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Federal Register / Vol. 72, No.

155 / Monday, August 13, 2007 / Proposed Rules 45183

§ 35.75 Release of individuals containing For the Nuclear Regulatory Commission. • Federal eRulemaking Portal: http://
unsealed byproduct material or implants Martin J. Virgilio, www.regulations.gov. Follow the
containing byproduct material. Acting Executive Director for Operations. instructions for submitting comments.
(a) A licensee may authorize the [FR Doc. E7–15762 Filed 8–10–07; 8:45 am] Examining the AD Docket
release from its control of any BILLING CODE 7590–01–P
individual who has been administered You may examine the AD docket on
unsealed byproduct material or the Internet at http://dms.dot.gov; or in
implants containing byproduct material person at the Docket Management
DEPARTMENT OF TRANSPORTATION Facility between 9 a.m. and 5 p.m.,
if the total effective dose equivalent to
any other individual from exposure to Monday through Friday, except Federal
Federal Aviation Administration
holidays. The AD docket contains this
the released individual is not likely to
proposed AD, the regulatory evaluation,
exceed 5 mSv (0.5 rem).1 14 CFR Part 39
any comments received, and other
* * * * * [Docket No. FAA–2006–26491; Directorate information. The street address for the
1 Thecurrent revision of NUREG–1556, Identifier 2006–CE–76–AD] Docket Office (telephone (800) 647–
Vol. 9, ‘‘Consolidated Guidance About
Materials Licenses: Program-Specific RIN 2120–AA64 5527) is in the ADDRESSES section.
Guidance about Medical Licenses’’ describes Comments will be available in the AD
methods for Calculating doses to other Airworthiness Directives; Alpha docket shortly after receipt.
individuals and contains tables of activities Aviation Design Limited (Type FOR FURTHER INFORMATION CONTACT: Karl
not likely to cause doses exceeding 5 mSv Certificate No. A48EU Previously Held Schletzbaum, Aerospace Engineer, FAA,
(0.5 rem). by APEX Aircraft and AVIONS PIERRE Small Airplane Directorate, 901 Locust,
ROBIN) Model R2160 Airplanes Room 301, Kansas City, Missouri 64106;
8. In § 35.92, the introductory text of
telephone: (816) 329–4146; fax: (816)
paragraph (a) is revised to read as AGENCY: Federal Aviation 329–4090.
follows: Administration (FAA), Department of
Transportation (DOT).
§ 35.92 Decay-in-storage.
ACTION: Supplemental notice of Comments Invited
(a) A licensee may hold byproduct proposed rulemaking (NPRM); We invite you to send any written
material with a physical half-life of less reopening of the comment period. relevant data, views, or arguments about
than or equal to 120 days for decay-in- this proposed AD. Send your comments
storage before disposal without regard to SUMMARY: We are revising an earlier to an address listed under the
its radioactivity if it— NPRM for the products listed above. ADDRESSES section. Include ‘‘Docket No.
* * * * * This proposed AD results from FAA–2006–26491; Directorate Identifier
mandatory continuing airworthiness 2006–CE–76–AD’’ at the beginning of
9. In § 35.190, paragraph (a)(1) is
information (MCAI) originated by an your comments. We specifically invite
revised to read as follows:
aviation authority of another country to comments on the overall regulatory,
§ 35.190 Training for uptake, dilution, and identify and correct an unsafe condition economic, environmental, and energy
excretion studies. on an aviation product. The MCAI aspects of this proposed AD. We will
* * * * * describes the unsafe condition as: consider all comments received by the
(a) * * * To prevent fuel system leaks inspect the closing date and may amend this
bronze/brass hollow threaded fuel line proposed AD because of those
(1) Complete 60 hours of training and fittings for type and leaks, per Avions Pierre
experience in basic radionuclide comments.
Robin Service Bulletin (SB) No. 86. We will post all comments we
handling techniques and radiation
The proposed AD would require receive, without change, to http://
safety applicable to the medical use of
actions that are intended to address the dms.dot.gov, including any personal
unsealed byproduct material for uptake,
unsafe condition described in the MCAI. information you provide. We will also
dilution, and excretion studies as
DATES: We must receive comments on post a report summarizing each
described in paragraphs (c)(1)(i) through
this proposed AD by September 12, substantive verbal contact we receive
(c)(1)(ii)(F) of this section; and
2007. about this proposed AD.
* * * * *
ADDRESSES: You may send comments by Discussion
10. In § 35.290, paragraph (a)(1) is
revised to read as follows: any of the following methods: We proposed to amend 14 CFR part
• DOT Docket Web Site: Go to http:// 39 with an earlier NPRM for the
§ 35.290 Training for imaging and dms.dot.gov and follow the instructions specified products, which was
localization studies. for sending your comments published in the Federal Register on
* * * * * electronically. January 8, 2007 (72 FR 676). That earlier
(a) * * * • Fax: (202) 493–2251. NPRM proposed to require actions
• Mail: U.S. Department of intended to address the unsafe
(1) Complete 700 hours of training Transportation, Docket Operations, M–
and experience in basic radionuclide condition for the products listed above.
30, West Building, Ground Floor, Room Since that NPRM was issued, we
handling techniques and radiation W12–140, 1200 New Jersey Avenue, SE., determined that replacing any type 1
safety applicable to the medical use of Washington, DC 20590. fuel fittings with type 2 fuel fittings, not
unsealed byproduct material for imaging • Hand Delivery: U.S. Department of just leaking type 1 fuel fittings, is
sroberts on PROD1PC70 with PROPOSALS

and localization studies as described in Transportation, Docket Operations, M– needed in order to eliminate future fuel
paragraphs (c)(1)(i) through (c)(1)(ii)(G) 30, West Building Ground Floor, Room leaks.
of this section; and W12–140, 1200 New Jersey Avenue, SE., The Civil Aviation Authority of New
* * * * * Washington, DC 20590, between 9 a.m. Zealand, which is the airworthiness
Dated at Rockville, Maryland, this 31st day and 5 p.m., Monday through Friday, authority for New Zealand, has issued
of July, 2007. except Federal holidays. AD DCA/R2000/12, dated June 29, 2006

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45184 Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules

(referred to after this as ‘‘the MCAI’’), to highlighted in a Note within the 3. Will not have a significant
correct an unsafe condition for the proposed AD. economic impact, positive or negative,
specified products. The MCAI states: on a substantial number of small entities
Costs of Compliance
To prevent fuel system leaks inspect the under the criteria of the Regulatory
bronze/brass hollow threaded fuel line Based on the service information, we Flexibility Act.
fittings for type and leaks, per Avions Pierre estimate that this proposed AD would We prepared a regulatory evaluation
Robin Service Bulletin (SB) No. 86. Replace affect about 10 products of U.S. registry. of the estimated costs to comply with
leaking Type 1 fuel line fittings with Type 2 We also estimate that it would take this proposed AD and placed it in the
fittings, per SB No. 86, before further flight. about 1 work-hour per product to AD docket.
You may obtain further information comply with the basic requirements of
this proposed AD. The average labor List of Subjects in 14 CFR Part 39
by examining the MCAI in the AD
rate is $80 per work-hour. Required Air transportation, Aircraft, Aviation
parts would cost about $100 per safety, Safety.
Relevant Service Information product. Where the service information The Proposed Amendment
AVIONS PIERRE ROBIN (current type lists required parts costs that are
covered under warranty, we have Accordingly, under the authority
certificate responsibility with Alpha delegated to me by the Administrator,
Aviation Design Limited) has issued assumed that there will be no charge for
these costs. As we do not control the FAA proposes to amend 14 CFR part
Avions Pierre Robin Service Bulletin 39 as follows:
No. 86, dated July 30, 1980. The actions warranty coverage for affected parties,
described in this service information are some parties may incur costs higher
intended to correct the unsafe condition than estimated here.
Based on these figures, we estimate DIRECTIVES
identified in the MCAI.
the cost of the proposed AD on U.S. 1. The authority citation for part 39
Comments operators to be $1,800, or $180 per continues to read as follows:
We received no comments on the product. Authority: 49 U.S.C. 106(g), 40113, 44701.
earlier NPRM. Authority for This Rulemaking
§ 39.13 [Amended]
FAA’s Determination and Requirements Title 49 of the United States Code 2. The FAA amends § 39.13 by adding
of the Proposed AD specifies the FAA’s authority to issue the following new AD:
rules on aviation safety. Subtitle I,
This product has been approved by Alpha Aviation Design Limited (Type
section 106, describes the authority of Certificate No. A48EU previously held
the aviation authority of another
the FAA Administrator. ‘‘Subtitle VII: by Apex Aircraft and AVIONS PIERRE
country, and is approved for operation
Aviation Programs,’’ describes in more ROBIN): Docket No. FAA–2006–26491;
in the United States. Pursuant to our
detail the scope of the Agency’s Directorate Identifier 2006–CE–76–AD.
bilateral agreement with this State of
Design Authority, they have notified us We are issuing this rulemaking under Comments Due Date
of the unsafe condition described in the the authority described in ‘‘Subtitle VII, (a) We must receive comments by
MCAI and service information Part A, Subpart III, Section 44701: September 12, 2007.
referenced above. We are proposing this General requirements.’’ Under that Affected ADs
AD because we evaluated all section, Congress charges the FAA with
information and determined the unsafe (b) None.
promoting safe flight of civil aircraft in
condition exists and is likely to exist or air commerce by prescribing regulations Applicability
develop on other products of the same for practices, methods, and procedures (c) This AD applies to Model R2160
type design. the Administrator finds necessary for airplanes, serial numbers 001 through 191,
Certain changes described above certificated in any category.
safety in air commerce. This regulation
expand the scope of the earlier NPRM. is within the scope of that authority Subject
As a result, we have determined that it because it addresses an unsafe condition (d) Air Transport Association of America
is necessary to reopen the comment that is likely to exist or develop on (ATA) Code 28: Fuel.
period to provide additional products identified in this rulemaking
opportunity for the public to comment Reason
on the proposed AD. (e) The mandatory continuing
Regulatory Findings airworthiness information (MCAI) states:
Differences Between This Proposed AD To prevent fuel system leaks inspect the
and the MCAI or Service Information We determined that this proposed AD
would not have federalism implications bronze/brass hollow threaded fuel line
We have reviewed the MCAI and fittings for type and leaks, per Avions Pierre
under Executive Order 13132. This Robin Service Bulletin (SB) No. 86.
related service information and, in proposed AD would not have a
general, agree with their substance. But substantial direct effect on the States, on Actions and Compliance
we might have found it necessary to use the relationship between the national (f) Unless already done, within the next 25
different words from those in the MCAI Government and the States, or on the hours time-in-service after the effective date
to ensure the AD is clear for U.S. distribution of power and of this AD, replace the Type 1 fuel line
operators and is enforceable. In making responsibilities among the various fittings with Type 2 fittings, per Avions
these changes, we do not intend to differ Pierre Robin Service Bulletin No. 86 dated
levels of government.
substantively from the information July, 1980.
For the reasons discussed above, I
sroberts on PROD1PC70 with PROPOSALS

provided in the MCAI and related certify this proposed regulation: FAA AD Differences
service information. 1. Is not a ‘‘significant regulatory Note: This AD differs from the MCAI and/
We might also have proposed action’’ under Executive Order 12866; or service information as follows: This AD
different actions in this AD from those 2. Is not a ‘‘significant rule’’ under the requires the replacement of the Type 1 fuel
in the MCAI in order to follow FAA DOT Regulatory Policies and Procedures line fittings with Type 2 fittings, per Avions
policies. Any such differences are (44 FR 11034, February 26, 1979); and Pierre Robin Service Bulletin No. 86 dated

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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Proposed Rules 45185

July, 1980. The MCAI required a one-time SUMMARY: The proposed regulations exempt boards of trade and ECMs
inspection for leaks and replacement if leaks expand the set of persons delegated by operating pursuant to sections 5d or
were found. There was no MCAI action to the Commission with the authority to 2(h)(3) through (5) of the Act,
determine whether leaks developed in the issue exempt commercial market (ECM) respectively, in part 36 of the
future. The FAA believes that mandatory
replacement of the fittings will eliminate special calls to include the Director of Commission’s regulations. The final
current leaking fittings as well as preventing the Division of Enforcement and that regulations also codified the procedural
the problem from developing in the future. Director’s designees. The proposed provisions common to DCMs,
regulations clarify the process for derivatives transaction execution
Other FAA AD Provisions listing, clearing, or implementing facilities (DTEF), and derivatives
(g) The following provisions also apply to registered entity products or rules, clearing organizations (DCO) in part 40
this AD: including dormant products and rules, of the Commission’s regulations, and
(1) Alternative Methods of Compliance and amend the definition of emergency further established the regulatory
(AMOCs): The Manager, Standards Staff, to clarify that persons other than framework necessary to implement and
FAA, has the authority to approve AMOCs members of the governing board of a interpret the provisions of the CEA, as
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to registered entity may declare an amended by the Commodity Futures
ATTN: Karl Schletzbaum, Aerospace emergency on behalf of the governing Modernization Act of 2000 (CFMA),2
Engineer, FAA, Small Airplane Directorate, board. The proposed regulations also pertinent to trading facilities. Based
901 Locust, Room 301, Kansas City, Missouri clarify the duration of the rule approval upon its subsequent experience in
64106; telephone: (816) 329–4146; fax: (816) period for designated contract market administering the Act, the Commission
329–4090. Before using any approved AMOC (DCM) rules that may change a material herein proposes several amendments to
on any airplane to which the AMOC applies, term or condition of a contract based on parts 36 and 40 of the Commission’s
notify your appropriate principal inspector the agricultural commodities regulations to better implement the Act
(PI) in the FAA Flight Standards District
enumerated in section 1a(4) of the and provide clearer direction as to the
Office (FSDO), or lacking a PI, your local
FSDO. Commodity Exchange Act (CEA or Act). Commission’s regulatory requirements
(2) Airworthy Product: For any requirement Finally, the proposed regulations clarify thereunder.
in this AD to obtain corrective actions from how far in advance of implementation
II. Exempt Commercial Markets
a manufacturer or other source, use these registered entities must submit self-
actions if they are FAA-approved. Corrective certified contracts and rules to the The CFMA created a qualified
actions are considered FAA-approved if they Commission, and identify three exemption from the Commission’s
are approved by the State of Design Authority additional categories of rules that a jurisdiction for transactions executed or
(or their delegated agent). You are required registered entity may implement traded on ECMs. Section 2(h)(3) of the
to assure the product is airworthy before it Act, which was added by the CFMA,
is returned to service. without filing certified submissions or
receiving prior Commission approval. applies the exemption to transactions in
(3) Reporting Requirements: For any
reporting requirement in this AD, under the DATES: Comments must be received by
exempt commodities executed or traded
provisions of the Paperwork Reduction Act September 12, 2007. on an electronic trading facility that are
(44 U.S.C. 3501 et seq.), the Office of entered into on a principal-to-principal
ADDRESSES: Comments should be sent to
Management and Budget (OMB) has basis solely between persons that are
the Commodity Futures Trading
approved the information collection eligible commercial entities.3 The CEA
requirements and has assigned OMB Control Commission, Three Lafayette Centre, specifically reserves the applicability of
Number 2120–0056. 1155 21st Street, NW., Washington, DC the Commission’s antifraud and
20581, attention: Office of the antimanipulation authority to
Related Information Secretariat. Comments may be sent by
(h) Refer to MCAI Airworthiness Authority
transactions executed or traded on
facsimile to 202.418.5521, or by e-mail ECMs in section 2(h)(4) of the Act 4 and
of New Zealand AD DCA/R2000/12, dated to secretary@cftc.gov. Reference should
June 29, 2006; and Avions Pierre Robin gives the Commission the authority to
be made to the ‘‘Amendments Pertinent issue ECM special calls for information
Service Bulletin 86, dated July, 1980, for
related information.
to Registered Entities and Exempt to, among other things, enforce that
Commercial Markets.’’ Comments may authority.5
Issued in Kansas City, Missouri, on August also be submitted through the Federal
6, 2007. In July 2004, the Commission
eRulemaking Portal at http:// amended regulation 36.3(b), which
Kim Smith, www.regulations.gov. governs the Commission’s access to
Manager, Small Airplane Directorate, Aircraft
Certification Service. FOR FURTHER INFORMATION CONTACT: ECM transaction data, to improve the
Bruce Fekrat, Special Counsel, Office of quality of accessible information
[FR Doc. E7–15794 Filed 8–10–07; 8:45 am]
the Director (telephone 202.418.5578, e- relevant to its antifraud and
mail bfekrat@cftc.gov), Division of antimanipulation authority.6 In that
Market Oversight, Commodity Futures rulemaking, the Commission stated that
Trading Commission, Three Lafayette aberrant price behavior on ECMs may
COMMODITY FUTURES TRADING Centre, 1155 21st Street, NW., require further Commission
COMMISSION Washington, DC 20581. investigation and the eventual use of the
SUPPLEMENTARY INFORMATION: Commission’s special call authority to
17 CFR Parts 36 and 40 identify wrongful conduct.7 The
RIN 3038–AC39 I. Introduction authority to issue special calls to ECMs
The Commodity Futures Trading currently is delegated to the Directors of
Amendments Pertinent to Registered Commission (Commission) published
sroberts on PROD1PC70 with PROPOSALS

Entities and Exempt Commercial comprehensive final regulations for 2 Pub. L. 106–554, 114 Stat. 2763 (December 21,

Markets 2000).
trading facilities on August 10, 2001.1 3 7 U.S.C. 2(h)(3).

AGENCY: Commodity Futures Trading The final regulations codified the 4 7 U.S.C. 2(h)(4).

Commission. procedural provisions common to 5 7 U.S.C. 2(h)(5).

6 69 FR 43285 (July 20, 2004).
ACTION: Proposed rulemaking. 1 66 FR 42256 (August 10, 2001). 7 Id. at 43289.

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