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Federal Register / Vol. 71, No.

196 / Wednesday, October 11, 2006 / Rules and Regulations 59651

Reduction Act of 1995 (44 U.S.C. 3501 border of Rahway River Park to the reaching the end of the runway or
et seq.). intersection of Valley Road and Union failing to clear obstacles below the
County Parkway; then north along takeoff flight path.
List of Subjects in 7 CFR Part 301
Union County Parkway to North Stiles DATES: This AD becomes effective
Agricultural commodities, Plant Street; then northwest along North October 16, 2006 to all persons except
diseases and pests, Quarantine, Stiles Street to Raritan Road; then those persons to whom it was made
Reporting and recordkeeping northeast along Raritan Road to the immediately effective by emergency AD
requirements, Transportation. perpendicular intersection of Raritan 2006–20–51, issued September 30, 2006,
■ Accordingly, we are amending 7 CFR Road and the Cranford/Linden township which contained the requirements of
part 301 as follows: border (144 Raritan Road); then north this amendment.
along the Cranford/Linden border to We must receive comments on this
PART 301—DOMESTIC QUARANTINE Myrtle Street; then east along Myrtle AD by December 11, 2006.
NOTICES Street to the intersection of Amsterdam ADDRESSES: Use one of the following
■ 1. The authority citation for part 301 Avenue and Wood Avenue; then addresses to submit comments on this
continues to read as follows: southeast along Wood Avenue to 5th AD.
Avenue; then northeast along 5th • DOT Docket Web site: Go to
Authority: 7 U.S.C. 7701–7772 and 7781– Avenue to Locust Street; then north
7786; 7 CFR 2.22, 2.80, and 371.3. http://dms.dot.gov and follow the
along Locust Street to the point of instructions for sending your comments
Section 301.75–15 issued under Sec. 204,
Title II, Public Law 106–113, 113 Stat. beginning. electronically.
1501A–293; sections 301.75–15 and 301.75– * * * * * • Government-wide rulemaking Web
16 issued under Sec. 203, Title II, Public Law Done in Washington, DC, this 4th day of site: Go to http://www.regulations.gov
106–224, 114 Stat. 400 (7 U.S.C. 1421 note). October 2006. and follow the instructions for sending
Kevin Shea, your comments electronically.
■ 2. In § 301.51–3, paragraph (c), the
Acting Administrator, Animal and Plant
• Mail: Docket Management Facility;
entry for New Jersey is revised to read
Health Inspection Service. U.S. Department of Transportation, 400
as follows:
[FR Doc. E6–16755 Filed 10–10–06; 8:45 am]
Seventh Street, SW., Nassif Building,
§ 301.51–3 Quarantined areas. Room PL–401, Washington, DC 20590.
BILLING CODE 3410–34–P
* * * * * • Fax: (202) 493–2251.
(c) * * * • Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
New Jersey DEPARTMENT OF TRANSPORTATION 400 Seventh Street, SW., Washington,
Middlesex and Union Counties. That DC, between 9 a.m. and 5 p.m., Monday
Federal Aviation Administration
portion of the counties, including the through Friday, except Federal holidays.
municipalities of Roselle, Elizabeth 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT:
City, Linden, Carteret, Woodbridge, Margaret Langsted, Aerospace Engineer,
Rahway, and Clark, that is bounded by [Docket No. FAA–2006–26028; Directorate Propulsion Branch, ANM–140S, FAA,
Identifier 2006–NM–222–AD; Amendment Seattle Aircraft Certification Office,
a line drawn as follows: Beginning at
39–14786; AD 2006–20–51]
the intersection of Locust Street (County 1601 Lind Avenue, SW., Renton,
Road 619) and West Grand Avenue RIN 2120–AA64 Washington 98057–3356; telephone
(Union County 610) in Roselle, NJ; then (425) 917–6500; fax (425) 917–6590.
east on West Grand Avenue to Chilton Airworthiness Directives; Boeing SUPPLEMENTARY INFORMATION: On
Street; then south on Chilton Street to Model 777–200LR Series Airplanes September 30, 2006, we issued
South Street; then east on South Street Powered by General Electric (GE) emergency AD 2006–20–51, which
to Broad Street; then south on Broad Model GE90–110B Engines, and Model applies to all Boeing Model 777–200LR
Street to Summer Street; then east on 777–300ER Series Airplanes Powered series airplanes powered by General
Summer Street to the Elizabeth River; by GE Model GE90–115B Engines Electric (GE) Model GE90–110B engines,
then east along the Elizabeth River to AGENCY: Federal Aviation and Model 777–300ER series airplanes
the Arthur Kill; then south along the Administration (FAA), Department of powered by GE Model GE90–115B
Arthur Kill (New Jersey and New York Transportation (DOT). engines.
State border) to the point where ACTION: Final rule; request for
Roosevelt Avenue (State Route 602) Background
comments.
meets the Arthur Kill in Carteret, NJ; We have received a report of two
then south along Roosevelt Avenue to SUMMARY: This document publishes in occurrences of engine thrust rollback
Port Reading Avenue (State Route 604); the Federal Register an amendment (reduction) during takeoff on Boeing
then west southwest along Port Reading adopting airworthiness directive (AD) Model 777–300ER series airplanes
Avenue to the Conrail railroad; then 2006–20–51 that was sent previously to powered by GE Model GE90–115B
north and west along the Conrail all known U.S. owners and operators of engines. In both cases, only one engine
railroad right-of-way to the NJ Transit certain Boeing Model 777–200LR and was affected. The N1 (fan speed—the
railroad right-of-way; then north and –300ER series airplanes by individual normal thrust setting parameter for this
northwest along the NJ Transit railroad notices. This AD requires revising the engine type) thrust level on the affected
right-of-way to the south branch of the Airplane Flight Manual to prohibit engine progressively dropped resulting
Rahway River; then west along the takeoffs at less than full-rated thrust. in a thrust loss of 65 to 77% due to an
south branch of the Rahway River to St. This AD is prompted by a report of two erroneous N1 command computed by
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Georges Avenue (State Highway 27); occurrences of engine thrust rollback the Full Authority Digital Engine
then north along St. Georges Avenue to (reduction) during takeoff. We are Control (FADEC). In both cases, the
its intersection with the eastern border issuing this AD to prevent dual-engine engine recovered to the proper N1 thrust
of Rahway River Park (Union County thrust rollback, which could result in level as the airplane climbed beyond
Park); then north along the eastern the airplane failing to lift off before 400 feet above ground level. In one case,

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59652 Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Rules and Regulations

the operator elected to return to the correct procedure on affected airplanes, We will post all comments we
departure airport after reaching cruise. they may request approval for an receive, without change, to http://
In the other case, the operator continued alternative method of compliance in dms.dot.gov, including any personal
to its destination. There were no further accordance with paragraph (h) of this information you provide. We will also
anomalies reported during the AD. post a report summarizing each
remainder of the flights. No flight deck substantive verbal contact with FAA
messages or maintenance indications FAA’s Determination and Requirements personnel concerning this AD. Using the
occurred as a result of the event. of This AD search function of that Web site, anyone
Investigation indicates that these Since the unsafe condition described can find and read the comments in any
events are the results of a software is likely to exist or develop on other of our dockets, including the name of
algorithm in the FADEC that was airplanes of the same type design, we the individual who sent the comment
introduced in software version A.0.4.5 issued emergency AD 2006–20–51 to (or signed the comment on behalf of an
(GE90–100 Service Bulletin 73–0021). prevent dual-engine thrust rollback, association, business, labor union, etc.).
Investigation also indicates that a dual- which could result in the airplane You may review the DOT’s complete
engine thrust rollback could occur just failing to lift off before reaching the end Privacy Act Statement in the Federal
after V1 (takeoff decision speed after of the runway or failing to clear Register published on April 11, 2000
which takeoff is to proceed even after an obstacles below the takeoff flight path. (65 FR 19477–78), or you may visit
engine failure), which would result in The AD requires revising the Airplane http://dms.dot.gov.
the airplane not having adequate thrust Flight Manual to prohibit takeoffs at less
to safely complete the takeoff. A de- Examining the Docket
than full-rated thrust.
rated or a reduced thrust takeoff, in You may examine the AD docket on
We found that immediate corrective
combination with specific ambient the Internet at http://dms.dot.gov, or in
action was required; therefore, notice
conditions, can result in the FADEC person at the Docket Management
and opportunity for prior public
commanding a progressive reduction in Facility office between 9 a.m. and 5
comment thereon were impracticable
the engine thrust. Airplane takeoffs are p.m., Monday through Friday, except
and contrary to the public interest, and
often performed with engine thrust Federal holidays. The Docket
good cause existed to make the AD
levels at less than the maximum engine Management Facility office (telephone
effective immediately by individual
thrust approved for the airplane. This is (800) 647–5227) is located on the plaza
notices issued on September 30, 2006,
done to reduce wear on the engines, level of the Nassif Building at the DOT
to all known U.S. owners and operators
increase fuel efficiency, and maximize street address stated in the ADDRESSES
of all Boeing Model 777–200LR series
passenger comfort. Operators are section. Comments will be available in
airplanes powered by General Electric
permitted to calculate airplane takeoff the AD docket shortly after the Docket
(GE) Model GE90–110B engines, and
performance and required engine thrust Management System receives them.
using two different methods referred to Model 777–300ER series airplanes
as ‘‘derated takeoff thrust’’ (also known powered by GE Model GE90–115B Authority for This Rulemaking
as fixed de-rate) and ‘‘reduced takeoff engines. These conditions still exist, Title 49 of the United States Code
thrust’’ (also known as the assumed and the AD is hereby published in the specifies the FAA’s authority to issue
temperature method). Full-rated thrust Federal Register as an amendment to rules on aviation safety. Subtitle I,
takeoffs with the thrust levers at the full section 39.13 of the Federal Aviation Section 106, describes the authority of
forward position are not exposed to the Regulations (14 CFR 39.13) to make it the FAA Administrator. Subtitle VII,
potential thrust rollback caused by the effective to all persons. Aviation Programs, describes in more
software anomaly described above. Interim Action detail the scope of the Agency’s
A dual-engine thrust rollback, if not authority.
corrected, could result in the airplane This is considered to be interim We are issuing this rulemaking under
failing to lift off before reaching the end action. The engine manufacturer has the authority described in Subtitle VII,
of the runway or failing to clear advised that it currently is developing a Part A, Subpart III, Section 44701,
obstacles below the takeoff flight path. modification that will eliminate the ‘‘General requirements.’’ Under that
The FADEC software, version A.0.4.5, unsafe condition addressed by this AD. section, Congress charges the FAA with
on certain Model 777–200LR powered Once this modification is developed, promoting safe flight of civil aircraft in
by GE Model 90–110B engines is approved, and available, we may air commerce by prescribing regulations
identical to that on the affected Model consider additional rulemaking. for practices, methods, and procedures
777–300ER series airplanes powered by Comments Invited the Administrator finds necessary for
GE Model GE90–115B engines. safety in air commerce. This regulation
Therefore, both of these airplane models This AD is a final rule that involves is within the scope of that authority
may be subject to the same unsafe requirements that affect flight safety and because it addresses an unsafe condition
condition. was not preceded by notice and an that is likely to exist or develop on
Although the software anomaly was opportunity for public comment; products identified in this rulemaking
introduced by this version of software, however, we invite you to submit any action.
the affected operators have a mixed fleet relevant written data, views, or
of airplanes with and without the arguments regarding this AD. Send your Regulatory Findings
affected software version. To avoid comments to an address listed in the We have determined that this AD will
reliance on flight crews determining ADDRESSES section. Include ‘‘Docket No. not have federalism implications under
which software version is installed as FAA–2006–26028; Directorate Identifier Executive Order 13132. This AD will
they operate different airplanes, we 2006–NM–222–AD’’ at the beginning of not have a substantial direct effect on
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have determined that this AD should your comments. We specifically invite the States, on the relationship between
apply to all airplanes equipped with the comments on the overall regulatory, the national government and the States,
affected engines. If operators develop an economic, environmental, and energy or on the distribution of power and
acceptable method to ensure flight aspects of the AD that might suggest a responsibilities among the various
crews will consistently perform the need to modify it. levels of government.

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Federal Register / Vol. 71, No. 196 / Wednesday, October 11, 2006 / Rules and Regulations 59653

The FAA has determined that this List of Subjects in 14 CFR Part 39 § 39.13 [Amended]
regulation is an emergency regulation ■ 2. The FAA amends § 39.13 by adding
that must be issued immediately to Air transportation, Aircraft, Aviation
the following new airworthiness
correct an unsafe condition in aircraft, safety, Safety.
directive (AD):
and that it is not a ‘‘significant Adoption of the Amendment 2006–20–51 Boeing: Amendment 39–14786.
regulatory action’’ under Executive Docket No. FAA–2006–26028;
Order 12866. It has been determined ■ Accordingly, under the authority Directorate Identifier 2006–NM–222–AD.
further that this action involves an delegated to me by the Administrator,
Effective Date
emergency regulation under DOT the FAA amends 14 CFR part 39 as
Regulatory Policies and Procedures (44 follows: (a) This AD becomes effective October 16,
2006, to all persons except those persons to
FR 11034, February 26, 1979). If this whom it was made immediately effective by
emergency regulation is later deemed PART 39—AIRWORTHINESS emergency AD 2006–20–51, issued on
significant under DOT Regulatory DIRECTIVES September 30, 2006, which contained the
Policies and Procedures, we will requirements of this amendment.
prepare a final regulatory evaluation ■ 1. The authority citation for part 39
continues to read as follows: Affected ADs
and place it in the AD Docket. See the
(b) None.
ADDRESSES section for a location to Authority: 49 U.S.C. 106(g), 40113, 44701.
examine the regulatory evaluation, if Applicability
filed. (c) This AD applies to airplanes in Table
1 of this AD certificated in any category.

TABLE 1.—APPLICABILITY
Powered by General
Boeing model Electric (GE) model

(1) 777–200LR series airplanes .............................................................................................................................................. GE90–110B engines.


(2) 777–300ER series airplanes .............................................................................................................................................. GE90–115B engines.

Unsafe Condition Alternative Methods of Compliance ACTION: Final rule.


(d) This AD results from a report of two (AMOCs)
occurrences of engine thrust rollback during (h)(1) The Manager, Seattle Aircraft SUMMARY: The Food and Drug
takeoff. The Federal Aviation Administration Certification Office (ACO), FAA, has the Administration (FDA) is requiring that
is issuing this AD to prevent dual-engine authority to approve AMOCs for this AD, if
requested in accordance with the procedures
manufacturers and processors of human
thrust rollback, which could result in the food and cosmetics that are
airplane failing to lift off before reaching the found in 14 CFR 39.19.
end of the runway or failing to clear obstacles (2) Before using any AMOC approved in manufactured from, processed with, or
below the takeoff flight path. accordance with § 39.19 on any airplane to otherwise contain, material from cattle
which the AMOC applies, notify the establish and maintain records
Compliance appropriate principal inspector in the FAA sufficient to demonstrate that the
(e) You are responsible for having the Flight Standards Certificate Holding District human food or cosmetic is not
actions required by this AD performed within Office.
manufactured from, processed with, or
the compliance times specified, unless the Issued in Renton, Washington, on October does not otherwise contain, prohibited
actions have already been done. 2, 2006.
cattle materials. These recordkeeping
Revision of the Airplane Flight Manual Kalene C. Yanamura, requirements provide documentation for
(AFM) Acting Manager, Transport Airplane the provisions in FDA’s interim final
Directorate, Aircraft Certification Service.
(f) Within 24 hours after the effective date rule entitled ‘‘Use of Materials Derived
of this AD, revise the Certificate Limitations [FR Doc. E6–16670 Filed 10–10–06; 8:45 am] From Cattle in Human Food and
Section of the AFM to include the following BILLING CODE 4910–13–P Cosmetics.’’ FDA is requiring
statement. This may be done by inserting a recordkeeping because manufacturers
copy of this AD into the AFM. and processors of human food and
‘‘Use of reduced thrust takeoff ratings DEPARTMENT OF HEALTH AND cosmetics need records to ensure that
determined by either the assumed HUMAN SERVICES their products do not contain prohibited
temperature method or the fixed de-rate
method or a combination of both, is
cattle materials, and records are
Food and Drug Administration
prohibited. Full-rated thrust must be used for necessary to help FDA ensure
takeoff.’’ compliance with the requirements of the
21 CFR Parts 189 and 700
interim final rule.
Note 1: When a statement identical to that [Docket No. 2004N–0257]
in paragraph (f) of this AD has been included DATES: This rule is effective on January
in the general revisions of the AFM, the RIN 0910–AF48 9, 2007.
general revisions may be inserted into the
AFM, and the copy of this AD may be Recordkeeping Requirements for FOR FURTHER INFORMATION CONTACT:
removed from the AFM. Human Food and Cosmetics Rebecca Buckner, Center for Food Safety
Manufactured From, Processed With, and Applied Nutrition (HFS–306), Food
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Special Flight Permit and Drug Administration, 5100 Paint


or Otherwise Containing, Material
(g) Special flight permits, as described in From Cattle Branch Pkwy., College Park, MD 20740,
Section 21.197 and Section 21.199 of the 301–436–1486.
Federal Aviation Regulations (14 CFR 21.197 AGENCY: Food and Drug Administration,
and 21.199), are not allowed. HHS. SUPPLEMENTARY INFORMATION:

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