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3756 Federal Register / Vol. 72, No.

17 / Friday, January 26, 2007 / Proposed Rules

definition the same; (2) including leased provide everyone with a better 2. Amend § 126.103 by revising the
and temporary employees as HUBZone understanding of the totality of definition of the term ‘‘employee’’ to
employees, but keeping the use of full- circumstances. read as follows:
time equivalents; or (3) not including In sum, the proposed definition of
leased and temporary employees as employee chosen by SBA for its § 126.103 What definitions are important in
the HUBZone program?
HUBZone employees, and not using HUBZone program is similar to SBA’s
full-time equivalents. (For a detailed size regulations and this should be less * * * * *
discussion on the alternatives confusing and less of a burden on small Employee means all individuals
considered, see the discussion above in businesses. However, we note that while employed on a full-time, part-time, or
the Regulatory Impact Analysis.) the SBA is seeking comments on all other basis, so long as that individual
The purpose of the current definition aspects of this proposed rule, the works a minimum of 40 hours per
of employee is to focus on those jobs Agency would specifically like month. This includes employees
that best fulfill the statutory purpose of comments addressing whether 40 hours obtained from a temporary employee
the HUBZone Act. That is why SBA per month is a suitable minimum work agency, professional employee
proposes to allow a concern to count requirement. organization, leasing concern, or
part-time employees, but only if the through a union agreement. SBA will
part-time employees work a minimum 8. Cost Analysis consider the totality of the
of 40 hours per week. SBA believes that The proposed rule may impact those circumstances, including criteria used
counting part-time, leased and qualified HUBZone SBCs that hire by the IRS for Federal income tax
temporary and full-time equivalents as temporary and leased employees and do purposes and those set forth in SBA’s
employees of the HUBZone SBC will not count them toward their 35% Size Policy Statement No. 1, in
still fulfill the statutory purpose and HUBZone residency requirement or determining whether individuals are
intent of the HUBZone Act by providing principal office requirement. These employees of a concern. Volunteers (i.e.,
more job opportunities for HUBZone HUBZone SBC may or may not still be individuals who receive no
residents, albeit temporary ones. eligible for the program, once the rule compensation, including no in-kind
For example, if a concern has 15 becomes final. If these HUBZone SBCs compensation, for work performed) are
employees and 5 are temporary or are no longer qualified for the program, not considered employees. However, if
leased employees, then, under the they will lose future HUBZone contract an individual has an ownership interest
current rule, 35% of 10 of the concern’s opportunities. However, the proposed in and works for the HUBZone SBC a
employees must be HUBZone residents. rule will allow other SBCs to become minimum of 40 hours per month, that
Under the proposed rule, 35% of all 15 eligible for the program. These owner is considered an employee
of the concern’s employees must be HUBZone SBCs will have the regardless of whether or not the
HUBZone residents. Thus, this opportunity to compete for future individual receives compensation.
proposed definition would impose a HUBZone contracts. * * * * *
more stringent standard on the concern, The proposed rule will not impact
which SBA believes will increase Dated: September 21, 2006.
substantially SBA’s costs. SBA does not
employment opportunities in Steven C. Preston,
know the economic impact or costs of
HUBZones. the proposed rule on other Federal Administrator.
Finally, SBA believes that this agencies. Federal agencies issuing Editorial Note: This document was
definition of employee is similar to the HUBZone contracts will have to train received at the Office of the Federal Register
definition set forth in its size and educate their employees on the on January 23, 2007.
regulations, 13 CFR part 121. The size proposed rule, if adopted. This cost [FR Doc. E7–1284 Filed 1–25–07; 8:45 am]
regulations define employee as all should be minimal. The increase in the BILLING CODE 8025–01–P
individuals employed on a full-time, number of HUBZone SBCs in the
part-time, or other basis. 13 CFR program will increase competition and
121.106(a). SBA will consider the this may result in lower prices/awards,
totality of the circumstances, including DEPARTMENT OF TRANSPORTATION
thereby reducing Federal procurement
factors relevant for tax purposes, in costs.
determining whether individuals are Federal Aviation Administration
employees of the concern in question. 9. Conclusion
This totality of the circumstances 14 CFR Part 39
Based upon the foregoing, SBA has
language stems from SBA Size Policy determined that this proposed rule has [Docket No. FAA–2007–27016; Directorate
Statement No. 1, published in the a significant economic impact on a Identifier 2006–NM–176–AD]
Federal Register on February 20, 1986, substantial number of small entities RIN 2120–AA64
51 FR 6099. Basically, Size Policy within the meaning of the RFA.
Statement No. 1 states that SBA will Airworthiness Directives; Bombardier
consider temporary or leased employees List of Subjects in 13 CFR Part 126
Model DHC–8–400 Series Airplanes
to be employees of a SBC on an ‘‘other Government procurement, Small
basis’’ if the SBC is deriving the usual businesses. AGENCY: Federal Aviation
benefits incident to employment of such For the reasons set forth above, SBA Administration (FAA), Department of
individuals and the totality of the proposes to amend 13 CFR part 126, as Transportation (DOT).
circumstances requires so. 51 FR 6099– follows: ACTION: Notice of proposed rulemaking
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6101. (NPRM).
SBA decided to refer to this Size PART 126—HUBZONE PROGRAM
Policy Statement, rather than include all SUMMARY: The FAA proposes to
of the criteria and factors, in the 1. The authority citation for 13 CFR supersede an existing airworthiness
regulation. SBA believes that referring part 126 continues to read as follows: directive (AD) that applies to certain
SBCs and the general public to the Authority: 15 U.S.C. 632(a), 632(j), 632(p) Bombardier Model DHC–8–400 series
policy document on the issue would and 657a. airplanes. The existing AD currently

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Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Proposed Rules 3757

requires inspecting the electrical Comments Invited connected. We issued that AD to detect
connectors of the fire bottles for the We invite you to submit any relevant and correct cross-connection of the fire
forward and aft baggage compartments written data, views, or arguments bottles, which could result in failure of
and for the auxiliary power unit (APU) regarding this proposed AD. Send your the fire bottles to discharge and
and engine nacelles to determine if they comments to an address listed in the consequent inability to extinguish a fire
are connected correctly; and doing in the affected areas.
ADDRESSES section. Include the docket
related investigative and corrective number ‘‘Docket No. FAA–2007–27016; Actions Since Existing AD Was Issued
actions, if necessary. This proposed AD Directorate Identifier 2006–NM–176–
would add a requirement to install/ Since we issued AD 2005–12–17, it
AD’’ at the beginning of your comments. was determined that the lengths of the
modify lanyards, mounts, and clamps to We specifically invite comments on the
the forward and aft baggage lanyards may not be sufficiently
overall regulatory, economic, different to prevent cross-connection of
compartment, APU, and engine nacelle environmental, and energy aspects of
fire extinguishing systems. This cartridges if the tie wraps or associated
the proposed AD. We will consider all clipping are not located as intended.
proposed AD would also require comments received by the closing date
installation and removal procedures for and may amend the proposed AD in Relevant Service Information
certain fire bottles and fire extinguisher light of those comments. Bombardier has issued Alert Service
cartridges. This proposed AD also adds We will post all comments we Bulletin A84–26–06, Revision ‘A,’ dated
two airplanes to the applicability. This receive, without change, to http:// June 6, 2005 (Bombardier Alert Service
proposed AD results from reports of the dms.dot.gov, including any personal Bulletin A84–26–06, dated May 12,
electrical connectors for the fire bottles information you provide. We will also 2005, was referenced as the appropriate
in the forward and aft baggage post a report summarizing each source of service information for doing
compartments, APU, and engine nacelle substantive verbal contact with FAA the actions specified in AD 2005–12–
being cross-connected. We are personnel concerning this proposed AD. 17). Revision ‘A’ contains essentially the
proposing this AD to detect and correct Using the search function of that Web same procedures as the original issue.
cross-connection of the fire bottles and site, anyone can find and read the Revision ’A’ clarifies an operational
to prevent cross-connection, which comments in any of our dockets, check and other minor editorial
could result in failure of the fire bottles including the name of the individual changes.
to discharge and consequent inability to who sent the comment (or signed the Bombardier has also issued Service
extinguish a fire in the affected areas. comment on behalf of an association, Bulletin 84–26–07, Revision ‘B,’ dated
DATES: We must receive comments on business, labor union, etc.). You may November 1, 2006. The service bulletin
this proposed AD by February 26, 2007. review the DOT’s complete Privacy Act describes procedures to install/modify
Statement in the Federal Register lanyards, mounts, and clamps to the
ADDRESSES: Use one of the following forward and aft baggage compartment,
published on April 11, 2000 (65 FR
addresses to submit comments on this APU, and engine nacelle fire
19477–78), or you may visit http://
proposed AD. extinguishing systems. The service
dms.dot.gov.
• DOT Docket Web site: Go to bulletin includes two additional
http://dms.dot.gov and follow the Examining the Docket airplanes in its effectivity that are not in
instructions for sending your comments You may examine the AD docket on Bombardier Alert Service Bulletin A84–
electronically. the Internet at http://dms.dot.gov, or in 26–06.
• Government-wide rulemaking web person at the Docket Management Accomplishing the actions specified
site: Go to http://www.regulations.gov Facility office between 9 a.m. and 5 in the service information is intended to
and follow the instructions for sending p.m., Monday through Friday, except adequately address the unsafe
your comments electronically. Federal holidays. The Docket condition. Transport Canada Civil
• Mail: Docket Management Facility; Management Facility office (telephone Aviation (TCCA), which is the
U.S. Department of Transportation, 400 (800) 647–5227) is located on the plaza airworthiness authority for Canada,
Seventh Street, SW., Nassif Building, level of the Nassif Building at the DOT mandated the service information and
Room PL–401, Washington, DC 20590. street address stated in the ADDRESSES issued Canadian airworthiness directive
section. Comments will be available in CF–2005–14R1, dated May 8, 2006, to
• Fax: (202) 493–2251. ensure the continued airworthiness of
the AD docket shortly after the Docket
• Hand Delivery: Room PL–401 on Management System receives them. these airplanes in Canada.
the plaza level of the Nassif Building, Bombardier has also issued the
400 Seventh Street, SW., Washington, Discussion temporary revisions (TRs) specified in
DC, between 9 a.m. and 5 p.m., Monday On June 7, 2005, we issued AD 2005– the table below to the Bombardier Dash
through Friday, except Federal holidays. 12–17, amendment 39–14133 (70 FR 8 Series 400 Aircraft Maintenance
Contact Bombardier, Inc., Bombardier 35172, June 17, 2005), for certain Manual (AMM), Program Support
Regional Aircraft Division, 123 Garratt Bombardier Model DHC–8–400 series Manual (PSM) 1–84–2. The TRs specify
Boulevard, Downsview, Ontario M3K airplanes. That AD requires inspecting installation and removal procedures for
1Y5, Canada, for service information the electrical connectors of the fire certain fire bottles and fire extinguisher
identified in this proposed AD. bottles for the forward and aft baggage cartridges.
compartments and for the auxiliary
FOR FURTHER INFORMATION CONTACT: Ezra power unit (APU) and engine nacelles to TABLE—BOMBARDIER TRS
Sasson, Aerospace Engineer, Systems
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determine if they are connected


and Flight Test Branch, ANE–172, FAA, correctly; and doing related TR Date PSM chapter
New York Aircraft Certification Office, investigative and corrective actions, if
1600 Stewart Avenue, suite 410, 26–017 ........ May 10, 2005 26–21–01.
necessary. That AD resulted from 26–018 ........ May 10, 2005 26–21–01.
Westbury, New York 11590; telephone reports of the electrical connectors for
(516) 228–7320; fax (516) 794–5531. 26–019 ........ May 10, 2005 26–22–02.
the fire bottles in the forward and aft 26–020 ........ May 10, 2005 26–22–03.
SUPPLEMENTARY INFORMATION: baggage compartments being cross- 26–021 ........ May 10, 2005 26–22–11.

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3758 Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Proposed Rules

TABLE—BOMBARDIER TRS— FAA’s Determination and Requirements This proposed AD would supersede
Continued of the Proposed AD AD 2005–12–17 and would retain the
requirements of the existing AD. This
TR Date PSM chapter This airplane model is manufactured proposed AD would also require
in Canada and is type certificated for installing/modifying lanyards, mounts,
26–022 ........ May 10, 2005 26–22–11. operation in the United States under the and clamps to the forward and aft
26–023 ........ May 11, 2005 26–23–01. provisions of section 21.29 of the
26–024 ........ May 11, 2005 26–22–16. baggage compartment, APU, and engine
Federal Aviation Regulations (14 CFR nacelle fire extinguishing systems. This
26–025 ........ May 11, 2005 26–22–16.
26–026 ........ May 11, 2005 26–21–06. 21.29) and the applicable bilateral proposed AD would also require
26–027 ........ May 11, 2005 26–21–06. airworthiness agreement. Pursuant to installation and removal procedures for
this bilateral airworthiness agreement, certain fire bottles and fire extinguisher
The TRs have been incorporated into TCCA has kept the FAA informed of the cartridges. This proposed AD would
Bombardier Dash 8 Series 400 AMM, situation described above. We have also add two airplanes to the
PSM 1–84–2, Revision 21, dated examined TCCA’s findings, evaluated applicability.
December 5, 2005. Bombardier has also all pertinent information, and
issued Revision 22 of the Dash 8 Series determined that AD action is necessary Costs of Compliance
400 AMM, PSM 1–84–2, dated June 5, for airplanes of this type design that are
2006. Revision 22 contains the same The following table provides the
certificated for operation in the United
procedures as those specified in the TRs estimated costs for U.S. operators to
States.
and incorporated into Revision 21. comply with this proposed AD.

ESTIMATED COSTS
Number of
Average Cost per air- U.S.-reg-
Action Work hours labor rate Parts Fleet cost
plane istered
per hour airplanes

Inspection (required by AD 2005– 2 $80 $0 ...................................... $160 19 $3,040.


12–17).
Modification (new proposed ac- 4 80 Up to $200 ........................ 520 21 Up to $10,920.
tion).

Authority for This Rulemaking responsibilities among the various Authority: 49 U.S.C. 106(g), 40113, 44701.
levels of government.
Title 49 of the United States Code § 39.13 [Amended]
For the reasons discussed above, I
specifies the FAA’s authority to issue certify that the proposed regulation: 2. The Federal Aviation
rules on aviation safety. Subtitle I, 1. Is not a ‘‘significant regulatory Administration (FAA) amends § 39.13
Section 106, describes the authority of action’’ under Executive Order 12866; by removing amendment 39–14133 (70
the FAA Administrator. Subtitle VII, 2. Is not a ‘‘significant rule’’ under the FR 35172, June 17, 2005) and adding the
Aviation Programs, describes in more DOT Regulatory Policies and Procedures following new airworthiness directive
detail the scope of the Agency’s (44 FR 11034, February 26, 1979); and (AD):
authority. 3. Will not have a significant Bombardier, Inc. (Formerly de Havilland,
We are issuing this rulemaking under economic impact, positive or negative, Inc.): Docket No. FAA–2007–27016;
the authority described in Subtitle VII, on a substantial number of small entities Directorate Identifier 2006–NM–176–AD.
Part A, Subpart III, Section 44701, under the criteria of the Regulatory
Comments Due Date
‘‘General requirements.’’ Under that Flexibility Act.
section, Congress charges the FAA with We prepared a regulatory evaluation (a) The FAA must receive comments on
promoting safe flight of civil aircraft in this AD action by February 26, 2007.
of the estimated costs to comply with
air commerce by prescribing regulations this proposed AD and placed it in the Affected ADs
for practices, methods, and procedures AD docket. See the ADDRESSES section (b) This AD supersedes AD 2005–12–17.
the Administrator finds necessary for for a location to examine the regulatory
safety in air commerce. This regulation evaluation. Applicability
is within the scope of that authority (c) This AD applies to Bombardier Model
because it addresses an unsafe condition List of Subjects in 14 CFR Part 39 DHC–8–400 series airplanes, certificated in
that is likely to exist or develop on Air transportation, Aircraft, Aviation any category; serial numbers (S/Ns) 4001
products identified in this rulemaking safety, Safety. through 4107 inclusive.
action. Unsafe Condition
The Proposed Amendment
Regulatory Findings (d) This AD results from reports of the
Accordingly, under the authority electrical connectors for the fire bottles in the
We have determined that this delegated to me by the Administrator, forward and aft baggage compartments,
the FAA proposes to amend 14 CFR part auxiliary power unit (APU), and engine
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proposed AD would not have federalism


implications under Executive Order 39 as follows: nacelle being cross-connected. We are issuing
this AD to detect and correct cross-
13132. This proposed AD would not PART 39—AIRWORTHINESS connection of the fire bottles and to prevent
have a substantial direct effect on the DIRECTIVES cross-connection, which could result in
States, on the relationship between the failure of the fire bottles to discharge and
national Government and the States, or 1. The authority citation for part 39 consequent inability to extinguish a fire in
on the distribution of power and continues to read as follows: the affected areas.

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Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Proposed Rules 3759

Compliance for compliance with the corresponding action • DOT Docket Web site: Go to
(e) You are responsible for having the specified in paragraph (g) of this AD, http://dms.dot.gov and follow the
actions required by this AD performed within provided the intended restriction of the instructions for sending your comments
the compliance times specified, unless the connectors was done as specified in
Bombardier Service Bulletin 84–26–07,
electronically.
actions have already been done.
Revision ‘B,’ dated November 1, 2006. • Fax: (202) 493–2251.
Restatement of Requirements of AD 2005– • Mail: Docket Management Facility,
12–17 Alternative Methods of Compliance (AMOCs)
(j)(1) The Manager, New York ACO, FAA,
U.S. Department of Transportation, 400
Inspection and Corrective Action has the authority to approve AMOCs for this Seventh Street, SW., Nassif Building,
(f) For airplanes having S/Ns 4001 through AD, if requested in accordance with the Room PL–401, Washington, DC 20590–
4105 inclusive: Within 14 days after July 5, procedures found in 14 CFR 39.19. 0001.
2005 (the effective date of AD 2005–12–17), (2) Before using any AMOC approved in • Hand Delivery: Room PL–401 on
inspect the electrical connectors of the fire accordance with § 39.19 on any airplane to
the plaza level of the Nassif Building,
bottles for the forward and aft baggage which the AMOC applies, notify the
compartments and for the APU and engine appropriate principal inspector in the FAA 400 Seventh Street, SW., Washington,
nacelles to determine if they are connected Flight Standards Certificate Holding District DC, between 9 a.m. and 5 p.m., Monday
correctly; and, before further flight, do the Office. through Friday, except Federal holidays.
related investigative and corrective actions,
Related Information • Federal eRulemaking Portal: http://
as applicable; by doing all of the applicable www.regulations.gov. Follow the
actions specified in the Accomplishment (k) Canadian airworthiness directive CF–
2005–14R1, dated May 8, 2006, also instructions for submitting comments.
Instructions of Bombardier Alert Service
Bulletin A84–26–06, dated May 12, 2005; or addresses the subject of this AD. Examining the AD Docket
Revision ‘A,’ dated June 6, 2005. Although Issued in Renton, Washington, on January
the service bulletins specify to submit certain 17, 2007. You may examine the AD docket on
information to the manufacturer, this AD Ali Bahrami, the Internet at http://dms.dot.gov; or in
does not include that requirement. person at the Docket Management
Manager, Transport Airplane Directorate,
New Requirements of This AD Aircraft Certification Service. Facility between 9 a.m. and 5 p.m.,
[FR Doc. E7–1201 Filed 1–25–07; 8:45 am]
Monday through Friday, except Federal
Installation/Modification holidays. The AD docket contains this
BILLING CODE 4910–13–P
(g) For all airplanes: Within 5,000 flight proposed AD, the regulatory evaluation,
hours after the effective date of this AD, any comments received, and other
install/modify lanyards, mounts, and clamps information. The street address for the
to the forward and aft baggage compartment, DEPARTMENT OF TRANSPORTATION
Docket Office (telephone (800) 647–
APU, and engine nacelle fire extinguishing
systems by doing all the actions specified in Federal Aviation Administration 5227) is in the ADDRESSES section.
the Accomplishment Instructions of Comments will be available in the AD
Bombardier Service Bulletin 84–26–07, 14 CFR Part 39 docket shortly after receipt.
Revision ‘B,’ dated November 1, 2006. FOR FURTHER INFORMATION CONTACT: Tim
[Docket No. FAA–2007–27014; Directorate
Installation and Removal of Bottles and Identifier 2006–NM–253–AD] Backman, Aerospace Engineer,
Cartridges International Branch, ANM–116, FAA,
RIN 2120–AA64
(h) For airplanes having S/Ns 4001 through Transport Airplane Directorate, 1601
4105 inclusive: As of the effective date of this Airworthiness Directives; Airbus Model Lind Avenue, SW., Renton, Washington
AD, whenever any of the actions specified in A330 Airplanes and Model A340–200 98057–3356; telephone (425) 227–2797;
paragraphs (h)(1), (h)(2), (h)(3), (h)(4), (h)(5), and –300 Series Airplanes fax (425) 227–1149.
(h)(6), and (h)(7) of this AD are done, those
actions must be done in accordance with a AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION:
method approved by either the Manager, Administration (FAA), Department of Streamlined Issuance of AD
New York Aircraft Certification Office (ACO), Transportation (DOT).
FAA; or Transport Canada Civil Aviation (or The FAA is implementing a new
ACTION: Notice of proposed rulemaking
its delegated agent). Bombardier Dash 8 process for streamlining the issuance of
Series 400 Aircraft Maintenance Manual, (NPRM).
ADs related to MCAI. This streamlined
Product Support Manual (PSM) 1–84–2,
SUMMARY: We propose to adopt a new process will allow us to adopt MCAI
Revision 22, dated June 5, 2006, is one
approved method. airworthiness directive (AD) for the safety requirements in a more efficient
(1) Installation and removal of nacelle fire products listed above. This proposed manner and will reduce safety risks to
bottles. AD results from mandatory continuing the public. This process continues to
(2) Installation of aft high-rate fire bottles. airworthiness information (MCAI) follow all FAA AD issuance processes to
(3) Installation of forward high-rate fire issued by an aviation authority of meet legal, economic, Administrative
bottles. another country to identify and correct Procedure Act, and Federal Register
(4) Installation and removal of low-rate fire an unsafe condition on an aviation requirements. We also continue to meet
bottles. product. The MCAI describes the unsafe our technical decision-making
(5) Installation of APU fire bottles.
(6) Installation and removal of low-rate fire
condition as un-damped extension of responsibilities to identify and correct
extinguisher cartridges. the main landing gear (MLG), unsafe conditions on U.S.-certificated
(7) Installation and removal of nacelle fire potentially leading to loss of side stay products.
extinguisher cartridges. integrity and then MLG collapse. The This proposed AD references the
proposed AD would require actions that
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Actions Accomplished According to Previous MCAI and related service information


Issue of Service Bulletin
are intended to address the unsafe that we considered in forming the
condition described in the MCAI. engineering basis to correct the unsafe
(i) Actions accomplished before the
DATES: We must receive comments on condition. The proposed AD contains
effective date of this AD in accordance with
Bombardier Service Bulletin 84–26–07, dated this proposed AD by February 26, 2007. text copied from the MCAI and for this
June 15, 2005; and Revision ‘A,’ dated ADDRESSES: You may send comments by reason might not follow our plain
February 21, 2006; are considered acceptable any of the following methods: language principles.

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