Unknown. Final rule

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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-2006-06-13.xml --- 71 113 Tuesday, June 13, 2006 Contents Agriculture Agriculture Department See Natural Resources Conservation Service See Rural Business-Cooperative Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 34052 E6-9219 Army Army Department See Engineers Corps NOTICES Meetings: Reserve Officers’ Training Corps Program Subcommittee, 34077 06-5340 Children Children and Families Administration NOTICES Grant and cooperative agreement awards:

Red Lake Band of Chippewa Indians, MN, 34135 E6-9209 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories: Dominican Republic-Central America Free Trade Agreement; commerical availailbity— Single, fiber, yarn, or fabric, 34069-34070 06-5353 Commodity Commodity Futures Trading Commission NOTICES Foreign futures and options transactions:

Foreign boards of trade located outside U.S.; requirement to become designated contract market or derivatives transaction execution facility, 34070-34074 E6-9191 Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 34149-34151 E6-9160 E6-9161 E6-9162 Defense Defense Department See Army Department See Engineers Corps NOTICES Arms sales notification; transmittal letter, etc., 34074-34077 06-5331 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Cambrex Charles City, Inc., 34162 E6-9177 Roche Diagnostics Operations, Inc., 34162-34163 E6-9176 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 34079-34080 E6-9194 E6-9195 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Atomic energy agreements; subsequent arrangements, 34080-34081 E6-9217 Meetings:

International Energy Agency Industry Advisory Board, 34081 E6-9216 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: State Energy Advisory Board, 34081-34082 E6-9218 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Floyd County, KY; Levisa Fork Basin Section 202 Project, 34077 06-5339 Environmental statements; notice of intent: Millington and vicinity, TN; feasibility study, 34078 06-5317 Red River Chloride Control Project, TX and OK, 34078-34079 06-5336 Meetings:

Inland Waterways Users Board, 34079 06-5337 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Maryland, 34014-34015 06-5297 Pennsylvania, 34011-34014 06-5295 Toxic substances: Significant new uses— Polybrominated diphenylethers, 34015-34021 E6-9207 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 34050-34051 06-5296 NOTICES Meetings: Clean Air Compliance Analysis Advisory Council, 34128-34129 E6-9187 Clean Air Scientific Advisory Committee, 34129-34131 E6-9186 E6-9188 Water pollution control:

National Pollutant Discharge Elimination System— Idaho; groundwater remediation discharge facilities; general permit, 34131-34132 E6-9190 Farm Farm Credit Administration NOTICES Reports and guidance documents; availability, etc.: FCA Board policy statements, 34132 E6-9157 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 33994-34000 06-5244 Boeing, 33992-33994 06-5287 Bombardier, 34004-34008 06-5285 06-5286 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 34000-34003 06-5245 Hamilton Sundstrand, 34003-34004 06-5284 PROPOSED RULES Airspace:

Objects affecting navigable airspace, 34028-34045 06-5319 Airworthiness directives: Boeing, 34025-34028 E6-9163 E6-9174 NOTICES Aeronautical land-use assurance; waivers: Boscobel Municipal Airport, WI, 34187-34188 06-5324 Waupaca Municipal Airport, WI, 34188 06-5325 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings; correction, [ **Editorial Note:** This document appearing at 71 FR 33747 in the **Federal Register** of June 12, 2006, was incorrectly indexed in that issue's Table of Contents.] Meetings;

Sunshine Act, 34082-34083 06-5415 Reports and guidance documents; availability, etc.: Electric Energy Market Competition Task Force; report to Congress, 34083-34128 06-5247 Federal Motor Federal Motor Carrier Safety Administration NOTICES Reports and guidance documents; availability, etc.: Oregon; motor vehicle tax credentials display requirement; determination petition, 34188-34189 E6-9150 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 34132-34133 E6-9197 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 34133 06-5408 FTC Federal Trade Commission PROPOSED RULES Industry guides: Nursery industry guides, 34045-34046 E6-9185 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Appalachian monkeyface mussel et al., 34196-34230 06-5233 NOTICES Endangered and threatened species: Survival enhancement permits— Alabama; red-cockaded woodpecker; safe harbor agreement, 34154-34156 E6-9169 Endangered and threatened species permit applications, determinations, etc., 34152-34154 E6-9164 E6-9168 E6-9183 Environmental statements; availability, etc.:

Incidental take permits— Baldwin County, AL; Alabama beach mouse, 34156-34158 E6-9170 Food Food and Drug Administration NOTICES Human drugs: Patent extension; regulatory review period determinations— INCRELEX, 34135-34136 E6-9138 LUVERIS, 34136-34137 E6-9139 UROXATRAL, 34137-34138 E6-9201 Patent extensions; regulatory review period determinations— RESTYLANE, 34138-34139 E6-9213 TYGACIL, 34139-34140 E6-9214 Geological Geological Survey NOTICES Meetings: Scientific Earthquake Studies Advisory Committee, 34158 06-5329 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

American Health Information Community, 34133-34134 06-5332 06-5333 06-5334 06-5335 Reports and guidance documents; availability, etc.: Genetic variation, environment, and common disease; prospect of U.S. large population cohort project; policy issues, 34134-34135 E6-9136 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-9199 34140-34142 E6-9200 E6-9210 Homeland Homeland Security Department See Customs and Border Protection Bureau See U.S.

Citizenship and Immigration Services Industry Industry and Security Bureau RULES Export Administration Regulations: appeals coordinator; appointment authorization, 34008-34009 E6-9220 NOTICES Meetings: Materials Technical Advisory Committee, 34060 06-5338 Interior Interior Department See Fish and Wildlife Service See Geological Survey See National Park Service See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes: Life-nonlife consolidated returns; tacking rule requirements Correction, 34009-34011 06-5349 PROPOSED RULES Income taxes:

Business electronic filing and burden reduction Correction, 34046-34047 06-5350 Repeal of tax interest on nonresident alien individuals and foreign corporations received from certain portfolio debt investments; public hearing, 34047-34050 E6-9151 NOTICES Agency information collection activities; proposals, submissions, and approvals, 34190-34193 E6-9141 E6-9142 E6-9143 E6-9144 Meetings: Taxpayer Advocacy Panels, 34193 E6-9145 Justice Justice Department See Drug Enforcement Administration National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 34163-34165 E6-9158 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 34142 E6-9137 Meetings:

National Center on Minority Health and Health Disparities, 34142-34143 06-5313 Scientific Review Center, 06-5311 06-5312 06-5314 34143-34145 06-5315 Reports and guidance documents; availability, etc.: Genetic variation, environment, and common disease; prospect of U.S. large population cohort project; policy issues, 34146 E6-9135 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 34022-34023 06-5347 Shallow water species, 34021-34022 06-5346 Yellowfin sole, 34022 06-5348 NOTICES Environmental statements; record of decision:

Canaan Valley Institute Office Complex, 34060 E6-9140 Grants and cooperative agreements; availability, etc.: John H. Prescott Marine Mammal Rescue Assistance Program, 34061-34064 E6-9205 Marine mammal and endangered and threatened species permit applications, determinations, etc., 34064 E6-9208 Marine mammals: Incidental taking; authorization letters, etc.— FEX L.P.; barge movement through Beaufort Sea between West Dock and Cape Simpson or Point Lonely, AK; whales and seals, 34064-34067 E6-9215 Meetings:

Gulf of Mexico Fishery Management Council, 34067-34068 E6-9182 International Commission for Conservation of Atlantic Tunas, U.S. Section Advisory Committee, 34068 E6-9212 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 34158-34159 06-5341 Environmental statements; availability, etc.: Denali National Park and Preserve, AK, 34159 06-5344 Fire Island National Seashore, NY; general management plan, 34159-34160 06-5345 Montezuma Castle and Tuzigoot National Monuments, AZ; general management plan, 34160 E6-9192 Meetings:

Delaware Water Gap National Recreation Area Citizen Advisory Commission, 34160-34161 06-5343 National Park System: Property transfer; easement from the City of Philadelphia to the U.S., 34161 06-5342 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Highland Lake Watershed, ME, 34052-34053 E6-9196 Nuclear Nuclear Regulatory Commission RULES Plants and materials; physical protection: Fingerprinting and criminal history records check; relief for designated categories of individual, 33989-33992 E6-9178 PROPOSED RULES National Source Tracking System; manufacture, transfer, receipt, or disposal of nationally tracked sealed sources; establishment, 34024-34025 E6-9179 NOTICES Meetings;

Sunshine Act 34165 06-5387 Special nuclear materials; domestic licensing requirements; exemptions, etc.: EnergySolutions, LLC, 34168-34170 E6-9247 *Applications, hearings, determinations, etc.:* EnergySolutions, LLC, 34165-34167 E6-9181 Entergy Nuclear Operations, Inc., 34170 E6-9180 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 34068-34069 E6-9173 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

San Luis Drainage Feature Reevaluation, CA, 34161-34162 E6-9184 Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.: Small, Minority Producer Grant Program, 34053-34060 E6-9175 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 34170-34171 E6-9152 Investment Company Act of 1940: Pruco Life Insurance Co., et al., 34171-34174 E6-9153 Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 34174-34178 E6-9154 Philadelphia Stock Exchange, Inc., 34178-34180 E6-9155 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 34180-34186 E6-9146 E6-9147 E6-9148 Social security rulings and acquiescence rulings: Adjudicating child relationship when DNA test shows a sibling relationship between claimant and a child of the worker who is entitled under section 216(h)(3, 34186-34187 E6-9156 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 34147-34149 E6-9172 Meetings:

Substance Abuse Treatment Center National Advisory Council, 34149 E6-9171 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Megabus USA LLC, 34189-34190 E6-9204 Union Pacific Railroad Co., 34190 E6-9203 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 34151-34152 E6-9166 E6-9167 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 34196-34230 06-5233 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. 71 113 Tuesday, June 13, 2006 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 RIN 3150-AH94 Relief From Fingerprinting and Criminal History Records Check for Designated Categories of Individuals AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is issuing a new regulation to relieve certain categories of individuals who have been approved by the Commission for access to Safeguards Information

(SGI)from the fingerprinting and criminal history records check requirements of section 149 of the Atomic Energy Act of 1954 (AEA), as amended. DATES: *Effective Date:* June 13, 2006. FOR FURTHER INFORMATION CONTACT: Jared K. Heck, Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-1623, e-mail, *jkh3@nrc.gov,* or Marjorie U. Rothschild, Senior Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-1633, e-mail, *mur@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Background II. Need for Rule III. Analysis of Rule IV. Basis for Immediate Effectiveness and Dispensing With Notice and Comment V. Voluntary Consensus Standards VI. Finding of No Significant Impact: Availability VII. Paperwork Reduction Act Statement VIII. Regulatory Analysis IX. Backfit Analysis X. Small Business Regulatory Enforcement Fairness Act I. Background SGI is a form of sensitive, unclassified, security-related information that the Commission has the authority to designate and protect under section 147 of the AEA. Requirements governing access to and handling of SGI are presented in NRC regulations in § 73.21 and various NRC orders, 1 and are similar in some ways to requirements for the protection of Classified National Security Information. Consistent with its mission to promote common defense and security, the Commission shares SGI with a variety of licensees, Federal, State, and local law enforcement officials, members of Congress, and other individuals who need to know SGI to perform job functions related to the protection of nuclear facilities and materials. 1 *See,* In the Matter of *All Licensees Authorized to Manufacture or Initially Transfer Items Containing Radioactive Material for Sale or Distribution and Possess Certain Radioactive Material of Concern and All Other Persons Who Obtain Safeguards Information Described Herein; Order Issued on November 25, 2003 Imposing Requirements for the Protection of Certain Safeguards Information (Effective Immediately),* (January 23, 2004; 69 FR 3397). In this order and certain other common defense and security orders, the Commission has also used the term “SGI-M” to identify modified handling requirements for SGI related to materials licensees. Recently, Congress enacted legislation that imposes new requirements governing access to SGI. In section 652 of the Energy Policy Act of 2005, 2 which amended AEA section 149, Congress required the Commission to ensure that “any individual” who is permitted access to SGI be fingerprinted and undergo a criminal history records check. Previously, AEA section 149 only required fingerprinting and criminal history records checks of individuals seeking access to SGI (as defined in § 73.2) from a power reactor licensee or license applicant. 2 Public Law 109-58 (August 8, 2005). Under AEA section 149, as amended, the Commission must require the fingerprinting and submission of fingerprints to the Attorney General for an identification and criminal history records check of any individual permitted access to SGI, unless the Commission, by rule, has relieved that individual from the fingerprinting, identification, and criminal history records check requirements. The Commission may relieve individuals from those requirements “if the Commission finds that such action is consistent with its obligations to promote the common defense and security and to protect the health and safety of the public.” Currently, the Commission has no rule that would relieve individuals who seek access to SGI from non-power reactor licensees or the Commission from the expanded fingerprinting and criminal history records check requirements. Current regulations in §§ 73.21 and 73.57 relieve Governors or their designated representatives, certain members of Congress, certain representatives of the International Atomic Energy Agency (IAEA), and State and local law enforcement organizations from fingerprinting and criminal history records checks if those individuals seek access to SGI as defined in § 73.2. This final rule continues that relief and expands it so that individuals described in this final rule need not be fingerprinted or undergo a criminal history check before receiving access to SGI not currently subject to the requirements of 10 CFR part 73 ( *i.e.* , SGI that the Commission has designated and required to be protected by order). II. Need for Rule When the Energy Policy Act became law on August 8, 2005, the Commission had already published a proposed SGI rule that would change requirements governing access to and handling of SGI. 3 The Commission planned to significantly revise (and subsequently republish) the proposed SGI rule to fully implement the fingerprinting, identification, and criminal history check requirements established by the Energy Policy Act, but the revision has taken longer than initially expected. The Commission still intends to publish a revised proposed SGI rule for public comment in the near future, but in the meantime, the Commission has an immediate and ongoing need to share SGI with certain international and domestic government representatives, and has decided to issue an immediately effective final rule of limited scope to relieve certain individuals from the fingerprinting and criminal history check requirements of AEA section 149. 3 *See* proposed rule, *Protection of Safeguards Information* (February 11, 2005; 70 FR 7196). The individuals relieved from fingerprinting and criminal history checks under the final rule include Federal, State, and local officials involved in security planning and incident response, Agreement State employees who evaluate licensee compliance with security-related orders, and members of Congress who request SGI as part of their oversight function. Interrupting those individuals' access to SGI to perform fingerprinting and criminal history checks would harm vital inspection, oversight, planning, and enforcement functions, thereby impairing day-to-day implementation of the NRC's regulatory programs to the detriment of the common defense and security. It might also impair communications among the NRC, its licensees, and first responders in the event of an imminent security threat or other emergency. The final rule will permit the Commission to provide SGI without interruption to government officials who need the information to be effective in their day-to-day efforts to ensure the continued security of nuclear facilities and materials. The final rule is also consistent with the Commission's obligations to promote the common defense and security and to protect the health and safety of the public. The final rule will also permit the Commission to continue sharing SGI with its international partners. The information shared in these exchanges helps to maintain the security of nuclear facilities and materials domestically and abroad. Requiring fingerprinting and criminal history checks of foreign representatives who participate in these exchanges could strain the Commission's cooperative relationships with its international counterparts, and might delay needed exchanges of information to the detriment of current security initiatives both at home and abroad. The final rule will permit the Commission to avoid that result, and is consistent with the Commission's obligations to promote the common defense and security and to protect the health and safety of the public. III. Analysis of Rule The final rule provides relief from the fingerprinting and criminal history records check requirements set forth in AEA section 149 for the following individuals:

(1)An employee of the Commission or of the Executive Branch of the United States government who has undergone fingerprinting for a prior U.S. government criminal history check;

(2)A member of Congress;

(3)An employee of a member of Congress or Congressional committee who has undergone fingerprinting for a prior U.S. government criminal history check;

(4)The Governor of a State or his or her designated State employee representative;

(5)A representative of a foreign government organization that is involved in planning for, or responding to, nuclear or radiological emergencies or security incidents who the Commission approves for access to SGI;

(6)Federal, State, or local law enforcement personnel;

(7)State Radiation Control Program Directors and State Homeland Security Advisors or their designated State employee representatives;

(8)Agreement State employees conducting security inspections on behalf of the NRC under an agreement executed under section 274.i. of the AEA; and

(9)Representatives of the International Atomic Energy Agency

(IAEA)engaged in activities associated with the U.S./IAEA Safeguards Agreement who have been certified by the NRC. The individuals described previously are considered trustworthy and reliable to receive SGI by virtue of their occupational status and have either already undergone a background or criminal history check as a condition of their employment, or are subject to direct oversight by government authorities in their day-to-day job functions. Under the final rule, if individuals in these categories need to know SGI to perform a job function, they may have access to SGI without being fingerprinted or undergoing a criminal history check. Foreign representatives described in the final rule have been relieved from fingerprinting and criminal history checks because those checks would not likely yield any information probative of the representative's trustworthiness—domestic criminal databases typically would not have records on foreign representatives. In addition, requiring fingerprinting and criminal history checks of foreign government representatives could strain existing cooperative relationships with the Commission's foreign counterparts, thus undermining the Commission's international efforts to enhance nuclear security. Under the final rule, foreign representatives would only be granted access to SGI on a case-by-case basis with the approval of the Commission. The phrase “a representative of a foreign government organization” in the final rule includes more than employees of foreign governments. The phrase may encompass members of private industry, local first responders, vendors, law enforcement officials, or other individuals designated by a foreign government organization involved in nuclear emergency planning or incident response to serve as foreign government representatives before the NRC. The categories of individuals relieved by the final rule from fingerprinting and criminal history checks are broader than those relieved by existing regulations in §§ 73.21 and 73.57 because the fingerprinting and criminal history records checks required by AEA section 149 now apply much more broadly. Prior to the Energy Policy Act amendments to AEA section 149, the Commission could provide SGI to its international and domestic government partners without first obtaining fingerprints and criminal history checks of those individuals, and without having to except them by rule. The fingerprinting and criminal history check requirements of AEA section 149 applied only when power reactor licensees provided SGI to an individual. To permit the Commission to continue its pre-Energy Policy Act practice of sharing SGI with international and domestic government representatives involved in nuclear security inspection, oversight, enforcement, planning, and emergency response, the final rule relieves individuals to whom the Commission has historically provided SGI from the expanded fingerprinting and criminal history records checks of AEA section 149, as amended. Accordingly, the list of individuals relieved from fingerprinting and criminal history check requirements has been lengthened. The expanded relief is not limited to cases where the Commission is providing access to SGI. A licensee or other person with lawful access to SGI may share that information with an individual described in the final rule without first performing fingerprinting and a criminal history check of that individual, provided that individual needs to know the information. Finally, the final rule also includes an expanded definition of “Safeguards Information” applicable only to new § 73.59 that would be coextensive in scope with AEA section 147. The expanded definition is necessary to make clear that the exceptions from fingerprinting and criminal history checks contained in the new § 73.59 apply regardless of whether the SGI being sought relates to source, byproduct, or special nuclear material. Without the expanded definition, the exceptions would only apply in cases where an individual seeks access to “Safeguards Information” as defined in existing § 73.2, which is limited to information related to

(1)security measures for the physical protection of special nuclear material, or

(2)security measures for the physical protection and location of certain plant equipment vital to the safety of production and utilization facilities. The Commission intends the relief from the fingerprinting and criminal history check requirements embodied in the final rule to apply regardless whether the SGI being sought relates to source, byproduct, or special nuclear material, and regardless of who is providing access to the SGI at issue. IV. Basis for Immediate Effectiveness and Dispensing With Notice and Comment Generally, the Commission issues final rules using the public notice and comment procedures set forth in the Administrative Procedure Act (APA). Under 5 U.S.C. 553, the Commission may dispense with those procedures where it finds for “good cause” that public procedures are “impracticable, unnecessary, or contrary to the public interest.” In this case, the Commission finds that notice-and-comment procedures are not required because the usual public rulemaking procedures are impracticable. As set forth in Section II, the Commission has an immediate and ongoing need to share SGI with Federal, State, and local law enforcement officials, members of Congress, Governors and their designees, representatives of foreign government organizations, and certain other individuals described in the final rule to ensure that a range of inspection, enforcement, planning, oversight, and response functions related to the security of nuclear materials continues uninterrupted. The Commission has three options to meet this need:

(1)Refrain from sharing SGI with individuals described in the rule until they undergo fingerprinting and a criminal history records check;

(2)Refrain from sharing SGI with individuals described in the rule until the Commission completes notice-and-comment rulemaking to provide exceptions; or

(3)Relieve individuals who require SGI to perform day-to-day inspection, enforcement, planning, oversight, and response functions from fingerprinting and criminal history records check requirements by rule. The first option is impracticable because it would seriously inhibit sharing of SGI until fingerprinting and criminal history records checks could be completed, thus frustrating the ability of individuals described in the final rule to perform vital day-to-day nuclear security functions. The second option is impracticable because the Commission would have to continue to withhold access to SGI during the notice and comment period, which would have the same detrimental effects on security as would the first option. The only way to ensure the flow of SGI continues to foreign and domestic government personnel who have a need to know while complying with the requirements of AEA section 149, is to issue a final rule relieving those individuals from fingerprinting and criminal history records check requirements without following notice and comment procedures. Therefore, under 5 U.S.C. 553, good cause exists to dispense with those procedures. As mentioned previously, the Commission still plans to revise and publish for comment its proposed SGI rule. At that time, the public will be able to comment on whether any additional categories of individuals should be relieved from the fingerprinting and criminal history records check requirements of AEA section 149. Finally, this rule is immediately effective upon publication in accordance with 5 U.S.C. 553(d)(1), because it is a substantive rule which grants an exemption or relieves a restriction. Specifically, the rule relieves certain individuals from the fingerprinting and criminal history records check requirements of AEA section 149. V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless using such a standard is inconsistent with applicable law or is otherwise impractical. In this final rule, the NRC is granting relief from criminal history checks, including fingerprinting, for access to Safeguards Information by persons in certain occupational categories. This action does not involve the establishment of a standard that contains generally applicable requirements. VI. Finding of No Significant Impact: Availability The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in subpart A of 10 CFR part 51, that this rule is not a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. As permitted by section 149.b. of the AEA, this rulemaking relieves individuals in certain occupational categories from the criminal history records check and fingerprinting requirements imposed by the Energy Policy Act of 2005 to facilitate the sharing of SGI among international and domestic government representatives and officials. The rule does not require any individuals to take action that would have an environmental impact. A copy of the environmental assessment supporting this finding is available at *http://www.nrc.gov/reading-rm/adams.html* ML061520342. VII. Paperwork Reduction Act Statement This final rule does not contain new or amended information collection requirements subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Existing requirements were approved by the Office of Management and Budget, approval number 3150-002. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. VIII. Regulatory Analysis A regulatory analysis has not been prepared for this regulation because it relieves restrictions and does not impose any regulatory burdens on licensees. IX. Backfit Analysis No backfit analysis is required because the final rule does not modify or add to systems, structures, components, or the design of a facility, or the design approval or manufacturing license for a facility, or the procedures or organization required to design, construct, or operate a facility. Therefore, the final rule does not impose a backfit as defined in 10 CFR 50.109(a)(1), 70.76(a)(1), 72.62(a)(1) and (2), or 76.76(a)(1). X. Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. List of Subjects in 10 CFR Part 73 Criminal penalties, Export, Hazardous materials transportation, Import, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. For the reasons set out in the preamble, and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Energy Policy Act of 2005, and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 73. PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS 1. The authority citation for part 73 is revised to read as follows: Authority: Secs. 53, 161, 149, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2169, 2201); sec. 201, as amended, 204, 88 Stat. 1242, as amended, 1245, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Public Law No. 109-58, 119 Stat. 594 (2005). Section 73.1 also issued under secs. 135, 141, Public Law 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 73.37(f) also issued under sec. 301, Public Law 96-295, 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Public Law 99-399, 100 Stat. 876 (42 U.S.C. 2169). 2. A new § 73.59 is added to read as follows: § 73.59 Relief from fingerprinting and criminal history records check for designated categories of individuals.

(a)For purposes of this section, the phrase “Safeguards Information” means information not otherwise classified as National Security Information or Restricted Data, which specifically identifies a licensee's or applicant's detailed—

(1)Control and accounting procedures or security measures (including security plans, procedures, and equipment) for the physical protection of special nuclear material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Commission to be significant to the public health and safety or the common defense and security;

(2)Security measures (including security plans, procedures, and equipment) for the physical protection of source material or byproduct material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Commission to be significant to the public health and safety or the common defense and security;

(3)Security measures (including security plans, procedures, and equipment) for the physical protection of and the location of certain plant equipment vital to the safety of production or utilization facilities involving nuclear materials covered by paragraphs (a)(1) and (a)(2) of this section; or

(4)Any other information within the scope of Section 147 of the Atomic Energy Act of 1954, as amended, the unauthorized disclosure of which, as determined by the Commission through order or regulation, could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of radiological sabotage or theft or diversion of source, byproduct, or special nuclear material.

(b)Notwithstanding any other provision of the Commission's regulations, fingerprinting and the identification and criminal history records checks required by section 149 of the Atomic Energy Act of 1954, as amended, are not required for the following individuals prior to granting access to Safeguards Information:

(1)An employee of the Commission or of the Executive Branch of the United States government who has undergone fingerprinting for a prior U.S. government criminal history check;

(2)A member of Congress;

(3)An employee of a member of Congress or Congressional committee who has undergone fingerprinting for a prior U.S. government criminal history check;

(4)The Governor of a State or his or her designated State employee representative;

(6)Federal, State, or local law enforcement personnel;

(7)State Radiation Control Program Directors and State Homeland Security Advisors or their designated State employee representatives;

(8)Agreement State employees conducting security inspections on behalf of the NRC pursuant to an agreement executed under section 274.i. of the Atomic Energy Act;

(9)Representatives of the International Atomic Energy Agency

(IAEA)engaged in activities associated with the U.S./IAEA Safeguards Agreement who have been certified by the NRC. Dated at Rockville, Maryland, this 7th day of June, 2006. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E6-9178 Filed 6-12-06; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24245; Directorate Identifier 2005-NM-166-AD; Amendment 39-14643; AD 2006-12-17] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-200C Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive

(AD)which applies to all Boeing Model 737-200C series airplanes. That AD currently requires a one-time external detailed inspection for cracking of the fuselage skin in the lower lobe cargo compartment; repetitive internal detailed inspections for cracking of the frames in the lower lobe cargo compartment; repair of cracked parts; and terminating action for the repetitive internal detailed inspections. This new AD restates the requirements of the existing AD and adds a requirement to perform repetitive detailed inspections of the body station

(BS)360 and BS 500 fuselage frames, after accomplishing the terminating action, and repair if necessary. This AD results from multiple reports that the existing AD is not fully effective in preventing cracks in the BS 360 and BS 500 fuselage frames. We are issuing this AD to detect and correct cracking of the fuselage frames from BS 360 to BS 500B, which could lead to loss of the cargo door during flight and consequent rapid decompression of the airplane. DATES: This AD becomes effective July 18, 2006. On August 9, 1993 (58 FR 36863, July 9, 1993), the Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD. ADDRESSES: You may examine the AD docket on the Internet at * http:// 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. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Howard Hall, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)917-6430; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 99-12-08, amendment 39-11192 (64 FR 31488, June 11, 1999). The existing AD applies to all Boeing Model 737-200C series airplanes. That NPRM was published in the **Federal Register** on March 30, 2006 (71 FR 16063). That NPRM proposed to require a one-time external detailed inspection for cracking of the fuselage skin in the lower lobe cargo compartment; repetitive internal detailed inspections for cracking of the frames in the lower lobe cargo compartment; repair of cracked parts; and terminating action for the repetitive internal detailed inspections. That NPRM also proposed to add a requirement to perform repetitive detailed inspections of the body station

(BS)360 and BS 500 fuselage frames, after accomplishing the terminating action, and repair if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the one comment received. The commenter, Boeing, supports the NPRM. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 90 airplanes of the affected design in the worldwide fleet. This AD will affect about 18 airplanes of U.S. registry. The modification required by AD 99-12-08, and retained in this AD, takes approximately 160 work hours per airplane to accomplish, at an average labor rate of $80 per work hour. Required parts cost about $5,500 per airplane. Based on these figures, the estimated cost of the currently required modification for U.S. operators is $329,400, or $18,300 per airplane. The new inspections will take about 3 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the new inspections specified in this AD for U.S. operators is $4,320, or $240 per airplane, per inspection cycle. 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 have 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 that 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. See the ADDRESSES section for a location to examine the regulatory evaluation. 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: 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. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-11192 (64 FR 31488, June 11, 1999) and by adding the following new airworthiness directive (AD): **2006-12-17 Boeing** : Amendment 39-14643. Docket No. FAA-2006-24245; Directorate Identifier 2005-NM-166-AD. Effective Date

(a)This AD becomes effective July 18, 2006. Affected ADs

(b)This AD supersedes AD 99-12-08. Applicability

(c)This AD applies to all Boeing Model 737-200C series airplanes, certificated in any category. Unsafe Condition

(d)This AD results from multiple reports that the modification required by AD 99-12-08 is not fully effective in preventing cracks in the body station

(BS)360 and BS 500 fuselage frames. We are issuing this AD to detect and correct cracking of the fuselage frames from BS 360 to BS 500B, which could lead to loss of the cargo door during flight and consequent rapid decompression of the airplane. 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. Restatement of Requirements of AD 99-12-08 One-Time External Detailed Inspection

(f)Prior to the accumulation of 29,000 total flight cycles or within 250 flight cycles after August 9, 1993 (the effective date AD 93-13-02, amendment 39-8615, which was superseded by AD 99-12-08), whichever occurs later, accomplish an external detailed inspection to detect cracks of the fuselage skin between stringers 19 left and 25 left and at BS 360 to BS 540, in accordance with Boeing Alert Service Bulletin 737-53A1160, dated October 24, 1991; or Boeing Service Bulletin 737-53A1160, Revision 1, dated April 29, 1993. If any crack is found, prior to further flight, accomplish the requirements of paragraphs (f)(1) and (f)(2) of this AD.

(1)Perform an internal detailed inspection to detect cracks of the frames between stringers 19 left and 25 left and at BS 360 to BS 500B, in accordance with either service bulletin.

(2)Repair all cracks in accordance with a method approved by the Manager, Seattle Aircraft Certification Office (ACO), Transport Airplane Directorate, FAA. Internal Detailed Inspections

(g)Within 3,000 flight cycles after completing the requirements of paragraph

(f)of this AD, unless accomplished within the last 6,000 flight cycles prior to August 9, 1993, perform an internal detailed inspection to detect cracks of the frames between stringers 19 left and 25 left and at body stations 360 to 500B, in accordance with Boeing Alert Service Bulletin 737-53A1160, dated October 24, 1991; or Boeing Service Bulletin 737-53A1160, Revision 1, dated April 29, 1993. Thereafter, repeat the internal detailed inspection at intervals not to exceed 9,000 flight cycles. If any crack is found during any inspection required by this paragraph, before further flight, repair as specified in paragraph (g)(1) or (g)(2) of this AD, as applicable.

(1)If any crack is found that does not exceed the limits specified in the Boeing 737 Structural Repair Manual (SRM), repair the crack in accordance with a method approved by the Manager, Seattle ACO; or in accordance with the procedures specified in paragraph (k)(4) of this AD. The SRM is one approved source of information for accomplishing the requirements of this paragraph. Repeat the internal detailed inspection thereafter at intervals not to exceed 9,000 flight cycles.

(2)If any crack is found that exceeds the limits specified in the SRM, repair the crack in accordance with a method approved by the Manager, Seattle ACO; or in accordance with the procedures specified in paragraph (k)(4) of this AD. Repeat the internal detailed visual inspection thereafter at intervals not to exceed 9,000 flight cycles. Install Doublers

(h)Prior to the accumulation of 75,000 total flight cycles, or within 3,000 flight cycles after July 16, 1999 (the effective date of AD 99-12-08), whichever occurs later, install doublers on the specified frames located between stringers 19 left and 25 left from BS 360 to BS 500B, in accordance with Boeing Service Bulletin 737-53A1160, Revision 1, dated April 29, 1993. Installing these doublers on the specified fuselage frames ends the repetitive inspections required by paragraphs

(f)and

(g)of this AD. New Requirements of This AD Repetitive Inspection of Certain Frames

(i)Within 9,000 flight cycles after accomplishing the modification required by paragraph

(h)of this AD, or within 4,500 flight cycles after the effective date of this AD, whichever occurs later, perform an internal detailed inspection to detect cracking in the fuselage frame at BS 360 and the fuselage frame at BS 500, between stringers 19 left and 25 left, in accordance with Boeing Alert Service Bulletin 737-53A1160, dated October 24, 1991; or Boeing Service Bulletin 737-53A1160, Revision 1, dated April 29, 1993. Thereafter, repeat the internal detailed inspection of the BS 360 and BS 500 frames at intervals not to exceed 9,000 flight cycles.

(j)If any crack is found during any inspection required by paragraph

(i)of this AD, before further flight, repair the crack using a method approved in accordance with the procedures specified in paragraph

(k)of this AD. Note 1: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.” Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Seattle ACO, 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 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office.

(3)AMOCs approved previously in accordance with AD 99-12-08, including AMOCs approved previously in accordance with AD 93-13-02, are approved as AMOCs for the corresponding provisions specified in paragraphs (f), (g), and

(h)of this AD.

(4)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference

(l)You must use Boeing Alert Service Bulletin 737-53A1160, dated October 24, 1991; or Boeing Service Bulletin 737-53A1160, Revision 1, dated April 29, 1993, as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents on August 9, 1993 (58 FR 36863, July 9, 1993). Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* 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 *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on June 5, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06-5287 Filed 6-12-06; 8:45 am]

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