Rules and Regulations. Final rule; staff commentary

11,630 words·~53 min read·/register/2006/08/14/06-6884

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

BILLING CODE 6450-01-P FEDERAL RESERVE SYSTEM 12 CFR Part 226 [Regulation Z; Docket No. R-1263] Truth in Lending AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule; staff commentary. SUMMARY: The Board is publishing a final rule amending the staff commentary that interprets the requirements of Regulation Z (Truth in Lending). The Board is required to adjust annually the dollar amount that triggers requirements for certain home mortgage loans bearing fees above a certain amount.

The Home Ownership and Equity Protection Act of 1994 (HOEPA) sets forth rules for home-secured loans in which the total points and fees payable by the consumer at or before loan consummation exceed the greater of $400 or 8 percent of the total loan amount. In keeping with the statute, the Board has annually adjusted the $400 amount based on the annual percentage change reflected in the Consumer Price Index that is in effect on June 1. The adjusted dollar amount for 2007 is $547.

DATES: January 1, 2007. FOR FURTHER INFORMATION CONTACT: Minh-Duc T. Le, Senior Attorney, Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, at

(202)452-3667. For the users of Telecommunications Device for the Deaf (“TDD”) only, contact

(202)263-4869. SUPPLEMENTARY INFORMATION: I. Background The Truth in Lending Act (TILA; 15 U.S.C. 1601 - 1666j) requires creditors to disclose credit terms and the cost of consumer credit as an annual percentage rate. The act requires additional disclosures for loans secured by a consumer's home, and permits consumers to cancel certain transactions that involve their principal dwelling. TILA is implemented by the Board's Regulation Z (12 CFR part 226). The Board's official staff commentary (12 CFR part 226 (Supp. I)) interprets the regulation, and provides guidance to creditors in applying the regulation to specific transactions. In 1995, the Board published amendments to Regulation Z implementing HOEPA, contained in the Riegle Community Development and Regulatory Improvement Act of 1994, Pub. L. 103-325, 108 Stat. 2160 (60 FR 15463). These amendments, contained in §§ 226.32 and 226.34 of the regulation, impose substantive limitations and additional disclosure requirements on certain closed-end home mortgage loans bearing rates or fees above a certain percentage or amount. As enacted, the statute requires creditors to comply with the HOEPA rules if the total points and fees payable by the consumer at or before loan consummation exceed the greater of $400 or 8 percent of the total loan amount. TILA and Regulation Z provide that the $400 figure shall be adjusted annually on January 1 by the annual percentage change in the Consumer Price Index

(CPI)that was reported on the preceding June 1. (15 U.S.C. 1602(aa)(3) and 12 CFR 226.32(a)(1)(ii)). The Board adjusted the $400 amount to $528 for the year 2006. The Bureau of Labor Statistics publishes consumer-based indices monthly, but does not “report” a CPI change on June 1; adjustments are reported in the middle of each month. The Board uses the CPI-U index, which is based on all urban consumers and represents approximately 87 percent of the U.S. population, as the index for adjusting the $400 dollar figure. The adjustment to the CPI-U index reported by the Bureau of Labor Statistics on May 15, 2006, was the CPI-U index “in effect” on June 1, and reflects the percentage increase from April 2005 to April 2006. The adjustment to the $400 figure below reflects a 3.55 percent increase in the CPI-U index for this period and is rounded to whole dollars for ease of compliance. II. Adjustment and Commentary Revision Effective January 1, 2007, for purposes of determining whether a home mortgage transaction is covered by 12 CFR 226.32 (based on the total points and fees payable by the consumer at or before loan consummation), a loan is covered if the points and fees exceed the greater of $ 547 or 8 percent of the total loan amount. Comment 32(a)(1)(ii)-2, which lists the adjustments for each year, is amended to reflect the dollar adjustment for 2007. Because the timing and method of the adjustment is set by statute, the Board finds that notice and public comment on the change are unnecessary. III. Regulatory Flexibility Analysis The Board certifies that this amendment will not have a substantial effect on regulated entities because the only change is to raise the threshold for transactions requiring HOEPA disclosures. List of Subjects 12 CFR Part 226 Advertising, Federal Reserve System, Mortgages, Reporting and recordkeeping requirements, Truth in lending. For the reasons set forth in the preamble, the Board amends Regulation Z, 12 CFR part 226, as set forth below: PART 226—TRUTH IN LENDING (REGULATION Z) 1. The authority citation for part 226 continues to read as follows: Authority: 12 U.S.C. 3806; 15 U.S.C. 1604 and 1637(c)(5). 2. In Supplement I to Part 226, under *Section 226.32---Requirements for Certain Closed-End Home Mortgages* , under Paragraph 32(a)(1)(ii), paragraph 2. xii. is added. SUPPLEMENT I TO PART 226-OFFICIAL STAFF INTERPRETATIONS * * * * * SUBPART E-SPECIAL RULES FOR CERTAIN HOME MORTGAGE TRANSACTIONS * * * * * *Section 226.32-Requirements for Certain Closed-End Home Mortgages* *32(a) Coverage* ** * * * * * *Paragraph 32(a)(1)(ii)* * * * * * *2. Annual adjustment of $400 amount.* * * * * * xii. For 2007, $547, reflecting a 3.55 percent increase in the CPI-U from June 2005 to June 2006, rounded to the nearest whole dollar. * * * * * By order of the Board of Governors of the Federal Reserve System, acting through the Director of the Division of Consumer and Community Affairs under delegated authority, August 9, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6-13281 Filed 8-11-06; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24954; Directorate Identifier 2006-CE-30-AD; Amendment 39-14713; AD 2006-16-13] RIN 2120-AA64 Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-12 and PC-12/45 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective September 18, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 18, 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. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri, 64106; telephone:

(816)329-4059; facsimile:

(816)329-4090 SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. The NPRM was published in the **Federal Register** on June 22, 2006 (71 FR 35843). The NPRM proposed to require a one-time inspection of the Frame 21

(FR21)adjacent to the wing upper-attachment lugs, left and right, and a repair if necessary. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable in a U.S. court of law. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements, if any, take precedence over the actions copied from the MCAI. Costs of Compliance Based on the service information, we estimate that this AD will affect about 394 products of U.S. registry. We also estimate that it will take about 5 work-hours per product to do the action and that the average labor rate is $80 per work-hour. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD on U.S. operators to be $157,600, or $400 per product. 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 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. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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 FAA amends § 39.13 by adding the following new AD: **2006-16-13 PILATUS AIRCRAFT LTD:** Amendment 39-14713; Docket No. FAA-2006-24954; Directorate Identifier 2006-CE-30-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective September 18, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Models PC-12 and PC-12/45 airplanes; manufacturer serial numbers 101 through 617 inclusive, certificated in any U.S. category. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states that the aircraft manufacturer has identified drill damage on some Frame 21

(FR21)lug fittings on the production line and during a number of midlife wing lug inspections. It is thought that the damage found on the FR21 lug fittings occurred during assembly of the airplane. Depending on the size and location of the possible damage, if not corrected, the fatigue life of the wing attachment lugs on FR21 may be affected. The MCAI requires a one-time inspection of the FR21 adjacent to the wing upper-attachment lugs, left and right, and a repair if necessary. Actions and Compliance

(e)Unless already done, do the following except as stated in paragraph

(f)below.

(1)Within the next 100 hours time-in-service

(TIS)after September 15, 2006 (the effective date of this AD), perform an inspection of FR21 in the area of the outer sidewall frame attachment lug forward and aft side faces, left and right, to determine if there is any damage that may have been made with a drill. Follow Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53-004, dated February 10, 2006.

(2)Within the next 100 hours TIS after September 18, 2006 (the effective date of this AD), perform an inspection of FR21 in the area of the top surface of the wing upper-attachment lugs, left and right, to determine if there is any damage that may have been made with a drill. Follow Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53-004, dated February 10, 2006.

(3)If during the inspection required by paragraph (e)(1) of this AD any damage less than 0.1 mm (0.0040 inch) on any FR21 is found, prior to further flight, repair the damaged FR21 in accordance with Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53-004, dated February 10, 2006.

(4)If during the inspection required in paragraph (e)(1) of this AD any damage equal to or greater than 0.1 mm (0.0040 inch) on any FR21 is found, prior to further flight contact Pilatus Aircraft Ltd. for an FAA-approved repair solution and incorporate the repair.

(5)If during the inspection required by paragraph (e)(2) of this AD any damage less than 1 mm (0.040 inch) depth on any FR21 wing attachment lug top surface is found, prior to further flight, repair the damaged FR21 in accordance with Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53-004, dated February 10, 2006.

(6)If during the inspection required by paragraph (e)(2) of this AD any damage equal to or greater than 1 mm (0.040 inch) depth on any FR21 wing attachment lug top surface is found, prior to further flight contact Pilatus Aircraft Ltd. for an FAA-approved repair solution and incorporate the repair. FAA AD Differences

(f)None. Other FAA AD Provisions

(g)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Staff, FAA, ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri, 64106; telephone:

(816)329-4059; facsimile:

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(2)*Return to Airworthiness:* When complying with this AD, perform FAA-approved corrective actions before returning the product to an airworthy condition.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(h)This AD is related to Federal Office for Civil Aviation AD HB-2006-223, effective date April 20, 2006, which references Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53-004, dated February 10, 2006. Material Incorporated by Reference

(i)You must use Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53-004, dated February 10, 2006, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)For service information identified in this AD, contact the Pilatus Aircraft Ltd., Customer Support Manager, CH-6371 STANS, Switzerland; telephone: 41 41 619 6208; facsimile: +41 41 619 7311; email: *SupportPC12@pilatus-aircraft.com.*

(AD)for certain Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. That AD currently requires initial and repetitive position checks of the gas generator 2nd stage turbine blades on all Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. That AD also currently requires initial and repetitive replacements of 2nd stage turbines on 1B, 1D, and 1D1 engines only. This AD revision requires the same actions, but would relax the compliance times for initially replacing 2nd stage turbines in Arriel 1B, 1D, and 1D1 turboshaft engines. We are issuing this AD revision to clarify and relax the AD compliance times for 2nd stage turbine initial replacement on Arriel 1B, 1D, and 1D1 turboshaft engines. We are also issuing this AD revision to prevent in-flight engine shutdown and subsequent forced autorotation landing or accident. DATES: This AD becomes effective September 13, 2006. The Director of the Federal Register previously approved the incorporation by reference of certain publications listed in the regulations as of February 28, 2006 (71 FR 3754, January 24, 2006). ADDRESSES: You can get the service information identified in this AD from Turbomeca, 40220 Tarnos, France; telephone +33 05 59 74 40 00, fax +33 05 59 74 45 15. You may examine the AD docket on the Internet at *http://dms.dot.gov* or in Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7175, fax

(781)238-7199. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD revision applies to certain Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. We published the proposed AD revision in the **Federal Register** on April 17, 2006 (71 FR 3754). That action proposed to require initial and repetitive position checks of the gas generator 2nd stage turbine blades on all Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. That action also proposed to require initial and repetitive replacements of 2nd stage turbines on 1B, 1D, and 1D1 engines only, but proposed to relax the compliance times for initially replacing 2nd stage turbines in Arriel 1B, 1D, and 1D1 turboshaft engines. Examining the AD Docket You may examine the docket that contains the AD, any comments received, and any final disposition in person at the Docket Management Facility Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone

(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the DMS receives them. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance We estimate that this AD revision would affect 721 engines installed on helicopters of U.S. registry. We also estimate that it will take about 2 work-hours per engine to inspect all 721 engines and 40 work-hours per engine to replace about 571 2nd stage turbines on 1B and 1D1 engines, and that the average labor rate is $80 per work-hour. Required parts will cost about $3,200 per engine. Based on these figures, we estimate the total cost of the AD revision to U.S. operators to be $4,249,760. 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 summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 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 FAA amends § 39.13 by removing Amendment 39-14460 (71 FR 3754, January 24, 2006), and by adding a new airworthiness directive, Amendment 39-14721, to read as follows: **2006-02-08R1 Turbomeca:** Amendment 39-14721. Docket No. FAA-2005-21242; Directorate Identifier 2005-NE-09-AD. Effective Date

(a)This airworthiness directive

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

(b)This AD revises AD 2006-02-08, Amendment 39-14460. Applicability

(c)This AD revision applies to Turbomeca Arriel 1B engines fitted with 2nd stage turbine modification TU 148, and Arriel 1D, 1D1, and 1S1 engines. Arriel 1B engines are installed on, but not limited to, Eurocopter France AS-350B and AS-350A “Ecureuil” helicopters. Arriel 1D engines are installed on, but not limited to, Eurocopter France AS-350B1 “Ecureuil” helicopters. Arriel 1D1 engines are installed on, but not limited to, Eurocopter France AS-350B2 “Ecureuil” helicopters. Arriel 1S1 engines are installed on, but not limited to, Sikorsky Aircraft S-76A and S-76C helicopters. Unsafe Condition

(d)This AD revision results from a request by Turbomeca to clarify the compliance times for 2nd stage turbine initial replacement on Arriel 1B, 1D, and 1D1 turboshaft engines. We are issuing this AD revision to clarify and relax the AD compliance times for 2nd stage turbine initial replacement on Arriel 1B, 1D, and 1D1 turboshaft engines. We are also issuing this AD revision to prevent in-flight engine shutdown and subsequent forced autorotation landing or accident. Compliance

(e)You are responsible for having the actions required by this AD revision performed within the compliance times specified unless the actions have already been done. Initial Relative Position Check of 2nd Stage Turbine Blades

(f)Do an initial relative position check of the 2nd stage turbine blades using the Turbomeca mandatory alert service bulletins

(ASBs)specified in the following Table 1. Do the check before reaching any of the intervals specified in Table 1 or within 50 hours time-in-service after the effective date of this AD, whichever occurs later. Table 1.—Initial and Repetitive Relative Position Check Intervals of 2nd Stage Turbine Blade Turbomeca engine model Initial relative position check interval Repetitive interval Mandatory alert service bulletin Arriel 1B (modified per TU 148) Within 1,200 hours time-since-new

(TSN)or time-since-overhaul

(TSO)or 3,500 cycles-since-new

(CSN)or cycles-since-overhaul (CSO), whichever occurs earlier Within 200 hours time-in-service-since-last-relative-position-check (TSLRPC) A292 72 0807, dated March 24, 2004. Arriel 1D1 and Arriel 1D Within 1,200 hours TSN or TSO or 3,500 hours CSN or CSO, whichever occurs earlier Within 150 hours TSLRPC. A292 72 0809, Update No. 1, dated October 4, 2005. Arriel 1S1 Within 1,200 hours TSN or TSO or 3,500 hours CSN or CSO, whichever occurs earlier Within 150 hours TSLRPC A292 72 0810, dated March 24, 2004. Repetitive Relative Position Check of 2nd Stage Turbine Blades

(g)Recheck the relative position of 2nd stage turbine blades at the TSLRPC intervals specified in Table 1 of this AD, using the mandatory ASBs indicated. Credit for Previous Relative Position Checks

(h)Relative position checks of 2nd stage turbine blades done using Turbomeca Service Bulletin A292 72 0263, Update 1, 2, 3, or 4, may be used to show compliance with the initial requirements of paragraph

(f)of this AD. Initial Replacement of 2nd Stage Turbines on Arriel 1B, 1D, and 1D1 Engines

(i)Initially replace the 2nd stage turbine with a new or overhauled 2nd stage turbine as follows:

(1)On or before August 31, 2006, replace the 2nd stage turbine with a new or overhauled 2nd stage turbine:

(i)As soon as practicable after accumulating 1,500 hours TSN or TSO for Arriel 1D and 1D1 engines.

(ii)As soon as practicable after accumulating 2,200 hours TSN or TSO for Arriel 1B engines.

(2)After August 31, 2006, replace the 2nd stage turbine with a new or overhauled 2nd stage turbine:

(i)Before accumulating 1,500 hours TSN or TSO for Arriel 1D and 1D1 engines.

(ii)Before accumulating 2,200 hours TSN or TSO for Arriel 1B engines. Repetitive Replacements of 2nd Stage Turbines on Arriel 1B, 1D, and 1D1 Engines

(j)Thereafter, replace the 2nd stage turbine with a new or overhauled 2nd stage turbine within every 1,500 hours TSN or TSO for Arriel 1D and 1D1 engines, and within every 2,200 hours TSN or TSO for Arriel 1B engines. Criteria for Overhauled 2nd Stage Turbines

(k)Do the following to overhauled 2nd stage turbines, referenced in paragraphs

(i)and

(j)of this AD:

(1)You must install new blades in the 2nd stage turbines of overhauled Arriel 1D and 1D1 engines.

(2)You may install either overhauled or new blades in the 2nd stage turbines of overhauled Arriel 1B engines. Relative Position Check Continuing Compliance Requirements

(l)All 2nd stage turbines, including those that are new or overhauled, must continue to comply with relative position check requirements of paragraphs

(f)and

(j)of this AD. Alternative Methods of Compliance

(m)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information

(n)DGAC airworthiness directive F-2004-047 R1, dated October 26, 2005, also addresses the subject of this AD. Material Incorporated by Reference

(o)You must use the service information specified in Table 2 of this AD to perform the actions required by this AD. The Director of the Federal Register previously approved the incorporation by reference of the documents listed in Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, as of February 28, 2006 (71 FR 3754, January 24, 2006). Contact Turbomeca, 40220 Tarnos, France; telephone +33 05 59 74 40 00, fax +33 05 59 74 45 15, 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., Nassif Building, Room PL-401, Washington, DC 20590-0001, 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 NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Table 2.—Incorporation by Reference Turbomeca mandatory alert service bulletin no. Page Update number Date A292 72 0807 ALL Original March 24, 2004. Total Pages: 17 A292 72 0809 ALL 1 October 4, 2005. Total Pages: 18 A292 72 0810 ALL Original March 24, 2004. Total Pages: 14 Issued in Burlington, Massachusetts, on August 8, 2006. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6-13249 Filed 8-11-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24255; Directorate Identifier 2006-CE-25-AD; Amendment 39-14720; AD 2006-16-20] RIN 2120-AA64 Airworthiness Directives; DG Flugzeugbau GmbH Model DG-1000S Sailplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for all DG Flugzeugbau GmbH Model DG-1000S sailplanes. This AD requires you to modify the elevator control at the stabilizer assembly, replace a placard on the fin, and incorporate changes in the FAA-approved sailplane flight manual (SFM). This AD results from mandatory continuing airworthiness information

(MCAI)issued by the airworthiness authority for Germany. We are issuing this AD to prevent the rigging of the horizontal stabilizer without properly connecting the elevator, which, if not prevented, could lead to an inoperative elevator. An inoperative elevator could lead to loss of control of the sailplane. DATES: This AD becomes effective on September 18, 2006. As of September 18, 2006, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES: For service information identified in this AD, contact DG-Flugzeugbau, Postbox 41 20, D-76625 Bruchsal, Federal Republic of Germany; telephone: ++49 7257 890; facsimile: ++45 7257 8922; e-mail: *http://www.dg-flugzeugbau.de.* To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on the Internet at *http://dms.dot.gov.* The docket number is FAA-2006-24255; Directorate Identifier 2006-CE-25-AD. FOR FURTHER INFORMATION CONTACT: Gregory Davison, Glider Project Manager, ACE-112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; facsimile:

(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion On May 9, 2006, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all DG Flugzeugbau GmbH Model DG-1000S sailplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on May 16, 2006 (71 FR 28287). The NPRM proposed to require you to modify the elevator control at the stabilizer assembly, replace a placard on the fin, and incorporate changes in the FAA-approved SFM. Comments We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 8 sailplanes in the U.S. registry. We estimate the following costs to do the modification and replacement of the placard on the fin: Labor cost Parts cost Total cost per sailplane Total cost on U.S. operators 2 work-hours × $80 per hour = $160 $60 $220 8 × $220 = $1,760 We estimate the following costs to do the incorporation of changes in the FAA-approved SFM: Labor cost Parts cost Total cost per sailplane Total cost on U.S. operators 1 work-hour × $80 per hour = $80 Not applicable $80 8 × $80 = $640 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 AD. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2006-24255; Directorate Identifier 2006-CE-25-AD” in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. FAA amends § 39.13 by adding the following new AD: **2006-16-20 DG Flugzeugbau GMBH:** Amendment 39-14720; Docket No. FAA-2006-24255; Directorate Identifier 2006-CE-25-AD. Effective Date

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

(b)None. Applicability

(c)This AD affects all Model DG-1000S sailplanes, all serial numbers, that are certificated in any category. Unsafe Condition

(d)This AD results from mandatory continuing airworthiness information

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

(1)Modify the elevator control at the stabilizer assembly as follows:

(i)Replace the rod-end, part number (P/N) 5St94 (or FAA-approved equivalent P/N), with a rod-end 5St94 modified to P/N 10St97/1 (or an FAA-approved equivalent P/N);

(ii)Install deflector part number 10St97/2 (or an FAA-approved equivalent P/N); and

(iii)Replace the placard on the fin. Within the next 25 hours time-in-service

(TIS)after September 18, 2006 (the effective date of this AD) Follow DG Flugzeugbau GmbH Technical Note No. 413/3, dated April 28, 2004.

(2)The parts that this AD requires to be replaced as well as those to be installed could have replacement parts approved under 14 CFR 21.303. Any such parts approved per this regulation and installed are subject to the actions of this AD. In addition, nothing in this AD prevents the installation of such alternatively approved parts provided they meet current airworthiness standards including those actions cited in this AD Not Applicable Not Applicable.

(3)Incorporate changes in the FAA-approved sailplane flight manual, as specified in paragraph 6a) of the Instructions section of DG Flugzeugbau GmbH Technical Note No. 413/3, dated April 28, 2004 Within the next 25 hours TIS after the effective date of this AD The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may do the flight manual change requirement of this AD. Make an entry in the aircraft records showing compliance with this portion of the AD following section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).

(4)Do not install any rod end P/N 5St94 (or FAA-approved equivalent P/N) unless it is modified to DG Flugzeugbau GmbH rod-end P/N 10St97/1 (or FAA-approved equivalent P/N) As of September 18, 2006 (the effective date of this AD) Not Applicable. Alternative Methods of Compliance (AMOCs)

(f)The Manager, Standards Office, Small Airplane Directorate, FAA, ATTN: Gregory Davison, Glider Project Manager, ACE-112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; facsimile:

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information

(g)German AD Number D-2004-300, dated June 15, 2004, also addresses the subject of this AD. Material Incorporated by Reference

(h)You must do the actions required by this AD following the instructions in DG Flugzeugbau GmbH Technical Note No. 413/3, dated April 28, 2004. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this service information, contact DG-Flugzeugbau, Postbox 41 20, D-76625 Bruchsal, Federal Republic of Germany; telephone: ++49 7257 890; facsimile: ++45 7257 8922; e-mail: *http://www.dg-flugzeugbau.de.* To review copies of this service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* or call

(202)741-6030. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on the Internet at *http://dms.dot.gov.* The docket number is FAA-2006-24255; Directorate Identifier 2006-CE-25-AD. Issued in Kansas City, Missouri, on August 4, 2006. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-13135 Filed 8-11-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-22420; Directorate Identifier 2005-CE-47-AD; Amendment 39-14719; AD 2006-16-19] RIN 2120-AA64 Airworthiness Directives; B-N Group Ltd. BN-2, BN-2A, BN-2B, BN-2T, and BN-2T-4R Series (All Individual Models Included in Type Certificate Data Sheet

(TCDS)A17EU, Revision 16, Dated December 9, 2002) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective September 18, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 18, 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. FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Safety Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4138; facsimile:

(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on June 6, 2006 (71 FR 32492). That NPRM proposed to require an inspection of the internal surface of the elevator system final drive control rod and replacement if found corroded. Comments We gave the public the opportunity to participate in developing this AD. We have considered the comment received. The Modification and Replacement Parts Association (MARPA) provides comments to the MCAI AD process pertaining to how the FAA addresses parts manufacturer approval

(PMA)parts. The commenter would like to see the FAA more fully address the intent of the AD as it affects PMA alternatives to the unsafe Original Equipment Manufacturer

(OEM)part. We acknowledge the need to ensure that unsafe PMA parts are identified and addressed in MCAI-related ADs. We are currently examining all aspects of this issue, including input from industry. Once we have made a final determination, we will consider how our policy regarding PMA parts in ADs needs to be revised. We consider that to delay this AD action would be inappropriate since we have determined that an unsafe condition exists and that replacement of certain parts must be accomplished to ensure continued safety. We have not changed the final rule AD action based on this comment. Conclusion We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable in a U.S. court of law. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements, if any, take precedence over the actions copied from the MCAI. Costs of Compliance Based on the service information, we estimate that this AD will affect about 91 products of U.S. registry. We also estimate that it will take about 5 work-hours per product to do the action and that the average labor rate is $80 per work-hour. Required parts will cost about $1,000 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD on U.S. operators to be $127,400, or $1,400 per product. 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 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. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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 FAA amends § 39.13 by adding the following new AD: **2006-16-19 B-N Group Ltd.:** Amendment 39-14719; Docket No. FAA-2005-22420; Directorate Identifier 2005-CE-47-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective September 18, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to all BN-2, BN-2A, BN-2B, BN-2T, and BN-2T-4R Series (all individual models included in Type Certificate Data Sheet

(TCDS)A17EU, Revision 16, dated December 9, 2002) airplanes; certificated in any U.S. category. Reason

(d)The aircraft manufacturer has identified several cases of corroded elevator final drive control rods. If not corrected corrosion of the interior surface could result in failure or collapse of the rod, resulting in loss of control or jamming of the elevator system. The mandatory continuing airworthiness information

(MCAI)requires an inspection of the internal surface of the elevator system final drive control rod and replacement if found corroded. Actions and Compliance

(e)Unless already done, do the following except as stated in paragraph

(f)below.

(1)Within the next 50 hours time-in-service or one month after the effective date of this AD, whichever occurs first, inspect the internal surface of the elevator system final drive control rod, in accordance with B-N Group Ltd. Britten-Norman Service Bulletin SB number 303, Issue 1, dated May 14, 2004.

(2)If corrosion is found, the elevator control rod must be replaced before further flight. FAA AD Differences

(f)When complying with this AD, repeat the actions in paragraphs (e)(1) and (e)(2) of this AD at intervals not to exceed 12 months. Other FAA AD Provisions

(g)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Staff, FAA, ATTN: Taylor Martin, Aerospace Safety Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4138; fax:

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(2)*Return to Airworthiness:* When complying with this AD, perform FAA-approved corrective actions before returning the product to an airworthy condition.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(h)This AD is related to MCAI United Kingdom Airworthiness Directive No: G-2004-0011, Issued Date: May 25, 2004, which references B-N Group Ltd. Britten-Norman Service Bulletin SB number 303, Issue 1, dated May 14, 2004, for information on required actions. Material Incorporated by Reference

(i)You must use B-N Group Ltd. Britten-Norman Service Bulletin SB number 303, Issue 1, dated May 14, 2004, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)For service information identified in this AD, contact the B-N Group Ltd, Bembridge Airport, Isle of Wright, United Kingdom, PO35 5PR; telephone: 0870 881 5064; facsimile: 0870 881 5065; e-mail: *structural@britten-norman.com.*

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri, on August 4, 2006. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-13015 Filed 8-11-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF STATE 22 CFR Part 51 RIN 1400-AC23 [Public Notice 5494] Passport Procedures—Amendment to Passport Regulations AGENCY: Department of State. ACTION: Interim rule. SUMMARY: This interim rule implements the requirements of the Passport Services Enhancement Act of 2005, amending the Passport Act of June 4, 1920, to authorize the Secretary of State to establish and collect a surcharge to cover the costs of meeting the increased demand for passports as a result of actions taken to comply with section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). The Passport Services Enhancement Act authorizes the Department of State to assess a surcharge on applicable fees for the filing of each passport application to offset its additional costs. The surcharge will be collected from within the application fee and will not increase the overall current cost of the passport. DATES: *Effective date:* This interim rule is effective on August 15, 2006. *Comment period:* The Department of State will accept written comments from interested persons up to September 13, 2006. ADDRESSES: Interested parties may submit comments at any time by any of the following methods: • *E-mail: PassportRules@state.gov.* You must include the Regulatory Identification Number

(RIN)in the subject line of your message. • *Mail:* (Paper, disk, or CD-ROM submissions): An original and three copies of comments should be sent to: Gail Neelon, Office of Passport Policy, Planning and Advisory Services, 2100 Pennsylvania Ave., NW., 3rd Floor, Washington, DC 20037. 202-663-2427. • *Fax:* 202-663-2499. You must include the Regulatory Identification Number

(RIN)in the subject line of your message. FOR FURTHER INFORMATION CONTACT: For *passport issuance policy:* Gail Neelon, Office of Passport Policy, Planning and Advisory Services, 2100 Pennsylvania Ave., NW., 3rd Floor, Washington, DC 20037.

(202)663-2427. E-mail: *PassportRules@state.gov.* For *consular fee setting policy:* Timothy Scherer, Office of the Executive Director, Bureau of Consular Affairs, U.S. Department of State, Suite H1004, 2401 E St., NW., Washington, DC 20520, or by e-mail: *fees@state.gov.* SUPPLEMENTARY INFORMATION: Section 1101(a)(30) of Title 8, United States Code (U.S.C.), defines a passport as any travel document issued by a competent authority showing the bearer's origin, identity and nationality, which is valid for the admission of the bearer into a foreign country. The Secretary of State has sole authority to grant and issue passports, pursuant to 22 U.S.C. 211a. Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application, as required by 22 U.S.C. 213. During its period of validity, a passport (when issued for the maximum period authorized by law) is a document establishing proof of United States citizenship, pursuant to 22 U.S.C. 2705. Section 7209 of the IRTPA seeks to enhance border security within the Western Hemisphere by requiring documentation for travel by U.S. citizens that denotes citizenship and identity. It requires that the Secretary of Homeland Security, in consultation with the Secretary of State, develop and implement a plan by January 1, 2008 to require all travelers, U.S. citizens and non-U.S. citizens alike, to present “a passport or other document, or combination of documents, deemed by the Secretary of Homeland Security to be sufficient to denote identity and citizenship” when entering the United States. This is a change from prior travel requirements and will affect United States citizens entering the United States who do not currently possess valid passports. The Passport Services Enhancement Act (Pub. L. 109-167, January 10, 2006, 119 STAT. 3578) authorizes the Secretary of State to establish, collect, and retain a surcharge to cover the costs of meeting the increased demand for passports as a result of actions taken to comply with section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Pub. L. 108-458, 8 U.S.C. 1185). At present, the entire passport application fee is deposited to the Department of the Treasury. In March 2006, the Department of State commissioned an independent cost of service survey to examine the resource implications of the increased demand for passports under the Western Hemisphere Travel Initiative (WHTI), the administration's proposal to address the requirements of the IRTPA, and to determine the appropriate amount of the surcharge. That survey determined that uncompensated WHTI-related costs borne by the Department of State will reach $289 million during the period FY 2006-FY 2008. It also determined that a six-dollar surcharge retained by the Department of State would enable it to meet the costs of increased passport demand. Pursuant to the authority granted to the Secretary of State under the Passport Services Enhancement Act of 2005, this rule will allow the Department of State to establish, collect, and retain a six-dollar surcharge on applicable fees for the filing of each application for a passport, in order to address the resource implications of section 7209(b) of the IRTPA. That surcharge will be imbedded in the passport application fee and will be deposited as an offsetting collection to the appropriate Department of State appropriation account. The non-surcharge portion of the passport application fee will be remitted to the general fund of the Treasury. However, the Passport Services Enhancement Act stipulates that the Department of State must ensure “to the extent practicable” that the total cost of the passport during fiscal years 2006 and 2007 not exceed the cost as of December 1, 2005. Therefore, the Department of State plans to reduce the total fee for a passport application based on the cost of service study commissioned in March 2006. This fee reduction will permit the Department of State to ensure in a timely manner that the cost of a passport application, after implementation of the surcharge authorized by this rule, will not exceed the cost of a passport application as of December 1, 2005. The net impact of these two actions is no change to the fee charged for a passport application. The Department of State considers the enactment of this rule as a matter of urgency to help provide the funds to meet the demand created by the legislation for universal international traveler nationality and identity documentation. The Department is in the process of increasing its overall production capacity, improving efficiency of production and adjudication processes, and developing a lower cost card format passport for use at land border crossings. Regulatory Findings Administrative Procedure Act The Department is publishing this rule as an interim final rule, with a 30-day provision for post-promulgation public comments, based on the “good cause” exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). The rule will not take effect, however, until August 15, 2006. Publishing the rule in this way, with a post-promulgation opportunity for comment, will allow the Department of State to make the rule effective at the earliest opportunity. Allowing a full 30-day comment period followed by a publication of the final rule with a further 30 days before its effective date is not practicable or in the public interest. That process would delay retention by the Department of State of the authorized surcharge, urgently needed in order to cover the increased costs attendant to implementing the provisions of the Intelligence Reform and Terrorism Prevention Act of 2004. That law, passed in the aftermath of the September 11, 2001 terrorist attacks, seeks to increase the national security of the United States by requiring all arrivals (both foreign national and U.S. citizen) to possess a suitably secure travel document. By expedited retention of the surcharge through an interim final rule, the Department of State will have sufficient time to fund the costs of increased passport demand in fiscal year 2006 and to prepare for the production of a new, convenient card format passport in fiscal year 2007. Comments received before the end of the comment period will be addressed in a final rule. Regulatory Flexibility Act/Executive Order 13272: Small Business These changes to the regulations are hereby certified as not expected to have a significant impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act, 5 U.S.C. 601-612. The Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets. The Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4; 109 Stat. 48; 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule does not result in any such expenditure nor will it significantly or uniquely affect small governments. Therefore, no actions were deemed necessary. Executive Order 13132: Federalism The Department of State finds that this regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor does the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132. Executive Order 12866: Regulatory Review The Department of State considers this rule to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review. Therefore, the Department has submitted the rule to the Office of Management and Budget for its review. Executive Order 12988: Civil Justice Reform The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. The Paperwork Reduction Act of 1995 This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35. List of Subjects in 22 CFR Part 51 Administrative practice and procedure, Drug traffic control, Passports and Visas. Accordingly, for the reason set forth above, 22 CFR part 51 is amended as follows: PART 51—PASSPORTS 1. The authority citation for Part 51 is revised to read as follows: Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C. 2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C. 9701; Public Law 105-277, 112 Stat. 2681 *et seq.* ; Public Law 109-167, 119 Stat. 3578; Public Law 108-447, 118 Stat. 2809 *et seq.* ; E.O. 10718, 22 FR 4632, 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR, 1966-1970 Comp., p. 570. 2. Section 51.61 is amended by redesignating paragraphs

(b)and

(c)as paragraphs

(c)and

(d)and adding a new paragraph

(b)to read as follows: § 51.61 Passport fees.

(b)A surcharge of six dollars on the filing of each application for a passport in order to cover the costs of meeting the increased demand for passports as a result of actions taken to comply with section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1165 note). The surcharge will be recovered by the Department of State from within the passport fee reflected in Schedule of Consular Fees. The surcharge will be imposed until October 1, 2010. Dated: August 4, 2006. Henrietta Fore, Under Secretary for Management, Department of State. [FR Doc. E6-13300 Filed 8-11-06; 8:45 am] BILLING CODE 4710-06-P DEPARTMENT OF THE INTERIOR Minerals Management Service 30 CFR Parts 250 and 254 RIN 1010-AD35 Oil and Gas and Sulphur Operations in the Outer Continental Shelf

(OCS)and Oil-Spill Response Requirements for Facilities Located Seaward of the Coast Line—Change in Reference to Official Title AGENCY: Minerals Management Service (MMS), Interior. ACTION: Final rule. SUMMARY: MMS is changing the title “District Supervisor” to “District Manager” in regulations to make them consistent with a change in the title within MMS. DATES: This rule is effective on August 14, 2006. FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulatory Specialist at

(703)787-1607 or FAX

(703)787-1555. SUPPLEMENTARY INFORMATION: *Background:* On August 14, 2003, an official change of title for District Supervisor positions was approved by the Offshore Minerals Management Associate Director, and by the Administration and Budget Associate Director. The titles were changed from “District Supervisor” to “District Manager” due to the breadth and scope of the District Supervisors' mission. The regulations at 30 CFR parts 250 and 254 need to be amended to reflect the official change of the title. Because this rule only changes the reference to the official title of an MMS intermediate-level manager position and makes no substantive change in any rule or requirement, MMS for good cause finds that notice and public comment are impracticable and unnecessary pursuant to 5 U.S.C. 553(b)(B). For the same reason, MMS finds good cause to waive the delay in effectiveness pursuant to 5 U.S.C. 553(d)(3), no party needing to adjust its conduct to conform to the rule. Procedural Matters Regulatory Planning and Review (Executive Order 12866) This document is not a significant rule as determined by the Office of Management and Budget

(OMB)and is not subject to review under E.O. 12866.

(1)This rule will not have an effect of $100 million or more on the economy. It will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.

(2)This rule will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. It will have no effect on any other agency.

(3)This rule does not alter the budgetary effects or entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients. The rule only addresses a change of title.

(4)This rule does not raise novel legal or policy issues. Regulatory Flexibility Act

(RFA)The Department certifies that this rule will not have a significant economic effect on a substantial number of small entities as defined under the RFA (5 U.S.C. 601 *et seq.* ). Comments from the public are important to us. The Small Business and Agriculture Regulatory Enforcement Ombudsman and 10 Regional Fairness Boards were established to receive comments from small business about Federal agency enforcement actions. The Ombudsman will annually evaluate the enforcement activities and rate each agency's responsiveness to small business. If you wish to comment on the actions of MMS, call 1-888-734-3247. You may comment to the Small Business Administration without fear of retaliation. Disciplinary action for retaliation by an MMS employee may include suspension or termination from employment with the Department of the Interior. Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under the SBREFA (5 U.S.C. 804(2)). This rule: a. Does not have an annual effect on the economy of $100 million or more. b. Will not cause an increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act

(UMRA)of 1995 This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local or tribal governments or the private sector. A statement containing the information required by the UMRA (2 U.S.C. 1531 *et seq.* ) is not required. Takings Implications Assessment (Executive Order 12630) This rule is not a governmental action capable of interference with constitutionally protected property rights. Thus, MMS did not need to prepare a Takings Implication Assessment according to E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Federalism (Executive Order 13132) With respect to E.O. 13132, this rule would not have federalism implications. This rule would not substantially and directly affect the relationship between the Federal and State governments. To the extent that State and local governments have a role in OCS activities, this rule would not affect that role. Civil Justice Reform (Executive Order 12988) With respect to E.O. 12988, the Office of the Solicitor has determined that this rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. Paperwork Reduction Act

(PRA)The proposed revisions do not contain any information collection subject to the PRA and do not require a form OMB83-I be submitted to OMB for review and approval under section 3507(d) of the PRA. The PRA provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information and assigns a control number, you are not required to respond. National Environmental Policy Act

(NEPA)of 1969 The MMS has determined that this final rule is strictly administrative in nature. This qualifies for a categorical exclusion under 516 Departmental Manual

(DM)Chapter 2, Appendix 1.10. Therefore, it is categorically excluded from environmental review under section 102(2)(C) of the National Environmental Policy Act (NEPA), pursuant to 516 DM, Chapter 2, Appendix 1. In addition, the final rule does not involve any of the 10 extraordinary circumstances listed in 516 DM, Chapter 2, Appendix 2. Pursuant to Council on Environmental Quality regulations (40 CFR 1508.4) and the environmental policies and procedures of the Department of the Interior, the term “categorical exclusions” means a category of actions which do not individually or cumulatively have a significant effect on the human environment and that have been found to have no such effect in procedures adopted by a Federal agency and for which neither an environmental assessment nor an environmental impact statement is required. Energy Supply, Distribution or Use (Executive Order 13211) Executive Order 13211 requires the agency to prepare a Statement of Energy Effects when it takes a regulatory action that is identified as a significant energy action. This rule is not a significant energy action, and therefore would not require a Statement of Energy Effects because it: a. Is not a significant regulatory action under E.O. 12866, b. Is not likely to have a significant adverse effect on the supply, distribution, or use of energy, and c. Has not been designated by the Administrator of the Office of Information and Regulatory Affairs, OMB, as a significant energy action. Consultation With Indian Tribes (Executive Order 13175) Under the criteria in E.O. 13175, we have evaluated this proposed rule and determined that it has no potential effects on federally recognized Indian tribes. There are no Indian lands or tribes on the OCS. List of Subjects 30 CFR Part 250 Continental shelf, Environmental impact statements, Environmental protection, Government contracts, Investigations, Oil and gas exploration, Penalties, Pipelines, Public lands—minerals resources, Public lands—right-of-way, Reporting and recordkeeping requirements, Sulphur. 30 CFR Part 254 Continental shelf, Environmental protection, Intergovernmental relations, Oil and gas exploration, Oil pollution, Penalties, Pipelines, Public lands—mineral resources, Reporting and recordkeeping requirements. Dated: July 24, 2006. R.M. “Johnnie” Burton, Director, Minerals Management Service, Exercising the delegated authority of the Assistant Secretary, Land and Minerals Management. For the reasons stated above, MMS amends 30 CFR parts 250 and 254 as follows: PART 250—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF 1. The authority citation for part 250 continues to read as follows: Authority: 43 U.S.C. 1331 *et seq.* , 31 U.S.C. 9701. PART 250—[NOMENCLATURE CHANGE] 2. In part 250 remove the words “District Supervisor” wherever they appear and add, in their place, the words “District Manager.” 3. In part 250 remove the words “District or Regional Supervisor” wherever they appear and add, in their place, the words, “District Manager or Regional Supervisor.” 4. In part 250 remove the words “Regional or District Supervisor” wherever they appear and add, in their place, the words “District Manager or Regional Supervisor.” PART 254—OIL-SPILL RESPONSE REQUIREMENTS FOR FACILITIES LOCATED SEAWARD OF THE COAST LINE 5. The authority citation for part 254 continues to read as follows: Authority: 44 U.S.C. 3501 *et seq.* PART 254—[NOMENCLATURE CHANGE] 6. In part 254 remove the words “District Supervisor” wherever they appear and add, in their place, the words, “District Manager.” [FR Doc. 06-6884 Filed 8-11-06; 8:45 am]

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