9238 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2007–05–02 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14963. Docket No. 

FAA–2006–26356; Directorate Identifier 

2006–NM–166–AD. 

Effective Date 

(a) This AD becomes effective April 5, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

ERJ 170–100 LR, –100 STD, –100 SE, –100 

SU, –200 LR, –200 STD, and –200 SU 

airplanes; and Model ERJ 190–100 STD, –100 

LR, and –100 IGW airplanes; certificated in 

any category. 

Unsafe Condition 

(d) This AD results from reports of 

erroneous air speed indications caused by 

blockage of the pitot sensors due to freezing 

of accumulated moisture in the air data smart 

probe (ADSP) pneumatic passages. We are 

issuing this AD to prevent an erroneous air 

speed indication, which could reduce the 

flightcrew’s ability to control the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspect To Determine Part Number (P/N) of 

ADSPs 

(f) Within 600 flight hours after the 

effective date of this AD, inspect to 

determine the part number of the ADSPs. For 

any Rosemount Aerospace ADSP having P/N 

2015G2H2H–4(), 2015G2H2H–5(), 

2015G2H2H–6(), or 2015G2H2H–7(), do the 

applicable actions required by this AD. For 

any ADSP having any other part number, no 

further action is required by this AD. 

Note 1: The parentheses used in the 

identified ADSP model part numbers 

indicate the presence or absence of an 

additional letter(s), which varies with the 

basic ADSP model designation. The letter(s) 

defines minor changes that do not affect 

interchangeability or eligibility of the ADSP. 

Therefore, this AD still applies regardless of 

the presence or absence of these letters on the 

ADSP model designation. 

Detailed Inspection, Moisture Removal, and 

Related Investigative/Corrective Actions 

(g) Within 600 flight hours after the 

effective date of this AD, perform a detailed 

inspection for blockage of the pitot drain 

holes of the ADSP, remove accumulated 

moisture from the pneumatic passages of the 

ADSP, and, before further flight, do all 

related investigative actions and applicable 

corrective actions. Perform all required 

actions in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 170–34–0007, dated April 

28, 2005 (for Model ERJ 170 airplanes); or 

EMBRAER Service Bulletin 190–34–0003, 

dated December 2, 2005 (for Model ERJ 190 

airplanes); as applicable. Repeat all required 

actions thereafter at intervals not to exceed 

600 flight hours. 

Note 2: EMBRAER Service Bulletins 170–

34–0007 and 190–34–0003 refer to 

Rosemount Aerospace Service Bulletin 

2015G2H2H–34–04, Revision 1, dated April 

6, 2005, as an additional source of service 

information for accomplishing the required 

actions. 

Note 3: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate procedures may be 

required.’’

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(i) Brazilian airworthiness directives 2006–

05–05, effective June 14, 2006, and 2006–05–

08, effective June 19, 2006, also address the 

subject of this AD. 

Material Incorporated by Reference 

(j) You must use EMBRAER Service 

Bulletin 170–34–0007, dated April 28, 2005; 

or EMBRAER Service Bulletin 190–34–0003, 

dated December 2, 2005; as applicable; to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference of these 

documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Contact Empresa 

Brasileira de Aeronautica S.A. (EMBRAER), 

P.O. Box 343—CEP 12.225, Sao Jose dos 

Campos—SP, Brazil, for a copy of this service 

information. You may review copies at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr-locations.html. 

Issued in Renton, Washington, on February 

16, 2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–3363 Filed 2–28–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25942; Airspace 

Docket No. 06–ACE–12] 

Modification of Class E Airspace; 

Thedford, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which revises Class E airspace at 

Thedford, NE. 

DATES: Effective Date: 0901 UTC, May 

10, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Grant Nichols, System Support, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2522. 

SUPPLEMENTARY INFORMATION: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on January 11, 2007 (72 FR 

1278). The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

May 10, 2007. No adverse comments 

were received, and thus this notice 

confirms that this direct final rule will 

become effective on that date. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Rules and Regulations 9239 

1The U.S. Virgin Islands does not allow 

optometrists to administer or prescribe 

pharmaceuticals, including topical application of 

pharmaceuticals for diagnostic or treatment 

purposes. Because a complete evaluation of the eye 

includes the use of diagnostic pharmaceuticals, 

optometrists in the U.S. Virgin Islands are not 

qualified to perform a complete evaluation of the 

eye. 

Issued in Fort Worth, Texas on February 

16, 2007. 

Walter Tweedy, 

Manager, System Support Group, ATO 

Central Service Area. 

[FR Doc. 07–903 Filed 2–28–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25943; Airspace 

Docket No. 06–ACE–13] 

Modification of Class E Airspace; 

Phillipsburg, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which revises Class E airspace at 

Phillipsburg, KS. 

DATES: Effective Date: 0901 UTC, May 

10, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Grant Nichols, System Support, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2522. 

SUPPLEMENTARY INFORMATION: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on January 18, 2007 (72 FR 

2181). The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

May 10, 2007. No adverse comments 

were received, and thus this notice 

confirms that this direct final rule will 

become effective on that date. 

Issued in Forth Worth, Texas on February 

16, 2007. 

Walter Tweedy, 

Manager, System Support Group, ATO 

Central Service Area. 

[FR Doc. 07–902 Filed 2–28–07; 8:45 am] 

BILLING CODE 4910–13–M 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2006–0085] 

RIN 0960–AG05 

Optometrists as ‘‘Acceptable Medical 

Sources’’ To Establish a Medically 

Determinable Impairment 

AGENCY: Social Security Administration. 

ACTION: Final rules. 

SUMMARY: We are revising the Social 

Security and Supplemental Security 

Income (SSI) disability regulations 

regarding sources of evidence for 

establishing a medically determinable 

impairment under titles II and XVI of 

the Social Security Act (the Act). The 

revised regulations expand the 

situations in which we consider 

licensed optometrists to be ‘‘acceptable 

medical sources.’’

DATES: These rules are effective April 2, 

2007. 

FOR FURTHER INFORMATION CONTACT: Art 

Spencer, Director, Office of Disability 

Evaluation Policy, Social Security 

Administration, 4465 Annex Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, (410) 966–5766 or TTY 

(410) 966–5609. For information on 

eligibility or filing for benefits, call our 

national toll-free number, 1–800–772–

1213, or TTY 1–800–325–0778, or visit 

our Internet Web site, Social Security 

Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

What is an ‘‘acceptable medical 

source?’’

Our rules provide that you must show 

that you have a medically determinable 

impairment with evidence from an 

‘‘acceptable medical source.’’ An 

‘‘acceptable medical source’’ is an 

individual who has the training and 

expertise to provide us with the signs 

and laboratory findings based on 

medically acceptable clinical and 

laboratory diagnostic techniques that 

establish a medically determinable 

physical or mental impairment. Our 

regulations identify professionals whom 

we consider to be ‘‘acceptable medical 

sources.’’ (See §§ 404.1513(a) and 

416.913(a).) In our prior rules, these 

sections provided that a licensed 

optometrist was an ‘‘acceptable medical 

source,’’ but only for the measurement 

of visual acuity and visual fields. They 

further indicated that, for claims under 

title II, we might need a report from a 

physician to determine other aspects of 

eye diseases. 

Our rules in §§ 404.1513(d) and 

416.913(d) provide that, once we have 

established that you have a medically 

determinable impairment, we consider 

all other relevant evidence from other 

medical and non-medical sources, 

including your own statements, to 

determine its severity and how it affects 

you. 

Why are we changing our rules? 

In the early 1990s, we discussed 

expanding the role of optometrists as 

‘‘acceptable medical sources’’ with the 

American Optometric Association 

(AOA). However, because licensing 

requirements and scope of practice 

varied considerably among jurisdictions 

at that time, we found that it was not 

feasible for us to revise our policy. 

More recently, we again met with 

representatives of the AOA and 

obtained information about the 

education, qualifications, and State 

scope-of-practice requirements related 

to optometrists. Based on our review of 

accreditation and practice requirements, 

we have determined that, with the 

exception of the U.S. Virgin Islands, the 

licensing requirements, scope of 

treatment, and diagnostic protocols for 

licensed optometrists are sufficient to 

qualify all licensed optometrists as 

‘‘acceptable medical sources’’ for visual 

disorders. Therefore, it is now 

appropriate to revise our regulations to 

authorize licensed optometrists to be 

‘‘acceptable medical sources’’ for visual 

disorders in all jurisdictions but the 

U.S. Virgin Islands.1

The revised regulations expand the 

situations in which we consider 

licensed optometrists to be ‘‘acceptable 

medical sources.’’ These revised 

regulations will allow us to make more 

decisions based on medical evidence 

supplied to us solely from optometrists, 

rather than having to purchase timeconsuming and expensive consultative 

examinations with ophthalmologists. 

Therefore, these regulations will help 

some individuals with visual disorders 

qualify for benefits more quickly. 


rwilkins on PROD1PC63 with RULES