7346 Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Rules and Regulations 

Office of Personnel Management. 

Linda M. Springer, 

Director. 

■ For the reasons set forth in the 

preamble, OPM is amending 5 CFR part 

890 as follows: 

PART 890—FEDERAL EMPLOYEES 

HEALTH BENEFITS PROGRAM 

■ 1. The authority citation for part 890 

continues to read as follows: 

Authority: 5 U.S.C. 8913; § 890.803 also 

issued under 50 U.S.C. 403p, 22 U.S.C. 4069c 

and 4069c–1; subpart L also issued under 

section 599C of Pub. L. 101–513, 104 Stat. 

2064, as amended; § 890.102 also issued 

under sections 11202(f), 11232(e), 11246 (b) 

and (c) of Pub. L. 105–33, 111 Stat. 251; and 

section 721 of Pub. L. 105–261, 112 Stat. 

2061, unless otherwise noted. 

■ 2. Section 890.303 paragraph (i) is 

revised to read as follows: 

§ 890.303 Continuation of enrollment. 

* * * * * 

(i) Service in the uniformed services. 

(1) The enrollment of an individual who 

separates, enters military furlough, or is 

placed in nonpay status to serve in the 

uniformed services under conditions 

that entitle him or her to benefits under 

part 353 of this chapter, or similar 

authority, may continue for the 24- 

month period beginning on the date that 

the employee is placed on leave without 

pay or separated from service to perform 

active duty in the uniformed services, 

provided that the individual continues 

to be entitled to benefits under part 353 

of this chapter, or similar authority. As 

provided for by 5 U.S.C. 8905(a), the 

continuation of enrollment for up to 24 

months applies to employees called or 

ordered to active duty in support of a 

contingency operation on or after 

September 14, 2001. The enrollment of 

an employee who met the requirements 

of chapter 43 of title 38, United States 

Code, on or after December 10, 2004, 

may continue for the 24-month period 

beginning on the date that the employee 

is placed on leave without pay or 

separated from service to perform active 

duty in the uniformed services, 

provided that the employee continues to 

be entitled to continued coverage under 

part 353 of this chapter, or similar 

authority. 

(2) An employee in nonpay status is 

entitled to continued coverage under 

paragraph (e) of this section if the 

employee’s entitlement to benefits 

under part 353 of this chapter, or similar 

authority, ends before the expiration of 

365 days in nonpay status. 

(3) If the enrollment of an employee 

had terminated due to the expiration of 

365 days in nonpay status or because of 

the employee’s separation from service, 

it may be reinstated for the remainder of 

the 24-month period beginning on the 

date that the employee is placed on 

leave without pay or separated from 

service to perform active duty in the 

uniformed services, provided that the 

employee continues to be entitled to 

continued coverage under part 353 of 

this chapter, or similar authority. 

■ 3. Section 890.304 paragraphs 

(a)(1)(vii) and (a)(1)(viii) are revised to 

read as follows: 

§ 890.304 Termination of enrollment. 

(a) * * * 

(1) * * * 

(vii) For an employee who separates 

to serve in the uniformed services under 

conditions entitling him or her to 

benefits under part 353 of this chapter, 

or similar authority, for the purpose of 

performing duty not limited to 30 days 

or less, the date that is 24 months after 

the date that the employee is placed on 

leave without pay or separated from 

service to perform active duty in the 

uniformed services, or the date 

entitlement to benefits under part 353 of 

this chapter, or similar authority, ends, 

whichever is earlier, unless the 

enrollment is terminated under 

paragraph (a)(1)(vi) of this section. 

(viii) For an employee who is 

furloughed or placed on leave of 

absence under conditions entitling him 

or her to benefits under part 353 of this 

chapter, or similar authority, the date 

that is 24 months after the date that the 

employee is placed on leave without 

pay or separated from service to perform 

active duty to serve in the uniformed 

services, or the date entitlement to 

benefits under part 353 of this chapter, 

or similar authority, ends, whichever is 

earlier, but not earlier than the date the 

enrollment would otherwise terminate 

under paragraph (a)(1)(v) of this section. 

* * * * * 

■ 4. Section 890.502 paragraph (f) is 

revised to read as follows: 

§ 890.502 Employee withholdings and 

contributions. 

* * * * * 

(f) Uniformed services. (1) Except as 

provided in paragraph (f)(2) of this 

section, an employee whose coverage 

continues under § 890.303(i) is 

responsible for payment of the 

employee share of the cost of enrollment 

for every pay period for which the 

enrollment continues for the first 365 

days of continued coverage as set forth 

under paragraph (b) of this section. For 

coverage that continues after 365 days 

in nonpay status, the employee must 

pay, on a current basis, the full 

subscription charge, including both the 

employee and Government shares, plus 

an additional 2 percent of the full 

subscription charge. 

(2) As provided by 5 U.S.C. 

8906(e)(3), an employing agency may 

pay both the Government and employee 

contributions and any additional 

administrative expenses for the cost of 

coverage for the employee and the 

employee’s family for a period of 24 

months for employees called or ordered 

to active duty in support of a 

contingency operation on or after 

September 14, 2001. The payment of 

Government and employee 

contributions and any additional 

administrative expenses authorized by 

this section only applies to employees 

while they are serving in support of a 

contingency operation, and eligibility 

for these payments terminates when the 

employee ceases to be on orders for a 

contingency operation. Payment of these 

contributions and expenses is solely at 

the discretion of the employing agency. 

[FR Doc. E7–2619 Filed 2–14–07; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 1, 121 and 135 

[Docket No. FAA–2002–6717; Amendment 

Nos. 1–55, 121–329, 135–108] 

RIN 2120–AI03 

Extended Operations (ETOPS) of MultiEngine Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Aviation 

Administration is correcting a final rule 

published in the Federal Register on 

January 16, 2007 (72 FR 1808). That 

final rule applied to air carrier (part 

121), commuter, and on-demand (part 

135) turbine powered multi-engine 

airplanes used in passenger-carrying, 

and some all-cargo, extended-range 

operations. This amendment corrects 

the rule language applicable to dual 

maintenance and formatting of a Part 1 

definition and section of Appendix G. 

None of these changes is substantive, 

but will clarify the FAA’s intent of the 

final rule for the public. 

DATES: These amendments become 

effective February 15, 2007. 

FOR FURTHER INFORMATION CONTACT: For 

technical information on operational 

issues, contact Robert Reich, Flight 


erjones on PRODPC74 with RULES
Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Rules and Regulations 7347 

Standards Service, Federal Aviation 

Administration, 800 Independence 

Ave., SW., Washington, DC 20591; 

telephone (202) 267–8166; facsimile 

(202) 267–5229; e-mail 

Robert.Reich@faa.gov. For technical 

information on certification issues, 

contact Steve Clark, Transport Airplane 

Directorate, ANM–140S, 1601 Lind 

Ave., Renton, WA 98055; telephone 

(425) 917–6496; facsimile (425) 917–

6590; e-mail Steven.P.Clark@FAA.gov. 

For legal information, contact Bruce 

Glendening, Office of the Chief Counsel, 

Division of Regulations, Federal 

Aviation Administration, 800 

Independence Avenue, Washington, DC 

20591; telephone (202) 267–3073; 

facsimile (202) 267–7971; e-mail 

Bruce.Glendening@faa.gov. 

SUPPLEMENTARY INFORMATION: The final 

rule, Extended Operations (ETOPS) of 

Multi-engine Airplanes, applied to air 

carrier (part 121), commuter, and ondemand (part 135) turbine powered 

multi-engine airplanes used in 

passenger-carrying, extended-range 

operations. (January 16, 2007; 72 FR 

1808) All-cargo operations in airplanes 

with more than two engines of both part 

121 and part 135 were exempted from 

the majority of this rule. The rule 

established regulations governing the 

design, operation and maintenance of 

certain airplanes operated on flights that 

fly long distances from an adequate 

airport. It codified current FAA policy, 

industry best practices and 

recommendations, as well as 

international standards designed to 

ensure long-range flights will continue 

to operate safely. To ease the transition 

for current operators, the rule included 

delayed compliance dates for certain 

ETOPS requirements. 

Need for the Correction 

Following publication of the final 

rule, it was brought to the attention of 

the FAA that the original intent of the 

concept of ‘‘dual maintenance’’ in the 

final rule did not codify existing FAA 

ETOPS guidance as published in the 

notice of proposed rulemaking. This 

amendment clarifies that language in 14 

CFR 121.374. 

The concept of ‘‘dual maintenance’’

was set out in the preamble to the 

NPRM: 

‘‘(2) Dual Maintenance 

Dual maintenance is a concept 

relating to repetition of maintenance 

errors on redundant systems. There 

have been instances of a single 

mechanic repeating a maintenance error 

on multiple systems. An example of 

dual maintenance error is failing to 

install o-rings on engine oil or fuel 

components on multiple engines. 

Establishing procedures to avoid dual 

maintenance can minimize the 

probability of such errors. The use of 

two or more mechanics reduces the risk 

of this type of error. Routine tasks on 

multiple similar elements, such as oil 

and fuel filter changes, should never be 

scheduled and assigned on the same 

maintenance visit. 

However, the FAA is aware that under 

some limited circumstances, dual 

maintenance may be unavoidable. For 

instance, a pilot’s report of a 

discrepancy on an ETOPS significant 

system may require maintenance on one 

engine at the same time as a scheduled 

maintenance event for the other engine. 

In such cases, the certificate holder 

must establish and follow procedures to 

mitigate the risk of a common cause 

human error.’’

The final rule, however, would appear 

to go beyond this concept and prohibit 

the maintenance of more than one 

ETOPS Significant System during a 

single maintenance visit. In the final 

rule, 14 CFR 121.374 (c) read: 

‘‘(c) Limitations on dual maintenance. 

(1) Except as specified in paragraph 

(c)(2), the certificate holder may not 

perform scheduled or unscheduled 

maintenance during the same 

maintenance visit on more than one 

ETOPS Significant System listed in the 

ETOPS maintenance document, if the 

improper maintenance could result in 

the failure of an ETOPS Significant 

System. 

(2) In the event an unforeseen 

circumstance prevents the certificate 

holder from complying with paragraph 

(c)(1) of this section, the certificate 

holder may perform maintenance on 

more than one ETOPS Significant 

System provided: 

(i) The maintenance action on each 

ETOPS Significant System is performed 

by a different technician, or 

(ii) The maintenance action on each 

ETOPS Significant System is performed 

by the same technician under the direct 

supervision of a second qualified 

individual; and 

(iii) For either paragraph (c)(2)(i) or 

(ii) of this section, a qualified individual 

conducts a ground verification test and 

any in-flight verification test required 

under the program developed pursuant 

to paragraph (d) of this section.’’

As written, a certificate holder would 

be forced to schedule a separate 

maintenance visit for each ETOPS 

significant system; moreover, scheduled 

maintenance would not qualify as an 

‘‘unforeseen circumstance’’ in paragraph 

(2). The FAA finds that the intent of 

dual maintenance is clarified by writing 

14 CFR 121.374 (c) as: 

‘‘(c) Limitations on dual maintenance. 

(1) Except as specified in paragraph 

(c)(2), the certificate holder may not 

perform scheduled or unscheduled dual 

maintenance during the same 

maintenance visit on the same or a 

substantially similar ETOPS Significant 

System listed in the ETOPS 

maintenance document, if the improper 

maintenance could result in the failure 

of an ETOPS Significant System. 

(2) In the event dual maintenance as 

defined in paragraph (c)(1) of this 

section can not be avoided, the 

certificate holder may perform 

maintenance provided: 

(i) The maintenance action on each 

affected ETOPS Significant System is 

performed by a different technician, or 

(ii) The maintenance action on each 

affected ETOPS Significant System is 

performed by the same technician under 

the direct supervision of a second 

qualified individual; and 

(iii) For either paragraph (c)(2)(i) or 

(ii) of this section, a qualified individual 

conducts a ground verification test and 

any in-flight verification test required 

under the program developed pursuant 

to paragraph (d) of this section.’’

Additionally, in Part 1, Definitions, 

the FAA corrects the definition of 

Extended operation (ETOPS) to add 

commas to avoid misinterpretation. 

Also, we correct the numbering of 

section G135.2.7 in Appendix G in Part 

135. 

Corrections 

Part 1—Commas inserted in the 

definition of ETOPS in section 1.1 to 

avoid misinterpretation. 

Part 121—Section 121.374 (c) is rewritten to clarify restrictions on dual 

maintenance. 

Part 135—Section G135.2.7 is renumbered correctly. 

List of Subjects 

14 CFR Parts 1 and 121 

Air carriers, Aircraft, Airmen, Alcohol 

abuse, Aviation safety, Drug abuse, Drug 

testing, Reporting and recordkeeping 

requirements, Safety, Transportation. 

14 CFR Part 135 

Air taxis, Aircraft, Airmen, Alcohol 

abuse, Aviation safety, Drug abuse, Drug 

testing, Reporting and recordkeeping 

requirements. 

The Amendment 

■ Accordingly, the Federal Aviation 

Administration amends 14 CFR parts 1, 

121, and 135 as follows: 


erjones on PRODPC74 with RULES
7348 Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Rules and Regulations 

PART 1—DEFINITIONS AND 

ABBREVIATIONS 

■ 1. The authority citation for part 1 

continues to read as follows: 

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

■ 2. In § 1.1, revise the following 

definition, in alphabetical order, to read 

as follows: 

§ 1.1 General definitions. 

* * * * * 

Extended Operations (ETOPS) means 

an airplane flight operation, other than 

an all-cargo operation in an airplane 

with more than two engines, during 

which a portion of the flight is 

conducted beyond a time threshold 

identified in part 121 or part 135 of this 

chapter that is determined using an 

approved one-engine-inoperative cruise 

speed under standard atmospheric 

conditions in still air. 

* * * * * 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 3. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 40119, 

41706, 44101, 44701-44702, 44705, 44709–

44711, 44713, 44716–44717, 44722, 44901, 

44903-44904, 44912, 45101–45105, 46105, 

46301. 

■ 4. In § 121.374, revise paragraph (c) to 

read as follows: 

* * * * * 

(c) Limitations on dual maintenance. 

(1) Except as specified in paragraph 

(c)(2), the certificate holder may not 

perform scheduled or unscheduled dual 

maintenance during the same 

maintenance visit on the same or a 

substantially similar ETOPS Significant 

System listed in the ETOPS 

maintenance document, if the improper 

maintenance could result in the failure 

of an ETOPS Significant System. 

(2) In the event dual maintenance as 

defined in paragraph (c)(1) of this 

section cannot be avoided, the 

certificate holder may perform 

maintenance provided: 

(i) The maintenance action on each 

affected ETOPS Significant System is 

performed by a different technician, or 

(ii) The maintenance action on each 

affected ETOPS Significant System is 

performed by the same technician under 

the direct supervision of a second 

qualified individual; and 

(iii) For either paragraph (c)(2)(i) or 

(ii) of this section, a qualified individual 

conducts a ground verification test and 

any in-flight verification test required 

under the program developed pursuant 

to paragraph (d) of this section. 

* * * * * 

PART 135—OPERATING 

REQUIREMENTS; COMMUTER AND 

ON DEMAND OPERATION AND RULES 

GOVERNING PERSONS ON BOARD 

SUCH AIRCRAFT 

■ 5. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 41706, 44113, 

44701–44702, 44705, 44709, 44711–44713, 

44715–44717, 44722. 

■ 6. In appendix G of part 135, revise 

section 135.2.7 to read as follows: 

Appendix G to Part 135—Extended 

Operations (ETOPS) 

* * * * * 

G135.2.7 Fuel Requirements. No person 

may dispatch or release for flight an ETOPS 

flight unless, considering wind and other 

weather conditions expected, it has the fuel 

otherwise required by this part and enough 

fuel to satisfy each of the following 

requirements: 

(a) Fuel to fly to an ETOPS Alternate 

Airport. 

(1) Fuel to account for rapid 

decompression and engine failure. The 

airplane must carry the greater of the 

following amounts of fuel: 

(i) Fuel sufficient to fly to an ETOPS 

Alternate Airport assuming a rapid 

decompression at the most critical point 

followed by descent to a safe altitude in 

compliance with the oxygen supply 

requirements of § 135.157; 

(ii) Fuel sufficient to fly to an ETOPS 

Alternate Airport (at the one-engineinoperative cruise speed under standard 

conditions in still air) assuming a rapid 

decompression and a simultaneous engine 

failure at the most critical point followed by 

descent to a safe altitude in compliance with 

the oxygen requirements of § 135.157; or 

(iii) Fuel sufficient to fly to an ETOPS 

Alternate Airport (at the one-engineinoperative cruise speed under standard 

conditions in still air) assuming an engine 

failure at the most critical point followed by 

descent to the one engine inoperative cruise 

altitude. 

(2) Fuel to account for errors in wind 

forecasting. In calculating the amount of fuel 

required by paragraph G135.2.7(a)(1) of this 

appendix, the certificate holder must 

increase the actual forecast wind speed by 

5% (resulting in an increase in headwind or 

a decrease in tailwind) to account for any 

potential errors in wind forecasting. If a 

certificate holder is not using the actual 

forecast wind based on a wind model 

accepted by the FAA, the airplane must carry 

additional fuel equal to 5% of the fuel 

required by paragraph G135.2.7(a) of this 

appendix, as reserve fuel to allow for errors 

in wind data. 

(3) Fuel to account for icing. In calculating 

the amount of fuel required by paragraph 

G135.2.7(a)(1) of this appendix, (after 

completing the wind calculation in 

G135.2.7(a)(2) of this appendix), the 

certificate holder must ensure that the 

airplane carries the greater of the following 

amounts of fuel in anticipation of possible 

icing during the diversion: 

(i) Fuel that would be burned as a result 

of airframe icing during 10 percent of the 

time icing is forecast (including the fuel used 

by engine and wing anti-ice during this 

period). 

(ii) Fuel that would be used for engine antiice, and if appropriate wing anti-ice, for the 

entire time during which icing is forecast. 

(4) Fuel to account for engine deterioration. 

In calculating the amount of fuel required by 

paragraph G135.2.7(a)(1) of this appendix 

(after completing the wind calculation in 

paragraph G135.2.7(a)(2) of this appendix), 

the certificate holder must ensure the 

airplane also carries fuel equal to 5% of the 

fuel specified above, to account for 

deterioration in cruise fuel burn performance 

unless the certificate holder has a program to 

monitor airplane in-service deterioration to 

cruise fuel burn performance. 

(b) Fuel to account for holding, approach, 

and landing. In addition to the fuel required 

by paragraph G135.2.7 (a) of this appendix, 

the airplane must carry fuel sufficient to hold 

at 1500 feet above field elevation for 15 

minutes upon reaching the ETOPS Alternate 

Airport and then conduct an instrument 

approach and land. 

(c) Fuel to account for APU use. If an APU 

is a required power source, the certificate 

holder must account for its fuel consumption 

during the appropriate phases of flight. 

* * * * * 

Issued in Washington, DC on February 9, 

2007. 

Rebecca MacPherson, 

Assistant Chief Counsel, Regulations 

Division. 

[FR Doc. 07–704 Filed 2–12–07; 3:52 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 522 

Implantation or Injectable Dosage 

Form New Animal Drugs; Trenbolone 

Acetate and Estradiol 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a new animal drug 

application (NADA) filed by Intervet, 

Inc. The NADA provides for use of an 

additional dose of trenbolone acetate 

and estradiol implant used for increased 


erjones on PRODPC74 with RULES