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Code · REGISTER · 2006-07-25 · Federal Aviation Administration, DOT · Rules and Regulations

Rules and Regulations. Supplemental notice of proposed rulemaking; reopening of comment period

17,659 words·~80 min read·/register/2006/07/25/06-6438

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

BILLING CODE 3510-22-S 71 142 Tuesday, July 25, 2006 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2001-NM-183-AD] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model DC-8-55, DC-8F-54, and DC-8F-55 Airplanes; and DC-8-60, DC-8-70, DC-8-60F, and DC-8-70F Series Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Supplemental notice of proposed rulemaking; reopening of comment period. SUMMARY: This document revises an earlier proposed airworthiness directive (AD), applicable to certain McDonnell Douglas Model DC-8 airplanes.
That proposed AD would have required a one-time inspection for cracks of the aft fuselage skin panel at the longeron 28 skin splice; repair of any cracks detected; and reporting of the findings of the inspection to the manufacturer. This new action revises the proposed AD by removing airplanes from the applicability; and adds repetitive inspections for cracks in the same area, a one-time inspection for previous repairs, and repair if necessary. This new action also would require reporting the inspection findings to the manufacturer, and would provide optional actions for extending the repetitive inspection intervals.
The requirements proposed by this new action are intended to detect and correct cracks in the aft fuselage skin at the longeron 28 skin splice, which could lead to loss of structural integrity of the aft fuselage, resulting in rapid decompression of the airplane. This action is intended to address the identified unsafe condition. DATES: Comments must be received by August 21, 2006. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention:
Rules Docket No. 2001-NM-183-AD, 1601 Lind Avenue, SW., Renton, Washington 98057-3356. Comments may be inspected at this location between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Comments may be submitted via fax to
(425)227-1232. Comments may also be sent via the Internet using the following address: *9-anm-nprmcomment@faa.gov.* Comments sent via fax or the Internet must contain “Docket No. 2001-NM-183-AD” in the subject line and need not be submitted in triplicate. Comments sent via the Internet as attached electronic files must be formatted in Microsoft Word 97 or 2000 or ASCII text. The service information referenced in the proposed AD may be obtained from Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024). This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California. FOR FURTHER INFORMATION CONTACT: Jon Mowery, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562)627-5322; fax
(562)627-5210. SUPPLEMENTARY INFORMATION: Comments Invited Interested persons are invited to participate in the making of the proposed AD by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified above. All communications received on or before the closing date for comments, specified above, will be considered before taking action on the proposed AD. The proposals contained in this action may be changed in light of the comments received. Submit comments using the following format: • Organize comments issue-by-issue. For example, discuss a request to change the compliance time and a request to change the service bulletin reference as two separate issues. • For each issue, state what specific change to the proposed AD is being requested. • Include justification ( *e.g.* , reasons or data) for each request. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAA-public contact concerned with the substance of this proposed AD will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this action must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket Number 2001-NM-183-AD.” The postcard will be date stamped and returned to the commenter. Availability of NPRMs Any person may obtain a copy of this NPRM by submitting a request to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2001-NM-183-AD, 1601 Lind Avenue, SW., Renton, Washington 98057-33056. Discussion A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to add an airworthiness directive (AD), applicable to certain McDonnell Douglas Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43 airplanes; DC-8-50 series airplanes; DC-8F-54 and DC-8F-55 airplanes; DC-8-60 series airplanes; DC-8-60F series airplanes; DC-8-70 series airplanes; and DC-8-70F series airplanes; all with flat aft pressure bulkheads; was published as a notice of proposed rulemaking
(NPRM)in the **Federal Register** on October 8, 2003 (68 FR 58044). That NPRM would have required a one-time inspection of the aft fuselage skin panel at the longeron 28 skin splice for cracks; repair of any cracks detected; and reporting of the findings of the inspection to the manufacturer. That NPRM was prompted by a report indicating that a crack was found in the aft fuselage skin at the longeron 28 skin splice just forward of the aft pressure bulkhead. That condition, if not corrected, could lead to loss of structural integrity of the aft fuselage, resulting in rapid decompression of the airplane. Actions Since Issuance of Previous Proposal Since the issuance of that NPRM, Boeing has issued a service bulletin that addresses the unsafe condition. No service bulletin was cited as part of the actions in the original NPRM. In that NPRM we stated that the manufacturer was developing service information which could include repetitive inspections and repairs. The manufacturer has now released that service bulletin and this supplemental NPRM results from that new service information. In addition, we received one comment regarding the procedures in the original NPRM. Due consideration has been given to the one comment received in response to the NPRM. Request To Withdraw the NPRM UPS requests that we withdraw the original NPRM because it believes the one crack it found in its fleet was an isolated incident that does not indicate an unsafe condition exists for the remaining fleet. We disagree. Since the original NPRM was released, two other operators reported cracks in the same area. We have not changed the supplemental NPRM in this regard. Explanation of Relevant Service Information We have reviewed Boeing Alert Service Bulletin DC8-53A080, dated June 22, 2004. This service bulletin describes procedures for a one-time visual inspection to determine if there are previous repairs of the aft fuselage skin panel at the longeron 28 skin splice. For areas that have not been previously repaired, the service bulletin describes procedures for repetitive general visual inspections and high-frequency eddy current
(HFEC)inspections for discrepancies of the unrepaired areas; and repair if necessary. Discrepancies can include distortion, damage, cracks, corrosion, and loose parts. The service bulletin specifies doing the inspections at longeron 28 between the bolted connection of the tail section to forward of the flat aft pressure bulkhead, on both the left and right sides. The service bulletin gives operators options for three HFEC inspection types: HFEC magneto-optic/eddy current imager, HFEC surface probe, and HFEC sliding probe. The service bulletin also describes procedures for related investigative and corrective actions if necessary. The related investigative action is a visual inspection for cracks of fasteners adjacent to detected skin cracks. The corrective action is replacing failed fasteners or repairing the skin crack locally, as applicable. The service bulletin also describes procedures for reporting inspection findings to the manufacturer. For areas that have been previously repaired, the service bulletin specifies that operators should remove the previous repairs within 2 years after the general visual inspection, and install a local repair in accordance with Boeing DC-8 Service Rework Drawing SR08530032, dated January 13, 2004, including Boeing Parts List PL SR08530032, dated January 7, 2004, Boeing Advance Engineering Order, Advanced Drawing Change A, dated April 1, 2004, and Boeing Engineering Order, dated January 13, 2004; or contact Boeing for disposition. Installing a full-length preventive modification, doing a full-length repair, or doing a local repair, terminates the repetitive inspections specified in this supplemental NPRM for un-repaired areas. After installing the preventive modification, full-length repair, or local repair, the service bulletin specifies repetitive external visual, general visual, HFEC, or low-frequency eddy current inspections, as applicable, for discrepancies of the repaired areas, along all four edges of the doubler. The service bulletin specifies doing the repetitive inspections in accordance with the service rework drawing or the service bulletin, as applicable; and repairing any discrepancy in accordance with the service rework drawing or the service bulletin, as applicable. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition. Difference Between Supplemental NPRM and Service Bulletin The service bulletin specifies to contact the manufacturer for instructions on how to repair certain conditions, but this supplemental NPRM would require repairing those conditions in one of the following ways: • Using a method that we approve; or • Using data that meet the certification basis of the airplane, and that have been approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization whom we have authorized to make those findings. Reporting Requirements This supplemental NPRM would require that operators report the positive results of the inspections to the FAA. Because the cause of the cracking is not known, these required inspection reports will help determine the extent of the cracking in the affected fleet. Based on the results of these reports, we may determine that further corrective action is warranted. Explanation of Changes to Applicability We have revised the applicability of the original NPRM to exclude certain airplanes. McDonnell Douglas Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC-8-32, DC-8-33, DC-8-41, DC-8-42, and DC-8-43 airplanes; and certain DC-8-50 series airplanes; were included in the original NPRM. We have determined that these airplanes are not subject to the unsafe condition addressed by this proposed AD. Boeing's service bulletin further defines the airplane models that are affected by this proposed AD. We have also revised the applicability of the original NPRM to identify model designations as published in the most recent type certificate data sheet for the affected models. Explanation of Additional Changes Made to the NPRM Boeing Commercial Airplanes has received a Delegation Option Authorization (DOA). We have revised this action to delegate the authority to approve an alternative method of compliance for any repair required by this AD to an Authorized Representative for the Boeing Commercial Airplanes DOA rather than a Designated Engineering Representative (DER). We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved Alternative Method of Compliance
(AMOC)on any airplane to which the AMOC applies. After the original NPRM was issued, we reviewed the figures we have used over the past several years to calculate AD costs to operators. To account for various inflationary costs in the airline industry, we find it necessary to increase the labor rate used in these calculations from $65 per work hour to $80 per work hour. The cost impact information, below, reflects this increase in the specified hourly labor rate. Clarification of Inspection Language Where the Accomplishment Instructions of the Boeing service bulletin specify doing a visual inspection, this supplemental NPRM calls that inspection a “general visual inspection.” A definition of a general visual inspection is included in a note in the regulatory text. Conclusion Since these changes expand the scope of the originally proposed AD, the FAA has determined that it is necessary to reopen the comment period to provide additional opportunity for public comment. Cost Impact There are approximately 508 airplanes of the affected design in the worldwide fleet. The FAA estimates that 244 airplanes of U.S. registry would be affected by this proposed AD, that it would take between 2 and 4 work hours per airplane to do the initial inspection to see if a doubler is installed, and that the average labor rate is $80 per work hour. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be between $39,040 and $78,080, or between $160 and $320 per airplane. The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the proposed requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. 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 Impact The regulations proposed herein would 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 proposal would not have federalism implications under Executive Order 13132. For the reasons discussed above, I certify that this proposed regulation
(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)if promulgated, 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 copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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 adding the following new airworthiness directive: **McDonnell Douglas:** Docket 2001-NM-183-AD. *Applicability:* McDonnell Douglas Model DC-8-55, DC-8F-54, DC-8F-55, DC-8-61, DC-8-62, DC-8-63, DC-8-61F, DC-8-62F, DC-8-63F, DC-8-71, DC-8-72, DC-8-73, DC-8-71F, DC-8-72F, and DC-8-73F airplanes; certificated in any category; as identified in Boeing Alert Service Bulletin DC8-53A080, dated June 22, 2004. *Compliance:* Required as indicated, unless accomplished previously. To detect and correct cracks in the aft fuselage skin at the longeron 28 skin splice, which could lead to loss of structural integrity of the aft fuselage, resulting in rapid decompression of the airplane; accomplish the following: One-Time Inspection for Previous Repairs
(a)For all airplanes: At the applicable time in paragraph (a)(1) or (a)(2) of this AD, do a general visual inspection to determine if there are previous repairs of the aft fuselage skin panel at the longeron 28 skin splice; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin DC8-53A080, dated June 22, 2004. Then do the applicable actions in paragraphs
(b)and
(c)of this AD.
(1)For airplanes that have accumulated fewer than 24,000 total flight cycles as of the effective date of this AD: Within 24 months after the effective date of this AD or prior to accumulating 24,000 total flight cycles, whichever occurs later.
(2)For airplanes that have accumulated 24,000 total flight cycles or more as of the effective date of this AD: Within 12 months after the effective date of this AD. Note 1: For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.” Repetitive Inspections for Areas That Do Not Have a Previous Repair
(b)For areas that do not have a previous repair: Before further flight after the initial inspection in paragraph
(a)of this AD, do general visual and high-frequency eddy current
(HFEC)inspections for discrepancies of the unrepaired areas at longeron 28 between the bolted connection of the tail section to forward of the flat aft pressure bulkhead, on both the left and right sides, and do all applicable related investigative and corrective actions before further flight. Do all actions in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin DC8-53A080, dated June 22, 2004. Repeat the inspections thereafter at intervals not to exceed 2,000 flight cycles until an optional action in paragraph
(d)of this AD is accomplished. Repetitive Inspections and Repair for Areas That Have a Previous Repair
(c)For areas that have a previous repair: Within 24 months after accomplishing the initial inspection in paragraph
(a)of this AD, remove the previous repair(s), and install a local repair, in accordance with Boeing DC-8 Service Rework Drawing SR08530032, dated January 13, 2004, including Boeing Parts List PL SR08530032, dated January 7, 2004, Boeing Advance Engineering Order, Advanced Drawing Change A, dated April 1, 2004, and Boeing Engineering Order, dated January 13, 2004. Do the inspections in paragraph
(d)of this AD thereafter at the applicable interval time specified in paragraph (d)(1) or (d)(2) of this AD. Optional Actions, Extended Repetitive Inspection Intervals
(d)Installing a full-length preventive modification, doing a full-length repair, or doing a local repair, in accordance with Boeing DC-8 Service Rework Drawing SR08530032, dated January 13, 2004, including Boeing Parts List PL SR08530032, dated January 7, 2004, Boeing Advance Engineering Order, Advanced Drawing Change A, dated April 1, 2004, and Boeing Engineering Order, dated January 13, 2004, ends the repetitive inspection intervals in paragraph
(b)of this AD; repeat the inspection thereafter at the applicable interval in paragraph (d)(1) or (d)(2) of this AD.
(1)For airplanes that have internal finger doublers: Within 30,000 flight cycles after doing the optional action, do general visual and HFEC inspections for discrepancies of the unrepaired areas at longeron 28 between the bolted connection of the tail section to forward of the flat aft pressure bulkhead, on both the left and right sides, and do all applicable related investigative and corrective actions before further flight. Do all actions in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin DC8-53A080, dated June 22, 2004. Repeat the inspections thereafter at intervals not to exceed 5,000 flight cycles.
(2)For airplanes that do not have internal finger doublers: Use the applicable intervals and inspections in paragraph (d)(2)(i) or (d)(2)(ii) of this AD.
(i)For repairs (full-length preventive modification, doing a full-length repair, or doing a local repair) that are 12 inches or less along the longeron: Within 15,000 flight cycles after doing the optional action, use only the external general visual inspection method for discrepancies of the unrepaired areas at longeron 28 between the bolted connection of the tail section to forward of the flat aft pressure bulkhead, on both the left and right sides, and do all applicable related investigative and corrective actions before further flight. Do all actions in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin DC8-53A080, dated June 22, 2004. Repeat the external general visual inspection thereafter at intervals not to exceed 5,000 flight cycles.
(ii)For repairs (full-length preventive modification, doing a full-length repair, or doing a local repair) that are more than 12 inches in length along the longeron: Within 15,000 flight cycles after doing the optional action, use only the low-frequency eddy current
(LFEC)inspection method for cracks of the unrepaired areas at longeron 28 between the bolted connection of the tail section to forward of the flat aft pressure bulkhead, on both the left and right sides, and do all applicable related investigative and corrective actions before further flight. Do all actions in accordance with Boeing DC-8 Service Rework Drawing SR08530032, dated January 13, 2004, including Boeing Parts List PL SR08530032, dated January 7, 2004, Boeing Advance Engineering Order, Advanced Drawing Change A, dated April 1, 2004, and Boeing Engineering Order, dated January 13, 2004. Repeat the LFEC inspection thereafter at intervals not to exceed 10,000 flight cycles, using only LFEC inspection outward along all four edges of the doubler. Reporting of Results
(e)Submit a report of positive findings of the inspections required by paragraph
(b)and
(d)of this AD to Boeing Commercial Airplanes, Manager, Structure/Payloads, Technical and Fleet Support, Service Engineering/Commercial Aviation Services, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, at the applicable time specified in paragraph (e)(1) or (e)(2) of this AD. The report must include the inspection results, a description of any discrepancies found, the airplane fuselage number, and the total number of landings and flight hours on the airplane. Information collection requirements contained in this AD have been approved by the Office of Management and Budget
(OMB)under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 *et seq.* ) and have been assigned OMB Control Number 2120-0056.
(1)For airplanes on which the inspection is accomplished after the effective date of this AD: Submit the report within 30 days after performing the inspection.
(2)For airplanes on which the inspection was accomplished prior to the effective date of this AD: Submit the report within 30 days after the effective date of this AD. Alternative Methods of Compliance (AMOCs) (f)(1) In accordance with 14 CFR 39.19, the Manager, Los Angeles Aircraft Certification Office (ACO), FAA, is authorized to approve AMOCs for this AD.
(2)Before using any AMOC approved in accordance with § 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)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, Los Angeles ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane and 14 CFR 25.571, Amendment 45, and the approval must specifically refer to this AD. Issued in Renton, Washington, on July 18, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-11805 Filed 7-24-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25437; Directorate Identifier 2006-NM-136-AD] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)for all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. This proposed AD would require modifying the nose landing gear. This proposed AD results from reports of loss of the nose wheel assembly. We are proposing this AD to prevent the nose wheel nut from loosening, and consequently, the nose wheel assembly detaching from the airplane; and to prevent the nose wheel clamping loads from applying to the machined radius at the root of the stub axle, which could result in damage to the nose landing gear. DATES: We must receive comments on this proposed AD by August 24, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, Washington, DC 20590. • *Fax:*
(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171, for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1175; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “FAA-2006-25437; Directorate Identifier 2006-NM-136-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the 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 DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion The European Aviation Safety Agency (EASA), which is the airworthiness authority for the European Union, notified us that an unsafe condition may exist on all BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ airplanes. The EASA advises that there have been reports of loss of the nose wheel assembly on in-service airplanes. Investigation revealed that the nose wheel axle spacers were installed incorrectly, which prevents the wheel attachment nut from being locked onto the axle shaft. This condition, if not corrected, could result in the nose wheel nut loosening, and consequently, the nose wheel assembly detaching from the airplane; or could result in the nose wheel clamping loads applying to the machined radius at the root of the stub axle, which could result in damage to the nose landing gear. Relevant Service Information BAE Systems (Operations) Limited has issued Modification Service Bulletin 32-174-70676A, dated February 21, 2006. The modification service bulletin describes procedures for modifying the nose landing gear. The modification involves removing and installing modified nose wheel axle spacers on the nose landing gear. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The EASA mandated the service information and issued airworthiness directive 2006-0137, dated May 23, 2006, to ensure the continued airworthiness of these airplanes in the European Union. The modification service bulletin refers to Messier-Dowty Service Bulletin 146-32-161, dated March 2, 2005, as an additional source of service information for accomplishing the modification. FAA's Determination and Requirements of the Proposed AD These airplane models are manufactured in the United Kingdom and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. As described in FAA Order 8100.14A, “Interim Procedures for Working with the European Community on Airworthiness Certification and Continued Airworthiness,” dated August 12, 2005, the EASA has kept the FAA informed of the situation described above. We have examined the EASA's findings, evaluated all pertinent information, and determined that we need to issue an AD for airplanes of this type design that are certificated for operation in the United States. Therefore, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously. Costs of Compliance This proposed AD would affect about 53 airplanes of U.S. registry. The proposed actions would take about 2 work hours per airplane, at an average labor rate of $80 per work hour. The manufacturer states that it will supply required parts to the operators at no cost. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $8,480, or $160 per airplane. 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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 the proposed regulation: 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 regulatory evaluation of the estimated costs to comply with this proposed 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, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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 adding the following new airworthiness directive (AD): **BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft):** Docket No. FAA-2006-25437; Directorate Identifier 2006-NM-136-AD. Comments Due Date
(a)The FAA must receive comments on this AD action by August 24, 2006. Affected ADs
(b)None. Applicability
(c)This AD applies to all BAE Systems (Operations) Limited Model BAe 146-100A, -200A, and -300A series airplanes; and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in any category. Unsafe Condition
(d)This AD results from reports of loss of the nose wheel assembly. We are issuing this AD to prevent the nose wheel nut from loosening, and consequently, the nose wheel assembly detaching from the airplane; and to prevent the nose wheel clamping loads from applying to the machined radius at the root of the stub axle, which could result in damage to the nose landing gear. 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. Modification
(f)Within 12 months after the effective date of this AD, modify the nose landing gear in accordance with the Accomplishment Instructions of BAE Systems (Operations) Limited Modification Service Bulletin 32-174-70676A, dated February 21, 2006. Note 1: BAE Systems (Operations) Limited Modification Service Bulletin 32-174-70676A refers to Messier-Dowty Service Bulletin 146-32-161, dated March 2, 2005, as an additional source of service information for accomplishing the modification. Note 2: BAE Systems (Operations) Limited Modification Service Bulletin 32-174-70676A refers to the abutment ring as a spacer. Airplane Maintenance Manual
(AMM)32-42-17 401 identifies this part as an abutment ring (item 4). Item 3 of the AMM is identified as a spacer but this is not the part described in the modification service bulletin. No Reporting
(g)Although the service bulletin referenced in this AD specifies to submit certain information to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, 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 § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information
(i)European Aviation Safety Agency
(EASA)airworthiness directive 2006-0137, dated May 23, 2006, also addresses the subject of this AD. Issued in Renton, Washington, on July 17, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-11806 Filed 7-24-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF COMMERCE National Telecommunications and Information Administration 47 CFR Chapter III [Docket Number: 060512129-6129-01] RIN 0660-AA16 Implementation and Administration of a Coupon Program for Digital-to-Analog Converter Boxes AGENCY: National Telecommunications and Information Administration, Commerce. ACTION: Notice of proposed rulemaking and request for comment. SUMMARY: The National Telecommunications and Information Administration
(NTIA)proposes to implement and administer a program to provide $40 coupons to consumers for use towards the purchase of digital-to-analog converter boxes. Congress mandated the coupon program in Title III of the Deficit Reduction Act of 2005. The converter boxes are necessary for consumers who wish to continue receiving broadcast programming over the air using analog-only televisions after February 18, 2009—the date that full-power televisions stations are required to cease analog broadcasting. Without converter boxes, consumers with analog-only television sets will be unable to view full-power television broadcasts unless they purchase digital television sets or subscribe to cable or satellite service. DATES: Comments must be submitted by 5 p.m. EDT, no later than September 25, 2006. ADDRESSES: Comments via mail should be submitted to: Milton Brown, Office of the Chief Counsel, National Telecommunications and Information Administration, 1401 Constitution Avenue, Room 4713, Washington, DC 20230. Comments may also be sent by facsimile to
(202)501-8013. Electronic comments may be submitted to *coupon@ntia.doc.gov* or to Regulations.gov at *www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Milton Brown at
(202)482-1816. SUPPLEMENTARY INFORMATION: I. Background A. Overview In this Notice of Proposed Rulemaking (NPRM), NTIA seeks comment on ways to implement the digital-to-analog converter box coupon program pursuant to the Digital Television Transition and Public Safety Act of 2005 (the Act). 1 1 *See* Title III of the Deficit Reduction Act of 2005, Pub. L. 109-171, 120 Stat. 4, 21 (Feb. 8, 2006). The Act, among other things, requires the Federal Communications Commission
(FCC)to require full-power television stations to cease analog broadcasting by February 18, 2009. Recognizing that consumers may wish to continue receiving broadcast programming over the air using analog-only televisions not connected to cable or satellite service, the Act authorizes NTIA to create a digital-to-analog converter box assistance program. Specifically, Section 3005 of the Act authorizes the Assistant Secretary for Communications and Information to “implement and administer a program through which households in the United States may obtain coupons that can be applied toward the purchase of digital-to-analog converter boxes.” NTIA is proposing these regulations to implement the requirements of the Act. B. Summary of Relevant Provisions of the Act Section 3002 of the Act amends the Communications Act of 1934 to direct the FCC to terminate analog television licenses for full power stations and to require all full-power Class A television stations in the digital television service to broadcast in the radio spectrum between 54 and 698 MHz, by February 18, 2009. Section 3003 of the Act directs the FCC to begin an auction of returned analog television spectrum no later than January 28, 2008 and to deposit auction proceeds into a fund established by the Act no later than June 30, 2008. The returned analog television spectrum to be auctioned is the band between 698 and 806 MHz, except for the 24 megahertz that has been reserved for public safety uses and certain other frequencies that have already been made available through auction. Section 3004 of the Act establishes a new Treasury fund to be known as the Digital Television Transition and Public Safety Fund (Fund). It directs the receipts from the FCC's analog spectrum return auction to be deposited into the Fund. Specific to this NPRM, section 3005 of the Act directs NTIA to implement and administer a program through which eligible U.S. households may obtain a maximum of two coupons of $40 each to be applied towards the purchase of a digital-to-analog converter box. The Act defines the term “converter box” to mean a stand-alone device used solely for digital-to-analog conversion. 2 The Act does not define “eligible household.” To implement the coupon program, the Act authorizes NTIA to use up to $990 million from the Fund for the program, including $100 million for program administration. NTIA is also authorized to expend up to $1.5 billion for the program, including $160 million for administration, upon a 60-day notice and certification to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that the $990 million is insufficient to fulfill coupon requests for eligible U.S. households. 3 This section also authorizes NTIA, beginning on October 1, 2006, to borrow not more than $1.5 billion from the Treasury to implement the program. NTIA, however, must reimburse the Treasury for this amount, without interest, as recovered analog television spectrum auction proceeds are deposited into the Fund. 2 Section 3005(d) provides that the term “digital-to-analog converter box” means “a stand-alone device that does not contain features or functions except those necessary to enable a consumer to convert any channel broadcast in the digital television service into a format that the consumer can display on television receivers designed to receive and display signals only in the analog television service, but may also include a remote control device.” 120 Stat. at 24. 3 *See supra* note 1 at Section 3005(c)(3). II. Proposed Rules and Request for Comment NTIA recognizes that there will be a number of solutions, including market based solutions, to address potential disruption of television service resulting from the analog to digital transition. Many consumers will neither need nor want a coupon to purchase a converter box. For example, many households that are now receiving over-the-air analog television signals will have purchased digital receivers by the time that analog broadcasting ends. We also assume that many households that currently receive over-the-air television transmissions will begin receiving digital service through one of the multichannel video programming distributors, such as cable or satellite service. Therefore, we consider this coupon program to represent one of a number of solutions to accommodate consumers once analog broadcasting ends. A. Eligible U.S. Households NTIA proposes that a “television household” is a “household” with at least one television. A “household” consists of all persons who currently occupy a house, apartment, mobile home, group of rooms, or single room that is occupied as separate living quarters and has a separate U.S. postal address. 4 An eligible household address shall not be a post office box. 4 This definition is based on the definitions of “household” and “housing unit” used by the U.S. Census Bureau. *See* U.S. Census Bureau, *http//www.census.gov* (Current Population Survey—Definitions and Explanations); *see also* “Digital Broadcast Television Transition: Several Challenges Could Arise in Administering a Subsidy Program for DTV Equipment,” GAO-05-623T (May 26, 2005) (GAO Challenges Report) at 10 (discussion on eligibility criteria for low-income households). The Act and its legislative history indicate that the coupon program is not intended to cover every television in every household in the United States. The legislative history provides that the coupon program is intended to help consumers who wish to continue receiving broadcast programming over-the-air using analog only televisions not connected to cable or satellite. 5 The legislative history also notes that as of June 2004, only 14.86 percent of U.S. television households relied exclusively on over-the-air transmission. 6 Furthermore, the Act limits the number of coupons per U.S. household to only two. 7 As a result, NTIA proposes to define those U.S. television households that will be eligible to participate in the coupon program as those households that only receive over-the-air television signals using analog-only television receivers. In other words, households that receive cable or satellite television service would not be eligible even if they have one or more analog-only television receivers not connected to such service. 5 H.R. REP. NO. 109-362, at 201
(2005)(Conf. Rep.). 6 *Id* . 7 *See* Section 3005(c)(1)(A) of the Act, 120 Stat. at 23 (titled “Two-per-household maximum” provides that “[t]he Assistant Secretary shall ensure that each requesting household receives, via the United States Postal Service, no more than two coupons”). We invite comment on any other eligibility factors that NTIA should consider. For example, should NTIA consider economic need in the eligibility requirements for coupons? If so, how should “economic need” be determined? Should we propose a rule to make coupons available only to households with an income based on a poverty threshold? For example, should we distribute coupons only to those households with an annual income of $19,806 or below—the U.S. Census Bureau's poverty threshold for a family of four? 8 Should we consider some other income level as a basis for eligibility for this program? We note that neither the Committee of Conference's Joint Explanatory Statement (the Manager's report) includes such a requirement regarding economic need or other factors that might be related to a household's eligibility to receive coupons. 8 *See* U.S. Census Bureau's Poverty Thresholds for 2005, *http://www.census.gov/hhes/www/poverty/threshld/thresh05.html.* Depending on the demand for the coupons, it is possible that the number of requests for coupons may exceed the total dollar amount provided by the Act. If the number of requests exceeds $990,000,000 as specified in the Act, NTIA is authorized to request additional funds from the appropriate Congressional committees, as required by the Act. 9 Recognizing that the additional funding, which cannot exceed $1,500,000,000, may still be insufficient to administer the program, NTIA proposes to fulfill valid coupon requests on a first-come, first-served basis until funds devoted to this program have been spent. Are there other factors NTIA should consider in distributing coupons if the number of requests exceeds the number of coupons available? On the other hand, if the demand for coupons is low, should NTIA consider expanding its eligibility requirements? 9 *See supra* note 3. B. Coupon Value and Use Restrictions The Act states that the value of each coupon shall be $40. 10 We recognize that the cost of a converter box may be greater than $40. NTIA proposes to issue $40 coupons that can be redeemed only at a certified retailer when purchasing an eligible converter box. To keep track of the number of coupons issued, used and redeemed, as well as to minimize fraud and counterfeiting, NTIA intends to place identifying serial numbers on the coupons. NTIA invites comment on this proposal and other fraud prevention methods that are available or are currently being used. For example, instead of a paper coupon, should NTIA consider using an electronic coupon card? 10 Sec. 3005(c)(4), 120 Stat. at 24. The Act also states that the “[t]wo coupons may *not* be used in combination, toward the purchase of a single digital-to-analog converter box.” 11 As a result, NTIA proposes that each individual coupon be restricted for the purchase of one digital-to-analog converter box and that a coupon holder cannot use two coupons in combination toward the purchase of a single digital-to-analog converter box. To prevent fraud, NTIA proposes to prohibit a coupon holder from returning a converter box to a retailer for a cash refund or for credit towards the purchase of another item. NTIA proposes to permit the even exchange for another certified converter box in the event of defective or malfunctioning equipment. NTIA also proposes similar restrictions on participating retailers elsewhere in the rules. NTIA invites comment on these proposed rules. 11 *See* Sec. 3005(c)(1)(B) of the Act, 120 Stat. at 23 (emphasis added). C. Application Process The Act states that a household may obtain coupons by making a request between January 1, 2008 and March 31, 2009. 12 NTIA proposes to require consumers to request coupons by submitting an application in accordance with the eligibility criteria and procedures provided in this proposed rule. As part of the application process, NTIA proposes to require applicants to submit the following:
(1)Name;
(2)address;
(3)the number of coupons that they require;
(4)a certification that they only receive over-the-air television signals using an analog-only
(NTSC)television receiver; and
(5)a certification that no other member of the household has or will apply for a coupon. NTIA proposes to commence the application period on January 1, 2008 and conclude on March 31, 2009. 12 *See id.* at Sec. 3005(c)(1)(A). The Act limits coupon distribution to two coupons per household and requires the Assistant Secretary of Communications and Information to ensure that the requesting households receive the coupons via the United States Postal Service. 13 As stated above, NTIA proposes a rule through which an eligible U.S. television household that requests coupons must certify that it only receives over-the-air television signals using an analog-only
(NTSC)television receiver, and that they receive only over-the-air transmissions in analog format, and that they do not receive service from a multichannel video program distributor such as a cable or satellite service. As part of the certification process, the applicant household must request the specific number of coupons that it requires, not to exceed two. An applicant household requesting more than one coupon must certify that it has more than one analog-only
(NTSC)television receiver. If an applicant fails to specify the number of coupons that they require, that applicant will only receive one coupon. Once certified, the requested coupon(s) will be sent via the United States mail. Regardless of the manner or the type information being collected as part of the application process, NTIA intends to protect all such information consistent with applicable law including, but not limited to, the Privacy Act of 1974. 14 13 *See supra,* note 5. 14 5 U.S.C. 552a. NTIA intends to make application forms widely available. NTIA intends to allow potential applicants to request forms through the mail, via telephone, and over the Internet. NTIA places the highest priority on designing an application system that prevents waste, fraud, and abuse. As such, NTIA intends to utilize a computer based application system which prevents duplicate requests for coupons and other potential abuses of the program by households. NTIA seeks comment on ways to prevent waste, fraud, and abuse in the application process. The legislative history of the Act expresses an expectation that NTIA will use electronic media and networks to make aspects of the program more efficient. 15 To that end, NTIA proposes to permit consumers to request, submit and track applications over the Internet. We invite comment on our proposal to permit consumers to submit electronic applications. 15 H.R. Rep. 109-362 at 202 (2005 (Conf. Rep.)). D. Coupon Expiration The Act states that all coupons will expire three months after issuance. NTIA proposes to print an expiration date on each coupon. NTIA also proposes that the expiration date will be three months after the coupon's issuance date, which would be the date upon which the coupon is placed in the U.S. mail. Consumers will not be able to redeem a coupon to purchase a converter box after the expiration date printed on a coupon and retailers will not be able to accept coupons for converter box purchases after their expiration date. NTIA believes that an expiration date will encourage consumers to obtain the necessary converter boxes in a timely manner. Moreover, a specified expiration date will reduce opportunities for waste, fraud, and abuse and provide greater efficiency and certainty in administering the program. We seek comment on this proposed rule and also on whether other options for addressing the expiration requirement are available. For example, should NTIA define the issuance date to be the date upon which a consumer receives a coupon? If so, how would NTIA calculate the expiration date of a coupon? Or should NTIA assume that the average delivery of a first class letter is two to three days and thus define the issuance date to be three days after the coupon is placed in the U.S. mail? E. Digital-to-Analog Converter Box The Act defines the term “digital-to-analog converter box” (converter box) as “a stand-alone device that does not contain features or functions except those necessary to enable a consumer to convert any channel broadcast in the digital television service into a format that the consumer can display on television receivers designed to receive and display signals only in the analog television service, but may also include a remote control device.” It is our understanding that a converter box as defined by the Act is currently not commercially available, at least on a widespread basis. Ideally, a converter box should be able to receive digital broadcast signals in the same receiving configuration ( *e.g.* , same household antenna, same location) as used for the existing analog reception. We note, however, recent GAO congressional testimony indicating that antenna reception of digital signals may vary based on a household's geography and other factors. 16 16 *See* GAO Challenges Report *supra,* note 7. For purposes of the coupon program, NTIA proposes certain standards for a minimum-capabilities converter box that simply converts an Advanced Television Systems Committee
(ATSC)terrestrial digital broadcasting signal to the analog National Television Standards Committee
(NTSC)format. The digital converter box should be able to receive, render and display usable pictures and sound from high definition as well as standard definition broadcast; however, the converter box would not be required to render pictures and sound at more than standard definition quality. Specifically, the converter box should be capable of receiving, decoding and presenting video and audio from digital television transmissions as specified in FCC Part 73 and ATSC Standards A/52A, A/53C, and A/65B. 17 NTIA proposes to take into consideration the cost ( *i.e.,* inexpensive but meets the ATSC Recommended Practice: Receiver Performance Guidelines standard (A/74) of the converter box as well as the ease of installation and operation. Specifically, NTIA proposes the following characteristics in certifying a converter box: 17 *See* 47 CFR 73.682(d); ATSC Standards A/52A, *Digital Audio Compression (AC-3),* A/53C, *Digital Television Standard,* and A/65A, *Program and System Information Protocol for Terrestrial Broadcast and Cable.*
(a)Appropriately processes all ATSC radio frequency
(RF)signals provided to the antenna-only input and then provides output signals in standard definition video for display on an NTSC television receiver/monitor;
(b)Delivers NTSC composite video and stereo audio to drive NTSC monitors;
(c)Delivers Channel 3 or 4 switchable
(NTSC)RF output for television receivers;
(d)Complies with FCC requirements for Closed Captioned, Emergency Alert System
(EAS)and the required parental controls;
(e)Operable by and includes a remote control; and
(f)Tunes to all television channels 2-69. NTIA proposes to accept certification for converter boxes that are capable of only receiving over-the-air broadcast signals for display over analog-only
(NTSC)receivers/monitors to firmly control the nature of the input and output signals and connectors on the box. The only input of the converter box shall be for an external antenna. The outputs shall be channel 3 or 4 (NTSC modulated signals), composite video (NTSC baseband), and audio (stereo). The single input (Type F connector) ensures that only an antenna can be connected to eligible boxes thus ensuring use of such boxes as for over-the-air television reception only. The channel 3 or 4 analog output (Type F connector) ensures that older style NTSC analog television receivers can be connected to eligible boxes. The composite video and stereo audio (all three RCA connectors) ensures that other NTSC analog television monitors can also connect to the boxes. We seek comment on these characteristics that we propose to use to certify converter boxes and on other characteristics we should consider as well. NTIA proposes to require manufacturers to self-certify that the converter boxes meet the standards outlined in the rules. NTIA reserves the right to test the converter boxes that have been self-certified by the manufacturer to ensure that they meet those standards. We also invite comment on whether there are existing industry or government organizations engaged in activities that can help speed the development of testing/certification processes within the allowed time frame of this program? For purposes of this program, we interpret the Act's definition to mean that a digital-to-analog converter box is not a digital cable television box. Therefore, we do not propose to accept self-certifications for a digital cable television box. We also do not intend to accept certifications for converter boxes that have features beyond those necessary to convert an ATSC digital signal to an analog NTSC format. We invite comment on the appropriate minimum technical capabilities for converter boxes. We also seek comment on the extent we should consider certain standards, such as energy standards, in determining the type of converter box that would be eligible for this program. 18 How would these standards affect this program? 18 *See e.g.,* Cal. Code Regs, tit. 20, section 1605 (2004). Finally, NTIA is seeking comments on how the converter boxes eligible for participation in the coupon program should be identified for the consumer. Should NTIA print a list of approved converter boxes on the coupons or on information sent with the coupons? Should NTIA maintain an Internet Web site listing approved converter boxes? Should it be left to the retailer to inform consumers which converter boxes are eligible for the coupon through the retailers advertising or at placards at point of sale? F. Retailer Certification Participation by retailers in this program is voluntary. Retailers that choose to participate will not be compensated by NTIA. We propose to permit consumers to redeem coupons at retailers that have established production and distribution channels and who have demonstrated that they can redeem coupons expeditiously and efficiently. We note that retailers are also typically familiar with coupon programs and have systems in place to process coupons. We are also interested in retailers that can handle converter box purchases with the coupons via mail, phone or the Internet-based sales. We propose to institute a process for retailers through which they must certify, under penalty of law, that they:
(1)Provide information to customers about the necessity for and the installation of a converter box;
(2)have in place systems that can be easily audited as well as systems that have the ability to prevent fraud and abuse in the coupon program;
(3)are willing to be audited at any time during the course of the coupon program;
(4)have the ability to electronically provide NTIA with sales information related to coupons used in the purchase of converter boxes, specifically tracking each serialized coupon by number with a corresponding certified converter box purchase; and
(5)will only submit coupons for redemption as a result of purchases made for converter boxes certified by NTIA. NTIA also proposes to require retailers to adhere to and enforce coupon restrictions contained in the Act such as prohibiting coupon holders from using two coupons in combination towards the purchase of a single digital-to-analog converter box. We will require retailers to prohibit consumers from using coupons to purchase any device other than a converter box certified pursuant to this rulemaking. Moreover, we expect retailers to have in place a system that prevents consumers from returning a converter box to the retailer for a cash refund or for credit towards the purchase of another item. In other words, a coupon holder is limited to an even exchange of one certified converter box for another. NTIA proposes to require retailers to submit coupons or coupon information to NTIA for redemption within 30 days after the coupon has been used to purchase a converter box. NTIA also proposes to require retailers to retain hard copies of sales information related to converter boxes purchased with coupons for one year. We seek comment on ways to prevent waste, fraud and abuse in the process by which retailers accept and process coupons. As part of the certification process, NTIA intends to inform retailers of the coupon program's details and their rights and obligations, including their obligations to honor all valid coupons that are tendered in the authorized manner. NTIA proposes to reimburse retailers within 60 days after receiving sales information related to converter boxes purchased with coupons. NTIA also proposes to review and resolve any allegation by the retailer that it was improperly denied reimbursement for a valid coupon properly tendered and accepted pursuant to the rules. We request comment on our proposed rule with respect to the self-certification process and other rights and responsibilities identified for retailers. NTIA places the highest priority on creating a coupon redemption process that prevents waste, fraud and abuse, while minimizing the burden on participating retailers and consumers. Therefore, we also seek comment on the various ways to prevent waste, fraud and abuse in the coupon redemption process. G. Consumer Education In addition to the proposed rules above, we also solicit comment on other issues related to the coupon program that are not a part of the rulemaking process. For example, we solicit views on the most effective means to provide consumer education about this program. The Act provides that NTIA may spend “not more than $5,000,000 for consumer education concerning the digital transition and the availability of the digital-to-analog converter box program.” Considering the costs of media production and paid advertising time, the $5,000,000 limit necessitates that NTIA carefully leverage the program's consumer education spending by collaborating with and complementing the consumer education efforts of broadcasters, equipment manufacturers, retailers, consumer groups and others with a stake in a successful and timely transition to digital television broadcasting. According to the FCC Web site, a wide range of broadcasters, equipment manufacturers, retailers, consumer groups and others have begun to produce and provide information concerning the digital transition. 19 19 The Federal Communications Commission maintains a consumer education website on the digital television transition at *http://www.dtv.gov.* In order to maximize consumer education efforts, NTIA may seek proposals to produce commonly used on-air announcements, print and online promotional materials as well as other media or services that can be used to convey clear, consistent, frequent and widely disseminated information concerning the existence of the digital-to-analog converter box program and the actions that households must take to obtain coupons and converters. Examples include advertising campaigns, public service announcements, print articles, web sites, and posters for public display. Any public information campaign undertaken by NTIA will only be successful if other stakeholders in the digital-to-analog converter box program contribute significant effort to the production and distribution of this information. We seek comment on ways to provide consumer information to those households most likely to rely solely on over-the-air broadcasts in analog format. We note that there are differences in the estimated number of households that rely exclusively on over-the-air broadcasts. For example, as noted above, the legislative history indicates that 14.86 percent of U.S. households rely exclusively on over-the-air transmissions, whereas the Government Accountability Office
(GAO)provided an estimate of 19 percent or 21 million American households. 20 We note also that in recent congressional testimony GAO stated that the identification of households that rely exclusively on over-the-air television is difficult because no list of such households exists. 21 GAO also noted that information on the inverse—those households that subscribe to cable or satellite service—is dispersed across hundreds of providers, and these providers may face limitations on the release of their lists to others. Thus, any information as to ways to target consumer outreach to those households eligible for coupons under this program would be helpful. The Managers' Report provides that NTIA may use the efficiencies of electronic media and networks for outreach efforts. We solicit comment on the best ways to utilize the Internet and other forms of electronic media to disseminate consumer information on the various aspects of the program. Again, we seek information regarding ways primarily to target those specific households that only receive over-the-air television broadcast signals. 20 *See* “Digital Broadcast Television Transition: Estimated Cost of Supporting Set-Top Boxes to Help Advance the DTV Transition,” GAO-05-258T (February 17, 2005). 21 *See* GAO Challenges Report, *supra* note 7. III. Submission of Comments NTIA requests written comments from interested parties on the proposed rule as stated above as well any other aspects of the Act related to the digital-to-analog converter box program. NTIA is especially interested in receiving written comments from persons with particular knowledge of the legal, economic and technical elements related to such a program. Any information submitted to NTIA, however, should not contain confidential, proprietary or business sensitive data. Executive Order 12866 This proposed rule has been determined to be economically significant for purposes of Executive Order 12866; and therefore, has been reviewed by the Office of Management and Budget (OMB). In accordance with Executive Order 12866, an Economic Analysis was completed, outlining the costs and benefits of implementing this program. The complete analysis is available from NTIA upon request. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. NTIA has determined that the rule meets the applicable standards provided in section 3 of the Executive Order, to minimize litigation, eliminate ambiguity, and reduce burden. Congressional Review Act This rule has been determined to be major under the Congressional Review Act, 5 U.S.C. 801 *et seq* . Regulatory Flexibility Act As required by the Regulatory Flexibility Act, 5 U.S.C. 603, NTIA has prepared an Initial Regulatory Flexibility Analysis
(IRFA)of the possible significant economic impact on small entities of the policies and rules addressed in this Notice. The IRFA is set forth in Appendix A. Written public comments are requested on the IRFA. These comments must be filed in accordance with the same filing deadlines a comments filed in response to this Notice and must have a separate and distinct heading designating them as responses to the IRFA. Information Collection and Recordkeeping Requirement This document contains proposed information collection requirements. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), NTIA invites comments on this information collection for which NTIA intends to request approval from the Office of Management and Budget (OMB). To successfully administer this program, NTIA requests approval on three collection requirements and recordkeeping and reporting requirements for:
(1)The application that households must submit to receive coupons;
(2)the certification form for retailers that will sell the converter boxes and submit coupons for redemption; and
(3)the certification form and recordkeeping and reporting requirements for manufacturers regarding converter boxes eligible for the coupon program. Comments on the information collection and recordkeeping requirements in this proposed rule must be received by September 25, 2006. Comments are invited on
(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments on the information collection and recordkeeping requirements in this proposed rule may be sent to Milton Brown, Office of the Chief Counsel, National Telecommunications and Information Administration, 1401 Constitution Avenue, Room 4713, Washington, DC 20230.
(1)*Title:* Application for the Digital-to-Analog Converter Box Coupon. *Type of Request:* New Collection. *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average .25 hours (15 minutes) per respondent. *Respondents:* U.S. television households that receive only over-the-air television in analog format. *Estimated Number of Respondents:* 21 million U.S. television households. *Estimated Number of Responses per Respondent:* 1. *Estimated Total Annual Burden on Respondents:* .5 hours.
(2)*Title:* Certification for Retailer to Accept and Redeem Coupons for the purchase of a Digital-to-Analog Converter Box Coupon. *Type of Request:* New Collection. *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 1.0 hour per respondent. *Respondents:* Retailers that accept coupons for digital-to-analog converter boxes and submit them to NTIA for redemption. *Estimated Number of Respondents:* 100. *Estimated Number of Responses per Respondent:* 1. *Estimated Total Annual Burden on Respondents:* 1 hour.
(3)*Title:* Certification of Digital to Analog Converter Box. *Type of Request:* New Collection. *Estimate of Burden:* Public reporting burden for this collection is estimated at 1 hour per respondent. *Respondents:* Companies that manufacture digital-to-analog converter boxes who request NTIA certification. *Estimated Number of Respondents:* 20. *Estimated Number of Responses per Respondent:* 1. *Estimated Total Annual Burden on Respondents:* 1 hour. All responses to this information collection and recordkeeping notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Executive Order 12372 No intergovernmental consultation with State and local officials is required because this rule is not subject to the provisions of Executive Order 12372, Intergovernmental Consultation. Unfunded Mandates This rule contains no federal mandates (under the regulatory provision of Title II of the Unfunded Mandates Reform Act of 1995) for State, local, and tribal governments or the private sector. Thus, this rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act of 1995. National Environmental Policy Act It has been determined that this rule does not constitute a major federal action significantly affecting the quality of the human environment, and in accordance with the National Environmental Policy Act of 1969 [42 U.S.C. 4321 *et seq.* ] (NEPA), an Environmental Impact Statement is not required. Government Paperwork Elimination Act NTIA is committed to compliance with the Government Paperwork Elimination Act, which requires Government agencies to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. Executive Order 12630 This rule does not contain policies that have takings implications. Executive Order 13132 This rule does not contain policies having federalism implications requiring preparation of a Federalism Summary Impact Statement. Authority: Title III of the Deficit Reduction Act of 2005, Pub. L. 109-171, 120 Stat 4, 21 (Feb. 8, 2006). Dated: July 18, 2006. John M. R. Kneuer, Acting Assistant Secretary for Communications and Information. Appendix A—Initial Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act
(RFA)of 1989, as amended, NTIA has prepared an Initial Regulatory Flexibility Analysis
(IRFA)addressing the economic impact on small entities that might result from this Notice of Proposed Rulemaking (“Notice” or “proposed rule”). 1 NTIA requests written public comments on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on the Notice provided above. We will consider all timely comments in drafting our final Regulatory Flexibility Analysis and in making our decision on a final rule. NTIA will send a copy of the Notice, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. 1 *See* 5 U.S.C. 603(a). This analysis addresses six issues:
(1)A description of the reasons why action by NTIA is being considered;
(2)the proposed rule's objectives and legal basis;
(3)a description of and, where feasible, an estimate of the number and types of small entities affected by the proposed rule;
(4)a description of the projected reporting, recordkeeping and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement; and
(5)the relevant rules that could duplicate, overlap, or conflict with the proposed rule. The following sections provide details on each of these issues. A. Need for, Objectives of, the Proposed Rule NTIA is promulgating this proposed rule because of a statutory mandate to create a subsidy program that will affect the public under section 3005 of Public Law 109-171. 2 This legislation, known as The Digital Television Transition and Public Safety Act of 2005 (the Act), requires the Federal Communications Commission
(FCC)to require full-power television stations to cease analog broadcasting by February 18, 2009. After that date, households using analog-only televisions not connected to cable or satellite service will no longer be able to receive television broadcast unless the television is connected to a converter box that converts the digital signal to analog format. As a result, the Act authorizes NTIA to create a program whereby certain households can apply for $40 coupons to be used towards the purchase of digital-to-analog converter boxes. 2 *See* Title III of the Deficit Reduction Act of 2005, Pub. L. 109-171, 120 Stat. 4, 21 (Feb. 8, 2006). The proposed rule sets forth a framework to implement the coupon program as authorized by the Act. Moreover, the proposed rule provides public notice as well as an opportunity for the public to comment. The proposed rule provides clear guidelines to consumers, manufacturers and retailers regarding eligibility, responsibilities and certifications. B. Legal Basis The legal basis for any action taken pursuant to this proposed rule is contained in the Act. Specifically, section 3005 of the Act directs NTIA to implement and administer a program through which eligible U.S. households may obtain a maximum of two coupons, $40 each, to be applied towards the purchase of a digital-to-analog converter box. The Act defines the term “converter box” to mean a stand-alone device used solely for digital-to-analog conversion. 3 The Act does not define “eligible household.” To implement the coupon program, the Act authorizes NTIA to use up to $990 million from the Fund for the program, including $100 million for program administration. NTIA is also authorized to expend up to $1.5 billion for the program, including $160 million for administration, upon a 60-day notice and certification to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that the $990 million is insufficient to fulfill coupon requests for eligible U.S. households. 4 This section also authorizes NTIA, beginning on October 1, 2006, to borrow not more than $1.5 billion from the Treasury to implement the program. NTIA, however, must reimburse the Treasury for this amount, without interest, as recovered analog television spectrum auction proceeds are deposited into a new Treasury fund to be known as the Digital Television Transition and Public Safety Fund. 3 Section 3005(d) provides that the term “digital-to-analog converter box” means “a stand-alone device that does not contain features or functions except those necessary to enable a consumer to convert any channel broadcast in the digital television service into a format that the consumer can display on television receivers designed to receive and display signals only in the analog television service, but may also include a remote control device.” 120 Stat. at 24. 4 *See supra* note 2 at Section 3005(c)(3). C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules May Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules. 5 The RFA generally defines the term “small entity” to include “small business,” “small organization,” or “small governmental jurisdiction.” 6 The Small Business Administration defines small entities in the “radio, television, and other electronic stores” sector as those organizations with less than $8 million in annual revenue. 7 With respect to equipment manufacturers, the SBA defines those small entities as those with less than 750 employees. 5 5 U.S.C. 603(b)(3), 604(a)(3). 6 5 U.S.C. 601(6). 7 *See* U.S. Small Business Administration Table of Small Business Size Standards Matched to North American Industry Classification System Codes, *http://www.sba.gov/size.* NTIA does not have precise information on the number of qualifying small businesses that are in the manufacturing or electronic retailing sectors that would be affected by the proposed rule. According to data from the U.S. Census Bureau, there were 1041 U.S. companies in 2002 that manufactured radio and television communications equipment, and approximately 1010 of these firms were classified as small entities having fewer than 750 employees. 8 Specific figures for the number of firms that manufacture television equipment are unavailable; however, NTIA believes that some of these companies are capable of manufacturing a digital-to-analog converter box and qualify as small entities. To the extent that there exists small entities capable of manufacturing a converter box pursuant to the standards provided in the proposed rule, the extent to which they participate in the coupon program will be a business decision and not based on any mandatory action resulting from the proposed rule. Thus we are unable to predict with any certainty as to the number of small firms that will view the coupon program as a business opportunity and thus be affected by the proposed rule. We anticipate that comments to the proposed rule and to this IRFA will be informative on this subject. 8 *See* U.S. Census Bureau, 2002 Economic Census, Industry Statistics by Employment Size, Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing (NAICS Code 334220), Table 4, available at *http://www.census.gov/econ/census02* . Likewise, it is difficult to ascertain the number of consumer electronics retailers that qualify as small entities. Certain data from trade associations, however, provide a glimpse of the type of small businesses that may participate in the coupon program. For example, the Professional Audio-Video Retailers Association
(PARA)division of the Consumer Electronics Association
(CEA)has more than 250 professional audio, video, home theater, and custom electronics specialty dealers. 9 CEA has also formed a partnership with the North America Retail Dealers Association (NARDA), a group of independent retailers that include consumer electronics retailers that represent approximately 3,500 storefronts and accounts for over $11 billion in annual sales. 10 However, not all NARDA members may be interested in participating in the digital-to-analog converter box coupon program. In addition to consumer electronics, NARDA's members also sell and service kitchen and laundry appliances, consumer mobile electronics, computers and other home and small office products, furniture, sewing machines, vacuum cleaners, room air conditioners, and other consumer home products. NARDA's members, however, are not limited to retailers, but also include manufacturers, suppliers and vendors. Moreover, both PARA and NARDA members may be specialty electronic dealers not interested in selling converter boxes. 9 *See http://www.ce.org/Membership/Divisions/98.asp* . 10 *See http://www.narda.com* . D. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements The proposed rules place certain compliance requirements on manufacturers and retailers that choose to participate in the program. For example, the proposed rule requires retailers to certify under law that they:
(1)Will educate their customers on the necessity for and the installation of a converter box;
(2)have systems in place that can be easily audited as well as systems that have the ability to prevent fraud and abuse in the coupon program;
(3)are willing to be audited at any time during the course of the coupon program;
(4)have the ability to electronically provide NTIA with sales information related to coupons used in the purchase of converter boxes, specifically tracking each serialized coupon by number with a corresponding certified converter box purchase; and
(5)will only submit coupons for redemption as a result of purchases made for converter boxes certified by NTIA. The Notice also requires retailers to submit coupons for redemption within 30 days after they have been used for a purchase, and to retain hard copies of sales information for one year after the purchase. With respect to manufacturers, the proposed rule provides standards that will be required for converter boxes for the coupon program. These standards are necessary to comply with the Act and to ensure that converter boxes function properly. Manufacturers will be required to submit a self certification that affirms that these standards have been met. E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered The proposed rule has minimal economic impact on small entities. Participation in the coupon program on all levels—consumers, manufacturers, and retailers—is voluntary. Thus any significant economic impact would not be caused by the proposed rule that creates and implements the coupon program, as small entities are not required by the rules to participate in the program. However, if a small entity does participate in the program, there is no indication that they will incur significant economic impacts. Moreover, there does not appear to be any economic impact on small businesses by a decision not to participate in the program. Associated Costs Although there may be costs associated with accepting the coupons and distributing the converter boxes, the coupon program does not restrict the retailer in pricing the converter box. Manufacturers and retailers may consider these associated costs and establish the wholesale and retail price of the converter boxes to recoup any associated costs. In fact, the coupon program anticipates that there will be a co-pay element to the purchase price. Thus, to the extent that a small retailer or manufacturer incurs costs as a result of this program, those costs can be recouped though the retail or wholesale price which the retailer and manufacturer are at liberty to choose. Section D of this IRFA provides the compliance requirements of the proposed rule that retailers must assume if they decide to participate in the coupon program. Besides the time that it takes to submit a certification form to NTIA, there will be actual costs associated with meeting these compliance requirements. These costs, however, are difficult to quantify because of many varying factors. However, we anticipate that the costs would be minimal because retailers and manufacturers may already have the ability to meet the requirements associated with participation in this program. For example, retailers would have to ensure that employees are capable of educating customers about the necessity for and installation of converter boxes. The costs for this compliance would be calculated by the number of hours it would take to train employees. The estimate would depend on a number of factors such as the existing sales force's expertise, number of employees, salary levels, type of converter box that is certified, and the consumer knowledge. The proposed rule also requires retailers to have systems in place that can be easily audited as well as systems that have the ability to prevent fraud and abuse in the coupon program. We assume that most businesses would have systems in place that can be easily audited, and therefore, we do not anticipate that small businesses will have to assume a cost to purchase a new system for the coupon program. Retailers must also have systems in place that have the ability to prevent fraud and abuse in the coupon program. We assume that most retailers are familiar with and accept coupons for merchandise, and that they have in place systems to prevent fraud. The nature of this coupon program, however, may require participating retailers to assume additional costs associated with preventing fraud. These costs cannot be estimated at this point in the rulemaking process. There may be costs associated in complying with an audit. These costs would most likely be calculated in terms of employee hourly rates. The associated costs depends on the nature and extent of an audit. There are also costs associated with handling coupons, that is, accepting the coupons, submitting the coupons for redemption, and retaining hard copies of the coupons pursuant to the regulations. Again, these associated costs depend on a number of factors such as the particular systems that retailers currently have in place, as well as the extent to which these costs can be absorbed within existing procedures that the retailer has in place. Likewise there are costs associated with small manufacturers complying with the proposed rule. Manufacturers must ensure that the converter box meet the standards outlined in the final rule. Manufacturers would also have to assume up front costs of manufacturing and distributing the boxes to certified retail outlets. These costs are dependent upon a number of factors such as the cost to the manufacturer to build the converter box pursuant to regulations, the manufacturer's established distribution lines, the number of retailers participating, and any relationship that may or may not exist between the manufacturer and the retailer. Exemptions and Waivers The proposed rule does not provide a small business exemption for any compliance requirements. To the extent possible, the proposed rule limits reporting and recordkeeping requirements to only those necessary to provide the coupons in accordance with the Act. Any exemption or waiver of the requirements imposed on manufacturers or retailers would potentially subject the program to waste, fraud and abuse. It is not essential that small businesses obtain a waiver of the certification requirement outlined in the section above. It is important for small retail businesses participating in the program to be knowledgeable on the particular converter boxes certified by the program, and for their sales staff to be able to provide direction and guidance for consumers. Moreover, these retailers would have to utilize systems that accommodate the government issued coupons. In the long run, the certification program may provide some protection from consumer liability for small businesses that provide converter boxes consistent with the government-established certification requirement. As such, a small business could assure customers that the converter box meets government standards, which may offset returns and other issues that could cause additional costs for the business. The requirement for retailers to submit coupons for redemption within 30 days after they have been used for purchase, and the requirement to retain hard copies of sales information for one year after the purchase also should not be waived for small businesses. These redemption and record-keeping requirements are necessary to keep track of the number of coupons used and to ensure that the program can be properly audited at any time. The ability of the agency to monitor the program and to audit the program outweighs any burden on small businesses to comply with these requirements. Again, any costs imposed on small businesses to comply with these requirements can be recouped through the retail price of the converter box. Likewise, compliance requirements cannot be waived for small businesses that manufacturer converter boxes. The standards outlined in the proposed rule are necessary to comply with the Act and to ensure that the converter boxes certified by the program function properly. Regarding alternatives considered, the proposed rule requests comment on whether a paper coupon or an electronic coupon card should be used. If an electronic coupon card is used, small businesses may not be able to participate in the coupon program if they do not have a system in place that accepts coupons electronically. On the other hand, paper coupons may present an additional burden on small businesses in processing the sale and submitting the hard copy for redemption. Either of these alternatives will only affect small businesses to the extent that they choose to participate in the coupon program. Alternatives To Minimize Burdens NTIA has taken steps to minimize burdens on small retailers and manufacturers in its proposed rule. For example, NTIA has proposed a self-certification process for both retailers and manufacturers for the compliance requirements discussed above. Alternatively NITA could require a third-party certification process, or institute a procedure whereby NTIA certifies the compliance requirements. Either option includes additional steps in the certification process and therefore would increase time and cost. We have also sought to minimize burdens on small retailers by proposing clear rules with respect to the redemption process. Retailers have certainty that if they submit their coupons within the time established in the rules, they will be reimbursed in a timely manner. This proposal removes any uncertainty on the part of the retailer as to when they can receive full payment. F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules NTIA is not aware of any Federal rules that may duplicate, overlap or conflict with the proposed rules. The preceding analysis indicates that the expected burden on small entities to implement the proposed rule would be minimal. [FR Doc. E6-11754 Filed 7-24-06; 8:45 am] BILLING CODE 3510-60-P 71 142 Tuesday, July 25, 2006 Notices DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2006-0020] Codex Alimentarius Commission: 13th Session of the Codex Committee on Fresh Fruits and Vegetables AGENCY: Office of the Under Secretary for Food Safety, USDA. ACTION: Notice of public meeting, request for comments. SUMMARY: The Office of the Under Secretary for Food Safety, United States Department of Agriculture (USDA), and the Agricultural Marketing Service
(AMS)are sponsoring a public meeting on August 3, 2006 to provide draft U.S. positions and receive public comments on agenda items that will be discussed at the 13th Session of the Codex Committee on Fresh Fruits and Vegetables (CCFFV) of the Codex Alimentarius Commission (Codex), which will be held in Mexico City, Mexico, on September 25-29, 2006. The Under Secretary and AMS recognize the importance of providing interested parties the opportunity to comment on the agenda items that will be debated at this forthcoming Session of the CCFFV. DATES: The public meeting is scheduled for Thursday, August 3, 2006, from 10 a.m. to 12 noon. ADDRESSES: The public meeting will be held in Room 3074, USDA, South Agriculture Building, 1400 Independence Avenue SW., Washington, DC. Documents related to the 13th Session of the CCFFV will be accessible via the World Wide Web at the following address: *http://www.codexalimentarius.net/current.asp.* The Food Safety and Inspection Service
(FSIS)invites interested persons to submit comments on this notice. Comments may be submitted by any of the following methods: Federal eRulemaking Portal: This Web site provides the ability to type short comments directly into the comment field on this Web page or attach a file for lengthier comments. *Go to http://www.regulations.gov* and, in the “Search for Open Regulations” box, select “Food Safety and Inspection Service” from the agency drop-down menu, then click on “Submit.” In the Docket ID column, select the FDMS Docket Number FSIS-2006-0020 to submit or view public comments and to view supporting and related materials available electronically. Mail, including floppy disks or CD-ROM's, and hand- or courier-delivered items: Send to FSIS Docket Room, Docket Clerk, USDA, FSIS, 300 12th Street, SW., Room 102, Cotton Annex Building, Washington, DC 20250. Electronic mail: *fsis.regulationscomments@fsis.usda.gov.* All submissions received must include the Agency name and docket number FSIS-2006-0020. All comments submitted in response to this notice, as well as research and background information used by FSIS in developing this document, will be posted to the regulations.gov Web site. The background information and comments also will be available for public inspection in the FSIS Docket Room at the address listed above between 8:30 a.m. and 4:30 p.m., Monday through Friday. For Further Information About the 13th Session of the CCFFV Contact: U.S. Delegate, Dorian Lafond, International Standards Coordinator, Fruit and Vegetable Division, Agricultural Marketing Service, USDA, 1400 Independence Avenue SW., Washington, DC 20250, Phone:
(202)690-4944, Fax:
(202)720-0016, E-mail: *Dorian.Lafond@usda.gov.* For Further Information About the Public Meeting Contact: Ellen Matten, International Issues Analyst, U.S. Codex Office, USDA, FSIS, Room 4861, South Agriculture Building, 1400 Independence Avenue SW., Washington, DC 20250, Phone:
(202)205-7760, Fax:
(202)720-3157. E-mail: *ellen.matten@fsis.usda.gov.* SUPPLEMENTARY INFORMATION: Background The Codex Alimentarius Commission (Codex) was established in 1963 by two United Nations organizations, the Food and Agriculture Organization
(FAO)and the World Health Organization (WHO). Codex is the major international organization for protecting the health and economic interests of consumers and encouraging fair international trade in food. Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to ensure that the world's food supply is sound, wholesome, free from adulteration, and correctly labeled. In the United States, USDA, The Food and Drug Administration, and the Environmental Protection Agency manage and carry out U.S. Codex activities. The Codex Committee on Fresh Fruits and Vegetables elaborates world wide standards and codes of practice for fresh fruits and vegetables. It consults with the UN/ECE Working Party on Agricultural Quality Standards in the elaboration of world wide standards and codes of practice with particular regard to ensuring that there is no duplication of standards or codes of practice and that they follow the same broad format. The Committee also consults, as necessary, with other international organizations which are active in the area of standardization of fresh fruits and vegetables. The Committee is hosted by the government of Mexico. Issues To Be Discussed at the Public Meeting The following items on the agenda for the 13th Session of CCFFV will be discussed during the public meeting: • Matters referred to the Committee from other Codex bodies. • Proposed Layout for Codex Standards for Fresh Fruits and Vegetables. • Draft Codex Standard for Table Grapes (maturity requirements and list of small berry varieties). • Draft Codex Standard for Tomatoes (provisions for sizing and size codes). • Proposed Draft Codex Standard for Apples. • Proposed Draft Standard for Bitter Cassava. • Proposed Guidelines for the Quality Control of Fresh Fruits and Vegetables. • Report on the need for partial or total revision of the Codex Standard for Avocado. • Proposals for Amendments to the Priority List for the Standardization of Fresh Fruits and Vegetables. Each issue listed will be fully described in documents distributed, or to be distributed, by the Mexican Secretariat to the Meeting. Members of the public may access or request copies of these documents via the World Wide Web at the following address: *http://www.codexalimentarius.net/current.asp.* Public Meeting At the August 3, 2006 public meeting, draft U.S. positions on these agenda items will be described, discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to the U.S. Delegate for the 13th Session of CCFFV, Dorian Lafond (see For Further Information About the 13TH Session of the CCFFV Contact ). Written comments should state that they relate to activities of the 13th Session of the CCFFV. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it on-line through the FSIS Web Page located at *http://www.fsis.usda.gov/regulations/2006_Notices_Index/.* FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, recalls and other types of information that could affect or would be of interest to constituents and stakeholders. The update is communicated via Listserv, a free electronic mail subscription service for industry, trade and farm groups, consumer interest groups, allied health professionals and other individuals who have asked to be included. The update is available on the FSIS Web page. Through the Listserv and Web page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an e-mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at *http://www.fsis.usda.gov/news_and_events/email_ subscription/* . Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Done at Washington, DC, on July 20, 2006. F. Edward Scarbrough, U.S. Manager for Codex Alimentarius. [FR Doc. E6-11787 Filed 7-24-06; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF AGRICULTURE Forest Service Newspapers To Be Used for Publication of Legal Notice of Appealable Decisions and Publication of Notice of Proposed Actions for Southern Region; Alabama, Kentucky, Georgia, Tennessee, Florida, Louisiana, Mississippi, Virginia, West Virginia, Arkansas, Oklahoma, North Carolina, South Carolina, Texas, Puerto Rico AGENCY: Forest Service, USDA. ACTION: Notice. SUMMARY: Deciding Officers in the Southern Region will publish notice of decisions subject to administrative appeal under 36 CFR parts 215 and 217 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice. As provided in 36 CFR part 215.5 and 36 CFR part 217.5(d), the public shall be advised through **Federal Register** notice, of the newspaper of record to be utilized for publishing legal notice of decisions. Newspaper publication of notice of decisions is in addition to direct notice of decisions to those who have requested it and to those who have participated in project planning. Responsible Officials in the Southern Region will also publish notice of proposed actions under 36 CFR part 215 in the newspapers that are listed in the SUPPLEMENTARY INFORMATION section of this notice. As provided in 36 CFR part 215.5, the public shall be advised, through **Federal Register** notice, of the newspaper of record to be utilized for publishing notices on proposed actions. Additionally, the Deciding Officers in the Southern Region will publish notice of the opportunity to object to a proposed authorized hazardous fuel reduction project under 36 CFR part 218.4 in the legal notice section of the newspapers listed in the SUPPLEMENTARY INFORMATION section of this notice. DATES: Use of these newspapers for purposes of publishing legal notice of decisions subject to appeal under 36 CFR parts 215 and 217, notices of proposed actions under 36 CFR part 215, and notices of the opportunity to object under 36 CFR part 218 shall begin on or after the date of this publication. FOR FURTHER INFORMATION CONTACT: Cheryl Herbster, Regional Appeals and Litigation Coordinator, Southern Region, Planning, 1720 Peachtree Road, NW., Atlanta, Georgia 30309, Phone: 404-347-5235. SUPPLEMENTARY INFORMATION: Deciding Officers in the Southern Region will give legal notice of decisions subject to appeal under 36 CFR part 217, the Responsible Officials in the Southern Region will give notice of decisions subject to appeal under 36 CFR part 215 and opportunity to object to a proposed authorized hazardous fuel reduction project under 36 CFR part 218 in the following newspapers which are listed by Forest Service administrative unit. Responsible Officials in the Southern Region will also give notice of proposed actions under 36 CFR part 215 in the following newspapers of record which are listed by Forest Service administrative unit. The timeframe for comment on a proposed action shall be based on the date of publication of the notice of the proposed action in the newspaper of record. The timeframe for appeal shall be based on the date of publication of the legal notice of the decision in the newspaper of record for 36 CFR parts 215 and 217. The timeframe for an objection shall be based on the date of publication of the legal notice of the opportunity to object for projects subject to 36 CFR part 218. Where more than one newspaper is listed for any unit, the first newspaper listed is the newspaper of record that will be utilized for publishing the legal notice of decisions and calculating timeframes. Secondary newspapers listed for a particular unit are those newspapers the Deciding Officer/Responsible Official expects to use for purposes of providing additional notice. The following newspapers will be used to provide notice. Southern Region Regional Forester Decisions Affecting National Forest System lands in more than one Administrative unit of the 15 in the Southern Region, *Atlanta Journal-Constitution* , published daily in Atlanta, GA. Affecting National Forest System lands in only one Administrative unit or only one Ranger District will appear in the newspaper of record elected by the National Forest, National Grassland, National Recreation Area, or Ranger District as listed below. National Forests in Alabama, Alabama Forest Supervisor Decisions *Montgomery Adviser* , published daily in Montgomery, AL. District Ranger Decisions *Bankhead Ranger District: Northwest Alabamian* , published bi-weekly (Wednesday and Saturday) in Haleyville, AL. *Conecuh Ranger District: The Andalusia Star News* , published daily (Tuesday through Saturday) in Andalusia, AL. *Oakmulgee Ranger District: The Tuscaloosa News* , published daily in Tuscaloosa, AL. *Shoal Creek Ranger District: The Anniston Star* , published daily in Anniston, AL. *Talladega Ranger District: The Daily Home* , published daily in Talladega, AL. *Tuskegee Ranger District: Tuskegee News* , published weekly (Thursday) in Tuskegee, AL. Caribbean National Forest, Puerto Rico Forest Supervisor Decisions *El Nuevo Dia* , published daily in Spanish in San Juan, PR. *San Juan Star* , published daily in English in San Juan, PR. Chattahoochee-Oconee National Forest, Georgia Forest Supervisor Decisions *The Times* , published daily in Gainesville, GA. Districe Ranger Decisions *Armuchee-Cohutta Ranger District: Daily Citizen* , published daily in Dalton, GA. *Brasstown Ranger District: North Georgia News* , (newspaper of record) published weekly (Wednesday) in Blairsville, GA. *Towns County Herald,* (secondary) published weekly (Thursday) in Hiawassee, GA. *The Dahlonega Nuggett,* (secondary) published weekly (Wednesday) in Dahlonega, GA. *Chattooga Ranger District: Northeast Georgian,* (newspaper of record) published bi-weekly (Tuesday and Friday) in Cornelia, GA. *Chieftain & Toccoa Record,* (secondary) published bi-weekly (Tuesday and Friday) in Toccoa, GA. *White County News Telegraph,* (secondary) published weekly (Thursday) in Cleveland, GA. *The Dahlonega Nuggett,* (secondary) published weekly (Thursday) in Dahlonega, GA. *Oconee Ranger District: Eatonton Messenger,* published weekly (Thursday) in Eatonton, GA. *Tallulah Ranger District: Clayton Tribune,* published weekly (Thursday) in Clayton, GA. *Toccoa Ranger District: The News Observer* (newspaper of record) published bi-weekly (Tuesday and Friday) in Blue Ridge, GA. *The Dahlonega Nuggett,* (secondary) published weekly (Wednesday) in Dahlonega, GA. Cherokee National Forest, Tennessee Forest Supervisor Decisions *Knoxville News Sentinel,* published daily in Knoxville, TN. District Ranger Decisions *Nolichucky-Unaka Ranger District: Greeneville Sun,* published daily (except Sunday) in Greeneville, TN. *Ocoee-Hiwassee Ranger District: Polk County News,* published weekly (Wednesday) in Benton, TN. *Telico Ranger District: Monroe County Advocate & Democrat,* published tri-weekly (Wednesday, Friday, and Sunday) in Sweetwater, TN. *Watauga Ranger District: Johnson City Press,* published daily in Johnson City, TN. Daniel Boone National Forest, Kentucky Forest Supervisor Decisions *Lexington Herald-Leader,* published daily in Lexington, KY. District Ranger Decisions *Cumberland Ranger District: Lexington Herald-Leader,* published daily in Lexington, KY. *London Ranger District: The Sentinel-Echo,* published tri-weekly (Monday, Wednesday, and Friday) in London, KY. *Redbird Ranger District: Manchester Enterprise,* published weekly (Thursday) in Manchester, KY. *Stearns Ranger District: McCreary County Record,* published weekly (Tuesday) in Whitley City, KY. National Forests in Florida, Florida Forest Supervisor Decisions *The Tallahassee Democrat,* published daily in Tallahassee, FL. District Ranger Decisions *Apalachicola Ranger District: Calhoun-Liberty Journal,* published weekly (Wednesday) in Bristol, FL. *Lake George Ranger District: The Ocala Star Banner,* published daily in Ocala, FL. *Osceola Ranger District: The Lake City Reporter,* published daily (Monday-Saturday) in Lake City, FL. *Seminole Ranger District: The Daily Commercial,* published daily in Leesburg, FL. *Wakulla Ranger District: The Tallahassee Democrat,* published daily in Tallahassee, FL. Francis Marion and Sumter National Forests, South Carolina Forest Supervisor Decisions *The State,* published daily in Columbia, SC. District Ranger Decisions *Andrew Pickens Ranger District: The Daily Journal,* published daily (Tuesday through Saturday) in Seneca, SC. *Enoree Ranger District: Newberry Observer,* published tri-weekly (Monday, Wednesday, and Friday) in Newberry, SC. *Long Cane Ranger District: The State,* published daily in Columbia, SC. *Wambaw Ranger District: Post and Courier,* published daily in Charleston, SC. *Witherbee Ranger District: Post and Courier,* published daily in Charleston, SC. George Washington and Jefferson National Forests, Virginia and West Virginia Forest Supervisor Decisions *Roanoke Times,* published daily in Roanoke, VA. District Ranger Decisions *Clinch Ranger District: Coalfield Progress,* published bi-weekly (Tuesday and Thursday) in Norton, VA. *Deerfield Ranger District: Daily News Leader,* published daily in Staunton, VA. *Dry River Ranger District: Daily News Record,* published daily (except Sunday) in Harrisonburg, VA. *Glenwood-Pedlar Ranger District: Roanoke Times,* published daily in Roanoke, VA. *James River Ranger District: Virginian Review,* published daily (except Sunday) in Covington, VA. *Lee Ranger District: Shenandoah Valley Herald,* published weekly (Wednesday) in Woodstock, VA. *Mount Rogers National Recreation Area: Bristol Herald Courier,* published daily in Bristol, VA. *New Castle Ranger District: Roanoke Times,* published daily in Roanoke, VA. *New River Ranger District: Roanoke Times,* published daily in Roanoke, VA. *Warm Springs Ranger District: The Recorder,* published weekly (Thursday) in Monterey, VA. Kisatchie National Forest, Louisiana Forest Supervisor Decisions *The Town Talk,* published daily in Alexandria, LA. District Ranger Decisions *Calcasieu Ranger District: The Town Talk,* (newspaper of record) published daily in Alexandria, LA. *The Leesville Ledger,* (secondary) published tri-weekly (Tuesday, Friday, and Sunday) in Leesville, LA. *Caney Ranger District: Minden Press Herald,* (newspaper of record) published daily in Minden, LA. *Homer Guardian Journal,* (secondary) published weekly (Wednesday) in Homer, LA. *Catahoula Ranger District: The Town Talk,* published daily in Alexandria, LA. *Kisatchie Ranger District: Natchitoches Times,* published daily (Tuesday thru Friday and on Sunday) in Natchitoches, LA. *Winn Ranger District: Winn Parish Enterprise,* published weekly (Wednesday) in Winnfield, LA. Land Between The Lakes National Recreation Area, Kentucky and Tennessee Area Supervisor Decisions *The Paducah Sun,* published daily in Paducah, KY. National Forests in Mississippi, Mississippi Forest Supervisor Decisions *Clarion-Ledger,* published daily in Jackson, MS. District Ranger Decisions *Bienville Ranger District: Clarion-Ledger,* published daily in Jackson, MS. *Chickasawhay Ranger District: Clarion-Ledger,* published daily in Jackson, MS. *Delta Ranger District: Clarion-Ledger,* published daily in Jackson, MS. *De Soto Ranger District: Clarion Ledger,* published daily in Jackson, MS. *Holly Springs Ranger District: Clarion-Ledger,* published daily in Jackson, MS. *Homochitto Ranger District: Clarion-Ledger,* published daily in Jackson, MS. *Tombigbee Ranger District: Clarion-Ledger,* published daily in Jackson, MS. National Forests in North Carolina, North Carolina Forest Supervisor Decisions *The Asheville Citizen-Times,* published daily in Asheville, NC. District Ranger Decisions *Appalachian Ranger District: The Asheville Citizen-Times,* published daily in Asheville, NC. *Cheoah Ranger District: Graham Star,* published weekly (Thursday) in Robbinsville, NC. *Croatan Ranger District: The Sun Journal,* published daily in New Bern, NC. *Grandfather Ranger District: McDowell News,* published daily in Mario, NC. *Highlands Ranger District: The Highlander,* published weekly (mid May-mid Nov, Tues & Fri; mid Nov-mid May, Tues only) in Highland, NC. *Pisgah Ranger District: The Asheville Citizen-Times,* published daily in Asheville, NC. *Tusquitee Ranger District: Cherokee Scout,* published weekly (Wednesday) in Murphy, NC. *Uwharrie Ranger District: Montgomery Herald,* published weekly (Wednesday) in Troy, NC. *Wayah Ranger District: The Franklin Press,* published bi-weekly (Tuesday and Friday) in Franklin, NC. Ouachita National Forest, Arkansas and Oklahoma Forest Supervisor Decisions *Arkansas Democrat-Gazette,* published daily in Little Rock, AR. District Ranger Decisions *Caddo-Womble Ranger District: Arkansas Democrat-Gazette,* published daily in Little Rock, AR. *Jessieville-Winona-Fourche Ranger District: Arkansas Democrat-Gazette,* published daily in Little Rock, AR. *Mena-Oden Ranger District: Arkansas Democrat-Gazette,* published daily in Little Rock, AR. *Oklahoma Ranger District (Choctaw; Kiamichi; and Tiak) Tulsa World,* published daily in Tulsa, OK. *Poteau-Cold Springs Ranger District: Arkansas Domocrat-Gazette,* published daily in Little Rock, AR. Ozark-St. Francis National Forests, Arkansas Forest Supervisor Decisions *The Courier,* published daily (Tuesday through Sunday) in Russellville, AR. District Ranger Decisions *Bayou Ranger District: The Courier,* published daily (Tuesday through Sunday) in Russellville, AR. *Boston Mountain Ranger District: Southwest Times Record,* published daily in Fort Smith, AR. *Buffalo Ranger District: Newton County Times,* published weekly in Jasper, AR. *Magazine Ranger District: Southwest Times Record,* published daily in Fort Smith, AR. *Pleasant Hill Ranger District: Johnson County Graphic,* published weekly (Wednesday) in Clarksville, AR. *St. Francis National Forest: The Daily World,* published daily (Sunday through Friday) in Helena, AR. *Sylamore Ranger District: Stone County Leader,* published weekly (Wednesday) in Mountain View, AR. National Forests and Grasslands in Texas, Texas Forest Supervisor Decisions *The Lufkin Daily News,* published daily in Lufkin, TX. District Ranger Decisions *Angelina National Forest: The Lufkin Daily News,* published daily in Lufkin, TX. *Caddo & LBJ National Grasslands: Denton Record-Chronicle,* published daily in Denton, TX. *Davy Crockett National Forest: The Lufkin Daily News,* published daily in Lufkin, TX. *Sabine National Forest: The Lufkin Daily News,* published daily in Lufkin, TX. *Sam Houston National Forest: The Courier,* published daily in Conroe, TX. Dated: July 18, 2006. Thomas A. Peterson, Deputy Regional Forester, Natural Resources. [FR Doc. 06-6438 Filed 7-24-06; 8:45 am]
Connectionstraces to 15
9 references not yet in our index
  • 14 CFR 39
  • Pub. L. 109-171
  • 120 Stat. 4
  • 47 CFR 73.682(d)
  • 36 CFR 215.5
  • 36 CFR 217.5(d)
  • 36 CFR 215
  • 36 CFR 218
  • 36 CFR 217
Citation graph
cites case law
Rules and Regulations
Supplemental notice of proposed rulemaking; reopening of comment period
Fed. Reg.Proposed Rules
Fed. Reg.Notices
U.S.C.§ 106
U.S.C.§ 3501
C.F.R.§ 39.19
C.F.R.§ 25.571
C.F.R.§ 21.29
U.S.C.§ 552a
Fed. Reg.Notices
Cite14 CFR 39
Pub. L.Pub. L. 109-171
Stat.120 Stat. 4
Cites 24 · showing 12Cited by 0 across 0 sources
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