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40265

Proposed Rules Federal Register


Vol. 72, No. 141

Tuesday, July 24, 2007

This section of the FEDERAL REGISTER International Branch, ANM–116, Regulatory Flexibility Act, or DOT
contains notices to the public of the proposed Transport Airplane Directorate, FAA, Regulatory Policies and Procedures (44
issuance of rules and regulations. The 1601 Lind Avenue SW., Renton, FR 11034, February 26, 1979).
purpose of these notices is to give interested Washington 98057–3356; telephone
persons an opportunity to participate in the List of Subjects in 14 CFR Part 39
(425) 227–1175; fax (425) 227–1149.
rule making prior to the adoption of the final Air transportation, Aircraft, Aviation
rules. SUPPLEMENTARY INFORMATION:
safety, Safety.
Discussion
The Withdrawal
DEPARTMENT OF TRANSPORTATION We proposed to amend part 39 of the
Federal Aviation Regulations (14 CFR Accordingly, we withdraw the NPRM,
Federal Aviation Administration part 39) with a notice of proposed FAA–2007–27269, directorate identifier
rulemaking (NPRM) for a new AD for 2006–NM–207–AD, which was
14 CFR Part 39 certain EMBRAER Model ERJ 170 published in the Federal Register on
airplanes. That NPRM was published in February 22, 2007 (72 FR 7934).
[Docket No. FAA–2007–27269; Directorate the Federal Register on February 22, Issued in Renton, Washington, on July 15,
Identifier 2006–NM–207–AD]
2007 (72 FR 7934). The NPRM would 2007.
RIN 2120–AA64 have required installing updated Stephen P. Boyd,
software revisions and, as applicable, Acting Manager, Transport Airplane
Airworthiness Directives; Empresa doing concurrent actions. The NPRM Directorate, Aircraft Certification Service.
Brasileira de Aeronautica S.A. resulted from a report of an error in the [FR Doc. E7–14145 Filed 7–23–07; 8:45 am]
(EMBRAER) Model ERJ 170 Airplanes implementation procedure of the BILLING CODE 4910–13–P
Primus Epic digital software platform,
AGENCY: Federal Aviation
which could result in improper
Administration (FAA), Department of
functioning of certain flight systems. A
Transportation (DOT). CONSUMER PRODUCT SAFETY
further report indicated that current
ACTION: Proposed rule; withdrawal. COMMISSION
revisions of the Primus Epic software
might cause blinking of all cockpit flight 16 CFR Chapter II
SUMMARY: The FAA withdraws a notice
displays. The proposed actions were
of proposed rulemaking (NPRM) that
intended to prevent improper Fiscal Year 2007 Program for
proposed a new airworthiness directive
functioning of certain flight systems and Systematic Review of Commission
(AD) for certain EMBRAER Model ERJ
blinking of cockpit flight displays, Regulations; Request for Comments
170 airplanes. The proposed AD would
which could lead to increased pilot and Information
have required installing updated
workload during critical phases of
software revisions and, as applicable, AGENCY: Consumer Product Safety
flight.
doing concurrent actions. Since the Commission.
proposed AD was issued, we have Actions Since NPRM Was Issued ACTION: Notice of systematic review of
received a report that all affected Since we issued the NPRM, current regulations.
airplanes have already been modified as EMBRAER informed us that all Model
described in the proposed AD. SUMMARY: The Consumer Product Safety
ERJ 170 airplanes have been modified in
Accordingly, the proposed AD is accordance with Service Bulletin 170– Commission staff (CPSC or Commission)
withdrawn. 31–0013, Revision 01, dated January 13, announces the fiscal year 2007 program
2006 (specified as the appropriate for systematic review of current CPSC
DATES: As of July 24, 2007 the proposed
source of service information for substantive regulations to ensure, to the
rule published at 72 FR 7934, Feb. 22,
accomplishing the requirements of the maximum practical extent, consistency
2007 is withdrawn.
proposed AD). EMBRAER states that, among them and with respect to
ADDRESSES: You may examine the AD accomplishing program goals. In fiscal
docket on the Internet at http:// consequently, all actions specified in
the NPRM are complete. year 2007, the following two regulations
dms.dot.gov, or in person at the Docket will be evaluated: Ban of Unstable
Management Facility office between 9 FAA’s Conclusions Refuse Bins, 16 CFR part 1301; and
a.m. and 5 p.m., Monday through Requirements for Pacifiers, 16 CFR part
Upon further consideration, we have
Friday, except Federal holidays. The 1511.
determined that the proposed AD is not
Docket Management Facility office The primary purpose of the review is
necessary. Accordingly, the NPRM is
(telephone (800) 647–5227) is located at to assess the degree to which the
withdrawn.
the U.S. Department of Transportation, Withdrawal of the NPRM does not regulations under review remain
Docket Operations, M–30, West preclude the FAA from issuing another consistent with the Commission’s
Building Ground Floor, Room W12–140, related action or commit the FAA to any program policies. In addition, each
1200 New Jersey Avenue SE., course of action in the future. regulation will be examined with
pwalker on PROD1PC71 with PROPOSALS

Washington, DC. This docket number is respect to the extent that it is current
FAA–2007–27269; the directorate Regulatory Impact and relevant to CPSC program goals.
identifier for this docket is 2006–NM– Since this action only withdraws an Attention will also be given to whether
207–AD. NPRM, it is neither a proposed nor a the regulations can be streamlined, if
FOR FURTHER INFORMATION CONTACT: final rule and therefore is not covered possible, to minimize regulatory
Todd Thompson, Aerospace Engineer, under Executive Order 12866, the burdens, especially on small entities. To

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40266 Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Proposed Rules

the degree consistent with other Register on January 28, 2004. 69 FR statement of the way in which the
Commission priorities and subject to the 4095. Based on the success of the pilot change can be accomplished within the
availability of personnel and fiscal program, the Commission announced statutory framework of the CPSA or
resources, specific regulatory or other the continuation of the program for FHSA, as applicable.
projects may be undertaken in response subsequent fiscal years. Comments and other submissions
to the results of the review. should be captioned ‘‘Fiscal Year 2007
The Commission staff solicits written B. The Regulations Undergoing Review Regulatory Review Project’’ and e-
comments from interested persons A summary of each of the regulations mailed to cpsc-os@cpsc.gov or faxed to
concerning the designated regulations’ being reviewed in fiscal year 2007 is (301) 504–0127. Comments or other
currentness and consistency with provided below. The full text of the submissions may also be mailed or
Commission policies and goals, and regulations may be accessed at: http:// delivered to the Office of the Secretary,
suggestions for streamlining where www.access.gpo.gov/nara/cfr/ Consumer Product Safety Commission,
appropriate. In so doing, commenters waisidx_03/16cfrv2_03.html. Room 502, 4330 East-West Highway,
are requested to specifically address 1. Ban of Unstable Refuse Bins Bethesda, Maryland 20814. All
how their suggestions for change could comments and other submissions must
be accomplished within the statutory The Ban of Unstable Refuse Bins, 16 be received by September 24, 2007.
frameworks for Commission action CFR part 1301, bans certain metal refuse
Dated: July 18, 2007.
under the Consumer Product Safety Act bins having an internal volume of one
cubic yard or greater to address the Todd A. Stevenson,
(CPSA), 15 U.S.C. 2051–2084, and the
hazard of crushing due to tipover. The Secretary, Consumer Product Safety
Federal Hazardous Substances Act Commission.
(FHSA), 15 U.S.C. 1261–1278. rule, which was established under the
Consumer Product Safety Act and [FR Doc. E7–14248 Filed 7–23–07; 8:45 am]
DATES: Comments and submissions in
response to this notice must be received became effective on June 13, 1978, BILLING CODE 6355–01–P

by September 24, 2007. provides test methods to determine the


stability of refuse bins.
ADDRESSES: Comments and other
DEPARTMENT OF THE INTERIOR
submissions should be captioned 2. Requirements for Pacifiers
‘‘Fiscal Year 2007 Regulatory Review The Requirements for Pacifiers, 16 Office of Surface Mining Reclamation
Project’’ and be submitted by e-mail to CFR part 1511, provides requirements and Enforcement
cpsc-os@cpsc.gov or by facsimile to whereby pacifiers are not banned under
(301) 504–0127. Comments may also be 16 CFR 1500.18(a)(8). The rule provides 30 CFR Part 924
submitted by mail or delivered to the performance requirements for guards or
Office of the Secretary, Consumer [MS–021–FOR]
shields; protrusion limitations;
Product Safety Commission, Room 502, structural integrity tests; a prohibition Mississippi Abandoned Mine Land
4330 East-West Highway, Bethesda, for attachments such as ribbons, strings, Reclamation Plan
Maryland 20814. or cords; and labeling requirements. The
FOR FURTHER INFORMATION CONTACT: rule, which was established under the AGENCY: Office of Surface Mining
Linda Edwards, Office of Hazard Federal Hazardous Substances Act and Reclamation and Enforcement, Interior.
Identification and Reduction, U.S. became effective on February 26, 1978, ACTION: Proposed rule; public comment
Consumer Product Safety Commission, addresses mechanical hazards period and opportunity for public
4330 East-West Highway, Bethesda, associated with pacifiers such as hearing.
Maryland 20814; telephone (301) 504– choking and suffocation.
7535; e-mail eedwards@cpsc.gov. SUMMARY: We, the Office of Surface
SUPPLEMENTARY INFORMATION:
C. Solicitation of Comments and Mining Reclamation and Enforcement
Information (OSM), are announcing receipt of a
A. The Review Program proposed Mississippi abandoned mine
The Commission staff invites
The President’s Office of Management interested persons to submit comments land reclamation plan (Mississippi plan)
and Budget has designed the Program on each of the regulations being under the Surface Mining Control and
Assessment Rating Tool (PART) to reviewed in the fiscal year 2007 Reclamation Act of 1977 (SMCRA or the
provide a consistent approach to rating program. In particular, commenters are Act). The purpose of the Mississippi
programs across the Federal asked to address: plan is to establish policies and
government. A description of the PART 1. Whether the regulation is procedures to be followed in conducting
process and associated program consistent with CPSC program goals. reclamation of abandoned coal mine
evaluation materials is available online 2. Whether the regulation is lands in Mississippi. Mississippi will
at: http://www.whitehouse.gov/omb/ consistent with other CPSC regulations. use Federal monies to carry out the
budintegration/ 3. Whether the regulation is current reclamation activities. We are seeking
part_assessing2004.html. with respect to technology, economic, or public comments on the adequacy of the
Based on an evaluation of the market conditions, and other mandatory proposed Mississippi plan. This
Commission’s regulatory programs or voluntary standards. document gives the times and locations
using the PART, the recommendation 4. Whether the regulation can be that the proposed plan is available for
was made that CPSC develop a plan to streamlined to minimize regulatory your inspection, the comment period
systematically review its current burdens, particularly any such burdens during which you may submit written
regulations to ensure consistency among on small entities. comments on the plan, and the
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them in accomplishing program goals. For each regulation being reviewed, procedures that will be followed for the
In FY 2004, the Commission conducted please provide any specific public hearing, if one is requested.
a pilot review program as the initial step recommendations for change(s), if DATES: We will accept written
in implementing that recommendation. viewed as necessary, a justification for comments on this proposed plan until
The notice announcing the pilot the recommended change(s), and, with August 23, 2007. If requested, we will
program appeared in the Federal respect to each suggested change, a hold a public hearing on the plan on

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