Unknown. Final rule

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

--- schema: federal-register doc_type: fedreg source_file: FR-2006-09-12.xml --- 71 176 Tuesday, September 12, 2006 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 53695-53696 06-7585 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 53676-53677 06-7591 Alcohol Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Alcohol; viticultural area designations:

Swan Creek; Wilkes, Yadkin, and Iredell Counties, NC, 53612-53616 E6-14918 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Gypsy moth, 53546-53547 E6-15059 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Americans with Disabilities Act; implementation: Accessibility guidelines— Passenger vessels, 53630-53631 E6-15062 Telecommunications Act accessibility guidelines and electronic and information technology accessibility standards:

Telecommunications and Electronic and Information Technology Advisory Committee Meeting, 53629-53630 E6-15061 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Coast Guard Coast Guard PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Great Lakes; Coast Guard water training areas, 53629 E6-15109 Trent River, New Bern, NC, 53627-53629 06-7601 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 53652-53653 E6-15037 Corporation Corporation for National and Community Service NOTICES Meetings;

Sunshine Act, 53675 06-7605 Defense Defense Contract Audit Agency NOTICES Senior Executive Service Performance Review Board; membership, 53677 06-7589 Defense Defense Department See Air Force Department See Defense Contract Audit Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 53675-53676 06-7590 Delaware Delaware River Basin Commission NOTICES Meetings and hearings, 53677-53679 E6-15035 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission See Southeastern Power Administration Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 53680 E6-15056 EPA Environmental Protection Agency PROPOSED RULES Grants and other Federal assistance:

Tribal Clean Air Act authority— Four Corners Power Plant; Navajo Indian Reservation, NM; source-specific Federal implementation plan, 53631-53639 E6-15097 Navajo Generating Station; Navajo Indian Reservation, AZ; source-specific Federal implementation plan, 53639-53646 E6-15086 NOTICES Grants and cooperative agreements; availability, etc.: State Innovation Program, 53682-53684 E6-15082 Reports and guidance documents; availability, etc.: Clean Air Interstate Rule Federal Implementation Plan Trading Programs;

EGU NOx annual and NOx ozone season allocations, 53684-53685 E6-15084 Superfund; response and remedial actions, proposed settlements, etc.: Del Amo Site, CA, 53685 E6-15085 Executive Executive Office of the President See Presidential Documents See Science and Technology Policy Office Farm Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corporation Board, 53686 E6-15074 FAA Federal Aviation Administration RULES Air carrier certification and operations:

Portable oxygen concentrator devices onboard aircraft; use of additional devices, 53954-53956 06-7597 Airworthiness directives: Airbus, 53559-53562 E6-14942 Boeing, 53562-53565 E6-14618 Eurocopter, 53550-53553 06-7560 Honeywell, 53553-53556 E6-14940 McDonnell Douglas, 53556-53559 E6-14939 Standard instrument approach procedures, 53566-53569 E6-14731 PROPOSED RULES Airworthiness directives: Rolls-Royce Deutschland Ltd. & Co., 53610-53612 E6-15049 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 53686-53688 E6-15194 FDIC Federal Deposit Insurance Corporation RULES Deposit insurance coverage; retirement and employee benefit plan accounts; inflation adjustments, 53547-53550 E6-15065 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 53680-53681 E6-15114 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 53688 E6-15070 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 53738-53739 E6-15026 Environmental statements; notice of intent: Adams County, CO; North Metro Corridor, 53739-53740 E6-15093 Grant and cooperative agreement awards: Alternative Transportation in Parks and Public Lands Program, 53740-53745 E6-15095 Reports and guidance documents; availability, etc.:

Public transportation projects; federally-funded joint development improvements; eligibility, 53745-53752 E6-15022 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Rota bridled white-eye, 53589-53605 06-7583 PROPOSED RULES Endangered and threatened species: Critical habitat designations— Marbled murrelet, 53838-53951 06-7437 Plant and animal species that are candidates or proposed for listing, findings on resubmitted petitions; description of progress on listing actions; review, 53756-53835 06-7375 NOTICES Environmental statements; notice of intent:

Lincoln County, NV; Coyote Springs Investments Multiple Species Habitat Conservation Plan; public scoping meetings, 53704-53706 E6-15050 Food Food and Drug Administration RULES Medical devices: General hospital and personal use devices— Umbilical occlusion device; CFR correction, 53569 06-55527 NOTICES Reports and guidance documents; availability, etc.: Drug interaction studies; study design, data analysis, and implications for dosing and labeling; industry guidance, 53696-53697 E6-15058 Food Food Safety and Inspection Service NOTICES Committees; establishment, renewal, termination, etc.:

Meat and Poultry Inspection National Advisory Committee, 53649 E6-15060 Reports and guidance documents; availability, etc.: Bovine spongiform encephalopathy; Harvard risk assessment update, 53649-53650 E6-15017 Foreign Foreign Assets Control Office RULES Iranian transactions regulations; technical amendment, 53569-53571 06-7620 Forest Forest Service NOTICES Environmental statements; notice of intent: Clearwater National Forest, ID, 53650-53652 06-7587 Meetings: Resource Advisory Committees— Mendocino County, 53652 06-7595 Northeast Oregon, 53652 06-7586 GSA General Services Administration RULES Federal Management Regulation:

Excess personal property; disposition, 53571-53572 E6-15042 PROPOSED RULES Federal Management Regulation: Personal property disposition, 53646-53648 E6-15073 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration NOTICES Grants and cooperative agreements; availability, etc.: Training of Latin American health care workers, 53688-53695 E6-15018 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services PROPOSED RULES Privacy Act; implementation, 53609-53610 E6-15046 NOTICES Meetings:

State and Local Training Office Advisory Committee, 53697 E6-15075 Privacy Act; systems of records, 53697-53703 E6-15044 E6-15045 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Caddo Nation, OK, 53706 E6-15031 Lummi Nation, WA, 53706 E6-15024 Wichita and Affiliated Tribes, OK, 53706 E6-15027 Industry Industry and Security Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 53653 E6-15038 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International International Trade Administration NOTICES Antidumping:

Corrosion-resistant carbon steel flat products from— Germany, 53653-53655 E6-15088 Floor-standing metal-top ironing tables and certain parts from— China, 53655-53661 E6-15089 Non-malleable cast iron pipe fittings from— China, 53661-53662 E6-15099 Pure magnesium from— China, 53662 E6-15087 Tissue paper products from— China, 53662-53666 E6-15094 Senior Executive Service Combined Performance Review Board; membership, 53666-53667 E6-15200 International International Trade Commission NOTICES Meetings;

Sunshine Act, 53711 06-7613 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Sierra Front-Northwestern Great Basin, Northeastern Great Basin, and Mojave-Southern Great Basin, 53706-53707 E6-15063 Realty actions; sales, leases, etc.: Nevada, 53707-53711 E6-15019 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 53712 06-7619 Merit Merit Systems Protection Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 53712-53713 E6-15025 National Credit National Credit Union Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-15028 53713-53714 E6-15029 E6-15030 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

Humanities Panel, 53714-53715 E6-15021 National Highway National Highway Traffic Safety Administration RULES Consumer information: New Car Assessment Program; safety labeling, 53572-53589 06-7501 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Bottomfish, seamount groundfish, crustacean, and precious coral, 53605-53608 E6-15066 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-15032 53667-53669 E6-15033 E6-15036 Nuclear Nuclear Regulatory Commission NOTICES Meetings;

Sunshine Act, 53715 06-7603 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 53715-53726 E6-14938 Occupational Occupational Safety and Health Administration PROPOSED RULES Occupational safety and health standards: Hazard communication, 53617-53627 06-7584 NOTICES Meetings: Construction Safety and Health Advisory Committee, 53711-53712 E6-15023 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 53726 06-7611 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 53669-53675 E6-15048 Personnel Personnel Management Office RULES Employment:

Examining system; direct-hire authority to recruit and appoint individuals for shortage category positions, 53545-53546 E6-15016 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials: Special permit applications delayed; list, 53752-53753 06-7582 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Patriot Day (Proc. 8047), 53957-53960 06-7642 ADMINISTRATIVE ORDERS Sudan Security Sector Transformation program; transfer of defense articles and services (Presidential Determination) No. 2006-22 of August 28, 2006, 53543 06-7616 Science Science and Technology Policy Office NOTICES Reports and guidance documents; availability, etc.:

Charting the course for ocean science in the United States; research priorities for the next decade, 53685-53686 06-7600 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 53726 06-7607 Self-regulatory organizations; proposed rule changes: International Securities Exchange, Inc., 53727-53736 E6-15051 E6-15054 Sentencing Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration NOTICES Disaster loan areas:

Texas, 53737 E6-15100 Small business size standards: Nonmanufacturer rule; waivers— Plastics Pallets, 53737 E6-15096 Social Social Security Administration NOTICES Social security benefits and supplemental security income: Determination or decisions; administrative review requests; additional options; withdrawn, 53737-53738 E6-15055 Southeastern Southeastern Power Administration NOTICES Power rates: Kerr-Philpott System; correction, 53681-53682 E6-15057 State State Department NOTICES Foreign Operations, Export Financing, and Related Programs Appropriations Act:

Bosnia and Herzegovina; Raiffeisen Bank; investment determination, 53738 E6-15072 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Foreign Assets Control Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 53753-53754 E6-15047 MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 53703-53704 E6-15039 E6-15040 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 53736-53737 E6-15076 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 53756-53835 06-7375 Part III Interior Department, Fish and Wildlife Service, 53838-53951 06-7437 Part IV Transportation Department, Federal Aviation Administration, 53954-53956 06-7597 Part V Executive Office of the President, Presidential Documents, 53957-53960 06-7642 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. 71 176 Tuesday, September 12, 2006 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 337 RIN 3206-AK85 Examining System AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is adopting as a final rule, without changes, an interim rule that amended its direct-hire authority regulations to allow non-Department of Defense agencies to recruit and appoint highly-qualified individuals for certain Federal acquisition positions deemed a shortage category under the Services Acquisition Reform Act of 2003. DATES: This rule is effective October 12, 2006. FOR FURTHER INFORMATION CONTACT: Linda Watson by telephone at

(202)606-0830; by fax at

(202)606-2329; by TTY at

(202)418-3134; or by e-mail at *linda.watson@opm.gov.* SUPPLEMENTARY INFORMATION: On August 4, 2005, OPM published an interim rule at 70 FR 44847, to amend its regulation to allow non-Department of Defense

(DoD)agencies to determine whether a shortage of highly-qualified individuals exists for Federal acquisition positions covered under section 433(g)(1)(A) of title 41, United States Code (U.S.C.). As background, this action implements section 1413 of Public Law 108-136 which allows department and agency heads (other than the Secretary of Defense) to determine, under regulations prescribed by OPM, when certain Federal acquisition positions are shortage category positions for purposes of direct-hire authority. The Federal acquisition positions covered by section 1413 are listed in 41 U.S.C. 433(g)(1)(A). When determining the existence of a shortage of highly-qualified individuals, non-DoD agencies are required to use the supporting evidence prescribed in section 337.204(b) of title 5, Code of Federal Regulations (CFR). The supporting evidence must be kept on file for documentation and reporting purposes. When filling Federal acquisition positions, agencies must comply with public notice requirements as prescribed in 5 U.S.C. 3327 and 3330, and 5 CFR part 330, subpart G. Agencies must post a job announcement on OPM's USAJOBS Web site when filling jobs under direct-hire authority procedures to be in compliance with public notice requirements. The direct-hire authority for Federal acquisition positions under the provisions of section 1413 of Public Law 108-136 will terminate on September 30, 2007. Agencies may not appoint any individual to a position of employment using this authority after September 30, 2007. Section 1413(c) requires OPM to submit to Congress a report on the implementation and effectiveness of the direct-hire authority in attracting employees with unusually high qualifications to the acquisition workforce and to make any appropriate recommendations regarding whether to extend the authority. Non-DoD agencies are required to submit a report to OPM on their implementation and use of section 1413 of Public Law 108-136 by December 31, 2006. During the comment period, OPM received ten comments from the general public. Of the comments received, five comments claim that agencies are using outdated acquisition qualification standards and are applying the OPM qualification standards for acquisition positions incorrectly. These comments also included requests for assistance in obtaining an acquisition position in the Federal Government. Under direct-hire authority, agencies are required to use the approved qualification standards in OPM's Operating Manual: Qualification Standards for General Schedule Positions which is located at *http://www.opm.gov/qualifications/index.asp.* It is the responsibility of each agency to ensure that the proper qualification standard is applied and individuals who are appointed under direct-hire authority meet these qualifications. We did not make any changes to the interim regulation based on these comments. OPM was commended by an individual for granting direct-hire authority for Federal acquisition positions to agencies. The same individual stated a concern that agencies will use this authority to bypass and ignore veterans' preference eligibles. The Chief Human Capital Officers Act of 2002 (Pub. L. 107-296; 116 Stat. 2290), gives direct-hire authority to agencies to appoint individuals, without regard to the veterans' preference provisions of 5 U.S.C. 3309-3318, when OPM determines there is a severe shortage of candidates or critical hiring need. The Services Acquisition Reform Act gives direct-hire authority to non-DoD agencies for acquisition positions provided they meet the criteria in 5 CFR 337.204. We did not make any changes to the interim regulation based on this comment. A comment was received asking where an individual can find an acquisition position covered under direct-hire authority. The interim regulation follows the same rules as other direct-hire authorities prescribed in 5 CFR part 337, subpart B. Agencies are required to announce their positions on OPM's Governmentwide list of vacant positions at *http://www.usajobs.opm.gov.* This requirement is clearly stated in 5 CFR 337.203, Public notice requirements. We did not make any changes to the interim regulation based on this comment. One commenter requested a list of agencies that are hiring for Federal acquisition positions which OPM has deemed a shortage category under the Services Acquisition Reform Act. The purpose of the interim regulation was to amend OPM's regulation to allow non-DoD agencies to determine on their own whether a shortage of highly-qualified individuals exists for Federal acquisition positions covered under 41 U.S.C. 433(g)(1)(A). We did not adopt the suggestion to develop a list of agencies with Federal acquisition direct-hire authority. It is outside the scope of this regulation. However, information on OPM-approved Governmentwide direct-hire authorities can be obtained by visiting OPM's Web site at *http://www.opm.gov/employ/direct_hire/index.asp.* One commenter commended OPM for allowing non-DoD agencies to determine their own direct-hire authority for Federal acquisition positions because it reduces the red tape in the hiring process. However, the commenter suggested different assessment methods and tools for hiring good individuals for acquisition positions. We did not adopt this suggestion. It is outside the scope of this regulation. The last comment did not involve acquisition positions; therefore, it is outside the scope of this amendment. We are therefore adopting the interim regulation as a final regulation without changes. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities (including small businesses, small organizational units, and small governmental jurisdictions) because they will only apply to Federal agencies and employees. List of Subjects in 5 CFR Part 337 Government employees. Office of Personnel Management. Linda M. Springer, Director. Accordingly, the interim rule amending 5 CFR part 337, which was published at 70 FR 44847 on August 4, 2005, is adopted as a final rule without changes. [FR Doc. E6-15016 Filed 9-11-06; 8:45 am] BILLING CODE 6325-39-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2006-0116] Gypsy Moth Generally Infested Areas; Addition of Counties in Ohio and West Virginia AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the gypsy moth regulations by adding Delaware and Franklin Counties in Ohio and Monroe County in West Virginia to the list of generally infested areas based on the detection of infestations of gypsy moth in those counties. As a result of this action, the interstate movement of regulated articles from those areas will be restricted. This action is necessary to prevent the artificial spread of the gypsy moth to noninfested States. DATES: This interim rule is effective September 12, 2006. We will consider all comments that we receive on or before November 13, 2006. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov,* select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click “Submit.” In the Docket ID column, select APHIS-2006-0116 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to APHIS-2006-0116, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to APHIS-2006-0116. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Dr. Weyman Fussell, Program Manager, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-5705. SUPPLEMENTARY INFORMATION: Background The gypsy moth, *Lymantria dispar* (Linnaeus), is a destructive pest of forest and shade trees. The gypsy moth regulations (contained in 7 CFR 301.45 through 301.45-12 and referred to below as the regulations) restrict the interstate movement of regulated articles from generally infested areas to prevent the artificial spread of the gypsy moth. In accordance with § 301.45-2 of the regulations, generally infested areas are, with certain exceptions, those States or portions of States in which a gypsy moth general infestation has been found by an inspector, or each portion of a State that the Administrator deems necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities. Less than an entire State will be designated as a generally infested area only if:

(1)The State has adopted and is enforcing a quarantine or regulation that imposes restrictions on the intrastate movement of regulated articles that are substantially the same as those that are imposed with respect to the interstate movement of such articles; and

(2)the designation of less than the entire State as a generally infested area will be adequate to prevent the artificial interstate spread of infestations of the gypsy moth. Designation of Areas as Generally Infested Areas Section 301.45-3 of the regulations lists generally infested areas. In this rule, we are amending § 301.45-3(a) by adding two counties in Ohio and one county in West Virginia to the list of generally infested areas. As a result of this rule, the interstate movement of regulated articles from these areas will be restricted. We are taking this action because, in cooperation with the States of Ohio and West Virginia, the United States Department of Agriculture conducted surveys that detected multiple life stages of the gypsy moth in Delaware and Franklin Counties, OH, and in Monroe County, WV. Based on these surveys, we determined that reproducing populations exist at significant levels in these areas. Eradication of these populations is not considered feasible because these areas are immediately adjacent to areas currently recognized as generally infested and are, therefore, subject to reinfestation. Emergency Action This rulemaking is necessary on an emergency basis because of the possibility that the gypsy moth could be artificially spread to noninfested areas of the United States, where it could cause economic losses due to the defoliation of susceptible forest and shade trees. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register.** We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register.** The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This emergency situation makes timely compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) impracticable. We are currently assessing the potential economic effects of this action on small entities. Based on that assessment, we will either certify that the rule will not have a significant economic impact on a substantial number of small entities or publish a regulatory flexibility analysis. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. In § 301.45-3, paragraph (a), the entries for Ohio and West Virginia are amended by adding new counties in alphabetical order to read as follows: § 301.45-3 Generally infested areas.

(a)* * * Ohio *Delaware County.* The entire county. *Franklin County.* The entire county. West Virginia *Monroe County.* The entire county. Done in Washington, DC, this 6th day of September 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6-15059 Filed 9-11-06; 8:45 am] BILLING CODE 3410-34-P FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 330 RIN 3064-AD01 Deposit Insurance Regulations; Inflation Index; Certain Retirement Accounts and Employee Benefit Plan Accounts AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Final rule. SUMMARY: The FDIC is finalizing its interim rule, with changes, that amended regulations to implement deposit insurance revisions made by the Federal Deposit Insurance Reform Act of 2005 and the Federal Deposit Insurance Reform Conforming Amendments Act of 2005. DATES: The final rule is effective on October 12, 2006. FOR FURTHER INFORMATION CONTACT: Joseph A. DiNuzzo, Counsel,

(202)898-7349, Legal Division, Federal Deposit Insurance Corporation, Washington, DC 20429. SUPPLEMENTARY INFORMATION: I. Background The FDIC issued an interim rule, effective April 1, 2006, to implement the deposit-insurance revisions in the Federal Deposit Insurance Reform Act of 2005 (Pub. L. 109-171) (“Reform Act”) and the Federal Deposit Insurance Reform Conforming Amendments Act of 2005 (Pub. L. 109-173). The comment period on the interim rule ended on May 22, 2006, 71 FR 14629 (Mar. 23, 2006) (“Interim Rule”). The Reform Act made three substantive changes to the insurance coverage provisions of the Federal Deposit Insurance Act (12 U.S.C. 1813-1835a). Those changes are discussed in detail in the preamble to the Interim Rule. Summarizing: first, section 2103(a) of the legislation provides for an inflation index to be applied to the current maximum deposit insurance amount of $100,000, defined in the Reform Act as the “standard maximum deposit insurance amount” (“SMDIA”). Beginning April 1, 2010, and every succeeding five years, subject to approval by the Board of Directors of the FDIC and the National Credit Union Administration Board, the current SMDIA could be increased by a cost-of-living adjustment. Second, section 2103(c) of the Reform Act increases the deposit insurance limit for “certain retirement accounts” from $100,000 to $250,000, also subject to the inflation adjustment described above. The types of accounts that come within this provision are detailed below. And, third, section 2103(b) of the Reform Act provides per-participant coverage to employee benefit plan accounts, even if the depository institution at which the deposits are placed is not authorized to accept employee benefit plan deposits. The Reform Act eliminates the former requirement that an insured depository institution meet prescribed capital requirements before employee benefit plan deposits accepted by that institution would be eligible for per-participant coverage. II. Comments on the Interim Rule The FDIC received three written comments on the Interim Rule. Each of the comments was from a national banking industry trade association. The first trade association simply stated its support for the Interim Rule. The second association stated its support for the Interim Rule and commended the FDIC for issuing the interim regulations and making them effective within two months of the passage of the Reform Act. The comment endorsed the FDIC's approach in amending its regulations to implement the deposit insurance revisions to the FDI Act. The third banking industry trade group also expressed support for the Interim Rule and commended the FDIC for moving quickly to put the provisions into effect. In addition, this trade group suggested that the FDIC clarify through the use of examples the types of deposit accounts that are and are not eligible for the increased insurance coverage. In particular, the trade group noted that bankers have questions concerning some types of defined contribution plan accounts and that the nomenclature used in the FDIC's retirement account regulations might not match the terminology used and understood by bankers and depositors. The association also suggested that the FDIC provide a more detailed explanation of the term “self-directed” in connection with the eligibility of certain Keogh plan accounts and defined contribution plan accounts for the increased coverage of $250,000. The FDIC agrees with the trade group's comments and, therefore, has provided below a discussion more clearly specifying the types of retirement accounts that are, and are not, eligible for coverage up to $250,000. We also provide a more detailed explanation of the term “self-directed.” The FDIC intends to include this clarifying information in its educational materials to bankers and the public on deposit insurance coverage. III. The Final Rule A. Overview The final rule makes no substantive changes to the Interim Rule. The only revisions to the regulation text are the technical changes explained below. As noted, the following discussion is in response to the suggestion made by one of the commenters that the FDIC be more specific about the types of retirement accounts eligible for the new $250,000 coverage limit. B. Types of Retirement Accounts Eligible for the Increased Coverage Limit of $250,000 As specified in the FDI Act (12 U.S.C. 1821(l)), the types of accounts within this category of coverage continue to be comprised of:

(1)Individual retirement accounts described in section 408(a) of the Internal Revenue Code (“IRC”) (26 U.S.C. 408(a)) (“IRAs”);

(2)eligible deferred compensation plan accounts described in section 457 of the IRC (26 U.S.C. 457) (“Section 457 Plan Accounts”); and

(3)individual account plans defined in section 3(34) of the Employee Retirement Income Security Act (“ERISA”) (29 U.S.C. 1002) (“Defined Contribution Plan Accounts”) and any plan described in section 401(d) of the IRC (“Keogh Plan Accounts”), to the extent that participants and beneficiaries under such plans have a right to direct the investment of assets held in individual accounts maintained on their behalf by the plans. Each of these types of retirement accounts is discussed below. IRAs Section 408(a) of the IRC defines an IRA as a “trust created or organized in the United States for the exclusive benefit of an individual or his or her beneficiaries, but only if the written governing instrument creating the trust meets [specified] requirements.” 1 For purposes of deposit insurance coverage, IRAs include: *traditional* IRAs (into which individuals may make tax-deductible contributions, within prescribed dollar limitations, on which the earnings are tax-deferred); Roth IRAs 2 (into which individuals may make contributions (within prescribed dollar limitations) the earnings on which are tax-free; *Simplified Employee Pension* (“SEP”) IRAs 3 (into which employers may make contributions to traditional IRAs established by employees); and *Savings Incentive Match Plans for Employees* (“SIMPLE”) IRAs 4 (into which employers of eligible small companies are required to make either matching contributions to the plan or non-elective contributions paid to eligible employees regardless of whether the employee makes salary-reduction contributions to the plan). Like the other retirement accounts, all IRA products must be held in the form of deposits at FDIC-insured depository institutions to be eligible for FDIC deposit insurance coverage. An individual's interests in all these types of IRAs are combined with his or her interests in any of the other retirement accounts (eligible for the $250,000 coverage limit) and insured to a limit of $250,000. For example, if an individual has $75,000 in a traditional IRA, $100,000 in a Roth IRA and a $100,000 interest in a self-directed Defined Contribution Plan Account, $250,000 of the combined amount of the accounts would be insured and $25,000 would be uninsured. 1 During the pendency of the Interim Rule a Puerto Rico resident asked whether IRAs issued by FDIC-insured banks in Puerto Rico would be eligible for the $250,000 maximum insurance coverage provided under the Reform Act. The person expressed concern that such IRAs might not meet the definition of IRAs in the applicable provision of the FDI Act, 12 U.S.C. 1821(a)(3) (“Section 11(a)(3)”). Section 11(a)(3) encompasses IRAs “described in section 408(a) of [the Internal Revenue Code]” (“Section 408(a)”). In answer to the person's inquiry, the FDIC deems IRAs issued by banks in Puerto Rico to qualify as IRAs described in Section 408(a) because the IRA provisions of the Puerto Rico tax code are sufficiently similar to the provisions of Section 408(a). 13 L.P.R.A. 8569 (2005). This treatment of IRAs at FDIC-insured institutions in Puerto Rico is the same as the treatment of IRAs at credit unions in Puerto Rico insured by the National Credit Union Share Insurance Fund. 12 CFR 745.9-2. 2 26 U.S.C. 408A. 3 26 U.S.C. 408(k). 4 26 U.S.C. 408(p) The increased coverage of $250,000 for IRAs applies irrespective of whether an IRA is “self-directed,” a subject more fully discussed below. Section 457 Plan Accounts Section 457 plans are defined in section 457 of the IRC to include eligible deferred compensation plans provided by state and local governments, as well as not-for-profit organizations. As provided under the applicable provisions of the FDI Act, deposit accounts held at FDIC-insured institutions in connection with Section 457 Plans are eligible for insurance coverage up to $250,000 per plan participant. This coverage applies irrespective of whether the Section 457 Plan is “self-directed.” Self-Directed Defined Contribution Plan Accounts A Defined Contribution Plan Account is defined in ERISA as a “pension plan which provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participant's account, and any income, expenses, gains losses, and any forfeiture of accounts of other participants which may be allocated to such participant's account.” 5 As provided for in the applicable provisions of the FDI Act (as revised by the Reform Act), Defined Contribution Plan Accounts held in the form of deposits at FDIC-insured institutions are eligible for coverage up to $250,000 per participant's interest; however, the FDI Act specifies that this coverage is provided only if the participants under such plans have a right to direct the investment of assets held in individual accounts maintained on their behalf by the plans. This means that only “self-directed” Defined Contribution Plan Accounts come within the “certain retirement account” category of coverage. As indicated in the Interim Rule and discussed in more detail below, the FDIC continues to define the term “self-directed” to mean that the plan participants have the right to direct how their funds are invested, including the ability to direct that the funds be deposited at an FDIC-insured institution. 5 29 U.S.C. 1002(34). The most common type of Defined Contribution Plan Account is the popular section 401(k) plan, established under section 401(a) and 401(k) of the IRC (26 U.S.C. 401(a) and 401(k)). Self-directed Savings Incentive Match Plans for Employees held in the form of 401(k) plans (referred to as SIMPLE 401(k)s) qualify under this account category as well as self-directed defined contribution money purchase plans (in which employer contributions are fixed) and self-directed defined contribution profit-sharing plans (in which employer contributions are based on company profits). Self-Directed Keogh Plan Accounts Section 401(d) of the IRC describes a “trust forming part of a pension or profit-sharing plan which provides contributions or benefits for employees some or all of whom are owner-employees.” These so-called “Keogh” (or “H.R. 10”) plan accounts are designed for self-employed individuals. As provided for in the applicable provisions of the FDI Act (as revised by the Reform Act), “self-directed” Keogh plan accounts held in the form of deposits at FDIC-insured institutions are eligible for coverage up to $250,000 per participant's interest. C. The Meaning of “Self-Directed” As indicated in the Interim Rule and reiterated above, the FDIC continues to define the term “self-directed” to mean that plan participants have the right to direct that their funds be deposited into a specific FDIC-insured institution. One question the FDIC received on the Interim Rule was whether an open-ended plan, in which the participants could choose any investment, would be considered “self-directed.” A related question involved a feature of a plan where, if the employee does not make any other selection, he or she will be deemed to have chosen to invest funds in a deposit account. In response to the comment on an open-ended investment plan, as long as the participant has the right to choose a particular depository institution's deposit as an investment, the FDIC would consider the account to be “self-directed.” Also, if a plan has as its “default” investment option deposits of a particular FDIC-insured institution, the FDIC would deem the plan to be self-directed for deposit insurance purposes because, by inaction, the participant has directed that the funds be placed at an FDIC-insured institution. As explained in an FDIC advisory opinion, if a plan's only investment vehicle is the deposits of a particular bank, so that participants have no choice of investments, the plan would not be deemed “self-directed” for deposit insurance purposes. FDIC Adv. Op. 93-65 (Sept. 17, 1993). If, however, a plan consists only of a single employer/employee, because the employer establishes the plan with a single-investment option of plan assets, the plan would be considered “self-directed.” Hence, single employer/employee defined contribution plans which limit the options of fund investments to deposits of a particular insured depository institution would be self-directed for deposit insurance purposes. D. Accounts Not Qualifying for the Increased Coverage In response to questions received during the comment period, it is important to emphasize that only the types of retirement accounts specified in the FDI Act are eligible for the increased retirement account insurance limit of $250,000. Thus, accounts such as Coverdell education savings accounts, Health Savings Accounts and Medical Savings Accounts are not eligible for the increased coverage limit. Also, accounts established under section 403(b) of the IRC (annuity contracts for certain employees of public schools, tax-exempt organizations and ministers) do not come within the retirement account category. Notably, defined-benefit plans (in which benefits are predetermined by an employee's compensation, years of service and age) are not within the category of retirement accounts. For deposit insurance purposes, they are treated as employee benefit plans eligible for pass-through coverage up to $100,000 per participant's interest. 12 CFR 330.14(a). Defined contribution plan accounts and Keogh plan accounts that are not “self-directed” also would not be insured under the retirement account category. Instead, they would be insured as employee benefit plan accounts. E. Technical Revisions In the Interim Rule the FDIC inadvertently retained Section 457 accounts in the category of employee benefit plans under section 330.14(a) eligible for per-participant coverage of $100,000. As noted, Section 457 Plan Accounts are eligible for the increased coverage of $250,000. The final rule corrects these technical errors. IV. Paperwork Reduction Act The final rule will implement statutory changes to the FDIC's deposit insurance regulations. It will not involve any new collections of information pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). Consequently, no information collection has been submitted to the Office of Management and Budget for review. V. Regulatory Flexibility Act A regulatory flexibility analysis is required only when an agency must publish a notice of proposed rulemaking (5 U.S.C. 603, 604). Because the revisions to part 330 were published in interim final form without a notice of proposed rulemaking, no regulatory flexibility analysis is required. VI. The Treasury and General Government Appropriations Act, 1999—Assessment of Federal Regulations and Policies on Families The FDIC has determined that the final rule will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, enacted as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999 (Pub. L. 105-277, 112 Stat. 2681). VII. Small Business Regulatory Enforcement Fairness Act The Office of Management and Budget has determined that the final rule is not a “major rule” within the meaning of the relevant sections of the Small Business Regulatory Enforcement Fairness Act of 1996 (“SBREFA”) (5 U.S.C. 801 *et seq.* ). As required by SBREFA, the FDIC will file the appropriate reports with Congress and the General Accounting Office so that the final rule may be reviewed. List of Subjects in 12 CFR Part 330 Bank deposit insurance, Banks, Banking, Reporting and recordkeeping requirements, Savings and loan associations, Trusts and trustees. For the reasons stated above, the Board of Directors of the Federal Deposit Insurance Corporation adopts as a final rule the interim final rule amending 12 CFR part 330, which was published at 71 FR 14629 on March 23, 2006, with the following changes: PART 330—DEPOSIT INSURANCE COVERAGE 1. The authority citation for part 330 continues to read as follows: Authority: 12 U.S.C. 1813(l), 1813(m), 1817(i), 1818(q), 1819 (Tenth), 1820(f), 1821(a), 1822(c). 2. In section 330.14, revise paragraph (a); redesignate (b)(2)(A), (b)(2)(B), (b)(2)(C) as (b)(2)(i), (b)(2)(ii) and (b)(2)(iii), respectively; and revise newly designated (b)(2)(ii) to read as follows: § 330.14 Retirement and other employee benefit plan accounts.

(a)“Pass-through” insurance. Any deposits of an employee benefit plan in an insured depository institution shall be insured on a “pass-through” basis, in the amount of up to the SMDIA for the non-contingent interest of each plan participant, provided the rules in § 330.5 are satisfied. Deposits eligible for coverage under paragraph (b)(2) of this section that also are deposits of a employee benefit plan or deposits of an deferred compensation plan described in section 457 of the Internal Revenue Code of 1986 (26 U.S.C. 457) in an insured depository institution shall be insured on a “pass-through” basis in the amount of $250,000 for the non-contingent interest of each plan participant, provided the rules in § 330.5 are satisfied.

(b)* * *

(2)* * *

(ii)Any eligible deferred compensation plan described in section 457 of the Internal Revenue Code of 1986 (26 U.S.C. 457); and By order of the Board of Directors. Dated at Washington DC, this 5th day of September 2006. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. E6-15065 Filed 9-11-06; 8:45 am] BILLING CODE 6714-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25773; Directorate Identifier 2006-SW-16-AD; Amendment 39-14758; AD 2006-19-01] RIN 2120-AA64 Airworthiness Directives; Eurocopter Model AS350B, B1, B2, B3, BA, D, and AS355E Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. SUMMARY: This amendment adopts a new airworthiness directive

(AD)for the specified Eurocopter helicopters. This action requires, within 10 hours time-in-service (TIS), inspecting the tapered housing of each main servo-control

(MSC)for a crack. If no crack is found, this AD requires, before further flight, retorquing the upper ball-end attachment nut of the MSC. If a crack is found, this AD requires, before further flight, replacing the MSC with an airworthy MSC. This amendment is prompted by the discovery of cracks in the tapered housings of MSCs. The actions specified in this AD are intended to detect a crack in the MSC tapered housing and to prevent loss of the attachment of the MSC to the upper attachment yoke, loss of the main rotor control, and subsequent loss of control of the helicopter. DATES: Effective September 27, 2006. Comments for inclusion in the Rules Docket must be received on or before November 13, 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; or • 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. You may get the service information identified in this AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone

(972)641-3460, fax

(972)641-3527. Examining the Docket You may examine the docket that contains the AD, any comments, and other information on the Internet at *http://dms.dot.gov* , or in person at the Docket Management System

(DMS)Docket Offices between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone

(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the DMS receives them. FOR FURTHER INFORMATION CONTACT: Uday Garadi, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort Worth, Texas 76193-0110, telephone

(817)222-5123, fax

(817)222-5961. SUPPLEMENTARY INFORMATION: This amendment adopts a new AD for the specified Eurocopter helicopters. This AD applies to MSCs not modified per MOD 073343 and on which the tightening torque of the attachment nut that secures the upper ball end has been increased by following MOD 073191 or complying with MET Work Card 67.30.00.402 since MET Revision 04-06 for Model AS350 helicopters and Revision 04.08 for Model AS355 helicopters. This action requires, within 10 hours TIS, inspecting the tapered housing of the MSC for a crack. If no crack is found, this AD requires before further flight, adjusting the torque of the upper ball-end attachment nut of the MSC to between 177-199 in-lbs (2-2.25 decanewton meters (daN·m)). If a crack is found, before further flight, this AD also requires replacing the MSC with an airworthy MSC. This amendment is prompted by the discovery of cracks in the tapered housings of MSCs. The condition, if not detected, could result in the loss of the attachment of the MSC to the upper attachment yoke, loss of main rotor control, and subsequent loss of control of the helicopter. The European Aviation Safety Agency

(EASA)notified us that an unsafe condition may exist on Eurocopter Model AS 350 and AS 355 helicopters. EASA advises of the discovery of cracks in the tapered housings of MSCs during scheduled inspections. EASA also advises that a very long crack in the tapered housing of an MSC can lead to loss of the attachment of the MSC concerned

(sic)to the nonrotating swashplate and consequently loss of the helicopter. Eurocopter has issued Alert Service Bulletin

(ASB)Nos. 05.00.51 for Model AS350B, BA, BB, B1, B2, B3, and D helicopters, and 05.00.48 for Model AS355E helicopters, both dated February 27, 2006. The ASBs specify inspecting for a crack in the tapered housing of the MSC. The ASBs apply to all part numbers not modified per MOD 073343 and on which the tightening torque of the attachment nut that secures the upper ball end has been increased by following MOD 073191 or complying with MET Work Card 67.30.00.402 since MET Revision 04-06 for Model AS350 helicopters and Revision 04.08 for Model AS355 helicopters. The ASBs also specify replacing an MSC if you find a vertical crack 20 millimeters or more in length. The EASA has classified this ASB as mandatory and issued Emergency AD No. 2006-0055-E, dated March 1, 2006, to ensure the continued airworthiness of these helicopters in France. Although EASA's AD allows flight with certain cracks, this AD requires that you replace any cracked MSC with an airworthy MSC. This AD does not allow flight with any cracks on the MSC tapered housing. These helicopter models are manufactured in France 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 agreement. Under this agreement, EASA has kept the FAA informed of the situation described above. We have examined EASA's findings, evaluated all pertinent information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. This unsafe condition is likely to exist or develop on other helicopters of these same type designs. Therefore, we are issuing this AD to detect a crack in the tapered housing of an MSC and to prevent loss of the attachment of the MSC to the nonrotating swash plate (upper attachment yoke), loss of main rotor control, and subsequent loss of control of the helicopter. This AD requires the following actions: • Within 10 hours TIS: ○ Disconnect the MSC from the servo-control distributor and the upper attachment yoke. ○ Cut the safety wire and remove it from the upper ball end of the attachment nut. ○ Loosen the nut to allow lifting of the positioning lock washer so the edge below the washer at the top of the tapered housing is visible around the entire periphery. ○ Visually inspect each MSC tapered housing for a crack using a 10-power or higher magnifying glass pay particular attention to certain areas. ○ Do not modify the length of the visible section of the upper ball end of the MSC. • If you do not find a crack, before further flight: ○ Adjust the tightening torque on the attachment nut on the upper ball end of the MSC to between 177-199 in-lbs (2-2.25 decanewton meters (daN·m)). ○ Reattach the MSC to the servo control distributor and the upper attachment yoke. • If you find any crack (oblique, horizontal, or vertical), before further flight, replace the MSC with an airworthy MSC and adjust the tightening torque of the attachment nut to between 177-199 in-lbs (2-2.25 decanewton meters (daN·m)). One-time adjusting the tightening torque on the upper ball-end attachment nut of a non-cracked MSC or replacing a cracked MSC with an airworthy MSC with proper tightening torque applied to the upper ball-end attachment nut is terminating action for the requirements of this AD. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the controllability or structural integrity of parts installed on the helicopter. Inspecting the MSC tapered housing for a crack is required within 10 hours TIS. If no crack is found, the AD requires adjusting the tightening torque on the attachment nut on the upper ball end of the MSC before further flight. If a crack is found, the AD requires replacing the MSC with an airworthy MSC before further flight, and this AD must be issued immediately. Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days. We estimate that this AD will affect 616 helicopters. We estimate that it will take about 1 hour per helicopter to inspect for a crack and about 4 work hours to replace an MSC at an average labor rate of $80 per work hour. Required parts will cost about $9,000 per MSC. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $5,790,400, assuming 1 MSC is replaced on each helicopter. 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 written data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include “Docket No. FAA-2006-25773; Directorate Identifier 2006-SW-16-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the 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 AD. Using the search function of our docket Web site, you can find and read the comments to any of our dockets, including the name of the individual who sent the comment. 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.* 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 an economic evaluation of the estimated costs to comply with this AD. See the DMS to examine the economic evaluation. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **2006-19-01 Eurocopter:** Amendment 39-14758. Docket No. FAA-2006-25773; Directorate Identifier 2006-SW-16-AD. Applicability Model AS350B, B1, B2, B3, BA, D, and AS355E helicopters, with a main servo control (MSC), all part numbers, installed, on which the tightening torque of the attachment nut that secures the upper ball end has been increased by following MOD 073191 or MET Work Card 67.30.00.402 since Revision 04-06 for the AS350 models and since Revision 04-08 for the AS355 models, but not modified per MOD 073343, certificated in any category. Compliance Required as indicated, unless accomplished previously. To detect a crack in the MSC tapered housing and to prevent loss of the attachment of the MSC to the upper attachment yoke, loss of main rotor control, and subsequent loss of control of the helicopter, do the following:

(a)Within 10 hours time-in-service (TIS):

(1)Disconnect each MSC from the servo-control distributor and the upper attachment yoke.

(2)Cut the safety wire and remove it from the upper ball end of the attachment nut.

(3)Loosen attachment nut “a” shown in Figure 1 of this AD and lift the positioning lock washer under the attachment nut so the edge below the lock washer at the top of the tapered housing is visible around the entire periphery.

(4)Visually inspect each MSC tapered housing for a crack using a 10-power or higher magnifying glass paying particular attention to area “L” and to the edge of the tapered housing located under the lock washer under attachment nut “a” as depicted in Figure 1 of this AD. ER12SE06.022

(5)Do not modify the length of the visible section of the upper ball end of the MSC. Note 1: MET Work Card 67.30.00.402, paragraph 5.2, provides information concerning the positioning of the upper ball end of the MSC.

(b)If you do not find a crack, before further flight:

(1)Adjust the tightening torque on the attachment nut that secures the upper ball end of the MSC to between 177-199 in-lbs (2-2.25 decanewton meters (daN·m)).

(2)Install safety wire and apply sealant to the upper ball end by running a sealant bead on the attachment per the applicable maintenance work card(s).

(3)Reattach the MSC to the servo control distributor and the upper attachment yoke.

(c)If you find any crack (oblique, horizontal, or vertical), before further flight, replace the MSC with an airworthy MSC and adjust the tightening torque of the attachment nut to between 177-199 in-lb (2-2.25 daN·m)). Note 2: Eurocopter ASBs 05.00.51 and 05.00.48 dated February 27, 2006, pertain to the subject of this AD. Note 3: This AD differs from the European ASBs and the EASA AD in that we do not permit flight with known cracks in the MSC tapered housing.

(d)Adjusting the tightening torque on the upper ball-end attachment nut of a non-cracked MSC or replacing a cracked MSC with an airworthy MSC with 177-199 in-lb (2-2.25 daN·m) tightening torque applied to the upper ball-end attachment nut is terminating action for the requirements of this AD.

(e)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Safety Management Group, Rotorcraft Directorate, FAA, ATTN: Uday Garadi, Aviation Safety Engineer, Regulations and Guidance Group, Fort Worth, Texas 76193-0110, telephone

(817)222-5123, fax

(817)222-5961, for information about previously approved alternative methods of compliance.

(f)Special flight permits will not be issued.

(g)This amendment becomes effective on September 27, 2006. Note 4: The subject of this AD is addressed in European Aviation Safety Agency Emergency AD No. 2006-0055-E, dated March 1, 2006. Issued in Fort Worth, Texas, on September 1, 2006. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 06-7560 Filed 9-11-06; 8:45 am]

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