Unknown. Final rule; request for comments
10,452 words·~48 min read·
/register/2006/08/22/06-7035A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2006-08-22.xml --- 71 162 Tuesday, August 22, 2006 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Natural Resources Conservation Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 48907 E6-13874 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 48942-48943 E6-13907 Centers Centers for Disease Control and Prevention NOTICES Meetings:
Clinical Laboratory Improvement Advisory Committee, 48930 E6-13828 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare: Physician fee schedule (CY 2007); payment policies and relative value units, 48982-49252 06-6843 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Gloucester Harbor, Gloucester, MA, 48797-48799 E6-13894 NOTICES Reports and guidance documents; availability, etc.: Fish processing vessels; head and gut fleet; alternate standards, 48932 E6-13902 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department PROPOSED RULES Civilian health and medical program of the uniformed services (CHAMPUS):
TRICARE program— Reserve and Guard family member benefits, 48864-48866 E6-13720 Drug Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-13906 48943-48944 E6-13908 *Applications, hearings, determinations, etc.:* Aldrich Chemical Co. Inc., 48944 E6-13849 American Radiolabeled Chemicals, Inc., 48944-48945 E6-13840 Applied Science Labs, 48945 E6-13843 Cambrex North Brunswick, Inc., 48945-48946 E6-13844 E6-13845 Chemic Laboratories, Inc., 48946 E6-13850 Clinical Trial Services, 48946-48947 E6-13846 Guilford Pharmaceuticals, Inc., 48948 E6-13848 Noramco Inc., 48947 E6-13838 Research Triangle Institute, E6-13839 48947-48948 E6-13841 Wildlife Laboratories, Inc., 48948 E6-13842 Education Education Department RULES Postsecondary education:
Academic Competitiveness Grant and National Science and Mathematics Access to Retain Talent Grant Programs; grant and loan programs amendments Correction, 48799 E6-13901 PROPOSED RULES Elementary and secondary education: Innovation and improvement— Magnet Schools Assistance Program, 48866-48868 E6-13795 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office NOTICES Consumer products; energy conservation program:
Whirlpool Corp.; waiver from residential automatic and semi-automatic clothes washer test procedures, 48913-48916 E6-13853 EPA Environmental Protection Agency RULES Superfund program: National oil and hazardous substances contingency plan priorities list, 48799-48800 E6-13858 PROPOSED RULES Air programs: Federally administered emission trading programs; source requirements modification, 49254-49308 06-6819 Outer Continental Shelf regulations— Alaska; consistency update, 48879-48883 E6-13860 Air quality implementation plans; approval and promulgation; various States:
Texas, 48870-48879 E6-13866 NOTICES Agency information collection activities; proposals, submissions, and approvals, 48923 E6-13865 Air programs; State authority delegations: Indiana, 48923-48926 E6-13861 Committees; establishment, renewal, termination, etc.: Science Advisory Board, 48926-48927 E6-13864 Water pollution control: National Pollutant Discharge Elimination System— Idaho; aquaculture facilities; general permit reissuance, 48927 E6-13862 FAA Federal Aviation Administration RULES Airworthiness directives:
Fokker, 48793-48795 E6-13731 PROPOSED RULES Airworthiness directives: Airbus, 48838-48840 E6-13826 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Golden Pass Pipeline L.P., 48919-48920 E6-13822 Environmental statements; notice of intent: Rockies Express Pipeline, LLC, 48920-48923 E6-13890 *Applications, hearings, determinations, etc.:* CenterPoint Energy-Mississippi River Transmission Corp., 48916 E6-13819 Destin Pipeline Co., L.L.C., 48916 E6-13887 Dominion South Pipeline Co., LP, 48916-48917 E6-13889 Equitrans, L.P., 48917 E6-13820 Kern River Gas Transmission Co., 48917 E6-13886 Northwest Pipeline Corp., 48917-48918 E6-13821 Questar Pipeline Co., 48918 E6-13885 Trailblazer Pipeline Co., 48918-48919 E6-13888 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 48967-48968 E6-13794 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 48968-48970 E6-13900 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 48927-48929 E6-13833 Banks and bank holding companies:
Change in bank control; correction, 48929 E6-13892 E6-13893 Formations, acquisitions, and mergers, 48929-48930 E6-13832 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent: King County, WA; East Link Project, 48970-48972 E6-13896 Fish Fish and Wildlife Service RULES Migratory bird hunting: Illegal hunting methods; CFR correction, 48802 06-55526 PROPOSED RULES Endangered and threatened species: Critical habitat designations— Catesbaea melanocarpa, 48883-48899 06-7029 Findings on petitions, etc.— Island night lizard, 48900-48903 E6-13877 NOTICES Endangered and threatened species and marine mammal permit applications, determinations, etc., 48938-48939 E6-13813 Environmental statements; availability, etc.:
Incidental take permits— Escambia County, FL; Perdido Key beach mice, 48939-48941 E6-13827 Marine mammal permit applications, determinations, etc., 48939 E6-13814 Food Food and Drug Administration PROPOSED RULES Animal drugs, feeds, and related products: Minor Use and Minor Species Act of 2004; implementation— Legally marketed unapproved drugs for minor species; index, 48840-48864 06-7070 NOTICES Meetings: Medical Devices Advisory Committee, 48930-48931 E6-13823 Veterinary Medicine Advisory Committee, 48931 E6-13818 Food Food Safety and Inspection Service NOTICES Meetings:
Codex Alimentarius Commission— Nutrition and Foods for Special Dietary Uses Codex Committee, 48907-48909 E6-13851 Foreign Foreign Assets Control Office RULES Iranian transaction regulations: International organizations conducting official business with Iran; authorized U.S. citizen employees or contractors; general license, 48795-48797 E6-13809 NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, and narcotics traffickers, and foreign terrorist organizations:
Syria; additional designations, 48974 E6-13810 Foreign Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 48948 06-7103 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Florida, 48909-48910 E6-13869 New York, 48910 E6-13870 E6-13872 Pennsylvania, 48910 E6-13871 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 48931-48932 E6-13847 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration RULES Acquisition regulations:
Technical amendments, 48800-48802 06-7035 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 48933-48938 E6-13897 E6-13904 E6-13905 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping: Preserved mushrooms from— China, 48911 E6-13876 Stainless steel plate in coils from— Belgium, 48911-48912 E6-13868 Committees; establishment, renewal, termination, etc.:
Manufacturing Council, 48912 E6-13797 U.S. Travel and Tourism Advisory Board, 48913 E6-13855 International International Trade Commission NOTICES Import investigations: Welded stainless steel pipe from— Korea and Taiwan, 48941-48942 E6-13873 Meetings; Sunshine Act, 48942 06-7092 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Foreign Claims Settlement Commission Labor Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 48949 E6-13800 Committees; establishment, renewal, termination, etc.:
Job Corps Advisory Committee, 48949-48950 E6-13799 Land Land Management Bureau NOTICES Meetings: Canyons of the Ancients National Monument Advisory Committee, 48941 E6-13830 Resource Advisory Councils— Northeast California, 48941 E6-13817 Marine Marine Mammal Commission NOTICES Meetings; Sunshine Act, 48950 06-7116 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Science Committee, E6-13791 48950-48951 E6-13792 E6-13804 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 48824-48837 06-7072 Marine mammals: Commercial fishing authorizations— Fisheries categorized according to frequency of incidental takes; 2006 list, 48802-48823 06-7071 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies, 48903-48906 E6-13867 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Upper Salt Creek Watershed, Lancaster County, NE, 48909 E6-13875 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:
Defense Logistics Agency, Defense National Stockpile Center, Binghamton, NY, 48952-48953 E6-13834 Fisher Scientific Co., 48954-48955 E6-13837 University of Puerto Rico, El Verde Research Station, PR, 48955-48957 E6-13835 Meetings; Sunshine Act, 48957 06-7089 *Applications, hearings, determinations, etc.:* Union Electric Co., 48951-48952 E6-13836 Postal Postal Service PROPOSED RULES Domestic Mail Manual: Automation-rate flat-size mail; polywrap standards, 48868-48870 E6-13802 SEC Securities and Exchange Commission NOTICES Meetings;
Sunshine Act, 48957-48958 06-7091 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 48958-48961 E6-13812 E6-13816 New York Stock Exchange, Inc., 48961-48963 E6-13811 SBA Small Business Administration NOTICES Disaster loan areas: Texas, 48963 E6-13852 Social Social Security Administration NOTICES Privacy Act; computer matching programs, 48963-48964 E6-13863 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 48964-48965 E6-13883 E6-13960 Culturally significant objects imported for exhibition:
Embroidering Identities: A Century of Palestinian Clothing, 48965 E6-13891 Picasso and American Art, 48965-48966 E6-13881 Meetings: Defense Trade Advisory Group, 48966 E6-13882 Public Diplomacy, U.S. Advisory Commission, 48966 E6-13884 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: South Plains Switching, Ltd. Co., 48972-48973 E6-13898 Wyoming Dakota Railroad Properties, Inc., E6-13753 48973-48974 E6-13774 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See Surface Transportation Board NOTICES Aviation proceedings:
Agreements filed; weekly receipts, 48966 E6-13878 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 48967 E6-13880 Transportation Transportation Security Administration NOTICES Organization, functions, and authority delegations: TSA Civil Enforcement Docket transfer and change of address, 48933 E6-13815 Treasury Treasury Department See Foreign Assets Control Office Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 48974-48979 E6-13912 E6-13920 E6-13923 Medical benefits:
Medicare-equivalent remittance advice, 48979-48980 E6-13801 Meetings: CARES Business Plan Studies Advisory Committee, 48980 06-7075 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 48982-49252 06-6843 Part III Environmental Protection Agency, 49254-49308 06-6819 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 71 162 Tuesday, August 22, 2006 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25641; Directorate Identifier 2006-NM-114-AD; Amendment 39-14730; AD 2006-17-09] RIN 2120-AA64 Airworthiness Directives;
Fokker Model F27 Mark 050 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for all Fokker Model F27 Mark 050 airplanes. This AD requires doing an initial inspection of the leading edge sections of the elevators to detect loose leading edges and to ensure that there is no gap between the sections and the front spar, and corrective actions if necessary. This AD also requires determining the type of leading edge installed on the elevators. For certain airplanes, this AD requires repetitive inspections until the modification of the leading edge sections of the elevators and the application of sealant, which would end the repetitive inspections. This AD results from reports that the leading edges of the elevators were found loose, although the fasteners were still in place; in one case a stud was broken. In addition, the fastener attachment holes were elongated and worn out, and fretting damage was found on the elevator front spar and balance weights. Investigation revealed that vibration, induced by the propeller slipstream, was the cause of these discrepancies; the stud failure was due to improper installation of the fasteners. We are issuing this AD to prevent jamming, restricting, or binding of the elevators due to loose or missing fasteners, which could make the movement of the elevator difficult and decrease aerodynamic control of the airplane. DATES: This AD becomes effective September 6, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of September 6, 2006. We must receive comments on this AD by October 23, 2006. ADDRESSES: Use one of the following addresses to submit comments on this AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • Fax:
(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1137; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion The Civil Aviation Authority—The Netherlands (CAA-NL), which is the airworthiness authority for the Netherlands, notified us that an unsafe condition may exist on Fokker Model F27 Mark 050 airplanes. The CAA-NL advises that the leading edges of the elevators were found loose, although the fasteners were still in place; in one case a stud was broken. In addition, the fastener attachment holes were elongated and worn out, and fretting damage was found on the elevator front spar and balance weights. Investigation revealed that vibration, induced by the propeller slipstream, was the cause of these discrepancies; the stud failure was due to improper installation of the fasteners. Due to initial play in the attachment holes and at the lip of the free end of each leading edge section, some movement of the leading edge sections over the front spar can occur, causing the fretting of the front spar and elongation of the fastener attachment holes. These conditions, if not corrected, could result in jamming, restricting, or binding of the elevators due to loose or missing fasteners, which could make the movement of the elevator difficult and decrease aerodynamic control of the airplane. Relevant Service Information Fokker Services B.V. has issued Service Bulletins SBF50-55-012 and SBF50-55-013, both dated October 11, 2004. Service Bulletin SBF50-55-012 describes procedures for inspecting the leading edge sections of the elevators to detect loose leading edges and to ensure that there is no gap between the sections and the front spar, and corrective actions if necessary. The corrective actions include, among other things, installing an additional washer under the nut if the nut reaches the end of the screw thread on the stud, or installing the stud deeper in the elevator front spar. The service bulletin also describes procedures for determining the type of leading edge installed on the elevators. Service Bulletin SBF50-55-013 describes procedures for modifying the leading edge sections of the elevators and applying sealant, which would eliminate the need for the repetitive inspections. The modification includes, among other things, inspecting the gap between the nose of the leading edge and the horizontal stabilizer to assure it meets the minimum measurement. If the gap is too small, the service bulletin describes corrective actions to enlarge the gap. Accomplishing the actions specified in Service Bulletins SBF50-55-012 and SBF50-55-013 is intended to adequately address the unsafe condition. The CAA-NL mandated the service information and issued Dutch airworthiness directive NL-2005-001, dated March 23, 2005, to ensure the continued airworthiness of these airplanes in the Netherlands. Service Bulletin SBF50-55-013 refers to Fokker Component Service Bulletins F3203-010-55-01 and F3203-011-55-02, both dated October 11, 2004, as additional sources of service information for modifying the leading edge sections of the elevators and applying sealant. FAA's Determination and Requirements of this AD This airplane model is manufactured in the Netherlands and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. As described in this bilateral airworthiness agreement, the CAA-NL has kept the FAA informed of the situation described above. We have examined the CAA-NL's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States. Therefore, we are issuing this AD to prevent jamming, restricting, or binding of the elevator control surfaces due to loose or missing fasteners, which could make the movement of the elevator difficult and decrease aerodynamic control of the airplane. This AD requires accomplishing the actions specified in the service information described previously. Clarification of Inspection Type In this AD, the “inspection” required by the Dutch airworthiness directive is referred to as a “detailed inspection.” We have included the definition for a detailed inspection in a note in the AD. Costs of Compliance None of the airplanes affected by this action are on the U.S. Register. All airplanes affected by this AD are currently operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, we consider this AD necessary to ensure that the unsafe condition is addressed if any affected airplane is imported and placed on the U.S. Register in the future. If an affected airplane is imported and placed on the U.S. Register in the future, the following costs would apply: The required inspection would take about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the inspection would be $80 per airplane, per inspection cycle. The required modification and application of sealant would take about 7 work hours per airplane, at an average labor rate of $80 per work hour. The manufacturer states that it will supply required parts at no cost. Based on these figures, the estimated cost of the modification and sealant would be $560 per airplane. FAA's Determination of the Effective Date No airplane affected by this AD is currently on the U.S. Register. Therefore, providing notice and opportunity for public comment is unnecessary before this AD is issued, and this AD may be made effective in less than 30 days after it is published in the **Federal Register** . Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include “Docket No. FAA-2006-25641; Directorate Identifier 2006-NM-114-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-17-09 Fokker Services B.V.:** Amendment 39-14730. Docket No. FAA-2006-25641; Directorate Identifier 2006-NM-114-AD. Effective Date
(a)This AD becomes effective September 6, 2006. Affected ADs
(b)None. Applicability
(c)This AD applies to all Fokker Model F27 Mark 050 airplanes, certificated in any category. Unsafe Condition
(d)This AD results from reports that the leading edges of the elevators were found loose, although the fasteners were still in place; in one case a stud was broken. In addition, the fastener attachment holes were elongated and worn out, and fretting damage was found on the elevator front spar and balance weights. Investigation revealed that vibration, induced by the propeller slipstream, was the cause of these discrepancies; the stud failure was due to improper installation of the fasteners. We are issuing this AD to prevent jamming, restricting, or binding of the elevators due to loose or missing fasteners, which could make the movement of the elevator difficult and decrease aerodynamic control 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. Inspection/Corrective Actions
(f)For all airplanes: Within 6 months after the effective date of this AD, do the actions required by paragraphs (f)(1) and (f)(2) of this AD, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF50-55-012, dated October 11, 2004.
(1)Do a detailed inspection of the leading edge sections of the elevators to detect loose leading edges and to ensure that there is no gap between the sections and the front spar, including all applicable corrective actions. All applicable corrective actions must be done before further flight.
(2)Determine the type of leading edges installed on the elevators: If the leading edges are single-type, no further action is required by this AD. If the leading edges are divided-type, repeat the inspection required by paragraph (f)(1) of this AD thereafter at intervals not to exceed 6 months, until the actions specified in paragraph
(g)of this AD have been done. 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.” Modification
(g)For airplanes equipped with the “divided type” elevators: Within 24 months after the effective date of this AD, modify the leading edge sections of the elevators and apply sealant (including doing the inspection of the gap and all applicable corrective actions), in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF50-55-013, dated October 11, 2004. All applicable corrective actions must be done before further flight. Accomplishing the actions in this paragraph ends the repetitive inspections required by paragraph (f)(2) of this AD. Note 2: Fokker Service Bulletin SBF50-55-013 refers to Fokker Component Service Bulletins F3203-010-55-01 and F3203-011-55-02, both dated October 11, 2004, as additional sources of service information for modifying the leading edge sections of the elevators and applying sealant. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information
(i)Dutch airworthiness directive NL-2005-001, dated March 23, 2005, also addresses the subject of this AD. Material Incorporated by Reference
(j)You must use Fokker Service Bulletin SBF50-55-012, dated October 11, 2004; and Fokker Service Bulletin SBF50-55-013, dated October 11, 2004; as applicable; to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on August 11, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-13731 Filed 8-21-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 560 Iranian Transactions Regulations AGENCY: Office of Foreign Assets Control, Treasury. ACTION: Final rule; amendment. SUMMARY: The Office of Foreign Assets Control of the U.S. Department of the Treasury is amending the Iranian Transactions Regulations, 31 CFR part 560, effective immediately, to add a new general license authorizing U.S. persons who are employees or contractors of six international organizations to perform transactions for the conduct of the official business of those organizations in or involving Iran. DATES: *Effective date:* August 22, 2006. FOR FURTHER INFORMATION CONTACT: Assistant Director of Compliance Outreach/Implementation, tel.: 202/622-2490, Assistant Director of Licensing, tel.: 202/622-2480, Assistant Director of Policy, tel.: 202/622-4855, or Chief Counsel, tel.: 202/622-2410, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC's Web site ( *http://www.treas.gov/ofac* ) or via facsimile through a 24-hour fax-on-demand service, tel.: 202/622-0077. Background The Iranian Transactions Regulations, 31 CFR part 560 (the “ITR”), implement a series of Executive orders with respect to Iran, beginning with Executive Order 12957, issued on March 15, 1995. In that order, the President declared a national emergency pursuant to IEEPA to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions and policies of the Government of Iran, including its support for international terrorism, its efforts to undermine the Middle East peace process and its efforts to acquire weapons of mass destruction and the means to deliver them. To deal with this threat, Executive Order 12957 imposed prohibitions on certain transactions with respect to the development of Iranian petroleum resources. On May 6, 1995, the President issued Executive Order 12959 imposing comprehensive trade sanctions to further respond to this threat, and on August 19, 1997, the President issued Executive Order 13059 consolidating and clarifying the previous orders. In light of the U.S. interest in promoting the hiring and retention of Americans by international organizations, the Treasury Department's Office of Foreign Assets Control (“OFAC”) today is amending the ITR, effective immediately, to add a new general license authorizing U.S. persons who are employees or contractors of six international organizations to perform transactions for the conduct of the official business of these organizations in or involving Iran. Paragraph
(a)of new ITR § 560.539 specifies that the performance of transactions for the conduct of the official business of the United Nations, the World Bank, the International Monetary Fund, the International Atomic Energy Agency, the International Labor Organization or the World Health Organization by U.S. persons who are employees or contractors thereof is authorized, except as provided in paragraph
(b)of the new section. Paragraph
(a)of § 560.539 also provides examples of authorized transactions, such as: the provision of services involving Iran necessary for carrying out the official business; purchasing Iranian goods and services for use in carrying out the official business; leasing office space and securing related goods and services; funds transfers to or from the accounts of the international organizations specified in the license, provided that funds transfers to or from Iran are not routed through an account of an Iranian bank on the books of a U.S. financial institution; and the operation of accounts for the employees and contractors in Iran, provided that transactions conducted through the accounts are solely for the employee's or contractor's personal use and not for any commercial purposes in or involving Iran, and any funds transfers to or from an Iranian bank are routed through a third-country bank that is not a U.S. person. Paragraph
(b)of § 560.539 provides that this new general license does not authorize
(1)The exportation from the United States to Iran of any goods or technology listed on the Commerce Control List in the Export Administration Regulations, 15 CFR part 774, supplement No. 1 (CCL);
(2)the reexportation to Iran of any U.S.-origin goods or technology listed on the CCL; or
(3)the exportation or reexportation to Iran of any services not necessary and ordinarily incident to the international organization's official business in Iran. Such transactions require separate authorization from OFAC. Public Participation Because the Regulations involve a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553) (the “APA”) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply. Paperwork Reduction Act As authorized in the APA, the Regulations are being issued without prior notice and public comment. The collections of information related to 31 part 560 are contained in 31 CFR part 501 (the “Reporting, Procedures and Penalties Regulations”). Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of information have been approved by the Office of Management and Budget under control number 1505-0164. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. List of Subjects in 31 CFR Part 560 Administrative practice and procedure, Banks, Banking, Brokers, Foreign Trade, Investments, Loans, Securities, Iran. For the reasons set forth in the preamble, the Office of Foreign Assets Control amends 31 CFR part 560 as follows: PART 560—IRANIAN TRANSACTIONS REGULATIONS 1. The authority citation for part 560 continues to read as follows: Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C. 2349aa-9; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 106-387, 114 Stat. 1549; E.O. 12613, 52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O. 12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 12959, 60 FR 24757, 3 CFR, 1995, Comp., 356; E.O. 13059, 62 FR 44531, 3 CFR, 1997 Comp., p. 217. Subpart E—Licenses, Authorizations and Statements of Licensing Policy 2. Add a new § 560.539 to Subpart E to read as follows: § 560.539 Official Activities of Certain International Organizations.
(a)*General License.* Except as provided in paragraph
(b)of this section, the performance of transactions for the conduct of the official business of the United Nations, the World Bank, the International Monetary Fund, the International Atomic Energy Agency, the International Labor Organization or the World Health Organization in or involving Iran by U.S. persons who are employees or contractors thereof is hereby authorized. Authorized transactions include, but are not limited to:
(1)The provision of services involving Iran necessary for carrying out the official business;
(2)Purchasing Iranian-origin goods and services for use in carrying out the official business;
(3)Leasing office space and securing related goods and services;
(4)Funds transfers to or from accounts of the international organizations covered in this paragraph, provided that funds transfers to or from Iran are not routed through an account of an Iranian bank on the books of a U.S. financial institution; and
(5)The operation of accounts for employees and contractors located in Iran who are described in this paragraph. Transactions conducted through these accounts must be solely for the employee's or contractor's personal use and not for any commercial purposes in or involving Iran. Any funds transfers to or from an Iranian bank must be routed through a third-country bank that is not a U.S. person.
(b)*Limitations.* This section does not authorize:
(1)the exportation from the United States to Iran of any goods or technology listed on the Commerce Control List in the Export Administration Regulations, 15 CFR part 774, supplement No. 1 (CCL);
(2)the reexportation to Iran of any U.S.-origin goods or technology listed on the CCL; or
(3)the exportation or reexportation from the United States or by a U.S. person, wherever located, to Iran of any services not necessary and ordinarily incident to the official business in Iran. Such transactions require separate authorization from OFAC. Note to paragraph (b): The CCL includes items such as laptops, personal computers, cell phones, personal digital assistants and other wireless handheld devices/blackberries, and other similar items. The exportation of these items to Iran, even on a temporary basis, is prohibited, unless specifically authorized in a license issued pursuant to this part in a manner consistent with the Iran-Iraq Arms Nonproliferation Act of 1992 and other relevant law.
(c)*Other Requirements.* The general license set forth in this section shall not operate to relieve any persons authorized hereunder from compliance with any other U.S. legal requirements applicable to the transactions authorized pursuant to paragraph
(a)of this section. Dated: August 7, 2006. Barbara C. Hammerle, Acting Director, Office of Foreign Assets Control. Approved: August 8, 2006. Stuart A. Levey, Under Secretary, Office of Terrorism and Financial Intelligence, Department of the Treasury. [FR Doc. E6-13809 Filed 8-21-06; 8:45 am] BILLING CODE 4811-37-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01-06-070] RIN 1625-AA00 Safety Zone; Gloucester Schooner Festival Fireworks, Gloucester Harbor, Gloucester, MA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone for the Gloucester Schooner Festival Fireworks display on September 2, 2006 with rain dates of September 3 or September 4, 2006 in Gloucester, MA, temporarily closing all waters of Gloucester Harbor within a four hundred
(400)yard radius of the fireworks launch site located at Stage Fort Park at approximate position 42°36.313′ N, 070°40.533′ W. This zone is necessary to protect the maritime public from the potential hazards posed by a fireworks display. The safety zone temporarily prohibits entry into or movement within this portion of Gloucester Harbor during its closure period, unless authorized by the Captain of the Port, Boston or the COTP's designated representative. DATES: This rule is effective from 8 p.m. EDT on September 2, 2006 until 10:30 p.m. EDT on September 2, 2006 with rain dates of September 3 or September 4, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD01-06-070 and are available for inspection or copying at Sector Boston, 427 Commercial Street, Boston, MA, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Paul English, Sector Boston, Waterways Management Division, at
(617)223-5456. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking
(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM because there was insufficient time to conduct a notice and comment rulemaking before the event. Any delay encountered in this regulation's effective date would be contrary to the public interest since the safety zone is needed to prevent traffic from transiting a portion of Gloucester Harbor during the fireworks display and to provide for the safety of life on navigable waters. For the same reasons, the Coast Guard finds, under 5 U.S.C. 553(d)(3), that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . The zone should have a minimal negative impact on vessel transits in Gloucester Harbor because vessels will be excluded from the area for only two and one half hours, and vessels can still safely operate in other areas of Gloucester Harbor during the event. Background and Purpose The City of Gloucester is holding a fireworks display to celebrate the Gloucester Schooner Festival. This rule establishes a temporary safety zone on the waters of Gloucester Harbor within a four hundred
(400)yard radius of the fireworks launch site located at Stage Fort Park at approximate position 42°36.313′ N, 070°40.533′ W. This safety zone is necessary to protect the life and property of the maritime public from the potential dangers posed by this event. It will protect the public by prohibiting entry into or movement within the proscribed portion of Gloucester Harbor during the fireworks display. Marine traffic may transit safely outside of the zone during the effective period. The Captain of the Port does not anticipate any negative impact on vessel traffic due to this event. Public notifications will be made prior to and during the effective period via marine information broadcasts and Local Notice to Mariners. Discussion of Rule This rule is effective from 8 p.m. EDT until 10:30 p.m. EDT on September 2, 2006 with rain dates of September 3 and September 4, 2006. Marine traffic may transit safely outside of the safety zone in the majority of Gloucester Harbor during the event. Given the limited time-frame of the effective period of the zone, and the actual size of the zone compared to the amount of navigable water around it, the Captain of the Port anticipates minimal negative impact on vessel traffic due to this event. Public notifications will be made prior to and during the effective period via Local Notice to Mariners and marine information broadcasts. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full Regulatory evaluation is unnecessary. Although this rule will prevent traffic from transiting a portion of Gloucester Harbor during this event, the effect of this rule will not be significant for several reasons: Vessels will be excluded from the area of the safety zone for only two and one half hours; although vessels will not be able to transit the area in the vicinity of the zone, they will be able to safely operate in other areas of Gloucester Harbor during the effective period; and advance notifications will be made to the local maritime community by marine information broadcasts and Local Notice to Mariners. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit or anchor in a portion of Gloucester Harbor from 8 p.m. EDT until 10:30 p.m. EDT on September 2, 2006, with rain dates of September 3 or September 4, 2006. This safety zone will not have a significant economic impact on a substantial number of small entities for the reason described under Regulatory Evaluation. Assistance for Small Entities Under subsection 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 [Pub. L. 104-121], we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking process. If this rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call Chief Petty Officer Paul English, Sector Boston, Waterways Management Division, at
(617)223-5456. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from further environmental documentation. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” will be available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T06-070 to read as follows: § 165.T-01-070 Safety Zone: Gloucester Schooner Festival Fireworks, Gloucester Harbor, Gloucester, MA.
(a)*Location.* The following area is a safety zone: All waters of Gloucester Harbor, from surface to bottom, within a four hundred
(400)yard radius of the fireworks launch site located at Stage Fort Park located at approximate position 42°36.313′ N., 070°40.533′ W.
(b)*Effective Date.* This rule is effective from 8 p.m. EDT on September 2, 2006 until 10:30 p.m. EDT on September 2, 2006, with rain dates of September 3 or September 4, 2006.
(c)*Definitions.*
(1)As used in this section, *designated representative* means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port (COTP).
(2)*[Reserved]*
(d)*Regulations.*
(1)In accordance with the general regulations in § 165.23 of this part, entry into or movement within this zone by any person or vessel is prohibited unless authorized by the Captain of the Port (COTP), Boston or the COTP's designated representative.
(2)The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP's designated representative.
(3)Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTP's designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or the COTP's designated representative. Dated: August 9, 2006. James L. McDonald, Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts. [FR Doc. E6-13894 Filed 8-21-06; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF EDUCATION 34 CFR Parts 668, 674, 675, 676, 682, 685, 690, and 691 Student Assistance General Provisions; Federal Perkins Loan Program; Federal Work-Study Programs; Federal Supplemental Educational Opportunity Grant Program; Federal Family Education Loan Program; William D. Ford Federal Direct Loan Program; Federal Pell Grant Program; Academic Competitiveness Grant Program; and National Science and Mathematics Access to Retain Talent Grant Program AGENCY: Office of Postsecondary Education, Department of Education. ACTION: Interim final regulations; Corrections. SUMMARY: On July 3, 2006, we published in the **Federal Register** (71 FR 37990) interim final regulations for the Academic Competitiveness Grant and National Science and Mathematics Access to Retain Talent Grant programs. The interim final regulations also amended the Student Assistance General Provisions, Federal Perkins Loan Program, Federal Work-Study Programs, Federal Supplemental Educational Opportunity Grant Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Federal Pell Grant Program. In the DATES section of that notice, we inadvertently left two regulations off the list of regulations that contain information collection requirements with which affected parties need not comply until we publish in the **Federal Register** the control numbers assigned to these information collection requirements by the Office of Management and Budget. This notice corrects the error as follows: On page 37990, in the second column, under the DATES section, in the third sentence, insert “691.16, 691.82,” immediately following “691.15,”. In addition, we inadvertently included an incorrect citation in the notice of interim final regulations. This notice corrects the error as follows: On page 37993, in the third column, in the first sentence of the paragraph beginning “Reason:”, replace “34 CFR 660.2” with “34 CFR 600.2”. FOR FURTHER INFORMATION CONTACT: Jacquelyn Butler, U.S. Department of Education, 1990 K Street, NW., room 8053, Washington, DC 20006-8544. Telephone:
(202)502-7890. Sophia McArdle, U.S. Department of Education, 1990 K Street, NW., room 8019, Washington, DC 20006-8544. Telephone:
(202)219-7078. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT . Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister/index.html.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. You may also view this document in text or PDF at the following site: *http://ifap.ed.gov/IFAPWebApp/currentFRegistersPag.jsp.* Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.access.gpo.gov/nara/index.html* (Catalog of Federal Domestic Assistance Numbers: 84.375 Academic Competitiveness Grants; 84.376 SMART Grants) List of Subjects in 34 CFR Parts 668, 674, 675, 676, 682, 685, 690, and 691 Colleges and universities, Elementary and secondary education, Grant programs-education, Student aid. Margaret Spellings, Secretary of Education. [FR Doc. E6-13901 Filed 8-21-06; 8:45 am] BILLING CODE 4000-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL-8211-8] National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List Update AGENCY: Environmental Protection Agency. ACTION: Withdrawal of direct final deletion of the Brio Refining, Inc. Superfund Site from the National Priorities List. SUMMARY: On June 23, 2006, the United States Environmental Protection Agency
(EPA)Region 6, published a direct final deletion (71 FR 36015) to delete the Brio Refining, Inc. Superfund Site (Site), located in Friendswood, Texas, from the National Priorities List (NPL). The EPA is withdrawing this final action due to an adverse comment received during the public comment period. After consideration of the comment received, if appropriate, EPA will publish a notice of deletion in the **Federal Register** based on the parallel notice of proposed deletion (71 FR 36015) dated June 23, 2006 and place a copy of the final deletion package, including a Responsiveness Summary in the Site repositories. DATES: The direct final action published on June 23, 2006, at 71 FR 36015, is withdrawn as of August 22, 2006. ADDRESSES: Comprehensive information on the Site, as well as the comment received during the comment period is available through the public docket contained at: U.S. EPA Region 6 Library, 7th Floor, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733,
(214)665-6424, Monday through Friday 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. FOR FURTHER INFORMATION CONTACT: John C. Meyer, Remedial Project Manager (RPM), U.S. EPA Region 6 (6SF-LP), 1445 Ross Avenue, Dallas, TX 75202-2733,
(214)665-6742 or 1-800-533-3508 ( *meyer.john@epa.gov* ). SUPPLEMENTARY INFORMATION: Comprehensive information about the Site is available for viewing and copying at the Site information repositories located at: U.S. EPA Region 6 Library, 7th Floor, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733,
(214)665-6424, Monday through Friday 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m.; San Jacinto College, South Campus Library, 13735 Beamer Road, Houston, Texas, 77089,
(281)992-3416, Monday through Thursday 8 a.m. to 9 p.m.; Friday 8 a.m. to 3 p.m.; Saturday 10 a.m. to 1 p.m.; Texas Commission on Environmental Quality (TCEQ), Central File Room Customer Service Center, Building E, 12100 Park 35 Circle, Austin, Texas, 78753,
(512)239-2900, Monday through Friday 8 a.m. to 5 p.m. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous Waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and record keeping requirements, Superfund, Water Pollution control, and Water supply. Dated: August 11, 2006. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. E6-13858 Filed 8-21-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY 48 CFR Parts 3001, 3002, 3003, 3006, 3011, 3016, 3017, 3022, 3023, 3024, 3027, 3028, 3031, 3035, 3042, 3052, and 3053. RIN 1601-AA16 Revision of Department of Homeland Security Acquisition Regulation; Technical Amendments. AGENCY: Department of Homeland Security. ACTION: Final rule. SUMMARY: This document makes amendments to the Department of Homeland Security Acquisition Regulation
(HSAR)to delete any reference to the term “Organizational Elements”, and to use instead, the term, “Components” in accordance with internal Department of Homeland Security
(DHS)changes. These changes are technical amendments and make no substantive changes to the regulation. DATES: This rule is effective on August 22, 2006. FOR FURTHER INFORMATION CONTACT: Kathy Strouss, Office of the Chief Procurement Officer, Department of Homeland Security:
(202)447-5300. SUPPLEMENTARY INFORMATION: I. Background The Department of Homeland Security recently updated the organizational structure nomenclatures by revising the term “Organizational Element” and replacing it with “Component”. This is an internal Department organizational change not requiring public comment. This technical amendment addresses the change in nomenclature for the HSAR published as an Interim rule, (68 FR 67867), and the Final rule (71 FR 25759) by including the present terminology for the Department. In addition, there are a few other minor editorial corrections to the HSAR. List of Subjects in 48 CFR Parts 3001, 3002, 3003, 3006, 3011, 3016, 3017, 3022, 3023, 3024, 3027, 3028, 3031, 3035, 3042, 3052, and 3053 Government procurement. Dated: August 11, 2006. Elaine C. Duke, Chief Procurement Officer. Accordingly, DHS amends 48 CFR 3001, 3002, 3003, 3006, 3011, 3016, 3017, 3022, 3023, 3024, 3027, 3028, 3031, 3035, 3042, 3052, and 3053 as follows: 1. The authority citation for 48 CFR parts 3001, 3002, 3003, 3006, 3011, 3016, 3017, 3022, 3023, 3024, 3027, 3028, 3031, 3035, 3042, 3052, and 3053 continues to read as follows: Authority: 41 U.S.C. 418b(a) and (b). PART 3001—FEDERAL ACQUISITION REGULATION SYSTEM 2. Amend § 3001.105-2 by revising paragraph
(a)to read as follows: 3001.105-2 Arrangement of regulations.
(a)General. The HSAR, which encompasses both Department-wide and Component-unique guidance, conforms to the arrangement and numbering system prescribed by
(FAR)48 CFR 1.105-2. Guidance that is unique to a Component contains the organization's acronym or abbreviation directly following the title. The following acronyms apply: Bureau of Customs and Border Protection (CBP); Bureau of Immigration and Customs Enforcement (ICE); DHS Office of Procurement Operations (OPO); Federal Emergency and Management Agency
(FEMA)(includes all elements of the Emergency Preparedness and Response Directorate); Federal Law Enforcement Training Center (FLETC); Transportation Security Administration (TSA); U.S. Coast Guard (USCG); and U.S. Secret Service (USSS). 3001.301 [Amended] 3. Amend § 3001.301 as follows: a. In paragraph (a)(1) in the third sentence by removing “Organizational Element (OE)” and adding “Component” in its place. b. In paragraph (a)(2)(i) in the last sentence by removing “OE” and adding “Component” in its place. 3001.301-70 [Amended] 4. Amend § 3001.301-70(b) introductory text in the first sentence by removing “OEs” and adding “Components” in its place. 3001.303 [Amended] 5. Amend § 3001.303 as follows: a. In paragraph (a)(5) in the first sentence by removing “Organizational Element” and adding “Component” in its place. b. In paragraph (a)(7) in the first sentence by removing “OE” and adding “Component” in its place. 3001.304 [Amended] 6. Amend § 3001.304 by revising paragraph
(a)to read as follows: 3001.304 Agency control and compliance procedures.
(a)The HSAR is under the direct oversight and control of the Homeland Security, Office of the Chief Procurement Officer (OCPO), which is responsible for evaluation, review, and issuance of all Department-wide acquisition regulations and guidance. Each HCA may supplement the HSAR with Component guidance. Supplementation should be kept to a minimum. Components proposing to issue regulatory supplements or use solicitation or contract clauses on a repetitive basis must obtain legal review by the Component's legal counsel and forward supplements to the CPO for concurrence prior to publication in the **Federal Register** . 3001.403 [Amended] 7-8. Amend § 3001.403 by removing the words “(HSAR) 48 CFR 3001.7000(a)” and adding in their place the words “(HSAR) 48 CFR 3001.7000.” PART 3002—DEFINITIONS OF WORDS AND TERMS 3002.101 [Amended] 9. Amend § 3002.101 by revising the definition for “Chief of the Contracting Office (COCO)”, “Contracting activity”, “Head of the Contracting Activity”, and “Head of the Agency”, removing “Organizational Element (OE)”, and adding “Component” and “Legal Counsel”, to read as follows: 3002.101 Definitions. *Chief of the Contracting Office (COCO)* means the individual(s) responsible for managing the contracting office(s) within a Component. *Component* means the following entities for purposes of this chapter:
(1)Bureau of Customs and Border Protection (CBP);
(2)Bureau of Immigration and Customs Enforcement (ICE);
(3)DHS Office of Procurement Operations (OPO);
(4)Federal Emergency Management Agency
(FEMA)(Includes all elements of the Emergency Preparedness and Response Directorate);
(5)Federal Law Enforcement Training Center (FLETC);
(6)Transportation Security Administration (TSA); (TSA is exempt from the HSAR and HSAM according to the “Aviation and Transportation Security Act of 2001”);
(7)U.S. Coast Guard (USCG); and
(8)U.S. Secret Service (USSS). *Contracting activity* includes all the contracting offices within a Component and is the same as the term “procuring activity.” *Head of the Agency* means the Secretary of the Department of Homeland Security, or, by delegation, the Under Secretary of Management. *Head of the Contracting Activity (HCA)* means the individual responsible for direct management of the entire acquisition function within a Component. *Legal counsel* means the Department of Homeland Security Office of General Counsel or Component office providing legal services to the contracting organization. 3002.270 [Amended] 10. Amend § 3002.270 by removing “OE Organizational Element.” PART 3003—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST 3003.203 [Amended] 11. Amend § 3003.203(b) in the second sentence by removing “OE” and adding “the Component” in its place. PART 3006—COMPETITION REQUIREMENTS 3006.101-70 [Amended] 12. In § 3006.101-70 amend the definition for “Competition advocate for the procuring activity” by removing “Organization Element (OE)” and adding “Component” in its place. PART 3011—Describing Agency Needs 3011.602 [Amended] 13. Amend § 3011.602(c) introductory text by removing “OEs” and adding “Components” in its place. PART 3016—TYPES OF CONTRACTS 3016.505 [Amended] 14. Amend § 3016.505 by removing “OE” and adding “Component” in its place in paragraphs (b)(5), (b)(5)(i), and (ii). PART 3017—SPECIAL CONTRACTING METHODS 15. Amend § 3017.402 by removing the words “(HSAR) 48 CFR 3001.7000(a)” and adding in their place the words “(HSAR) 48 CFR 3001.7000.” PART 3022—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 3022.101-70 [Amended] 16. Amend § 3022.101-70 as follows: a. In paragraph
(a)in the first sentence by removing “Organizational Elements” and adding “Components” in its place. b. In paragraph
(b)in the first sentence by removing “OE” and adding “Component” in its place. PART 3023—ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 3023.501 [Amended] 17. Amend § 3023.501(d) by removing “Organizational Element” and adding “Component” in its place. 3023.506 [Amended] 18. Amend § 3023.506(e) by removing the words “(HSAR) 48 CFR 3001.7000(b)” and adding in their place the words “(HSAR) 48 CFR 3001.7000.” PART 3024—PROTECTION OF INDIVIDUAL PRIVACY 3024.203 [Amended] 19. Amend § 3024.203(a) in the second sentence by removing “Organizational Element” and adding “Component” in its place. PART 3027—Patents, Data and Copyrights 3027.205 [Amended] 20. Amend § 3027.205(a) in the first sentence by removing “OE” and adding “Component” in its place. PART 3028—BONDS AND INSURANCE 3028.106-6 [Amended] 21. Amend § 3028.106-6(c) in the second sentence by removing “OE” and adding “Component” in its place. PART 3031—CONTRACT COST PRINCIPLES AND PROCEDURES 3031.205-32 [Amended] 22. Amend § 3031.205-32(a) by removing the words “(HSAR) 48 CFR 3032.205-32(b)” and adding in their place the words “(HSAR) 48 CFR 3031.205-32(b).” PART 3035—RESEARCH AND DEVELOPMENT CONTRACTING 3035.003 [Amended] 23. Amend § 3035.003(b) in the last sentence by removing “OEs” and adding “Components” in its place. 3035.017 [Amended] 24. Amend § 3035.017(a) in the last sentence by removing “OEs” and adding “Components” in its place. PART 3042—CONTRACT ADMINISTRATION AND AUDIT SERVICES 3042.1502 [Amended] 25. Amend § 3042.1502(a) by removing “OEs” and adding “Components” in its place. PART 3052—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3052.101 [Amended] 26. Amend § 3052.101 as follows: a. In paragraph (b)(2)(i)(A), in the second sentence, by removing “OEs” and adding “Components” in its place. b. In paragraph (b)(2)(i)(B), in the first sentence, by removing “OE” and adding “Component” in its place. 3052.204-70 [Amended] 27. Amend § 3052.204-70(d) in the last sentence by removing “Organizational elements” and adding “Components” in its place. 3052.204-71 [Amended] 28. Amend § 3052.204-71, ALTERNATE I as follows: a. In paragraph
(i)in the first sentence by removing “OE” and adding “Component” in its place. b. In paragraph
(k)in the first sentence by removing “Organizational Element” and adding “Component” in its place. PART 3053—FORMS 3053.101 [Amended] 29. Amend § 3053.101 by removing “OEs” and adding “Components” in its place. [FR Doc. 06-7035 Filed 8-21-06; 8:45 am]
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27 references not yet in our index
- 14 CFR 39
- 1 CFR 51
- 31 CFR 560
- 15 CFR 774
- 5 USC 601-612
- 31 CFR 501
- 18 USC 2339B
- 50 USC 1601-1651
- Pub. L. 101-410
- 104 Stat. 890
- Pub. L. 106-387
- 114 Stat. 1549
- 33 CFR 165
- Pub. L. 104-121
- 44 USC 3501-3520
- 2 USC 1531-1538
- 42 USC 4321-4370f
- Pub. L. 107-295
- 40 CFR 300
- 48 CFR 3001
- 41 USC 418b(a)
- 48 CFR 1.105-2
- 48 CFR 3001.7000(a)
- 48 CFR 3001.7000
- 48 CFR 3001.7000(b)
- 48 CFR 3032.205-32(b)
- 48 CFR 3031.205-32(b)
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