Notices. Notice of proposed rulemaking (NPRM)

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BILLING CODE 3510-22-S 71 152 Tuesday, August 8, 2006 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-22518; Directorate Identifier 2006-NM-092-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747-100B SUD, 747-200B, 747-300, 747-400, 747-400D, and 747SP Series 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 certain Boeing Model 747-100B SUD, 747-200B, 747-300, 747-400, 747-400D, and 747SP series airplanes. This proposed AD would require repetitive inspections for cracking of the crease beam and adjacent intercostals, stringers, frames, and skin panels; and related investigative and corrective actions if cracking is found. This proposed AD results from a report indicating that an operator discovered crease beam cracking on two Model 747 airplanes. We are proposing this AD to detect and correct cracking of the crease beam and adjacent structure, which could become large and result in in-flight depressurization and inability of the airframe structure to sustain flight loads. DATES: We must receive comments on this proposed AD by September 22, 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 Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for the service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Nicholas Kusz, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6432; fax

(425)917-6590. 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-2006-22518; Directorate Identifier 2006-NM-092-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 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 We have received a report indicating that an operator discovered crease beam cracking due to fatigue on two Model 747 airplanes during inspections specified in the 747 Supplemental Structural Inspection Document. This condition, if not detected and corrected, could cause in-flight depressurization and inability of the structure to sustain flight loads. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 747-53A2591, dated April 6, 2006. The service bulletin describes procedures for performing repetitive detailed inspections for cracking of the crease beam and adjacent intercostals, stringers, frames, and skin panels; and related investigative and corrective actions if cracking is found. Related investigative actions include performing a surface high-frequency eddy current

(HFEC)inspection for cracking of the adjacent skin panel fastener locations, including all skin fasteners common to the crease beam in the areas between the next fuselage frame directly forward and aft of the crack location. Corrective actions include repair of any crack before further flight. If any crack is outside the limits specified in the Boeing 747 Structural Repair Manual, the service bulletin specifies to contact the manufacturer for repair data. The service bulletin also: • Describes procedures for submitting a report if any skin panel or more than two intercostal webs or skin panel fastener clips are found to be cracked; • Specifies a compliance time of 14,000 total flight cycles or 1,500 flight cycles after the date of the service bulletin, whichever occurs later; and • Specifies an interval of 6,000 flight cycles for performing the repetitive inspections. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between the Proposed AD and Service Bulletin.” Differences Between the Proposed AD and Service Bulletin The service bulletin specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD 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. Although the Accomplishment Instructions of the service bulletin describe procedures for submitting certain information to the manufacturer, this proposed AD would not require those actions. Costs of Compliance There are about 615 airplanes of the affected design in the worldwide fleet. This proposed AD would affect about 65 airplanes of U.S. registry. The proposed detailed inspection would take about 8 work hours per airplane, per inspection cycle, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $41,600, or $640 per airplane, per inspection cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this 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): **Boeing:** Docket No. FAA-2006-22518; Directorate Identifier 2006-NM-092-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by September 22, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Boeing Model 747-100B SUD, 747-200B, 747-300, 747-400, 747-400D, and 747SP series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 747-53A2591, dated April 6, 2006 (referred to after this paragraph as “the service bulletin”). Unsafe Condition

(d)This AD results from a report indicating that an operator discovered crease beam cracking on two Model 747 airplanes. We are issuing this AD to detect and correct cracking of the crease beam and adjacent structure, which could become large and result in in-flight depressurization and inability of the airframe structure to sustain flight loads. 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. Repetitive Detailed Inspections and Related Investigative and Corrective Actions

(f)Perform a detailed inspection for cracking of the crease beam and adjacent intercostals, stringers, frames, and skin panels at the applicable initial and repetitive compliance times specified in Table 1 of paragraph 1.E., “Compliance,” of the service bulletin; except, where the service bulletin specifies an initial compliance time after the date on the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD. Do all applicable related investigative and corrective actions before further flight if any cracking is found. Do all applicable actions in and in accordance with the Accomplishment Instructions of the service bulletin, except as provided by paragraphs (f)(1) and (f)(2) of this AD.

(1)Where the service bulletin specifies to contact the manufacturer for instructions on how to repair certain conditions, before further flight, repair those conditions using a method approved in accordance with paragraph

(g)of this AD.

(2)Where the service bulletin specifies to report certain information to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle Aircraft Certification Office (ACO), 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.

(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, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Issued in Renton, Washington, on July 27, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-12835 Filed 8-7-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24440; Directorate Identifier 2006-NM-058-AD] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145XR Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of comment period. SUMMARY: The FAA is revising an earlier NPRM for an airworthiness directive

(AD)that applies to certain EMBRAER Model EMB-145XR airplanes. The original NPRM would have required replacement of certain segments of the passenger seat tracks with new, improved seat tracks. The original NPRM resulted from instances where the shear plungers of the passenger seat legs were not adequately fastened. This action revises the original NPRM by requiring new service information. We are proposing this supplemental NPRM to prevent inadequate fastening of the seat leg shear plungers, which could result in failure of the passenger seat tracks during emergency landing conditions and consequent injury to passengers. DATES: We must receive comments on this supplemental NPRM by September 5, 2006. ADDRESSES: Use one of the following addresses to submit comments on this supplemental NPRM. • 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil, 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 supplemental NPRM. Send your comments to an address listed in the ADDRESSES section. Include the docket number “Docket No. FAA-2006-24440; Directorate Identifier 2006-NM-058-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this supplemental NPRM. We will consider all comments received by the closing date and may amend this supplemental NPRM in light of those comments. We will post all comments submitted, 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 supplemental NPRM. 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 in the Nassif Building at the DOT street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion We proposed to amend 14 CFR part 39 with a notice of proposed rulemaking

(NPRM)for an airworthiness directive

(AD)(the “original NPRM”). The original NPRM applies to certain EMBRAER Model EMB-145XR airplanes. The original NPRM was published in the **Federal Register** on April 13, 2006 (71 FR 19142). The original NPRM proposed to require replacement of certain segments of the passenger seat tracks with new, improved seat tracks. Since the original NPRM was issued, the Departamento de Aviac a o Civil (DAC), which is the airworthiness authority for Brazil, has issued Brazilian airworthiness directive 2006-01-01R1, effective May 23, 2006. (We referenced Brazilian airworthiness directive 2006-01-01, effective February 2, 2006, as related information in the original NPRM.) The DAC issued Brazilian airworthiness directive 2006-01-01R1 to correct the airplane model designation and typographical error to a certain part number (P/N). Therefore, we have revised paragraph

(i)of this supplemental NPRM to reference Brazilian airworthiness directive 2006-01-01R1 as related information. However, no change to the airplane model designation in this supplemental NPRM is necessary, since we differed from Brazilian airworthiness directive 2006-01-01, as explained in the original NPRM. In addition, EMBRAER has published Revision 01 of EMBRAER Service Bulletin 145-53-0059, dated March 9, 2006, to correct the typographical error to a P/N in Figure 4 of the original issue of the service bulletin. (We referenced the original issue, dated July 1, 2005, in the original NPRM as the appropriate source of service information.) The procedures in Revision 01 of the service bulletin are essentially the same as those in the original issue, except that Figure 4 of Revision 01 specifies removing P/N 145-53769-007 at fuselage location x=14,827.8 and replacing it with P/N 145-38912-003. Therefore, we have revised paragraphs

(c)and

(f)of this supplemental NPRM to reference Revision 01 of the service bulletin. Comments We have considered the following comments on the original NPRM. Request to Reference Revision 01 of the Service Bulletin EMBRAER requests that we revise paragraphs

(c)and

(f)of the NPRM to reference Revision 01 of EMBRAER Service Bulletin 145-53-0059, dated March 9, 2006. EMBRAER states that Revision 01 has been issued to correct a certain part number. We agree. As stated previously, we have revised this supplemental NPRM to reference Revision 01 of the service bulletin. Request To Reference New Brazilian Airworthiness Directive EMBRAER states that the DAC has issued Brazilian airworthiness directive 2006-01-01R1, effective May 23, 2006, to correct the airplane applicability and the part number discussed previously. Therefore, EMBRAER requests that we revise paragraph

(h)of the NPRM to reference Brazilian airworthiness directive 2006-01-01R1. We agree. As stated previously we have revised paragraph

(h)of this supplemental NPRM to reference Brazilian airworthiness directive 2006-01-01R1. No change to the applicability of this supplemental NPRM is necessary, since we differed from Brazilian airworthiness directive 2006-01-01, as explained in the original NPRM. Request To Give Credit for the Original Issue of the Service Bulletin EMBRAER states that actions accomplished before the effective date of the AD in accordance with the original issue of EMBRAER Service Bulletin 145-53-0059, dated July 1, 2005, are acceptable for compliance with actions done in accordance with Revision 01. We infer EMBRAER requests that we add a credit paragraph to this supplemental NPRM for accomplishment of the original service bulletin. We disagree. Since Figure 4 of the original service bulletin incorrectly specifies removing P/N 145-53769-003 at fuselage location x=14,827.8, this supplemental NPRM would require additional work ( *i.e.* , removing P/N 145-53769-007 at fuselage location x=14,827.8). Further, EMBRAER has confirmed that although P/N 145-53769-003 does not exist at fuselage location x=14,827.8, it does exist elsewhere on the airplane; this could cause confusion in accomplishing the service bulletin. Therefore, we have not revised this supplemental NPRM is this regard. FAA's Determination and Proposed Requirements of the Supplemental NPRM Certain changes discussed above expand the scope of the original NPRM; therefore, we have determined that it is necessary to reopen the comment period to provide additional opportunity for public comment on this supplemental NPRM. Costs of Compliance This supplemental NPRM would affect about 97 airplanes of U.S. registry. The proposed actions would take about 10 work hours per airplane, at an average labor rate of $80 per work hour. Required parts would cost about $82 per airplane. Based on these figures, the estimated cost of this supplemental NPRM on U.S. operators is $85,554, or $882 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 supplemental NPRM 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): **Empresa Brasileira De Aeronautica S.A. (EMBRAER):** Docket No. FAA-2006-24440; Directorate Identifier 2006-NM-058-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by September 5, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to EMBRAER Model EMB-145XR airplanes, certificated in any category; as identified in EMBRAER Service Bulletin 145-53-0059, Revision 01, dated March 9, 2006. Unsafe Condition

(d)This AD results from instances where the shear plungers of the passenger seat legs were not adequately fastened. We are issuing this AD to prevent inadequate fastening of the seat leg shear plungers, which could result in failure of the passenger seat tracks during emergency landing conditions and consequent injury to passengers. 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. Replacement of Passenger Seat Tracks

(f)Within 5,000 flight hours after the effective date of this AD, replace segments of the internal and external passenger seat tracks with new, improved seat tracks, by accomplishing all of the actions specified in the Accomplishment Instructions of EMBRAER Service Bulletin 145-53-0059, Revision 01, dated March 9, 2006. Alternative Methods of Compliance (AMOCs) (g)(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.

(h)Brazilian airworthiness directive 2006-01-01R1, effective May 23, 2006, also addresses the subject of this AD. Issued in Renton, Washington, July 31, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-12832 Filed 8-7-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24788; Directorate Identifier 2006-NM-073-AD] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Proposed rule; withdrawal. SUMMARY: The FAA withdraws a notice of proposed rulemaking

(NPRM)that proposed a new airworthiness directive

(AD)for certain EMBRAER Model ERJ 170 airplanes. The proposed AD would have required performing a one-time inspection for proper crimping of the terminal lugs for the power cables of each integrated drive generator (IDG), installing a new sleeve on the terminal, and re-crimping if necessary. Since the proposed AD was issued, we have received new data from the manufacturer that the proposed actions have been done on all affected airplanes. Accordingly, the proposed AD is withdrawn. ADDRESSES: 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 U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Washington, DC. This docket number is FAA-2006-24788; the directorate identifier for this docket is 2006-NM-073-AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1175; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion We proposed to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) with a notice of proposed rulemaking

(NPRM)for a new AD for certain EMBRAER Model ERJ 170 airplanes. That NPRM was published in the **Federal Register** on May 17, 2006 (71 FR 28628). The NPRM would have required performing a one-time inspection for proper crimping of the terminal lugs for the power cables of each integrated drive generator (IDG), installing a new sleeve on the terminal, and re-crimping if necessary. The NPRM resulted from a report that the terminal lugs for the power cables of the IDGs may not be adequately crimped, which could allow the cables to be pulled out of the terminals with no significant force. The proposed actions were intended to prevent loss of all normal electrical power for the airplane, and consequent reduced controllability of the airplane. Actions Since NPRM Was Issued Since we issued the NPRM, Empresa Brasileira de Aeronautica S.A. (EMBRAER), the airplane manufacturer, has informed us that the proposed actions have been done on all affected airplanes. FAA's Conclusions Upon further consideration, we have determined that the proposed actions are no longer necessary because the proposed actions have already been accomplished on all airplanes listed in the applicability of the NPRM. Accordingly, the NPRM is withdrawn. Withdrawal of the NPRM does not preclude the FAA from issuing another related action or commit the FAA to any course of action in the future. Regulatory Impact Since this action only withdraws an NPRM, it is neither a proposed nor a final rule and therefore is not covered under Executive Order 12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Withdrawal Accordingly, we withdraw the NPRM, Docket No. FAA-2006-24788, Directorate Identifier 2006-NM-073-AD, which was published in the **Federal Register** on May 17, 2006 (71 FR 28628). Issued in Renton, Washington, on July 27, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-12836 Filed 8-7-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2001-NM-381-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330-200, A330-300, A340-200, and A340-300 Series Airplanes AGENCY: Federal Aviation Administration, Department of Transportation (DOT). ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of comment period. SUMMARY: This document revises an earlier proposed airworthiness directive (AD), applicable to all Airbus Model A330, A340-200, and A340-300 series airplanes. The original NPRM would have required repetitive inspections for discrepancies of the grease and gear teeth of the radial variable differential transducer of the nose wheel steering gearbox; or repetitive inspections for damage of the chrome on the bearing surface of the nose landing gear

(NLG)main fitting barrel; as applicable. And, for airplanes with any discrepancy or damage, the original NPRM would have required an additional inspection or corrective actions. This new action revises the proposed rule by adding a terminating action and removing certain airplanes from the applicability. The actions specified by this new proposed AD are intended to prevent incorrect operation or jamming of the nose wheel steering, which could cause reduced controllability of the airplane on the ground. This action is intended to address the identified unsafe condition. DATES: Comments must be received by September 5, 2006. ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2001-NM-381-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-381-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. For the service information referenced in the proposed rule, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. This information may be examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone

(425)227-2797; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited Interested persons are invited to participate in the making of the proposed rule 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 rule. 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 rule. 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 proposal 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-381-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-381-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. Discussion A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to add an airworthiness directive (AD), applicable to all Airbus Model A330, A340-200, and A340-300 series airplanes, was published as a notice of proposed rulemaking

(NPRM)in the **Federal Register** on June 16, 2004 (69 FR 33592). That original NPRM would have required repetitive detailed inspections for discrepancies of the grease and gear teeth of the radial variable differential transducer

(RVDT)of the nose wheel steering

(NWS)gearbox; or repetitive detailed inspections for damage of the chrome on the bearing surface of the nose landing gear

(NLG)main fitting barrel; as applicable. For airplanes with any discrepancy or damage, the original NPRM would have required an additional inspection or corrective actions. The original NPRM was prompted by a report from the Direction Générale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, of the failure of the NWS system on a Model A340 airplane. Problems associated with this failure, if not corrected, could result in incorrect operation or jamming of the NWS, and reduced controllability of the airplane on the ground. Actions Since Issuance of Previous Proposal The original NPRM was intended to address the unsafe condition identified in French airworthiness directives 2001-503(B) and 2001-504(B). Since we issued that NPRM, the DGAC has cancelled those airworthiness directives and issued new rulemaking on this subject to add a terminating action and remove airplanes modified in production. Explanation of New Service Information Airbus has issued the following Airbus service bulletins: Service Bulletins Action Airbus service bulletin Airplane models Messier-Dowty service bulletins referred to in Airbus service bulletins Repetitive inspections A330-32-3134, Revision 03, dated May 11, 2005, and Revision 04, dated April 3, 2006 A330-200 and -300 series airplanes Special Inspection Service Bulletins D23285-32-037, Revision 2, dated May 23, 2002; and D23285-32-044, dated January 12, 2004. A340-32-4172, Revision 03, dated May 11, 2005, and Revision 04, dated April 3, 2006 A340-200 and -300 series airplanes Special Inspection Service Bulletins D23285-32-037, Revision 2, dated May 23, 2002; and D23285-32-044, dated January 12, 2004. Modification A330-32-3164, dated June 27, 2003, and Revision 01, dated March 21, 2006 A330-200 and -300 series airplanes Service Bulletin D23285-32-042, dated June 19, 2003. A340-32-4204, dated June 27, 2003, and Revision 01, dated March 21, 2006 A340-200 and -300 series airplanes Service Bulletin D23285-32-042, dated June 19, 2003. Modification A330-32-3192, dated December 8, 2005 A330-200 and -300 series airplanes Service Bulletin D23581-32-047, dated December 1, 2005. A340-32-4227, dated December 8, 2005 A340-200 and -300 series airplanes Service Bulletin D23581-32-047, dated December 1, 2005. Service Bulletins A330-32-3134 and A340-32-4172, both Revision 02, both dated August 8, 2003, were described in the original NPRM. Revisions 03 and 04 of these service bulletins provides minor changes only; the procedures remain essentially unchanged. Service Bulletins A330-32-3164 and A340-32-4204 describe an inspection to identify the suffix number on the NLG leg assembly. For affected leg assemblies, the service bulletins also describe procedures for a modification that will improve the sealing between the RVDT gearboxes and the NLG steering collar to help prevent contamination of the RVDT gearboxes and the NLG main fitting. The modification involves replacing the RVDT drive gear ring and the housing of the NLG steering gear ring. Service Bulletins A330-32-3192 and A340-32-4227 describe an inspection to identify the suffix number on the NLG leg assemblies. For affected leg assemblies, the service bulletins also describe procedures for an NLG modification that will reduce wear and damage of the reinforced NLG steering collar and NLG main fitting. The modification involves adding two grease points and new bushes with revised grease paths, which will allow better grease distribution into the steering collar assembly. The modification also involves increasing the internal diameter tolerances of the steering collar, which will reduce the risk of contact between the steering collar and the main fitting at low temperature. Accomplishing both modifications described in Airbus Service Bulletins A330-32-3164, A340-32-4204, A330-32-3192, and A340-32-4227, as applicable, eliminates the need for the repetitive inspections. Accomplishing the actions specified in the service information described above is intended to adequately address the unsafe condition. The DGAC mandated the service information and issued French airworthiness directives F-2005-209 and F-2005-210, both dated December 21, 2005, to ensure the continued airworthiness of these airplanes in France. FAA's Determination In light of the DGAC's new rulemaking and the corresponding revised service bulletins described above, we have revised the supplemental NPRM to refer to the new information. Comments Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. Support for the Proposed AD One commenter, U.S. Airways, supports the original NPRM and the flexibility it offers in allowing operators the option of either inspecting the bearing surface or analyzing a grease sample. The commenter observes that this flexibility will allow operators to choose the inspection method and interval that best suit their maintenance schedules. Request To Clarify Inspection Conditions Paragraphs (b), (c), and

(d)of the original NPRM specify inspection requirements and compliance times based on accomplishment of Airbus Modification 51381. The procedures for the modification are described in Airbus Service Bulletins A330-32-3164 and A340-32-4204. One commenter, Airbus, suggests that identifying those service bulletins in the AD would help operators define the configuration of their airplanes to determine the relevant inspections. We infer that Airbus is requesting that we exclude from the AD applicability those airplanes on which the modification service bulletins have been accomplished in service. We disagree with the request. Although the applicability of French airworthiness directives F-2005-209 and F-2005-210 excludes airplanes on which Airbus Service Bulletins A340-32-4204 and A330-32-3164 (as well as A340-32-4227 and A330-32-3192) were done in service, the applicability of this supplemental NPRM does not exclude those airplanes. This supplemental NPRM would instead require the applicable modification(s) for airplanes with affected NLG leg assemblies, as specified in those service bulletins. This requirement would ensure that the applicable actions specified in the service bulletins and proposed in this supplemental NPRM are accomplished for all affected airplanes. Request To Revise Inspection Requirement for Certain Conditions Paragraph (d)(1) of the original NPRM specifies detailed inspections for discrepancies of the grease and gear teeth. One commenter, Airbus, states that operators cannot do a detailed inspection, as that term is defined in the original NPRM, of the grease because the associated service information instead specifies that the grease sample be sent to a laboratory for analysis. (This procedure is described in the secondary service bulletin, Messier-Dowty Special Inspection Service Bulletin D23285-32-037, for airplanes without Airbus Modification 51381 installed in production.) The commenter requests that we revise paragraph (d)(1) of the original NPRM to require a detailed inspection only of the gear teeth, which would be in line with the wording and instructions of the applicable service bulletins. Another commenter, Northwest Airlines, requests that we revise the original NPRM to clarify that it would require only a detailed inspection —not a lab analysis—of the grease. We partially agree. We agree that the inspection of the grease and the inspection of the gear teeth are different types of actions. And we agree with Airbus that a detailed inspection of the grease is not the appropriate terminology. But paragraph 2.B. of the Accomplishment Instructions of Messier-Dowty Special Inspection Service Bulletin D23285-32-037 specifies a grease “inspection,” which involves an analysis of the grease by sending grease samples to a lab for inspection and determination of further actions. We have revised the proposed requirement (paragraph (a)(1) in this supplemental NPRM) to distinguish an “inspection” of the grease (sending the grease to a laboratory for analysis) from a “detailed inspection” of the gear teeth. We disagree with Northwest Airlines' request to clarify that only a detailed inspection is required. As previously discussed, the AD requires two separate actions: A detailed inspection of the gear teeth and an inspection of the grease. The grease inspection specified in the Accomplishment Instructions involves analysis of the grease sample either by Messier-Dowty or another lab. We have not changed the final rule regarding this issue. Request To Cite Latest Service Information One commenter, Northwest Airlines, requests that we revise the original NPRM to refer to the latest revision of Messier-Dowty Special Inspection Service Bulletin D23285-32-037, which is Revision 2, dated May 23, 2002. As revised, the service bulletin provides for the grease analysis to be done at a lab chosen by the operator; however, a reporting form with results must be returned to Messier-Dowty. Likewise, this supplemental NPRM would provide for the option that the grease analysis be done at a lab chosen by the operator with the results to be evaluated by Messier-Dowty. Note 2 in this supplemental NPRM refers to Revision 2 of the service bulletin. Request To Define Allowable Grease Particle Content One commenter, U.S. Airways, which operates Model A330 airplanes, notes that there are no allowable limits for the grease particle content provided in Airbus Service Bulletin A330-32-3134 or Messier-Dowty Special Inspection Service Bulletin D23285-32-037. The original NPRM would allow only Messier-Dowty to do the grease sample analysis. The commenter requests that we revise the original NPRM to define acceptable grease particle content and permit operators to use alternative lab facilities to analyze the grease. We partially agree with the requests. As stated previously, Messier-Dowty Special Inspection Service Bulletin D23285-32-037 was revised to provide for the grease analysis to be done at a lab chosen by the operator. However, the criteria for acceptable grease particle content are complex and not appropriate to include in this supplemental NPRM. The grease analysis process includes establishing reference spectra for new grease samples, establishing the spectra for each grease sample taken, comparing the sample spectra to the reference, and identifying polluting agents. The allowable pollutant constituents, their allowable size and weights, and specification of the acceptable ranges for constituent concentrations of the grease when compared to the reference would greatly increase the complexity of this supplemental NPRM. Therefore, we have determined that it is necessary for operators to send the results to Messier-Dowty for evaluation. Request To Revise Compliance Time for Analysis As stated previously, Messier-Dowty Special Inspection Service Bulletin D23285-32-037 specifies sending grease samples to Messier-Dowty for analysis. If the grease sample analysis indicates any discrepancy, paragraph (d)(1) of the original NPRM would require a detailed inspection of the bearing surface within 3 months. One commenter, U.S. Airways, questions whether the 3-month period should be counted from the day the grease sample was taken or the day the results were provided to the operator. The commenter requests that we revise the original NPRM to specifically require the bearing surface inspection within 3 months after Messier-Dowty advises operators of discrepant results. According to the commenter, this suggested compliance time would avoid problems associated with the possible lag time between the time the operator sends a sample to the manufacturer and the time the operator receives the results. If an extended time is required for the analysis, operators may be required to inspect the bearing surface without adequate planning time. We do not agree with the request. We have determined that the bearing surface must be inspected within 3 months after the initial inspections of the grease and teeth. However, as previously stated, operators have their option of laboratories for the grease analysis, which could effectively lessen the impact on Messier-Dowty and decrease the lag time between submitting samples and receiving results. In addition, operators may request an extension of this time, in accordance with paragraph

(j)of this supplemental NPRM, if data are supplied that will ensure the continued operational safety of the fleet pending receipt of the lab analysis. We have not changed this proposed requirement (paragraph (a)(1) in this supplemental NPRM). Request To Clarify Inspection Requirements One commenter, Airbus, considers that paragraph

(e)of the original NPRM could be interpreted as requiring the same type of inspection at each interval. The commenter notes that Airbus Service Bulletins A330-32-3134 and A340-32-4172 offer operators the option of inspecting either the grease and gear teeth or the chrome on the bearing surface of the NLG main fitting barrel under the NWS rotating sleeve at the next inspection, within the applicable compliance times. The commenter requests that we clarify the repetitive inspection requirement. We agree that clarification is necessary. For each subsequent repetitive inspection, operators have the option of doing either inspection—regardless of the most recent inspection type performed, provided subsequent inspections are done within the specified intervals. The revisions in paragraph

(c)in this supplemental NPRM are intended to clarify this issue. Request To Clarify Inspection Compliance Time One commenter, Northwest Airlines, requests that we clarify the compliance times for the initial inspection in the original NPRM. The commenter suggests the following language: “If the NLG is more than 5 years old (since new or overhauled), accomplish the inspection within 700 flight hours of the effective date of the AD.” The commenter states that this will agree with Airbus Service Bulletin A330-32-3134. We do not agree. The commenter's requested change would allow additional time for some airplanes. We have determined that the compliance times, as proposed, will ensure an acceptable level of safety. We have not changed this supplemental NPRM regarding this issue. Request To Revise Cost Estimate The Cost Impact section of the original NPRM states that the chrome inspection (on the bearing surface under the rotating sleeve) would take about 2 work hours, and the grease and gear teeth inspection (on the RVDT ring) would take about 8 work hours. One commenter, Northwest Airlines, states that these estimates do not agree with those specified in the service information: • For the chrome inspection, Airbus Service Bulletin A330-32-3134 specifies 17 work hours to inspect, including 9 hours to prepare, test, and close up; and Messier-Dowty Service Bulletin D23285-32-037 specifies 8 work hours to inspect the bearing surface. • For the grease inspection, Airbus Service Bulletin A330-32-3134 (and A340-32-4172) specifies 10 work hours to inspect, including 8 hours to prepare, test, and close up; and Messier-Dowty Service Bulletin D23285-32-037 specifies 2 work hours to inspect the grease and gear teeth. The commenter states that the differences between the work hours for actual and incidental tasks will significantly affect the planning and scheduling of these inspection tasks. We partially agree with the commenter's interepretation of the service bulletin labor estimates. We have included work hours for post-inspection test preparation and tests. The cost estimates provided in the original NPRM generally reflect only the direct costs of the specific required actions based on the best data available from the manufacturer. We recognize that operators may incur incidental costs (such as the time for planning, access and close, and associated administrative actions) in addition to the direct costs. The cost analysis in ADs, however, typically does not include incidental costs. The compliance times in this supplemental NPRM should allow ample time for operators to do the required actions at the same time as scheduled major airplane inspection and maintenance activities, which would reduce the additional time and costs associated with special scheduling. Additional Changes to Original NPRM 1. We have 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. Although Model A330-302 and -303 airplanes have not yet been type certificated, FAA approval of these models is in process. We have changed the applicability in this supplemental NPRM to more closely parallel the effectivity section of the French airworthiness directives; the revised reference to Model A330 airplanes includes Model A330-302 and -303 airplanes. 2. We revised the inspection requirements to distinguish airplanes by configuration. Paragraphs

(a)through

(c)in this supplemental NPRM apply to airplanes without Airbus Modification 51381. Paragraph

(d)in this supplemental NPRM applies to airplanes with the modification. 3. We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. 4. After we issued the original NPRM, 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. Conclusion Since certain changes expand the scope of the originally proposed rule, the FAA has determined that it is necessary to reopen the comment period to provide additional opportunity for public comment. Cost Impact The following table provides the estimated costs for U.S. operators to comply with this supplemental NPRM. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost RVDT inspection, per inspection cycle 6 $80 None $480 11 $5,280. Chrome inspection, per inspection cycle 13 80 None $1,040 15 15,600. Modification (Service Bulletin A330-32-3164 or A340-32-4204) 15 80 10,244 to $11,337 $11,444 to $12,537 12 137,328 to $150,444. Rotating sleeve grease system modification (Service Bulletin A330-32-3192 or A340-32-4227) 15 80 Unknown From $1,200 23 From $27,600. 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: **Airbus:** Docket 2001-NM-381-AD. *Applicability:* The following airplanes, certificated in any category, except those modified in production by both Airbus Modifications 51381 and 53073: Model A330-201, -202, -203, -223, and -243 airplanes Model A330-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes Model A340-211, -212, and -213 airplanes Model A340-311, -312, and -313 airplanes *Compliance:* Required as indicated, unless accomplished previously. To prevent incorrect operation or jamming of the nose wheel steering (NWS), which could cause reduced controllability of the airplane on the ground, accomplish the following: Inspections: Airplanes Without Modification 51381

(a)For airplanes that were not modified in production by Airbus Modification 51381: Do the inspection specified in either paragraph (a)(1) or (a)(2) of this AD, in accordance with the required service bulletin identified in Table 1 of this AD, as applicable. The required compliance time is specified in paragraph

(b)of this AD.

(1)Inspect for discrepancies of the grease by sending it to a laboratory for analysis, and do a detailed inspection for discrepancies of the gear teeth of the radial variable differential transducer

(RVDT)driving ring and the gears in the RVDT gearboxes. If there are no discrepancies (such as metallic particles in the grease, abnormal wear of the gear teeth, or missing rubber sealant at the mating face between the main fitting and the RVDT gearbox), repeat the inspection as specified in paragraph

(c)of this AD. If there is any discrepancy, do the inspection in paragraph (a)(2) of this AD within 3 months after the inspection specified in paragraph (a)(1) of this AD.

(2)Do a detailed inspection for damage of the chrome on the bearing surface of the nose landing gear

(NLG)main fitting barrel under the NWS rotating sleeve. If there is no damage (such as flaking, corrosion, or blistering), repeat the inspection as specified in paragraph

(c)of this AD. If there is any damage, before further flight, do the corrective action in paragraph

(e)of this AD. Note 1: For the purposes of this AD, a detailed inspection is defined as: “An intensive visual examination of a specific structural area, system, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at intensity deemed appropriate by the inspector. Inspection aids such as mirror, magnifying lenses, etc., may be used. Surface cleaning and elaborate access procedures may be required.” Table 1.—Inspection Service Bulletins Airplane models Airbus service bulletin Required revision level Approved revision level (for actions done before the effective date of the AD) A330-200 and A330-300 series airplanes A330-32-3134 Revision 04, dated April 3, 2006 Original, dated September 11, 2001. Revision 01, dated November 29, 2001. Revision 02, dated August 8, 2003. Revision 03, dated May 11, 2005. A340-200 and A330-300 series airplanes A340-32-4172 Revision 04, dated April 3, 2006 Original, dated September 11, 2001. Revision 01, dated November 29, 2001. Revision 02, dated August 8, 2003. Revision 03, dated May 11, 2005.

(b)For airplanes identified in paragraph

(a)of this AD: Do the initial inspection specified in paragraph

(a)of this AD at the latest of the following times:

(1)Within 60 months after the date that the new NLG was installed on the airplane.

(2)Within 60 months after the last major NLG overhaul accomplished before the effective date of this AD.

(3)Within 700 flight hours after the effective date of this AD.

(c)For airplanes identified in paragraph

(a)of this AD: Repeat either inspection specified in paragraph (a)(1) or (a)(2) of this AD at intervals not to exceed the applicable interval specified in paragraph (c)(1) or (c)(2) of this AD, until the requirements of paragraph

(g)of this AD are done.

(1)If the most recent inspection was the inspection specified in paragraph (a)(1) of this AD, then the next inspection must be done within 8 months.

(2)If the most recent inspection was the inspection specified in paragraph (a)(2) of this AD, then the next inspection must be done within 18 months. Repetitive Inspections: Airplanes With Modification 51381

(d)For airplanes modified in production by Airbus Modification 51381: Perform a detailed inspection for damage of the chrome on the bearing surface of the nose landing gear

(NLG)main fitting barrel under the NWS rotating sleeve. Do the inspection at the later of the times specified in paragraphs (d)(1) and (d)(2) of this AD in accordance with the applicable required service bulletin identified in Table 1 of this AD. Repeat the inspection thereafter at intervals not to exceed 18 months, until the requirements of paragraph

(g)of this AD have been done.

(1)Within 60 months after the date that the new NLG was installed on the airplane.

(2)Within 60 months after the last major NLG overhaul accomplished before the effective date of this AD. Follow-On Investigative and Corrective Actions

(e)For all airplanes: If any damage or discrepancy is found during any inspection required by this AD, do the corrective action before further flight in accordance with the applicable required Airbus service bulletin identified in Table 1 of this AD, with the following exceptions:

(1)If discrepancies are found during any inspection specified in paragraph (a)(1) of this AD, the inspection in paragraph (a)(2) of this AD is required within 3 months.

(2)Where the service bulletin recommends contacting Messier-Dowty for appropriate action: Repair before further flight in accordance with a method approved by either the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; or the Direction Generale de l'Aviation Civile

(DGAC)(or its delegated agent). Note 2: Airbus Service Bulletins A330-32-3134 and A340-32-4172 refer to Messier- Dowty Special Inspection Service Bulletins D23285-32-037, Revision 2, dated May 23, 2002; and D23285-32-044, dated January 12, 2004; as additional sources of service information for the inspections. Credit for Prior Accomplishment

(f)Actions done before the effective date of this AD in accordance with an applicable Approved Revision Level of the service bulletin identified in Table 1 of this AD are acceptable for compliance with the corresponding requirements of paragraphs (a), (d), and

(e)of this AD. Modification

(g)For all airplanes: At the applicable time specified in paragraph (g)(1) or (g)(2) of this AD, modify the NLG as specified in Table 2 of this AD, as applicable.

(1)For NLGs overhauled before the effective date of this AD: At the later of the times specified in paragraphs (g)(1)(i) and (g)(1)(ii) of this AD:

(i)Within 60 months since the NLG was overhauled or 180 months since the NLG was new, whichever occurs first.

(ii)Within 6 months after the effective date of this AD.

(2)For NLGs not overhauled before the effective date of this AD: Within 120 months since the NLG was new, or within 6 months after the effective date of this AD, whichever occurs later. Table 2.—Modification For airplanes— Modify the NLG in accordance with— Without Airbus Modifications 51381 and 53073 done in production Both Airbus Service Bulletins A330-32-3164, dated June 27, 2003, or Revision 1, dated March 21, 2006; and A330-32-3192, dated December 8, 2005; Or both Airbus Service Bulletins A340-32-4204, dated June 27, 2003, or Revision 1, dated March 21, 2006; and A340-32-4227, dated December 8, 2005. With Airbus Modification 51381 but not Airbus Modification 53073 done in production Airbus Service Bulletin A330-32-3192, dated December 8, 2005; or A340-32-4227, dated December 8, 2005. With Airbus Modification 53073 but not Airbus Modification 51381 done in production Airbus Service Bulletin A330-32-3164, dated June 27, 2003, or Revision 01, dated March 21, 2006; or A340-32-4204, dated June 27, 2003, or Revision 01, dated March 21, 2006. Terminating Action

(h)Accomplishment of both NLG modifications specified in paragraph

(g)of this AD terminates the repetitive inspection requirements of this AD. Note 3: Airbus Service Bulletins A330-32-3164 and A340-32-4204 refer to Messier-Dowty Service Bulletin D23285-32-042, dated June 19, 2003, as an additional source of service information for the modification. Note 4: Airbus Service Bulletins A330-32-3192 and A340-32-4227 refer to Messier-Dowty Service Bulletin D23581-32-047, dated December 1, 2005, as an additional source of service information for the modification. Reporting

(i)Certain service bulletins specify to submit a report to the manufacturer. This AD does not require a report, unless the grease analysis required by paragraph (a)(1) of this AD is done at a lab chosen by the operator, which requires the results to be evaluated by Messier-Dowty. Alternative Methods of Compliance (j)(1) In accordance with 14 CFR 39.19, the Manager, International Branch, ANM-116, is authorized to approve alternative methods of compliance for this AD.

(2)Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Note 5: The subject of this AD is addressed in French airworthiness directives F-2005-209 and F-2005-210, both dated December 21, 2005. Issued in Renton, Washington, on July 31, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-12834 Filed 8-7-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 740, 742, 744, and 748 Meetings in Boston, Chicago, Houston and La Jolla With Interested Public on the Proposed Rule: Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User ACTION: Notice of meetings. SUMMARY: The Bureau of Industry and Security

(BIS)will hold meetings on August 15, 17, 21 and 22, 2006 for those companies, organizations, and individuals that have an interest in understanding the United States' revised policy for exports and reexports of dual-use items to the People's Republic of China

(PRC)as presented in the proposed rule published in the **Federal Register** on July 6, 2006. U.S. Government officials will explain the amendments proposed in the rule and answer questions from the public. DATES: The meeting dates are: 1. August 15, 2006, 12:00 noon, Boston, Massachusetts. 2. August 17, 2006, 10:30 a.m., Chicago, Illinois. 3. August 21, 2006, 9:00 a.m., Houston, Texas. 4. August 22, 2006, 8:30 a.m., La Jolla, California. ADDRESSES: The meeting locations are: 1. Boston—Doubletree Guest Suites Boston/Waltham, 550 Winter Street, Waltham, Massachusetts 02451. 2. Chicago—Four Points Sheraton/Chicago O'Hare, 10249 W. Irving Park Road, Schiller Park, Illinois 60176. 3. Houston—University of Houston, Small Business Development Center, Suite 200, 2302 Fannin Street, Houston, Texas 77002. 4. La Jolla—The University of California, San Diego Campus, Institute of the Americas, Copley International Conference Center, Hojel Hall of the Americas Auditorium, 10111 North Torrey Pines Road, La Jolla, California 92037. FOR FURTHER INFORMATION CONTACT: For further information please contact the Outreach and Educational Services Division at telephone number

(202)482-4811, the Western Region Office at telephone number

(949)660-0144 ext. 0, or Kathleen Barfield at

(202)482-5491. SUPPLEMENTARY INFORMATION: *Status:* These meetings will be open to the public. Background On July 6, 2006, the Bureau of Industry and Security

(BIS)published a rule in the **Federal Register** that proposed amendments to the Export Administration Regulations

(EAR)that would revise and clarify the United States' policy for exports and reexports of dual-use items to the People's Republic of China (PRC). Specifically, the proposed rule states that it is the policy of the United States Government to prevent exports that would make a material contribution to the military capability of the PRC, while facilitating U.S. exports to legitimate civil end-users in the PRC. Consistent with this policy, BIS proposes to amend the EAR by revising and clarifying United States licensing requirements and licensing policy on exports and reexports of goods and technology to the PRC. The proposed amendments include a revision to the licensing review policy for items controlled on the Commerce Control List

(CCL)for reasons of national security, including a new control based on knowledge of a military end-use on exports to the PRC of certain CCL items that otherwise do not require a license to the PRC. The items subject to this license requirement will be set forth in a list. This rule further proposes to revise the licensing review policy for items controlled for reasons of chemical and biological proliferation, nuclear nonproliferation, and missile technology for export to the PRC, requiring that applications involving such items be reviewed in conjunction with the revised national security licensing policy. This rule proposes the creation of a new authorization for validated end-users in certain destinations, including the PRC, to whom certain, specified items may be exported or reexported. Such validated end-users would be placed on a list in the EAR after review and approval by the United States Government. Finally, this rule proposes to require exporters to obtain End-User Certificates, issued by the PRC Ministry of Commerce, for all items that both require a license to the PRC for any reason and exceed a total value of $5,000. The current PRC End-Use Certificate applies only to items controlled for national security reasons. This rule also proposes to eliminate the current requirement that exporters submit PRC End-User Certificates to BIS with their license applications but provides that they must retain them for five years. Dated: August 3, 2006. Matthew S. Borman, Deputy Assistant Secretary for Export Administration, Bureau of Industry and Security. [FR Doc. E6-12864 Filed 8-7-06; 8:45 am] BILLING CODE 3510-33-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-R09-OAR-2006-AZ-0388; FRL-8206-3] Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of Arizona; Finding of Attainment for Rillito Particulate Matter of 10 Microns or Less (PM 10 ) Nonattainment Area; Determination Regarding Applicability of Certain Clean Air Act Requirements; Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to determine that the Rillito moderate PM-10 nonattainment area in Arizona attained the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM 10 ) by the applicable attainment date. In addition, EPA proposes to find that the Rillito area is currently attaining the PM 10 standards, and based on this latter finding, EPA is proposing to determine that certain Clean Air Act requirements are not applicable for so long as the Rillito area continues to attain the PM 10 NAAQS. Lastly, EPA is proposing to correct an error in a previous rulemaking that involved the classification of PM 10 nonattainment areas within the State of Arizona. DATES: Any comments on this proposal must arrive by September 7, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-OAR-2006-AZ-0388 by one of the following methods: • Federal eRulemaking portal: *http://www.regulations.gov* . Follow the on-line instructions for submitting comments. • E-mail: *tax.wienke@epa.gov* . • Fax:

(415)947-3579 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • Mail: Wienke Tax, Office of Air Planning, Environmental Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 Hawthorne Street, San Francisco, California 94105-3901. • Hand Delivery: Wienke Tax, Office of Air Planning, Environmental Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 Hawthorne Street, San Francisco, California 94105-3901. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-R09-OAR-2006-AZ-0388. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA, without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in * http:// www.regulations.gov * or in hard copy at the Office of Air Planning, Environmental Protection Agency (EPA), Region 9, Mailcode AIR-2, 75 Hawthorne Street, San Francisco, California 94105-3901. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Wienke Tax, Office of Air Planning, U.S. Environmental Protection Agency, Region 9,

(520)622-1622, e-mail: *tax.wienke@epa.gov* . SUPPLEMENTARY INFORMATION: Throughout this document, wherever “we,” “us,” or “our” is used, we mean the EPA. This proposal addresses the determination that the Rillito moderate PM 10 nonattainment area in Arizona attained the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM 10 ) by the applicable attainment date. This proposal also addresses the determination that, because the Rillito area continues to attain the PM 10 standards, certain attainment demonstration requirements, along with other related requirements of the CAA, are not applicable to the Rillito area. Lastly, EPA is proposing to correct an error in a previous rulemaking that involved the classification of PM 10 nonattainment areas within the State of Arizona. In the Rules and Regulations section of this **Federal Register** , we are taking direct final action to make these determinations because we believe this action is not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive comments, no further activity is planned. For all the reasons explained in the parallel direct final notice, we propose to determine that the Rillito moderate PM 10 nonattainment area in Arizona attained the National Ambient Air Quality Standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM 10 ) by the applicable attainment date. A determination of attainment is not a redesignation to attainment under CAA section 107(d)(3) because we have not yet approved a maintenance plan as required under section 175A of the CAA or determined that the area has met the other CAA requirements for redesignation. 1 1 Note, however, that on January 17, 2006, EPA published proposed revisions to the NAAQS for particulate matter. See *http://www.epa.gov/fedrgstr/EPA-AIR/2006/January/Day-17/* . The proposed revisions address two categories of particulate matter: fine particles which are particles 2.5 micrometers in diameter and smaller; and “inhalable coarse” particles which are particles between 2.5 and 10 micrometers (PM 10-2.5 ). Upon finalization of a primary 24-hour standard for PM 10-2.5 , EPA proposes to revoke the current 24-hour PM 10 standard in all areas of the country except in areas where there is at least one monitor located in an urbanized area (as defined by the U.S. Bureau of the Census) with a minimum population of 100,000 that violates the current 24-hour PM 10 standard based on the most recent three years of data. In addition, EPA proposes to revoke the current annual PM 10 standard upon finalization of a primary 24-hour standard for PM 10-2.5 . We further propose to determine that, because the Rillito area has continued to attain the PM 10 NAAQS, certain attainment demonstration requirements, along with other related requirements of the CAA, are not applicable to the Rillito area. Lastly, EPA is proposing to correct an error in a previous rulemaking that involved the classification of PM 10 nonattainment areas within the State of Arizona. For further information on this proposal and the rationale underlying our proposed action, please see the direct final action. Dated: July 26, 2006. Wayne Nastri, Regional Administrator, Region 9. [FR Doc. E6-12762 Filed 8-7-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF LABOR Veterans' Employment and Training Service 41 CFR Part 61-300 RIN 1293-AA12 Annual Report From Federal Contractors AGENCY: Veterans' Employment and Training Service (VETS), Labor. ACTION: Notice of proposed rulemaking. SUMMARY: This proposed rule would create a new part, 41 CFR part 61-300, to implement certain provisions of the Jobs for Veterans Act (“JVA”) (Pub. L. 107-288) which amended the Vietnam Era Veterans” Readjustment Assistance Act of 1974, as amended (“VEVRAA”). Prior to amendment by the JVA, VEVRAA and its implementing regulations required all contractors and subcontractors with Federal contracts in excess of $25,000 to use the Federal Contractor Veterans' Employment Report VETS-100 form (“VETS-100 Report”) to report their efforts toward hiring veterans in four specified categories. The JVA raised the VETS-100 reporting threshold from $25,000 to $100,000, and modified the categories of veterans to be tracked in the reports, for contracts entered on or after December 1, 2003. Prior to amendment by the JVA, VEVRAA required all covered contractors to report on incumbents who fall within the following veteran status categories: Veterans of the Vietnam era; special disabled veterans; other protected veterans; and recently separated veterans. The Jobs for Veterans Act changed the reporting categories to: disabled veterans; other protected veterans; Armed Forces service medal veterans; and recently separated veterans. Additionally, the JVA requires Federal contractors and subcontractors to report the total number of all current employees in each job category and at each hiring location. The JVA made these changes for all contracts entered into on or after December 1, 2003. The Veterans' Employment and Training Service (“VETS”) proposes that the reporting requirements for this rule become effective for the calendar year 2007, which is reported on September 30, 2008. This rule would implement those changes, along with other changes to the VETS-100 Report that either are required by the JVA or will improve the administration of the related veterans' programs. DATES: To be assured of consideration, comments must be received on or before October 10, 2006. ADDRESSES: You may submit comments, identified by RIN number 1293-AA12, by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. • E-mail: *FCP-NPRM-04-VETS@dol.gov.* Include “RIN number 1293-AA12” in the subject line of the message. • Fax:

(202)693-4755 (for comments of 10 pages or less). • Mail: Robert Wilson, Chief, Division of Investigation and Compliance, VETS, U.S. Department of Labor, Room S-1316, 200 Constitution Avenue, NW., Washington, DC 20210. All submissions received must include the agency name and Regulatory Information Number

(RIN)for this rulemaking. Receipt of submissions, whether by U.S. Mail, e-mail or FAX transmittal, will not be acknowledged; however, the sender may request confirmation that a submission has been received, by telephoning VETS at

(202)693-4726 (VOICE) (this is not a toll-free number) or

(877)670-7008 (TTY/TDD). All comments received, including any personal information provided, will be available for public inspection during normal business hours at the above address. People needing assistance to review comments will be provided with appropriate aids such as readers or print magnifiers. Copies of this Notice of Proposed Rulemaking will be made available in the following formats: large print; electronic file on computer disk; and audiotape. To schedule an appointment to review the comments and/or to obtain the Notice of Proposed Rulemaking in an alternate format, contact VETS at the telephone numbers or address listed above. FOR FURTHER INFORMATION CONTACT: Robert Wilson, Chief, Division of Investigation and Compliance, VETS, at the U.S. Department of Labor, Room S-1316, 200 Constitution Avenue, NW., Washington, DC 20210, or by e-mail at *FCP-NPRM-04-VETS@dol.gov.* SUPPLEMENTARY INFORMATION: The preamble to this NPRM is organized as follows: I. Background—provides a brief description of the development of these proposed regulations. II. Section-by-Section Review of the Rule—summarizes pertinent aspects of the proposed regulatory text and describes its purposes and application. III. Regulatory Procedure—sets forth the applicable regulatory requirements. I. Background The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (“VEVRAA”) requires at 38 U.S.C. 4212(d) that Federal contractors report annually to the Secretary of Labor about their employment of certain categories of veterans. The Department of Labor has established the VETS-100 Report as the means of reporting the required information. On November 7, 2002, the President signed the Jobs for Veterans Act (JVA), which amended VEVRAA to make two changes to reporting requirements applicable to contracts entered into on or after December 1, 2003:

(1)It raised from $25,000 to $100,000, the size of the contract required before an employer is covered by VEVRAA and is required to submit the VETS-100 Report; and

(2)it modified the categories of veterans to be tracked in the reports. The part 61-300 rule proposed today is modeled upon the current regulation implementing the VEVRAA Annual Report From Federal Contractors, found in part 61-250. Today's proposal differs from the part 61-250 rule in two ways: it implements the changes made by the JVA to reporting requirements, and it makes changes designed to improve the readability of the rule. This rule is not intended to create other substantive differences from the part 61-250 rule. Because the JVA amendments apply only to contracts entered on or after December 1, 2003, it will be necessary for VETS to maintain two sets of Federal contractor regulations. The regulations implementing the reporting requirements as amended by the JVA will be located in the new 41 CFR part 61-300 and will apply to contracts entered on or after December 1, 2003. The pre-JVA operating requirements will continue to be located at 41 CFR part 61-250 and will apply to contracts entered before December 1, 2003. Contractors with contracts entered both before, and on or after December 1, 2003, will be subject to both the requirements found in part 61-250 and the requirements proposed for this part 61-300. To differentiate the VETS-100 Report required for contracts entered before December 1, 2003, from the VETS-100A Report required for contracts entered on or after December 1, 2003, we propose a slightly different name for the new Report form. The report required for contracts entered before December 1, 2003, would continue to be the VETS-100 Report. The report required for contracts entered on or after December 1, 2003, would be the VETS-100A Report. VETS understands that contractors will need time to update their recordkeeping systems to collect the data required by the VETS-100A Report. Consequently, to give contractors time to update their recordkeeping systems and to collect the data required to complete the VETS-100A Report, the VETS-100A reporting requirement will become effective for the calendar year 2007, which will be reported in the VETS-100A Report to be filed by September 30, 2008. The JVA changes the categories of qualified covered veterans under VEVRAA. Prior to the JVA, VEVRAA protected veterans of the Vietnam era, special disabled veterans, other protected veterans, and recently separated veterans. The JVA eliminated the coverage category of veterans of the Vietnam era. However, many individuals previously categorized under this category will continue to be covered under the categories of campaign badge veterans and disabled veterans. The JVA added a new category of Armed Forces service medal veterans and expanded the coverage of veterans with disabilities to include all veterans with service-connected disabilities. It also expanded the coverage of recently separated veterans from one year after discharge or release from active duty, to three years. The category of “disabled veterans” is broader than the “special disabled veterans” category it replaces. The category of “disabled veterans” includes all veterans who are entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs or who were discharged or released from active duty because of a service-connected disability. The proposed rule differs from the pre-JVA VEVRAA implementing regulation by eliminating redundant definitions, references, and instructions, such as the twice-repeated definition of “job category.” This streamlining is designed to make the part 300 rule more “reader friendly” and is not intended to create other substantive differences from the part 61-250 rule. Finally, the proposed rule would clarify that only veterans of the U.S. Armed Forces are covered by the JVA. II. Section-by-Section Review of the Rule This proposed rule is modeled on the pre-JVA VEVRAA regulations at 41 CFR part 61-250. The section-by-section review focuses on the differences between the proposed rule and the part 61-250 regulations. The proposed rule differs from part 61-250 in two respects:

(1)it incorporates the requirements of the JVA, and

(2)it contains several minor language differences designed to streamline and improve the readability of this version of the VEVRAA regulations. Unless specified below, none of these minor language differences are intended to create a difference in substantive meaning between the proposed rule and parallel provisions of part 61-250. For a discussion of provisions of the proposal that are the same as those found in part 61-250, see 65 FR 59684 (October 5, 2000) ( **Federal Register** Notice of Propose Rulemaking for current part 61-250 rule) and 66 FR 51998 (October 11, 2001) ( **Federal Register** Final Rule for current part 61-250 rule). Section 61-300.1 What are the purpose and scope of this part? This section would raise the threshold contract amount for filing reports from $25,000 to $100,000 for contracts entered on or after December 1, 2003, and would substitute the term “qualified covered veterans” for “protected veterans” to implement the new statutory requirement in the JVA. Paragraph

(a)also is proposed to state that these VEVRAA regulations apply only to contracts that were entered on or after December 1, 2003. Contracts that were entered before December 1, 2003, continue to be governed by the VEVRAA requirements located in part 61-250. Paragraph

(a)would make the point that any contractor covered by the affirmative action provision of VEVRAA (38 U.S.C. 4212(a)) would be required to file a VETS-100A Report under the part 61-300 regulations implementing the reporting provisions of VEVRAA (38 U.S.C. 4212(d)). Paragraph

(a)of the parallel provision at 41 CFR 61-250.1(a) expresses the same point by stating that contractors subject to the regulations implementing the affirmative action provision of VEVRAA (41 CFR part 60-250) are required to file a VETS-100 Report. Section 61-300.1(a) would reference the affirmative action requirements of the statute, rather than the affirmative action implementing regulations, because those regulations have not yet been updated to reflect changes required by the JVA. Paragraph

(c)of this section would differ from 41 CFR 61-250.1 in that it corrects the citation to the “separate facility” exemption contained in 41 CFR 60-250.4(b)(3). Paragraph

(d)of this section would be identical to 41 CFR 61-250.1(d) but for the addition of a new footnote. The proposed footnote discusses the affirmative action obligation guidance contained in the OFCCP VEVRAA regulations located at 41 CFR part 60-250. The footnote would state that, although the categories of protected veterans have changed, the guidance in the OFCCP regulation is still valid. Section 61-300.2 What definitions apply to this part? Section 61-300.2 is nearly identical to section 61-250.2 but for the changes necessary to implement the JVA and one change to clarify the definition of “job category.” The JVA defines several new or revised categories of protected veterans. The proposal incorporates the JVA definitions of these categories of protected veterans into this definition section. Paragraph (b)(4) would define “disabled veteran,” paragraph (b)(5) would define “other protected veteran,” paragraph (b)(6) would define “Armed Forces service medal veteran,” paragraph (b)(7) would define “recently separated veteran,” paragraph (b)(8) would define “covered veteran,” and paragraph (b)(9) would define the term “qualified,” as required by the JVA. The JVA defines the term “recently separated veteran” as “any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty.” See 38 U.S.C. 4211(6). We propose to clarify the definitions of Armed Forces service medal veteran, other protected veteran, and recently separated veteran to state that only veterans of the U.S. Armed Forces are protected under these regulations. The definition of “eligibility period” would not be carried over from the part 61-250 rule because it is not used in this regulation. Paragraph (b)(14) would add a definition for the phrase “covered incumbent veteran,” as it is defined in the JVA, to use as a shorthand phrase for collectively referring to all categories of protected veterans. Lastly, paragraph (b)(15) would define “covered contract” to explain the meaning of the term as used in part 61-300, incorporating by reference the definitions pertinent to contract coverage contained in the regulations implementing the affirmative action provisions of VEVRAA at 41 CFR 60-250.2. Section 61-300.10 What reporting requirements apply to Federal contractors and subcontractors, and what specific wording must the reporting requirements contract clause contain? This section is parallel to the requirement in 41 CFR part 61-250.10 that covered Federal contractors and subcontractors submit reports annually regarding their hiring and employment of qualified covered veterans in accordance with the VETS-100 reporting clause. The VETS-100A reporting clause proposed in section 61-300.10 would be the same as the clause at 61-250.10, except for updates to reflect changes required by the JVA. The categories would be those prescribed by the JVA and defined in section 61-300.2:

(1)Disabled veterans;

(2)other protected veterans;

(3)Armed Forces service medal veterans, and

(4)recently separated veterans. Section 61-300.10 would include the JVA requirement that covered Federal contractors and subcontractors include in the VETS-100A Report the total number of their employees, by job category and hiring location. Section 61-250.10 also includes required language for the reporting clause that must be included in each covered Federal contract and subcontract. Paragraph (a)(1) of the clause would add the requirement that contractors and subcontractors report on their total employment. Paragraphs (a)(1) and (a)(2) of the clause would change the reporting categories of covered veterans (as defined in § 300.2). These changes are required by the JVA. Paragraph (a)(1) also differs from the parallel provision of part 61-250 in that the word “total” has been added to clarify that the report must reflect the total number of employees in the workforce of the contractor. Paragraph (c), which prescribes the date for filing a VETS-100A Report, is the same as the parallel provision in 41 CFR 61-250.10 except for editing to improve readability and designating the name of the report as “VETS-100A Report.” Paragraphs

(b)and

(e)also would differ in that the name of the report would be the “VETS-100A Report.” Section 61-300.11 On what form must the data required by this part be submitted? In part 61-250 some instructions for completing the VETS-100 Report are located in the regulations (section 61-250.11) and additional instructions are located in the VETS-100 Report form (Appendix A.) In part 61-300 we propose to consolidate the instructions for completing the VETS-100A Report onto the report form located in Appendix A (discussed below) without discussion of the instructions in the regulations. The proposed consolidation of instructions, as well as changes required by the JVA, are discussed below. Paragraph

(a)would provide that a copy of the VETS-100A Report and instructions may be found in Appendix A. Additionally, in paragraph (a), VETS proposes to state that the report is “provided” annually to contractors who are included in the VETS-100 database. Part 61-250.11(a) states that the VETS-100 Report is “mailed” annually to contractors who are included in the VETS-100 database. The use of the term “provided” would allow VETS greater flexibility in distribution format of the VETS-100A Report. Paragraph

(a)also states that VETS' failure to provide a contractor with a VETS-100A Report does not excuse a contractor from the requirement of submitting a VETS-100A Report. Paragraph

(b)is identical to paragraph

(b)in 41 CFR 61-250.11. Paragraph

(c)would contain the same information as 41 CFR 61-250.11(c). However, the proposed section 61-300.11(c) language, in accordance with plain language principles, is simplified. The requirement that a contractor or subcontractor must submit a VETS- 100A Report on September 30 of each year following a calendar year in which a contractor or subcontractor held a covered contract or subcontract is unchanged. Paragraph

(d)is identical to paragraph

(d)in 41 CFR 61-250.11. Paragraph

(e)is identical to paragraph

(e)in 41 CFR 61-250.11, except that the Internet address where requests for the VETS-100A Report may be made is updated. Section 61-300.20 How will DOL determine whether a contractor or subcontractor is complying with the requirements of this part? The proposed section 61-300.20 is identical to section 61-250.20. Section 61-300.99 What is the OMB control number for this part? This section is the same as section 61-250.99, except that the section title would read, “What is the OMB control number for this part?” instead of “What are the OMB control numbers for this part?” to reflect the single OMB control number assigned to this information collection. Appendix A to Part 61-300—Federal Contractor Veterans' Employment Report VETS-100A The proposed part 61-300 VETS-100A Report and instructions contained in the proposed Appendix A are different in two ways from the VETS-100 Report form and instructions found in the part 61-250 regulation's Appendix A. First, this proposal consolidates all information necessary to the completion of a VETS-100A Report into the proposed instructions. Second, the proposed VETS-100A Report and instructions would incorporate changes required by the JVA. A section-by-section description of differences between the part 61-250 and proposed part 61-300 instructions follows. *Report Title:* The report's title is proposed to read, “VETS-100A Report” to conform with the new naming convention used in the VETS-100 Reporting program. Also, directly under the Report title, we propose to add the instruction that the VETS-100A Report is for contracts entered on or after December 1, 2003. *Who Must File:* This paragraph describes who must file a VETS-100A Report. The proposed paragraph sets forth a reporting threshold amount of $100,000 or more for contracts entered on or after December 1, 2003, as required by the JVA. Additionally, this paragraph would state that nonexempt Federal contractors and subcontractors whose contracts were entered before December 1, 2003 are required to complete a VETS-100 Report. Finally, this paragraph would reference the report as the “VETS-100A Report.” *When/Where To File:* This paragraph describes when and where the VETS-100A Report must be filed. This proposed paragraph is identical to the corresponding paragraph in the part 61-250 VETS-100 Report form instructions. However, the title of the paragraph reads “When/Where To File” instead of “When To File” to more accurately reflect the instructions provided in the paragraph. *Legal Basis for Reporting Requirements:* This paragraph describes the statutory basis for requiring the VETS-100A Report. This proposed paragraph is different from the corresponding paragraph in the part 61-250 VETS-100 Report form instructions in that the individual categories of qualified covered veterans protected under VEVRAA would no longer be listed and a United States Code citation rather than a Public Law citation would be provided. *How To Submit the VETS-100A Report:* This proposed paragraph describes how the VETS-100A Report must be submitted. This paragraph differs from the parallel paragraph of Appendix A in part 61-250 in that instructions from sections 61-250.11(b) and 61-250.11(c) are incorporated into this paragraph. Also, this paragraph would reference the report as the “VETS-100A Report.” *Recordkeeping:* This proposed paragraph conforms to the paperwork package approved for the Federal Contractor Veterans' Employment Report (VETS-100A), and references the report as the “VETS-100A Report.” *How To Prepare Forms:* This proposed paragraph describes how to prepare the VETS-100A Report. This paragraph differs from the corresponding paragraph in the part 61-250 VETS-100 Report form instructions by moving an instruction that was on the VETS-100 Report form in Appendix A to the VETS-100A Report instructions in Appendix A. Additionally, an instruction is added discussing when to use the VETS-100 Report, when to use the VETS-100A Report, and when to use both the VETS-100 and VETS-100A Report forms. Finally, this paragraph would reference the report as the “VETS-100A Report.” *Company Identification Information:* This proposed paragraph describes how to receive information if there are questions regarding a company's identification number. This paragraph differs from the corresponding paragraph in the part 61-250 VETS-100 Report form instructions by including an updated telephone number for contractors to call for information. *Information on Employees:* This proposed paragraph describes how to count the number of veterans, employees, new hires, and the maximum and minimum number of employees in a contractor's or subcontractor's labor force. It differs from the corresponding paragraph in the part 61-250 VETS-100 Report form instructions by incorporating the new categories of protected veterans into the instructions and describing the renumbering of the VETS-100A Report. Additionally, in the subparagraph titled “maximum/minimum employees” we propose to update the regulatory citation. *Definitions:* This proposed paragraph presents the definitions of the categories of veterans protected under the JVA: “disabled veteran;” “other protected veteran;” “Armed Forces service medal veteran;” and “recently separated veteran;” as well as a definition for “covered veteran” and “job categories.” The reference to “hiring location” would contain an updated regulatory citation. Additionally, this paragraph would include a website link where individuals can find the VETS-100 Report and the VETS-100A Report regulations in their entirety. III. Regulatory Procedures Paperwork Reduction Act This proposed rule contains information collections that are subject to review by the Office of Management and Budget

(OMB)under the Paperwork Reduction Act of 1995. The proposed rule would create a new part, 41 CFR part 61-300, to implement the new JVA reporting requirements. The VETS-100 reporting requirements applicable to contracts entered before December 1, 2003, are currently approved under OMB No. 1293-2005 and will be revised to reflect provisions of this regulation. We estimate the collection burden that would be imposed under the proposed rule to be 60 minutes per respondent. A description of the information to be collected is shown below. Contractors and subcontractors will be required to collect data on modified categories of covered veterans, which is to include disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans. These changes are required by the JVA. VETS invites the public to comment on whether the proposed collection of information:

(1)Ensures that the collection of information is necessary to the proper performance of the agency, including whether the information will have practical utility;

(2)estimates the projected burden, including the validity of the methodology and assumptions used, accurately;

(3)enhances the quality, utility, and clarity of the information to be collected; and

(4)minimizes 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 (e.g., permitting electronic submission of responses). Executive Order 12866 Executive Order (E.O.) 12866 requires that regulatory agencies assess both the costs and benefits of intended regulations. Under Executive Order 12866, the Department must determine whether the regulatory action is “significant” and therefore subject to the requirements of the Executive Order and subject to review by the Office of Management and Budget (OMB). Under section 3(f), the order defines a “significant regulatory action” as an action that is likely to result in a rule

(1)having an annual effect on the economy of $100 million or more, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities (also referred to as “economically significant”);

(2)creating serious inconsistency or otherwise interfering with an action taken or planned by another agency;

(3)materially altering the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)raising novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. The Department has determined that this proposed rule is a “significant regulatory action” within the meaning of E.O. 12866 because of the public interest and policy issues raised by the rulemaking. This rule is not an “economically significant regulatory action,” however, because it will not have an economic effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. Unfunded Mandates Executive Order 12875—The proposed rule will not create an unfunded Federal Mandate upon any State, local, or tribal government. Unfunded Mandate Reform Act of 1995—The proposed rule will not include any Federal mandate that may result in increased expenditures by State, local and tribal governments in the aggregate of $100 million or more, or increased expenditures by the private sector of $100 million or more. Executive Order 13132, Federalism This notice of proposed rulemaking will not have substantial direct effects 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, the requirements of section 6 of Executive Order 13132 do not apply to this rule. Regulatory Flexibility Act This notice of proposed rulemaking does not substantially change the existing obligation of Federal contractors or subcontractors. The Department of Labor certifies that the proposed rule will not have a significant economic impact on a substantial number of small business entities. Therefore, no regulatory flexibility analysis is required. Clarity of This Regulation Executive Order 12866 and the President's memorandum of June 1, 1998, require each agency to write all rules in plain language. The Department invites comments on how to make this proposed rule easier to understand. List of Subjects in 41 CFR Part 61-300 Government contracts, Reporting and recordkeeping requirements, Veterans. Signed at Washington, DC, this 1st day of August, 2006. Charles S. Ciccolella, Assistant Secretary of Labor for Veterans' Employment and Training Service. For the reasons set forth in the preamble, 41 CFR part 61-300 is proposed to be added to read as follows: PART 61-300—ANNUAL REPORT FROM FEDERAL CONTRACTORS Sec. 61-300.1 What are the purpose and scope of this part? 61-300.2 What definitions apply to this part? 61-300.10 What reporting requirements apply to Federal contractors and subcontractors, and what specific wording must the reporting requirements contract clause contain? 61-300.11 On what form must the data required by this part be submitted? 61-300.20 How will DOL determine whether a contractor or subcontractor is complying with the requirements of this part? 61-300.99 What is the OMB control number for this part? Appendix A—Federal Contractor Veterans' Employment Report VETS-100A Authority: 38 U.S.C. 4211 and 4212, VEVRAA as amended. § 61-300.1 What are the purpose and scope of this part?

(a)This part 61-300 implements 38 U.S.C. 4212(d) as amended by the Jobs for Veterans Act. Each contractor or subcontractor who enters into a contract on or after December 1, 2003, in the amount of $100,000 or more with any department or agency of the United States for the procurement of personal property and non-personal services (including construction), and who is subject to 38 U.S.C. 4212(a), must submit a report according to the requirements of part 61-300. Any contractor or subcontractor whose only contract with any department or agency of the United States for the procurement of personal property and non-personal services (including construction) was entered into before December 1, 2003, must follow part 61-250 implementing 38 U.S.C. 4212(d). Any contractor or subcontractor who has a contract of $25,000 or more entered before December 1, 2003, and has a contract of $100,000 or more entered on or after December 1, 2003, is required to file both the VETS-100 Report and the VETS-100A Report as instructed in parts 61-250 and 61-300.

(b)Notwithstanding the regulations in this part, the regulations at 41 CFR part 60-250, administered by OFCCP continue to apply to contractors' and subcontractors' affirmative action obligations regarding veterans.

(c)Reporting requirements of this part regarding veterans will be deemed waived in those instances in which the Deputy Assistant Secretary, OFCCP, has granted a waiver under 41 CFR 60-250.4(b)(1), or has concurred in the granting of a waiver under 41 CFR 60-250.4(b)(3), from compliance with all the terms of the equal opportunity clause for those establishments not involved in government contract work. Where OFCCP grants only a partial waiver, compliance with these reporting requirements regarding veterans will be required.

(d)41 CFR 60-250.42 and Appendix B to part 60-250 provide guidance concerning the affirmative action obligations of Federal contractors and subcontractors toward applicants for employment who are qualified covered veterans. 1 1 41 CFR 60-250.42 and Appendix B to part 60-250 refer to the protected categories of special disabled veterans and Vietnam era veterans. VEVRRA, as amended by the Jobs for Veterans Act, no longer contains these categories of veterans. However, with the exception of the specific categories of protected veterans contained in the above-cited regulations, the guidance on affirmative action obligations of covered contractors is still valid. § 61-300.2 What definitions apply to this part?

(a)For the purposes of this part, and unless otherwise indicated in paragraph

(b)of this section, the terms set forth in this part have the same meaning as those set forth in 41 CFR part 60-250.

(b)For purposes of this part:

(1)*Hiring location* (this definition is identical to *establishment* as defined by the instructions for completing Employer Information Report EEO-1, Standard Form 100 (EEO-1 Report)) means an economic unit which produces goods or services, such as a factory, office, store, or mine. In most instances the establishment is at a single physical location and is engaged in one, or predominantly one, type of economic activity. Units at different locations, even though engaged in the same kind of business operation, should be reported as separate establishments. For locations involving construction, transportation, communications, electric, gas, and sanitary services, oil and gas fields, and similar types of physically dispersed industrial activities, however, it is not necessary to list separately each individual site, project, field, line, etc., unless it is treated by the contractor as a separate legal entity with a separate Employer Identification Number (EIN). For these physically dispersed activities, list as establishments only those relatively permanent main or branch offices, terminals, stations, etc., which are either:

(i)Directly responsible for supervising such dispersed activities; or

(ii)The base from which personnel and equipment operate to carry out these activities. (Where these dispersed activities cross State lines, at least one such establishment should be listed for each State involved.)

(2)*Employee* means any individual on the payroll of an employer who is an employee for purposes of the employer's withholding of Social Security taxes, except insurance salespersons, who are considered to be employees for such purposes solely because of the provisions of section 3121(d)(3)(B) of the Internal Revenue Code (26 U.S.C.). The term *employee* does not include persons who are hired on a casual basis for a specified time, or for the duration of a specified job, and who work on remote or scattered sites or locations where it is not practical or feasible for the employer to make a visual survey of the work force within the report period; for example, persons at a construction site whose employment relationship is expected to terminate with the end of the employees' work at the site; persons temporarily employed in any industry other than construction, such as mariners, stevedores, waiters/waitresses, movie extras, agricultural laborers, lumber yard workers, etc., who are obtained through a hiring hall or other referral arrangement, through an employee contractor or agent, or by some individual hiring arrangement; or persons on the payroll of a temporary service agency who are referred by such agency for work to be performed on the premises of another employer under that employer's direction and control.

(3)*Job category* means any of the following: Officials and managers, professionals, technicians, sales workers, office and clerical, craft workers (skilled), operatives (semiskilled), laborers (unskilled), and service workers, as required by the Employer Information Report EEO-1, Standard Form 100 (EEO-1 Report), as follows:

(i)*Officials and managers* means occupations requiring administrative and managerial personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm's operation. Includes: Officials, executives, middle management, plant managers, department managers and superintendents, salaried supervisors who are members of management, purchasing agents and buyers, railroad conductors and yard masters, ship captains and mates (except fishing boats), farm operators and managers, and kindred workers.

(ii)*Professionals* means occupations requiring either college graduation or experience of such kind and amount as to provide a background comparable to a college education. Includes: Accountants and auditors, airplane pilots and navigators, architects, artists, chemists, designers, dietitians, editors, engineers, lawyers, librarians, mathematicians, natural scientists, registered professional nurses, personnel and labor relations specialists, physical scientists, physicians, social scientists, surveyors, teachers, and kindred workers.

(iii)*Technicians* means occupations requiring a combination of basic scientific knowledge and manual skill which can be obtained through about 2 years of post-high school education, such as is offered in many technical institutes and junior colleges, or through equivalent on-the-job training. Includes: Computer programmers and operators, drafters, engineering aides, junior engineers, mathematical aides, licensed, practical or vocational nurses, photographers, radio operators, scientific assistants, technical illustrators, technicians (medical, dental, electronic, physical science), and kindred workers.

(iv)*Sales* means occupations engaging wholly or primarily in direct selling. Includes: Advertising agents and sales workers, insurance agents and brokers, real estate agents and brokers, stock and bond sales workers, demonstrators, sales workers and sales clerks, grocery clerks and cashier-checkers, and kindred workers.

(v)*Office and clerical* includes all clerical-type work regardless of level of difficulty, where the activities are predominantly non-manual though some manual work not directly involved with altering or transporting the products is included. Includes bookkeepers, cashiers, collectors (bills and accounts), messengers and office helpers, office machine operators, shipping and receiving clerks, stenographers, typists and secretaries, telegraph and telephone operators, legal assistants, and kindred workers.

(vi)*Craft Workers (skilled)* means manual workers of a relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work. These workers exercise considerable independent judgment and usually receive an extensive period of training. Includes: The building trades, hourly paid supervisors and lead operators who are not members of management, mechanics and repairers, skilled machining occupations, compositors and typesetters, electricians, engravers, job setters (metal), motion picture projectionists, pattern and model makers, stationary engineers, tailors, arts occupations, hand painters, coaters, decorative workers, and kindred workers.

(vii)*Operatives (semiskilled)* means workers who operate machine or processing equipment or perform other factory-type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: Apprentices (auto mechanics, plumbers, bricklayers, carpenters, electricians, machinists, mechanics, building trades, metalworking trades, printing trades, etc.), attendants (auto service and parking), blasters, chauffeurs, delivery workers, dressmakers and sewers (except factory), dryers, furnace workers, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motor operators, oilers and greasers (except auto), painters (except construction and maintenance), photographic process workers, stationary firefighters, truck and tractor drivers, weavers (textile), welders and flamecutters, electrical and electronic equipment assemblers, butchers and meat cutters, inspectors, testers and graders, handpackers and packagers, and kindred workers.

(viii)*Laborers (unskilled)* means workers in manual occupations which generally require no special training to perform elementary duties that may be learned in a few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and grounds keepers, stevedores, wood choppers, laborers performing lifting, digging, mixing, loading and pulling operations, and kindred workers.

(ix)*Service Workers* means workers in both protective and non-protective service occupations. Includes: Attendants (hospital and other institutions, professional and personal service, including nurses aides and orderlies), barbers, charworkers and cleaners, cooks (except household), counter and fountain workers, elevator operators, firefighters and fire protection workers, guards, doorkeepers, stewards, janitors, police officers and detectives, porters, servers, amusement and recreation facilities attendants, guides, ushers, public transportation attendants, and kindred workers.

(4)*Disabled veteran* means a veteran who:

(i)Is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or

(ii)Was discharged or released from active duty because of a service-connected disability.

(5)*Other protected veteran* means a veteran who served on active duty in the U.S. military, ground, naval, or air service during a war or in a campaign or expedition for which a campaign badge has been authorized.

(6)*Armed forces service medal veteran* means a veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 Fed. Reg. 1209).

(7)*Recently separated veteran* means a veteran, who served on active duty in the U.S. military, ground, naval or air service, during the three-year period beginning on the date of such veteran's discharge or release from active duty.

(8)*Covered veteran* means a veteran as defined in paragraphs (b)(4) through (b)(7) of this section.

(9)*Qualified* means, with respect to an employment position, having the ability to perform the essential functions of the position with or without reasonable accommodation for an individual with a disability.

(10)*OFCCP* means the Office of Federal Contract Compliance Programs, Employment Standards Administration, U.S. Department of Labor.

(11)*VETS* means the Office of the Assistant Secretary for Veterans' Employment and Training Service, U.S. Department of Labor.

(12)*States* means each of the several States of the United States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, Wake Island, and the Trust Territories of the Pacific Islands.

(13)*NAICS* means the North American Industrial Classification System.

(14)*Covered incumbent veteran* means a veteran as defined in paragraphs (b)(4) through (b)(7) of this section who is employed by a covered contractor.

(15)*Covered contract* means a contract as defined by 41 CFR 60-250.2 for at least $100,000 entered on or after December 1, 2003. § 61-300.10 What reporting requirements apply to Federal contractors and subcontractors, and what specific wording must the reporting requirements contract clause contain? Each contractor or subcontractor described in § 61-300.1 must submit reports in accordance with the following reporting clause, which must be included in each of its covered government contracts or subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract). Such clause is considered as an addition to the equal opportunity action clause required by 41 CFR 60-250.5. The reporting requirements clause is as follows: Employment Reports on Disabled Veterans, Other Protected Veterans, Armed Forces Service Medal Veterans, and Recently Separated Veterans

(a)The contractor or subcontractor agrees to report at least annually, as required by the Secretary of Labor, on:

(1)The total number of employees in the workforce of such contractor or subcontractor, by job category and hiring location, and the number of such employees by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans;

(2)The total number of new employees hired by the contractor or subcontractor during the period covered by the report, and of such employees, the number who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans; and

(3)The maximum number and minimum number of employees of such contractor or subcontractor at each hiring location during the period covered by the report.

(b)The above items must be reported by completing the form entitled “Federal Contractor Veterans” Employment Report VETS-100A.”

(c)VETS-100A Reports must be submitted no later than September 30 of each year following a calendar year in which a contractor or subcontractor held a covered contract or subcontract.

(d)The employment activity report required by paragraphs (a)(2) and (a)(3) of this clause must reflect total new hires and maximum and minimum number of employees during the 12-month period preceding the ending date that the contractor selects for the current employment report required by paragraph (a)(1) of this clause. Contractors may select an ending date:

(1)As of the end of any pay period during the period July 1 through August 31 of the year the report is due; or

(2)As of December 31, if the contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1, Standard Form 100 (EEO-1 Report).

(e)The number of veterans reported according to paragraph

(a)above must be based on data known to contractors and subcontractors when completing their VETS-100A Reports. Contractors' and subcontractors' knowledge of veterans status may be obtained in a variety of ways, including, in response to an invitation to applicants to self-identify in accordance with 41 CFR 60- 250.42, voluntary self-disclosures by covered incumbent veterans, or actual knowledge of an employee's veteran status by a contractor or subcontractor. Nothing in this paragraph

(e)relieves a contractor from liability for discrimination under 38 U.S.C. 4212. § 61-300.11 On what form must the data required by this part be submitted?

(a)Data items required in paragraph

(a)of the contract clause set forth in § 61-300.10 must be reported for each hiring location on the VETS-100A Report. This form is provided annually to those contractors who are included in the VETS-100 database. VETS failure to provide a contractor with a VETS-100A Report does not excuse the contractor from the requirement to submit a VETS-100A Report. The form, and instructions for preparing it, are set forth in Appendix A to 41 CFR part 61-300—Federal Contractor Veterans' Employment Report VETS-100A and Instructions.

(b)Contractors and subcontractors that submit computer-generated output for more than 10 hiring locations to satisfy their VETS-100A reporting obligations must submit the output in the form of an electronic file. This file must comply with current Department of Labor specifications for the layout of these records, along with any other specifications established by the Department for the applicable reporting year. Contractors and subcontractors that submit VETS-100A Reports for 10 locations or less are exempt from this requirement, but are strongly encouraged to submit an electronic file. In these cases, state consolidated reports count as one location each.

(c)VETS-100A Reports must be submitted no later than September 30 of each year following a calendar year in which a contractor or subcontractor held a covered contract or subcontract.

(d)VETS or its designee will use all available information to distribute the required forms to contractors identified as subject to the requirements of this part.

(e)It is the responsibility of each contractor or subcontractor to obtain necessary supplies of the VETS-100A Report before the annual September 30 filing deadline. Contractors and subcontractors who do not receive forms should request them in time to meet the deadline. Requests for the VETS-100A Report may be made by mail by contacting: Office of the Assistant Secretary for Veterans' Employment and Training, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210, Attn: VETS-100A Report Form Request; or on the Internet at the Internet address *http://www.vets100.cudenver.edu* and select on the “VETS-100” reporting form link. § 61-300.20 How will DOL determine whether a contractor or subcontractor is complying with the requirements of this part? During the course of a compliance evaluation, OFCCP may determine whether a contractor or subcontractor has submitted its report as required by this part. § 61-300.99 What is the OMB control number for this part? Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* , and its implementing regulations at 5 CFR part 1320, the Office of Management and Budget has assigned Control No. 1293-NEW to the information collection requirements of this part. BILLING CODE 4510-79-P EP08AU06.000 EP08AU06.001 EP08AU06.002 [FR Doc. 06-6759 Filed 8-7-06; 8:45 am]

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