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

55105 

Vol. 72, No. 188 

Friday, September 28, 2007 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

7 CFR Part 718 

Commodity Credit Corporation 

7 CFR Parts 1412 and 1427 

RIN 0560–AH75 

Cash and Share Lease Provisions for 

Future Farm Programs 

AGENCIES: Farm Service Agency and 

Commodity Credit Corporation, USDA. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: This advance notice of 

proposed rulemaking seeks comments 

with respect to the manner in which socalled ‘‘combination’’ or ‘‘flex’’ leases 

are viewed by the Department of 

Agriculture in the administration of 

various programs that are administered 

by the Farm Service Agency (FSA) and 

the Risk Management Agency (RMA). 

This includes those programs of the 

Commodity Credit Corporation (CCC) 

that are administered by FSA on behalf 

of CCC and those programs of the 

Federal Crop Insurance Corporation 

(FCIC) that are administered by RMA on 

behalf of FCIC. Changes have occurred 

within agriculture that relate to the 

types of leases. A traditional crop share 

lease is a lease where the landlord 

receives a share of the crop production 

in full satisfaction of the rent. A 

traditional cash lease is a lease where 

the tenant pays the landlord a set cash 

amount regardless of the quantity of the 

tenant’s production of a crop. New types 

of leases may contain traits of both a 

share lease and a cash lease. 

Accordingly, existing program 

provisions may not accurately and 

appropriately take these new lease types 

into consideration. 

DATES: We will consider comments that 

we receive by November 27, 2007. 

ADDRESSES: We invite you to submit 

comments on this advance notice of 

proposed rulemaking. In your comment, 

include the volume, date, and page 

number of this issue of the Federal 

Register. You may submit comments by 

any of the following methods: 

E-Mail: 

Salomon.Ramirez@wdc.usda.gov. 

Mail: Director, Production, 

Emergencies, & Compliance Division, 

Farm Service Agency (FSA), United 

States Department of Agriculture 

(USDA), STOP 0517, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0517. 

Fax: Submit comments by facsimile 

transmission to (202) 690–2130. 

Hand Delivery or Courier: Deliver 

comments to the above address. 

Federal eRulemaking Portal: Go to 

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

online instructions for submitting 

comments. 

Comments may be inspected in the 

Office of the Director, PECD, FSA, 

USDA, Room 3752–S, South Building, 

Washington, DC, between 8 a.m. and 

4:30 p.m. Monday through Friday, 

except holidays. 

FOR FURTHER INFORMATION CONTACT: 

Salomon Ramirez, Director, Production 

Emergencies and Compliance Division, 

USDA FSA PECD, STOP 0517, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0517, (202) 720– 

7641, e-mail: 

Salomon.Ramirez@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The purpose of this advance notice of 

proposed rulemaking is to obtain 

comments with respect to the manner in 

which so-called ‘‘combination’’ or 

‘‘flex’’ leases are viewed by the 

Department of Agriculture in the 

administration of various programs that 

are administered by RMA and FSA, 

including those programs of CCC that 

are administered by FSA on behalf of 

CCC and those programs of FCIC that 

are administered by RMA on behalf of 

FCIC. In order to make timely decisions 

as to whether changes in program 

provisions are needed to reflect changes 

in landlord-tenant lease arrangements 

with respect to programs that may be 

authorized by Congress with respect to 

the 2008 crop year. 

The desire to obtain comments on this 

matter is based upon several 

considerations for FSA and RMA 

programs. 

Significant changes are occurring 

within agriculture due to increases in 

land values, input costs, and commodity 

prices. In attempt to share the direct and 

indirect impacts of these and related 

costs, landlords and tenants have 

formulated leases that are neither a 

strict crop share lease (that is, a lease 

where the landlord receives a share of 

the crop production in full satisfaction 

of the rent) nor a cash lease (that is, a 

lease where the landlord receives a set 

cash amount regardless of the quantity 

of production of a crop achieved by the 

tenant). Rather, these new types of 

leases may contain traits of both a share 

lease and a cash lease. Accordingly, 

existing program provisions may not 

accurately and appropriately take these 

new lease types into consideration. 

FCIC crop insurance policies provide 

coverage to persons who have an 

insurable interest in the crop. Generally, 

a cash rent landlord does not have such 

an interest, but a share rent landlord 

does. Thus, leases that have attributes of 

both a cash lease and a share lease raise 

the issue of whether the landlord has an 

insurable interest and, if so, what 

percentage of the crop production 

should be considered to be insurable by 

the landlord. 

Over the course of the past 25 years, 

FSA has been aware of situations where 

non-traditional leases have been used by 

persons in attempts to avoid the impact 

of statutory payment limitation 

provisions. Generally, in the making of 

commodity program payments subject 

to these limitations, FSA looks to the 

division of crop production as specified 

in a lease to determine to whom these 

payments should be paid and accounted 

for under statutory payment limitation 

provisions. Thus, FSA takes these 

concerns into account in relation to the 

considerations listed above. 

FSA and RMA are engaged in efforts 

to have compatible, if not uniform, 

terms and conditions between our 

programs wherever possible. This is of 

particular importance with respect to 

the administration of FCIC crop 

insurance policies and the simultaneous 

implementation by FSA of the 

Noninsured Crop Disaster Assistance 

Program (NAP), where the same crop 

loss may trigger assistance under FCIC 

crop insurance policies and under FSAadministered programs. 


pwalker on PROD1PC71 with PROPOSALS
55106 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules 

Types of Leases 

Currently, for FSA and RMA 

programs, three categories of leases are 

considered: Cash leases, share leases, 

and combination leases. 

A cash lease is a lease in which the 

tenant agrees to pay to the landlord a set 

sum of money for the right to use 

specified land. A cash lease also 

includes those leases where an in-kind 

payment is made to the landlord for a 

specifically agreed upon quantity of an 

agricultural commodity and title to that 

quantity must be provided to the 

landlord by the tenant regardless of the 

quantity of crops produced on the 

leased land. In cash leases, the payment 

must be made regardless of the quantity 

of crops produced on such land and 

without regard to the price received for 

the production of the commodity. The 

payment of the rent may be made at 

anytime during the year, either before or 

after access to the land is provided by 

the landlord. 

A share lease is a lease in which the 

tenant agrees to provide to the landlord 

a specified percentage of the crops 

produced on the leased land. If there is 

no production, the landlord receives 

nothing in return for the use of the land. 

A combination lease is a lease that 

contains attributes of both a cash lease 

and a share lease. Examples of such 

leases would include those that provide: 

• A fixed cash payment of $150 per 

acre plus 10 percent of the crop 

production from the leased land. 

• A fixed cash payment of $150 per 

acre plus one-half of the bushels above 

150 bushels per acre produced on the 

farm. 

• A fixed cash payment of $150 per 

acre plus 10 bushels per acre if the crop 

produces above 150 bushels per acre on 

the farm. 

• A fixed cash payment of $150 per 

acre plus $0.50 per bushel if the corn 

price received by the operator exceeds 

$3.50 per bushel. 

• A fixed cash payment of $150 per 

acre plus $30 per acre if the gross 

revenue of the crop produced on the 

farm exceeds $500 per acre. 

• A fixed cash payment of $150 per 

acre plus $30 per acre if the county 

average yield exceeds 150 bushels per 

acre. 

• A fixed cash payment of $150 per 

acre plus $10 per acre if the Chicago 

Board of Trade futures for October 

delivery exceeds $4.00 per bushel. 

• A rental term where the landlord 

receives one-third of all crops produced 

on the leased land plus $25 dollar per 

acre if production is greater than 130 

percent of the historical crop yield for 

the leased land. 

• A rental term where the landlord 

receives one-third of all crops produced 

on the leased land plus $50 dollar per 

acre if the market price received by the 

tenant exceeds a set dollar amount. 

Current Treatment of Leases by FSA 

and CCC in Provisions Applicable to 

Multiple Programs 

The FSA regulations in 7 CFR 718.2 

defines a producer as an owner, 

operator, landlord, tenant, or 

sharecropper who shares in the risk of 

producing a crop and who is entitled to 

share in the crop available for marketing 

from the farm or would have shared had 

the crop been produced. A producer 

also includes a grower of hybrid seed. 

The Farm Security and Rural 

Investment Act of 2002 requires that the 

Secretary of Agriculture provide 

adequate safeguards to protect the 

interests of tenants and sharecroppers 

and provides for the sharing of 

payments for Direct and CounterCyclical Program (DCP) among the 

producers on a farm on a fair and 

equitable basis. The regulations in 7 

CFR 1412.402(a) define an eligible 

producer for DCP purposes as: 

(1) An owner of a farm who assumes 

all or a part of the risk of producing a 

crop; 

(2) A producer, other than an owner, 

on a farm with a share-rent lease for 

such farm, regardless of the length of the 

lease, if the owner of the farm enters 

into the same contract; 

(3) A producer, other than an owner, 

on a farm who cash rents such farm 

under a lease expiring on or after 

September 30 of the year of the contract 

in which case the owner is not required 

to enter into the contract; 

(4) A producer, other than an owner, 

on an eligible farm who cash rents such 

farm under a lease expiring before 

September 30 of the year of the contract. 

The owner of such farm must also enter 

into the same contract; or 

(5) An owner of an eligible farm who 

cash rents such farm and the lease term 

expires before September 30 of the year 

of the contract, if the tenant declines to 

enter into a contract for the applicable 

year. In the case of an owner covered by 

this paragraph, direct and countercyclical payments will not begin under 

the contract until the lease held by the 

tenant ends. 

The regulations in 7 CFR 1412.504 

currently outline provisions regarding 

the sharing of DCP payments, including 

the conditions upon which a lease is 

considered a cash or share lease. 

Program regulations do not prohibit the 

use of any type of lease agreement, but 

the type of lease arrangement 

determines who is eligible to receive a 

share of the payments. The regulations 

in 7 CFR 1412.504 provide the 

following: 

Each eligible producer on a farm will 

be given the opportunity to annually 

enroll in a contract and receive direct 

and counter-cyclical payments 

determined to be fair and equitable as 

agreed to by all the producers on the 

farm and approved by the county 

committee. 

Each producer must provide a copy of 

their written lease to the county 

committee and, in the absence of a 

written lease, must provide to the 

county committee a complete written 

description of the terms and conditions 

of any oral agreement or lease. 

A lease will be considered to be a 

cash lease if the lease provides for only 

a guaranteed sum certain cash payment, 

or a fixed quantity of the crop (for 

example, cash, pounds, or bushels per 

acre). 

If a lease contains provisions that 

require the payment of rent on the basis 

of the amount of crop produced or the 

proceeds derived from the crop, or the 

interest such producer would have had 

if the crop had been produced, or 

combination thereof, such agreement 

will be considered to be a share lease. 

The leasing of grazing or haying 

privileges is not considered cash 

leasing. 

If a lease provides for the greater of a 

guaranteed amount or share of the crop 

or crop proceeds, such agreement shall 

be considered a share lease if the lease 

provides for both: 

(1) A guaranteed amount such as a 

fixed dollar amount or quantity; and 

(2) A share of the crop proceeds. 

If the lease is a cash lease, the 

landlord is not eligible for direct or 

counter-cyclical payments. 

When contract acreage is leased on a 

share basis, neither the landlord nor the 

tenant shall receive 100 percent of the 

contract payment for the farm. 

CCC will approve a contract for 

enrollment and approve the division of 

payment when all of the following 

apply: 

(1) The landlords, tenants and 

sharecroppers sign the contract and 

agree to the payment shares shown on 

the contract; 

(2) CCC determines that the interests 

of tenants and sharecroppers are being 

protected; and 

(3) CCC determines that the payment 

shares shown on the contract do not 

circumvent the provisions of 7 CFR part 

1400. 

These regulations do not prevent 

tenants and landowners from taking 

advantage of the various types of leases, 

including the combination leases, 


pwalker on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules 55107 

available in order to adjust for the 

changing market conditions. The 

conditions set forth in the lease 

determine whether the arrangement is 

considered a share-rent or cash-rent 

situation for DCP program participation 

and dictates who is eligible to share in 

DCP program benefits. 

Current Treatment of Leases by RMA 

and FCIC 

RMA and FCIS’s Loss Adjustment 

Manual (LAM) Standards Handbook 

(FCIC–25010) provides the procedural 

guidance for verifying or determining 

the insurable share or interest of the 

crop being insured. The LAM is located 

on the RMA public Web site at http:// 

www.rma.usda.gov/handbooks/25000/ 

2007/07_25010.pdf. Within section 1, 13 

Verifying or Determining Insurable 

Share, of the LAM provides different 

scenarios for determining whether the 

arrangement is a ‘‘cash lease’’ or ‘‘crop 

share lease’’ between the landlord and 

tenant. Share arrangements may be 

written or verbal. The procedures for 

verifying or determining the insurable 

share are: 

100 Percent Crop Share 

A 100 percent crop shares lease is a 

cash lease that includes 100 percent 

share as owner or operator or land that 

is rented for cash, a fixed commodity 

payment, or any consideration other 

than a share in the crop. 

A lease that provides for either a 

minimum payment (including, but not 

limited to, a specified amount of cash, 

bushels, pounds) or a crop share is 

considered a cash lease (for example, 

lease provides for a 50/50 crop share or 

$100 dollars, whichever is greater). 

A lease that contains a crop share, but 

the percentage is not a fixed amount at 

the time coverage begins is considered 

a cash lease. Such leases may contain a 

cash consideration with an 

undetermined crop share percentage at 

the time coverage begins. 

Crop Share Lease 

In order to have a crop share, the crop 

share percentage must be specified at 

the time coverage begins and cannot 

change based on the amount of 

production harvested. For examples, see 

situations 4 and 8 below. 

Written or verbal lease agreements 

containing provisions for both a 

minimum payment (including, but not 

limited to, a specified amount of cash, 

bushels, pounds) and a crop share is 

considered a crop share lease. 

The following nine situations provide 

examples of share arrangements, 

including both cash leases and crop 

share leases. 

Situation 1: The tenant (insured) 

agrees to give the landlord 1⁄3 of the crop 

in return for farming the land. 

• The agreement is a crop share. 

• The insured’s share is 2⁄3 of the 

crop. 

Situation 2: The tenant (insured) 

agrees to give the landlord 1⁄3 of all the 

crops produced on the premises and to 

guarantee that the landlord’s share of 

the crops will average $35 an acre. In 

the event that the landlord’s share of the 

crops is worth less than $35 an acre, the 

tenant will pay the difference in cash to 

the landlord. 

• The agreement is a crop share. 

• The insured’s share is 2⁄3 of the 

crop. 

Situation 3: The tenant (insured) 

agrees to give the landlord $50 per acre 

cash and 1⁄4 of the crop in return for 

farming the land. 

• The agreement is a crop share. 

• The insured’s share is 3⁄4 of the 

crop. RMA does not convert the $50 per 

acre cash payment to a share basis. 

Situation 4: The tenant (insured) 

agrees to give the landlord $50 per acre 

cash and 1⁄3 of all the bushels in excess 

of 60 bushels per acre. (Average yields 

for the area are usually around 55–65 

bushels.) 

• The agreement is a cash lease. 

• The insured’s share is 100 percent. 

The bushels in excess of the 60 bushels 

per acre are a ‘‘bonus’’ above and 

beyond the insured crop. The share 

percentage of the entire crop cannot be 

determined at the time coverage begins 

since it is dependent on how many 

bushels in excess of 60 bushels will be 

produced. 

Situation 5: The tenant (insured) 

agrees to give the landlord $50 per acre 

cash and 10 bushels per acre. 

• The agreement is a cash lease. 

• The insured’s share is 100 percent. 

RMA does not convert the 10 bushels to 

a percentage share. In this scenario the 

tenant will pay the landlord a fixed 

amount, cash ($50) and commodity (10 

bushels per acre). 

Situation 6: The tenant (insured) 

agrees to give the landlord 25¢ for every 

bushel of peaches harvested. 

• The agreement is a cash lease. 

• The insured’s share is 100 percent. 

Because there is no agreement for a set 

share percentage of the crop at the time 

coverage begins, the insured’s share is 

considered a cash lease. 

Situation 7: The tenant (insured) 

agrees to pay the landlord $25 per acre 

or 1⁄4 of the crop, whichever is greater. 

• The agreement is a cash lease. 

• The insured’s share is 100 percent. 

Since the lease contains an either-or 

type arrangement, the share is not 

considered a fixed element of the lease. 

Situation 8: The tenant’s (insured’s) 

lease agreement states that the tenant 

will receive the first 85 bushels per acre 

of corn produced. Of any bushels in 

excess of 85 bushels per acre, the tenant 

will receive 60 percent and the landlord 

will receive 40 percent. The insured’s 

guarantee is 85 bushels and is based on 

the highest level of coverage that can be 

elected. 

• The agreement is a cash lease. 

• The insured’s share is 100 percent. 

Since the insured receives the first 85 

bushels and this amount is the insured’s 

guarantee, 85 bushels is the maximum 

amount that could be insured under the 

policy. 

Situation 9: The tenant’s (insured’s) 

actual production history (APH) is 17.0 

tons per acre. The tenant’s lease 

agreement contains the following 

schedule: 

Tons 

produced 

Tenant’s 

share 

(percent) 

Landowner’s 

share 

(percent) 

0–8 tons ........ 98 2 

8.1–12.0 ........ 96 4 

12.1–16.0 ...... 94 6 

16.1–20.0 ...... 90 10 

20.1–25.0 ...... 88 12 

25.1 or more 85 15 

• The agreement is a share 

arrangement since there is no mention 

of cash. 

• The base share is derived from the 

tenant’s (insured’s) APH. Therefore, the 

share percentage range for the insured’s 

(tenant’s) APH reported on the acreage 

report would be 90 percent. Since the 

share is to be established at the time 

insurance attaches and both still have a 

share in the crop at the end of the crop 

year, the share percentage established at 

the time insurance attached will be 

retained for indemnity and premium 

purposes. 

CCC Noninsured Crop Disaster 

Assistance Program (NAP) Payments 

NAP payments are CCC payments 

made to producers in those areas where 

RMA policies are not available with 

respect to the specific crop produced by 

a producer. Specific regulations have 

not been defined for NAP regarding cash 

and share lease agreements. Generally, 

an eligible producer is determined 

according to the regulations in 7 CFR 

718.2 and is based on whether the 

tenant or owner shares in the risk of 

producing the crop. 

As such, the regulations governing 

DCP with regard to cash and share lease 

agreements are not applicable for NAP. 


pwalker on PROD1PC71 with PROPOSALS
55108 Federal Register / Vol. 72, No. 188 / Friday, September 28, 2007 / Proposed Rules 

Ad hoc Disaster Payments 

Historically, FSA has followed the 

determinations made by RMA for 

insured crops with respect to a given 

lease in that some disaster payments are 

simply an additional payment made by 

using FSA or CCC funds to simply 

supplement an indemnity payment 

made under an RMA policy. In those 

instances, FSA does not review the lease 

but simply issues a payment using a 

uniform percentage factor that is 

applied to the indemnity received by a 

person. 

For noninsured crops, FSA has 

followed the determinations made for 

NAP with regard to determining 

whether the tenant or owner shared in 

the risk of producing the crop. 

Marketing Assistance Loans (MLA) and 

Loan Deficiency Payments (LDP) 

These CCC benefits are available only 

in the event that a crop is produced on 

a farm. In order to determine to whom 

such benefits may be made available, 

FSA makes a determination of whether 

a person has ‘‘beneficial interest’’ in the 

production. Regulations in 7 CFR 1421.6 

and 1427.5, All Eligible Commodities 

Except Upland Cotton, and Upland 

Cotton, respectively, define beneficial 

interest as a determination by CCC that 

a person has the requisite title to and 

control of the commodity tendered to 

CCC as collateral for a marketing 

assistance loan or used to determine a 

loan deficiency payment. In order to 

have beneficial interest, a person must 

be the producer of the commodity and 

have had ownership and control of the 

commodity at the time it was planted 

through the earlier of the date the loan 

was repaid or the maturity date of the 

loan. 

In making this determination of 

beneficial interest, FSA takes the terms 

of a lease into account. Generally, the 

analysis of the lease for these purposes 

is the same as that used for DCP 

payments. 

Cash-Rent Tenant Rule 

The ‘‘cash-rent tenant rule’’ is a 

current payment eligibility provision 

applicable to payments under multiple 

programs. It applies to any producer 

that rents land from another for cash or 

a crop share guaranteed as to the 

amount of the commodity to be paid in 

rent. If a producer is considered a cashrent tenant under this rule, the producer 

is subject to an additional requirement 

that may make the producer ineligible 

for payment even though the producer 

otherwise meets the requirements to be 

considered ‘‘actively engaged in 

farming.’’

Impact on Small and Beginning 

Producers 

Renting land under a flexible lease 

may be advantageous for a small or 

beginning producer because risks are 

shared with the owner. Changes to 

policies related to leases need to ensure 

that small or beginning producers may 

benefit from flexible terms and receive 

all of the direct and counter-cyclical 

payments on a farm for which they 

would otherwise be eligible. 

Request for Comments 

FSA and RMA are reviewing current 

regulations to determine the feasibility 

of developing a standardized regulation 

for defining cash and share lease 

agreements, including the conditions 

upon which a lease shall be considered 

a cash or share lease. 

Accordingly, FSA and RMA are 

soliciting comments with respect to the 

manner in which lease agreements are 

viewed by the Department of 

Agriculture in the administration of 

various programs. Specifically, we 

request comments that would facilitate 

the implementation of terms and 

conditions that treat a lease in the same, 

to the maximum extent possible, and 

still are consistent with FSA and RMA 

program requirements. Comments 

should address the following questions: 

1. Should combination or flex leases 

be treated in the same manner for all 

FSA/CCC and RMA/FCIC purposes? 

Explain. 

2. What adverse consequences or 

inequities result from treating 

combination or flex leases as share 

leases for FSA/CCC program purposes? 

3. What adverse consequences or 

inequities result from treating 

combination or flex leases as either cash 

or share leases, depending on the terms, 

for RMA/FCIC purposes? 

4. How can FSA/CCC ensure that 

combination or flex lease provisions are 

not being used to circumvent payment 

limitation provisions? 

5. What measures should FSA/CCC 

take to protect the interests of tenants 

and sharecroppers? 

6. What should the rule for treatment 

of combination and flex leases be? 

Executive Order 12866 

This advance notice of proposed 

rulemaking has been determined to be 

not significant under Executive Order 

12866 and has been reviewed by the 

Office of Management and Budget. 

Thomas B. Hofeller, 

Executive Vice President, Commodity Credit 

Corporation Administrator, Farm Service 

Agency. 

Eldon Gould, 

Administrator, Risk Management Agency 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 07–4755 Filed 9–27–07; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–29334; Directorate 

Identifier 2006–NM–268–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330 Airplanes and A340–200 and 

–300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), 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: 

All permanent fuselage skin * * * and lap 

joint doubler * * * repair principles 

published in the SRM (Structural Repair 

Manual) * * * have been replaced with Oct/ 

05 Revision by updated, simplified and 

harmonized repair principles. 

These updates led to the de-validation of 

some repairs and to reassess the repair 

inspection requirements. This situation if not 

corrected, can affect the aircraft structural 

integrity with a possible risk of 

decompression. 

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 October 29, 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: U.S. Department of 

Transportation, Docket Operations, M–


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