Rules and Regulations. Temporary rule; closures and openings

10,848 words·~49 min read·/register/2006/08/21/06-7063

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BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 060216045-6045-01; I.D. 081406C] Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closures and openings. SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel with gears other than jig gear in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI).

This action is necessary to prevent exceeding the 2006 total allowable catch

(TAC)of Atka mackerel in these areas. NMFS is also announcing the opening and closing dates of the first and second directed fisheries within the harvest limit area

(HLA)in Statistical Areas 542 and 543. These actions are necessary to prevent exceeding the HLA limits established for the Central (area 542) and Western (area 543) Aleutian Districts pursuant to the 2006 Atka mackerel TAC. DATES: The effective dates are provided in Table 1 under the SUPPLEMENTARY INFORMATION section of this temporary action. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area

(FMP)prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2006 TAC of Atka mackerel specified for other gear in the Eastern Aleutian District and the Bering Sea subarea was established as 6,868 metric tons

(mt)by the 2006 and 2007 final harvest specifications for groundfish in the BSAI (71 FR 10899, March 3, 2006). See § 679.20(a)(8)(ii) and (c)(3)(iii). In accordance with § 679.20(d)(1)(i) and (d)(1)(ii)(B), the Acting Administrator, Alaska Region, NMFS (Regional Administrator), has determined that 500 mt of the 2006 Atka mackerel TAC for other gear in the Eastern Aleutian District and the Bering Sea subarea will be necessary as incidental catch to support other anticipated groundfish fisheries. Therefore, the Regional Administrator is establishing a directed fishing allowance of 6,368 mt. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Atka mackerel by vessels using other gear in the Eastern Aleutian District and the Bering Sea subarea. In accordance with § 679.20(a)(8)(iii)(C), the Regional Administrator is opening the first directed fisheries for Atka mackerel within the HLA in areas 542 and 543, 48 hours after the closure of the Eastern Aleutian District and the Bering Sea subarea Atka mackerel directed fishery. The Regional Administrator has established the opening date for the second HLA directed fisheries as 48 hours after the last closure of the first HLA fisheries in either area 542 or 543. Consequently, NMFS is opening and closing directed fishing for Atka mackerel in the HLA of areas 542 and 543 in accordance with the periods listed under Table 1 of this notice. Table 1. Effective dates and times Action Area Effective Date 1 From To Closing Atka Mackerel with gears other than jig gear Eastern Aleutian District and the Bering Sea subarea 1200 hrs, September 2, 2006 2400 hrs, December 31, 2006 Opening the first directed fishery in the HLA 542 1200 hrs, September 4, 2006 1200 hrs, September 11, 2006 543 1200 hrs, September 4, 2006 1200 hrs, September 11, 2006 Opening the second directed fishery in the HLA 542 1200 hrs, September 13, 2006 1200 hrs, September 20, 2006 543 1200 hrs, September 13, 2006 1200 hrs, September 20, 2006 1 Alaska local time> In accordance with § 679.20(a)(8)(iii), vessels using trawl gear for directed fishing for Atka mackerel have previously registered with NMFS to fish in the HLA fisheries in areas 542 and/or 543. NMFS has randomly assigned each vessel to the directed fishery or fisheries for which they have registered. NMFS has notified each vessel owner as to which fishery each vessel has been assigned by NMFS (71 FR 46409, August 14, 2006). In accordance with § 679.20(a)(8)(ii)(C)( *1* ), the HLA limits of the B season allowance of the 2006 TACs in areas 542 and 543 are 11,100 mt and 4,301 mt, respectively. Based on those limits and the proportion of the number of vessels in each fishery compared to the total number of vessels participating in the HLA directed fishery for area 542 or 543, the harvest limit for each HLA directed fishery in areas 542 and 543 are as follows: for the first directed fishery in area 542, 5,550 mt; for the first directed fishery in area 543, 2,151 mt; for the second directed fishery in area 542, 5,550 mt; and for the second directed fishery in area 543, 2,150 mt. In accordance with § 679.20(a)(8)(iii)(E), the Regional Administrator has establish the closure dates of the Atka mackerel directed fisheries in the HLA for areas 542 and 543 based on the amount of the harvest limit and the estimated fishing capacity of the vessels assigned to the respective fisheries. Consequently, NMFS is prohibiting directed fishing for Atka mackerel in the HLA of areas 542 and 543 in accordance with the dates and times listed in Table 1 of this notice. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA,

(AA)finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) and 50 CFR 679.20(b)(3)(iii)(A) as such a requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of the Atka mackerel fishery in the Eastern Aleutian District and the Bering Sea subarea and the opening and closing of the fisheries for the HLA limits established for area 542 and area 543 pursuant to the 2006 Atka mackerel TAC. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 14, 2006. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 *et seq.* Dated: August 15, 2006. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-13790 Filed 8-18-06; 8:45 am] BILLING CODE 3510-22-S 71 161 Monday, August 21, 2006 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25645; Directorate Identifier 2005-NM-201-AD] RIN 2120-AA64 Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A and CL-601-3R) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive

(AD)for all Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A and CL-601-3R) airplanes. This proposed AD would require implementing a corrosion prevention and control program

(CPCP)either by accomplishing specific tasks or by revising the maintenance inspection program to include a CPCP. This proposed AD results from the determination that, as airplanes age, they are more likely to exhibit indications of corrosion. We are proposing this AD to prevent structural failure of the airplane due to corrosion. DATES: We must receive comments on this proposed AD by September 20, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, Washington, DC 20590. • Fax:

(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centreville, Montreal, Quebec H3C 3G9, Canada, for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Richard Beckwith, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone

(516)228-7302; fax

(516)794-5531. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “FAA-2006-25645; Directorate Identifier 2005-NM-201-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(CPCP)that identifies specific areas to be inspected to minimize and control deterioration of the airplane from corrosion. This condition, if not corrected, could result in structural failure of the airplane. Relevant Service Information Bombardier has issued Challenger 600 Time Limits/Maintenance Checks

(CPCP)Supplement, PSP 605 (CPCP), dated July 28, 2004 (for Model CL-600-1A11 (CL-600) airplanes); Challenger 601 Time Limits/Maintenance Checks

(CPCP)Supplement, PSP 601-5 (CPCP), dated July 28, 2004 (for Model CL-600-2A12 (CL-601) airplanes); and Challenger 601 Time Limits/Maintenance Checks

(CPCP)Supplement, PSP 601A-5 (CPCP), dated July 28, 2004 (for Model CL-600-2B16 (CL-601-3A and CL-601-3R) airplanes). In this proposed AD, we refer to these publications as “the Manual.” Paragraph 6 “Corrosion Levels” of the Manual defines three levels of corrosion: • Level 1 corrosion: 1. Occurs between repetitive inspections and can be reworked within certain limits; or 2. Exceeds allowable limits and is attributed to an event not typical of the usage of the other airplanes in the operator's fleet; or 3. Exceeds allowable limits as a result of accumulated blend-out of light corrosion found in previous inspections such that the structural item must be reinforced or replaced. • Level 2 corrosion occurs between repetitive inspections and requires a single rework that exceeds allowable limits, necessitating a repair or partial or complete replacement of a structural significant element. • Level 3 corrosion is found during initial or repetitive inspections and is determined to be a potentially urgent unsafe condition necessitating expeditious action. Paragraph 9 “List of Tasks” of the Manual contains the CPCP task numbers, description of the inspections for corrosion, repetitive intervals, and necessary re-protection actions. TCCA mandated the Manual and issued Canadian airworthiness directive CF-2005-06, dated March 10, 2005, to ensure the continued airworthiness of these airplanes in Canada. FAA's Determination and Requirements of the Proposed AD These airplane models are manufactured in Canada and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to 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 airplanes of this type design that are certificated for operation in the United States. Therefore, we are proposing this AD, which would require implementing a CPCP either by accomplishing specific tasks or by revising the maintenance inspection program to include a CPCP. The proposed AD would require you to use the Manual described previously to perform these actions. The proposed AD also would require you to report findings of Level 3 corrosion to the airplane manufacturer. Differences Among the Proposed AD, the Manual, and the Canadian Airworthiness Directive Although the Manual and Canadian airworthiness directive CF-2005-06 specify that all corrosion findings be reported to the airplane manufacturer, this proposed AD would only require reporting of Level 3 corrosion. The Canadian airworthiness directive CF-2005-06 specifies to incorporate the CPCP within one year and then to accomplish CPCP tasks at the next corresponding maintenance review board

(MRB)task or the next CPCP task interval. However, this proposed AD specifies accomplishing CPCP tasks at the next CPCP task interval specified in the applicable Manual or within 12 months, whichever occurs later. In developing an appropriate compliance time for this proposed, we considered the urgency associated with the subject unsafe condition, the availability of required parts, and the practical aspect of accomplishing the required actions within a period of time that corresponds to the normal scheduled maintenance for most affected operators. Clarification of Compliance Times in the Manual The compliance times in the Manual are not clearly identified. In this proposed AD, we clarify that the times in the “Interval” column of the Manual are in flight hours unless there is an “M” adjacent to the number. If there is an “M” adjacent to the number, the time is in months. If there are two different numbers for a task, the number with a “T” adjacent to it is the threshold and the number with an “R” adjacent to it is the repetitive interval. Costs of Compliance This proposed AD would affect about 204 airplanes of U.S. registry. There are between 72 and 74 specific inspections, depending on the applicable Manual. The inspections would take about 74 work hours per airplane, per inspection cycle, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $1,207,680, or $5,920 per airplane, per inspection cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **Bombardier, Inc. (Formerly Canadair):** Docket No. FAA-2006-25645; Directorate Identifier 2005-NM-201-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by September 20, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to all Bombardier Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A and CL-601-3R) airplanes, certificated in any category. Unsafe Condition

(d)This AD results from the determination that, as airplanes age, they are more likely to exhibit indications of corrosion. We are issuing this AD to prevent structural failure of the airplane due to corrosion. 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. Manual References

(f)The term “the Manual,” as used in this AD, means the documents specified in paragraphs (f)(1), (f)(2), and (f)(3) of this AD, as applicable. Although the Manual specifies to submit certain information to the manufacturer, this AD requires reporting only Level 3 corrosion.

(1)For Model CL-600-1A11 (CL-600) airplanes: Challenger 600 Time Limits/Maintenance Checks

(CPCP)Supplement, PSP 605 (CPCP), dated July 28, 2004;

(2)For Model CL-600-2A12 (CL-601) airplanes: Challenger 601 Time Limits/Maintenance Checks

(CPCP)Supplement, PSP 601-5 (CPCP), dated July 28, 2004; and

(3)For Model CL-600-2B16 (CL-601-3A and CL-601-3R) airplanes: Challenger 601 Time Limits/Maintenance Checks

(CPCP)Supplement, PSP 601A-5 (CPCP), dated July 28, 2004. Initial Inspections

(g)At the later of the times specified in paragraphs (g)(1) and (g)(2) of this AD: Perform each of the CPCP tasks, including re-protection actions, as applicable, specified in Paragraph 9 “List of Tasks” of the applicable Manual in accordance with the procedures specified in the applicable Manual.

(1)Within 12 months after the effective date of this AD.

(2)At the next CPCP task interval specified in the “Interval” column in the applicable table in Paragraph 9 “List of Tasks” of the applicable Manual. The times in the “Interval” column are in flight hours unless there is an “M” adjacent to the number. If there is an “M” adjacent to the number, the time is in months. If there are two different numbers for a task, the number with a “T” adjacent to it is the threshold and the number with an “R” adjacent to it is the repetitive interval. Repetitive Inspections

(h)After accomplishment of each initial CPCP task required by paragraph

(g)of this AD, except as provided by paragraph

(i)of this AD: Repeat each of the CPCP tasks, and re-protection actions, as applicable, specified in Paragraph 9 “List of Tasks” of the applicable Manual at intervals not to exceed the compliance time specified in the “Interval” column in the applicable table in Paragraph 9 “List of Tasks” of the applicable Manual. The times in the “Interval” column are in flight hours unless there is an “M” adjacent to the number. If there is an “M” adjacent to the number, the time is in months. If there are two different numbers for a task, the number with a “T” adjacent to it is the threshold and the number with an “R” adjacent to it is the repetitive interval.

(i)After accomplishment of each initial CPCP task required by paragraph

(g)of this AD, the FAA may approve the incorporation into the operator's approved maintenance/inspection program of either the CPCP specified in the applicable Manual and this AD, or an equivalent program that is approved by the FAA. In all cases, the initial CPCP task for each airplane area must be completed at the compliance time specified in paragraph

(g)of this AD. For the purposes of this paragraph, the FAA is defined as the cognizant Flight Standards District Office.

(1)Any operator complying with paragraph

(i)of this AD may use an alternative recordkeeping method to that otherwise required by section 91.417 (“Maintenance records”) or section 121.380 (“Maintenance recording requirements”) of the Federal Aviation Regulations (14 CFR 91.417 or 14 CFR 121.380, respectively) for the actions required by this AD, provided that the recordkeeping method is approved by the FAA and is included in a revision to the FAA-approved maintenance/inspection program. For the purposes of this paragraph, the FAA is defined as the cognizant Flight Standards District Office.

(2)After the initial accomplishment of the tasks required by paragraph

(g)of this AD, any extension of the repetitive intervals specified in the applicable Manual must be approved by the FAA. For the purposes of this paragraph, the FAA is defined as the Manager, New York Aircraft Certification Office (ACO), FAA. Corrective Actions

(j)If any corrosion is found during accomplishment of any action required by paragraph

(g)or

(h)of this AD: Before further flight, rework, repair, or replace, as applicable, all subject parts, in accordance with Paragraph 7 “Application of the CPCP Check” of the applicable Manual. Reporting Requirements and Repetitive Actions for Remainder of Affected Fleet

(k)If any Level 3 corrosion, as defined in the Introduction of the applicable Manual, is found during accomplishment of any action required by this AD: Do paragraphs (k)(1), (k)(2), and (k)(3) of this AD. Under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget

(OMB)has approved the information collection requirements contained in this AD, and assigned OMB Control Number 2120-0056.

(1)Within 3 days after the finding of Level 3 corrosion, report findings to Bombardier in accordance with paragraph 7.J. of the applicable Manual.

(2)Within 10 days after the finding of Level 3 corrosion, either submit a plan to the FAA to identify a schedule for accomplishing the applicable CPCP task on the remainder of the airplanes in the operator's fleet that are subject to this AD, or provide data substantiating that the Level 3 corrosion that was found is an isolated case. The FAA may impose a schedule other than proposed in the plan upon finding that a change to the schedule is needed to ensure that any other Level 3 corrosion is detected in a timely manner. For the purposes of this paragraph, the FAA is defined as the cognizant Principal Maintenance Inspector

(PMI)for operators that are assigned a PMI ( *e.g.* , part 121, 125, and 135 operators), and the cognizant Flight Standards District Office for other operators ( *e.g.* , part 91 operators).

(3)Within the time schedule approved in accordance with paragraph (k)(2) of this AD, accomplish the applicable task on the remainder of the airplanes in the operator's fleet that are subject to this AD. Limiting Future Corrosion Findings

(l)If corrosion findings that exceed Level 1 are found in any area during any repeat of any CPCP task after the initial accomplishment required by paragraph

(g)of this AD: Within 60 days after such finding, implement a means approved by the FAA to reduce future findings of corrosion in that area to Level 1 or better. For the purposes of this paragraph, the FAA is defined as the cognizant PMI for operators that are assigned a PMI ( *e.g.* , part 121, 125, and 135 operators), and the cognizant Flight Standards District Office for other operators ( *e.g.* , part 91 operators). Scheduling Corrosion Tasks for Transferred Airplanes

(m)Before any airplane subject to this AD is transferred and placed into service by an operator: Establish a schedule for accomplishing the CPCP tasks required by this AD in accordance with paragraph (m)(1) or (m)(2) of this AD, as applicable.

(1)For airplanes on which the CPCP tasks required by this AD have been accomplished previously at the schedule established by this AD: Perform the first CPCP task in each area in accordance with the previous operator's schedule, or in accordance with the new operator's schedule, whichever results in an earlier accomplishment of that CPCP task. After the initial accomplishment of each CPCP task in each area as required by this paragraph, repeat each CPCP task in accordance with the new operator's schedule.

(2)For airplanes on which the CPCP tasks required by this AD have not been accomplished previously, or have not been accomplished at the schedule established by this AD: The new operator must perform each initial CPCP task in each area before further flight or in accordance with a schedule approved by the FAA. For the purposes of this paragraph, the FAA is defined as the cognizant PMI for operators that are assigned a PMI ( *e.g.* , part 121, 125, and 135 operators), and the cognizant Flight Standards District Office for other operators ( *e.g.* , part 91 operators). Alternative Methods of Compliance (AMOCs) (n)(1) The Manager, New York ACO, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information

(o)Canadian airworthiness directive CF-2005-06, dated March 10, 2005, also addresses the subject of this AD. Issued in Renton, Washington, on August 11, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-13713 Filed 8-18-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25643; Directorate Identifier 2006-NM-135-AD] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive

(AD)for certain EMBRAER Model ERJ 170 and ERJ 190 airplanes. This proposed AD would require repetitive inspections to detect damaged smoke seals in the aft avionics compartment, repair/replacement if any damage is found, and reinforcement if no damage is found. This proposed AD also would require eventual replacement of all smoke seals in the aft avionics compartment with new, improved seals having new part numbers, which would terminate the repetitive inspections. This proposed AD results from a report of damaged smoke seals in the aft avionics compartment of the affected airplanes. We are proposing this AD to prevent smoke from penetrating into the passenger cabin during a fire in the avionics compartment. DATES: We must receive comments on this proposed AD by September 20, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, Washington, DC 20590. • Fax:

(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil, for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1175; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “FAA-2006-25643; Directorate Identifier 2006-NM-135-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion The Departamento de Aviaão Civil (DAC), which is the airworthiness authority for Brazil, notified us that an unsafe condition may exist on certain EMBRAER Model ERJ 170 and ERJ 190 airplanes. The DAC advises that damaged smoke seals have been found in the aft avionics compartment of the affected airplanes. The damage was caused by a design problem. This condition, in the event of a fire in the avionics compartment, could result in smoke penetrating into the passenger cabin. Relevant Service Information EMBRAER has issued the service bulletins shown in the following table. EMBRAER Service Bulletins Airplane EMBRAER Service Bulletins for inspections EMBRAER Service Bulletins for replacement Model ERJ 170 airplanes 170-21-0017, Revision 01, dated February 15, 2006 170-21-0018, Revision 01, dated February 15, 2006. Model ERJ 190 airplanes 190-21-0003, Revision 01, dated February 15, 2006 190-21-0004, dated December 2, 2005. The service bulletins for the inspections describe procedures for repetitive inspections for damaged smoke seals in the aft avionics compartment, and corrective actions. If no damage is found, these service bulletins specify reinforcing around the Velcro fasteners by installing silver tape. If damage is found and all damage is within the limits shown in the following table, the corrective action is repairing the damage before further flight as specified in the inspection service bulletins. This repair includes installing silver tape along the torn section of the Velcro fasteners to reinforce a torn area; and installing silver tape along the un-bonded Velcro fastener; as applicable. If any damage is outside the damage limits, these service bulletins state that the seal must be replaced with a new, improved seal, having a new part number, in accordance with the replacement service bulletins. The service bulletins for the replacement refer to the applicable aircraft maintenance manual tasks for specific instructions. Damage Limits Specified in Service Bulletins 170-21-0017 and 190-21-0003 Damage area Damage type Damage limit Seal Tear Tear must not exceed 200 millimeters

(mm)in length, regardless of direction; and edges must not be less than 10 mm from the seal extremities. Velcro Fastener Un-bonding from the seal edge Un-bonded section must not exceed 300 mm in length. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The DAC mandated the service information and issued Brazilian airworthiness directives 2006-05-04 (for Model ERJ170 airplanes) and 2006-05-07 (for Model ERJ190 airplanes), both effective June 14, 2006, to ensure the continued airworthiness of these airplanes in Brazil. FAA's Determination and Requirements of the Proposed AD These airplane models are manufactured in Brazil and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. As described in to this bilateral airworthiness agreement, the DAC has kept the FAA informed of the situation described above. We have examined the DAC's findings, evaluated all pertinent information, and determined that we need to issue an AD for airplanes of this type design that are certificated for operation in the United States. Therefore, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously, except as discussed under “Difference Between the Proposed AD and the Brazilian Airworthiness Directives.” Difference Between Proposed AD and the Brazilian Airworthiness Directives The Brazilian airworthiness directives are applicable to “all EMB-170( ) aircraft in operation,” and to “all EMB-190( ) aircraft in operation.” However, this does not agree with the effectivity of the EMBRAER service bulletins, which state that only certain Model EMB-170 and EMB-190 airplanes are affected. The service bulletins identify the affected airplanes by serial number. This proposed AD would be applicable only to the airplanes identified in the service bulletins. This difference has been coordinated with the DAC. Clarification of Reinforcement Action If no damage is found during the detailed inspections specified in this proposed AD, the service bulletins specify reinforcing around the Velcro fasteners by installing silver tape. However, EMBRAER Service Bulletins 170-21-0017 and 190-21-0003 are not specific as to whether this reinforcement must be repeated after each repetitive inspection during which no damage is found. Therefore, this proposed AD specifies that the reinforcement is required only one time, and thereafter as necessary depending on inspection findings. Clarification of Inspection Terminology EMBRAER Service Bulletins 170-21-0017 and 190-21-0003 do not specify the inspection type for finding damage to the smoke seals. In this proposed AD we refer to that inspection as a detailed inspection to parallel the inspection type specified in the Brazilian airworthiness directives. We have included the definition for a detailed inspection in a note in this proposed AD. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. Estimated Costs Action Work hours Average labor rate per hour ($) Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspection, per inspection cycle 1 80 None $80, per inspection cycle 78 $6,240, per inspection cycle. Reinforcement 1 80 Operator supplied $80, per inspection cycle 78 $6,240. Replacement 8 80 $244 to $265 $884 to $905 78 $68,952 to $70,590. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Docket No. FAA-2006-25643; Directorate Identifier 2006-NM-135-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by September 20, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to the airplanes identified in Table 1 of this AD, certificated in any category. Table 1.—Airplanes Affected by This AD EMBRAER model— As identified in EMBRAER Service Bulletin— ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes 170-21-0017, Revision 01, dated February 15, 2006. ERJ 190-100 STD, -100 LR, and -100 IGW airplanes 190-21-0003, Revision 01, dated February 15, 2006. Unsafe Condition

(d)This AD results from a report of damaged smoke seals in the aft avionics compartment of the affected airplanes. We are issuing this AD to prevent smoke from penetrating into the passenger cabin during a fire in the avionics compartment. 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 References

(f)The term “service bulletin,” as used in this AD, means the Accomplishment Instructions of the following service bulletins, as applicable:

(1)For the inspections, applicable corrective actions, and reinforcement specified in paragraph

(g)of this AD: EMBRAER Service Bulletins 170-21-0017, Revision 01, dated February 15, 2006 (for Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes); and 190-21-0003, Revision 01, dated February 15, 2006 (for Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes); and

(2)For the replacement specified in paragraph

(h)of this AD: EMBRAER Service Bulletins 170-21-0018, Revision 01, dated February 15, 2006 (for Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes); and 190-21-0004, dated December 2, 2005 (for Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes). Inspections and Reinforcement

(g)Within 600 flight hours after the effective date of this AD: Do a detailed inspection for damaged smoke seals in the aft avionics compartment; and, following the inspection, before further flight, reinforce around the Velcro fasteners by installing silver tape if no damage is found, and do all applicable corrective actions if any damage is found. Repeat the inspection thereafter at intervals not to exceed 1,200 flight hours until the replacement required by paragraph

(h)of this AD is done. Where the applicable service bulletin specifies reinforcing around the Velcro fasteners by installing silver tape if no damage is found during the detailed inspection, that reinforcement must be done the first time; it is required again only if damage is found during any repeat inspection. Do all actions in accordance with the applicable service bulletin specified in paragraph (f)(1) of this AD. If any damage exceeds the limits specified in the applicable service bulletin: Before further flight, do the replacement in paragraph

(h)of this AD. Note 1: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.” Replacement

(h)Within 6,000 flight hours after the effective date of this AD: Replace the smoke seal in the aft avionics compartment with a new improved seal, having a new part number, in accordance with Accomplishment Instructions of the applicable service bulletin specified in paragraph (f)(2) of this AD. Doing this replacement terminates the repetitive inspection requirements of paragraph

(g)of this AD. Parts Installation

(i)As of the effective date of this AD, no person may install a smoke seal in the aft avionics compartment on any airplane, that has part number 170-96563-509, -511, -513, -515, -517, -519, -521, or -523; 171-04768-501, -503, -505, or -507; 190-15062-501, -503, -505, or -507; or 190-15902-501, -503, -505, or -507. Actions Accomplished According to Previous Issues of Service Bulletins

(j)Actions done before the effective date of this AD in accordance with the applicable service bulletins identified in Table 2 of this AD are acceptable for compliance with the corresponding requirements of paragraphs

(g)and

(h)of this AD. Table 2.—Previous Issues of Service Bulletins EMBRAER Service Bulletin Date 170-21-0017 Dec. 29, 2005. 170-21-0018 Dec. 2, 2005. 190-21-0003 Dec. 29, 2005. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(l)Brazilian airworthiness directives 2006-05-04 (for Model ERJ170 airplanes), and 2006-05-07 (for Model ERJ190 airplanes), both effective June 14, 2006, also address the subject of this AD. Issued in Renton, Washington, on August 11, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-13714 Filed 8-18-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25642; Directorate Identifier 2006-NM-121-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 757 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive

(AD)for certain Boeing Model 757 airplanes. This proposed AD would require inspecting certain power feeder wire bundles for damage, inspecting the support clamps for these wire bundles to determine whether the clamps are properly installed, and performing corrective actions if necessary. This proposed AD results from a report that a power feeder wire bundle chafed against the number six auxiliary slat track, causing electrical wires in the bundle to arc, which damaged both the auxiliary slat track and power feeder wires. We are proposing this AD to prevent arcing that could be a possible ignition source for leaked flammable fluids, which could result in a fire. Arcing could also result in a loss of power from the generator connected to the power feeder wire bundle, and consequent loss of systems, which could reduce controllability of the airplane. DATES: We must receive comments on this proposed AD by October 5, 2006. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, Washington, DC 20590. • Fax:

(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for the service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Philip Sheridan, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6441; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “FAA-2006-25642; Directorate Identifier 2006-NM-121-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov,* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion We have received a report indicating that a power feeder wire bundle chafed against the number six auxiliary slat track at front spar station

(FSS)148.90 on a Boeing Model 757 airplane. Two of the three phases of the power feeder wire bundle were worn to the conductor. The chafing caused electrical wires in the bundle to arc, which damaged both the auxiliary slat track and power feeder wires. Investigation revealed that the support clamp for the power feeder wire bundle was not properly installed in the attach bracket, which resulted in insufficient clearance between the power feeder wire bundle and the auxiliary slat track. Arcing of the electrical wires in the power feeder wire bundle could be a possible ignition source for leaked flammable fluids, which could result in a fire. Arcing could also result in a loss of power from the generator connected to the power feeder wire bundle, and consequent loss of systems which could reduce controllability of the airplane. Relevant Service Information We have reviewed Boeing Special Attention Service Bulletins 757-24-0105 and 757-24-0106, both Revision 2, both dated April 20, 2006. The service bulletins describe procedures for inspecting for damage (including but not limited to chafing) of power feeder wire bundles W3312 and W3412 at FSS 148.90 in the left and right wings; inspecting support clamps for these wire bundles to determine whether the clamps are properly installed in the attach bracket; and performing corrective actions if necessary. For airplanes identified as Group 1 in Special Attention Service Bulletin 757-24-0105, proper installation in the left wing consists of the support clamp being installed in the upper hole of the lower attach bracket, with the lobe of the support clamp installed in the “up” position. Proper installation in the right wing on Group 1 airplanes consists of the support clamp being installed in the lower hole of the support bracket. For airplanes other than those in Group 1, proper installation on both wings consists of the support clamp being installed in the lower hole of the attach bracket. Corrective actions are as follows: • Repairing any damage of the power feeder wire bundles. • Installing in the correct hole of the attach bracket any support clamp found installed elsewhere, and installing a spacer if one is not already installed. • Installing a rivet to plug the open hole in the attach bracket. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously. Clarification of Inspection Terminology The service bulletins include the instruction to inspect the wire bundles and support clamps, but the Work Instructions do not specifically state what type of inspection is necessary. However, the term “general visual inspection” is defined under paragraph 3.A., General Information, in the Accomplishment Instructions of the service bulletins. Thus, this proposed AD refers to these inspections as “general visual inspections.” Costs of Compliance There are about 902 airplanes of the affected design in the worldwide fleet. This proposed AD would affect about 631 airplanes of U.S. registry. The proposed actions would take about 2 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $100,960, or $160 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **Boeing** : Docket No. FAA-2006-25642; Directorate Identifier 2006-NM-121-AD. Comments Due Date

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

(b)None. Applicability

(c)This AD applies to Boeing Model 757-200, -200PF, -200CB, and -300 series airplanes; certificated in any category; as identified in the service bulletins listed in Table 1 of this AD. Table 1.—Applicability Airplane model Boeing Special Attention Service Bulletin Revision level Date 757-200, -200PF, -200CB series 757-24-0105 2 April 20, 2006. 757-300 series 757-24-0106 2 April 20, 2006. Unsafe Condition

(d)This AD results from a report that a power feeder wire bundle chafed against the number six auxiliary slat track, causing electrical wires in the bundle to arc, which damaged both the auxiliary slat track and power feeder wires. We are issuing this AD to prevent arcing that could be a possible ignition source for leaked flammable fluids, which could result in a fire. Arcing could also result in a loss of power from the generator connected to the power feeder wire bundle, and consequent loss of systems, which could reduce controllability 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. Service Bulletin Reference

(f)The term “service bulletin,” as used in this AD, means the Accomplishment Instructions of the following service bulletins, as applicable:

(1)For Model 757-200, -200PF, and -200CB series airplanes: Boeing Special Attention Service Bulletin 757-24-0105, Revision 2, dated April 20, 2006; and

(2)For Model 757-300 series airplanes: Boeing Special Attention Service Bulletin 757-24-0106, Revision 2, dated April 20, 2006. One-Time Inspections and Corrective Actions

(g)Within 24 months after the effective date of this AD, perform a general visual inspection for damage (including but not limited to chafing) of power feeder wire bundles W3312 and W3412 at front spar station 148.90 in the left and right wings, and a general visual inspection of the support clamps for those power feeder wire bundles to determine whether the clamps are properly installed, and, before further flight, do all applicable corrective actions. Do these actions by doing all of the applicable actions in the service bulletin. Actions Accomplished Previously

(h)Inspections and corrective actions done before the effective date of this AD in accordance with the service information listed in Table 2 of this AD are acceptable for compliance with the corresponding actions required by this AD. Table 2.—Other Acceptable Service Bulletin Revisions Boeing Special Attention Service Bulletin Revision level Date 757-24-0105 Original September 30, 2004. 757-24-0105 1 June 23, 2005. 757-24-0106 Original September 30, 2004. 757-24-0106 1 June 23, 2005. Special Flight Permit

(i)Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished, provided that the generator served by the power feeder wire bundles specified in paragraph

(g)of this AD is disconnected. 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. Issued in Renton, Washington, on August 11, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-13730 Filed 8-18-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-24878; Airspace Docket No. 06-AWP-4] RIN 2120-AA66 Proposed Revision of Class E Airspace; Mountain Home, ID AGENCY Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking. SUMMARY: This action proposes to revise Class E airspace at Mountain Home, ID, beginning at 1,200 feet above ground level (AGL), replacing the existing Class G uncontrolled airspace. This airspace action will accommodate the terminal environment transition between Salt Lake Air Route Traffic Control Center (ARTCC) and Mountain Home AFB Radar Approach Control (RAPCON) by placing aircraft in controlled airspace during the transfer of aircraft radar identification between the facilities. In addition, a review of the legal description revealed that it does not reflect the correct airport reference point

(ARP)of Mountain Home Municipal Airport and geographic position of the Sturgeon Non-Directional Beacon (NDB). This action will correct those minor discrepancies. DATES: Comments must be received on or before October 5, 2006. ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2006-24878; Airspace Docket No. 06-AWP-4, at the beginning of your comments. You may also submit comments on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Francie Hope, Airspace Specialist, Western Terminal Service Area, Federal Aviation Administration, 15000 Aviation Boulevard, Lawndale, California 90261; telephone

(310)725-6502. SUPPLEMENTARY INFORMATION: Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers (FAA Docket No. FAA-2006-24878 and Airspace Docket No. 06-AWP-4) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at *http://dms.dot.gov.* Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2006-24878 and Airspace Docket No. 06-AWP-4.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of the comment received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket. Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at *http://dms.dot.gov.* Recently published rulemaking documents can also be accessed through the FAA's Web page at *http://www.faa.gov* , or the **Federal Register** 's Web page at *http://www.gpoaccess.gov/fr/index.html* . You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Terminal Service Area, Federal Aviation Administration, 15000 Aviation Boulevard, Lawndale, California 90261. Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking,

(202)267-9677, a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. Background Mountain Home AFB RAPCON works daily with Salt Lake ARTCC, transferring traffic between the facilities' airspace areas. The RAPCON's airspace has been charted into the ARTCC mapping file structure and extended to join with the Owyhee MOA boundary to the southwest of Mountain Home AFB. This wedge of airspace is outside the current 40 DME arc from the Mountain Home TACAN which accommodated the former approach control boundary to the southwest. The 46 DME arc brings that wedge into Class E airspace and is a fluid transition from adjoining Class E airspace along V113 to the southwest and around to V253 to the southeast, incorporating the northern portion of the Jarbridge MOA, accommodating the terminal environment transition and making control procedures more operationally efficient. The Proposal The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 to revise the Class E airspace area with a base altitude of 1,200 feet AGL in the vicinity of Mountain Home AFB, ID. Class E airspace is used to transition to and from the terminal or enroute environment, allowing a buffer for arriving and departing IFR aircraft from uncontrolled to controlled airspace. A review of the airspace in southern Idaho revealed a large area of uncontrolled (Glass G) airspace immediately adjacent to the (controlled) Class E airspace currently utilized by Mountain Home AFB RAPCON. Because this airspace is Class G below 14,500 feet mean sea level (MSL), Mountain Home AFB RAPCON does not have the authority to initiate IFR (Instrument Flight Rules) control instructions and vector aircraft transferred to them from Salt Lake ARTCC. IFR operations can take place in Class G, but the ability of the approach control to provide vectors, as an example, should not happen until within the confines of the approach control delegated airspace. The 46 DME arc provides for this buffer where transition from Class G to E can take place (arrival or departure), and allows the approach control in question to provide that vector within Class E. The Mountain Home AFB RAPCON airspace extends only to the 40 DME arc, and therefore, has no safe buffer currently established. The proposed airspace revision incorporates into Class E airspace that portion of Mountain Home AFB RAPCON delegated airspace that was extended to join with the Owyhee MOA boundary to the Southwest of Mountain Home AFB. This wedge of airspace is outside the current 40 DME arc from the Mountain Home TACAN, which accommodated the former approach control boundary to the southwest. In addition, the 6500 feet MSL Class E airspace to the southeast within the Jarbridge Military Operations Area

(MOA)will be incorporated into this 1200 foot AGL Class E airspace. Neither Mountain Home AFB RAPCON nor Salt Lake ARTCC utilize this airspace at 6500 feet MSL, and containing it at 1200 feet AGL will allow Mountain Home AFB RAPCON to vector aircraft to Jarbridge MOA at lower altitudes. Class E enroute domestic airspace areas are published in Paragraph 6005 of FAA Order 7400.9N dated September 1, 2005, and effective September 15, 2005, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document would be published subsequently in this Order. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Proposed Amendment Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9N, Airspace Designations and Reporting Points, dated September 1, 2005, and effective September 15, 2005, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward from 700 Feet or More Above the Surface of the Earth. ANM ID E5 Mountain Home, ID [Revised] Mountain Home AFB, ID (Lat. 43°02′37″ N., long. 115°52′21″ W.) Mountain Home TACAN (Lat. 43°02′26″ N., long. 115°52′28″ W.) Mountain Home Municipal Airport (Lat. 43°07′53″ N., long. 115°43′47″ W.) Sturgeon NDB (Lat. 43°06′48″ N., long. 115°39′31″ W.) That airspace extending upward from 700 feet above the surface within 8.7 miles northeast and 7.9 miles southwest of the Mountain Home AFB Tacan 135° and 315° radials extending from 15.7 miles southeast to 15.7 miles northwest of the TACAN, and within a 7.4-mile radius of the Mountain Home Municipal Airport, thence extending east of the radius 3.1 miles each side of the Sturgeon NDB 112° bearing to 7.4 miles east of Sturgeon NDB; that airspace extending upward from 1,200 feet above the surface bounded on the northeast by the southwest edge of V-253; to long. 115° 00′11″ W.; south to lat. 42°24′00″ N.; east to lat. 42°24′08″ N., long. 115°18′09″ W.; thence on the southeast, south, and west by a 46.0-mile radius of Mountain Home AFB; on the west by the southeast edge of V-113; northeast to the southwest edge of V-253. Issued in Los Angeles, California, on August 7, 2006. Leonard A. Mobley, Acting Director, Western Terminal Operations. [FR Doc. 06-7063 Filed 8-18-06; 8:45 am]

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