Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations 21811 

intended to deter vendor violations, not 

the violations of participants or program 

officials. If a State agency does not view 

this revised language as meeting all of 

its concerns, then the State agency may 

exercise its discretion to not issue such 

notices. 

List of Subjects in 7 CFR Part 246 

Food assistance programs, Food 

donations, Grant programs—social 

programs, Indians, Infants and children, 

Maternal and child health, Nutrition, 

Nutrition education, Public assistance 

programs, WIC, Women. 

Accordingly, for the reasons set forth 

in the preamble, 7 CFR part 246 is 

amended as follows: 

PART 246—SPECIAL SUPPLEMENTAL 

NUTRITION PROGRAM FOR WOMEN, 

INFANTS AND CHILDREN 

■ 1. The authority citation for part 246 

continues to read as follows: 

Authority: 42 U.S.C. 1786. 

■ 2. In § 246.16a: 

■ a. Amend paragraph (c)(3)(i), 

(c)(3)(ii)(A) and (B) by removing the 

reference ‘‘§ 246.10(c)(1)(i)’’ wherever it 

appears and replacing it with 

‘‘§ 246.10(e)(1)(iii) and 

§ 246.10(e)(2)(iii)’’. 

■ b. Amend paragraph (c)(4)(i) by 

removing the reference 

‘‘§ 246.10(c)(1)(vi)’’ and replacing it 

with ‘‘§ 246.10(e)(9)(Table1))’’. 

■ c. Amend paragraph (e) by removing 

the reference ‘‘§ 246.4(a)(14)(xi)’’ and 

replacing it with ‘‘§ 246.4(a)(14)(x)’’. 

■ d. Amend paragraph (j)(2) by 

removing the reference ‘‘§ 246.10(f); or’’

and replacing it with ‘‘§ 246.10(g);’’. 

■ e. Amend paragraph (j)(3) by 

removing the period at the end of the 

paragraph and adding in its place a 

semicolon followed by the word ‘‘or’’; 

and 

■ f. Add paragraph (j)(4) to read as 

follows: 

§ 246.16a Infant formula cost containment. 

* * * * * 

(j) * * * 

■ (4) Require infant formula 

manufacturers to provide gratis infant 

formula or other items. 

* * * * * 

■ 3. In § 246.18, add new paragraphs 

(a)(1)(ii)(I) and (a)(1)(ii)(J) to read as 

follows: 

§ 246.18 Administrative review of State 

agency actions. 

(a) * * * 

(1) * * * 

(ii) * * * 

(I) A civil money penalty imposed in 

lieu of disqualification based on a Food 

Stamp Program disqualification under 

§ 246.12(l)(1)(vii) and, 

(J) Denial of an application based on 

a determination of whether an applicant 

vendor is currently authorized by the 

Food Stamp Program. 

* * * * * 

■ 4. In § 246.26: 

■ a. Amend the first sentence of the 

introductory text of paragraph (e) by 

removing the words ‘‘and authorization 

status’’ and by adding, in their place, 

the words ‘‘, telephone number, Web 

site/e-mail address, store type, and 

authorization status’’; 

■ b. Amend paragraph (e)(2) by adding 

the words ‘‘or local law or ordinance’’

at the end of the first sentence; and, 

■ c. Add a new paragraph (e)(4) to read 

as follows: 

§ 246.26 Other provisions. 

* * * * * 

(e) * * * 

■ (4) At the discretion of the State 

agency, all authorized vendors and 

vendor applicants regarding vendor 

sanctions which have been imposed, 

identifying only the vendor’s name, 

address, length of the disqualification or 

amount of the civil money penalty, and 

a summary of the reason(s) for such 

sanction provided in the notice of 

adverse action. Such information may 

be disclosed only following the 

exhaustion of all administrative and 

judicial review, in which the State 

agency has prevailed, regarding the 

sanction imposed on the subject vendor, 

or the time period for requesting such 

review has expired. 

* * * * * 

Dated: April 10, 2008. 

Roberto Salazar, 

Administrator, Food and Nutrition Service. 

[FR Doc. E8–8767 Filed 4–22–08; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0411; Directorate 

Identifier 2008–NM–061–AD; Amendment 

39–15488; AD 2008–09–07] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 757 Airplanes and Model 767–

200, 767–300, and 767–300F Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Boeing Model 757 airplanes and Model 

767–200, 767–300, and 767–300F series 

airplanes. This AD requires revising the 

Limitations section of the airplane flight 

manual to advise the flight crew of 

procedures to follow to ensure that a 

fuel filter impending bypass condition 

due to gross fuel contamination is 

detected in a timely manner. This AD 

was prompted by an error in the 

operating program software (OPS) of the 

engine indication and crew alerting 

system (EICAS). The error prevents the 

display of an advisory message to the 

flight crew of a left engine fuel filter 

contamination and imminent bypass 

condition, which may indicate an 

imminent multiple engine thrust loss or 

engine malfunction event due to fuel 

contamination. We are issuing this AD 

to prevent malfunction and thrust loss 

on both engines, which could result in 

a forced off-airport landing. 

DATES: This AD is effective May 8, 2008. 

We must receive comments on this 

AD by June 23, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.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 AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647–

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Judy 

Coyle, Aerospace Engineer, Propulsion 

Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

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21812 Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6497; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We have been advised that an 

operator discovered an error in the 

Engine Indication and Crew Alerting 

System (EICAS) operating program 

software (OPS) Version 6. This software 

error prevents the display of the ‘‘L ENG 

FUEL FILT’’ advisory message to the 

flight crew. This message was intended 

to be displayed if an impending 

clogging condition of the left engine fuel 

filter exists. (The corresponding 

message for the right engine functions 

normally.) Boeing has determined that 

this software error is isolated to the 

EICAS OPS Version 6. This software is 

currently approved for installation on 

all Boeing Model 757 airplanes, and 

Model 767–200, 767–300, and 767–300F 

series airplanes. (Model 767–400ER 

series airplanes use different software.) 

OPS Version 6 was approved in mid2007 for production and retrofit 

installation. Boeing’s records show that 

the majority of the affected airplanes 

currently have Version 6 software 

installed. Absence of an engine fuel 

filter bypass indication for each engine 

eliminates the only effective advance 

warning the flight crew will receive of 

potential engine malfunction due to a 

gross fuel contamination event on the 

airplane. Without such advance 

warning, malfunction and thrust loss on 

both engines due to fuel contamination 

could cause a forced off-airport landing. 

FAA’s Determination and Requirements 

of This AD 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the(se) 

same type design(s). This AD requires 

revising the Limitations section of the 

airplane flight manual (AFM) to advise 

the flight crew of procedures to follow 

to ensure that a fuel filter impending 

bypass condition due to gross fuel 

contamination is detected in a timely 

manner. 

The actions specified by paragraph (f) 

of this AD are not required when all 

affected airplanes in an operator’s fleet 

have been verified by the operator to 

have an EICAS computer with a 

particular part number and EICAS OPS 

versions other than Version 6 software. 

This exception is currently available for 

Model 757 and 767 passenger airplanes 

and for new production freighter 

airplanes, but will be available for nonproduction-modified freighter airplanes 

only when OPS versions later than 

Version 6 software become available. 

Non-production-modified freighter 

airplanes include, but are not limited to, 

Model 757 airplanes modified in 

accordance with Supplemental Type 

Certificate (STC) ST01920LA, and 

Model 767 series airplanes modified in 

accordance with design approvals 

granted to Boeing for the Boeing 

Converted Freighter (BCF) or Special 

Freighter (SF) configurations. Only OPS 

Version 6 software or a later OPS 

version was approved by the FAA for 

use on non-production-modified 

freighter airplanes; this is because cargo 

door indications required for 

certification of those freighter 

conversion modifications were 

introduced at Version 6. 

FAA’s Justification and Determination 

of the Effective Date 

Because of our requirement to 

promote safe flight of civil aircraft, and 

thus the critical need to ensure that the 

flight crew has procedures to follow to 

ensure that a fuel filter impending 

bypass condition due to gross fuel 

contamination is detected in a timely 

manner, and because of the short 

compliance time involved with this 

action, this AD must be issued 

immediately. 

Because an unsafe condition exists 

that requires the immediate adoption of 

this AD, we find that notice and 

opportunity for prior public comment 

hereon are impracticable and that good 

cause exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA–

2008–0411; Directorate Identifier 2008–

NM–061–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this AD because of 

those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

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 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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. 

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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Rules and Regulations 21813 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2008–09–07 Boeing: Amendment 39–15488. 

Docket No. FAA–2008–0411; Directorate 

Identifier 2008–NM–061–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective May 8, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Boeing Model 

757–200, –200PF, –200CB, and –300 series 

airplanes, and Model 767–200, 767–300, and 

767–300F series airplanes, certificated in any 

category. 

Unsafe Condition 

(d) This AD was prompted by an error in 

the operating program software (OPS) of the 

engine indication and crew alerting system 

(EICAS). The error prevents the display of an 

advisory message to the flight crew of a left 

engine fuel filter contamination and 

imminent bypass condition, which may 

indicate an imminent multiple engine thrust 

loss or engine malfunction event due to fuel 

contamination. We are issuing this AD to 

prevent malfunction and thrust loss on both 

engines, which could result in a forced offairport landing. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Revision of Airplane Flight Manual (AFM) 

(f) Within 30 days after the effective date 

of this AD, revise the Limitations section of 

the applicable AFM to include the following. 

This may be done by inserting a copy of this 

AD into the AFM. 

‘‘If the STATUS cue shows while on the 

ground after engine start or during flight, 

select the status page on the secondary 

EICAS display, and verify the ‘‘L ENG FUEL 

FILT’’ message is not shown. If the ‘‘L ENG 

FUEL FILT’’ message is not shown on the 

status page, the secondary engine parameters 

may be reselected on the secondary EICAS 

display, or the display may be blanked. If the 

‘‘L ENG FUEL FILT’’ message is shown on 

the status display, accomplish the ENGINE 

FUEL FILTER non-normal checklist as 

published in the Boeing Quick Reference 

Handbook. If on the ground, check the 

Dispatch Deviations Guide (DDG), or operator 

equivalent. 

In the event that the status level ‘‘L ENG 

FUEL FILT’’ and advisory level ‘‘R ENG 

FUEL FILT’’ messages are simultaneously 

shown, an impending fuel filter bypass 

condition exists on both engines. With both 

messages shown, airplane fuel system 

contamination may be present and may result 

in erratic engine operation or flameout. 

Further flight crew action in response to 

either or both the ‘‘L ENG FUEL FILT’’ statuslevel message and the ‘‘R ENG FUEL FILT’’

advisory level messages being shown are not 

established by Boeing or the FAA. Any 

further flight crew action should be 

determined by individual operator policy. 

Boeing policy on flight crew use of statuslevel messages has not changed. After engine 

start, any condition having an adverse effect 

on safe continuation of the flight appears as 

an EICAS alert message (Warning, Caution, or 

Advisory). If other status-level messages are 

shown as a consequence of complying with 

these temporary operating instructions, the 

flight crew should respond in accordance 

with the appropriate operator policy. 

Dispatch of the airplane with an 

inoperative EICAS display unit is prohibited. 

(g) If all affected airplanes in an operator’s 

fleet have been verified by the operator to 

have EICAS computer part number 

S242N701–1001 and only EICAS OPS 

versions other than Version 6 software that 

are FAA approved for that airplane, then 

accomplishment of the actions specified in 

paragraph (f) of this AD is not required. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: Judy 

Coyle, Aerospace Engineer, Propulsion 

Branch, ANM–140S, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6497; fax (425) 917–6590; has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures 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. 

Material Incorporated by Reference 

(i) None. 

Issued in Renton, Washington, on April 14, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–8653 Filed 4–22–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No FAA–2007–29260; Airspace 

Docket 07–ASO–24] 

Establishment of Class E Airspace; 

Winona, MS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Winona, MS. An Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedures (SIAP) Runways 

(RWY) 03–21 has been developed for 

Winona-Montgomery County Airport 

and as a result, controlled airspace 

extending upward from 700 feet Above 

Ground Level (AGL) is needed to 

contain the SIAP and for Instrument 

Flight Rule (IFR) operations at WinonaMontgomery County Airport. The 

operating status of the airport will 

change from Visual Flight Rules (VFR) 

to include IFA operations concurrent 

with the publication of the SIAP. 

DATES: 0901 UTC, June 5, 2008. The 

Director of the Federal Register 

approves this incorporation by reference 

action under Title 1, Code of Federal 

Regulations, part 51, subject to the 

annual revision of FAA Order 7400.9 

and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, System Support, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

On January 31, 2008, the FAA 

proposed to amend part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) by establishing Class E at 

Winona, MS, (73 FR 5776). This action 

provides adequate Class E airspace for 

IFR operations at Winona-Montgomery 

County Airport. Designations for Class E 

airspace are published in FAA Order 

7400.9R, signed August 15, 2007, and 

effective September 15, 2007, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments objecting to the proposal 

were received. The area will be depicted 

on Aeronautical Charts for pilot 

reference. 

The Rule 

The FAA is amending Part 71 of the 

Code of Federal Regulations (14 CFR 

part 71) to establish Class E airspace at 

Winona, MS, to provide controlled 

airspace required to support the Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard instrument 

Approach Procedures (SIAP) Runways 

(RWY) 03/21 that were developed for 

Winona-Montgomery County Airport. 

The FAA has determined that this 

proposed regulation only involves an 

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