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--- schema: federal-register doc_type: fedreg source_file: FR-2006-07-17.xml --- 71 136 Monday, July 17, 2006 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agricultural Agricultural Marketing Service PROPOSED RULES National Organic Program: Livestock; National List of Allowed and Prohibited Substances; amendments, 40624-40632 06-6103 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 40469-40470 E6-11201 E6-11202 E6-11203 Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcohol; viticultural area designations:

Alta Mesa et al., Sacramento and San Joaquin Counties, CA, 40404-40417 E6-11079 Eola-Amity Hills, Polk and Yamhill Counties, OR, 40400-40404 E6-11077 Saddle Rock-Malibu, Los Angeles County, CA, 40397-40400 E6-11076 PROPOSED RULES Alcohol; viticultural area designations: Alexander Valley, Sonoma County, CA, 40465-40468 E6-11080 Snake River Valley, ID and OR, 40458-40464 E6-11078 Coast Guard Coast Guard RULES Drawbridge operations: North Carolina, 40418-40420 E6-11274 NOTICES Agency information collection activities; proposals, submissions, and approvals, 40525-40528 E6-11167 E6-11205 E6-11206 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission RULES Foreign futures and options transactions:

Exemptions— Sydney Futures Exchange Ltd., 40395-40397 E6-11152 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 40581-40582 E6-11156 Council Council on Environmental Quality NOTICES Reports and guidance documents; availability, etc.: Environmental management systems and National Environmental Policy Act, 40520-40521 06-6251 Customs Customs and Border Protection Bureau NOTICES Committees; establishment, renewal, termination, etc.:

Commercial Operations of Customs and Border Protection and Related Homeland Security Functions Departmental Advisory Committee, 40528-40530 E6-11285 Meetings: Commercial Operations of Customs and Border Protection and Related Homeland Security Functions Departmental Advisory Committee, 40524-40525 E6-11328 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Agere Systems, Inc., 40544-40545 E6-11221 Brunswick Bowling & Billiards Corp., 40545 E6-11217 Cadence Innovation, 40545 E6-11220 Carolina Mills, Inc., 40546 E6-11216 Federated Merchandising Group, 40546-40547 E6-11225 Hexion Specialty Chemicals, Inc., 40547-40548 E6-11222 Irving Tissue Inc. et al., 40548-40549 E6-11215 James & Sons Neckwear, Inc., et al., 40549-40551 E6-11219 Magneti Marelli Powertrain USA, LLC, 40551 E6-11224 Pace Industries, 40551-40552 E6-11218 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration EPA Environmental Protection Agency RULES Air programs:

Ambient air quality standards, national— General conformity; PM2.5 de minimis emission levels, 40420-40427 E6-11241 Pesticide programs: Plant incorporated protectorants; procedures and requirements— Bacillus thuringiensis Cry1A.105 protein and genetic material necessary for production in corn; tolerance requirement exemption, 40427-40431 E6-11245 Bacillus thuringiensis Cry2Ab2 protein and genetic material necessary for production in corn; tolerance requirement exemption, 40431-40436 E6-11249 NOTICES Agency information collection activities; proposals, submissions, and approvals, 40506-40515 E6-11250 E6-11251 E6-11252 E6-11253 E6-11255 E6-11256 E6-11257 Meetings:

Science Advisory Board, 40515-40517 E6-11238 E6-11247 Reports and guidance documents; availability, etc.: Water programs— Nonpoint source pollution from hydromodification; national management measures, 40517-40519 E6-11248 Superfund; response and remedial actions, proposed settlements, etc.: Henry Wood Preserving Site, SC, 40519-40520 E6-11237 Environment Environmental Quality Council See Council on Environmental Quality Executive Executive Office of the President See Council on Environmental Quality See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Airbus, 40387-40389 06-6180 Boeing, 40391-40394 06-6152 Mitsubishi, 40389-40391 06-6179 Twin Commander Aircraft Corp., 40385-40387 06-6225 Class D and Class E airspace; correction, 40394-40395 E6-11168 PROPOSED RULES Airworthiness standards: Special conditions— Cessna Aircraft Co. Model 510 airplane; correction, 40443-40444 E6-11153 Class E airspace, 40444-40450 E6-11155 E6-11157 E6-11158 E6-11188 NOTICES Meetings: RTCA, Inc., 40577-40578 06-6243 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Membership advertisement:

New insurance logo to be used by all insured depository institutions, etc., 40440-40443 06-6261 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 40485-40491 E6-11242 E6-11243 E6-11244 Hydroelectric applications, 40491-40503 E6-11180 E6-11190 E6-11192 E6-11193 E6-11194 E6-11195 E6-11263 Preliminary permits surrender: Clover Creek Hydro, Inc., 40493 E6-11191 *Applications, hearings, determinations, etc.:* Consolidated Edison Co., 40483 E6-11264 Dow Pipeline Co., 40483 E6-11239 East Tennessee Natural Gas, LLC, 40483-40484 E6-11261 Public Utility District No. 1 of Chelan County, WA, 40484 E6-11262 Puget Sound Energy, Inc., et al., 40484-40485 E6-11200 Federal Highway Federal Highway Administration NOTICES Grants and cooperative agreements; availability, etc.:

Value Pricing Pilot Program, 40578 E6-11275 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 40521 E6-11223 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Peck's Cave amphipod and Comal Springs dryopid beetle and riffle beetle, 40588-40621 06-6182 Food Food and Nutrition Service NOTICES Food distribution programs: Donated foods national average minimum value (July 1, 2006 to June 30, 2007), 40470-40471 E6-11214 Health Health and Human Services Department NOTICES Meetings:

American Health Information Community Consumer Empowerment Workgroup, 40521-40522 06-6257 Vital and Health Statistics National Committee, 40522 06-6255 06-6256 Historic Historic Preservation, Advisory Council NOTICES Reports and guidance documents; availability, etc.: Affordable housing and historic preservation; policy statement, 40522-40524 06-6254 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 40532-40534 E6-11277 E6-11279 Public and Indian housing:

Public Housing Assessment System— Financial condition scoring process, 40534-40536 E6-11282 Reports and guidance documents; availability, etc.: Eminent domain-related activities; statutory prohibition on use of 2006 FY funds, 40634-40636 06-6258 Indian Indian Affairs Bureau PROPOSED RULES Land and water: Irrigation operation and maintenance, 40450-40458 E6-11293 NOTICES Agency information collection activities; proposals, submissions, and approvals, 40536 E6-11211 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service PROPOSED RULES Income taxes:

Designated Roth accounts Public hearing; location change, 40458 06-6260 NOTICES Agency information collection activities; proposals, submissions, and approvals, 40582-40585 E6-11294 E6-11295 E6-11296 E6-11297 E6-11298 International International Trade Administration NOTICES Antidumping: Corrosion-resistant carbon steel flat products from— Japan, 40471-40477 E6-11286 Preserved mushrooms from— China, 40477-40479 E6-11276 Meetings: President's Export Council, 40479 06-6252 International International Trade Commission NOTICES Import investigations:

Silicon metal from— Brazil and China, 40543-40544 E6-11273 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 40544 E6-11213 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Wyoming, 40536-40537 E6-10287 Meetings: Resource Advisory Councils— Northwest California, 40537 E6-11145 Minerals Minerals Management Service NOTICES Environmental statements; notice of intent:

Outer Continental Shelf— Cape Cod, MA; Cape Wind Offshore Wind Development 2007; wind park construction and operation, 40537-40538 E6-11259 Outer Continental Shelf operations: Western Gulf of Mexico— Oil and gas lease sales, 40538-40541 E6-11246 NASA National Aeronautics and Space Administration NOTICES Meetings: Aerospace Safety Advisory Panel, 40552 E6-11150 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 40552 06-6301 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Northeastern United States fisheries— Spiny dogfish, 40436-40439 E6-11134 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— U.S. Army Corps of Engineers-Jacksonville District; Port Sutton Navigation Channel, Tampa Bay, FL; bottlenose dolphins, 40479-40481 E6-11268 Meetings: Hydrographic Services Review Panel, 40481-40482 E6-11260 Marine Fisheries Advisory Committee, 40482 E6-11271 North Atlantic right whale ship strike reduction strategy; hearings, 40482-40483 E6-11272 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 40553 E6-11212 Personnel Personnel Management Office NOTICES Excepted service; positions placed or revoked, 40553-40555 E6-11233 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Parents’ Day (Proc. 8035), 40383-40384 06-6285 Reclamation Reclamation Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 40541-40542 06-6245 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 40555-40558 E6-11229 E6-11230 E6-11231 E6-11232 Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 40558-40562 E6-11227 Depository Trust Co., 40562-40564 E6-11209 International Securities Exchange, Inc., 40564-40568 E6-11204 E6-11210 E6-11228 NASDAQ Stock Market LLC, 40568-40569 E6-11207 National Association of Securities Dealers, Inc., 40569-40575 E6-11208 SBA Small Business Administration NOTICES Disaster loan areas: New Jersey, 40576-40577 E6-11144 New York, 40575-40576 E6-11148 Ohio, 40577 E6-11143 Pennsylvania, 40576 E6-11147 E6-11149 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 40542-40543 06-6247 06-6248 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Union Pacific Railroad Co., 40579 E6-11102 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Privacy Act; system of records, 40530-40532 E6-11235 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Comptroller of the Currency See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 40579-40581 E6-11146 E6-11151 Bonds, Treasury: 14 percent bonds (2006-2011); call for redemption, 40581 06-6218 Western Western Area Power Administration NOTICES Power rates:

Parker-Davis Project, 40503-40506 E6-11234 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 40588-40621 06-6182 Part III Agriculture Department, Agricultural Marketing Service, 40624-40632 06-6103 Part IV Housing and Urban Development Department, 40634-40636 06-6258 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. 71 136 Monday, July 17, 2006 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No.

FAA-2006-23785; Directorate Identifier 2006-CE-10-AD; Amendment 39-14681; AD 2006-15-01] RIN 2120-AA64 Airworthiness Directives; Twin Commander Aircraft Corporation Models 690, 690A, and 690B Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for all Twin Commander Aircraft Corporation (Twin Commander) Models 690, 690A, and 690B airplanes. This AD requires you to inspect, visually and using fluorescent dye penetrant, the support structures for the inboard and center aileron hinge fittings on both wings for cracks and replace any cracked support structure. This AD requires you to reinforce the support structures for the inboard and center aileron hinge fittings on both wings. This AD results from reports that cracks were found in the support structures for the inboard and center aileron hinge fittings on both wings. We are issuing this AD to detect and correct cracks in the support structures for the inboard and center aileron hinge fittings on both wings, which could result in aileron failure. This failure could lead to reduced controllability or loss of control of the airplane. DATES: This AD becomes effective on August 21, 2006. As of August 21, 2006, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES: For service information identified in this AD, contact Twin Commander Aircraft LLC, 19010 59th Drive Northeast, Arlington, Washington 98223, telephone:

(360)435-9797; facsimile:

(360)435-1112. To view the AD docket, go to the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on the Internet at *http://dms.dot.gov.* The docket number is FAA-2006-23785; Directorate Identifier 2006-CE-10-AD. FOR FURTHER INFORMATION CONTACT: Vince Massey, Aerospace Engineer, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, WA 98057; telephone:

(425)917-6475; facsimile:

(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion On March 10, 2006, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Twin Commander Models 690, 690A, and 690B, airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on March 16, 2006 (71 FR 13558). The NPRM proposed to require you to inspect, visually and using fluorescent dye penetrant, the support structures for the inboard and center aileron hinge fittings on both wings for cracks and replace any cracked support structure. The NPRM proposed to require you to reinforce the support structures for the inboard and center aileron hinge fittings on both wings. Comments We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections. • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 275 airplanes in the U.S. registry. We estimate the following costs to do the inspection of the support structures of the inboard aileron hinge fittings on both wings: Labor cost Parts cost Total cost for each airplane Total cost on U.S. operators 10 work-hours × $80 an hour = $800 Not applicable $800 $800 × 275 = $220,000 We estimate the following costs to do the inspection of the support structure of the center aileron hinge fittings on both wings: Labor cost Parts cost Total cost for each airplane Total cost on U.S. operators 12 work-hours × $80 an hour = $960 Not applicable $960 $960 × 275 = $264,000 We estimate the following costs to do the reinforcement to the support structures on the inboard aileron hinge fittings on both wings: Labor cost Parts cost Total cost for each airplane Total cost on U.S. operators 25 work-hours × $80 an hour = $2,000 $1,526 $2,000 + $1,526 = $3,526 $3,526 × 275 = $969,650 We estimate the following costs to do the reinforcement of the support structure of the center aileron hinge fittings on both wings: Labor cost Parts cost Total cost for each airplane Total cost on U.S. operators 50 work-hours × $80 an hour = $4,000 $551 $4,000 + $551 = $4,551 $4,551 × 275 = $1,251,525 We estimate the following costs to do any replacements of the support structures for the inboard aileron hinge fittings on both wings that may be required based on the results of the inspection. We have no way of determining the numb er of airplanes that may need this replacement: Labor cost Parts cost Total cost for each airplane 62 work-hours × $80 an hour = $4,960 $2,320 $4,960 + $2,320 = $7,280 We estimate the following costs to do any replacements of support structure for the center aileron hinge fittings on both wings that may be required based on the results of the inspection. We have no way of determining the number of airplanes that may need this replacement. Labor cost Parts cost Total cost for each airplane 176 work-hours × $80 an hour = $14,080 $3,330 $14,080 + $3,330 = $17,410 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 requirement.” 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 AD. 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 the 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 summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2006-23785; Directorate Identifier 2006-CE-10-AD” in your request. 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 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. FAA amends § 3913 by adding the following new AD: **2006-15-01 Twin Commander Aircraft Corporation:** Amendment 39-14681; Docket No. FAA-2006-23785; Directorate Identifier 2006-CE-10-AD. Effective Date

(a)This AD becomes effective on August 21, 2006. Affected ADs

(b)None. Applicability

(c)This AD affects Models 690, 690A, and 690B airplanes, all serial numbers, that are certificated in any category. Unsafe Condition

(d)This AD results from reports of cracks found in the support structures for the inboard and center aileron hinge fittings on both wings. The actions specified in this AD are intended to detect and correct cracks in the support structures for the inboard and center aileron hinge fittings on both wings, which could result in aileron failure. This failure could lead to reduced controllability or loss of control of the airplane. Compliance

(e)To address this problem, you must do the following: Actions Compliance Procedures

(1)Inspect, visually and using fluorescent dye penetrant, the support structures for the inboard and center aileron hinge fittings on both wings for cracks Within the next 150 hours time-in-service or 12 months after August 21, 2006 (the effective date of this AD), whichever occurs first Follow Twin Commander Aircraft LLC Alert Service Bulletin 236A and Alert Service Bulletin 238, both dated December 21, 2004, as applicable.

(2)If you do not find cracks during the inspection required in paragraph (e)(1) of this AD, reinforce the support structures for the inboard and center aileron hinge fittings on both wings that are crack free Before further flight after the inspection required in paragraph (e)(1) of this AD. After doing the reinforcement, no further action is required Follow Twin Commander Aircraft LLC Alert Service Bulletin 236A and Alert Service Bulletin 238, both dated December 21, 2004, as applicable.

(3)If you find cracks during the inspection required in paragraph (e)(1) of this AD, replace and reinforce the cracked support structure Before further flight after the inspection required in paragraph (e)(1) of this AD. After doing the replacement and reinforcement, no further action is required Follow Twin Commander Aircraft LLC Alert Service Bulletin 236A and Alert Service Bulletin 238, both dated December 21, 2004, as applicable. Alternative Methods of Compliance (AMOCs)

(f)The Manager, Seattle Aircraft Certification Office (ACO), FAA, ATTN: Vince Massey, Aerospace Engineer, Seattle, ACO, 1601 Lind Avenue SW., Renton, WA 98057; telephone:

(425)917-6475; facsimile:

(425)917-6590, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Material Incorporated by Reference

(g)You must do the actions required by this AD following Twin Commander Aircraft LLC Alert Service Bulletin 236A and Twin Commander Aircraft LLC Alert Service Bulletin 238, both dated December 21, 2004. The Director of the Federal Register approved the incorporation by reference of these service bulletins in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this service information, contact Twin Commander Aircraft LLC, 19010 59th Drive NE., Arlington, WA 98223, telephone:

(360)435-9797; facsimile:

(360)435-1112. To review copies of this service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* or call

(202)741-6030. To view the AD docket, go to the Docket Management Facility; US Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on the Internet at *http://dms.dot.gov* . The docket number is FAA-2006-23785; Directorate Identifier 2006-CE-10-AD. Issued in Kansas City, Missouri, on July 7, 2006. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 06-6225 Filed 7-14-06; 8:45 am]

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