Unknown. Final rule

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

--- schema: federal-register doc_type: fedreg source_file: FR-2006-08-09.xml --- 71 153 Wednesday, August 9, 2006 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12955 Animal Animal and Plant Health Inspection Service PROPOSED RULES Animal welfare: Captive elephants; space and living conditions, E6-12935 Exportation and importation of animals and animal products:

Bovine spongiform encephalopathy; minimal-risk regions and importation of commodities, E6-12944 Sheep and goat semen, E6-12934 Antitrust Antitrust Division NOTICES National cooperative research notifications: American Honda Motor Co., Inc., et al., 06-6778 Electrical and Electronics Engineers Institute, 06-6775 IMS Global Learning Consortium, Inc., 06-6780 National Conference of Standards Laboratories, 06-6776 Open Mobile Alliance, 06-6781 Portland Cement Assoc., 06-6779 PXI Systems Alliance, Inc., 06-6777 Army Army Department See Engineers Corps PROPOSED RULES Claims and accounts:

Claims on behalf of U.S.— Worldwide claims processing, E6-12974 NOTICES Environmental statements; availability, etc.: Fort Campbell, KY; airspace proposal, 06-6790 Fort Detrick, MD; U.S. Army Medical Research Institute of Infectious Diseases; new facilities, 06-6791 Hunter Army Airfield, GA; airspace proposal, 06-6795 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 06-6802 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 06-6773 Coast Guard Coast Guard RULES Drawbridge operations:

New Jersey, E6-12978 New York, E6-12983, E6-12985 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Heart Island, Alexandria Bay, NY, E6-12938 Lake Erie and Cleveland Harbor, OH, E6-12937 Mackinac Bridge and Straits of Mackinac, MI, E6-12947 Seneca River, NY, E6-12939 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commission of Fine Commission of Fine Arts NOTICES Meetings, 06-6800 Commodity Commodity Credit Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12958 Defense Defense Department See Army Department See Engineers Corps NOTICES Meetings:

Women in Services Advisory Committee, 06-6797 Travel per diem rates, civilian personnel; changes, 06-6796 Education Education Department RULES Grants and cooperative agreements; availability, etc.: Postsecondary education— Federal Student Aid Programs, 06-6696 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12986 Energy Energy Department NOTICES Meetings: High Energy Physics Advisory Panel, E6-12973 Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Hancock, Harrison, and Jackson Counties, MS; Mississippi Coastal Improvements Program, 06-6794 Palm Beach and Glades Counties, FL; Herbert Hoover Dike, 06-6793 Environmental statements; record of decision: Boston Harbor, MA; Inner Harbor Maintenance Dredging Project, 06-6792 EPA Environmental Protection Agency RULES Pesticide programs: Registration review; procedural regulations, E6-12904 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Inorganic bromide, E6-12964 Isophorone, E6-12547 Lepidopteran pheromones, E6-12971 Mono- and bis-(1H, 1H, 2H, 2H-perfluoroalkyl) phosphates, E6-12541 Tetrahydrofurfuryl alcohol, E6-12591 Various inert ingredients; tolerances exemptions revocations, E6-12877 PROPOSED RULES Air pollution; standards of performance for new stationary sources:

Deadline extensions for source owners and operators to conduct performance tests, E6-12966 Air programs: Ambient air quality standards, national— 8-hour ozone standard; early action compact areas; effective date extension, E6-12960 Air quality implementation plans; approval and promulgation; various States: West Virginia, E6-12969, E6-12970 NOTICES Committees; establishment, renewal, termination, etc.: National Environmental Education Advisory Council, E6-12965 Meetings: Science Advisory Board, E6-12954, E6-12956, E6-12957 Pesticide, food, and feed additive petitions:

Syngenta Crop Protection, Inc., 06-6686 Pesticide programs: Tolerance reassessment and risk management decisions: Methyl bromide, E6-12898 Tolerance reassessment decisions— Ethylene oxide, E6-12906 Pesticide registration, cancellation, etc.: Coppers, E6-12899 Metaldehyde, E6-12896 Organic arsenical herbicides, E6-12905 Propylene oxide, E6-12897 Syngenta Crop Protection, Inc., et al., E6-12903 Reports and guidance documents; availability, etc.: Clean Water Act— Methylmercury water quality criterion; implementation, 06-6803 Executive Executive Office of the President See Management and Budget Office See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

Boeing, E6-12825, E6-12826 Bombardier, E6-12829 McDonnell Douglas, E6-12827, E6-12828 PROPOSED RULES Airworthiness directives: Air Tractor, Inc., E6-12940, E6-12945, E6-12949 Cessna, E6-12946 Fuji Heavy Industries, Ltd., E6-12953 Lockheed, E6-12948 Stemme GmbH & Co., E6-12943 FCC Federal Communications Commission RULES Radio stations; table of assignments: California, E6-12995 Colorado, E6-12855 Texas, E6-12853, 06-6768 PROPOSED RULES Common carrier services: Missoula Intercarrier Compensation Reform Plan, E6-12854 Television broadcasting:

Telecommunications Act of 1996; implementation— Broadcast ownership rules; 2006 quadrennial regulatory review, E6-12856 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12993, E6-12994 Rulemaking proceedings; petitions filed, granted, denied, etc., E6-12534 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale: Maine and Colorado, E6-12907 PROPOSED RULES Flood elevation determinations:

Illinois, E6-12908 Various States, E6-12909 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12910 Disaster and emergency areas: New Jersey, E6-12911 Ohio, E6-12920 Virginia, E6-12919 FMC Federal Maritime Commission NOTICES Agreements filed, etc., E6-12990 Ocean transportation intermediary licenses: A&C Import Export Services, Inc., et al., E6-12987, E6-12988 Embarque El Comando et al., E6-12989 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, E6-12921 Permissible nonbanking activities, E6-12922 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Thrift Savings Plan: Court orders and legal processes affecting Thrift Savings Plan accounts, E6-12895 FTC Federal Trade Commission RULES Appliances, consumer; energy consumption and water use information in labeling and advertising: Comparability ranges— Water heaters, room air conditioners, furnaces, boilers and pool heaters, 06-6814 Financial Financial Management Service See Fiscal Service Fine Arts Fine Arts Commission See Commission of Fine Arts Fiscal Fiscal Service NOTICES Senior Executive Service:

Performance Review Board; membership, 06-6798 Food Food and Drug Administration NOTICES Meetings: Antiviral Drugs Advisory Committee, E6-12890 Foreign Foreign Assets Control Office NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, and narcotics traffickers, and foreign terrorist organizations: Additional designations of terrorism-related blocked persons and entities, E6-12963 Individuals and entities subject to various economic sanctions programs; list, E6-12968 Forest Forest Service NOTICES Environmental statements; notice of intent:

Boise, Payette, and Sawtooth National Forests, ID, 06-6788 Meetings: Resource Advisory Committees— Del Norte County, 06-6801 Ouachita-Ozark, 06-6785 Reports and guidance documents; availability, etc.: Small Business Timber Sale Set-Aside Program; share recomputation; correction, E6-12991 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12992 Indian Indian Affairs Bureau NOTICES Reports and guidance documents; availability, etc.:

Energy Policy Act of 2005; Section 1813— Energy rights-of-way on tribal lands, draft report to Congress; meetings, E6-13089 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service NOTICES Meetings: Blackstone River Valley National Heritage Corridor Commission, E6-12950 IRS Internal Revenue Service RULES Income taxes: Section 411(d)(6) protected benefits, E6-12885 PROPOSED RULES Income taxes: Essential governmental function definition and limitation to activities customarily performed by States and local governments; definition, E6-12884 Repeal of tax interest on nonresident alien individuals and foreign corporations received from certain portfolio debt investments; public hearing, E6-12887 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12886 Meetings:

Taxpayer Advocacy Panels, E6-12880, E6-12881, E6-12882, E6-12883 International International Trade Administration NOTICES Antidumping: Cased pencils from— China, E6-12997 Cut-to-length carbon steel plate from— Ukraine, E6-12998 Light-walled welded rectangular carbon steel tubing from— Taiwan, E6-13000 Stainless steel sheet and strip in coils from— Taiwan, E6-12999 Justice Justice Department See Antitrust Division Labor Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12941 Land Land Management Bureau NOTICES Closure of public lands:

California, E6-12932 Environmental statements; availability, etc.: Atlantic Rim Natural Gas Development Project, WY, E6-12952 Realty actions; sales, leases, etc.: California, E6-12933 Wisconsin, 06-6782 Recreation management restrictions, etc.: Imperial County, CA; temporary off-highway vehicle restriction, E6-12931 Management Management and Budget Office NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12967 National Highway National Highway Traffic Safety Administration RULES Anthropomorphic test devices:

Occupant crash protection— Hybrid III fifth percentile small adult female crash test dummy; chest jacket drawing dimensions; petition denied, E6-12975 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico reef fish, E6-12984 National Park National Park Service NOTICES Meetings: Acadia National Park Advisory Commission, 06-6772 Nuclear Nuclear Regulatory Commission NOTICES Meetings:

Nuclear Waste Advisory Committee, E6-12915 Reactor Safeguards Advisory Committee, E6-12914 *Applications, hearings, determinations, etc.:* Calvert Cliffs Nuclear Power Plant, Inc., E6-12924 Carolina Power & Light Co., E6-12913 Nine Mile Point Nuclear Station, LLC, E6-12923 R.E. Ginna Nuclear Power Plant, LLC, E6-12925 Sacramento Municipal Utility District, E6-12926 STP Nuclear Operating Co., E6-12912 Office Office of Management and Budget See Management and Budget Office Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents ADMINISTRATIVE ORDERS International Criminal Court; waiving prohibition on United States military assistance to parties to the Rome Statute (Presidential Determination) No. 2006-18 of August 2, 2006, 06-6839 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, E6-12893 NASDAQ Stock Market LLC, E6-12892 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12928, E6-12929 Disaster loan areas: New Jersey, E6-12918 Ohio, E6-12917 Meetings: Veterans Business Affairs Advisory Committee, E6-12930 Small business size standards: Nonmanufacturer rule; waivers— Plastics pallets (twin sheet thermoformed), E6-12916 Social Social Security Administration RULES Supplementary security income:

Social Security Protection Act of 2004— Income and resources provisions; changes, E6-12942 NOTICES Social security rulings and acquiescence rulings: Disability claims; consideration of opinions and other evidence from non-acceptable medical sources, E6-12951 State State Department NOTICES Committees; establishment, renewal, termination, etc.: Eastern Europe and the Independent States of the Former Soviet Union Study Advisory Committee, E6-12981 Foreign Operations, Export Financing, and Related Programs Appropriations Act:

Afghanistan; cooperation with U.S.-funded poppy eradication and interdiction efforts, E6-12980 Colombia; Andean Counterdrug Initiative Section; illicit crops; aerial eradication certification, E6-12979 Gifts to Federal employees from foreign governments; list, 06-6688 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12977 Trade Trade Representative, Office of United States NOTICES Tariff rate quota amount determinations:

Raw cane sugar and refined sugar; 2006 FY additional allocations, 2007 FY country-by-country allocations, E6-12891 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-12888 Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service Separate Parts In This Issue Part II State Department, 06-6688 Part III Education Department, 06-6696 Part IV Environmental Protection Agency, E6-12904 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 153 Wednesday, August 9, 2006 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24695; Directorate Identifier 2006-NM-035-AD; Amendment 39-14710; AD 2006-16-10] RIN 2120-AA64 Airworthiness Directives;

Boeing Model 747-200B, 747-200C, 747-200F, 747-300, and 747SR Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain Boeing Model 747-200B, 747-200C, 747-200F, 747-300, and 747SR series airplanes. This AD requires doing repetitive inspections of engine struts 1 through 4, as applicable, for heat discoloration, cracking, buckling, or wrinkling. This AD also requires doing a conductivity test to detect the extent of the heat damage and an inspection to detect cracking of the heat-discolored, buckled, or wrinkled area; and repair; if necessary. This AD results from reports of heat damage and cracking of the skin and internal structure adjacent to and aft of the precooler exhaust vent on several engine struts. We are issuing this AD to detect and correct cracking, buckling, wrinkling, or heat damage of the skin and internal structure of the engine struts, which could result in extensive damage to the engine struts and consequent possible separation of an engine from the airplane during flight. DATES: This AD becomes effective September 13, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of September 13, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street. SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6437; fax

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

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

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

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Boeing Model 747-200B, 747-200C, 747-200F, 747-300, and 747SR series airplanes. That NPRM was published in the **Federal Register** on May 9, 2006 (71 FR 26888). That NPRM proposed to require doing repetitive inspections of engine struts 1 through 4, as applicable, for heat discoloration, cracking, buckling, or wrinkling. That NPRM also proposed to require a conductivity test to detect the extent of the heat damage and an inspection to detect cracking of the heat-discolored, buckled, or wrinkled area; and repair; if necessary. Comment We provided the public the opportunity to participate in the development of this AD. We have considered the single comment received. The commenter, Boeing, supports the NPRM. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 112 airplanes of the affected design in the worldwide fleet. This AD will affect about 33 airplanes of U.S. registry. The required detailed inspections will take about 4 or 8 work hours per airplane (depending on the airplane configuration), at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of this AD for U.S. operators is $10,560 or $21,120, or $320 or $640 per airplane, per inspection cycle (depending on the airplane configuration). Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-16-10 Boeing:** Amendment 39-14710. Docket No. FAA-2006-24695; Directorate Identifier 2006-NM-035-AD. Effective Date

(a)This AD becomes effective September 13, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Boeing Model 747-200B, 747-200C, 747-200F, 747-300, and 747SR series airplanes, certificated in any category; as identified in Boeing Special Attention Service Bulletin 747-54-2223, dated January 26, 2006. Unsafe Condition

(d)This AD results from reports of heat damage and cracking of the skin and internal structure adjacent to and aft of the precooler exhaust vent on several engine struts on in-service airplanes. We are issuing this AD to detect and correct cracking, buckling, wrinkling, or heat damage of the skin and internal structure of the engine struts, which could result in extensive damage to the engine struts and consequent possible separation of an engine from the airplane during flight. 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. Service Bulletin

(f)The term “service bulletin,” as used in this AD, means the Accomplishment Instructions of Boeing Special Attention Service Bulletin 747-54-2223, dated January 26, 2006. Repetitive Detailed Inspections

(g)Within 18 months after the effective date of this AD, do a detailed inspection of engine struts 1 through 4, as applicable, for heat discoloration, cracking, buckling, or wrinkling, in accordance with the service bulletin. Repeat the detailed inspection thereafter at intervals not to exceed 18 months. Corrective Actions

(h)If any heat discoloration, buckling, or wrinkling is found during any detailed inspection required by paragraph

(g)of this AD, before further flight, do a conductivity test to detect the extent of the heat damage and a penetrant inspection or high frequency eddy current inspection to detect cracking of the heat-discolored, buckled, or wrinkled area, in accordance with the service bulletin.

(1)If the conductivity test results are within the limits specified in the service bulletin and no cracking is detected, before further flight, repair any buckled or wrinkled area using a method approved in accordance with the procedures specified in paragraph

(j)of this AD. Heat discoloration does not need to be repaired if the conductivity test results of the heat-discolored area are within the specified limits in the service bulletin.

(2)If the conductivity test results are outside the limits specified in the service bulletin or if any cracking is detected, before further flight, repair any cracking, heat discoloration, or buckled or wrinkled area using a method approved in accordance with the procedures specified in paragraph

(j)of this AD.

(i)If any cracking is found during any detailed inspection required by paragraph

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

(j)of this AD. Alternative Methods of Compliance (AMOCs) (j)(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. Material Incorporated by Reference

(k)You must use Boeing Special Attention Service Bulletin 747-54-2223, dated January 26, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(AD)for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD requires inspecting contactors 1K4XD, 2K4XD, and K4XA to determine the type of terminal base plate, and applying sealant on the terminal base plates, if necessary. This AD results from incidents of short circuit failures of certain alternating current

(AC)contactors located in the avionics bay. We are issuing this AD to prevent short circuit failures of certain AC contactors, which could result in arcing and consequent smoke or fire. DATES: This AD becomes effective August 9, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of August 9, 2006. We must receive comments on this AD by October 10, 2006. ADDRESSES: Use one of the following addresses to submit comments on this 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 Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Wing Chan, Aerospace Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone

(516)228-7311; fax

(516)794-5531. SUPPLEMENTARY INFORMATION: Discussion Transport Canada Civil Aviation (TCCA), which is the airworthiness authority for Canada, notified us that an unsafe condition may exist on certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. TCCA advises that there have been eight incidents of short circuit failures of Tyco Hartman alternating current

(AC)contactors 1K4XD and K4XA, located in the avionics bay on Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. All of the failed AC contactors had a terminal base plate made from Ultem 2200 material. In several cases, arcing, which initiated due to the presence of contaminants between the power studs, resulted in a fire, which continued until power to the AC contactor was interrupted, either by the wire being burned through or by the generator falling off-line. Short circuit failures of AC contactors, if not prevented, could result in arcing, which could result in smoke or fire. Relevant Service Information Bombardier has issued Service Bulletin 601R-24-122, Revision A, dated July 13, 2006. The service bulletin describes procedures for inspecting contactors 1K4XD, 2K4XD, and K4XA to determine which contactors have an Ultem 2200 terminal base plate (the plate is made from a black molded thermal plastic material), and applying RTV 732 sealant or RTV 3145 sealant, if necessary. TCCA mandated the service bulletin and issued Canadian airworthiness directive CF-2006-17, dated July 11, 2006, to ensure the continued airworthiness of these airplanes in Canada. FAA's Determination and Requirements of this AD This airplane model is manufactured in Canada and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. As described in this bilateral airworthiness agreement, TCCA has kept the FAA informed of the situation described above. We have examined TCCA's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States. Therefore, we are issuing this AD to prevent short circuit failures of certain AC contactors, which could result in arcing and consequent smoke or fire. This AD requires accomplishing the actions specified in the service information described previously, except as discussed under “Difference Among the AD, Service Bulletin, and Canadian Airworthiness Directive.” Difference Among the AD, Service Bulletin, and Canadian Airworthiness Directive The service bulletin specifies to determine if the terminal base plate is made of a black molded thermal plastic material. The Canadian airworthiness directive specifies doing a visual inspection of the contactors to determine which contactors have an Ultem 2200 terminal base plate. However, operators should note that we have determined that the inspection should be described as a “general visual inspection” to determine which contactors have an Ultem 2200 terminal base plate (i.e., a plate made from a black molded thermal plastic material). Note 1 has been included in this AD to define this type of inspection. Interim Action We consider this AD interim action. If final action is later identified, we may consider further rulemaking then. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days. The compliance time for doing the required actions is within 800 flight hours or four months. Based on the large number of affected U.S. registered airplanes

(739)and the amount of time required to accomplish the required actions, including corrective actions (27 hours), we consider that this compliance time is necessary to avoid unnecessarily disrupting flight schedules. Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include “Docket No. FAA-2006-25536; Directorate Identifier 2006-NM-158-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. 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 AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the 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 AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-16-07 Bombardier, Inc. (Formerly Canadair):** Amendment 39-14707. Docket No. FAA-2006-25536; Directorate Identifier 2006-NM-158-AD. Effective Date

(a)This AD becomes effective August 9, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, certificated in any category, serial numbers 7003 through 7990 inclusive and 8000 and subsequent. Unsafe Condition

(d)This AD results from incidents of short circuit failures of certain alternating current

(AC)contactors located in the avionics bay. We are issuing this AD to prevent short circuit failures of certain AC contactors, which could result in arcing and consequent smoke or fire. 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. Inspection and Corrective Action

(f)Within 800 flight hours or four months after the effective date of this AD, whichever occurs first: Do a general visual inspection of AC service bus contactors 1K4XD and 2K4XD, part number (P/N) D-18ZZA, and the utility bus contactor K4XA, P/N D-7GRZ, to determine which contactors have an Ultem 2200 terminal base plate (i.e., the plate is made from a black molded thermal plastic material), and apply RTV sealant to the terminal base plate, as applicable, by doing all the actions specified in the Accomplishment Instructions of Bombardier Service Bulletin 601R-24-122, Revision A, dated July 13, 2006. Do all applicable applications of sealant before further flight. Note 1: For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.” Previous Actions Accomplished According to Other Service Information

(g)Actions accomplished before the effective date of this AD in accordance with Bombardier Drawing Number K601R50180, dated June 2, 2006; or Bombardier Service Bulletin 601R-24-122, dated June 27, 2006; are considered acceptable for compliance with the actions specified in paragraph

(f)of this AD. Parts Installation

(h)As of the effective date of this AD, no person may install AC contactor 1K4XD, 2K4XD, or K4XA, having an Ultem 2200 terminal base plate, on any airplane, unless RTV sealant has been applied to the terminal base plate in accordance with Bombardier Service Bulletin 601R-24-122, Revision A, dated July 13, 2006. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, New York Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(j)Canadian airworthiness directive CF-2006-17, dated July 11, 2006, also addresses the subject of this AD. Material Incorporated by Reference

(k)You must use Bombardier Service Bulletin 601R-24-122, Revision A, dated July 13, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on July 31, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-12829 Filed 8-8-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24698; Directorate Identifier 2006-NM-026-AD; Amendment 39-14711; AD 2006-16-11] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-700 and 737-800 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain Boeing Model 737-700 and 737-800 series airplanes. This AD requires performing a one-time high frequency eddy current inspection for cracking of the backup intercostals located above the cutout for the forward airstair door; doing related investigative and corrective actions if any crack is found; and doing other specified corrective actions if no crack is found. This AD results from a report of fatigue cracks discovered during a full-scale fatigue test conducted by the manufacturer. We are issuing this AD to detect and correct such cracking, which could result in more extensive fatigue cracking and lead to possible loss of cabin pressure. DATES: This AD becomes effective September 13, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of September 13, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Howard Hall, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6430; fax

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

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

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Boeing Model 737-700 and 737-800 series airplanes. That NPRM was published in the **Federal Register** on May 9, 2006 (71 FR 26873). That NPRM proposed to require performing a one-time high frequency eddy current

(HFEC)inspection for cracking of the backup intercostals located above the cutout for the forward airstair door; doing related investigative and corrective actions if any crack is found; and doing other specified corrective actions if no crack is found. Comment We provided the public the opportunity to participate in the development of this AD. We have considered the single comment received. The commenter, Boeing, supports the NPRM. Clarification to NPRM The first reference to Boeing Special Attention Service Bulletin 737-53-1236, Revision 1, dated November 10, 2005, in paragraph

(f)of the NPRM was unintentionally omitted, and has been added to that paragraph of this AD. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 146 airplanes of the affected design in the worldwide fleet. This AD will affect about 54 airplanes of U.S. registry. The required HFEC inspection will take about 2 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $8,640, or $160 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-16-11 Boeing:** Amendment 39-14711. Docket No. FAA-2006-24698; Directorate Identifier 2006-NM-026-AD. Effective Date

(a)This AD becomes effective September 13, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Boeing Model 737-700 and 737-800 series airplanes, certificated in any category; as identified in Boeing Special Attention Service Bulletin 737-53-1236, Revision 1, dated November 10, 2005. Unsafe Condition

(d)This AD results from a report of fatigue cracks discovered during a full-scale fatigue test conducted by the manufacturer. We are issuing this AD to detect and correct such cracking, which could result in more extensive fatigue cracking and lead to possible loss of cabin pressure. 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. Inspection of Backup Intercostals

(f)Before the accumulation of 24,000 total flight cycles, or within 4,500 flight cycles after the effective date of this AD, whichever comes later: Perform a high frequency eddy current

(HFEC)inspection for cracking of the backup intercostals located above the cutout for the forward airstair door, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-53-1236, Revision 1, dated November 10, 2005; and, before further flight, do related investigative actions and applicable corrective actions if any crack is found, and other specified corrective actions if no crack is found. Related investigative actions, applicable corrective actions, and other specified corrective actions must be done in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-53-1236, Revision 1, dated November 10, 2005; except where the service bulletin specifies to contact Boeing for repair instructions, repair all cracks using a method approved in accordance with the procedures specified in paragraph

(h)of this AD. Actions Accomplished Using Original Issue of Service Bulletin

(g)Actions accomplished before the effective date of this AD in accordance with Boeing Service Bulletin 737-53-1236, dated July 11, 2002, are considered acceptable for compliance with the corresponding requirements of this AD. Alternative Methods of Compliance (AMOCs) (h)(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.

(i)You must use Boeing Special Attention Service Bulletin 737-53-1236, Revision 1, dated November 10, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on July 31, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-12825 Filed 8-8-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24864; Directorate Identifier 2006-NM-072-AD; Amendment 39-14712; AD 2006-16-12] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-30, DC-10-30F (KDC-10), DC-10-40, and DC-10-40F Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain McDonnell Douglas airplanes, identified above. This AD requires reducing the length of the sump drain collar and replacing the fuel tank sump drain lockring for fuel tanks 1, 2, and 3; and reducing the length of the drain outlet barrel for the auxiliary fuel tank, if applicable. For airplanes with an auxiliary fuel tank, this AD also requires relocating the sump drain outlet to allow draining the sumps without opening the doors of the main landing gear wheel well. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks in the event of a lightning strike, which, in combination with flammable fuel vapors, could result in arcing in the fuel tank, fuel tank explosions, and consequent loss of the airplane. DATES: This AD becomes effective September 13, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of September 13, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5262; fax

(562)627-5210. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

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

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-30, DC-10-30F (KDC-10), DC-10-40, and DC-10-40F airplanes. That NPRM was published in the **Federal Register** on May 25, 2006 (71 FR 30086). That NPRM proposed to require reducing the length of the sump drain collar and replacing the fuel tank sump drain lockring for fuel tanks 1, 2, and 3; and reducing the length of the drain outlet barrel for the auxiliary fuel tank, if applicable. For airplanes with an auxiliary fuel tank, that NPRM also proposed to require relocating the sump drain outlet to allow draining the sumps without opening the doors of the main landing gear wheel well. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the two comments received. The commenters, FedEx and Biman Bangladesh Airlines, stated that their airplanes are not affected by the NPRM. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 135 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. The labor rate is $80 per work hour. Estimated Costs Action Work hours Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost For all airplanes: Reduce the length of the sump drain collar and replace the fuel tank sump drain for fuel tanks 1, 2, and 3 3 to 15 $720 to $4,858 $960 to $6,058 109 $104,640 to $660,322. For airplanes with an auxiliary fuel tank: Reduce the length of the drain outlet barrel for the auxiliary fuel tank 6 to 15 $0 to $720 $480 to $1,920 Up to 109 $52,320 to $209,280. Prior requirement for certain airplanes 1 to 6 The manufacturer states that it will supply required parts to the operators at no cost $80 to $480 Up to 109 $8,720 to $52,320. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-16-12 McDonnell Douglas:** Amendment 39-14712. Docket No. FAA-2006-24864; Directorate Identifier 2006-NM-072-AD. Effective Date

(a)This AD becomes effective September 13, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-30, DC-10-30F (KDC-10), DC-10-40, and DC-10-40F airplanes, certificated in any category; as identified in McDonnell Douglas DC-10 Service Bulletin 28-61, dated January 17, 1978. Unsafe Condition

(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks in the event of a lightning strike, which, in combination with flammable fuel vapors, could result in arcing in the fuel tank, fuel tank explosions, and consequent loss of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Corrective Actions

(f)Within 60 months after the effective date of this AD: Reduce the length of the sump drain collar and replace the fuel tank sump drain lockring for fuel tanks 1, 2, and 3; and reduce the length of the drain outlet barrel for the auxiliary fuel tank, as applicable; by doing all the applicable actions in accordance with the Accomplishment Instructions of McDonnell Douglas DC-10 Service Bulletin 28-61, dated January 17, 1978. Prior Requirement

(g)For airplanes identified as Group II airplanes in McDonnell Douglas DC-10 Service Bulletin 28-61, dated January 17, 1978, that are also contained in the effectivity of McDonnell Douglas DC-10 Service Bulletin 28-19, Revision 1, dated October 15, 1973: Before accomplishing the actions in paragraph

(f)of this AD, relocate the sump drain outlet for the auxiliary tank in accordance with the Accomplishment Instructions of McDonnell Douglas DC-10 Service Bulletin 28-19, Revision 1, dated October 15, 1973. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Los Angeles 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.

(i)You must use McDonnell Douglas DC-10 Service Bulletin 28-61, dated January 17, 1978; and McDonnell Douglas DC-10 Service Bulletin 28-19, Revision 1, dated October 15, 1973; as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on July 31, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-12827 Filed 8-8-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24866; Directorate Identifier 2006-NM-105-AD; Amendment 39-14709; AD 2006-16-09] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model MD-90-30 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all McDonnell Douglas Model MD-90-30 airplanes. This AD requires installing a clamp, bonding jumper assembly, and attaching hardware to the refueling manifold in the right wing refueling station area. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent arcing on the in-tank side of the fueling valve during a lightning strike, which could result in an ignition source that could ignite fuel vapor and cause a fuel tank explosion. DATES: This AD becomes effective September 13, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of September 13, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: William Bond, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5253; fax

(562)627-5210. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

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

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all McDonnell Douglas Model MD-90-30 airplanes. That NPRM was published in the **Federal Register** on May 25, 2006 (71 FR 30089). That NPRM proposed to require installing a clamp, bonding jumper assembly, and attaching hardware to the refueling manifold in the right wing refueling station area. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 116 airplanes of the affected design in the worldwide fleet. This AD will affect about 21 airplanes of U.S. registry. The required actions will take about 2 work hours per airplane, at an average labor rate of $80 per work hour. Required parts will cost about $8 per airplane. Based on these figures, the estimated cost of the AD for U.S. operators is $3,528, or $168 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 AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-16-09 McDonnell Douglas:** Amendment 39-14709. Docket No. FAA-2006-24866; Directorate Identifier 2006-NM-105-AD. Effective Date

(a)This AD becomes effective September 13, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to all McDonnell Douglas Model MD-90-30 airplanes, certificated in any category. Unsafe Condition

(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent arcing on the in-tank side of the fueling valve during a lightning strike, which could result in an ignition source that could ignite fuel vapor and cause a fuel tank explosion. 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. Installation

(f)Within 60 months after the effective date of this AD: Install a clamp, bonding jumper assembly, and attaching hardware to the refueling manifold in the right wing refueling station area, by doing all of the actions specified in the Accomplishment Instructions of Boeing Service Bulletin MD90-28-011, dated May 16, 2005. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Los Angeles Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(h)You must use Boeing Service Bulletin MD90-28-011, dated May 16, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on July 27, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-12828 Filed 8-8-06; 8:45 am] BILLING CODE 4910-13-P FEDERAL TRADE COMMISSION 16 CFR Part 305 Rule Concerning Disclosures Regarding Energy Consumption and Water Use of Certain Home Appliances and Other Products Required Under the Energy Policy and Conservation Act (“Appliance Labeling Rule”) AGENCY: Federal Trade Commission. ACTION: Final rule. SUMMARY: The Federal Trade Commission (“Commission”) is amending the Appliance Labeling Rule (“Rule”) by publishing new ranges of comparability for room air conditioners. The Commission also announces that the current ranges of comparability required by the Rule for water heaters, furnaces, boilers, dishwashers, and pool heaters will remain in effect until further notice. DATES: The amendments published in this notice are effective November 7, 2006. FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Attorney, 202-326-2889, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC 20580. SUPPLEMENTARY INFORMATION: The Commission issued the Appliance Labeling Rule (“Rule”) in 1979, 44 FR 66466 (November 19, 1979), in response to a directive in the Energy Policy and Conservation Act of 1975 (“EPCA”). 1 The Rule covers several categories of major household appliances including water heaters, room air conditioners, furnaces, boilers, dishwashers, and pool heaters. 1 42 U.S.C. 6294. The statute also requires the Department of Energy (“DOE”) to develop test procedures that measure how much energy the appliances use, and to determine the representative average cost a consumer pays for the different types of energy available. I. Background The Rule requires manufacturers of all covered appliances to disclose specific energy consumption or efficiency information derived from Department of Energy (“DOE”) test procedures at the point of sale in the form of an “EnergyGuide” label, in fact sheets (for some appliances), and in catalogs. The Rule requires manufacturers to include, on labels and fact sheets, an energy consumption or efficiency figure and a “range of comparability.” This range shows the highest and lowest energy consumption or efficiencies for all comparable appliance models so consumers can compare the energy consumption or efficiency of similar models. The Rule also requires manufacturers to include on labels for some products a secondary energy usage disclosure in the form of an estimated annual operating cost based on a specified DOE national average cost for the energy the appliance uses. Section 305.8(b) of the Rule requires manufacturers, after filing an initial report, to report certain information annually to the Commission. 2 These reports, which assist the Commission in preparing the ranges of comparability, contain the estimated annual energy consumption or energy efficiency ratings for the appliances derived from tests performed pursuant to DOE test procedures. Because manufacturers regularly add new models to their lines, improve existing models, and discontinue others, the data base from which the ranges of comparability are calculated changes constantly. To keep the information on labels up-to-date, the Commission, therefore, publishes new ranges if the upper or lower limits of the ranges have changed by more than 15%. Otherwise, the Commission publishes a statement that the prior ranges remain in effect for the next year. 2 Annual reports for water heaters, room air conditioners, furnaces, boilers, and pool heaters are due May 1. Annual reports for dishwashers are due June 1. II. New Ranges for Room Air Conditioners The 2006 manufacturer data for room air conditioners indicates that ranges of comparability for room air conditioners have changed significantly since the Commission last amended the ranges in 1995. Accordingly, the Commission is amending the range for room air conditioners in Appendix E of the Rule. The new ranges of comparability for room air conditioners supersede the current ranges, which were published on November 13, 1995 (60 FR 56945). Room air conditioner manufacturers must base the disclosures of estimated annual operating cost required at the bottom of EnergyGuide labels for these products on the 2006 Representative Average Unit Costs of Energy for electricity (9.81 cents per kiloWatt-hour) that were published by DOE on March 11, 2005 (71 FR 9806). 3 3 Unlike DOE requirements (see 10 CFR 430.32), FTC labeling rules do not have separate room air conditioner categories for casement-only and casement-slider models. Accordingly, the FTC ranges of comparability for many room air conditioner categories are based on data that include the efficiency ratings of these specialized model types. In some cases, the minimum DOE efficiency standards for casement models are lower than that allowed for other room air conditioner models. III. Review of 2005 Data Submissions for Water Heaters, Dishwashers, Furnaces, Boilers, and Pool Heaters Manufacturers have also submitted data for water heaters (including storage-type, gas-fired instantaneous, and heat pump water heaters), dishwashers, furnaces (including boilers), and pool heaters. The ranges of comparability for these products have not changed significantly. Therefore, the current ranges will remain in effect until further notice. Manufacturers should continue to base their cost disclosures on estimated annual operating costs specified in the applicable Appendices to the Rule. IV. Administrative Procedure Act The amendments published in this notice involve routine, technical and minor, or conforming changes to the labeling requirements in the Rule. These technical amendments merely provide a routine change to the range and cost information required on EnergyGuide labels. Accordingly, the Commission finds for good cause that public comment for these technical, procedural amendments is impractical and unnecessary (5 U.S.C. 553(b)(A)(B) and (d)). V. Regulatory Flexibility Act The provisions of the Regulatory Flexibility Act relating to a Regulatory Flexibility Act analysis (5 U.S.C. 603-604) are not applicable to this proceeding because the amendments do not impose any new obligations on entities regulated by the Appliance Labeling Rule. These technical amendments merely provide a routine change to the range information required on EnergyGuide labels. Thus, the amendments will not have a “significant economic impact on a substantial number of small entities.” 5 U.S.C. 605. The Commission has concluded, therefore, that a regulatory flexibility analysis is not necessary, and certifies, under section 605 of the Regulatory Flexibility Act (5 U.S.C. 605(b)), that the amendments announced today will not have a significant economic impact on a substantial number of small entities. VI. Paperwork Reduction Act In a June 13, 1988 notice (53 FR 22106), the Commission stated that the Rule contains disclosure and reporting requirements that constitute “information collection requirements” as defined by 5 CFR 1320.7(c), the regulation that implements the Paperwork Reduction Act. 4 The Commission noted that the Rule had been reviewed and approved in 1984 by the Office of Management and Budget (“OMB”) and assigned OMB Control No. 3084-0068. OMB has reviewed the Rule and extended its approval for its recordkeeping and reporting requirements until December 31, 2007. The amendments now being adopted do not change the substance or frequency of the recordkeeping, disclosure, or reporting requirements and, therefore, do not require further OMB clearance. 4 44 U.S.C. 3501-3520. List of Subjects in 16 CFR Part 305 Advertising, Energy conservation, Household appliances, Labeling, Reporting and recordkeeping requirements. Accordingly, 16 CFR part 305 is amended as follows: PART 305—[AMENDED] 1. The authority citation for part 305 continues to read: Authority: 42 U.S.C. 6294. 2. Appendix E to part 305 is revised to read as follows: Appendix E to Part 305.—Room Air Conditioners [Range Information] Manufacturer's rated cooling capacity in Btu's/yr Range of energy efficiency ratios

(EERs)Low High Without Reverse Cycle and with Louvered Sides: Less than 6,000 Btu 9.7 11.2 6,000 to 7,999 Btu 8.7 11.5 8,000 to 13,999 Btu 8.5 12.0 14,000 to 19,999 Btu 8.5 11.5 20,000 and more Btu 8.5 9.9 Without Reverse Cycle and without Louvered Sides: Less than 6,000 Btu (*) (*) 6,000 to 7,999 9.0 10.0 8,000 to 13,999 Btu 8.5 10.5 14,000 to 19,999 Btu 9.0 9.0 20,000 and more Btu (*) (*) With Reverse Cycle and with Louvered Sides 9.0 12.0 With Reverse Cycle, without Louvered Sides 8.5 10.0 * No data submitted for units meeting Federal Minimum Efficiency Standards effective October 1, 2000. Cost Information for Appendix E When the ranges of comparability in Appendix E are used on EnergyGuide labels for room air conditioners, the estimated annual operating cost disclosure appearing in the box at the bottom of the labels must be derived using the 2006 Representative Average Unit Costs for electricity (9.81¢ per kiloWatt-hour) and the text below the box must identify the costs as such 3. Sample Label 6 of Appendix L to Part 305 is revised to read as follows: Appendix L to Part 305—Sample Labels BILLING CODE 6750-01-P ER09AU06.005 Sample Label 6 By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 06-6814 Filed 8-8-06; 8:45 am]

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