Airworthiness Directives; B-N Group Ltd. BN-2, BN-2A, BN-2B, BN-2T, and BN-2T-4R Series (All Individual Models Included in Type Certificate Data Sheet (TCDS) A17EU, Revision 16, Dated December 9, 2002), and BN-2A-Mklll Trislander Series (All Individual Models Included in Type Certificate Data Sheet (TCDS) A29EU, Revision 4, Dated December 9, 2002) Airplanes, 12557-12560 [E7-4729]
Download as PDF
Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations
´ ´
Contact the FAA/Direction Generale de
l’Aviation Civile (DGAC)/European Aviation
Safety Agency (EASA) for Certain Repair
Instructions
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14300 (70
FR 57732, October 4, 2005) and by
adding the following new airworthiness
directive (AD):
I
2007–06–12 Airbus: Amendment 39–14993.
Docket No. FAA–2006–26324;
Directorate Identifier 2006–NM–214–AD.
(a) This AD becomes effective April 20,
2007.
Affected ADs
(b) This AD supersedes AD 2005–20–07.
Applicability
(c) This AD applies to Airbus Model A330–
201, –202, –203, –223, –243, –301, –321,
–322, –323, –341, –342, and –343 airplanes,
certificated in any category; except those on
which Airbus Modification 49202 has been
incorporated in production.
Unsafe Condition
(d) This AD results from cracking found at
the circumferential joint of frame (FR) 53.3.
We are issuing this AD to prevent fatigue
cracking of the fuselage, which could result
in reduced structural integrity of the fuselage.
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.
Requirements of AD 2005–20–07
Installation for Model A330–300 Series
Airplanes
sroberts on PROD1PC70 with RULES
Related Information
(k) EASA airworthiness directive 2006–
0266, dated August 30, 2006, also addresses
the subject of this AD.
(g) For Airbus Model A330–301, –321,
–322, –323, –341, –342, and –343 airplanes,
except those on which Airbus Modification
41652S11819 has been incorporated in
production: If any crack is detected during
the related investigative actions (rototest)
required by paragraph (f) of this AD, before
further flight, repair the crack according to a
method approved by the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA; the DGAC (or its
delegated agent); or the EASA (or its
delegated agent).
Material Incorporated by Reference
(l) You must use Airbus Service Bulletin
A330–53–3127, Revision 01, dated November
21, 2003; and Airbus Service Bulletin A330–
53–3143, Revision 01, including Appendix
01, dated June 29, 2006; as applicable, to
perform the actions that are required by this
AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
Airbus Service Bulletin A330–53–3143,
Revision 01, including Appendix 01, dated
June 29, 2006, in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
(2) On October 19, 2005 (70 FR 57732,
October 4, 2005), the Director of the Federal
Register approved the incorporation by
reference of Airbus Service Bulletin A330–
53–3127, Revision 01, dated November 21,
2003.
(3) Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France, for a
copy of this service information. You may
review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at the NARA, call (202) 741–6030,
or go to: https://www.archives.gov/federalregister/cfr/ibr-locations.html.
New Requirements of This AD
Installation for Model A330–200 and –300
Series Airplanes
Effective Date
(f) For Airbus Model A330–301, –321,
–322, –323, –341, –342, and –343 airplanes,
except those on which Airbus Modification
41652S11819 has been incorporated in
production: At the later of the times in
paragraphs (f)(1) and (f)(2) of this AD, install
the butt straps at FR53.3 on the fuselage skin
between left-hand (LH) and right-hand (RH)
stringer (STR) 13, and do all related
investigative and corrective actions before
further flight. Except as provided by
paragraph (g) of this AD, do all actions in
accordance with the Accomplishment
Instructions of Airbus Service Bulletin A330–
53–3127, Revision 01, dated November 21,
2003.
(1) Before the accumulation of 14,700 total
flight cycles or 51,400 total flight hours,
whichever occurs earlier.
(2) Within 6 months after October 19, 2005
(the effective date of AD 2005–20–07).
VerDate Aug<31>2005
15:23 Mar 15, 2007
Jkt 211001
12557
(h) For Airbus Model A330–201, –202,
–203, –223, –243, –301, –321, –322, –323,
–341, –342, and –343 airplanes, on which
Airbus Modification 41652S11819 has been
incorporated in production or in accordance
with paragraph (f) of this AD, except those
airplanes on which Airbus Modification
49202 has been incorporated in production:
At the later of the times in paragraphs (h)(1)
and (h)(2) of this AD, install the butt straps
at FR53.3 on the fuselage skin between LH
and RH STR13; and do all related
investigative and other specified actions
before further flight, as applicable. Do all
actions in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A330–53–3143, Revision 01,
including Appendix 01, dated June 29, 2006;
except if any crack is detected during a
related investigative action (rototest), before
further flight, repair the crack using a method
approved by the Manager, International
Branch, ANM–116; or the EASA (or its
delegated agent).
(1) Before the accumulation of 17,600 total
flight cycles or 61,600 total flight hours,
whichever occurs earlier.
(2) Within 6 months after the effective date
of this AD.
Credit for Actions Done in Accordance With
Previous Service Bulletin
(i) Actions done before the effective date of
this AD in accordance with Airbus Service
Bulletin A330–53–3143, including Appendix
01, dated December 24, 2004, are acceptable
for compliance with the corresponding
requirements of paragraph (h) of this AD.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, International Branch,
ANM–116, 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.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
Issued in Renton, Washington, on March 7,
2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–4740 Filed 3–15–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–26401; Directorate
Identifier 2006–CE–72–AD; Amendment 39–
14987; AD 2007–06–06]
RIN 2120–AA64
Airworthiness Directives; B–N Group
Ltd. BN–2, BN–2A, BN–2B, BN–2T, and
BN–2T–4R Series (All Individual
Models Included in Type Certificate
Data Sheet (TCDS) A17EU, Revision
16, Dated December 9, 2002), and BN–
2A–Mklll Trislander Series (All
Individual Models Included in Type
Certificate Data Sheet (TCDS) A29EU,
Revision 4, Dated December 9, 2002)
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
E:\FR\FM\16MRR1.SGM
16MRR1
12558
Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on December 22, 2006 (71 FR
76952). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states that:
* * * incidences have been reported to
Britten-Norman Aircraft Ltd where cracks
have been found in the inner shell of the
pitot/static pressure heads. This could result
in incorrect readings on the pressure
instrumentation, e.g. altimeters, vertical
speed indicators (rate-of-climb) and airspeed
indicators.
* * * incidences have been reported to
Britten-Norman Aircraft Ltd. where cracks
have been found in the inner shell of the
pitot/static pressure heads. If not corrected
this could result in incorrect readings on the
pressure instrumentation, e.g. altimeters,
vertical speed indicators (rate-of-climb) and
airspeed indicators.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
This AD becomes effective April
20, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of April 20, 2007.
DATES:
You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street
SW., Nassif Building, Room PL–401,
Washington, DC.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Taylor B. Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri, 64106; telephone: (816) 329–
4138; facsimile: (816) 329–4090.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with RULES
Streamlined Issuance of AD
The FAA is implementing a new
process for streamlining the issuance of
ADs related to MCAI. The streamlined
process will allow us to adopt MCAI
safety requirements in a more efficient
manner and will reduce safety risks to
the public. This process continues to
follow all FAA AD issuance processes to
meet legal, economic, Administrative
Procedure Act, and Federal Register
requirements. We also continue to meet
our technical decision-making
responsibilities to identify and correct
unsafe conditions on U.S.-certificated
products.
This AD references the MCAI and
related service information that we
considered in forming the engineering
basis to correct the unsafe condition.
The AD contains text copied from the
MCAI and for this reason might not
follow our plain language principles.
VerDate Aug<31>2005
15:23 Mar 15, 2007
Jkt 211001
Comment Issue No. 1: Reference to
Service Bulletin
Jack Buster of the Modification and
Replacement Parts Association
(MARPA) comments that the correct
reference to the service bulletin is
Britten-Norman Service Bulletin
Number SB 310, Issue 2, dated March 1,
2006.
When referencing what is in the
MCAI, we reference it as ‘‘B–N Service
Bulletin 310 Issue 2’’ because we try to
use terminology straight from the MCAI
when we can. We are not able to use
this reference in the actual AD portion
because to incorporate by reference
(IBR) this service bulletin, we must
reference it exactly how it appears in
the reference document. Therefore, we
will reference it in the AD as follows:
• When referencing the MCAI: We
will reference it as B–N Service Bulletin
310 Issue 2.
• All other references: We will
reference it as Britten-Norman Service
Bulletin Number SB 310, Issue 2, dated
March 1, 2006.
Comment Issue No. 2: Incorporation of
Service Documents
MARPA comments that it was
informed service documents are usually
not incorporated into proposed actions
(NPRMs), but only into final actions.
MARPA notes there is no indication in
the NPRM the FAA intends to
incorporate by reference the necessary
service information. In addition, there is
no indication of which service
documents are mandatory and which
are merely sources of additional service
information. Therefore, the reader is
unsure of the FAA’s intent. MARPA
asks that future proposed actions
indicate the FAA’s intent by including
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
the following, or a similar statement:
‘‘We intend to incorporate by reference
the following publications.’’
We do not concur with the
commenter’s request to indicate in an
NPRM our intent to incorporate service
information by reference. When we
propose that actions be accomplished in
accordance with certain service
information in an NPRM, the public
may assume we intend to Incorporate by
Reference (IBR) that service information,
as requested by the Office of the Federal
Register. Service information that is
cited in the proposed AD as a source of
additional information is not presented
as a requirement, and the public may
assume we do not intend to IBR that
service information. No change to this
final rule is necessary in regard to the
commenter’s request.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these changes will
not increase the economic burden on
any operator or increase the scope of the
AD.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow FAA policies.
Any such differences are highlighted in
a Note within the AD.
Costs of Compliance
We estimate that this AD will affect
135 products of U.S. registry. We also
estimate that it will take about 2 workhours per product to comply with this
AD. The average labor rate is $80 per
work-hour. Required parts will cost
about $10,000 per product. Where the
service information lists required parts
costs that are covered under warranty,
we have assumed that there will be no
charge for these parts. As we do not
control warranty coverage for affected
parties, some parties may incur costs
higher than estimated here. Based on
these figures, we estimate the cost of
E:\FR\FM\16MRR1.SGM
16MRR1
Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations
this AD to the U.S. operators to be
$1,371,600, or $10,160 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD Docket.
sroberts on PROD1PC70 with RULES
Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.gov; or in
person at the Docket Management
Facility between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains the
NPRM, the regulatory evaluation, any
comments received, and other
information. The street address for the
Docket Office (telephone (800) 647–
5227) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
VerDate Aug<31>2005
15:23 Mar 15, 2007
Jkt 211001
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:
I
PART 39—AIRWORTHINESS
DIRECTIVES
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2007–06–06 B–N Group Ltd: Amendment
39–14987; Docket No. FAA–2006–26401;
Directorate Identifier 2006–CE–72–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective April 20, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to B–N Group Ltd BN–
2, BN–2A, BN–2B, BN–2T, and BN–2T–4R
Series (all individual models included in
Type Certificate Data Sheet (TCDS) A17EU,
Revision 16, dated December 9, 2002), and
BN–2A–Mklll Trislander Series (all
individual models included in TCDS A29EU,
Revision 4, dated December 9, 2002)
airplanes, certificated in any category.
Reason
(d) The mandatory continuing
airworthiness information (MCAI) states:
* * * incidences have been reported to
Britten-Norman Aircraft Ltd. where cracks
have been found in the inner shell of the
pitot/static pressure heads. If not corrected
this could result in incorrect readings on the
pressure instrumentation, e.g. altimeters,
vertical speed indicators (rate-of-climb) and
airspeed indicators.
Actions and Compliance
(e) Unless already done, do the following
actions in accordance with Britten-Norman
Service Bulletin Number SB 310, Issue 2,
dated March 1, 2006:
(1) Within the next 60 days after the
effective date of this AD, perform the
inspection procedure and the leak test
procedure as detailed in Section 6 Action, of
Britten-Norman Service Bulletin Number SB
310, Issue 2, dated March 1, 2006. Repeat this
inspection procedure and the leak test
procedure at intervals not to exceed 500
hours time-in-service (TIS).
(2) In addition, within 500 hours after the
initial inspection, perform an initial
inspection of the drain traps for moisture.
Repeat this inspection at intervals not to
exceed 500 hours TIS.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
(3) Before further flight, after any
inspection or procedure required by this AD,
correct, modify, or replace, as specified in the
service information.
FAA AD Differences
Note: This AD differs from the MCAI and/
or service information as follows: This AD
references the service bulletin as BrittenNorman Service Bulletin Number SB 310,
Issue 2, dated March 1, 2006; and the MCAI
references the service bulletin as B–N Service
Bulletin 310 Issue 2.
Other FAA AD Provisions
1. The authority citation for part 39
continues to read as follows:
I
§ 39.13
12559
(f) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Staff,
FAA, ATTN: Taylor B. Martin, Aerospace
Engineer, FAA, Small Airplane Directorate,
901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329–4138; facsimile:
(816) 329–4090, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
(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
(g) Refer to MCAI European Aviation
Safety Agency (EASA), AD No.: 2006–0143,
dated May 30, 2006; and Britten-Norman
Service Bulletin SB 310, Issue 2, dated March
1, 2006, for related information.
Material Incorporated by Reference
You must use Britten-Norman Service
Bulletin Number SB 310, Issue 2, dated
March 1, 2006 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 Britten-Norman Aircraft
Limited, Bembridge Airport, Isle of Wight,
United Kingdom, PO35 5PR.
(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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
E:\FR\FM\16MRR1.SGM
16MRR1
12560
Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Rules and Regulations
Issued in Kansas City, Missouri, on March
6, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E7–4729 Filed 3–15–07; 8:45 am]
Food and Drug Administration
FDA published a notice of filing of
this petition in the Federal Register of
October 24, 1995 (60 FR 54505), and
gave interested parties an opportunity to
submit comments to the agency. FDA
did not receive any comments in
response to that notice. Subsequent to
the filing of the petition, sponsorship
was changed to IsoGen L.L.C., Monsanto
Co., Roche Vitamins, Inc., and lastly, to
DSM Nutritional Products, Inc., 45
Waterview Blvd., Parsippany, NJ,
07054–1298.
21 CFR Part 584
II. Standards for GRAS Affirmation
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Docket No. 1995G–0321] (formerly 95G–
0321)
Food Substances Affirmed as
Generally Recognized as Safe in Feed
and Drinking Water of Animals: 25Hydroxyvitamin D3
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
sroberts on PROD1PC70 with RULES
SUMMARY: The Food and Drug
Administration (FDA) is amending its
regulations to affirm that the use of 25hydroxyvitamin D3 is generally
recognized as safe (GRAS) as a source of
vitamin D3 activity in broiler chicken
feeds and drinking water when used in
accordance with certain limitations.
This action is in response to a petition
filed by Amoco BioProducts Corp.
Subsequently, the sponsorship for this
petition was changed to IsoGen L.L.C.,
Monsanto Co., Roche Vitamins, Inc.,
and lastly, to DSM Nutritional Products,
Inc.
DATES: This rule is effective March 16,
2007.
FOR FURTHER INFORMATION CONTACT:
Michaela Alewynse, Center for
Veterinary Medicine (HFV–228), Food
and Drug Administration, 7519 Standish
Pl., Rockville, MD 20855, 240–453–
6866, e-mail:
mika.alewynse@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the procedures
described in 21 CFR 570.35, Amoco
BioProducts Corp., P.O. Box 3011,
Naperville, IL, 60566, submitted a
petition (GRASP 2449) requesting that
25-hydroxyvitamin D3 (25-OH D3) be
affirmed as GRAS for use as a source of
vitamin D3 activity in broiler chicken
feeds. In the original petition, 25-OH D3
was proposed for use in feed only. The
proposed use was amended in a
submission dated January 7, 1998, to
include administration through drinking
water. Furthermore, all data for feed are
applicable to water.
VerDate Aug<31>2005
15:23 Mar 15, 2007
Jkt 211001
Under § 570.30 (21 CFR 570.30),
general recognition of safety of food
ingredients may be based only on the
views of experts qualified by scientific
training and experience to evaluate the
safety of food substances directly or
indirectly added to food. The basis of
such views may be either of the
following: (1) Scientific procedures, or
(2) in the case of a substance used in
food prior to January 1, 1958, through
experience based on common use in
food. General recognition of safety based
upon scientific procedures requires the
same quantity and quality of scientific
evidence as is required to obtain
approval of a food additive regulation
for the ingredient and ordinarily is to be
based upon published studies, which
may be corroborated by unpublished
studies and other data and information
(§ 570.30(b)). General recognition of
safety through experience based on
common use of a substance in food prior
to January 1, 1958, may be determined
without the quantity or quality of
scientific evidence required for approval
of a food additive regulation. Ordinarily
it is to be based upon generally available
data and information (§ 570.30(c)).
The subject petition relies on
scientific procedures evidence to
support the GRAS affirmation of 25-OH
D3 as a source of vitamin D3 activity in
broiler chicken feeds and drinking
water.
III. Safety Evaluation
A. Introduction
25-OH D3, also called 25hydroxycholecalciferol, is a normal
metabolite of vitamin D3 in mammals
and birds. Chemically, the substance is
9,10-secocholesta-5,7,10(19)-triene-3b,
25-diol. 25-OH D3 is the principal
circulating form of vitamin D3, which is
the primary source of vitamin D activity
for livestock animals. The metabolism of
vitamin D in animals is well understood
and is documented in biochemistry
textbooks (for example, Ref. 1). In
poultry, vitamin D regulates calcium
and phosphorus homeostasis, bone
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
growth, eggshell formation, as well as
other endocrine system functions (Ref.
2).
Animals, including poultry, do not
have a dietary requirement for vitamin
D when sufficient ultraviolet (UV) light
is available, because vitamin D is
produced through action of UV light on
a provitamin present in the skin. This
provitamin is synthesized in the body
and present in large amounts in skin,
intestinal wall, and other tissues (Ref.
2). Vitamin D becomes a nutritionally
important factor in the absence of
sufficient UV light either from the sun
or from an artificial source. Under
modern farming conditions, many
animals are raised in total confinement
with limited exposure to UV light thus
creating the need for a dietary supply of
vitamin D.
There are two predominant forms of
vitamin D for poultry. Vitamin D2 comes
mainly from plants. Vitamin D3 is
produced in a bird’s body when
sunlight reacts with vitamin D
precursors obtained from the bird’s diet.
Since vitamin D3 is 30 to 40 times more
potent than D2, plants are considered
insignificant sources of vitamin D for
birds.
Commonly, broiler chickens are
grown within the confines of buildings
with large numbers of birds per building
and are supplied with bulk feed and
water for ad libitum consumption.
Various strains of chicken have been
developed for broiler production. They
have been bred primarily for rapid
weight gain and efficient feed
utilization. Typically, broilers are
slaughtered at 6 to 7 weeks of age if size
and weight requirements are attained.
Crumbled starter feed is supplied during
weeks 1 to 3, pelletized grower feed
during weeks 4 to 6, and finisher feed
until slaughter. The major differences
among these types of feed are the levels
and sources of nutrients provided in the
feed, such as amino acids, minerals, and
vitamins. The level of vitamin
supplementation provided in the broiler
industry is based on type of diets fed,
species, age of the bird, dietary
antagonists, form of vitamin product,
requirement status (optimum or
minimum requirements), disease status,
complexity of the ration, and
environmental factors, primarily
ambient temperature. Only after all
these factors are considered can the
optimal vitamin requirements for
poultry be estimated (Ref. 2).
The National Research Council’s
(NRC) recommendation for dietary
vitamin D3 requirement of broiler
chickens is 200 International Units (IU)
of vitamin D3 per kilogram (/kg) of feed
(Ref. 3). One unit of vitamin D3 is
E:\FR\FM\16MRR1.SGM
16MRR1
Agencies
[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Rules and Regulations]
[Pages 12557-12560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4729]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26401; Directorate Identifier 2006-CE-72-AD;
Amendment 39-14987; AD 2007-06-06]
RIN 2120-AA64
Airworthiness Directives; B-N Group Ltd. BN-2, BN-2A, BN-2B, BN-
2T, and BN-2T-4R Series (All Individual Models Included in Type
Certificate Data Sheet (TCDS) A17EU, Revision 16, Dated December 9,
2002), and BN-2A-Mklll Trislander Series (All Individual Models
Included in Type Certificate Data Sheet (TCDS) A29EU, Revision 4, Dated
December 9, 2002) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 12558]]
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
* * * incidences have been reported to Britten-Norman Aircraft
Ltd where cracks have been found in the inner shell of the pitot/
static pressure heads. This could result in incorrect readings on
the pressure instrumentation, e.g. altimeters, vertical speed
indicators (rate-of-climb) and airspeed indicators.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April 20, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 20,
2007.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street SW., Nassif Building,
Room PL-401, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Taylor B. Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri, 64106; telephone: (816) 329-4138; facsimile: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Streamlined Issuance of AD
The FAA is implementing a new process for streamlining the issuance
of ADs related to MCAI. The streamlined process will allow us to adopt
MCAI safety requirements in a more efficient manner and will reduce
safety risks to the public. This process continues to follow all FAA AD
issuance processes to meet legal, economic, Administrative Procedure
Act, and Federal Register requirements. We also continue to meet our
technical decision-making responsibilities to identify and correct
unsafe conditions on U.S.-certificated products.
This AD references the MCAI and related service information that we
considered in forming the engineering basis to correct the unsafe
condition. The AD contains text copied from the MCAI and for this
reason might not follow our plain language principles.
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on December 22, 2006
(71 FR 76952). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states that:
* * * incidences have been reported to Britten-Norman Aircraft
Ltd. where cracks have been found in the inner shell of the pitot/
static pressure heads. If not corrected this could result in
incorrect readings on the pressure instrumentation, e.g. altimeters,
vertical speed indicators (rate-of-climb) and airspeed indicators.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Comment Issue No. 1: Reference to Service Bulletin
Jack Buster of the Modification and Replacement Parts Association
(MARPA) comments that the correct reference to the service bulletin is
Britten-Norman Service Bulletin Number SB 310, Issue 2, dated March 1,
2006.
When referencing what is in the MCAI, we reference it as ``B-N
Service Bulletin 310 Issue 2'' because we try to use terminology
straight from the MCAI when we can. We are not able to use this
reference in the actual AD portion because to incorporate by reference
(IBR) this service bulletin, we must reference it exactly how it
appears in the reference document. Therefore, we will reference it in
the AD as follows:
When referencing the MCAI: We will reference it as B-N
Service Bulletin 310 Issue 2.
All other references: We will reference it as Britten-
Norman Service Bulletin Number SB 310, Issue 2, dated March 1, 2006.
Comment Issue No. 2: Incorporation of Service Documents
MARPA comments that it was informed service documents are usually
not incorporated into proposed actions (NPRMs), but only into final
actions. MARPA notes there is no indication in the NPRM the FAA intends
to incorporate by reference the necessary service information. In
addition, there is no indication of which service documents are
mandatory and which are merely sources of additional service
information. Therefore, the reader is unsure of the FAA's intent. MARPA
asks that future proposed actions indicate the FAA's intent by
including the following, or a similar statement: ``We intend to
incorporate by reference the following publications.''
We do not concur with the commenter's request to indicate in an
NPRM our intent to incorporate service information by reference. When
we propose that actions be accomplished in accordance with certain
service information in an NPRM, the public may assume we intend to
Incorporate by Reference (IBR) that service information, as requested
by the Office of the Federal Register. Service information that is
cited in the proposed AD as a source of additional information is not
presented as a requirement, and the public may assume we do not intend
to IBR that service information. No change to this final rule is
necessary in regard to the commenter's request.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the AD.
Costs of Compliance
We estimate that this AD will affect 135 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with this AD. The average labor rate is $80 per work-hour.
Required parts will cost about $10,000 per product. Where the service
information lists required parts costs that are covered under warranty,
we have assumed that there will be no charge for these parts. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here. Based on these figures, we
estimate the cost of
[[Page 12559]]
this AD to the U.S. operators to be $1,371,600, or $10,160 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
dms.dot.gov; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone (800) 647-5227) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2007-06-06 B-N Group Ltd: Amendment 39-14987; Docket No. FAA-2006-
26401; Directorate Identifier 2006-CE-72-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April
20, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to B-N Group Ltd BN-2, BN-2A, BN-2B, BN-2T,
and BN-2T-4R Series (all individual models included in Type
Certificate Data Sheet (TCDS) A17EU, Revision 16, dated December 9,
2002), and BN-2A-Mklll Trislander Series (all individual models
included in TCDS A29EU, Revision 4, dated December 9, 2002)
airplanes, certificated in any category.
Reason
(d) The mandatory continuing airworthiness information (MCAI)
states:
* * * incidences have been reported to Britten-Norman Aircraft
Ltd. where cracks have been found in the inner shell of the pitot/
static pressure heads. If not corrected this could result in
incorrect readings on the pressure instrumentation, e.g. altimeters,
vertical speed indicators (rate-of-climb) and airspeed indicators.
Actions and Compliance
(e) Unless already done, do the following actions in accordance
with Britten-Norman Service Bulletin Number SB 310, Issue 2, dated
March 1, 2006:
(1) Within the next 60 days after the effective date of this AD,
perform the inspection procedure and the leak test procedure as
detailed in Section 6 Action, of Britten-Norman Service Bulletin
Number SB 310, Issue 2, dated March 1, 2006. Repeat this inspection
procedure and the leak test procedure at intervals not to exceed 500
hours time-in-service (TIS).
(2) In addition, within 500 hours after the initial inspection,
perform an initial inspection of the drain traps for moisture.
Repeat this inspection at intervals not to exceed 500 hours TIS.
(3) Before further flight, after any inspection or procedure
required by this AD, correct, modify, or replace, as specified in
the service information.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: This AD references the service bulletin as Britten-
Norman Service Bulletin Number SB 310, Issue 2, dated March 1, 2006;
and the MCAI references the service bulletin as B-N Service Bulletin
310 Issue 2.
Other FAA AD Provisions
(f) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Staff, FAA, ATTN: Taylor B. Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4138; facsimile: (816) 329-
4090, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
(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
(g) Refer to MCAI European Aviation Safety Agency (EASA), AD
No.: 2006-0143, dated May 30, 2006; and Britten-Norman Service
Bulletin SB 310, Issue 2, dated March 1, 2006, for related
information.
Material Incorporated by Reference
You must use Britten-Norman Service Bulletin Number SB 310,
Issue 2, dated March 1, 2006 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
Britten-Norman Aircraft Limited, Bembridge Airport, Isle of Wight,
United Kingdom, PO35 5PR.
(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: https://www.archives.gov/federal_
register/code_of_federal_regulations/ibr_locations.html.
[[Page 12560]]
Issued in Kansas City, Missouri, on March 6, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-4729 Filed 3-15-07; 8:45 am]
BILLING CODE 4910-13-P