Unknown. Final rule; request for comments

5,234 words·~24 min read·/register/2006/09/14/06-7644·

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-2006-09-14.xml --- 71 178 Thursday, September 14, 2006 Contents Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 54263 E6-15226 Arctic Arctic Research Commission NOTICES Meetings; Sunshine Act, 54265 06-7702 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 54284-54285 E6-15235 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Customs Customs and Border Protection Bureau RULES Freedom of Information Act; implementation:

Confidential commercial information, 54197-54198 E6-15225 Defense Defense Department See Engineers Corps See Navy Department PROPOSED RULES Federal Acquisition Regulation (FAR): Lobbying restrictions; changes, 54255-54260 06-7604 NOTICES Meetings: Missile Defense Advisory Committee, 54275 06-7648 Defense Defense Nuclear Facilities Safety Board NOTICES Senior Executive Service: Performance Review Boards; membership, 54276 E6-15228 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Fernald Site, OH, 54276-54277 E6-15266 Idaho National Laboratory, 54277 E6-15267 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: State Energy Advisory Board, 54277-54278 E6-15233 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Hemet/San Jacinto Integrated Recharge and Recovery Project, CA, 54275 06-7649 EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans:

Preparation, adoption, and submittal— Prevention of significant deterioration and nonattainment new source review; debottlenecking, aggregation, and project netting, 54235-54252 E6-15248 NOTICES Agency information collection activities; proposals, submissions, and approvals, 54278-54282 E6-15250 E6-15253 Meetings: Human Studies Review Board; correction, 54282 E6-15255 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 54282 06-7707 FAA Federal Aviation Administration RULES Airworthiness directives:

Pratt & Whitney Canada, 54195-54197 E6-15139 NOTICES Aeronautical land-use assurance; waivers: Benning Municipal Airport, CA, 54326-54327 06-7631 Brown Field Municipal Airport, CA, 54327 06-7632 Calexico International Airport, CA, 54327-54328 06-7633 Eunice Airport, NM, 54328 06-7659 Agency information collection activities; proposals, submissions, and approvals, 54328-54331 06-7635 06-7639 06-7640 Airport noise compatibility program: Noise exposure maps— Fort Worth Alliance Airport, TX, 54334-54335 06-7660 Air traffic operating and flight rules, etc.:

LaGuardia Airport, NY; operating limitations, 54331-54334 E6-15221 Meetings: RTCA, Inc., 54335 06-7634 FCC Federal Communications Commission RULES Practice and procedure: Application fees schedule, 54204-54234 06-7658 PROPOSED RULES Television broadcasting: Telecommunications Act of 1996; implementation— Broadcast ownership rules; 2006 quadrennial regulatory review; correction, 54253-54255 E6-15246 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale:

Various States, 54202-54204 E6-15260 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* PJM Interconnection, LLC, 54278 E6-15400 FMC Federal Maritime Commission NOTICES Ocean transportation intermediary licenses: Best Freight Bridge et al., 54282-54283 E6-15217 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Parts and accessories necessary for safe operation; exemption applications— Kershaw Fruit & Cold Storage Co., Inc., et al., 54335-54337 E6-15224 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 54283 E6-15243 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Mountain yellow-legged frog, 54344-54386 06-7578 Food Food and Drug Administration RULES Biological Products: Blood vessels recovered with organs and intended for use in organ transplantation; withdrawn, 54198 06-7644 NOTICES Memorandums of understanding: FDA, National Cancer Institute; Federal Investigator Registry of Biomedical Information Research Data (FIREBIRD) implementation, 54285-54290 06-7630 Forest Forest Service NOTICES Meetings:

California Coast Provincial Advisory Committee, 54263-54264 06-7650 Resource Advisory Committees— Hood/Willamette, 54264 06-7651 Olympic Peninsula and Olympic Province Advisory Committee, 54264 06-7655 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Lobbying restrictions; changes, 54255-54260 06-7604 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

American Health Information Community, 54283-54284 06-7657 Health Health Resources and Services Administration RULES Biological Products: Blood vessels recovered with organs and intended for use in organ transplantation; withdrawn, 54198 06-7644 Homeland Homeland Security Department See Customs and Border Protection Bureau See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 54304-54305 E6-15215 Industry Industry and Security Bureau NOTICES Export privileges, action affecting:

Butler, Thomas Campbell, 54265-54266 06-7622 Inspector Inspector General Office, Health and Human Services Department NOTICES Programs exclusions; list, 54290-54294 E6-15237 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping: Circular welded carbon steel pipes and tubes from— Thailand, 54266-54268 E6-15271 Frozen warmwater shrimp from— India; correction, 54268 E6-15279 Thailand, 54268 E6-15269 Heavy-forged hand tools, finished or unfinished, with or without handles from— China, 54269-54272 E6-15277 Silicomanganese from— Various countries, 54272-54273 E6-15280 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau RULES Land resource management:

Disposition; occupancy and use— Alaska occupancy and use; Alaska Native veteran allotments, 54199-54202 06-7661 NOTICES Meetings: California Desert District Advisory Council, 54305 06-7652 Resource Advisory Councils— Idaho Falls, 54305 E6-15234 Realty actions; sales, leases, etc.: Nevada, 54306-54308 E6-15219 New Mexico, 54308 E6-15244 Survey plat filings: Wyoming, 54308-54309 E6-15245 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR):

Lobbying restrictions; changes, 54255-54260 06-7604 NOTICES Meetings: International Space Station Independent Safety Task Force, 54312 E6-15284 NASA Advisory Council, 54312-54313 E6-15272 NIH National Institutes of Health NOTICES Meetings: National Center for Research Resources, 54294 06-7629 National Heart, Lung, and Blood Institute, 54294-54295 06-7626 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 54295 06-7624 National Institute of Dental and Craniofacial Research, 54296-54297 06-7627 06-7628 National Institute of Mental Health, 54295-54296 06-7625 National Institute of Nursing Research, 54295 06-7623 Patent licenses; non-exclusive, exclusive, or partially exclusive:

CellCure A/S, 54297 E6-15216 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Atlantic coastal fisheries cooperative management— Atlantic striped bass, 54261-54262 E6-15262 NOTICES Committees; establishment, renewal, termination, etc.: Atlantic Trawl Gear Take Reduction Team; meeting, 54273-54274 E6-15265 International Commission for the Conservation of Atlantic Tunas, U.S. Section Advisory Committee, 54274-54275 E6-15263 Scientific research permit applications, determinations, etc., 54275 E6-15261 NRCS Natural Resources Conservation Service NOTICES Environmental statements; notice of intent:

Dunloup Creek Watershed, WV, 54264-54265 E6-15249 Navy Navy Department NOTICES Ships available for donation: Test Craft ex-SEA SHADOW and Hughes Mining Barge, 54276 E6-15236 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 54309-54312 06-7662 06-7663 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous materials: Editorial corrections and clarifications, 54388-54398 E6-15282 Postal Postal Service RULES Domestic Mail Manual:

Post office box and caller service termination and denial of service appeals; CFR part removed, 54198-54199 E6-15111 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 54318-54321 E6-15241 E6-15273 International Securities Exchange, Inc., 54321-54323 E6-15268 Municipal Securities Rulemaking Board, 54323-54325 E6-15230 NYSE Arca, Inc., 54316-54318 E6-15229 *Applications, hearings, determinations, etc.:* National Life Insurance Co., et al., 54313-54316 06-7641 State State Department NOTICES Culturally significant objects imported for exhibition:

Royal Collections, 54325 E6-15259 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 54297-54300 E6-15240 E6-15254 Surface Surface Transportation Board NOTICES Rail carriers: Control exemptions— Iron Bull Railroad Co. LLC, 54337 E6-15239 Railroad operation, acquisition, construction, etc.: Union Pacific Railroad Co., 54337 E6-15242 Railroad services abandonment: CSX Transportation, Inc, 54338 E6-15188 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Reports and guidance documents; availability, etc.:

Hawaiian Airlines; request for declaratory order concerning American Samoa service, 54325-54326 06-7645 Treasury Treasury Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 54338-54339 E6-15222 E6-15223 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Temporary protected status program designations; terminations, extentions, etc.: Burundi, 54300-54304 E6-15227 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 54339-54342 E6-15274 E6-15276 E6-15278 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 54344-54386 06-7578 Part III Transportation Department, Pipeline and Hazardous Materials Safety Administration, 54388-54398 E6-15282 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. 71 178 Thursday, September 14, 2006 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23807; Directorate Identifier 2005-NE-51-AD; Amendment 39-14763; AD 2006-19-06] RIN 2120-AA64 Airworthiness Directives;

Pratt & Whitney Canada Turboprop Engines 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 Pratt & Whitney Canada (P&WC) Models PW118, PW118A, PW118B, PW119C, PW120, PW120A, PW121, PW121A, PW123, PW123B, PW123C, PW123D, PW123E, PW124B, PW125B, PW127, and PW127E turboprop engines with certain propeller shafts installed. This AD requires before further flight, replacing certain serial-numbered propeller shafts, and performing initial and repetitive visual inspections on others. This AD results from two reports of through-cracks in the propeller shaft. We are issuing this AD to detect through-cracks in the propeller shaft. Through-cracks at the No. 19 bearing area of the propeller shaft could result in uncontained engine failure and damage to the airplane. DATES: Effective September 29, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of September 29, 2006. We must receive any comments on this AD by November 13, 2006. ADDRESSES: Use one of the following addresses to comment 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 20590-0001. • 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 Pratt & Whitney Canada Corp., 1000, Marie-Victorin, Longueuil, Québec, Canada J4G 1A1; telephone 450-677-9411, for the service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7178; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: Transport Canada, which is the airworthiness authority for Canada, recently notified us that an unsafe condition may exist on certain P&WC turboprop engines. Transport Canada advises that they have received two reports of through-cracks in the No. 19 bearing area of the propeller shaft. Investigation determined the cracks result from hydrogen embrittlement caused by an improper nickel-plating repair process at two different overhaul facilities. A persistent external oil leak in the propeller shaft area, where the crack extended past the oil seal runner, led to finding both events. P&WC has identified the population of propeller shafts with improper nickel-plating repair process. This condition, if not corrected could result in an uncontained engine failure and damage to the airplane. Relevant Service Information We have reviewed and approved the technical contents of P&WC Service Bulletin

(SB)No. PW100-72-21714, Revision 2, dated May 20, 2005. That SB describes procedures for: • Inspecting the propeller shaft seal area for leaks, • Fluorescent-penetrant inspecting the internal areas of the propeller shaft, and • Replacing the propeller shaft. Transport Canada issued AD CF-2005-29, dated September 12, 2005, to ensure the airworthiness of these P&WC engines in Canada. Bilateral Airworthiness Agreement These engine models are manufactured in Canada and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Under this bilateral airworthiness agreement, Transport Canada kept the FAA informed of the situation described above. We have examined the findings of Transport Canada, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. FAA's Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other P&WC Models PW118, PW118A, PW118B, PW119C, PW120, PW120A, PW121, PW121A, PW123, PW123B, PW123C, PW123D, PW123E, PW124B, PW125B, PW127, and PW127E turboprop engines of the same type design. We are issuing this AD to detect through-cracks in the propeller shaft. Through-cracks in the No. 19 bearing area of the propeller shaft could result in an uncontained engine failure and damage to the airplane. This AD requires: • Before further flight, replacing any propeller shaft that has a serial number

(SN)listed in Table 1, Table 2, or Table 3 of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005, and • Within two days after the effective date of this AD, performing an initial visual inspection of any propeller shaft that has a SN listed in Table 4 of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005, and • Thereafter, performing a repetitive visual inspection at an interval not to exceed 7 days since last inspection, and • Within 250 hours time-in-service, but not to exceed three months after the effective date of this AD, performing a fluorescent penetrant inspection on the internal surface of any propeller shaft that has a SN listed in Table 4 of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005, and • Removing any propeller shaft that has a SN listed in Table 4 of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005, before December 31, 2007. You must use the service information described previously to perform the actions required by this AD. FAA's Determination of the Effective Date Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to send us any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES . Include “AD Docket No. FAA-2006-23807; Directorate Identifier 2005-NE-51-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule 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 the DMS 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.). Examining the AD Docket You may examine the docket that contains the AD, any comments received, and any final disposition in person at the Docket Management Facility Docket 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 ADDRESSES . Comments will be available in the AD docket shortly after the DMS 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 summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “AD Docket No. FAA-2006-23807; Directorate Identifier 2005-E-51-AD” in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2006 19-06 Pratt & Whitney Canada:** Amendment 39-14763. Docket No. FAA-2006-23807; Directorate Identifier 2005-NE-51-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective September 29, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Pratt & Whitney Canada (P&WC) Models PW118, PW118A, PW118B, PW119C, PW120, PW120A, PW121, PW121A, PW123, PW123B, PW123C, PW123D, PW123E, PW124B, PW125B, PW127, and PW127E turboprop engines with certain propeller shafts installed. These engines are installed on, but not limited to, Aerospatiale ATR 42 and ATR 72 series, Bombardier DHC-8-100, -200, and -300 series, Dornier 328-120 series, Embraer EMB 120 series, and Fokker 50 airplanes. Unsafe Condition

(d)This AD results from two reports of through-cracks in the propeller shaft. We are issuing this AD to detect through-cracks in the propeller shaft. Through-cracks at the No. 19 bearing area of the propeller shaft could result in uncontained engine failure and damage to 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. Remove Propeller Shafts From Service

(f)Before further flight, remove from service any propeller shaft that has a serial number

(SN)listed in Table 1, Table 2, or Table 3 of P&WC Service Bulletin

(SB)No. PW100-72-21714, Revision 2, dated May 20, 2005.

(g)After the effective date of this AD, do not install any propeller shaft that has a SN listed in Table 1, Table 2, or Table 3 of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005. Visual Inspection

(h)For all propeller shafts that have a SN listed in Table 4 of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005, do the following within two days after the effective date of this AD:

(1)Perform a visual inspection for leaks. Use 3.A.(1) through 3.A.(2) of the Accomplishment Instructions of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005.

(2)If you find a leak that you cannot fix without removing the propeller, perform an internal fluorescent penetrant inspection for cracks. Use 3.B.(1) through 3.B.(11)(h) of the Accomplishment Instructions of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005.

(3)If you find a crack, replace the propeller shaft before further flight. Repetitive Visual Inspection

(i)Thereafter, repeat the inspections of paragraphs (h)(1) through (h)(2) of this AD at not greater than 7 days between inspections. Internal Fluorescent Penetrant Inspection

(j)For all propeller shafts that have a SN listed in Table 4 of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005, do the following within 250 hours time-in-service or 3 months, whichever is earlier, after the effective date of this AD:

(1)Perform an internal fluorescent penetrant inspection for cracks on all propeller shafts that have a SN listed in Table 4 of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005. Use 3.B.(1) through 3.B.(11)(h) of the Accomplishment Instructions of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005.

(2)If you find a crack, replace the propeller shaft before further flight. Terminating Actions

(k)Replace any propeller shaft that has a SN listed in Table 4 of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005, by December 31, 2007.

(l)Replacing a propeller shaft with a propeller shaft that doesn't have a SN listed in Table 4 of P&WC SB No. PW100-72-21714, Revision 2, dated May 20, 2005, terminates the repetitive inspection requirements in paragraph

(i)of this AD. Alternative Methods of Compliance

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

(n)Transport Canada airworthiness directive No. CF-2005-29, dated August 3, 2005, also addresses the subject of this AD. Material Incorporated by Reference

(o)You must use Pratt & Whitney Canada Service Bulletin No. PW100-72-21714, Revision 2, dated May 20, 2005 to perform the actions required by this AD. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Pratt & Whitney Canada Corp., 1000, Marie-Victorin, Longueuil, Québec, Canada J4G 1A1; telephone 450-677-9411, for a copy of this service information. You may review copies at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Burlington, Massachusetts, on September 6, 2006. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6-15139 Filed 9-13-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection 19 CFR Part 103 [CBP Dec. 06-24] RIN 1651-AA47 Confidentiality of Commercial Information AGENCY: Customs and Border Protection, Homeland Security. ACTION: Final rule. SUMMARY: This document finalizes, without change, the interim rule published on August 11, 2003, as CBP Decision 03-02, adopting for Customs and Border Protection (CBP), as a component of the Department of Homeland Security, the disclosure procedures that CBP had historically followed as the Customs Service in the Department of the Treasury regarding commercial information that was provided to the agency by a business submitter. EFFECTIVE DATE: October 16, 2006. FOR FURTHER INFORMATION CONTACT: Gregory R. Vilders, Office of Regulations and Rulings,

(202)572-8772. SUPPLEMENTARY INFORMATION: Background The CBP regulations regarding information requested pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, are set forth in Part 103 of title 19 of the Code of Federal Regulations (19 CFR Part 103). These regulations were the regulations of the former U.S. Customs Service (Customs). As a component of Treasury, Customs supplemented its regulations with the Treasury regulations (found at 31 CFR Part 1) regarding public access to records. Section 1.6 of the Treasury regulations (31 CFR 1.6) concerns the treatment of information denominated as “business information.” This section provides that such information provided to the Treasury by a “business submitter” shall not be disclosed pursuant to a FOIA request except in accordance with the provisions of the section. Part 103 of the CBP regulations did not have a similar provision, and Customs had followed Treasury's disclosure procedure set forth in 31 CFR 1.6 since it was promulgated in 1987. Pursuant to the Treasury regulation, Customs did not require business submitters to designate information as protected from disclosure as privileged or confidential under exemption 4 of the FOIA (5 U.S.C. 552(b)(4)) in order for the agency to not disclose such “commercial information,” defined as trade secrets or commercial or financial information obtained from a person and privileged or confidential. For example, Customs routinely considered commercial information appearing on entry documents as confidential and privileged under exemption 4, and did not require business submitters to respond to a notice from Customs with a written detailed statement specifying the reasons for the claim of confidentiality. On March 1, 2003, Customs was transferred from Treasury to the Department of Homeland Security (DHS). Pub. L. 107-296, 6 U.S.C. 133, 116 Stat. 2135. DHS published its disclosure of information procedures in an interim rule published in the **Federal Register** (68 FR 4055) on January 27, 2003. Under this rule, established at 6 CFR, Chapter I, Part 5, the DHS FOIA provisions apply to all Treasury components transferred to DHS, except to the extent that such component has adopted separate guidance under the FOIA (6 CFR 5.1(a)(2)). The DHS FOIA regulation at 6 CFR 5.8(c) provides that a submitter of business information will use good faith efforts to designate, by appropriate markings, either at the time of submission or at a reasonable time thereafter, any portions of its submission that it considers to be protected from disclosure under exemption 4 of the FOIA. The regulations also state that, before business information will be released, notice will be provided to business submitters whenever

(1)a FOIA request is made that seeks the business information that has been designated in good-faith as confidential, or

(2)the DHS component agency has a reason to believe that the information may be protected from disclosure. When notice is provided by the agency, the submitter is required to submit a detailed written statement specifying the grounds for withholding any portion of the information and show why the information is a trade secret or commercial or financial information that is privileged or confidential. Because CBP wished to continue its practice of not requiring business submitters of commercial information to designate such information as protected from disclosure, it published an interim rule in the **Federal Register** (68 FR 47453) on August 11, 2003, as CBP Decision 03-02 that amended Part 103 of the CBP regulations by adding a new § 103.35 to subpart C. New § 103.35 adopted Treasury's established disclosure procedure that had been followed by Customs since 1987 to assure the trading community that the transfer of Customs from Treasury to DHS would not affect the treatment of commercial information that business submitters provide to CBP. The comment period for the interim regulations closed on October 10, 2003. No comments were received from the public in response to the interim rule, and CBP is now adopting the interim rule as a final rule without change. Signing Authority This final rule is being issued in accordance with 19 CFR 0.2(a) pertaining to the authority of the Secretary of the Department of Homeland Security, or his or her designee, to issue Customs regulations that are not related to customs revenue functions. Regulatory Flexibility Act and Executive Order 12866 As discussed above, these regulations were published as an interim rule on August 11, 2003. Because no notice of proposed rulemaking was required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. Further, this document does not meet the criteria for a “significant regulatory action” as specified in Executive Order 12866. List of Subjects in 19 CFR Part 103 Administrative practice and procedure, Confidential commercial information, Freedom of Information, Reporting and recordkeeping requirements. Amendments to the Regulations For the reasons set forth above, the interim rule amending part 103 of title 19 of the Code of Federal Regulations (19 CFR part 103), which was published in the **Federal Register** at 68 FR 47453 on August 11, 2003, is adopted as a final rule without change. Dated: September 8, 2006. Deborah J. Spero, Acting Commissioner, Customs and Border Protection. [FR Doc. E6-15225 Filed 9-13-06; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 1271 [Docket No. 2006N-0051] Health Resources and Services Administration 42 CFR Part 121 Blood Vessels Recovered With Organs and Intended for Use in Organ Transplantation; Withdrawal AGENCIES: Food and Drug Administration, Health Resources and Services Administration, HHS. ACTION: Direct final rule; withdrawal. SUMMARY: The Health Resources and Services Administration

(HRSA)and the Food and Drug Administration

(FDA)published in the **Federal Register** of May 12, 2006 (71 FR 27606), a direct final rule to amend the regulations to consider as part of an organ those blood vessels recovered with the organ that are intended for use in organ transplantation; and to exclude such blood vessels from the definition of human cells, tissues, and cellular and tissue-based products. The comment period closed July 26, 2006. HRSA and FDA are withdrawing the direct final rule because FDA received significant adverse comment. The agencies will consider the comments received under our usual procedures for notice and comment in connection with the notice of proposed rulemaking that was published as a companion to the direct final rule (71 FR 27649). DATES: The direct final rule published on May 12, 2006 (71 FR 27606), is withdrawn effective September 14, 2006. FOR FURTHER INFORMATION CONTACT: *For information regarding FDA's rule:* Pamela Pope, Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448, 301-827-6210. *For information regarding HRSA's rule* : Jim Burdick, Division of Transplantation, Healthcare Systems Bureau, Health Resources and Services Administration, 5600 Fishers Lane, room 12C-06, Rockville, MD 20857, 301-443-7577. SUPPLEMENTARY INFORMATION: HRSA and FDA published a direct final rule in the **Federal Register** of May 12, 2006 (71 FR 27606), to amend the regulations to consider as part of an organ those blood vessels recovered with the organ that are intended for use in organ transplantation (HRSA regulation); and to exclude such blood vessels from the definition of human cells, tissues, and cellular and tissue-based products (FDA regulation). HRSA and FDA received significant adverse comment in response to the direct final rule. Therefore, the direct final rule is being withdrawn. HRSA and FDA intend to finalize the proposed rule after considering comments. **Authority:** Therefore, under the Public Health Service Act and under authority delegated to the Commissioner of Food and Drugs and to the Administrator, Health Resources and Services Administration, the direct final rule published on May 12, 2006 (71 FR 27606), is withdrawn. Dated: September 6, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 06-7644 Filed 9-13-06; 8:45 am]

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Traces to 9 documents

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