48298 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2008–17–07 APEX Aircraft: Amendment 

39–15645; Docket No. FAA–2008–0470; 

Directorate Identifier 2008–CE–026–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 23, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following Model 

CAP 10 B airplanes, certificated in any 

category: 

(1) Serial numbers 300 through 317; and 

(2) All other serial numbers that 

incorporate APEX change 000302 (fibre 

carbon wing spars). 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

An internal review evidenced that the 

flight controls tie rod bolts currently installed 

on the airplane are not in accordance with 

the design data. Indeed the bolt shank length 

has been determined too short and the 

material properties of the spacers have been 

found inadequate according to the prescribed 

torque value. 

Therefore, bolts’ threads could be subject 

to excessive wear, which might induce play 

in flight controls and consequently, induce 

vibrations in the control surfaces and reduce 

the airplane handling. 

To prevent this condition, the present 

Airworthiness Directive (AD) mandates 

replacement of the tie rod bolts and spacers. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 50 hours time-in-service after 

September 23, 2008 (the effective date of this 

AD), remove tie rod bolts part number (P/N) 

95.56.11.066 and spacers P/N 11.56.27.038 

and replace them with tie rod bolts P/N 

95.56.11.418 and spacers P/N 11.56.27.138, 

following APEX Aircraft Service Bulletin No. 

040206, dated September 21, 2007. 

(2) As of September 23, 2008 (the effective 

date of this AD), do not install any tie rod 

bolt P/N 95.56.11.066 or spacer P/N 

11.56.27.038. 

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 Office, 

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: Sarjapur Nagarajan, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4145; 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 European Aviation 

Safety Agency (EASA) AD No. 2008–0060, 

dated April 1, 2008; and APEX Aircraft 

Service Bulletin No. 040206, dated 

September 21, 2007, for related information. 

Material Incorporated by Reference 

(i) You must use APEX Aircraft Service 

Bulletin No. 040206, dated September 21, 

2007, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Apex Aircraft, Bureau de 

Navigabilite ́, 1 route de Troyes, 21121 

DAROIS, France. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Room 506, Kansas City, 

Missouri 64106; 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 Kansas City, Missouri, on August 

7, 2008. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E8–18807 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 14 

Administrative Claims Under the 

Federal Tort Claims Act; Delegation of 

Authority 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: On June 17, 2003, the 

Assistant Attorney General in charge of 

the Civil Division delegated to the 

Secretary of Homeland Security the 

authority to settle administrative tort 

claims presented pursuant to the 

Federal Tort Claims Act where the 

amount of the settlement does not 

exceed $50,000. By including this 

delegation of authority in the Code of 

Federal Regulations, the Civil Division 

is alerting the general public to the 

delegation. This rule also implements 

the Administrative Dispute Resolution 

Act. 

EFFECTIVE DATE: August 19, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Phyllis J. Pyles, Director, Torts Branch, 

Civil Division, U.S. Department of 

Justice, P.O. Box 888, Washington, DC 

20044, (202) 616–4400. 

SUPPLEMENTARY INFORMATION: This rule 

is a delegation of authority from the 

Assistant Attorney General for the Civil 

Division to the Secretary of Homeland 

Security, a matter solely related to the 

division of responsibility between the 

Department of Justice and the 

Department of Homeland Security. As 

such, this rule is a rule of agency 

organization, procedure, and practice 

that is limited to matters of agency 

management and personnel. 

Accordingly: (1) This rule is exempt 

from the notice requirement of 5 U.S.C. 

* 553(b) and is made effective upon 

issuance; (2) the Department certifies 

under 5 U.S.C. * 605(b) that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities and further that no Regulatory 

Flexibility Analysis was required to be 

prepared for this final rule since the 

Department was not required to publish 

a general notice of proposed 

rulemaking; (3) this action is not a 

‘‘regulation’’ or ‘‘rule’’ as defined by 

Executive Order 12866, ‘‘Regulatory 


ebenthall on PRODPC60 with RULES
Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Rules and Regulations 48299 

Planning and Review,’’ § 3(d)(3) and, 

therefore, this action has not been 

reviewed by the Office of Management 

and Budget. 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

‘‘Federalism,’’ it is determined that this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Assessment. This 

regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, ‘‘Civil 

Justice Reform.’’ This rule will not 

result in the expenditure by state, local, 

and tribal governments, in the aggregate, 

or by the private sector of $100,000,000 

or more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Finally, this action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA)). Therefore, the reporting 

requirement of 5 U.S.C. * 801 does not 

apply. 

List of Subjects in 28 CFR Part 14 

Authority delegations (government 

agencies), Claims. 

■ By virtue of the authority vested in me 

by part 0 of title 28 of the Code of 

Federal Regulations, including sections 

0.45, 0.160, 0.162, 0.164, and 0.168, 28 

CFR part 14 is amended as follows: 

PART 14—ADMINISTRATIVE CLAIMS 

UNDER TITLE FEDERAL TORT 

CLAIMS ACT 

■ 1. The authority citation for part 14 is 

revised to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, and 2672. 

■ 2. The appendix to part 14 is amended 

by adding at the end of the appendix 

‘‘Delegation of Authority to the 

Secretary of the Department of 

Homeland Security’’ to read as follows: 

APPENDIX TO PART 14—

DELEGATIONS OF SETTLEMENT 

AUTHORITY 

* * * * * 

Delegation of Authority to the Secretary of 

the Department of Homeland Security 

Authority To Compromise Tort Claims 

(a) The Secretary of the Department of 

Homeland Security shall have the authority 

to adjust, determine, compromise, and settle 

a claim involving the Department of 

Homeland Security under Section 2672 of 

Title 28, United States Code, relating to the 

administrative settlement of federal tort 

claims if the amount of the proposed 

adjustment, compromise, or award does not 

exceed $50,000. When the Secretary believes 

a claim pending before him presents a novel 

question of law or of policy, he shall obtain 

the advice of the Assistant Attorney General 

in charge of the Civil Division. 

(b) The Secretary may redelegate, in 

writing, the settlement authority delegated to 

him under this section. 

Dated: August 4, 2008. 

Gregory G. Katsas, 

Assistant Attorney General, Civil Division. 

[FR Doc. E8–19045 Filed 8–18–08; 8:45 am] 

BILLING CODE 4410–12–P 

POSTAL SERVICE 

39 CFR Part 111 

Automated Clearing House (ACH) 

Debit Added as New Method of 

Payment for Express Mail Corporate 

Account Customers 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: This final rule revises Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual 

(DMM), by making Automated 

Clearing House (ACH) debit a new 

method of payment for Express Mail

Corporate Account (EMCA) customers 

and eliminating the option to open new 

local trust accounts. The ACH system is 

a secure, private network that connects 

banks to one another by way of the 

Federal Reserve Board. This network 

enables electronic payments, such as 

ACH debits, to be handled and 

processed. EMCA customers will 

continue to have a total of three options 

to fund their accounts: Participate in the 

Centralized Account Processing System 

(CAPS); use a personal or business 

credit card; or authorize the USPS to 

originate an ACH debit from a specified 

bank account. Existing EMCA customers 

that fund their account from a local trust 

account will still be required to 

maintain minimum balances. 

This final rule also revises the DMM 

by adding provisions to close an EMCA 

funded by ACH debit payments. 

EFFECTIVE DATE: October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Grace Letto, 202–268–7247 or Garry 

Rodriguez, 202–268–7281, United States 

Postal Service. 

SUPPLEMENTARY INFORMATION: 

Comments 

There was one internal comment 

received on the October 10, 2007, 

proposed rule. The commenter 

recommended the existing language on 

closing accounts be revised as a result 

of the addition of ACH debit payment 

method. 

Based on the internal comment, we 

are updating DMM section 414.2.6, 

Closing Account, to maintain its 

applicability to the remaining trust 

accounts while they are being phased 

out and to add comparable provisions 

that apply to ACH debit and credit card 

payments. 

Current Policy 

EMCA customers could use one of the 

following payment methods to fund 

their accounts: 

a. Participate in the Centralized 

Account Processing System (CAPS). 

b. Use a personal or business credit 

card. 

c. Make an initial deposit with cash 

or by check of $250, or the total postage 

and fees expected during the first 4 

weeks of account usage, whichever is 

higher. After the first 4 weeks, the 

minimum balance in the account must 

equal an average week’s postage and 

fees, or $100, whichever is higher. 

The DMM currently provides the 

USPS the right to close an EMCA with 

10 days’ written advance notice to the 

account holder if the ending balance on 

the mailing activity statement is below 

the minimum balance required for two 

consecutive months. The USPS may 

also close an account with 10 days’

written advance notice if the account 

remains inactive for three consecutive 

months, unless circumstances warrant 

otherwise (e.g., a seasonal mailer, 

positive balance, etc.). 

Background 

The Postal Service is providing ACH 

debit as a new method of payment for 

EMCA customers and eliminating the 

option to open a new EMCA using a 

local trust account funded by cash and/ 

or check deposits as part of the Postal 

Service’s ongoing mission to help grow 

revenue in a competitive market by 

increasing efficiencies, enhancing 

financial controls, and reducing costs. 

By using an electronic payment 

option, customers will no longer have to 

go to a Post OfficeTM to make deposits 

into their EMCA trust accounts. This 

new payment option enhances financial 

control by reducing risk. 


ebenthall on PRODPC60 with RULES