Unknown. Final rule; correction

5,799 words·~26 min read·/register/2006/06/01/06-5009·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2006-06-01.xml --- 71 105 Thursday, June 1, 2006 Contents Agricultural Agricultural Research Service NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Wildlife Pharmaceuticals Inc., 31142 E6-8215 Agriculture Agriculture Department See Agricultural Research Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Grain Inspection, Packers and Stockyards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 31142 E6-8454 Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Swine and swine products from European Union Correction, 31069-31070 E6-8465 PROPOSED RULES National Veterinary Accreditation Program, 31109-31121 E6-8493 Antitrust Antitrust Modernization Commission NOTICES Meetings, 31152-31153 E6-8445 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 31191-31192 E6-8453 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 31192 E6-8443 E6-8444 Immunization Practices Advisory Committee, 31193 E6-8590 National Institute for Occupational Safety and Health— Radiation and Worker Health Advisory Board, 31193 E6-8586 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

East Rockaway Inlet to Atlantic Beach Bridge, Nassau County, Long Island, NY, 31085-31088 06-5032 Severn River and College Creek, Annapolis, MD Correction, 31088 E6-8428 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration RULES Freedom of Information Act; implementation, 31073 E6-8479 Commission of Fine Commission of Fine Arts NOTICES Meetings, 31165 06-5001 Copyright Copyright Office, Library of Congress RULES Copyright office and procedures:

Special services and Licensing Division services; fees adjustment, 31089-31092 06-5046 Customs Customs and Border Protection Bureau PROPOSED RULES Merchandise, special classes: Cement products from Mexico requiring Commerce Department import license, 31125-31128 E6-8500 NOTICES Antidumping and countervailing duties: Continued dumping and subsidy offset; distribution to affected domestic producers, 31336-31895 06-4937 Defense Defense Department See Engineers Corps See Navy Department RULES Military recruiting and Reserve Officer Training Corps program access to institutions of higher education, 31082-31085 06-5008 NOTICES Arms sales notification; transmittal letter, etc., 31166-31169 06-5007 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Postsecondary education— Underground Railroad Educational and Cultural Program, 31170-31174 E6-8266 Meetings: Safe and Drug-Free Schools and Communities Advisory Committee, 31174 06-4994 Employment Employment and Training Administration NOTICES Workforce Investment Act; implementation: Lower living standard income level determination, 31215-31221 06-5000 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 31222 E6-8456 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 31174-31176 E6-8496 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.:

Ohio River Mainstem System Study; correction, 31266 C6-4884 EPA Environmental Protection Agency RULES Air pollution; standards of performance for new stationary sources: Opacity continuous emission monitoring system equipment; correction, 31100-31102 E6-8397 Air programs: Ambient air quality standards, national— General conformity; PM2.5 de minimis emission levels; withdrawn, 31092-31093 E6-8400 Air quality implementation plans; approval and promulgation; various States: Michigan, 31093-31097 06-4985 Ohio, 31097-31100 06-5013 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Zoxamide, 31102-31104 E6-8395 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Ohio, 31129-31131 E6-8467 06-5014 NOTICES Agency information collection activities; proposals, submissions, and approvals, 31176-31181 E6-8466 E6-8468 E6-8473 Air programs: State implementation plans; adequacy status for transportation conformity purposes— Montana, 31181-31182 E6-8464 Meetings: National Drinking Water Advisory Council, 31182 E6-8396 Superfund; response and remedial actions, proposed settlements, etc.:

Many Diversified Interests, Inc. Site, TX, 31182-31183 E6-8481 Shenandoah Road Groundwater Contamination Site, NY, 31183 E6-8401 Toxic and hazardous substances control: Asbestos-containing materials in schools; State waiver requests— Kentucky, 31183-31186 E6-8399 Water pollution control: Marine sanitation device standard; petitions— Massachusetts, 31186-31188 E6-8469 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Eurocopter France, 31070-31073 06-5009 NOTICES Exemption petitions; summary and disposition, 31256 E6-8422 Meetings: Aviation Rulemaking Advisory Committee, 31256 E6-8427 National Parks Overflights Advisory Group Aviation Rulemaking Committee, 31257 E6-8410 FCC Federal Communications Commission PROPOSED RULES Common carrier services: Individuals with hearing and speech disabilities— Telecommunications relay services and speech-to-speech services; misuse of internet protocol and video relay services, 31131-31137 E6-8489 NOTICES Agency information collection activities; proposals, submissions, and approvals, 31188-31189 E6-8487 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 31189 06-5074 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Public Utility Holding Company Act of 2005; implementation: Financial accounting, reporting, and records retention requirements; technical conference, 31125 06-4999 Federal Highway Federal Highway Administration NOTICES Highway planning and construction; licenses, permits, approvals, etc.: Waukesha County, WI, 31257-31258 E6-8483 Federal Housing Federal Housing Enterprise Oversight Office PROPOSED RULES Safety and soundness:

Record retention requirements, 31121-31124 E6-8491 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 31189-31190 E6-8504 Ocean transportation intermediary licenses: G.W. Trans-World Co. et al., 31190 E6-8502 Global Tassili Transport Services, Inc., et al., 31190 E6-8501 Sobe Export Services et al., 31190 E6-8503 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 31190 E6-8507 Formations, acquisitions, and mergers, 31190-31191 E6-8506 Meetings;

Sunshine Act, 31191 06-5038 FTC Federal Trade Commission PROPOSED RULES Trade regulation rules: Business opportunity rule; fraud and unfair or deceptive practices prevention, 31124-31125 E6-8546 Fine Arts Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Willowy monardella, 31137-31141 E6-8459 NOTICES Endangered and threatened species: Incidental take permits— Brevard County, FL;

Florida scrub-jay, 31199-31200 E6-8452 Endangered and threatened species and marine mammal permit applications, determinations, etc., E6-8462 E6-8475 31196-31199 E6-8478 Endangered and threatened species permit applications, 31196-31197 E6-8353 Environmental statements; availability, etc.: Incidental take permits— Bastrop County, TX; Houston toad, 31200-31201 E6-8451 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Melengestrol, ractopamine, monensin, and tylosin, 31073-31074 E6-8420 NOTICES Reports and guidance documents; availability, etc.:

Current Good Manufacturing Practices Initiative guidance reviews— Chemistry, manufacturing, and controls information; seven guidances withdrawn or revised, 31194-31195 E6-8417 Food Food Safety and Inspection Service NOTICES Codex Alimentarius Commission: International sanitary and phytosanitary standard-setting activities, 31142-31152 06-5012 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions: Various States, 31152 E6-8485 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.:

Family Planning Clinical Training Project, 31898-31906 E6-8458 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office Indian Indian Health Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 31195-31196 06-5021 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes:

Computer software, 31074-31077 06-4828 Income attributable to domestic production activities, 31268-31333 06-4829 PROPOSED RULES Income taxes: Computer software;cross-reference; public hearing, 31128-31129 06-4827 NOTICES Grants and cooperative agreements; availability, etc.: Tax Counseling for Elderly Program; application packages, 31260 E6-8436 Meetings: Taxpayer Advocacy Panels, 31260-31261 E6-8429 E6-8431 E6-8432 International International Trade Administration NOTICES Antidumping:

Artist canvas from— China, 31154-31156 E6-8514 Forged stainless steel flanges from— India, 31156-31157 E6-8513 Hot-rolled flat-rolled carbon-quality steel products from— Japan, 31157-31159 E6-8511 Lined paper products from— China, 31159-31164 E6-8517 Antidumping and countervailing duties: Five-year (sunset) reviews— Advance notification, 31154 E6-8512 Initiation of reviews, 31153-31154 E6-8510 Meetings: President's Export Council, 31164 06-4995 International International Trade Commission NOTICES Import investigations:

Oil country tubular goods from— Various countries, 31207-31209 E6-8305 Seamless carbon and alloy steel standard, line, and pressure pipe from— Various countries, 31209-31212 E6-8308 Justice Justice Department NOTICES Pollution control; consent judgments: American Cyanamid et al., 06-5016 31212-31213 06-5017 Cardinal Fencing, Inc., et al., 31213 06-5019 Newly Weds Foods, Inc., 31213 06-5015 Portland Terminal Railroad Co., 31213-31214 06-5018 W.R. Grace & Co. et al., 31214 06-5020 Labor Labor Department See Employment and Training Administration See Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 31214-31215 E6-8457 Land Land Management Bureau NOTICES Oil and gas leases:

California, 31201 E6-8423 E6-8425 Oklahoma, 31201-31202 E6-8440 Texas, 31202 E6-8430 Wyoming, 31202 E6-8424 Reports and guidance documents; availability, etc.: Challis Field Office-managed public lands, ID; travel map depicting existing roads, vehicle ways, and trails, 31202-31203 E6-8407 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Environmental statements; notice of intent: Torp Terminal LP, Bienville Offshore Energy Terminal Liquefied Natural Gas Deepwater Port, AL; license application, 31258-31260 E6-8497 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.:

Gulf of Mexico OCS— Oil and gas operations, 31203-31204 E6-8505 NASA National Aeronautics and Space Administration NOTICES Meetings: International Space Station Independent Safety Task Force, 31222-31223 E6-8426 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Chiniak Gully Research Area; trawl fishing seasonal closure, 31105-31108 06-5024 West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 31104-31105 06-4987 NOTICES Endangered and threatened species permit applications, determinations, etc., E6-8404 31164-31165 E6-8405 E6-8406 National Park National Park Service NOTICES Native American human remains, funerary objects; inventory, repatriation, etc.:

Department of Anthropology Museum, University of California, Davis, CA, E6-8446 31204-31205 E6-8447 Navy Navy Department NOTICES Environmental statements; availability, etc.: Rim of the Pacific exercises, HI, 31170 E6-8463 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Nuclear Fuel Services, Inc., 31223-31226 E6-8448 *Applications, hearings, determinations, etc.:* Army Department, Fort Belvoir, VA, 31223 E6-8449 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Pension Pension Benefit Guaranty Corporation RULES Premium declarations; electronic filing requirement, 31077-31082 E6-8433 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 31226-31227 E6-8442 Presidential Presidential Documents ADMINISTRATIVE ORDERS Libya; certification of rescission as a state sponsor of terrorism (Presidential Determination) No. 2006-14 of May 12, 2006 (Republication with corrections), 31907-31914 06-5071 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Carlsbad Project Water Operations and Water Supply, NM, 31205-31206 E6-8352 Environmental statements; notice of intent: Auburn State Recreation General Plan/Interim Resource Management Plan, CA, 31206-31207 E6-8460 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-8474 E6-8488 E6-8492 31227-31230 E6-8494 E6-8495 Meetings; Sunshine Act, 31230 06-5077 Privacy Act; systems of records, 31230-31232 E6-8472 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 31232-31237 E6-8438 E6-8477 E6-8486 Chicago Board Options Exchange, Inc., 31237-31241 E6-8476 E6-8480 Chicago Stock Exchange, Inc., 31241-31243 E6-8437 E6-8482 Fixed Income Clearing Corp., 31243-31244 E6-8439 International Securities Exchange, Inc., 31244-31249 E6-8434 E6-8435 National Stock Exchange, 31249-31251 E6-8441 06-4998 Philadelphia Stock Exchange, Inc., 31251-31253 E6-8484 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 31253-31255 E6-8515 E6-8520 Culturally significant objects imported for exhibition:

Bridget Riley's Blaze I, 31255 E6-8519 Cosmophilia: Islamic Art from the David Collection, Copenhagen, 31255 E6-8518 Meetings: Overseas Schools Advisory Council, 31255 E6-8516 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, exemption, etc.: Iowa Interstate Railroad, Ltd., 31260 E6-8508 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service PROPOSED RULES Merchandise, special classes:

Cement products from Mexico requiring Commerce Department import license, 31125-31128 E6-8500 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 31261-31265 E6-8413 E6-8414 E6-8415 E6-8416 E6-8418 E6-8419 E6-8421 Meetings: Environmental Hazards Advisory Committee, 31265 06-4989 Structural Safety of Veterans Affairs Department Facilities Advisory Committee, 31265 06-4990 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 31268-31333 06-4829 Part III Homeland Security Department, Customs and Border Protection Bureau, 31336-31895 06-4937 Part IV Health and Human Services Department, 31898-31906 E6-8458 Part V Executive Office of the President, Presidential Documents, 31907-31914 06-5071 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 105 Thursday, June 1, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Parts 93 and 94 [Docket No. 02-046-3] RIN 0579-AB79 Importation of Swine and Swine Products from the European Union;

Correction AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule; correction. SUMMARY: In a final rule published in the **Federal Register** on May 19, 2006, we amended the regulations governing the importation of animals and animal products into the United States to apply a uniform set of importation requirements related to classical swine fever

(CSF)to a region consisting of all of the 15 Member States of the European Union

(301)734-4356. SUPPLEMENTARY INFORMATION: Background In a final rule published in the **Federal Register** on May 19, 2006 (71 FR 29061-29072, Docket No. 02-046-2), we amended the regulations governing the importation of animals and animal products into the United States to apply a uniform set of importation requirements related to classical swine fever

(CSF)to a region consisting of all of the 15 Member States of the European Union

(EU)that comprised the EU as of April 30, 2004 (the EU-15) and prohibit for a specified period of time the importation of live swine and swine products from any area in the EU-15 that is identified by the veterinary authorities of the region as a restricted zone. In the rule portion of the final rule, we revised §§ 94.9(a) and 94.10(a). Both of those paragraphs list the regions of the world that APHIS considers free of CSF. In the lists set out in the final rule, we inadvertently omitted several regions that APHIS had recognized in previous rulemaking as being free of CSF. Those regions are the Mexican States of Campeche, Quintana Roo, Sonora, and Yucatan. We are correcting those lists. Also, in the rule portion of the final rule, we designated as § 94.25 what had been designated as § 94.24 in the proposed rule, in effect removing the existing text in § 94.25. That was incorrect; § 94.24 as proposed should have remained designated as § 94.24 in the final rule and § 94.25 should have remained unchanged. We are correcting those errors by redesignating as § 94.24 the section we designated as § 94.25 in the final rule and by reinserting § 94.25 as it appeared before publication of the final rule. Additionally, we are correcting references in §§ 93.505(a), 94.9(c), and 94.10(c) of the final rule to refer to § 94.24, rather than to § 94.25. List of Subjects 9 CFR Part 93 Animal diseases, Imports, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements. 9 CFR Part 94 Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements. Accordingly, 9 CFR parts 93 and 94 are amended as follows: PART 93—IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS 1. The authority citation for part 93 continues to read as follows: Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. § 93.505 [Amended] 2. In § 93.505, paragraph

(a)is amended by removing the reference to “§ 94.25(b)(6)” and adding in its place a reference to “§ 94.24(b)(6)”. PART 94—RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS 3. The authority citation for part 94 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. 4. In § 94.9, paragraphs

(a)and

(c)introductory text are revised to read as follows: § 94.9 Pork and pork products from regions where classical swine fever exists.

(a)Classical swine fever is known to exist in all regions of the world except Australia; Canada; Chile; Fiji; Iceland; the Mexican States of Baja California, Baja California Sur, Campeche, Chihuahua, Quintana Roo, Sinaloa, Sonora, and Yucatan; New Zealand; Norway; and Trust Territory of the Pacific Islands. 1 1 See also other provisions of this part and parts 93, 95, and 96 of this chapter, and part 327 of this title, for other prohibitions and restrictions upon the importation of swine and swine products.

(c)Except as provided in § 94.24 for the EU-15, no fresh pork or pork product may be imported into the United States from any region where classical swine fever is known to exist unless it complies with the following requirements: 5. In § 94.10, paragraphs

(a)and

(c)are revised to read as follows: § 94.10 Swine from regions where classical swine fever exists.

(a)Classical swine fever is known to exist in all regions of the world, except Australia; Canada; Chile; Fiji; Iceland; the Mexican States of Baja California, Baja California Sur, Campeche, Chihuahua, Quintana Roo, Sinaloa, Sonora, and Yucatan; New Zealand; Norway; and Trust Territory of the Pacific Islands.

(c)Except as provided in § 94.24 for the EU-15, no swine that are moved from or transit any region where classical swine fever is known to exist may be imported into the United States, except for wild swine imported into the United States in accordance with paragraph

(d)of this section. § 94.24 [Removed] and § 94.25 [Redesignated] 6. Section 94.24 is removed, and § 94.25 is redesignated as § 94.24. 7. A new § 94.25 is added to read as follows: § 94.25 Restrictions on the importation of live swine, pork, or pork products from certain regions free of classical swine fever. The regions listed in paragraph

(a)of this section are recognized as free of classical swine fever

(CSF)in §§ 94.9(a) and 94.10(a) but either supplement their pork supplies with fresh (chilled or frozen) pork imported from regions considered to be affected by CSF, or supplement their pork supplies with pork from CSF-affected regions that is not processed in accordance with the requirements of this part, or share a common land border with CSF-affected regions, or import live swine from CSF-affected regions under conditions less restrictive than would be acceptable for importation into the United States. Thus, there exists a possibility that live swine, pork, or pork products from the CSF-free regions listed in paragraph

(a)of this section may be commingled with live swine, pork, or pork products from CSF-affected regions, resulting in a risk of CSF introduction into the United States. Therefore, live swine, pork, or pork products and shipstores, airplane meals, and baggage containing pork or pork products, other than those articles regulated under parts 95 or 96 of this chapter, may not be imported into the United States from a region listed in paragraph

(a)of this section unless the requirements in this section, in addition to other applicable requirements of part 93 of this chapter and part 327 of this title, are met.

(a)Regions subject to the requirements of this section: Chile and the Mexican States of Baja California, Baja California Sur, Campeche, Chihuahua, Quintana Roo, Sinaloa, Sonora, and Yucatan.

(b)*Live swine.* The swine must be accompanied by a certification issued by a full-time salaried veterinary officer of the national government of the region of export. Upon arrival of the swine in the United States, the certification must be presented to an authorized inspector at the port of arrival. The certification must identify both the exporting region and the region of origin as a region designated in §§ 94.9 and 94.10 as free of CSF at the time the swine were in the region and must state that:

(1)The swine have not lived in a region designated in §§ 94.9 and 94.10 as affected with CSF;

(2)The swine have never been commingled with swine that have been in a region that is designated in §§ 94.9 and 94.10 as affected with CSF;

(3)The swine have not transited a region designated in §§ 94.9 and 94.10 as affected with CSF unless moved directly through the region to their destination in a sealed means of conveyance with the seal intact upon arrival at the point of destination; and

(4)The conveyances or materials used in transporting the swine, if previously used for transporting swine, have been cleaned and disinfected in accordance with the requirements of § 93.502 of this chapter.

(c)*Pork or pork products.* The pork or pork products must be accompanied by a certification issued by a full-time salaried veterinary officer of the national government of the region of export. Upon arrival of the pork or pork products in the United States, the certification must be presented to an authorized inspector at the port of arrival. The certification must identify both the exporting region and the region of origin of the pork or pork products as a region designated in §§ 94.9 and 94.10 as free of CSF at the time the pork or pork products were in the region and must state that:

(1)The pork or pork products were derived from swine that were born and raised in a region designated in §§ 94.9 and 94.10 as free of CSF and were slaughtered in such a region at a federally inspected slaughter plant that is under the direct supervision of a full-time salaried veterinarian of the national government of that region and that is eligible to have its products imported into the United States under the Federal Meat Inspection Act (21 U.S.C. 601 *et seq.* ) and the regulations in § 327.2 of this title;

(2)The pork or pork products were derived from swine that have not lived in a region designated in §§ 94.9 and 94.10 as affected with CSF;

(3)The pork or pork products have never been commingled with pork or pork products that have been in a region that is designated in §§ 94.9 and 94.10 as affected with CSF;

(4)The pork or pork products have not transited through a region designated in §§ 94.9 and 94.10 as affected with CSF unless moved directly through the region to their destination in a sealed means of conveyance with the seal intact upon arrival at the point of destination; and

(5)If processed, the pork or pork products were processed in a region designated in §§ 94.9 and 94.10 as free of CSF in a federally inspected processing plant that is under the direct supervision of a full-time salaried veterinary official of the national government of that region. (Approved by the Office of Management and Budget under control numbers 0579-0230 and 0579-0235) Done in Washington, DC, this 25th day of May, 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6-8465 Filed 5-31-06; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2003-SW-10-AD; Amendment 39-14621; AD 2003-21-09 R1] RIN 2120-AA64 Airworthiness Directives; Eurocopter France Model AS355E, F, F1, F2, and N Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment revises an existing airworthiness directive

(AD)for Eurocopter France

(ECF)Model AS355E, F, F1, F2, and N helicopters that currently requires certain checks of the magnetic chip detector plug (chip detector) and the main gearbox

(MGB)oil-sight glass, certain inspections of the lubrication pump (pump), and replacing the MGB and the pump with an airworthy MGB and pump, if necessary. Also, the AD requires that before an MGB or pump with any hours time-in-service

(TIS)can be installed, it must meet the AD requirements. This amendment retains those requirements but limits the applicability to one part number with certain serial-numbered pumps or modified after a certain date. This amendment is prompted by an investigation by the manufacturer that revealed a malfunction occurred after modifying the pump case on certain pumps after major overhaul and repairs. The actions specified by this AD are intended to limit the applicability to certain pumps, to detect sludge on the chip detector, to prevent failure of the MGB pump, seizure of the MGB, loss of drive to an engine and main rotor, and subsequent loss of control of the helicopter. DATES: Effective July 6, 2006. ADDRESSES: The service information referenced in this AD may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone

(972)641-3460, fax

(972)641-3527. This information may be examined at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas. FOR FURTHER INFORMATION CONTACT: Ed Cuevas, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0111, telephone

(817)222-5355, fax

(817)222-5961. SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 by revising AD 2003-21-09, Amendment 39-13344 (68 FR 60284, October 22, 2003), for the specified ECF Model AS355E, F, F1, F2, and N helicopters, was published in the **Federal Register** on September 26, 2005 (70 FR 56140). The action proposed to revise AD 2003-21-09 to require the same actions as the existing AD but would limit the applicability to ECF helicopters with a pump, part number (P/N) 355A32-0700-01, with a serial number (S/N) 5731 or higher or with a S/N below 5731 if the pump has been overhauled or repaired after June 1, 1995. The Direction Generale De L'Aviation Civile (DGAC), the airworthiness authority for France, notified the FAA that an unsafe condition may exist on the specified ECF model helicopters. The DGAC advises that the insufficiently lubricated power transmission assembly deteriorates until it causes the loss of the drive train for one or even both engines. Since issuing AD 2003-21-09, ECF issued Alert Service Bulletin No. 05.00.40, dated November 16, 2004 (ASB), which specifies that the effectivity is limited to each pump, P/N 355A32-0700-01, with a S/N equal to or above 5731 and with a S/N below 5731, if they have been overhauled or repaired after June 1, 1995. An investigation revealed that the malfunction is due to a modification to the shape of the pump case. An enlarged opening of the chamber after machining generates additional loads on the pump. The modification was made to the one part-numbered pump with the previously specified serial numbers; therefore, the ASB limits the effectivity to those pumps. The DGAC classified this service bulletin as mandatory and issued AD F-2002-331-071 R2, dated November 24, 2004 to ensure the continued airworthiness of these helicopters in France. These helicopter models are manufactured in France and are type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, the DGAC has kept the FAA informed of the situation described above. The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial changes made throughout the AD that neither increase the economic burden on any operator nor increase the scope of the AD. The FAA estimates that this AD will affect 105 helicopters of U.S. registry, assuming they all have MGB pumps with applicable S/Ns. It will take about: • 10 minutes to check the chip detector and the MGB oil sight glass, • 4 work hours to remove the MGB and pump, • 1 work hour to inspect the pump, and • 4 work hours to install a serviceable MGB and pump at an average labor rate of $65 per work hour. • $4,000 for an overhauled pump and up to $60,000 for an overhauled MGB per helicopter. The manufacturer has represented to the FAA that the standard warranty applies if failure occurs within the first 2 years and operating time is less than 1,000 hours. Based on these figures, we estimate the revised total cost impact of the AD on U.S. operators to be $360,335 per year, assuming replacement of one MGB and pump on one helicopter per year and a daily check on all helicopters for 260 days per year. Regulatory Findings The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this action

(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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by removing Amendment 39-13344 (68 FR 60284, October 22, 2003), and by adding a new airworthiness directive (AD), Amendment 39-14621, to read as follows: **2003-21-09 R1 Eurocopter France:** Amendment 39-14621. Docket No. 2003-SW-10-AD. Revises AD 2003-21-09, Amendment 39-13344, Docket No. 2003-SW-10-AD. *Applicability:* Model AS355E, F, F1, F2, and N helicopters, with a main gear box

(MGB)lubrication pump (pump), part number (P/N) 355A32-0700-01, with a serial number (S/N) 5731 or higher or with a S/N below 5731 if the pump has been overhauled or repaired after June 1, 1995, certificated in any category. *Compliance:* Required as indicated, unless accomplished previously. To prevent failure of the MGB pump, seizure of the MGB, loss of drive to an engine and main rotor, and subsequent loss of control of the helicopter, accomplish the following:

(a)Before the first flight of each day and at intervals not to exceed 10 hours time-in-service (TIS), check the MGB magnetic chip detector plug (chip detector) for any sludge. Also, check for dark oil in the MGB oil-sight glass. An owner/operator (pilot) holding at least a private pilot certificate may perform this visual check and must enter compliance into the aircraft maintenance records in accordance with 14 CFR 43.11 and 91.417(a)(2)(v). “Sludge” is a deposit on the chip detector that is typically dark in color and in the form of a film or paste, as compared to metal chips or particles normally found on a chip detector. Sludge may have both metallic or nonmetallic properties, may consist of copper (pinion bearing), magnesium (pump case), and steel (pinion) from the oil pump, and a nonmetallic substance from the chemical breakdown of the oil as it interacts with the metal. Note 1: Eurocopter France Alert Telex No. 05.00.40R1, dated November 27, 2002, and Alert Service Bulletin No. 05.00.40, dated November 16, 2004, pertain to the subject of this AD.

(b)Before further flight, if any sludge is found on the chip detector, inspect the pump.

(c)Before further flight, if the oil appears dark in color when it is observed through the MGB oil-sight glass, take an oil sample. If the oil taken in the sample is dark or dark purple, before further flight, inspect the pump.

(d)While inspecting the pump, if you find any of the following, replace the MGB and the pump with an airworthy MGB and pump before further flight:

(1)Crank pin play,

(2)Out of round bronze bushing (A of Figure 1),

(3)Offset of the driven gear pinion,

(4)Metal chips, or

(5)Wear (C of Figure 1). See the following Figure 1: ER01JN06.017 Note 2: If wear is present in the B area only as depicted in Figure 1, replacing the MGB and the pump is not required.

(e)Before installing a different MGB or a pump with any TIS, accomplish the requirements of paragraph

(a)of this AD.

(f)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Safety Management Group, Rotorcraft Directorate, FAA, ATTN: Ed Cuevas, Fort Worth, Texas 76193-0111, telephone

(817)222-5355, fax

(817)222-5961, for information about previously approved alternative methods of compliance.

(g)This amendment becomes effective on July 6, 2006. Note 3: The subject of this AD is addressed in Direction Generale De L'Aviation Civile (France) AD F-2002-331-071 R2, dated November 24, 2004. Issued in Fort Worth, Texas, on May 24, 2006. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 06-5009 Filed 5-31-06; 8:45 am]

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