following Pacific Aerospace Ltd. Drawing 

No. 11–03131, Drawing Approved Date: 

February 17, 2007. Modification PAC/XL/ 

0267 is a terminating action to the 

requirements of this AD. 

(2) Within the next 450 hours TIS after the 

effective date of this AD or within 24 months 

after the effective date of this AD, whichever 

occurs sooner, modify the rudder trim tab 

upper pivot with modification PAC/XL/0267 

following Pacific Aerospace Limited 

Mandatory Service Bulletin PACSB/XL/023, 

dated February 15, 2007, and Pacific 

Aerospace Ltd. Drawing No. 11–03131, 

Drawing Approved Date: February 17, 2007. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Civil Aviation Authority 

of New Zealand AD DCA/750XL/11, dated 

March 29, 2007; Pacific Aerospace Ltd. 

Mandatory Service Bulletin PACSB/XL/023, 

dated February 15, 2007; and Pacific 

Aerospace Ltd. Drawing No. 11–03131, 

Drawing Approved Date: February 17, 2007, 

for related information. 

Issued in Kansas City, Missouri, on May 

11, 2007. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–9597 Filed 5–17–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27861; Directorate 

Identifier 2007–CE–035–AD] 

RIN 2120–AA64 

Airworthiness Directives; British 

Aerospace Regional Aircraft Model 

Jetstream HP.137 Jetstream Mk.1, 

Jetstream Series 200, Jetstream Series 

3101, and Jetstream Model 3201 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

In-service reports have been received by 

BAE of failed bolts fitted to frame 199 wing 

spigot post assembly. If left uncorrected 

failure of these bolts will severely 

compromise the structural integrity of the 

wing to fuselage attachment. Failure of which 

would lead to loss of the aircraft. To address 

these concerns, BAE issued SB 57–JA020740 

original issue in February 2003 mandated by 

CAA AD 006–02–2003. Recently received 

additional information has caused BAE to 

raise the Service Bulletin to revision 2. 

Revision 2 of the SB introduces various 

changes. One is substantive, it relates to the 

need to check for correct washer installation. 

Incorrect installation could lead to fretting 

and fatigue crack initiation in the fitting 

followed by failure or bending loads in the 

bolt leading to failure of the affected bolts. If 

left uncorrected failure of these bolts or a 

wing fitting will severely compromise the 

structural integrity of the wing to fuselage 

attachment, failure of which would lead to 

loss of the aircraft. This substantive change 

to the service bulletin necessitates the raising 

of this superseding AD. 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by June 18, 2007. 

ADDRESSES: You may send comments by 

any of the following methods: 

• DOT Docket Web Site: Go to 

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

instructions for sending your comments 

electronically. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

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

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

Examining the AD Docket 

You may examine the AD docket on 

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

person at the Docket Management 

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

Monday through Friday, except Federal 

holidays. The AD docket contains this 

proposed AD, the regulatory evaluation, 

any comments received, and other 

information. The street address for the 

Docket Office (telephone (800) 647–

5227) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Doug Rudolph, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329–

4059; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. This streamlined 

process will allow us to adopt MCAI 

safety requirements in a more efficient 

manner and will reduce safety risks to 

the public. This process continues to 

follow all FAA AD issuance processes to 

meet legal, economic, Administrative 

Procedure Act, and Federal Register 

requirements. We also continue to meet 

our technical decision-making 

responsibilities to identify and correct 


cprice-sewell on PRODPC61 with PROPOSALS
28006 Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Proposed Rules 

unsafe conditions on U.S.-certificated 

products. 

This proposed AD references the 

MCAI and related service information 

that we considered in forming the 

engineering basis to correct the unsafe 

condition. The proposed AD contains 

text copied from the MCAI and for this 

reason might not follow our plain 

language principles. 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–27861; Directorate Identifier 

2007–CE–035–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued AD No: G–

2006–0003, dated February 2, 2006 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. 

The MCAI states: 

In-service reports have been received by 

BAE of failed bolts fitted to frame 199 wing 

spigot post assembly. If left uncorrected 

failure of these bolts will severely 

compromise the structural integrity of the 

wing to fuselage attachment. Failure of which 

would lead to loss of the aircraft. To address 

these concerns, BAE issued SB 57–JA020740 

original issue in February 2003 mandated by 

CAA AD 006–02–2003. Recently received 

additional information has caused BAE to 

raise the Service Bulletin to revision 2. 

Revision 2 of the SB introduces various 

changes. One is substantive, it relates to the 

need to check for correct washer installation. 

Incorrect installation could lead to fretting 

and fatigue crack initiation in the fitting 

followed by failure or bending loads in the 

bolt leading to failure of the affected bolts. If 

left uncorrected failure of these bolts or a 

wing fitting will severely compromise the 

structural integrity of the wing to fuselage 

attachment, failure of which would lead to 

loss of the aircraft. This substantive change 

to the service bulletin necessitates the raising 

of this superseding AD. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

British Aerospace Regional Aircraft 

has issued British Aerospace Jetstream 

Series 3100 and 3200 Service Bulletin 

57–JA020740, Revision 2, dated 

November 2, 2005. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 195 products of U.S. 

registry. We also estimate that it would 

take about 50 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $100 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 costs. 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 the proposed AD on U.S. 

operators to be $799,500, or $4,100 per 

product. 

Estimate above is based on Pre-Mod 

7130 installed per airplane. We estimate 

it would take about 25 work-hours per 

product if Post-Mod 7130 is installed. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

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

DOT Regulatory Policies and Procedures 

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

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 


cprice-sewell on PRODPC61 with PROPOSALS
Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Proposed Rules 28007 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

British Aerospace Regional Aircraft: Docket 

No. FAA–2007–27861; Directorate 

Identifier 2007–CE–035–AD. 

Comments Due Date 

(a) We must receive comments by June 18, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Jetstream HP.137 

Jetstream Mk.1, Jetstream Series 200, 

Jetstream Series 3101, and Jetstream Model 

3201 airplanes, all serial numbers, 

certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

In-service reports have been received by 

BAE of failed bolts fitted to frame 199 wing 

spigot post assembly. If left uncorrected 

failure of these bolts will severely 

compromise the structural integrity of the 

wing to fuselage attachment. Failure of which 

would lead to loss of the aircraft. To address 

these concerns, BAE issued SB 57–JA020740 

original issue in February 2003 mandated by 

CAA AD 006–02–2003. Recently received 

additional information has caused BAE to 

raise the Service Bulletin to revision 2. 

Revision 2 of the SB introduces various 

changes. One is substantive, it relates to the 

need to check for correct washer installation. 

Incorrect installation could lead to fretting 

and fatigue crack initiation in the fitting 

followed by failure or bending loads in the 

bolt leading to failure of the affected bolts. If 

left uncorrected failure of these bolts or a 

wing fitting will severely compromise the 

structural integrity of the wing to fuselage 

attachment. Failure of which would lead to 

loss of the aircraft. This substantive change 

to the service bulletin necessitates the raising 

of this superseding AD. 

Actions and Compliance 

(f) Unless already done, do the following 

actions using British Aerospace Jetstream 

Series 3100 and 3200 Service Bulletin 57–

JA020740, Revision 2, dated November 2, 

2005. 

(1) Initially, within 90 days or 100 hours 

time-in-service (TIS), whichever occurs first, 

after the effective date of this AD and 

repetitively thereafter at intervals not to 

exceed 4,000 hours TIS, inspect and torque 

check the bolts at frame 199. 

(2) If any discrepancies are found in any 

of the inspections required in paragraph (f)(1) 

of this AD, before further flight, correct any 

discrepancies. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: We added 

repetitive inspection requirements in this 

proposed AD to coincide with the service 

bulletin. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Staff, 

FAA, ATTN: Doug Rudolph, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4059; fax: (816) 

329–4090, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to European Aviation Safety 

Agency (EASA)AD No: G–2006–0003, dated 

February 2, 2006; and BAE SYSTEMS 

Jetstream Series 3100 and 3200 Service 

Bulletin 57–JA020740, Revision 2, dated 

November 2, 2005, for related information. 

Issued in Kansas City, Missouri, on May 

11, 2007. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–9603 Filed 5–17–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 303 

Early Intervention Program for Infants 

and Toddlers With Disabilities 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Notice of public meetings about 

the Part C notice of proposed 

rulemaking (NPRM). 

SUMMARY: On May 9, 2007, the Secretary 

published the Part C NPRM, proposing 

to amend the regulations governing the 

Early Intervention Program for Infants 

and Toddlers with Disabilities. The 

Secretary announces plans to hold a 

series of public meetings to seek 

comments and suggestions about the 

proposed rules. The proposed 

regulations would implement changes 

made to the Individuals with 

Disabilities Education Act (IDEA) by the 

Individuals with Disabilities Education 

Improvement Act of 2004. 

DATES: Four public meetings will be 

held on June 4, 2007, June 6, 2007, June 

11, 2007, and June 14, 2007. 

ADDRESSES: We will hold four public 

meetings about the Part C NPRM: 

1. June 4, 2007, 4 p.m. to 7:30 p.m., 

Portland—Embassy Suites Hotel 

Portland Airport (Pine & Spruce Room), 

7900 Northeast 82nd Avenue, Portland, 

OR. 

2. June 6, 2007, 4 p.m. to 7:30 p.m., 

Oklahoma City—Metro Technology 

Centers (Auditorium), 1900 Springlake 

Drive, Oklahoma City, OK. 

3. June 11, 2007, 4 p.m. to 7:30 p.m., 

Indianapolis—Indiana Government 

Center South Conference Center 

(Auditorium), 402 W. Washington 

Street, Indianapolis, IN. 

4. June 14, 2007, 3 p.m. to 7:30 p.m., 

Washington—Academy for Educational 

Development, 1825 Connecticut Ave. 

NW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Race, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 5145, Potomac Center Plaza, 

Washington, DC 20202–2600. 

Telephone: (202) 245–6443. 

SUPPLEMENTARY INFORMATION: If you use 

a telecommunications device for the 

deaf (TDD), you may call the Federal 

Relay System (FRS) at 1–800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g. Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Assistance to Individuals With 

Disabilities at the Public Meetings 

The meeting sites are accessible to 

individuals with disabilities. If you will 

need an auxiliary aid or service to 

participate in the meeting (e.g., 

interpreting service, assistive listening 

device, or materials in an alternate 

format), notify the contact person listed 


cprice-sewell on PRODPC61 with PROPOSALS