Unknown. Notice of Continuance Referendum Results

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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-2006-10-10.xml --- 71 195 Tuesday, October 10, 2006 Contents AID Agency for International Development NOTICES Meetings: Voluntary Foreign Aid Advisory Committee, 59426 E6-16629 Agricultural Agricultural Marketing Service RULES Blueberry promotion, research, and information order; continuance referendum, 59363 E6-16636 NOTICES Agency information collection activities; proposals, submissions, and approvals, 59427-59428 E6-16634 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 59426 E6-16637 Army Army Department See Engineers Corps NOTICES Reports and guidance documents; availability, etc.:

Surface deployment and distribution command policy TR-12; fuel related rate adjustment policy, 59496-59498 E6-16685 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 59429-59430 E6-16618 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 59510-59511 06-8556 Coast Guard Coast Guard RULES Drawbridge operations:

New Jersey, 59381-59383 E6-16426 NOTICES Meetings: Navigation Safety Advisory Council, 59512-59513 E6-16667 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Technical Information Service NOTICES Privacy Act; systems of records, 59429 E6-16693 Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 59448 06-8542 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 59587-59589 E6-16665 06-8571 Defense Defense Department See Army Department See Engineers Corps RULES Personnel, military and civilian:

Debts resulting from erroneous payments of pay and allowances; waiver, 59374-59380 E6-16649 PROPOSED RULES Personnel, military and civilian: Armed Forces members serving on State or local juries, 59411-59413 E6-16643 NOTICES Arms sales notification; transmittal letter, etc., 59448-59495 06-8548 06-8549 06-8550 06-8551 06-8552 06-8553 06-8554 06-8555 Privacy Act; systems of records, 59495-59496 E6-16672 Reports and guidance documents; availability, etc.: Uniform allowances; higher initial maximum rate; police personnel, 59496 06-8547 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program:

Residential central air conditioners and heat pumps; test procedure Correction, 59410-59411 E6-16648 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: North Topsail Beach, NC; shoreline nourishment, 59498-59499 06-8562 San Diego County, CA; carryover storage and San Vicente Dam Raise Project, 59499-59501 E6-16590 EPA Environmental Protection Agency RULES Air pollution control: State operating permits programs— Missouri; correction, 59383-59385 E6-16700 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Maryland, 59413-59425 E6-16653 E6-16654 NOTICES Meetings: Good Neighbor Environmental Board, 59503-59504 E6-16650 Water pollution control: Total maximum daily loads— Louisiana, 59504-59506 E6-16652 Oklahoma, 59504 E6-16651 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 59506 06-8565 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Reports and guidance documents; availability, etc.:

Recognition and measurement of asbestos-related cleanup costs, 59506 06-8546 FAA Federal Aviation Administration RULES Air carrier certification and operations: Child restraint systems; additional types that may be furnished and used on aircraft Correction, 59373-59374 E6-16622 Airworthiness directives: Boeing, 59368-59372 E6-16553 Fuji Heavy Industries, Ltd., 59366-59368 E6-16354 Raytheon, 59363-59366 E6-16552 Class E airspace, 59372-59373 06-8523 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:

South Dakota, 59398-59400 E6-16660 Various States, 59385-59398 E6-16659 NOTICES Disaster and emergency areas: Arizona, 59513 E6-16657 Disaster assistance: Countywide per capita impact indicator, 59513 E6-16661 Disaster grant amounts adjustment, 59513-59514 E6-16662 Individuals and Households Program; maximum amounts for assistance, 59514 E6-16658 Statewide per capita impact indicator, 59514 E6-16656 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 59502 E6-16621 Off-the-record communications, 59502-59503 E6-16619 *Applications, hearings, determinations, etc.:* ANR Storage Co., 59501 E6-16620 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.:

Chesapeake & Indiana Railroad Co., 59580 E6-16695 Southeastern Pennsylvania Transportation Authority, 59580-59581 E6-16696 Union Pacific Railroad Co., 59581 E6-16708 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 59507-59510 06-8572 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Omeprazole, 59374 E6-16604 NOTICES Meetings: Sex Differences and FDA Critical Path Initiative; workshop, 59511 E6-16605 Forest Forest Service NOTICES Environmental statements; notice of intent:

Eldorado National Forest, CA, 59428-59429 06-8557 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration NOTICES Meetings: American Health Information Community, 59510 06-8541 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Senior Executive Service Performance Review Board; membership, 59511-59512 E6-16673 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 59514-59515 E6-16616 Grant and cooperative agreement awards:

Resident Opportunity and Self-Sufficiency Programs, 59515-59520 E6-16617 Interior Interior Department See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping: Canned pineapple fruit from— Thailand, 59430-59432 E6-16815 Freshwater crawfish tail meat from— China, 59432-59440 E6-16677 Steel concrete reinforcing bar from— Korea, 59440-59447 E6-16678 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 59524 E6-16623 Labor Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 59524-59525 E6-16633 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Eastern Montana, 59520-59521 E6-16669 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 59525-59526 E6-16642 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 59526-59527 E6-16639 E6-16640 National Highway National Highway Traffic Safety Administration RULES Motor vehicle theft prevention standards: Passenger motor vehicle theft data (2004 CY), 59400-59405 E6-16687 NOTICES Motor vehicle safety standards:

Global technical regulations; recommendations under United Nations/Economic Commission for Europe 1988 Global Agreement; comment request, 59582-59587 E6-16681 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 59406-59407 E6-16675 Pacific ocean perch, 59406 06-8570 Pollock, 59407-59409 E6-16674 West Coast States and Western Pacific fisheries— Groundfish, 59405-59406 E6-16676 NOTICES Meetings:

New England Fishery Management Council, 59447 E6-16638 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 59521-59522 06-8564 Environmental statements; availability, etc.: Abraham Lincoln Birthplace National Historic Site; general management plan, 59522 E6-16686 Olympic National Park, WA; general management plan, 59522 E6-16664 Environmental statements; record of decision: Pea Ridge National Military Park, AK; general management plan, 59523 E6-16688 Reports and guidance documents; availability, etc.:

Big Thicket National Preserve, TX; plan of operations, categorical exclusion, 59523 E6-16689 National Science National Science Foundation NOTICES Senior Executive Service Performance Review Board; membership, 59527-59528 06-8540 National Technical National Technical Information Service NOTICES Committees; establishment, renewal, termination, etc.: National Technical Information Service Advisory Committee, 59447-59448 06-8567 Meetings: National Technical Information Service Advisory Board, 59448 06-8566 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Union Carbide Corp., 59528-59529 E6-16647 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 59529-59538 E6-16560 Privacy Act; systems of records, 59614-59648 E6-16557 Reactor Oversight Process; implementation; comment request, 59539-59540 E6-16641 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents PROCLAMATIONS *Special observances:* Leif Erikson Day (Proc. 8063), 59361 06-8610 Reclamation Reclamation Bureau NOTICES Meetings:

Managing for Excellence Project, 59523-59524 06-8539 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 59544-59545 E6-16624 E6-16646 Securities: Suspension of trading— Pretory USA, Inc., 59545 06-8597 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 59546-59562 E6-16628 E6-16630 Boston Stock Exchange, Inc., 59562-59563 E6-16645 Chicago Stock Exchange, Inc., 59563-59573 E6-16626 National Association of Securities Dealers, Inc., 59573-59575 E6-16644 NYSE Arca, Inc., 59576-59577 E6-16625 Philadelphia Stock Exchange, Inc, 59577-59579 E6-16631 SBA Small Business Administration PROPOSED RULES Business loans:

Lender examination and review fees, 59411 E6-16750 NOTICES Disaster loan areas: New Mexico, 59579 E6-16627 New York, 59579-59580 E6-16632 State State Department NOTICES Meetings: International Telecommunication Advisory Committee, 59580 E6-16655 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Surface coal mining and reclamation operations: Ownership, control, transfer, assignment or sale of permit rights, 59592-59612 E6-16575 Trade Trade Representative, Office of United States NOTICES World Trade Organization:

Dispute settlement panel proceedings— China; Measures affecting imports of automobile parts, 59543-59544 E6-16694 Thailand; antidumping measures on shrimp, 59542-59543 E6-16692 United States; subsidies to upland cotton, 59541-59542 E6-16682 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency Separate Parts In This Issue Part II Interior Department, Surface Mining Reclamation and Enforcement Office, 59592-59612 E6-16575 Part III Nuclear Regulatory Commission, 59614-59648 E6-16557 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. 71 195 Tuesday, October 10, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1218 [Doc. No. FV-06-705-Notice] Blueberry Promotion, Research, and Information Order; Results of Continuance Referendum AGENCY:

Agricultural Marketing Service, USDA. ACTION: Notice of Continuance Referendum Results. SUMMARY: The Agricultural Marketing Service's Continuance Referendum shows that cultivated blueberry producers and importers favor the continuation of the Blueberry Promotion, Research, and Information Order (Order). The Continuance Referendum was held from August 1, 2006, through August 22, 2006. The Department of Agriculture (Department) will continue the Order if it is favored by a majority of producers and importers voting, who also represent a majority of the volume of blueberries represented in the referendum.

The results of the continuance referendum shows 86.9%

(293)of producers and importers, who also represent 93.9% (100,685,843 pounds) of the volume of blueberries represented in the referendum, favor the continuance of the Order. FOR FURTHER INFORMATION CONTACT: Deborah S. Simmons, Research and Promotion Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, USDA, Stop 0244, Room 0635-S, 1400 Independence Avenue, SW., Washington, DC 20250-0244, telephone 888-720-9917 (toll free), Fax 202-205-2800, e-mail *deborah.simmons@usda.gov.* SUPPLEMENTARY INFORMATION: Pursuant to the Commodity Promotion, Research, and Information Act of 1996 [Pub. L. 104-427, 7 U.S.C. 7401-7425] (Act), a referendum is to be conducted not later than seven years after assessments first begin under an order to ascertain whether continuance of the Order is favored by producers and importers of blueberries. The Order is authorized under the Act. The initial referendum was conducted during the period of March 13 through April 14, 2000. The final results of the initial referendum were that 67.84 percent of the voters in the referendum favored implementation of the Order. Those voting in favor represented 73.15 percent of the volume represented in the referendum. Therefore, the Order became effective July 17, 2000. Under section 1218.71 of the Order, the Department is authorized to conduct a referendum every five years or when 10 percent or more of the eligible voters petition the Secretary of Agriculture to hold a referendum to determine if persons subject to assessment favor continuance of the Order. The Department would continue the Order if continuance of the Order is approved by a majority of the producers and importers voting in the referendum who also represent a majority of the volume of blueberries produced or imported during the representative period determined by the Secretary. A notice of a Continuance Referendum was publicized in the **Federal Register** on May 26, 2006, at 71 FR 30317. Blueberry producers and importers who were engaged in the production or importation of blueberries and paid assessments during the representative period between November 1, 2004, and October 31, 2005, were eligible to vote. Persons who received an exemption from assessments for the entire representative period were ineligible to vote. The referendum was conducted by mail from August 1, 2006, through August 22, 2006. The results of the continuance referendum shows 86.9%

(293)of producers and importers, who also represent 93.9% (100,685,843 pounds) of the volume of blueberries represented in the referendum, favor the continuance of the Order. This is a majority of producers and importers, who also represent a majority of the volume of blueberries represented in the referendum. Therefore, based on the Continuance Referendum results, the Order shall continue. In accordance with the provisions of the Order, blueberry producers and importers will be provided another opportunity to participate in a continuance referendum in five years. Authority: 7 U.S.C. 7401-7425. Dated: October 3, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-16636 Filed 10-6-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26004; Directorate Identifier 2006-NM-212-AD; Amendment 39-14785; AD 2006-21-02] RIN 2120-AA64 Airworthiness Directives; Raytheon (Beech) Model 400, 400A, and 400T Series Airplanes; and Raytheon (Mitsubishi) Model MU-300 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all Raytheon (Beech) Model 400, 400A, and 400T series airplanes; and Raytheon (Mitsubishi) Model MU-300 airplanes. This AD requires revising the airplane flight manual to modify the Operating Limitations, Abnormal Procedures, and Normal Procedures, as applicable, for flight in icing conditions. This AD results from multiple reports of high-altitude, dual-engine flameouts on airplanes operating in certain meteorological conditions. We are issuing this AD to advise the flightcrew that the buildup of ice on certain internal areas of the engine could result in a dual-engine flameout and what action they must take to avoid this hazard. DATES: This AD becomes effective October 25, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of October 25, 2006. We must receive comments on this AD by December 11, 2006. ADDRESSES: Use one of the following addresses to submit comments on this AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC 20590. • Fax:

(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Raytheon Aircraft Company, Department 62, P.O. Box 85, Wichita, Kansas 67201-0085, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Steve Roell, Aerospace Engineer, Flight Test and Program Management Branch, ACE-117W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone

(316)946-4146; fax

(316)946-4107. SUPPLEMENTARY INFORMATION: Discussion We have received a report that, on June 14, 2006, a Raytheon Model 400A (Beechjet 400A) airplane lost all power while in cruise flight near Norfolk, Virginia. Both engines restarted and the airplane landed without further incident. The pilots reported that the airplane was in clouds at the time of the incident. Due to concern about entering a cloud deck, the pilots decided to turn on the engine anti-ice. The pilots followed the instruction in the airplane flight manual

(AFM)to reduce power before activating anti-ice. Both engines flamed out simultaneously as soon as they retarded the throttles but before they could turn on the engine anti-ice. We have also received other reports of engine failure on Model Raytheon 400A (Beechjet 400A) airplanes operating in certain meteorological conditions. Further analysis by the engine manufacturer demonstrated that, with engine anti-ice off, conditions along the engine internal flow path can allow ice crystals to stick on warm surfaces and accrete rapidly in areas like the leading edges of the front inner compressor stator of the engine. The resulting ice buildup could result in a compressor surge or flameout and consequent loss of engine power. This condition, if not corrected, could result in a dual-engine flameout. Relevant Service Information We have reviewed the Raytheon temporary changes (TCs), all dated September 15, 2006, to the AFMs specified in the following table. The TCs describe revisions to the AFMs to modify the Operating Limitations, Abnormal Procedures, and Normal Procedures, as applicable, for flight in icing conditions. Accomplishing the revisions to the AFMs as specified in the TCs is intended to adequately address the unsafe condition. Raytheon Temporary Changes For Raytheon airplane model— Use Raytheon TC— Subject title— To the Raytheon AFM— MU-300 (Diamond I) MR-0460TC5 In Flight Operation of Ice Protection Systems MR-0460 MU-300 (Diamond IA) MR-0873TC5 In Flight Operation of Ice Protection Systems MR-0873 400 (Beechjet 400) 128-590001-13BTC6 Anti/Deice Systems (In Flight Operation) 128-590001-13B 400A (Beechjet 400A) 128-590001-91TC12 Anti/Deice Systems (In Flight Operation) 128-590001-91 400A (Beechjet 400A) 128-590001-95TC13 Anti/Deice Systems (In Flight Operation) 128-590001-95 400A (Beechjet 400A) 128-590001-107TC11 Anti/Deice Systems (In Flight Operation) 128-590001-107 400A (Beechjet 400A) 128-590001-109TC12 Anti/Deice Systems (In Flight Operation) 128-590001-109 400A (Beechjet 400A), Hawker 400XP (Model 400A) 128-590001-167TC18 Anti/Deice Systems (In Flight Operation) 128-590001-167 400A (Beechjet 400A) 128-590001-169TC9 Anti/Deice Systems (In Flight Operation) 128-590001-169 400T (Beechjet 400T) 132-590002-5TC4 Anti/Deice Systems (In Flight Operation) 132-590002-5 400T (Beechjet 400T (TX)) 134-590002-1TC4 Anti/Deice Systems (In Flight Operation) 134-590002-1B1 FAA's Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other airplanes of the same type design. For this reason, we are issuing this AD to advise the flightcrew that the buildup of ice on certain internal areas of the engine could result in a dual-engine flameout and what action they must take to avoid this hazard. This AD requires accomplishing the actions specified in the service information described previously. 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 to make this AD effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include “Docket No. FAA-2006-26004; Directorate Identifier 2006-NM-212-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-21-02 Raytheon Aircraft Company (Formerly Beech):** Amendment 39-14785. Docket No. FAA-2006-26004; Directorate Identifier 2006-NM-212-AD. Effective Date

(a)This AD becomes effective October 25, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to all Raytheon (Beech) Model 400, 400A, and 400T series airplanes; and Raytheon (Mitsubishi) Model MU-300 airplanes; certificated in any category. Unsafe Condition

(d)This AD results from multiple reports of high-altitude, dual-engine flameout on airplanes operating in certain meteorological conditions. We are issuing this AD to advise the flightcrew that the buildup of ice on certain internal areas of the engine could result in a dual-engine flameout and what action they must take to avoid this hazard. 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. Revisions to the Airplane Flight Manual

(f)Within 7 days after the effective date of this AD, revise the Operating Limitations, Abnormal Procedures, and Normal Procedures sections, as applicable, of the applicable AFM to include the information in the Raytheon temporary changes (TCs), all dated September 15, 2006, as specified in Table 1 of this AD. Note 1: The actions required by paragraph

(f)of this AD may be done by inserting a copy of the applicable TC into the applicable AFM. When the information in the applicable TC has been included in the AFM, the general revisions may be inserted in the AFM and the copy of the applicable TC may be removed, provided the relevant information in the general revisions is identical to that in the applicable TC. Table 1.—Temporary Changes For Raytheon airplane model— Which is identified in the Raytheon TC as— Use Raytheon TC— Subject Title— To the Raytheon AFM— MU-300 MU-300 Diamond I MR-0460TC5 In Flight Operation of Ice Protection Systems MR-0460 MU-300 MU-300 Diamond IA MR-0873TC5 In Flight Operation of Ice Protection Systems MR-0873 400 Beechjet 400 128-590001-13BTC6 Anti/Deice Systems (In Flight Operation) 128-590001-13B 400A Beechjet (Model 400A) 128-590001-91TC12 Anti/Deice Systems (In Flight Operation) 128-590001-91 400A Beechjet (Model 400A) 128-590001-95TC13 Anti/Deice Systems (In Flight Operation) 128-590001-95 400A Beechjet (Model 400A) 128-590001-107TC11 Anti/Deice Systems (In Flight Operation) 128-590001-107 400A Beechjet (Model 400A) 128-590001-109TC12 Anti/Deice Systems (In Flight Operation) 128-590001-109 400A Beechjet (Model 400A), Hawker 400XP (Model 400A) 128-590001-167TC18 Anti/Deice Systems (In Flight Operation) 128-590001-167 400A Beechjet (Model 400A) 128-590001-169TC9 Anti/Deice Systems (In Flight Operation) 128-590001-169 400T Beechjet (Model 400T) 132-590002-5TC4 Anti/Deice Systems (In Flight Operation) 132-590002-5 400T Beechjet Model 400T

(TX)134-590002-1TC4 Anti/Deice Systems (In Flight Operation) 134-590002-1B1 Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Wichita Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Material Incorporated by Reference

(h)You must use the service information specified in Table 2 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Raytheon Aircraft Company, Department 62, P.O. Box 85, Wichita, Kansas 67201-0085, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Table 2.—Material Incorporated by Reference Raytheon temporary change— Dated— To the Raytheon airplane flight manual— 128-590001-107TC11 September 15, 2006 128-590001-107 128-590001-109TC12 September 15, 2006 128-590001-109 128-590001-13BTC6 September 15, 2006 128-590001-13B 128-590001-167TC18 September 15, 2006 128-590001-167 128-590001-169TC9 September 15, 2006 128-590001-169 128-590001-91TC12 September 15, 2006 128-590001-91 128-590001-95TC13 September 15, 2006 128-590001-95 132-590002-5TC4 September 15, 2006 132-590002-5 134-590002-1TC4 September 15, 2006 134-590002-1B1 MR-0460TC5 September 15, 2006 MR-0460 MR-0873TC5 September 15, 2006 MR-0873 Issued in Renton, Washington, on September 29, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-16552 Filed 10-6-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25259; Directorate Identifier 2006-CE-36-AD; Amendment 39-14783; AD 2006-20-13] RIN 2120-AA64 Airworthiness Directives; Fuji Heavy Industries, Ltd. FA-200 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

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

(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. We are issuing this AD to require actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective November 14, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 14, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, Small Airplane Directorate, FAA, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4059; fax:

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

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on August 9, 2006 (71 FR 45449). That NPRM proposed to require creation of inspection holes, corrosion inspection of the flange of the wing spar, repair of corrosion if necessary, and removal of the sealing compound. Comments We gave the public the opportunity to participate in developing this AD. We have considered the comments received. Jack Buster with the Modification and Replacement Parts Association (MARPA) provides comments on the MCAI AD process pertaining to how the FAA addresses publishing manufacturer service information as part of a proposed AD action. The commenter states that the proposed rule attempts to require compliance with a public law by reference to a private writing (as referenced in paragraph

(e)of the proposed AD). The commenter would like the FAA to incorporate by reference

(IBR)the Fuji service bulletin. We agree with Mr. Buster. However, we do not IBR any document in a proposed AD action, instead we IBR the document in the final rule. Since we are issuing the proposal as a final rule AD action, Fuji Heavy Industries, Ltd.

(FHI)Service Bulletin No. 200-015, dated February 28, 2006, is incorporated by reference. Mr. Buster requests IBR documents be made available to the public by publication in the **Federal Register** or in the Docket Management System (DMS). We are currently reviewing issues surrounding the posting of service bulletins in the Department of Transportation's DMS as part of the AD docket. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. Conclusion We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable in a U.S. court of law. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements, if any, take precedence over the actions copied from the MCAI. Costs of Compliance We estimate that this AD will affect 3 products of U.S. registry. We also estimate that it will take about 128 work-hours per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $100 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $31,020, or $10,340 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2006-20-13 Fuji Heavy Industries, Ltd.** : Amendment 39-14783 Docket No. FAA-2006-25259; Directorate Identifier 2006-CE-36-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective November 14, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to all FA-200 series airplanes, certificated in any U.S. category. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states that the aircraft manufacturer has identified field reports indicating corrosion of the flanges of the main wing spars. If not corrected, the corrosion could cause deterioration of wing strength. The MCAI requires creation of inspection holes, corrosion inspection of the flange of the wing spar, repair of corrosion if necessary and removal of the sealing compound. You may obtain further information by examining the MCAI in the docket. Actions and Compliance

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

(f)below.

(1)Within 1 year after the effective date of this AD, carry out creation of inspection holes, corrosion inspection of the flange of the wing spar, repair of corrosion if necessary, and removal of the sealing compound in accordance with Fuji Heavy Industries, Ltd.

(FHI)Service Bulletin

(SB)No. 200-015, dated February 28, 2006.

(2)Repetitively inspect the flange of the wing spar for corrosion at intervals not to exceed 5 years. Before further flight, repair corrosion, if necessary, in accordance with the SB. FAA AD Differences

(f)The SB calls out contacting Fuji Heavy Industries Ltd. for a structural integrity evaluation if measured thickness exceeds minimum allowable limits or if corrosion is found on main spar flange in areas other than fuel tank bay. Per paragraph (g)(2) of this AD, any corrective action in this aspect or any other aspect per this AD must be FAA-approved before returning the airplane to service. Other FAA AD Provisions

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

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

(816)329-4059; fax:

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

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

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

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

(h)This AD is related to Japan Civil Aviation Bureau AD TCD-6832-2006, Date of Issue: April 10, 2006, which references Fuji Heavy Industries Ltd. SB No. 200-015, dated February 28, 2006. Material Incorporated by Reference

(i)You must use Fuji Heavy Industries Ltd. SB No. 200-015, dated February 28, 2006, to do the actions required by this AD, unless the AD specifies otherwise.

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

(2)For service information identified in this AD, contact Fuji Heavy Industries, Ltd., AEROSPACE COMPANY, 1-11 YOUNAN 1 CHOME UTSUNOMIYA TOCHIGI, JAPAN 320-8564; telephone: +81-28-684-7253; facsimile: +81-28-684-7260.

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri, on September 27, 2006. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-16354 Filed 10-6-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23815; Directorate Identifier 2005-NM-222-AD; Amendment 39-14784; AD 2006-21-01] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all Boeing Model 737 airplanes. This AD requires repetitive measurement of the freeplay of both aileron balance tabs; repetitive lubrication of the aileron balance tab hinge bearings and rod end bearings; and related investigative and corrective actions if necessary. This AD results from reports of freeplay-induced vibration of the aileron balance tab. The potential for vibration of the control surface should be avoided because the point of transition from vibration to divergent flutter is unknown. We are issuing this AD to prevent excessive vibration of the airframe during flight, which could result in loss of control of the airplane. DATES: This AD becomes effective November 14, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of November 14, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Dennis Stremick, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6450; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Boeing Model 737 airplanes. That NPRM was published in the **Federal Register** on February 8, 2006 (71 FR 6417). That NPRM proposed to require repetitive measurement of the freeplay of both aileron balance tabs; repetitive lubrication of the aileron balance tab hinge bearings and rod end bearings; and related investigative and corrective actions if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Revise Initial Compliance Times Boeing, the airplane manufacturer, requests that the initial compliance times for the freeplay measurement and the lubrication be revised. Specifically, Boeing asks that airplanes completed after release of the AD be allowed a compliance threshold of 24 months for the freeplay measurement. The commenter explains that the initial compliance time of 18 months for the measurement resulted partially from a need for a more timely inspection to address airplanes currently in service that may not have been maintained frequently enough and that consequently may have excessive freeplay. For this reason, the initial compliance time is shorter than the repetitive intervals. But the commenter notes that when airplanes leave its production line, excessive freeplay is not yet an issue. So, for the actions in paragraph

(g)of the NPRM, the commenter suggests that airplanes delivered more recently or in the future should be given a compliance time of 24 months after the date of issuance of the original standard airworthiness certificate or original export certificate of airworthiness, or 18 months after the effective date of the AD, whichever is later. The commenter also states that the initial compliance time for the lubrication for all airplanes should be equal to the lowest of the repetitive intervals (9 months) specified in the NPRM because airplanes may be delivered with either type of grease. The commenter suggests that the compliance time for paragraph

(i)of the NPRM be revised to 9 months after the date of issuance of the original standard airworthiness certificate or original export certificate of airworthiness, or 9 months after the effective date of this AD, whichever is later. The commenter notes that it is planning to incorporate these changes in an upcoming revision to Boeing Special Attention Service Bulletin 737-27-1273, dated September 29, 2005. (The NPRM refers to that service bulletin as the appropriate source of service information for Boeing 737-600, -700, -700C, -800, and -900 series airplanes. The parallel service bulletin for Boeing Model 737-100, -200, -300, -400, and -500 series airplanes is Boeing Special Attention Service Bulletin 737-27-1272, dated September 29, 2005.) We agree with Boeing to revise the initial compliance times, for the reasons that Boeing states in its comment. We have determined that extending the initial compliance times for certain airplanes will not adversely affect safety. We have revised the compliance times in paragraphs

(g)and

(i)of this AD accordingly. Request To Revise Applicability of Repetitive Intervals Boeing requests that the wording of the applicability for the repetitive intervals specified in paragraphs (i)(2) and (i)(3) of the NPRM be revised. The commenter states that the intent of the wording in Boeing Special Attention Service Bulletin 737-27-1273 was for the longer repetitive interval to be allowed only if BMS 3-33 grease is already in use at the time the lubrication task is being accomplished. Boeing recommends that paragraph (i)(2) of the NPRM be revised to read “* * * BMS 3-33 grease is not already being used * * *” and paragraph (i)(3) of the NPRM be revised to read “* * * BMS 3-33 grease is already being used * * *.” This will prevent an operator taking credit for planned future use of BMS 3-33 grease. We agree with the commenter. For clarity, we have revised paragraphs (i)(2) and (i)(3) of this AD. Request To Revise Compliance Times and Repetitive Intervals Several commenters—AirTran Airways (AirTran), British Airways (BA), and the Air Transport Association

(ATA)on behalf of its member American Airlines (AA), and Ryanair—request that we revise the initial compliance times and repetitive intervals specified in the NPRM. AirTran and BA specifically request that we revise the compliance times to more closely match the flight-hour limits determined by Maintenance Steering Group 3 (MSG3). AirTran notes that the MSG3 flight-hour limits are based on average utilization of the fleet. AirTran states that, for an airplane with an average utilization of 8 hours/day, the calendar time element of the compliance times proposed in the NPRM is potentially 27 percent less than the limits determined by MSG3. BA notes that the repetitive interval for the freeplay measurement in the similar task in the maintenance planning document

(MPD)is 8,000 flight hours, and the repetitive interval for the lubrication in the similar MPD tasks is 4,000 flight hours, without calendar-time limits. These intervals were established during the MSG3 analysis, and BA questions our rationale for introducing a 24-month limit for the measurements and a 12-month limit for the lubrications. Based on its data, BA states that it agrees with the need for the freeplay measurement, but not with the 24-month calendar limit. BA states that the MPD intervals are adequate to control the wear rate of the aileron tab hinges and control rods. Also, the ATA, on behalf of AA, observes that the proposed repetitive interval for lubrications is more frequent than AA's existing schedule of 5,000 flight hours. AA contends that the 5,000-flight-hour interval is sufficient, given that it has not measured freeplay of the aileron tab outside the required limits. (AA also states that, for scheduling convenience, it accomplishes the repetitive measurement for freeplay at a 5,000-flight-hour interval.) Ryanair asks that, if we do not agree to remove 737NG airplanes from the applicability (see “Request to Remove 737NG Airplanes from Applicability,” below), we consider relaxing the initial compliance time and repetitive intervals. Ryanair states that the initial compliance time and repetitive intervals seem too short, particularly for a problem that has never been reported on this airplane type and for newer airplanes. We do not agree with the commenters' requests to revise the compliance times and repetitive intervals. With regard to the requests to more closely match the intervals established by MSG3, we have determined that the limits currently specified in the MPD may not be adequate to ensure that the aileron balance tabs are properly maintained on airplanes currently in service. Also, the maintenance program documents to which BA refers can change without the knowledge or consent of The Manager, Seattle Aircraft Certification Office (ACO), FAA, and compliance times must be based on defined intervals to ensure that the required action in an AD will be done within an appropriate timeframe for safe operation of the airplane. In developing appropriate compliance times for the actions in this AD, we considered the urgency associated with the subject unsafe condition, the manufacturer's recommendation, and the practical aspect of accomplishing the required measurements and lubrications within a period of time that corresponds to the normal scheduled maintenance for most affected operators. Also, while we have taken into account the average utilization rate of the affected airplanes, it would be nearly impossible to customize the AD to take into consideration each operator's utilization rate. In consideration of these items, as well as the reports of freeplay-induced vibration of the aileron balance tab, we have determined that the repetitive intervals as proposed are appropriate. With regard to Ryanair's statement that the initial compliance times are too low for newer airplanes, we note that, as explained previously under “Request to Revise Initial Compliance Times,” we have revised paragraphs

(g)and

(i)of this AD to extend the compliance times for airplanes delivered more recently. We have made no further changes to this AD. Request To Refer to Alternative Source of Service Information BA requests that we revise the NPRM to refer to a certain MPD task, Task 27-022-01, or its associated task card, 27-022-01-01, as an acceptable source of service information for the repetitive measurements of freeplay of the aileron control balance tabs. The commenter states that the measurement in the MPD task and its associated task card is the same as that specified in Boeing Special Attention Service Bulletin 737-27-1272, for Boeing 737-100, -200, -200C, -300, -400, and -500 series airplanes. We do not agree to allow the MPD tasks as an acceptable source of service information for accomplishing the freeplay measurement. We find that neither appropriate procedures nor applicable limits are specified in the MPD tasks that describe checking the ailerons for freeplay. Thus, the MPD tasks are not adequate to ensure that the aileron balance tab would be maintained to an acceptable level of safety. Further, an MPD task may be revised in the future without authorization by the Manager, Seattle ACO. Such a revision could result in differences between the MPD task and the requirements of this AD. Operators may request approval of an alternative method of compliance

(AMOC)in accordance with paragraph

(k)of this AD if data are presented to substantiate that the actions provide an acceptable level of safety. Request for Credit for Actions Accomplished Previously Similarly, several commenters—BA, AirTran, and the ATA on behalf of its members Delta Airlines

(DAL)and AA—request that we revise the NPRM to give credit for actions accomplished before the effective date of the AD in accordance with the MPD or the airplane maintenance manual (AMM). Specific requests are as follows: • BA asks that the most recent accomplishment of MPD Task 27-022-01 be considered as acceptable for the initial measurement that would be required by paragraph

(g)of the NPRM. BA also asks that the most recent accomplishment of MPD Task 27-018-01 be considered as acceptable for compliance with the initial lubrication that would be required by paragraph

(i)of the NRPM. • AirTran asks that we revise the NPRM to give credit for doing the initial freeplay measurement in accordance with 737 Next Generation (737NG, defined as Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes) MPD Task 27-033-00, and doing the initial lubrication in accordance with 737NG MPD Tasks 27-026-01 and 27-026-02. AirTran states that these tasks are the same as the procedures for the measurement and lubrication specified in Boeing Special Attention Service Bulletin 737-27-1273. • DAL asks that we revise the NPRM to give credit specifically for lubrications of the aileron balance tab accomplished previously in accordance with MPD Tasks 27-026-01 and 27-026-02 and the AMM. The commenter notes that Boeing has advised that the existing lubrication procedures specified in the AMM are acceptable, and Boeing would support allowing operators credit for previous lubrications. (The commenter also notes that Boeing does not consider the freeplay inspection procedures in the AMM to be adequate for compliance with Service Bulletin 737-27-1273.) We do not agree to give credit for measurements and lubrications accomplished in accordance with the MPD tasks referenced by the commenters. As we explained previously, an MPD task may have been revised without the authorization of the Manager, Seattle ACO, potentially resulting in differences between the MPD task and the requirements of this AD. However, operators may request approval of an AMOC in accordance with paragraph

(k)of this AD if data are presented to substantiate that the actions provide an acceptable level of safety. We partially agree with the request to give credit for actions accomplished in accordance with the AMM. The service bulletins refer to specific chapters of the AMM as a source of an acceptable procedure for lubricating the aileron balance tab components. Lubrications accomplished according to the chapters of the AMM specified in the relevant service bulletin are acceptable for compliance with the corresponding requirements of paragraph

(i)of this AD. We find that no change to the AD is needed to give credit for these actions. Credit for actions accomplished previously is always provided through this statement included in paragraph

(e)of this AD: “You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done.” We have not changed the AD in this regard. Request To Remove 737NG Airplanes From Applicability Ryanair requests that we review the applicability of the NPRM for 737NG airplanes. The commenter believes that the NPRM is too severe for 737NG airplanes. The commenter is not aware of any reports of freeplay-induced vibrations on 737NG airplanes. We infer that the commenter is asking us to remove Model 737NG airplanes from the applicability of this AD. We do not agree. The aileron balance tab design is the same on both Model 737 “Classic” airplanes (defined as Boeing Model 737-100, -200, -200C, -300, -400, and -500 airplanes) and Model 737NG airplanes. Therefore, all of these airplanes are subject to the same unsafe condition. We have not changed the AD in this regard. Request To Withdraw NPRM AA, in its comment submitted through ATA, states that, “The proposed rule simply restates the existing 737NG continuous maintenance program.” The commenter also notes that it is accomplishing the repetitive measurement of freeplay and lubrication at intervals of 5,000 flight hours, and has not found any freeplay outside acceptable limits. BA also notes that it has had no reports of freeplay-induced vibration of the aileron tabs and believes that current MPD tasks are adequate to prevent the unsafe condition. We infer that AA and BA are asking us to withdraw the NPRM. We do not agree. We have determined that existing maintenance actions similar to those required by this AD are not sufficient to prevent freeplay-induced vibration of the aileron balance tab. Also, the current repetitive intervals for these similar actions are not adequate. Evidence of this inadequacy is the reports of freeplay-induced vibration in service. We note that the intervals AA uses are shorter than those recommended in the manufacturer's maintenance documents, which may help to account for the fact that AA has had no reports of freeplay that is outside acceptable limits. We have not changed the AD in this regard. Request To Revise Service Documents Related to Service Bulletins The ATA, on behalf of DAL, asks the FAA to encourage Boeing to address conflicts between procedures before issuing service bulletins that conflict with procedures in the AMM and MPD. DAL notes that the relevant service bulletins do not advise whether the AMM and MPD are affected by the changes in those service bulletins. DAL believes that relevant sections of the AMM and MPD should be revised before the NPRM is issued. The commenter notes that, in this case, if Boeing had revised the AMM and MPD when it issued Boeing Special Attention Service Bulletins 737-27-1272 and 737-27-1273, operators might be in a position to get credit for freeplay measurements and lubrications accomplished in accordance with the AMM. We acknowledge the comment. We agree that it would be beneficial for Boeing to revise its AMM and MPD to reflect the requirements in the service bulletins. While we have encouraged them to do so, we do not have the authority to require Boeing to do so. We have not changed the AD in this regard. Request To Acknowledge Errors in Service Bulletins DAL notes a discrepancy in the Work Instructions of Part 2 in Boeing Special Attention Service Bulletins 737-27-1272 and 737-27-1273. The commenter points out that a note in Step 1 in Part 2 of the Work Instructions of 737-27-1273 indicates to lubricate “ * * * as shown in Part 1, Aileron Balance Tab Freeplay Check.” A similar discrepancy exists in the corresponding note in Step 1 of Group 1: Part 2 and Group 2: Part 2 of the Work Instructions of 737-27-1272. DAL states that this note should refer to Part 2, Lubrication of the Aileron Balance Tab Bearings. DAL has advised Boeing of this discrepancy, and Boeing agrees that it is an error that will be corrected in future revisions to the service bulletin. DAL notes that the wording of the NPRM is sufficiently broad that the service bulletin discrepancy will not affect operators' ability to comply with the proposed requirements. We acknowledge the discrepancy in the service bulletins to which the commenter refers, and we agree with the commenter that no change to the AD is needed in this regard. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 5,651 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. No parts are necessary to accomplish either action. Estimated Costs Action Work hours Average labor rate per hour Cost per airplane Number of U.S.-registered airplanes Fleet cost Freeplay measurement 8 $65 $520, per measurement cycle 2,280 $1,185,600, per measurement cycle. Lubrication 4 65 $260, per lubrication cycle 2,280 $592,800, per lubrication cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-21-01 Boeing:** Amendment 39-14784. Docket No. FAA-2006-23815; Directorate Identifier 2005-NM-222-AD. Effective Date

(a)This AD becomes effective November 14, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to all Boeing Model 737-100, -200, -200C, -300, -400, -500, -600, -700, -700C, -800, and -900 series airplanes; certificated in any category. Unsafe Condition

(d)This AD results from reports of freeplay-induced vibration of the aileron balance tab. The potential for vibration of the control surface should be avoided because the point of transition from vibration to divergent flutter is unknown. We are issuing this AD to prevent excessive vibration of the airframe during flight, which could result in loss of control of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Service Bulletin References

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

(1)For Boeing Model 737-100, -200, -200C, -300, -400, and -500 series airplanes: Boeing Special Attention Service Bulletin 737-27-1272, dated September 29, 2005.

(2)For Boeing Model 737-600, -700, -700C, -800 and -900 series airplanes: Boeing Special Attention Service Bulletin 737-27-1273, dated September 29, 2005. Repetitive Measurements

(g)Within 24 months after the date of issuance of the original standard airworthiness certificate or the date of issuance of the original export certificate of airworthiness, or 18 months after the effective date of the AD, whichever is later: Measure the freeplay of both aileron control balance tabs. Repeat the measurement thereafter at the applicable interval in paragraph (g)(1) or (g)(2) of this AD. Do all actions required by this paragraph in accordance with the applicable service bulletin.

(1)For Boeing Model 737-100, -200, and -200C series airplanes: At intervals not to exceed 6,000 flight hours or 24 months, whichever occurs first.

(2)For Boeing Model 737-300, -400, -500, -600, -700, -700C, -800 and -900 series airplanes: At intervals not to exceed 8,000 flight hours or 24 months, whichever occurs first. Related Investigative and Corrective Actions

(h)If any measurement found in paragraph

(g)of this AD is outside the acceptable limits specified in the service bulletin: Before further flight, do the applicable related investigative and corrective actions in accordance with the applicable service bulletin. Repetitive Lubrication

(i)Within 9 months after the date of issuance of the original standard airworthiness certificate or the date of issuance of the original export certificate of airworthiness, or within 9 months after the effective date of this AD, whichever is later: Lubricate the aileron balance tab components specified in the applicable service bulletin. Repeat the lubrication thereafter at the applicable interval in paragraph (i)(1), (i)(2), or (i)(3) of this AD. Do all actions required by this paragraph in accordance with the applicable service bulletin.

(1)For Boeing Model 737-100, -200, and -200C series airplanes: At intervals not to exceed 3,000 flight hours or 9 months, whichever occurs first.

(2)For Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and -900 series airplanes, on which BMS 3-33 grease is not already in use prior to the time the lubrication task is being accomplished: At intervals not to exceed 3,000 flight hours or 9 months, whichever occurs first.

(3)For Boeing Model 737-300, -400, -500, -600, -700, -700C, -800, and -900 series airplanes, on which BMS 3-33 grease is already in use prior to the time the lubrication task is being accomplished: At intervals not to exceed 4,000 flight hours or 12 months, whichever occurs first. Concurrent Repetitive Cycles

(j)If a freeplay measurement required by paragraph

(g)of this AD and a lubrication cycle required by paragraph

(i)of this AD are due at the same time or will be accomplished during the same maintenance visit, the freeplay measurement and applicable related investigative and corrective actions must be done before the lubrication is accomplished. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Material Incorporated by Reference

(l)You must use Boeing Special Attention Service Bulletin 737-27-1272, dated September 29, 2005; or Boeing Special Attention Service Bulletin 737-27-1273, dated September 29, 2005; as applicable; to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Issued in Renton, Washington, on September 28, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-16553 Filed 10-6-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25180; Airspace Docket No. 06-AAL-19] Establishment of Class E Airspace; Kokohanok, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final Rule. SUMMARY: This action establishes Class E airspace at Kokohanok, AK to provide adequate controlled airspace to contain aircraft executing new Standard Instrument Approach Procedures (SIAPs) and a new Departure Procedure (DP). This rule results in new Class E airspace established upward from 700 feet

(ft)and 1,200 ft. above the surface at Kokohanok, AK. EFFECTIVE DATE: 0901 UTC, January 18, 2007. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number

(907)271-5898; fax:

(907)271-2850; e-mail: *gary.ctr.rolf@faa.gov.* Internet address: *http://www.alaska.faa.gov/at.* SUPPLEMENTARY INFORMATION: History On Monday, July 17, 2006, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to establish Class E airspace upward from 700 ft. and 1,200 ft. above the surface at Kokohanok, AK (71 FR 40444). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing two new SIAPs and one new DP for the Kokohanok Airport. The new approaches are

(1)Area Navigation (Global Positioning System) (RNAV

(GPS)Runway

(RWY)06, Original and

(2)RNAV

(GPS)RWY 24, Original. The DP is unnamed and will be listed in the front of the U.S. Terminal Procedures publication for Alaska. Class E controlled airspace extending upward from 700 ft. and 1,200 ft. above the surface in the Kokohanok Airport area is established by this action. The Notice of Proposed Rulemaking airfield coordinate location was not accurate. Runway construction currently underway will result in updated location coordinates. The updated coordinates are listed in this final rule. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No public comment have been received; thus the rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9P, *Airspace Designations and Reporting Points* , dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 establishes Class E airspace at the Kokohnaok Airport, Alaska. This Class E airspace is created to accommodate aircraft executing two new SIAPs and one DP, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for IFR operations at the Kokohanok Airport, Kokohanok, Alaska. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routing amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under the section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Kokohanok Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9563, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended]. 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, *Airspace Designations and Reporting Points* , dated September 1, 2006, and effective September 15, 2006, is amended as follows: Paragraph 6005 Class E airspace extending upward from 700 feet or more above the surface of the earth. AAL AK E5 Kokohanok, AK [New] Kokohanok Airport, AK (Lat. 59°26′00″N., long. 154°48′09″W.) That airspace extending upward from 700 feet above the surface within a 6.9-mile radius of the Kokohanok Airport, and that airspace 1 mile north and 1 mile south of the 260° bearing from the Kokohanok Airport extending from the 6.9-mile radius to 8.8 miles west of the Kokohanok Airport, and that airspace extending upward from 1,200 feet above the surface within a 49-mile radius of the Kokohanok Airport. Issued in Anchorage, AK, on September 26, 2006. Anthony M. Wylie, Director, Alaska Flight Service Information Office. [FR Doc. 06-8523 Filed 10-6-06; 8:45 am]

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