Unknown. Notice of confirmation of direct final rule

27,068 words·~123 min read·/register/2006/12/04/06-9516

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-2006-12-04.xml --- 71 232 Monday, December 4, 2006 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 70360 E6-20423 Animal Animal and Plant Health Inspection Service PROPOSED RULES Plant-related quarantine, foreign: Unshu oranges from Korea, 70330-70335 E6-20422 NOTICES Environmental statements; availability, etc.:

Nonregulated status determinations— Bayer CropScience; rice genetically engineered for glufosinate herbicide tolerance, 70360-70362 E6-20516 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 70394-70396 E6-20413 E6-20417 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act; systems of records, 70396-70407 E6-20408 E6-20409 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70407-70409 06-9503 06-9504 Coast Guard Coast Guard RULES Drawbridge operations:

Supplemental changes and clarifications; amendment, 70305-70312 06-9517 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Copyright Office, Library of Congress NOTICES Meetings: Section 108 Study Group; public roundtables, 70434-70440 E6-20480 Defense Defense Department See Navy Department Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 70368-70369 E6-20418 Grants and cooperative agreements; availability, etc.:

Safe and drug-free schools program— Discretionary grant programs; eligibility requirements, 70369-70371 E6-20456 Employee Employee Benefits Security Administration NOTICES Employee Retirement Income Security Act: Individual retirement and similar plans; prohibited transaction exemption for provision of investment advice, 70427-70429 E6-20401 Participants in individual account plans; prohibited transaction exemption for provision of investment advice, 70429-70431 E6-20402 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Reports and guidance documents; availability, etc.:

Western Greenbrier co-production demonstration project, WV, 70371-70372 E6-20435 Energy Energy Efficiency and Renewable Energy Office RULES Consumer products; energy conservation program: Energy conservation standards— New Federal commercial and multi-family high rise buildings and new Federal low-rise residential buildings, 70275-70284 E6-20439 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Missouri, 70312-70318 E6-20433 E6-20436 Superfund program:

National oil and hazardous substances contingency plan priorities list, 70318-70319 E6-20293 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Missouri, 70338-70339 E6-20432 E6-20434 NOTICES Reports and guidance documents; availability, etc.: New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and Stratospheric Ozone Protection Program; standards of performance, 70383-70392 E6-20440 Executive Office of the President Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Air Tractor, Inc., 70286-70294 E6-20324 International Aero Engines AG, 70294-70297 E6-20323 Pratt & Whitney Canada, 70284-70286 E6-20204 PZL Bielsko, 70300-70302 E6-20325 Raytheon Aircraft Co., 70297-70300 E6-20326 Class E airspace, 70302 06-9515 06-9516 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Preserving Independence of Financial Institution Examinations Act of 2003; implementation: Supplemental standards of ethical conduct for employees, 70325-70330 E6-20400 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 70416-70417 E6-20415 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 70375-70376 E6-20466 Environmental statements; availability, etc.:

Gulf LNG Energy, LLC, 70376 E6-20462 Hydroelectric applications, 70376-70379 E6-20471 E6-20472 E6-20473 *Applications, hearings, determinations, etc.:* Brazos Electric Power Cooperative, Inc., 70372 E6-20469 Dauphin Island Gathering Partners, 70372-70373 E6-20464 East Tennessee Natural Gas, LLC, E6-20461 70373 E6-20465 Enbridge Pipelines (Alabama Intrastate), L.L.C., 70374 E6-20463 Horizon Power and Light, LLC, 70374 E6-20470 Tennessee Gas Pipeline Co., 70374-70375 E6-20460 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 70392-70393 E6-20424 Banks and bank holding companies:

Change in bank control, 70393 E6-20443 Formations, acquisitions, and mergers, 70393 E6-20442 Permissible nonbanking activities, 70393-70394 E6-20441 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Over-the-Road Bus Accessibility Program, 70447-70449 E6-20426 Public transportation projects; claims limitation, 70449-70450 E6-20390 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.:

Okefenokee National Wildlife Refuge, FL, 70421-70422 06-9495 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Florfenicol, 70304-70305 E6-20398 Sulfamethazine soluble powder, 70302-70304 E6-20404 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70409-70412 E6-20476 E6-20477 E6-20478 Animal drugs, feeds, and related products: Pyrantel pamoate; suspension, 70412-70413 E6-20399 Foreign Foreign Claims Settlement Commission NOTICES Privacy Act; systems of records, 70426-70427 E6-20454 GSA General Services Administration NOTICES Federal travel:

Per diem— Various States; maximum rates, 70394 E6-20407 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Organization, functions, and authority delegations: Primary Health Care Bureau; correction, 70452 Z6-20171 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Meetings:

National Security Telecommunications Advisory Committee, 70413 E6-20403 Privacy Act; systems of records, 70413-70416 E6-20289 Housing Housing and Urban Development Department NOTICES Grant and cooperative agreement awards: Section 811 Supportive Housing For Persons With Disabilities Program (FY 2006), 70417-70421 E6-20381 Indian Indian Affairs Bureau PROPOSED RULES Economic enterprises: Gaming on trust lands acquired after October 1988; determination procedures Correction, 70335 E6-20494 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service PROPOSED RULES Procedure and administration:

Reportable transactions; disclosure by material advisors; American Jobs Creation Act modifications Correction, 70335-70336 E6-20382 International International Trade Administration NOTICES Antidumping: Frozen warmwater shrimp from— China, 70362-70363 06-9463 Individually quick frozen red raspberries from— Chile, 70363 E6-20459 Stainless steel bar from— Germany, 70363-70364 E6-20457 Countervailing duties: Polyethylene terephthalate film from— India, 70364 E6-20467 Reports and guidance documents; availability, etc.:

Textile and apparel products from Vietnam; import monitoring program; comment request, 70364-70366 E6-20545 Justice Justice Department See Foreign Claims Settlement Commission Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Montana, 70422 E6-20458 Environmental statements; notice of intent: National Petroleum Reserve, AK; integrated activity plan for northeastern portion, 70422-70423 E6-20468 Meetings:

Resource Advisory Councils— Mojave-Southern Great Basin, 70423 06-9494 Public land orders: Minnesota, 70423-70424 E6-20455 Library Library of Congress See Copyright Office, Library of Congress Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 70424-70426 E6-20425 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish;

Greenland turbot, 70323-70324 06-9501 Marine mammals: Incidental taking— Atlantic Large Whale Take Reduction Plan, 70319-70323 06-9499 06-9500 PROPOSED RULES Marine mammals: Commercial fisheries authorizations— Fisheries categorized according to frequency of incidental takes; 2007 list, 70339-70359 E6-20448 NOTICES Endangered and threatened species: Anadromous fish take— Hagar Environmental Sciences; Central California Coast coho salmon and Central and South-Central California Coast steelhead, 70367 E6-20452 University of California at Santa Barbara;

Southern California Coast steelhead, 70366-70367 E6-20450 Scientific research permit applications, determinations, etc., 70367-70368 E6-20453 National Park National Park Service NOTICES National Park System: Voyageurs National Park, MN; recreation fee area, 70426 E6-20416 National Transportation National Transportation Safety Board NOTICES Senior Executive Service Performance Review Board; membership, 70440 06-9502 Navy Navy Department NOTICES Meetings: Naval Academy, Board of Visitors, 70368 E6-20414 Nuclear Nuclear Regulatory Commission NOTICES Meetings:

Reactor Safeguards Advisory Committee, 70440-70441 E6-20411 Reports and guidance documents; availability, etc.: Fuel cycle licensees; Integrated Safety Analysis summary submission requirement; maximum 40-year licensing term, 70441 E6-20412 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.: NSF International, 70431-70433 E6-20405 TUV Rheinland of North America, Inc., 70433-70434 E6-20406 Personnel Personnel Management Office NOTICES Federal antidiscrimination, whistleblower protection, and retaliation laws;

No FEAR Act notice, 70441-70442 E6-20444 Presidential Presidential Documents PROCLAMATIONS Special observances: World Aids Day (Proc. 8087), 70453-70456 06-9537 RUS Rural Utilities Service RULES Seismic safety, 70275 E6-20482 Saint Lawrence Saint Lawrence Seaway Development Corporation PROPOSED RULES Seaway regulations and rules: Miscellaneous amendments, 70336-70338 E6-20371 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 70442-70445 E6-20427 E6-20428 E6-20430 E6-20431 E6-20437 SBA Small Business Administration NOTICES Disaster loan areas:

Louisiana, 70445-70446 E6-20420 Mississippi, 70446 E6-20419 Washington, 70446 E6-20421 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 70446-70447 E6-20479 Surface Surface Transportation Board NOTICES Railroad services abandonment: Union Pacific Railroad Co., 70450-70451 E6-20313 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See Saint Lawrence Seaway Development Corporation See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Western Western Area Power Administration NOTICES Power rates:

Parker-Davis Project, 70380-70383 E6-20438 Separate Parts In This Issue Part II Executive Office of the President, Presidential Documents, 70453-70456 06-9537 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. 71 232 Monday, December 4, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1792 RIN 0572-AC01 Seismic Safety AGENCY:

Rural Utilities Service, USDA. ACTION: Notice of confirmation of direct final rule. SUMMARY: The Rural Utilities Service, an agency which administers the U.S. Department of Agriculture's Rural Development Utilities Programs (hereinafter “USDA Rural Development” or the “Agency,”) gives notice that no adverse comments were received regarding the direct final rule amending its regulations to update the seismic safety requirements of the Agency, and confirms the effective date of the direct final rule.

DATES: The direct final rule published in the **Federal Register** on October 16, 2006 (71 FR 60657), and will be effective on November 30, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Donald Heald, Structural Engineer, Transmission Branch, Electric Staff Division, USDA Rural Development, 1400 Independence Avenue, SW., STOP 1569, Washington, DC 20250-1569. Telephone:

(202)720-9102. Fax:

(202)720-7491. SUPPLEMENTARY INFORMATION: Background In the mid eighties, the Federal Emergency Management Agency

(FEMA)contracted the Building Seismic Safety Council

(BSSC)to develop the National Earthquake Hazards Reduction Program (NEHRP) Provisions for new buildings. One of the primary goals of the program is to reduce or mitigate losses from earthquakes. The NEHRP *Recommended Provisions for Seismic Regulations for New Buildings and Other Structures* are recommended provisions that have been adopted in recent times by model codes and standards. The first edition of the NEHRP Provisions was dated 1985. The document is updated on a 3-year cycle. The 2000 edition of the NEHRP provisions is the fifth update of the document. Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction, requires that all new federally owned, leased, assisted, and other regulated buildings be designed and constructed in accordance with the appropriate seismic standards. The Interagency Committee on Seismic Safety in Construction (ICSSC) has recommended the use of building codes which are substantially equivalent to the *2000 National Earthquake Hazards Reduction Program Provisions for the Development of Seismic Regulations for New Buildings* (commonly called the NEHRP Provisions). The National Institute of Standards and Technology

(NTIS)had previously contracted to evaluate the equivalency of the latest edition of the NEHRP Provisions available at the time and the latest editions of national building codes and standards. The four previous comparisons involved the *BOCA National Building Code* (BOCA/NBC), the *Standard Building Code* (SBC), the *Uniform Building Code* (UBC), ASCE 7, *Minimum Design Loads for Buildings and Other Structures* (ASCE 7) and CABO *One- and Two-family Dwelling Code* (OTFDC), the *International Building Code* (IBC), and the *International Residential Code* (IRC). NTIS contracted to determine whether or not the seismic and material design provisions of the *International Building Code* (IBC), 2003 edition; the *NFPA 5000 Building Construction and Safety Code* , 2003 edition; the *International Residential Code for One- and Two-Family Dwellings* , 2003 edition, and ASCE 7-02, *Minimum Design Loads for Buildings and Other Structures* , are substantially equivalent to, or exceed, the 2000 NEHRP Provisions. For purposes of USDA Rural Development, the following documents have been found to be substantially equivalent to the 2000 NEHRP: *International Building Code* (IBC), 2003 edition; the *NFPA 5000 Building Construction and Safety Code* , 2003 edition, and ASCE 7-02, *Minimum Design Loads for Buildings and Other Structures.* Although these documents were found to be equivalent in intent and equivalent in design values, there were some exceptions within each document. Because of the structure of our agency requirements, it is recommended that the above documents be accepted as substantially equivalent. Confirmation of Effective Date This is to confirm the effective date of November 30, 2006, for the direct final rule 7 CFR 1792, Seismic Safety, published in the **Federal Register** on October 16, 2006. Dated: November 28, 2006. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E6-20482 Filed 12-1-06; 8:45 am] BILLING CODE 3410-15-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy 10 CFR Parts 433, 434, and 435 [Docket No. EE-RM/STD-02-112] RIN 1904-AB13 Energy Conservation Standards for New Federal Commercial and Multi-Family High-Rise Residential Buildings and New Federal Low-Rise Residential Buildings AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Interim final rule; request for comments. SUMMARY: The U.S. Department of Energy

(DOE)is publishing this interim final rule to implement provisions in the Energy Policy Act of 2005 that require DOE to establish revised energy efficiency performance standards for the construction of all new Federal buildings, including both commercial and multi-family high-rise residential buildings and low-rise residential buildings. DATES: The amendment made by this interim final rule is effective January 3, 2007. The incorporation by reference of certain publications in the interim final rule is approved by the Director of the Federal Register as of January 3, 2007. *Comment Date:* Comments must be received by DOE no later than February 2, 2007. If you submit information that you believe to be exempt by law from public disclosure, you should submit one complete copy, as well as one copy from which the information claimed to be exempt by law from public disclosure has been deleted. DOE is responsible for the final determination with regard to disclosure or nondisclosure of the information and for treating it accordingly under the DOE Freedom of Information regulations at 10 CFR 1004.11. ADDRESSES: You may submit comments, identified by any of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail: cyrus.nasseri@ee.doe.gov.* Include EE-RM/STD-02-112 and/or RIN 1904-AB13 in the subject line of the message. • *Postal Mail:* Mr. Cyrus Nasseri, U.S. Department of Energy, Federal Energy Management Program, Mailstop EE-2L, Energy Standard for New Federal Commercial and Multi-Family High-Rise Residential Buildings and Energy Standards for New Federal Low-Rise Residential Buildings, EE-RM/STD-02-112 and/or RIN 1904-AB13, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:

(202)586-9138. Please submit one signed paper original. • *Hand Delivery/Courier:* Mr. Cyrus Nasseri, U.S. Department of Energy, Federal Energy Management Program, Room 1M-048, 1000 Independence Avenue, SW., Washington, DC 20585-0121. *Instructions:* All submissions must include the agency name and docket number or Regulatory Information Number

(RIN)for this rulemaking. *Docket:* For access to the docket to read background documents or comments received by DOE, go to the U.S. Department of Energy, Forrestal Building, Room 1M-048 (Resource Room of the Federal Energy Management Program), 1000 Independence Avenue, SW., Washington, DC,

(202)586-9127, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please call Mr. Cyrus Nasseri at the above telephone number for additional information regarding visiting the Resource Room. FOR FURTHER INFORMATION CONTACT: Cyrus Nasseri, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Federal Energy Management Program, EE-2L, 1000 Independence Avenue, SW., Washington, DC 20585-0121,

(202)586-9138, e-mail: *cyrus.nasseri@ee.doe.gov,* or Stephen P. Walder, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Federal Energy Management Program, EE-2L, 1000 Independence Avenue, SW., Washington, DC 20585-0121,

(202)586-9209, e-mail: *stephen.walder@ee.doe.gov,* or Chris Calamita, Esq., U.S. Department of Energy, Office of the General Counsel, Forrestal Building, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585,

(202)586-9507, e-mail: *Christopher.Calamita@hq.doe.gov.* SUPPLEMENTARY INFORMATION: In this rule, DOE incorporates by reference into Title 10, Code of Federal Regulations (CFR), Parts 433 and 435, *ANSI/ASHRAE/IESNA Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise Residential Buildings,* January 2004, American Society of Heating Refrigerating and Air-Conditioning Engineers, Inc., ISSN 1041-2336, and *ICC International Energy Conservation Code (IECC), 2004 Supplement Edition,* January 2005, International Code Council, ISBN 7801S04. You can view copies of these standards in the resource room of the Building Technologies Program, Room IJ-018 at the U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585, between the hours of 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please call Ms. Brenda Edwards-Jones at

(202)586-2945 for additional information regarding visiting the resource room. You can purchase copies of ASHRAE Standard 90.1-2004 from ASHRAE Publication Sales, 1791Tullie Circle, NE, Atlanta, GA 30329, *http://resourcecenter.ashrae.org/store/ashrae/;* and copies of the 2004 International Energy Conservation Code, chapters 1-4 from the International Code Council, Publications, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, *http://www.iccsafe.org/e/category.html.* I. Introduction II. Discussion of Today's Action III. Section 109 of the Energy Policy Act of 2005 Requirements Not Addressed in Today's Rule IV. Reference Resources V. Procedural Requirements VI. Congressional Notification VII. Approval of the Office of the Secretary I. Introduction Section 305 of the Energy Conservation and Production Act (Pub. L. 94-385, ECPA) was amended by Title I of the Energy Policy Act of 1992 (Pub. L. 102-486). Section 305(a)(1) of ECPA requires DOE to establish building energy efficiency standards for all new Federal buildings. (42 U.S.C. 6834(a)(1).) Section 305(a)(1) requires standards for Federal buildings that contain energy efficiency measures that are technologically feasible and economically justified but, at a minimum, require the subject buildings to meet the energy saving and renewable energy specifications in the applicable voluntary consensus energy code specified in section 305(a)(2). (42 U.S.C. 6834(a)(1) and (2).) Until amended by the Energy Policy Act of 2005 (Pub. L. 109-58), section 305(a)(2) set the minimum or baseline standards as the CABO (Council of American Building Officials) Model Energy Code, 1992 (for residential buildings) and ASHRAE (American Society of Heating, Refrigerating, and Air-Conditioning Engineers) Standard 90.1-1989 (for commercial and multi-family high rise residential buildings). Section 305(a)(2)(C) of ECPA requires that DOE consider, in consultation with the Environmental Protection Agency and other Federal agencies, and where appropriate, measures regarding radon and other indoor air pollutants. Section 306(a)(1) of ECPA provides that each Federal agency must adopt procedures to ensure that new Federal buildings will meet or exceed the Federal building energy efficiency standards established under section 305. (42 U.S.C. 6835(a)(1).) Additionally, section 306(a)(2) extends the requirements for new Federal buildings established under section 305 to buildings under the jurisdiction of the Architect of the Capitol. (42 U.S.C. 6835(a)(2).) Section 306(b) bars the head of a Federal agency from expending Federal funds for the construction of a new Federal building unless the building meets or exceeds the applicable Federal building energy standards established under section 305. (42 U.S.C. 6835(b).) DOE established Federal building standards under ECPA and initially placed both the commercial and residential standards in Part 435 of Title 10 of the CFR. In a final rule published on October 6, 2000, DOE established new energy efficiency standards for new Federal commercial and multi-family high-rise residential buildings (65 FR 59999). DOE placed the revised Federal commercial and multi-family high-rise residential building standards in a new 10 CFR Part 434, entitled “Energy Code for New Federal Commercial and Multi-Family High Rise Residential Buildings.” The standards for Federal low-rise residential buildings remain in 10 CFR Part 435. Section 109 of the Energy Policy Act of 2005 amended section 305 of ECPA. (42 U.S.C. 6835.) Section 109 replaced the minimum standards referenced in section 305(a)(2)(A) with references to updated building codes that are widely used today. For residential buildings, CABO Model Energy Code, 1992, was replaced with the 2004 International Energy Conservation Code (IECC). For commercial and multi-family high rise buildings, ASHRAE Standard 90.1-1989 was replaced with ASHRAE Standard 90.1-2004. Section 109 of the Energy Policy Act of 2005 also added a new section 305(a)(3)(A) that requires DOE to, by rule, establish revised Federal building energy efficiency performance standards not later than August 8, 2006. (42 U.S.C. 6834(a)(3)(A).) Under the revised standards, new Federal buildings must be designed to achieve energy consumption levels that are at least 30 percent below the updated minimum standards referenced in section 305(a)(2), if life-cycle cost-effective. (42 U.S.C. 6834(a)(3)(A)(i)(I).) Additionally, Federal agencies must apply, if life-cycle cost-effective, sustainable design principles to the siting, design, and construction of all new and replacement buildings. (42 U.S.C. 6834(a)(3)(A)(i)(II).) If water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent that such technologies are life-cycle cost-effective. (42 U.S.C. 6834 (a)(3)(A)(ii).) II. Discussion of Today's Action DOE is issuing today's action as an interim final rule. Today's final rule deals solely with the energy efficiency of new Federal buildings, which are public property. Matters that relate to public property are excepted from prior notice and comment requirements. (5 U.S.C. 553(a)(2).) Additionally, the explicitness of the direction provided to DOE for this rule in Section 109 of the Energy Policy Act of 2005 supports issuance of an interim final rule, as a matter of policy. The interim final rule incorporates updated versions of ANSI/ASHRAE/IESNA Standard 90.1-2004, and the IECC standard as directed by statute. The interim final rule also establishes a requirement for new Federal buildings to achieve a level of energy efficiency 30 percent greater than that of the ANSI/ASHRAE/IESNA or IECC levels, as appropriate, when life-cycle cost-effective, again as directed by the statute. DOE also decided that the interim final rule approach offered the best opportunity to achieve the goals of Section 109 of the Energy Policy Act of 2005 as soon as possible. This interim final rule incorporates by reference ANSI/ASHRAE/IESNA Standard 90.1-2004, *Energy Standard for Buildings Except Low-Rise Residential Buildings,* and the 2004 *International Energy Conservation* Code as prescribed by Congress in section 109 of the Energy Policy Act of 2005, into 10 CFR Parts 433 and 435, respectively. Under today's interim final rule, new Federal commercial and multi-family high-rise residential buildings, for which design for construction begins on or after the effective date of today's interim final rule, must be designed to comply with the ASHRAE standard. New Federal low-rise residential buildings, for which design for construction begins on or after the effective date of today's interim final rule, must be designed to comply with the IECC standard. In addition to complying with the appropriate incorporated standard, a new Federal building must also be designed to achieve an energy consumption level that is at least 30 percent below the level achieved under that standard, if life-cycle cost-effective. Congress expressly specified a minimum performance requirement of a 30 percent improvement, if life-cycle cost effective. Although the statute requires DOE to establish performance standards that are “at least” 30 percent below the levels in the incorporated ASHRAE and IECC standards, the standards that DOE establishes today do not require Federal agencies to consider the life-cycle cost effectiveness of improvements beyond the 30 percent level. It is DOE's view that had Congress sought to require improvements at a maximum level of life-cycle cost effectiveness, it would have mandated designs to achieve that level and would not have specified the 30 percent minimum. Moreover, absent some direction in the statute, DOE is unable to specify in today's rule an energy consumption level that is greater than 30 percent below the levels achieved under the incorporated standards, but less than the maximum level that would be cost effective. However, as indicated by the words “at least,” Federal agencies are not precluded from designing buildings to achieve greater improvements, and DOE encourages agencies to design new Federal buildings to achieve lower energy consumption levels if life-cycle cost effective. Further, the experiences of ASHRAE (with the development of their Advanced Energy Design Guides for small office and small retail buildings) and the New Buildings Institute's

(NBI)Advanced Buildings program indicate that a savings 30 percent beyond that achieved through the incorporated standards is achievable in most building types with measures that are relatively “standard;” i.e., with measures that are widely available and with which the general industry is familiar. The 30-percent requirement should not necessitate consideration of measures that are limited in availability or with which the general industry is unfamiliar. If the additional 30 percent savings is not life-cycle cost-effective, an agency must evaluate the cost-effectiveness of alternative designs at successive decrements below 30 percent (e.g., 25 percent, 20 percent, etc.) in order to identify the most energy-efficient design that is life-cycle cost-effective for that building. However, the building must remain compliant with the ANSI/ASHRAE/IESNA Standard 90.1-2004, or IECC standard, as applicable. By requiring consideration of the life-cycle cost effectiveness of improvements if a 30 percent improvement is not life-cycle cost effective, today's final rule ensures that all readily available energy saving measures are considered. Today's rule also specifies that the methodology defined in 10 CFR part 436, subpart A, be used to establish the life-cycle cost-effectiveness of design measures used to achieve energy consumption levels below the criteria found in the minimum level standards described above. This is done to be consistent with Executive Order 13123, which requires Federal agencies to use this methodology in the design of new Federal buildings, and to respond to the requirements in the Energy Policy Act of 2005 that requirements of the new standards be life-cycle cost-effective. Federal agencies may choose to use one of four methods listed in 10 CFR part 436 to demonstrate life-cycle cost-effectiveness. These methods include lower life-cycle costs, positive net savings, savings-to-investment ratio that is estimated to be greater than one, and an adjusted internal rate of return that is estimated to be greater than the discount rate as listed in OMB Circular Number A-94 “Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs.” In applying this methodology to analysis of new Federal buildings, agencies must estimate the life-cycle costs and energy consumption of the planned building as designed and an otherwise identical building just meeting the minimum criteria set forth in the applicable baseline ASHRAE or IECC standard. The agencies must try to find a design that reduces energy consumption by a total of 30 percent or more without increasing the planned building's expected life-cycle cost. DOE intends to provide additional guidance and tools to assist Federal agencies in meeting these new building design requirements. Today's rule does not take a prescriptive approach as to how the 30 percent reduction is to be obtained. The baseline standards contain a limited set of mandatory requirements, such as sealing leaks in the building envelope and air duct systems. Beyond this, there are no restrictions on how the Federal agency achieves cost-effective energy savings. DOE believes that Federal agencies should be given the flexibility necessary to determine the most effective ways to achieve energy savings above that of the incorporated standards, rather than relying on prescriptive requirements that may not be appropriate in all cases. Today's interim final rule is effective beginning 30 days following **Federal Register** publication. All new Federal buildings for which design for construction begins on or after that date must comply with the requirements established in this rule. All new Federal buildings for which design for construction has begun prior to that date must comply with the requirements in 10 CFR part 434 or subpart C of part 435, as applicable. DOE is accepting comments on this interim final rule. The interim final rule will take effect on the date listed above in the DATES heading, and will become part of the CFR. Following close of the comment period, DOE will issue a notice of final rulemaking. If no comments are received, the notice of final rulemaking will adopt as final the interim final rule without change. If comments are received, DOE will respond to issues raised by the comments in the notice of final rulemaking, and either adopt as final the interim final rule without change, or adopt the final rule with change in response to comments. III. Section 109 of the Energy Policy Act of 2005 Requirements Not Addressed in Today's Rule Today's rule does not address the requirement that, if life-cycle cost-effective for new Federal buildings, agencies must apply sustainable design principles to the siting, design, and construction of all new and replacement buildings. Today's rule also does not address the requirement that “if water is used to achieve energy efficiency, the revised standards also must require water conservation technologies to be applied to the extent that such technologies are life-cycle cost-effective.” Finally, today's rule does not consider measures with regard to radon and other indoor air pollutants. (42 U.S.C. 6834 (a)(3)(A)(ii)) The developmental process for addressing these complicated issues will take more time and DOE will issue a rulemaking notice containing provisions on these subjects at a later date. DOE is proceeding with the implementation of only the energy efficiency element from the directives of section 305(a) of the Energy Policy Act of 2005 in this interim final rule so that energy efficiency in Federal buildings can be improved as soon as possible. IV. Reference Resources The Department has prepared a list of resources to help Federal agencies achieve building energy efficiency levels of at least 30 percent below that of ASHRAE Standard 90.1-2004 or the 2004 IECC. These resources come in many forms—design guidance, case studies and in a variety of media—in printed document or on Web site. Resources are provided in three categories—for all buildings, specifically for commercial and high-rise multi-family residential buildings, and specifically for low-rise residential buildings. Resources for All Buildings Energy Efficient Products—U.S. DOE Federal Energy Management Program and U.S. Environmental Protection Agency

(EPA)ENERGY STAR Program *http://www.eere.energy.gov/femp/procurement/* and *http://www.energystar.gov/products* Federal agencies are required by the Energy Policy Act of 2005 to specify FEMP-designated or ENERGY STAR equipment, including building mechanical and lighting equipment and builder-supplied appliances, for purchase and installation in all new construction. This equipment is generally more efficient than the corresponding requirements of ASHRAE Standard 90.1-2004 and the 2004 IECC, and may be used to achieve part of the savings required of Federal building designs. (Today's rule does not specifically address the use of this equipment, but the Web site is listed for the convenience of the agencies and to point out that this is a very useful resource for achieving part of the energy savings required by the rule.) Life-Cycle Cost Analysis—U.S. DOE Federal Energy Management Program *http://www.access.gpo.gov/nara/cfr/waisidx_04/10cfr436_04.html* The life-cycle cost analysis rules promulgated in 10 CFR Part 436 Subpart A, *Methodology and Procedures for Life Cycle Cost Analysis,* conform to requirements in the Federal Energy Management Improvement Act of 1988 and subsequent energy conservation legislation, as well as Executive Order 13123, *Greening the Government through Efficient Energy Management.* The life-cycle cost guidance and required discount rates and energy price projections are determined annually by FEMP and the Energy Information Administration, and published in the Annual Supplement to The National Institute of Science and Technology Handbook 135: “Energy Price Indices and Discount Factors for Life-Cycle Cost Analysis.” *http://www.eere.energy.gov/femp/pdfs/ashb06.pdf.* FEMP also provides guidance on the LCC requirements of Executive Order 13123 at *http://www1.eere.energy.gov/femp/program/lifecycle.html* and *http://www1.eere.energy.gov/femp/information/download_blcc.html* . ENERGY STAR Buildings—The U.S. Environmental Protection Agency and U.S. Department of Energy *https://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.homes_guidelns09* (homes) and *https://www.energystar.gov/index.cfm?c=new_bldg_design.bus_target_finder* (non-residential buildings) ENERGY STAR is a Government-backed program helping businesses and individuals protect the environment through superior energy efficiency. The EPA specifications for ENERGY STAR-labeled homes, effective as of the date of this rule, provide a useful prescriptive guide for meeting the Federal energy efficiency standard for low-rise residential buildings. The benchmarking tool and other information at the ENERGY STAR TargetFinder Web site can be useful in determining an annual energy target for the building design and computer simulations, evaluating cost-effectiveness of efficiency measures, and tracking the building's actual energy performance after construction. High Performance Buildings—U.S. DOE Building Technologies Program *http://www.eere.energy.gov/buildings/highperformance/* A collection of design approaches, tools, technologies and case studies focused on high performance buildings that achieve savings of 30 percent to 50 percent better than generally accepted good practice. Building Energy Software Tools—U.S. DOE Building Technologies Program *http://www.eere.energy.gov/buildings/tools_directory/* This directory provides information on building software tools for evaluation energy efficiency, renewable energy, and sustainability in buildings. Resources for Commercial and High-Rise Multi-Family Residential Buildings ASHRAE Standard 90.1-2004—ASHRAE *http://www.ashrae.org* (search for Standard 90.1-2004) or *http://resourcecenter.ashrae.org/store/ashrae/newstore.cgi?itemid=27679&view=item&page=1&loginid=6683225&words=Standard%2090.1-2004&method=and&* The Minimum Energy Performance Standard for commercial and high-rise multi-family buildings is ANSI/ASHRAE/IESNA Standard 90.1-2004. This link also contains a link to a read-only version of Standard 90.1-2004. Whole Building Design Guide—National Institute of Building Sciences *http://www.wbdg.org* A portal providing one-stop access to up-to-date information on a wide range of building-related guidance, criteria and technology from a ‘whole buildings' perspective. Advanced Energy Design Guide—ASHRAE *http://www.ashrae.org* (search for Advanced Energy Design Guide) or *http://resourcecenter.ashrae.org/store/ashrae/newstore.cgi?itemid=23307&view=item&page=1&loginid=6683251&words=Advanced%20Energy%20Design%20Guide&method=and&* A set of design guides for users who wish to go beyond Standard 90.1, targeted at 30 percent better than ASHRAE Standard 90.1-1999 (which translates to about 25 percent better than ASHRAE standard 90.1-2004). Advanced Buildings TM E-Benchmark TM —New Buildings Institute *http://www.poweryourdesign.com* A set of guidelines for the design, construction, and operation of new and renovated nonresidential buildings targeted at 30 percent better than ASHRAE Standard 90.1-1999 (which translates to about 25 percent better than ASHRAE Standard 90.1-2004). Labs for the 21st Century—U.S. EPA and U.S. DOE *http://www.labs21century.gov/* A Web site focused on improving the energy efficiency and environmental performance of laboratory space. This site includes training and educational resources and design tools focused on laboratories. Leadership in Energy and Environmental Design (LEED)—U.S. Green Building Council (USGBC) *http://www.usgbc.org/DisplayPage.aspx?CategoryID=19* The LEED Green Building Rating System® is a voluntary, consensus-based national standard for developing high-performance, sustainable buildings. USGBC members, representing every sector of the building industry, developed and continue to refine LEED. Resources for Low-Rise Residential Buildings 2004 Supplement to the 2003 IECC—ICC *http://www.iccsafe.org* (search for 2004 IECC) or *http://www.iccsafe.org/dyn/prod/7801S04.html* The Minimum Energy Performance Standard for low-rise residential buildings is the International Code Council

(ICC)2004 IECC Supplement. Residential Energy Services Network (RESNET) *http://www.natresnet.org/programs/software/directory.htm* RESNET is responsible for home energy rating systems used for energy efficient mortgages. RESNET activities include adopting standards that set the national procedures for home energy ratings and procedures for certifying raters. Since the home energy ratings utilize the 2004 IECC as the baseline, RESNET accredited software programs may be appropriate for calculating energy consumption to determine compliance with this rule. Building America—U.S. Department of Energy *http://www.eere.energy.gov/buildings/building_america/* Building America is a private/public partnership that develops energy solutions for new and existing homes. The Building America project combines the knowledge and resources of industry leaders with DOE's technical capabilities. Together, they act as a catalyst for change in the home-building industry. Energy & Environmental Building Association

(EEBA)*http://www.eeba.org/* EEBA's mission is to provide education and resources to transform the residential design, development and construction industries to profitably deliver energy efficient and environmentally responsible buildings and communities. The Partnership for Advancing Technology in Housing (PATH)—U.S. Department of Housing and Urban Development *http://www.pathnet.org/sp.asp?mc=about_path* PATH is dedicated to accelerating the development and use of technologies that radically improve the quality, durability, energy efficiency, environmental performance, and affordability of America's housing. PATH is a voluntary partnership between leaders of the homebuilding, product manufacturing, insurance, and financial industries and representatives of Federal agencies concerned with housing. V. Procedural Requirements A. Review under Executive Order 12866, “Regulatory Planning and Review” Today's interim final rule is a “significant regulatory action” under section 3(f)(1) of Executive Order 12866, “Regulatory Planning and Review.” 58 FR 51735 (October 4, 1993). Accordingly, today's action was subject to review by the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB). OMB has completed its review. B. Review under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires the preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, *Proper Consideration of Small Entities in Agency Rulemaking,* 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. 68 FR 7990. The Department has made its procedures and policies available on the Office of General Counsel's Web site: *http://www.gc.doe.gov.* Today's rule on energy efficiency performance standards for the design and construction of new Federal buildings is not subject to any legal requirement to publish a general notice of proposed rulemaking. Therefore, the Regulatory Flexibility Act does not apply. C. Review Under the Paperwork Reduction Act of 1995 This rulemaking will impose no new information or record keeping requirements. Accordingly, Office of Management and Budget

(OMB)clearance is not required under the Paperwork Reduction Act. (44 U.S.C. 3501 *et seq.* ) D. Review Under the National Environmental Policy Act of 1969 The Department prepared an Environmental Assessment

(EA)(DOE/EA-1463) entitled, Draft Environmental Assessment for Interim Final Rule, 10 CFR Part 433, “Energy Efficiency Standards for New Federal Commercial and Multi-Family High-Rise Residential Buildings,” and 10 CFR Part 435, “Energy Efficiency Standards for New Federal Low-Rise Residential Buildings,” pursuant to the Council on Environmental Quality's

(CEQ)Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR Parts 1500-1508), the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ), and DOE's NEPA Implementing Procedures (10 CFR Part 1021). The EA addresses the possible environmental effects attributable to the implementation of the interim final rule. The only impact would be a decrease in outdoor air pollutants resulting from decreased fossil fuel burning for energy use in Federal buildings. To identify the potential environmental impacts that may result from implementing the interim final rule on new Federal commercial buildings, DOE compared the interim final rule with a “no-action alternative” of using the current Federal standards—10 CFR Part 434 and 10 CFR Part 435. DOE also compared the interim final rule to the prevailing national voluntary building energy codes, which also are the minimum requirements for the interim final rule. For commercial and high-rise multi-family residential buildings, the American National Standards Institute (ANSI)/American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE)/Illuminating Engineering Society of North America (IESNA) ASHRAE/IESNA Standard 90.1-2004 (ASHRAE 2004) is the minimum requirement for the DOE preferred alternative. For low-rise residential buildings, the International Code Council

(ICC)International Energy Conservation Code

(IECC)2004 Supplement Edition (ICC 2004) is the minimum requirement for the DOE preferred alternative. For the purpose of this environmental assessment, DOE also investigated the impact of buildings achieving energy consumption below Standard 90.1-2004 or the 2004 IECC in increments of 10 percent, up to 50 percent. For low-rise residential buildings, the Federal government is estimated to construct about 2000 housing units annually that would be subject to this rule. Avoided carbon dioxide emissions are estimated at 763 metric tons of carbon in the first year the interim final rule is in effect, if 30 percent savings in energy consumption over the 2004 IECC are achieved. Avoided nitrogen oxide and sulfur dioxide emissions are estimated to be each 4 tons in the first year the rule is in effect. For commercial and high-rise multi-family residential buildings, the Federal government is estimated to construct 28 million square feet of Federal commercial buildings annually. Federal high-rise residential buildings are rare. Assuming a 30 percent savings in energy consumption over 90.1-2004, avoided carbon dioxide emissions (relative to the existing 10 CFR Part 434) are estimated at 35,800 metric tons of carbon in the first year the interim final rule is in effect, with the savings compounding in future years as more and more Federal construction occurs. Avoided nitrogen oxide emissions are estimated to be 317 tons in the first year the rule is in effect, while the avoided sulfur dioxide emissions are estimated at 625 tons. Copies of the EA are available for review at *http://www.eere.energy.gov/femp/about/legislation.html* , or by contacting Cyrus Nasseri, Office of Federal Energy Management, Mail Station, EE-2L, 1000 Independence Avenue, 20585-0121,

(202)586-9138. Comments on the EA may be submitted to DOE at this address by the comment date noted above under the DATES heading. DOE will consider all comments received before approving or modifying the EA, as appropriate. E. Review Under Executive Order 13132, “Federalism” Executive Order 13132, “Federalism,” 64 FR 43255 (August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. (65 FR 13735). DOE examined this rule and determined that it does not preempt State law and does 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. No further action is required by Executive Order 13132. F. Review Under Executive Order 12988, “Civil Justice Reform” With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (February 7, 1996), imposes on Federal agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity;

(2)write regulations to minimize litigation; and

(3)provide a clear legal standard for affected conduct, rather than a general standard and promote simplification and burden reduction. Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation:

(1)Clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct, while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law; this rule meets the relevant standards of Executive Order 12988. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)(Pub. L. 104-4) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and tribal governments and the private sector. For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a) and (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and tribal governments on a proposed “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA (62 FR 12820) (also available at *http://www.gc.doe.gov* ). This interim final rule contains neither an intergovernmental mandate nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements under the Unfunded Mandates Reform Act do not apply. H. Review Under the Treasury and General Government Appropriations Act of 1999 Section 654 of the Treasury and General Government Appropriations Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This interim final rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. I. Review Under Executive Order 12630, “Governmental Actions and Interference With Constitutionally Protected Property Rights” The Department has determined, under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” 53 FR 8859 (March 18, 1988), that this rule would not result in any takings which might require compensation under the Fifth Amendment to the United States Constitution. J. Review Under the Treasury and General Government Appropriations Act, 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's interim final rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Review Under Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that:

(1)Is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy, or

(3)is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. This interim final rule would not have a significant adverse effect on the supply, distribution, or use of energy and, therefore, is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. VI. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule prior to its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). VII. Approval of the Office of the Secretary The Secretary of Energy has approved publication of today's interim final rule. List of Subjects in 10 CFR Parts 433, 434, and 435 Buildings, Energy conservation, Engineers, Federal buildings and facilities, Housing, Incorporation by reference. Issued in Washington, DC, on November 22, 2006. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. For the reasons set forth in the preamble, DOE amends chapter II of title 10 of the Code of Federal Regulations as set forth below: 1. Part 433 is added to read as follows: PART 433—ENERGY EFFICIENCY STANDARDS FOR THE DESIGN AND CONSTRUCTION OF NEW FEDERAL COMMERCIAL AND MULTI-FAMILY HIGH-RISE RESIDENTIAL BUILDINGS Sec. 433.1 Purpose and scope. 433.2 Definitions. 433.3 Materials incorporated by reference. 433.4 Energy efficiency performance standard. 433.5 Performance level determination. 433.6 Sustainable principles for siting, design and construction. [Reserved] 433.7 Water used to achieve energy efficiency. [Reserved] 433.8 Life-cycle costing. Authority: 42 U.S.C. 6831-6832, 6834-6835; 42 U.S.C. 7101 *et seq.* § 433.1 Purpose and scope. This part establishes an energy efficiency performance standard for the new Federal commercial and multi-family high-rise buildings, for which design for construction began on or after January 3, 2007, as required by section 305(a) of the Energy Conservation and Production Act, as amended (42 U.S.C. 6834(a)). § 433.2 Definitions. For purposes of this part, the following terms, phrases and words are defined as follows: *ANSI* means the American National Standards Institute. *ASHRAE* means the American Society of Heating, Refrigerating and Air-Conditioning Engineers. *Baseline building* means a building that is otherwise identical to the proposed building but is designed to meet but not exceed the energy efficiency specifications of *ANSI/ASHRAE/IESNA Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise Residential Buildings* , January 2004 (incorporated by reference, see § 433.3). *Commercial and multi-family high-rise residential building* means all buildings other than low-rise residential buildings. *DOE* means the U.S. Department of Energy. *Federal agency* means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, including the United States Postal Service, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. *IESNA* means Illuminating Engineering Society of North America. *Life-cycle cost* means the total cost related to energy conservation measures of owning, operating and maintaining a building over its useful life as determined in accordance with 10 CFR part 436. *Life-cycle cost-effective* means that the proposed building has a lower life-cycle cost than the life-cycle costs of the baseline building, as described by 10 CFR 436.19, or has a positive estimated net savings, as described by 10 CFR 436.20; or has a savings-to-investment ratio estimated to be greater than one, as described by 10 CFR 436.21; or has an adjusted internal rate of return, as described by 10 CFR 436.22, that is estimated to be greater than the discount rate as listed in OMB Circular Number A-94 (Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs.” *Low-rise residential building* means any building three stories or less in height above grade that includes sleeping accommodations where the occupants are primarily permanent in nature (30 days or more). *New Federal building* means any building to be constructed by, or for the use of, any Federal agency which is not legally subject to State or local building codes or similar requirements. *Proposed building* means the building design of a new Federal commercial and multi-family high-rise building proposed for construction. § 433.3 Materials incorporated by reference.

(a)*General* . DOE incorporates by reference the energy performance standard listed in paragraph

(b)of this section into 10 CFR part 433. The Director of the Federal Register has approved the material listed in paragraph

(b)of this section for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Any subsequent amendment to this material by the standard-setting organization will not affect the DOE building energy performance standard unless and until DOE amends its building energy performance standards. DOE incorporates the material as it exists on the date specified in the approval and a notice of any change in the material will be published in the **Federal Register** .

(b)*List of standards incorporated by reference. ANSI/ASHRAE/IESNA Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise Residential Buildings* , January 2004, American Society of Heating Refrigerating and Air-Conditioning Engineers, Inc., ISSN 1041-2336.

(c)*Availability of references* . The building energy performance standard incorporated by reference is available for inspection at:

(1)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/code_of_federal_regulations/ibr_locations.html*

(2)U.S. Department of Energy, Forrestal Building, Room 1M-048 (Resource Room of the Federal Energy Management Program), 1000 Independence Avenue, SW., Washington, DC 20585-0121,

(202)586-9138, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

(d)*Obtaining copies of standards* . The building energy performance standard incorporated by reference may be obtained from the American Society of Heating Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle, NE., Atlanta, GA, 30329, *http://resourcecenter.ashrae.org/store/ashrae/* . § 433.4 Energy efficiency performance standard.

(a)All Federal agencies shall design new Federal commercial and multi-family high-rise residential buildings, for which design for construction began on or after January 3, 2007, to:

(1)Meet *ANSI/ASHRAE/IESNA Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise Residential Buildings* , January 2004 (incorporated by reference, see 433.3); and

(2)If life-cycle cost-effective, achieve energy consumption levels, calculated consistent with paragraph

(b)of this section, that are at least 30 percent below the levels of the baseline building.

(b)Energy consumption for the purposes of calculating the 30 percent savings shall include space heating, space cooling, ventilation, service water heating, lighting and all other energy consuming systems normally specified as part of the building design except for receptacle and process loads.

(c)If a 30 percent reduction is not life-cycle cost-effective, the design of the proposed building shall be modified so as to achieve an energy consumption level at the maximum level of energy efficiency that is life-cycle cost-effective, but at a minimum complies with paragraph

(a)of this section. § 433.5 Performance level determination.

(a)Each Federal agency shall determine energy consumption levels for both the baseline building and proposed building by using the Performance Rating Method found in Appendix G of *ANSI/ASHRAE/IESNA Standard 90.1-2004, Energy Standard for Buildings Except Low-Rise Residential Buildings* , January 2004 (incorporated by reference, see ( 433.3), except the formula for calculating the Performance Rating in paragraph G1.2 shall read as follows: Percentage improvement = 100 x (Baseline building consumption—Proposed building consumption)/ (Baseline building consumption—Receptacle and process loads).

(b)Each Federal agency shall consider laboratory fume hoods and kitchen ventilation systems as part of the ASHRAE-covered HVAC loads subject to the 30 percent savings requirements, rather than as process loads. § 433.6 Sustainable principles for siting, design and construction. [Reserved] § 433.7 Water used to achieve energy efficiency. [Reserved] § 433.8 Life-cycle costing. Each Federal agency shall determine life-cycle cost-effectiveness by using the procedures set out in subpart A of part 436. A Federal agency may choose to use any of four methods, including lower life-cycle costs, positive net savings, savings-to-investment ratio that is estimated to be greater than one, and an adjusted internal rate of return that is estimated to be greater than the discount rate as listed in OMB Circular Number A-94 “Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs.” PART 434—ENERGY CODE FOR NEW FEDERAL COMMERCIAL AND MULTI-FAMILY HIGH RISE RESIDENTIAL BUILDINGS 2. Amend part 434 by revising the part heading to read as set forth above. 3. The authority citation for part 434 continues to read as follows: Authority: 42 U.S.C. 6831-6832, 6834-6836; 42 U.S.C. 8253-54; 42 U.S.C. 7101, *et seq.* 4. Section 434.100 is revised to read as follows: § 434.100 Purpose. The provisions of this part provide minimum standards for energy efficiency for the design of new Federal commercial and multi-family high rise residential buildings, for which design for construction began before January 3, 2007. The performance standards are designed to achieve the maximum practicable improvements in energy efficiency and increases in the use of non-depletable sources of energy. This rule is based upon the ASHRAE/IESNA Standard 90.1-1989 and addenda b, c, d, e, f, g, and i. (This document is available from the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA.) It is not incorporated by reference in this document, but is mentioned for informational purposes only. 5. In § 434.101, revise paragraph 101.1 to read as follows: § 434.100 Scope. 101.1 This part provides design requirements for the building envelope, electrical distribution systems and equipment for electric power, lighting, heating, ventilating, air conditioning, service water heating and energy management. It applies to new Federal multi-family high rise residential buildings and new Federal commercial buildings, for which design for construction began before January 3, 2007. PART 435—ENERGY EFFICIENCY STANDARDS FOR NEW FEDERAL LOW-RISE RESIDENTIAL BUILDINGS 6. The authority citation for part 435 continues to read as follows: Authority: 42 U.S.C. 6831-6832, 6834-6835; 42 U.S.C. 8253-54; 42 U.S.C. 7101 *et seq.* 7. Amend part 435 to add Subpart A to read as follows: Subpart A—Mandatory Energy Efficiency Standards for Federal Low-Rise Residential Buildings. Sec. 435.1 Purpose and scope. 435.2 Definitions. 435.3 Material incorporated by reference. 435.4 Energy efficiency performance standard. 435.5 Performance level determination. 435.6 Sustainable principles for siting, design and construction. [Reserved] 435.7 Water used to achieve energy efficiency. [Reserved] 435.8 Life-cycle costing. § 435.1 Purpose and scope. This part establishes energy efficiency performance standard for the construction of new Federal low-rise residential buildings as required by section 305(a) of the Energy Conservation and Production Act, as amended (42 U.S.C. 6834(a)). § 435.2 Definitions. For purposes of this part, the following terms, phrases and words shall be defined as follows: *Baseline building* means a new Federal low-rise residential building that is otherwise identical to the proposed building but is designed to meet but not exceed the energy efficiency specifications in the *ICC International Energy Conservation Code, 2004 Supplement Edition,* January 2005 (incorporated by reference, see § 435.3). *DOE* means U.S. Department of Energy. *Federal agency* means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, including the United States Postal Service, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation. *ICC* means International Code Council. *IECC* means International Energy Conservation Code. *Life-cycle cost* means the total cost related to energy conservation measures of owning, operating and maintaining a building over its useful life as determined in accordance with 10 CFR part 436. *Life-cycle cost-effective* means that the proposed building has a lower life-cycle cost than the life-cycle costs of the baseline building, as described by 10 CFR 436.19, or has a positive estimated net savings, as described by 10 CFR 436.20, or has a savings-to-investment ratio estimated to be greater than one, as described by 10 CFR 436.21; or has an adjusted internal rate of return, as described by 10 CFR 436.22, that is estimated to be greater than the discount rate as listed in OMB Circular Number A-94 “Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs.” *Low-rise residential building* means any building three stories or less in height above grade that includes sleeping accommodations where the occupants are primarily permanent in nature (30 days or more). *New Federal building* means any building to be constructed by, or for the use of, any Federal agency which is not legally subject to State or local building codes or similar requirements. *Proposed building* means the building design of a new Federal low-rise residential building proposed for construction. § 435.3 Material incorporated by reference.

(a)*General.* DOE incorporates by reference the energy performance standard listed in paragraph

(b)of this section into 10 CFR Part 435 subpart A. The Director of the Federal Register has approved the material listed in paragraph

(b)of this section for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Any subsequent amendment to this material by the standard-setting organization will not affect the DOE building energy performance standard unless and until DOE amends its building energy performance standards. DOE incorporates the material as it exists on the date specified in the approval and a notice of any change in the material will be published in the **Federal Register** .

(b)*List of standards incorporated by reference.* *ICC International Energy Conservation Code (IECC), 2004 Supplement Edition,* January 2005, International Code Council, ISBN 7801S04.

(c)*Availability of references.* The building energy performance standard incorporated by reference is available for inspection at:

(1)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/code_of_federal_regulations/ibr_locations.html*

(2)U.S. Department of Energy, Forrestal Building, Room 1M-048 (Resource Room of the Federal Energy Management Program), 1000 Independence Avenue, SW., Washington, DC 20585-0121,

(202)586-9138, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

(d)*Obtaining copies of standards.* The building energy performance standard incorporated by reference may be obtained from the following source: the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, *http://www.iccsafe.org/e/category.html* § 435.4 Energy efficiency performance standard.

(a)All Federal agencies shall design new Federal low-rise residential buildings, for which design for construction began on or after January 3, 2007, to:

(1)Meet *ICC International Energy Conservation Code, 2004 Supplement Edition,* January 2005 (incorporated by reference, see § 435.3), and

(2)If life-cycle cost-effective, achieve energy consumption levels, calculated consistent with paragraph

(b)of this section, that are at least 30 percent below the levels of the baseline building.

(b)Energy consumption for the purposes of calculating the 30 percent savings shall include space heating, space cooling, and domestic water heating.

(a)of this section. § 435.5 Performance level determination. Each Federal agency shall determine energy consumption levels for both the baseline building and proposed building by using the Simulated Performance Alternative found in section 404 of the *ICC International Energy Conservation Code, 2004 Supplement Edition,* January 2005 (incorporated by reference, see § 435.3). § 435.6 Sustainable principles for siting, design and construction. [Reserved] § 435.7 Water used to achieve energy efficiency. [Reserved] § 435.8 Life-cycle costing. Each Federal agency shall determine life-cycle cost-effectiveness by using the procedures set out in subpart A of 10 CFR part 436. A Federal agency may choose to use any of four methods, including lower life-cycle costs, positive net savings, savings-to-investment ratio that is estimated to be greater than one, and an adjusted internal rate of return that is estimated to be greater than the discount rate as listed in OMB Circular Number A-94 “Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs.” Subpart C—Mandatory Energy Efficiency Standards for Federal Residential Buildings. 8. Amend part 435 to revise the heading of Subpart C to read as set forth above. 9. Amend § 435.300 to revise paragraphs

(b)and

(c)to read as follows: § 435.300 Purpose.

(b)Voluntary energy conservation performance standards prescribed under this subpart shall be developed solely as guidelines for the purpose of providing technical assistance for the design of energy conserving buildings, and shall be mandatory only for the Federal buildings for which design for construction began before January 3, 2007.

(c)The energy conservation performance standards will direct Federal policies and practices to ensure that cost-effective energy conservation features will be incorporated into the designs of all new Federal residential buildings for which design for construction began January 3, 2007. 10. Amend § 435.301 to revise paragraph

(a)to read as follows: § 435.301 Scope.

(a)The energy conservation performance standards in this subpart will apply to all Federal residential buildings for which design of construction began before January 3, 2007 except multifamily buildings more than three stories above grade. 11. Amend § 435.303 to revise the section heading and paragraphs

(a)and

(b)to read as follows: § 435.303 Requirements for the design of a Federal residential building.

(a)The head of each Federal agency responsible for the construction of Federal residential buildings shall establish an energy consumption goal for each residential building to be designed or constructed by or for the agency, for which design for construction began before January 3, 2007.

(b)The energy consumption goal for a Federal residential building for which design for construction began before January 3, 2007, shall be a total point score derived by using the micro-computer program and user manual entitled “Conservation Optimization Standard for Savings in Federal Residences (COSTSAFR),” unless the head of the Federal agency shall establish more stringent requirements for that agency. [FR Doc. E6-20439 Filed 12-1-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26112; Directorate Identifier 2006-NE-35-AD; Amendment 39-14837; AD 2006-24-08] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney Canada (P&WC) PW535A Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. 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. The MCAI describes the unsafe condition as fuel manifold leakage that could result in engine fire, in-flight shutdown or damage to the airframe. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective December 19, 2006. The Director of the Federal Register approved the incorporation by reference of P&WC Alert Service Bulletin PW500-72-A30314, dated September 27, 2006, listed in the AD as of December 19, 2006. ADDRESSES: You may send comments by any of the following methods: • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Fax:

(202)493-2251. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • 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. • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. 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 this proposed AD, 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. FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7178; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion Transport Canada, which is the aviation authority for Canada, has issued Airworthiness Directive CF-2006-22, dated October 26, 2006 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states that there have been three reported incidents of PW535A engines leaking fuel in service. Investigation revealed the manufacturing process of the fuel manifold introduced characteristics that have resulted in a loss of sealing at a crimped joint. PW535A engine fuel manifold leakage that could result in engine fire, in-flight shutdown or damage to the airframe. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Pratt & Whitney Canada has issued Alert Service Bulletin PW500-72-A30314, dated September 27, 2006. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all the information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. 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 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 take precedence over the actions copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the flight hours per month of some operators exceed the compliance time of 50 hours. The statistical mean operating hours per month is 37.8 hours with a maximum of approximately 110 hours per month for some operators based on a 1,710-engine sample size. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2006-26112; Directorate Identifier 2006-NE-35-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. 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 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. 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: **2006-24-08 Pratt & Whitney Canada** : Amendment 39-14837. Docket No. FAA-2006-26319; Directorate Identifier 2006-NE-35-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective December 19, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Pratt & Whitney Canada (P&WC) PW535A turbofan engines that have fuel manifold, part number (P/N) 3025267-01, installed. These engines are installed on, but not limited to Cessna Airplane Co. model 560 Citation Ultra Encore airplanes. Reason

(d)There have been three reported incidents of PW535A engines leaking fuel in service. Investigation revealed the manufacturing process of the fuel manifold introduced characteristics that have resulted in a loss of sealing at a crimped joint. PW535A fuel manifold leakage that could result in engine fire, in-flight shutdown or damage to the airframe. Actions and Compliance

(e)Accomplish the following, in accordance with the instructions of P&WC Alert Service Bulletin PW500-72-A30314, dated September 27, 2006.

(1)For engines with fuel manifold, part number (P/N) 3052627-01, that has a total time since new

(TTSN)of 1500 flight hours or higher: Within 50 flight hours or 60 days after the effective date of this AD, whichever occurs first, replace fuel manifold, P/N 3052627-01, with a serviceable part.

(2)For engines with fuel manifold, part number (P/N) 3052627-01, that has less than a total time since new

(TTSN)of 1500 flight hours: Within 150 flight hours or 90 days after the effective date of this AD, whichever occurs first, replace fuel manifold, P/N 3052627-01, with a serviceable part. Definition

(f)A serviceable part is any replacement part except fuel manifold, P/N 3052627-01. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows:

(1)This AD is applicable to any engine that has fuel manifold, (P/N) 3052627-01, installed.

(2)This AD allows replacing fuel manifold P/N 3052627-01 with a serviceable part as defined in paragraph

(f)of this AD. Other FAA AD Provisions

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

(1)Alternative Methods of Compliance (AMOCs): The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(2)Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(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)Refer to MCAI Transport Canada Airworthiness Directive CF-2006-22, dated October 26, 2006, and P&WC Alert Service Bulletin PW500-72-A30314, dated September 27, 2006, for related information.

(i)Contact: Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA, 01803; telephone

(781)238-7178; fax

(781)238-7199, for more information about this AD. Material Incorporated by Reference

(j)You must use Pratt & Whitney Canada Alert Service Bulletin PW500-72-A30314, dated September 27, 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 Pratt and Whitney Canada Customer Help Desk at 1-800-268-8000.

(3)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 November 22, 2006. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6-20204 Filed 12-1-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2004-19961; Directorate Identifier 2004-CE-48-AD; Amendment 39-14839; AD 2006-24-10] RIN 2120-AA64 Airworthiness Directives; Air Tractor, Inc. Models AT-501, AT-502, AT-502A, AT-502B, and AT-503A Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for certain Air Tractor, Inc. Models AT-501, AT-502, AT-502A, AT-502B, and AT-503A airplanes, which supersedes AD 2002- 26-05 and AD 2002-11-05 R1. Since we issued AD 2002-26-05 and AD 2002-11-05 R1, we determined that additional airplanes should be added to the applicability section and determined the safe life for new production airplanes and replacement spar caps should be extended. We also developed an alternative method of compliance

(AMOC)to the requirements of this AD. This AD retains the actions required in AD 2002-26-05 and AD 2002-11-05 R1, adds additional airplanes to the Applicability section, extends the safe life for new production airplanes and replacement spar caps, and incorporates an AMOC. We are issuing this AD to prevent fatigue cracks from occurring in the wing lower spar cap before the established safe life is reached. Fatigue cracks in the wing lower spar cap could result in failure of the spar cap and lead to wing separation. DATES: This AD becomes effective on January 8, 2007. As of January 8, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES: For service information identified in this AD, contact Air Tractor, Incorporated, P.O. Box 485, Olney, Texas 76374; or Marburger Enterprises, Inc., 1227 Hillcourt, Williston, North Dakota 58801; telephone:

(800)893-1420 or

(701)774-0230; facsimile:

(701)572-2602. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on the Internet at *http://dms.dot.gov.* The docket number is FAA-2004-19961; Directorate Identifier 2004-CE-48AD. FOR FURTHER INFORMATION CONTACT: Direct all questions to: • For the airplanes that do not incorporate and never have incorporated Marburger Enterprises, Inc. winglets: Rob Romero, Aerospace Engineer, FAA, Fort Worth Airplane Certification Office, 2601 Meacham Boulevard, Fort Worth, Texas 76193-0150; telephone:

(817)222-5102; facsimile:

(817)222-5960; e-mail: *robert.a.romero@faa.gov* ; and • For airplanes that incorporate or have incorporated Marburger Enterprises, Inc. winglets: John Cecil, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, 3960 Paramount Boulevard, Lakewood, California 90712; telephone:

(562)627-5228; facsimile:

(562)627-5210. SUPPLEMENTARY INFORMATION: Discussion On August 3, 2006, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain Air Tractor, Inc. Models AT-501, AT-502, AT-502A, AT-502B, and AT-503A airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on August 9, 2006 (71 FR 45457). The NPRM proposed to supersede AD 2002-26-05 and AD 2002-11-05 R1 with a new AD that would: • retain the actions required in AD 2002-26-05 and AD 2002-11-05 R1; • add additional airplanes to the Applicability section; • incorporate an alternative method of compliance

(AMOC)to the requirements of this AD; and • extend the safe life for new production airplanes and replacement spar caps. The table below summarizes the effects this AD will have on the airplane models affected by this AD: Model Proposed Action AT-501 • Supersede AD 2002-11-05 R1. • Retain the safe lives from AD 2002-11-05 R1. • Provide an AMOC that allows extension of the safe life through an inspection and modification program. AT-502 • Supersede AD 2002-26-05. • Retain the safe lives from AD 2002-26-05 and add S/Ns to applicability. AD 2002-26-05 provided safe lives for S/Ns 0003 through 0236. Proposed action applies the same safe life to all S/Ns beginning with 0003. • Provide an AMOC that allows extension of the safe life through an inspection and modification program. AT-502A • Supersede AD 2002-26-05. • Retain the safe lives from AD 2002-26-05. • Provide an AMOC that allows extension of the safe life through an inspection and modification program. AT-502B • Supersede AD 2002-26-05. • Retain the safe lives from AD 2002-26-05 for S/Ns 0187 through 0654, except 0643. • Increase the safe lives beyond those listed in AD 2002-26-05 for S/Ns 0655 and greater, as well as S/N 0643. • Add requirement to cold work outboard wing center splice block bolt holes in the lower spar cap on S/Ns 0643 and 0655 through 0692. • Provide an AMOC that allows extension of the safe life through an inspection and modification program for S/Ns 187 through 654, except 643. AT-503A • Supersede AD 2002-26-05. • Retain the safe lives from AD 2002-26-05. • Provide an AMOC that allows extension of the safe life through an inspection and modification program. Comments We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 500 airplanes in the U.S. registry. We estimate the following costs to do each inspection: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 8 work-hours × $80 per hour = $640 No parts required for inspection $640 $640 × 500 = $320,000 We estimate the following costs to do the modification: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 120 work-hours × $80 per hour = $9,600 Approximately $3,700 $9,600 + $3,700 = $13,300 $13,300 × 500 = $6,650,000 We estimate the following costs to do the replacement: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 254 work-hours × $80 per hour = $20,320 Approximately $16,500 $20,320 + $16,500 = $36,820 $36,820 × 500 = $18,410,000 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 AD. 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 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 other information as included in the Regulatory Evaluation) 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 “Docket No. FAA-2004-19961; Directorate Identifier 2004-CE-48-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 Accordingly, 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. FAA amends § 39.13 by removing Airworthiness Directive

(AD)2002-26-05, Amendment 39-12991 (68 FR 18, January 2, 2003) and AD 2002-11-05 R1, Amendment 39-14564 (71 FR 19628, April 17, 2006), and by adding a new AD to read as follows: 2006-24-10 Air Tractor, Inc.: Amendment 39-14839; Docket No. FAA-2004-19961; Directorate Identifier 2004-CE-48-AD. Effective Date

(a)This AD becomes effective on January 8, 2007. Affected ADs

(b)This AD supersedes AD 2002-26-05, Amendment 39-12991, and AD 2002-11-05 R1, Amendment 39-14564. Applicability

(c)This AD applies to certain Models AT-501, AT-502, AT-502A, AT-502B, and AT-503A airplanes. Use Table 1 in paragraph (c)(1) of this AD for airplanes that do not incorporate and never have incorporated Marburger Enterprises, Inc. (Marburger) winglets. Use Table 2 in paragraph (c)(4) of this AD for certain AT-500 series airplanes that incorporate or have incorporated Marburger winglets.

(1)The following table applies to airplanes (certificated in any category) that do not incorporate and never have incorporated Marburger winglets along with the safe life (presented in hours time-in-service (TIS)) of the wing lower spar cap for all affected airplane models and serial numbers: Table 1.—Safe Life for Airplanes that do not Incorporate and Never Have Incorporated Marburger Winglets Model Serial Nos. Wing lower spar cap safe life AT-501 0002 through 0061 4,531 hours TIS. AT-501 All serial numbers beginning with 0062 7,693 hours TIS. AT-502 All serial numbers beginning with 0003 1,650 hours TIS. AT-502A All serial numbers beginning with 0158 1,650 hours TIS. AT-502B 0187 through 0654, except 0643 1,650 hours TIS. AT-502B 0643, and 0655 through 0692 9,000 hours TIS. AT-502B 0693 through 0701 9,500 hours TIS. AT-502B All serial numbers beginning with 0702 9,800 hours TIS. AT-503A All serial numbers beginning with 0067 1,650 hours TIS.

(2)If piston-powered airplanes have been converted to turbine power, you must use the limits for the corresponding serial number (S/N) turbine-powered airplanes.

(3)Airplanes that have been modified to install lower spar caps, part numbers (P/N) 21058-1 and 21058-2, should use a safe life of 9,800 hours TIS.

(4)The following table applies to airplanes (certificated in any category) that incorporate or have incorporated Marburger winglets. These winglets are installed following Supplemental Type Certificate

(STC)SA00490LA. Use the winglet usage factor in Table 2 of this paragraph, the safe life specified in Table 1 in paragraph (c)(1) of this AD, and the instructions included in Appendix 1 to this AD to determine the new safe life of airplanes that incorporate or have incorporated Marburger winglets: Table 2.—Winglet Usage Factor To Determine the Safe Life for Airplanes That Incorporate or Have Incorporated Marburger Winglets Installed Following STC SA00490LA Model Serial numbers Winglet usage factor AT-501 0002 through 0061 1.6 AT-501 All serial numbers beginning with 0062 1.6 AT-502 0003 through 0236 1.6 AT-502A 0158 through 0238 1.6 AT-502A All serial numbers beginning with 0239 1.2 AT-502B All serial numbers beginning with 0187 1.2

(5)Model AT-502B airplanes, S/N 0643, all S/Ns beginning with 0655, and all other airplanes that have been modified with replacement spar caps, P/N 21058-1 and P/N 21058-2, are not eligible to have STC SA00490LA installed without additional fatigue data being provided to the FAA at the address in paragraph

(f)of this AD. Unsafe Condition

(d)This AD is the result of service reports and analysis done on wing lower spar caps of Air Tractor, Inc. airplanes. The actions specified by this AD are intended to prevent fatigue cracks from occurring in the wing lower spar cap before the established safe life is reached. Fatigue cracks in the wing lower spar cap, if not detected and corrected, could result in failure of the spar cap and lead to wing separation and loss of control of the airplane. Compliance

(e)To address this problem, you must do the following: Actions Compliance Procedures

(1)*For all affected airplanes:* Modify the applicable airplane records (logbook) as follows to show the reduced safe life for the wing lower spar cap (use the information from Table 1 in paragraph (c)(1), Table 2 in paragraph (c)(4), and Appendix 1 of this AD, as applicable):

(i)Incorporate the following into the airplane logbook “In accordance with AD 2006-24-10 (AD 2002-26-05 or AD 2002-11-05, as applicable) the wing lower spar cap is life limited to _.” Insert the applicable safe life number from the applicable tables in paragraphs (c)(1) and (c)(4) of this AD and Appendix 1 of this AD

(ii)If, as of the time of the logbook entry requirement of paragraph (e)(1)(i) of this AD, your airplane is over or within 50 hours of the safe life, an additional 50 hours TIS after the effective date of this AD is allowed to do the replacement. *For airplanes previously affected by AD 2002-26-05:* Do the logbook entry within the next 10 hours TIS after January 15, 2003 (the effective date of AD 2002-26-05). *For airplanes not previously affected by AD 2002-26-05:* Do the logbook entry within the next 10 hours TIS after January 8, 2007 (the effective date of this AD), unless already done. The logbook language for AT-501 airplanes is referenced as AD 2002-11-05 instead of AD 2002-11-05 R1 to maintain continuity and assures no further action is necessary *Airplane Records Modification:* The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may modify the airplane records as specified in paragraph (e)(1) of this AD. Make an entry into the airplane records showing compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). *Spar Cap Replacement:* Do the replacement when the safe life is reached following Snow Engineering Drawing Number 21050, Snow Engineering Service Letters #197 or #205, both revised March 26, 2001, as applicable. The owner/operator may not do the spar cap modification/replacement, unless he/she holds the proper mechanic authorization.

(2)To extend the safe life of the wing lower spar cap for certain airplanes, you may eddy-current inspect and modify the wing lower spar cap. The inspection schedule, modification procedures, and list of eligible airplanes are included in Appendix 2 to this AD Inspection schedule included as part of the alternative method of compliance

(AMOC)in Appendix 2 to this AD Procedures included as part of the AMOC in Appendix 2 to this AD.

(3)*For all affected airplanes:* Report to the FAA any cracks detected as the result of each inspection required by paragraph (e)(2) of this AD on the form in Figure 1 of this AD. The Office of Management and Budget

(OMB)approved the information collection requirements contained in this regulation under the provisions of the Paperwork Reduction Act and assigned OMB Control Number 2120-0056 Only if cracks are found, send the report within 10 days after the inspection required in paragraph (e)(2) of this AD Send the form (Figure 1 of this AD) to FAA, Fort Worth Airplane Certification Office, Attn: Rob Romero, 2601 Meacham Boulevard, Fort Worth, Texas 76193-0150; telephone:

(817)222-5102; facsimile:

(817)222-5960.

(4)*For Model AT-502B airplanes, S/Ns 502B-0643 and 502B-0655 through 502B-0692:* Cold work the left-hand and right-hand two outboard wing center splice block bolt holes (4 total) in the lower spar cap Before accumulating 2,000 hours TIS or within the next 100 hours TIS after January 8, 2007 (the effective date of this AD), whichever occurs later Following Snow Engineering Service Letter #244, dated April 25, 2005.

(5)*For all affected airplanes:* Airplanes that have the two-part modification done following the applicable service bulletins (Snow Engineering Service Letters #197 or #205, both revised March 26, 2001; or Snow Engineering Service Letter #244, dated April 25, 2005), but have over-sized outboard bolt holes at the splice block, must obtain an AMOC from FAA as specified in paragraph

(f)of this AD to determine applicable inspection intervals Not applicable Not applicable. BILLING CODE 4910-13-P ER04DE06.000 BILLING CODE 4910-13-C Alternative Methods of Compliance (AMOCs)

(f)The Manager, Fort Worth or Los Angeles Airplane Certification Office (ACO), as applicable (see paragraphs (f)(1)(i) and (f)(2)(ii) of this AD below for specific contacts), has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(1)For information on any already approved AMOCs, contact:

(i)For the airplanes that do not incorporate and never have incorporated Marburger Enterprises, Inc. winglets: Rob Romero, Aerospace Engineer, FAA, Fort Worth ACO, 2601 Meacham Boulevard, Fort Worth, Texas 76193-0150; telephone:

(817)222-5102; facsimile:

(817)222-5960; e-mail: *robert.a.romero@faa.gov.*

(ii)For airplanes that incorporate or have incorporated Marburger Enterprises, Inc. winglets: John Cecil, Aerospace Engineer, Los Angeles ACO, FAA, 3960 Paramount Boulevard, Lakewood, California 90712; telephone:

(562)627-5228; facsimile:

(562)627-5210.

(2)AMOCs approved for AD 2001-10-04 and/or AD 2000-14-51 are not considered approved for this AD.

(3)AMOCs approved for AD 2001-10-04 R1, AD 2002-11-03, AD 2002-11-05, AD 2002-11-05 R1, or AD 2002-26-05 are considered approved for this AD. Special Flight Permit

(g)Under 14 CFR part 39.23, we are limiting the special flight permits for this AD by the following conditions:

(1)Operate only in day visual flight rules (VFR).

(2)Ensure that the hopper is empty.

(3)Limit airspeed to 135 miles per hour

(mph)indicated airspeed (IAS).

(4)Avoid any unnecessary g-forces.

(5)Avoid areas of turbulence.

(6)Plan the flight to follow the most direct route. Material Incorporated by Reference

(h)You must use the service information specified in Table 3 of this AD 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 Air Tractor, Incorporated, P.O. Box 485, Olney, Texas 76374.

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, 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/code_of_federal_regulations/ibr_locations.html.* Table 3.—Material Incorporated by Reference Service Bulletin No. Page Revision Date Snow Engineering Drawing Number 21050 Sheet 1 and Sheet 3 Not applicable January 30, 2003. Sheet 2 Not applicable February 1, 2003. Snow Engineering Service Letter #197 1 and 2 Not applicable March 26, 2001. 3 Not applicable June 13, 2000. Snow Engineering Service Letters #205 1, 2, and 4 Not applicable March 26, 2001. 3 Not applicable October 25, 2000. Snow Engineering Service Letter #244 1 through 12 Not applicable April 25, 2005. Appendix 1 to AD 2006-24-10 The following provides procedures for determining the safe life for those Models AT-501, AT-502, AT-502A, and AT-502B airplanes that incorporate or have incorporated Marburger Enterprises, Inc. (Marburger) winglets. These winglets are installed in accordance with Supplemental Type Certificate

(STC)No. SA00490LA. *If you have removed the Marburger winglets before further flight after the effective date of this AD or before the effective date of this AD, do the following:* 1. Review your airplane's logbook to determine your airplane's time-in-service

(TIS)with winglets installed per Marburger STC No. SA00490LA. This includes all time spent with the winglets currently installed and any previous installations where the winglet was installed and later removed. *Example:* A review of your airplane's logbook shows that you have accumulated 350 hours TIS since incorporating the Marburger STC. Further review of the airplane's logbook shows that a previous owner had installed the STC and later removed the winglets after accumulating 150 hours TIS. Therefore, your airplane's TIS with the winglets installed is 500 hours. If you determine that the winglet STC has never been incorporated on your airplane, then your safe life is presented in Table 1 in paragraph (c)(1) of this AD. Any future winglet installation will be subject to a reduced safe life per these instructions. 2. Determine your airplane's unmodified safe life from Table 1 in paragraph (c)(1) of this AD. *Example:* Your airplane is a Model AT-502B, serial number (S/N) 0292. From Table 1 in paragraph (c)(1) of this AD, the unmodified safe-life of your airplane is 1,650 hours TIS. All examples from hereon will be based on the Model AT-502B, S/N 0292 airplane. 3. Determine the winglet usage factor from Table 2 in paragraph (c)(4) of this AD. *Example:* Again, your airplane is a Model AT-502B, S/N 0292. From Table 2 in paragraph (c)(4) of this AD, your winglet usage factor is 1.2. 4. Adjust the winglet TIS to account for the winglet usage factor. Multiply the winglet TIS (result of Step 1 above) by the winglet usage factor (result of Step 3 above). *Example:* Winglet TIS is 500 hours X a winglet usage factor of 1.2. The adjusted winglet TIS is 600 hours. 5. Calculate the winglet usage penalty. Subtract the winglet TIS (result of Step 1 above) from the adjusted winglet TIS (result of Step 4 above). *Example:* Adjusted winglet TIS—the winglet TIS = Winglet usage penalty. (600 hours TIS)—(500 hours TIS) = (100 hours TIS). 6. Adjust the safe life of your airplane to account for winglet usage. Subtract the winglet usage penalty (result of Step 5 above) result from the unmodified safe life from Table 1 in paragraph (c)(1) of this AD (the result of Step 2 above). *Example:* Unmodified safe life—winglet usage penalty = Adjusted safe life. (1,650 hours TIS)—(100 hours TIS) = (1,550 hours TIS). 7. If you remove the winglets from your airplane before further flight or no longer have the winglets installed on your airplane, the safe life of your airplane is the adjusted safe life (result of Step 6 above). Enter this number in paragraph (e)(1)(i) of this AD and the airplane logbook. *If you have the Marburger winglets installed as of the effective date of this AD and plan to operate your airplane without removing the winglets, do the following:* 1. Review your airplane's logbook to determine your airplane's TIS without the winglets installed. *Example:* A review of your airplane's logbook shows that you have accumulated 1,500 hours TIS, including 500 hours with the Marburger winglets installed. Therefore, your airplane's TIS without the winglets installed is 1,000 hours. 2. Determine your airplane's unmodified safe life from Table 1 in paragraph (c)(1) of this AD. *Example:* Your airplane is a Model AT-502B, S/N 0292. From Table 1 in paragraph (c)(1) of this AD, the unmodified safe life of your airplane is 1,650 hours TIS. All examples from hereon will be based on the Model AT-502B, S/N 0292 airplane. 3. Determine the winglet usage factor from Table 2 in paragraph (c)(4) of this AD. *Example:* Again, your airplane is a Model AT-502B, S/N 0292. From Table 2 in paragraph (c)(4) of this AD, your winglet usage factor is 1.2. 4. Determine the potential winglet TIS. Subtract the TIS without the winglets installed (result of Step 1 above) from the unmodified safe life (result of Step 2 above). *Example:* Unmodified safe life—TIS without winglets = Potential winglet TIS. (1,650 hours TIS)—(1,000 hours TIS) = (650 hours TIS). 5. Adjust the potential winglet TIS to account for the winglet usage factor. Divide the potential winglet TIS (result of Step 4 above) by the winglet usage factor (result of Step 3 above). *Example:* Potential winglet TIS winglet usage factor = Adjusted potential winglet TIS. (650 hours TIS) (1.2) = (541 hours TIS). 6. Calculate the winglet usage penalty. Subtract the adjusted potential winglet TIS (result of Step 5 above) from the potential winglet TIS (result of Step 4 above). *Example:* Potential winglet TIS—adjusted potential winglet TIS = Winglet usage penalty. (650 hours TIS)—(541 hours TIS) = (109 hours TIS). 7. Adjust the safe life of your airplane to account for the winglet installation. Subtract the winglet usage penalty (result of Step 6 above) from the unmodified safe life from Table 1 in paragraph (c)(1) of this AD (the result of Step 2 above). *Example:* Unmodified safe life—winglet usage penalty = Adjusted safe life. (1,650 hours TIS)—(109 hours TIS) = (1,541 hours TIS). 8. Enter the adjusted safe life (result of Step 7 above) in paragraph (e)(1)(i) of this AD and the airplane logbook. *If you install or remove the Marburger winglets from your airplane in the future, do the following:* If, at anytime in the future, you install or remove the Marburger winglets STC from your airplane, you must repeat the procedures in this Appendix to determine the airplane's safe life. Appendix 2—Alternative Method of Compliance

(AMOC)to AD 2006-24-10; Optional Inspection Program For all airplanes listed in this AD; except for Model AT-502B airplanes, serial number (S/N) 0643 and all S/Ns beginning with 0655, and those airplanes that have been modified with the replacement spar caps, part number (P/N) 21058-1 and P/N 21058-2; you may begin a repetitive inspection interval program as an alternative to the safe life requirement of this AD with the following provisions: For the Model AT-501 airplanes affected by this AD, you may elect to follow this AMOC program and continue to operate your airplane up to 8,000 hours TIS, provided you comply with this AMOC in its entirety. If at the time of the effective date of this AD, you are over 1,600 hours TIS (the time required for the first inspection), you must inspect within 50 hours TIS. If at the time of the effective date of this AD, you are over 4,000 hours TIS (the time required for 2-part modification), you must have the modification done within 50 hours TIS. If you choose not to follow this inspection program, then you must replace your lower spar caps and associated hardware at the applicable safe life listed in this AD following the procedures in paragraph (e). *For airplanes that do not and never have had Marburger Enterprise, Inc. winglets installed following Supplemental Type Certificate

(STC)SA00490LA:* 1. Upon accumulating 1,600 hours time-in-service

(TIS)or within the next 50 hours TIS after January 8, 2007 (the effective date of AD 2006-24-10), whichever occurs later, eddy-current inspect the outboard two lower spar cap bolt holes following Snow Engineering Process Specification #197, page 1, revised June 4, 2002; pages 2 through 5, revised May 3, 2002. The inspection must be done by one of the following: a. A Level 2 or Level 3 inspector that is certified for eddy-current inspection using the guidelines established by the American Society for Nondestructive Testing or MIL-STD-410; or b. A person authorized to do AD work and has completed and passed the Air Tractor, Inc. training course on Eddy Current Inspection on wing lower spar caps. 2. Repeat these inspections at intervals of (as applicable): a. 800 hours TIS (all S/Ns except as noted in b); or b. 600 hours TIS (S/Ns 502B-0187 through 502B-0618 that do not have P/N 20998-1/-2 web plate installed). c. If the outboard two lower spar cap bolt holes have been cold worked following Snow Engineering Service Letter # 233, dated May 18, 2004, then you may double (1,600 hours TIS or 1,200 hours TIS, as applicable) the inspection interval (See Step 8—re: mid cycle cold work). d. Your logbook entry must include the work done and the inspection intervals that are upcoming, as follows: “Following AD 2006-24-10, at XXXX {insert hours TIS of the initial pre-modification inspection} hours TIS an eddy-current inspection has been performed. As of now, the safe life listed in the AD no longer applies to this airplane. This airplane must be eddy-current inspected at intervals not to exceed {800/600/1,600/1,200, as applicable} hours TIS. The first of these inspections is due at {insert the total number of hours TIS the first of these inspections is due} hours TIS.” 3. If at any time a crack is found, and: a. The crack indication goes away by doing the modification following the applicable sheet of Snow Engineering Modification—Wing Centersplice—502, Drawing Number 20989, then you may modify your center splice following Snow Engineering Drawing 20989. After modification, proceed to Step 5. b. The crack indication does not go away by doing the modification following the applicable sheet of Snow Engineering Modification—Wing Centersplice—502, Drawing Number 20989, you must replace all parts and hardware listed in Step 7. c. Report to the FAA any cracks found using the form in Figure 1 of this AD. 4. For all S/Ns, upon accumulating 4,000 hours TIS, you must: a. Modify your center splice connection following the applicable sheet of Snow Engineering Modification—Wing Centersplice—502, Drawing Number 20989, unless already done following Snow Engineering Service Letter #197 or #205, both revised March 26, 2001, as applicable. The owners/operator may not do the spar cap modification unless that person holds the proper mechanic authorization. If, as of January 8, 2007 (the effective date of AD 2006-24-10), your airplane is over or within 50 hours of reaching the 4,000 hour TIS modification requirement, do the modification within the next 50 hours TIS. b. Before doing the modification, do an eddy-current inspection following Snow Engineering Process Specification #197, page 1, revised June 4, 2002; pages 2 through 5, revised May 3, 2002, unless already done following the applicable Snow Engineering Service Letter #197 or #205, both revised March 26, 2001. c. Your logbook entry must include the work done and the inspection intervals that are upcoming, as follows: “Following AD 2006-24-10, at XXXX {insert hours TIS of the modification} hours TIS an eddy-current inspection has been done. As of now, the safe life listed in the AD no longer applies to this airplane. This airplane must be eddy-current inspected at {insert the number of hours TIS at modification plus 1,600 hours TIS} hours TIS. 5. For all S/Ns, upon accumulating 1,600 hours TIS after modification, inspect the left-hand and right-hand outboard two lower spar cap bolt holes following Snow Engineering Process Specification #197, page 1, revised June 4, 2002; pages 2 through 5, revised May 3, 2002. 6. Repeat the inspection at intervals of: a. 800 hours TIS; or b. 1,600 hours TIS if the outboard two lower spar cap bolt holes have been cold worked following Snow Engineering Service Letter #234, dated May 18, 2004 (See Step 8). c. Your logbook entry must include the work done and the post-modification inspection intervals that are upcoming, as follows: “This airplane must be eddy-current inspected at intervals not to exceed {800/1,600, as applicable} hours TIS. The first of these inspections is due at {insert the total number of hours TIS the first of these inspections is due} hours TIS.” d. If a crack is found at any time, before further flight you must replace the lower spar caps, splice blocks, and wing attach angles and hardware. You must also notify the FAA using the form in Figure 1 of this AD. 7. Upon accumulating 8,000 hours TIS, before further flight you must replace the lower spar caps, splice blocks, and wing attach angles (P/N 20693-1), and associated hardware. No additional time will be authorized for airplanes that are at or over 8,000 hours TIS (see Step 9). 8. ( *Optional* ): If you decide to cold work your bolt holes following Snow Engineering Service Letter #233 or #234, both dated May 18, 2002, at a TIS that does not coincide with a scheduled inspection following this AD, then eddy-current inspect at the time of cold working and then begin the 1,600/1,200 hour TIS inspection intervals (2 times the intervals listed in Steps 2.a., 2.b., and 6.a. listed above). 9. ( *Optional* ): If you have modified your airplane in accordance with Step 4 above before accumulating 4,000 hours TIS, then you may continue to fly your airplane past (modification + 4,000 hours TIS) provided you cut your inspection intervals in half. Make a logbook entry following Step 6.c. above to reflect these reduced inspection intervals. Upon accumulating 8,000 hours TIS, you must comply with Step 7 above. *Example:* An AT-502B airplane had the two-part modification installed at 3,000 hours TIS and the bolt holes have not been cold worked. The first inspection would occur at 4,600 hours TIS. From Step 5, this is modification plus 1,600 hours TIS. *Example* (continued): Inspections would follow at 5,400 hours TIS, 6,200 hours TIS, and 7,000 hours TIS. From Step 6.a. above, this is 800-hour TIS inspection intervals. Regarding the inspection at 7,000 hours TIS (modification plus 4,000 hours TIS), this relates to the 8,000-hour TIS inspection from Step 7 above, which is modification plus 4,000 hours TIS, except in this example the modification took place at 3,000 hours TIS instead of 4,000 hours TIS as specified in Step 4 above. This airplane may continue to fly if inspected again at 7,400 hours TIS and 7,800 hours TIS, which is 400-hour TIS inspection intervals. This 400-hour TIS inspection interval corresponds to Step 9 where you cut your inspection interval from Step 6.a. in half. Upon accumulating 8,000 hours TIS (this is the same as Step 7 above), you must replace the parts listed in Step 7. *For airplanes that have or have had Marburger Enterprise, Inc. winglets installed following Supplemental Type Certificate

(STC)SA00490LA:* If you have removed the winglets, calculate new, reduced hours for Steps 1, 4, 5, and 7, as applicable, based on the winglet usage factor listed in Table 2 of paragraph (c)(4) and Appendix 2 of this AD. You may repetitively inspect at the same intervals listed in Step 2 above provided that you do not re-install the winglets. *Example:* An AT-502 airplane, S/N 502-0200, had winglets installed at 200 hours TIS and removed at 800 hours TIS. *The winglet usage factor is:* 1.6 *Calculate equivalent hours:* 600 hours TIS with winglets × 1.6 = 960 hours TIS Winglet usage penalty = 960 − 600 = 360 New Step 1 Pre-Modification Initial Inspection Time = 1,600 − 360 = 1,240 hours TIS Retained Step 2 Pre-Modification Inspection Interval: Since the winglets are removed, the Pre-Modification Inspection Interval remains 800 hours TIS New Step 4 Modification time = 4,000 − 360 = 3,640 hours TIS New Step 5 Post-Modification Initial Inspection time = 3,640 + 1,600 = 5,240 hours TIS Retained Step 6 Post-Modification Inspection interval: Since the winglets are removed the Post-Modification Inspection interval remains at 800/1,600 hours TIS. New Step 7 replacement time = 8,000 − 360 = 7,640 hours TIS Use the Retained Step 2 interval, the New Step 5 time, and the Retained Step 6 interval to make appropriate logbook entries for the pre- and post-modification intervals, using the format presented in Steps 2.d., 4.c., and 6.c. If you have not removed the winglets, then calculate new, reduced hours for Steps 1, 2, 4, 5, 6, and 7 above, as applicable, based on the winglet usage factor listed in Table 2 of paragraph (c)(4) of this AD and Appendix 2 of this AD. Repetitively inspect at the appropriate interval listed in the step above divided by the winglet usage factor. *Example:* An AT-502B, S/N 502B-0550, that has not had P/N 20998-1/-2 web plate installed and has had winglets on since new. *The winglet usage factor is:* 1.2 *New Step 1 Pre-modification initial inspection time:* 1,600 ÷ 1.2 = 1,333 hours TIS *New Step 2 Pre-modification inspection interval:* 600 ÷ 1.2 = 500 hours TIS *New Step 4 Modification time:* 4,000 ÷ 1.2 = 3,333 hours TIS *New Step 5 Post-modification initial inspection time:* 3,333 + 1,333 (1,600 ÷ 1.2) = 4,666 hours TIS *New Step 6 Post-modification inspection interval:* 800 ÷ 1.2 = 667 hours TIS *New Step 7 Replacement time:* 8,000 ÷ 1.2 = 6,667 hours TIS Use the reduced hours you calculate in New Step 2, New Step 5, and New Step 6 to make appropriate logbook entries for the pre- and post-modification inspection intervals, using the format presented in Steps 2.d., 4.c., and 6.c. above. Issued in Kansas City, Missouri, on November 22, 2006. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-20324 Filed 12-1-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26013; Directorate Identifier 2003-NE-21-AD; Amendment 39-14841; AD 2006-25-01] RIN 2120-AA64 Airworthiness Directives; International Aero Engines AG

(IAE)V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, and V2533-A5 Turbofan Engines AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive

(AD)for certain IAE V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, and V2533-A5 turbofan engines. That AD currently requires initial and repetitive inspections of the master magnetic chip detector

(MCD)or the No. 1, 2, 3 bearing chamber MCD. This AD requires the same MCD inspections. This AD also requires removing certain No. 3 bearings and removing certain high pressure compressure

(HPC)stubshaft assemblies as mandatory terminating actions to the repetitive MCD inspections. This AD results from IAE developing a terminating action to the repetitive inspections of the chip detectors, and from expanding the applicability to include additional serial-numbered engines with certain No. 3 bearings installed. We are issuing this AD to prevent failure of the No. 3 bearing, which could result in an in-flight shutdown

(IFSD)and smoke in the cockpit and cabin. DATES: This AD becomes effective January 8, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of January 8, 2007. ADDRESSES: You can get the service information identified in this AD from International Aero Engines AG, 400 Main Street, East Hartford, CT 06108; telephone:

(860)565-5515; fax:

(860)565-5510. You may examine the AD docket on the Internet at *http://dms.dot.gov* or in Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. FOR FURTHER INFORMATION CONTACT: James Rosa, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7152; fax

(781)238-7199. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed airworthiness directive (AD). The proposed AD applies to certain IAE V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, and V2533-A5 turbofan engines. We published the proposed AD in the **Federal Register** on September 17, 2003 (69 FR 54400). That action proposed to require initial and repetitive inspections of the master MCD or the No. 1, 2, 3 bearing chamber MCD. That proposal would also have required replacing certain No. 3 bearings and replacing or recoating certain HPC stubshaft assemblies as mandatory terminating actions to the repetitive MCD inspections. We also published a supplemental proposed AD in the **Federal Register** on January 17, 2006 (71 FR 2491). That action revised the proposed AD by expanding its applicability to include additional serial-numbered engines with certain No. 3 bearings installed. 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 Office 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. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Remove the Requirement To Rework or Replace the HPC Stubshaft on Certain Engines IAE and three air carriers request that we remove the requirement to rework or replace the stubshafts that have a low-energy plasma coating in engines that did not have No. 3 bearing, part number (P/N) 2A1165, as this is not necessary for safe operation. We agree. We changed the requirement from “at the next shop visit for any reason, replace the HPC stubshaft that has a low-energy plasma coating with an HPC stubshaft that has a high-energy plasma coating” to “at the next shop visit, for engines listed in Table 1 of Appendix 1 of IAE SB No. V2500-ENG-72-0452, Revision 4, dated September 30, 2005, with a serial number

(SN)from V10601 through V11335 inclusive, remove the HPC stubshaft that has a low-energy plasma coating.” Table 1 lists engines with a No. 3 bearing, P/N 2A1165. Another air carrier states that IAE SB No. V2500-ENG-72-0459 is the true, in-shop, root cause corrective action. The commenter further states that the SB compliance requires you to also comply with IAE SB No. V2500-ENG-72-0421, which, while beneficial, does not correct the root cause. SB No. V2500-ENG-72-0421 requires replacing all stubshafts with a low-energy plasma coating, with stubshafts with a high-energy plasma coating, regardless of which No. 3 bearing is installed. The commenter requests that we limit the AD requirement to just replacing the affected No. 3 bearing. We partially agree. The unsafe condition is an HPC stubshaft with a low-energy plasma coating used with a No. 3 bearing, P/N 2A1165, in engines listed in Table 1 of Appendix 1 of SB No. V2500-ENG-72-0452. The supplemental NPRM did not propose to require compliance with SB No. V2500-ENG-72-0421. It expanded the list of affected engines by SN. The table does not refer to any other service document. Furthermore, this final rule requires inspection and removal of hardware from the engines listed in Table 1 of Appendix 1 of SB No. V2500-ENG-72-0452 only. Request To Reference Revision 3 of IAE SB V2500-ENG-72-0459 IAE requests that we reference the latest revision, which is Revision 3, of IAE SB No. V2500-ENG-72-0459, in the AD. We do not agree. We are only incorporating by reference Table 1 of Appendix 1 of IAE SB No. V2500-ENG-72-0452, Revision 4, dated September 30, 2005, in this AD which identifies the SNs of affected engines. We did not incorporate by reference Table 1 of Appendix 1 of IAE SB No. V2500-ENG-72-0459, in the AD because we discovered that that SB contains SNs of engines that have hybrid No. 3 bearings, and we did not include the hybrid bearings as part of the affected population. We did not change the AD. Request To More Accurately Describe the Failure Event IAE requests that we more accurately describe the failure event when the No. 3 bearing fails due to a fracture of the No. 3 bearing race. We agree. We changed the Summary and paragraph

(d)from “ We are issuing this AD to prevent failure of the No. 3 bearing, which could result in an IFSD and smoke in the cockpit and cabin” to “We are issuing this AD to prevent failure of the No. 3 bearing, which could result in an IFSD and smoke in the cockpit and cabin. The smoke is a result of oil escaping from the bearing compartment due to a fracture of the No. 3 bearing race.” Request To Change the Costs of Compliance IAE requests that we change the costs of compliance to reflect inspection costs as well as replacement costs of HPC stubshafts that have a low-energy plasma coating. We agree. We changed the costs of compliance to add 0.3 work-hour for inspection. This changed our estimated total cost in the AD from $5,355,174 to $5,357,511. Request To Remove the Requirement To Inspect All Chip Detectors IAE and four air carriers request that we remove the requirement to inspect the master magnetic chip detector and the No. 1, 2, 3, bearing chamber magnetic chip detectors. The commenters state that inspecting all chip detectors does not provide any additional assurance that the No. 3 bearing deterioration will be detected. We partially agree. We agree that safe engine operation does not require inspecting all chip detectors. However, the comment is directed at the original NPRM. The supplemental NPRM and this AD require that you inspect the master MCD or the No. 1, 2, 3 bearing chamber MCD. Request To Change the AD As to When Parts Are To Be Removed Jet Blue Airways requests that we change the AD from when the parts are removed at the next shop visit for any reason, to a prescribed event such as the separation of a major flange. As written, the commenter would incur an increased maintenance burden. We do not agree. The existing removal plan is effective at preventing smoke in the cockpit and cabin. We did not change the AD. Request To Reference A Related AD That Requires Isolation of the Airplane Environmental Air Packs IAE requests that we reference AD 2003-13-02, which requires isolation of the airplane environmental air packs, in the event of a No. 3 bearing failure. We agree. AD 2003-10-14 also has similar requirements. We changed the AD to include references to related AD 2003-13-02 and AD 2003-10-14, in paragraph

(o)of the AD. Request To Reduce the Inspection Interval From 125 Hours to 50 Hours Airline Pilots Association, International requests that we reduce the inspection interval from 125 hours to 50 hours to minimize the possibility of an engine that is near failure from returning to service for an additional 125 hours. We do not agree. Our analysis indicates that a 125-hour interval meets safety requirements. Operators may reduce the inspection interval. However, we suggest that operators with approved maintenance programs coordinate any changes with their local FAA Flight Standards District Office. We did not change the AD. Request To Add Wording That Complying With SB No. V2500-ENG-72-0421 is Considered as Complying With the AD All Nippon Airways requests that we add wording that complying with SB No. V2500-ENG-72-0421 is considered complying with the AD. The commenter states that the SB provides instructions to rework the stubshaft by applying a high-energy coating. This coating eliminates hard particle contamination caused by stubshafts with a low-energy coating. We partially agree. Incorporating SB No. V2500-ENG-72-0421 would satisfy the AD requirement to remove stubshafts with a low-energy coating from the identified population. However, we require that if the No. 3 bearing, P/N 2A1165, in engines listed in Table 1 of Appendix 1 of SB No. V2500-ENG-72-0452 is installed with a stubshaft with a low-energy coating, the No. 3 bearing must be removed, due to the bearing continuing to be affected from possible residual hard particle contamination or prior damage from contamination before stubshaft change. We did not change the AD. Request To Allow Installing New No. 3 Bearings, P/N 2A1165 United Airlines requests that we allow installing new No. 3 bearings, P/N 2A1165, as they are not susceptible to the same problem as earlier manufactured bearings of that P/N. We agree. The AD does not prohibit installing new No. 3 bearings, P/N 2A1165. The only bearings that must be removed and not reused, are installed in engines identified in Table 1 of Appendix 1 of IAE SB No. V2500-ENG-72-0452, Revision 4, dated September 30, 2005. We did not change the AD. Request To Add IAE SB V2500-ENG-72-0460 as a Requirement to the AD IAE requests that we add IAE SB No. V2500-ENG-72-0460 as a requirement to the AD. IAE states that the SB provides instructions on recoating or replacing all stubshafts installed on engines identified as suspect because the engine oil system was not designed to work with low-energy coating debris. We do not agree. Although replacing all stubshafts with a low-energy coating is encouraged, we do not require it in the AD, as it is not necessary to assure safety. We did not change the AD. Request To Include Engine Model V2533-A5 IAE requests that we include engine model V2533-A5 in the AD. We agree that this AD applies to engine model V2533-A5. However, the engine model was added to the supplemental NPRM and is also listed in this AD. We did not change the AD. Explanation of More Engine SNs Listed in Table 1 of Appendix 1 of IAE SB No. V2500-ENG-72-0459 Table 1 of Appendix 1 of IAE SB No. V2500-ENG-72-0459, which we referenced in the proposed ADs, has more engine SNs listed than in Table 1 of Appendix 1 of IAE SB No. V2500-ENG-72-0452, Revision 4, dated September 30, 2005. This is because the larger Table 1 also lists engines with hybrid No. 3 bearings installed, that are not suseptable to deterioration as others were. Docket Number Change We are transferring the docket for this AD to the Docket Management System as part of our on-going docket management consolidation efforts. The new Docket No. is FAA-2006-26013. The old Docket No. became the Directorate Identifier, which is 2003-NE-21-AD. This final rule might get logged into the DMS docket, ahead of the proposed AD and comments received, as we are in the process of sending those items to the DMS. 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. Addition of Inspection Recommendation Also, since we issued the supplemental NPRM, we determined that we need to add an inspection recommendation in the compliance section. We recommend the inspection of the master MCD or the No. 1, 2, 3 bearing chamber MCD, using paragraphs

(f)through (f)(3) of this AD, on all engines installed on the same airplane, not be done by the same individual before the same flight. This is to minimize the chances of maintenance error on multiple engine airplanes. Costs of Compliance We estimate that this AD will affect 123 engines installed on airplanes of U.S. registry. We also estimate it will take 150.3 work-hours per engine to perform the actions, and that the average labor rate is $65 per work-hour. Required parts will cost about $33,788 per engine. Based on these figures, we estimate the total cost of the AD to U.S. operators to be $5,357,573. 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 Analysis 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 summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . 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 Federal Aviation Administration 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 removing Amendment 39-13183 (68 FR 33621, June 5, 2003) and by adding a new airworthiness directive, Amendment 39-14841, to read as follows: **2006-25-01 International Aero Engines AG:** Amendment 39-14841; Docket No. FAA-2006-26013; Directorate Identifier 2003-NE-21-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective January 8, 2007. Affected ADs

(b)This AD supersedes AD 2003-11-23, Amendment 39-13183. Applicability

(c)This AD applies to International Aero Engines AG

(IAE)V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, and V2533-A5 turbofan engines with engine serial numbers V10601 through V11335 inclusive and bearings part number (P/N) 2A1165 installed. These engines are installed on, but not limited to, Airbus Industrie A319, A320, and A321 series airplanes. Unsafe Condition

(d)This AD results from IAE developing a terminating action to the repetitive inspections of the chip detectors, and from expanding the applicability to include additional serial-numbered engines with certain No. 3 bearings installed. We are issuing this AD to prevent failure of the No. 3 bearing, which could result in an IFSD and smoke in the cockpit and cabin. The smoke is a result of oil escaping from the bearing compartment due to a fracture of the No. 3 bearing race. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. Inspection of the Master Magnetic Chip Detector

(MCD)or the No. 1, 2, 3 Bearing Chamber MCD

(f)For engines listed in Table 1 of Appendix 1 of IAE Service Bulletin

(SB)No. V2500-ENG-72-0452, Revision 4, dated September 30, 2005, and that have a No. 3 bearing, P/N 2A1165, installed at new production build, do the following:

(1)Within 125 hours time-in-service

(TIS)after the effective date of this AD, inspect the master MCD or the No. 1, 2, 3 bearing chamber MCD.

(2)Thereafter, within 125 hours time-since-last inspection, inspect the master MCD or the No. 1, 2, 3 bearing chamber MCD.

(3)If you find bearing material on the master MCD or No. 1, 2, 3 bearing chamber MCD, remove the engine from service before further flight. Inspection Recommendation

(g)We recommend the inspection of the master MCD or the No. 1, 2, 3 bearing chamber MCD, using paragraphs

(h)At the next shop visit, for engines listed in Table 1 of Appendix 1 of IAE SB No. V2500-ENG-72-0452, Revision 4, dated September 30, 2005, that have a serial number

(SN)from V10601 through V11335 inclusive, and that have a No. 3 bearing, P/N 2A1165 installed at new production, remove the No. 3 bearing.

(i)After the effective date of this AD, do not install any No. 3 bearing, P/N 2A1165, removed in paragraph

(h)of this AD, into any engine. Removal of High Pressure Compressor

(HPC)Stubshaft

(j)At the next shop visit, for engines listed in Table 1 of Appendix 1 of IAE SB No. V2500-ENG-72-0452, Revision 4, dated September 30, 2005, that have a SN from V10601 through V11335 inclusive, remove the HPC stubshaft that has a low-energy plasma coating. Terminating Action

(k)Performing the requirements specified in paragraph

(h)and

(j)of this AD is terminating action to the repetitive MCD inspections specified in paragraphs

(f)through (f)(3) of this AD. Alternative Methods of Compliance

(l)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. Material Incorporated by Reference

(m)For identifying engines within the engine SN range of V10601 to V11335 inclusive, known to have had P/N 2A1165 installed, you must use Table 1 of Appendix 1 of International Aero Engines Service Bulletin No. V2500-ENG-72-0452, Revision 4, dated September 30, 2005. The Director of the Federal Register approved the incorporation by reference of Table 1 of Appendix 1 of International Aero Engines Service Bulletin No. V2500-ENG-72-0452, Revision 4, dated September 30, 2005, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact International Aero Engines AG, 400 Main Street, East Hartford, CT 06108; telephone:

(860)565-5515; fax:

(860)565-5510, 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. * Related Information

(n)The following SBs contain additional information and procedures:

(1)You can find information on inspecting the master MCD and the No. 1, 2, 3 bearing chamber MCD in section 79-00-00-601 of the Aircraft Maintenance Manual.

(2)Additional information on inspection procedures is included in IAE SB No. V2500-ENG-72-0452, Revision 4, dated September 30, 2005.

(3)You can find information on replacing the No. 3 bearing in IAE SB No. V2500-ENG-72-0459, Revision 3, dated April 12, 2003.

(4)You can find information on replacing HPC stubshafts that have a low-energy plasma coating, (all engines) in IAE SB No. V2500-ENG-72-0460, Revision 2, dated March 4, 2006.

(o)Airworthiness directive 2003-10-14 and AD 2003-13-02, which revise the Limitation section of the airplane flight manual to incorporate new procedures to follow in the event of smoke in the cockpit and cabin, are related to the subject of this AD. Issued in Burlington, Massachusetts, on November 27, 2006. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6-20323 Filed 12-1-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26258; Directorate Identifier 2006-CE-67-AD; Amendment 39-14840; AD 2006-24-11] RIN 2120-AA64 Airworthiness Directives; Raytheon Aircraft Company Models 1900, 1900C, and 1900D Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain Raytheon Aircraft Company

(RAC)Models 1900, 1900C, and 1900D airplanes. This AD requires you to repetitively inspect the forward, vertical, and aft flanges of both the left and right wing rear spar lower caps for cracks, repair any cracks found, and report the inspection results to RAC. This AD results from additional fatigue cracks found in this area since inspections were performed to comply with Emergency AD 2006-18-51, which required immediate visual inspections of this area. We are issuing this AD for the purpose of performing a more rigorous inspection requiring cleaning and paint stripping of this section of the wing rear spar to detect and correct cracking in the wing spar lower caps of the affected airplanes before the cracks lead to failure. These wing rear spar cracks may result in wing failure which could result in the wing separating from the airplane with consequent loss of control. DATES: This AD becomes effective on December 11, 2006. As of December 11, 2006, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. We must receive any comments on this AD by February 2, 2007. 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. To get the service information identified in this AD, contact Raytheon Aircraft Company (RAC), Post Office Box 85, Wichita, Kansas 67201-0085, Phone 1-800-429-5372 or 1-316-676-2000, Fax: 1-316-676-8745. To view the comments to this AD, go to *http://dms.dot.gov* . The docket number is FAA-2006-26258; Directorate Identifier 2006-CE-67-AD. FOR FURTHER INFORMATION CONTACT: Steven E. Potter, FAA, 1801 Airport Road, Wichita, Kansas 67209; telephone:

(316)946-4124; fax:

(316)946-4107. SUPPLEMENTARY INFORMATION: Discussion Due to significant cracks found in the wing rear spar of RAC Model 1900D airplanes, we issued Emergency AD 2006-18-51 on August 31, 2006. AD 2006-18-51 required an immediate visual inspection of both the left and right wing rear spars near the outboard edge of the engine nacelle. This AD was then published in the **Federal Register** as Amendment 39-14757 (71 FR 52983, September 8, 2006). Additional fatigue cracks in the affected area of the wing rear spar have been found since the AD 2006-18-51 inspections were performed. One of the airplanes had accumulated 168 hours time-in-service

(TIS)since the visual inspections required by AD 2006-18-51 were done. The FAA has determined a more rigorous and detailed inspection is necessary to find such fatigue cracks. Cracking in the wing rear spar lower caps and adjacent structure, if not corrected, could result in wing failure. Such a wing failure could result in the wing separating from the airplane with consequent loss of control. Relevant Service Information We reviewed Raytheon Aircraft Company Service Bulletin No. 57-3815, Issued: October, 2006. The service information describes procedures for the left and right rear wing spar lower cap inspection. FAA's Determination and Requirements of This AD We are issuing this AD because we have evaluated all known and available information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. This AD requires a rigorous and detailed inspection of the wing rear spar lower caps to find the fatigue cracks. The preparation and procedural requirements for these inspections are included in RAC Mandatory Service Bulletin 57-3815. RAC is developing a modification that, if approved by the FAA, would terminate the repetitive inspection requirement of this AD. The FAA may take future rulemaking action on this subject. FAA's Determination of the Effective Date Since an unsafe condition exists that requires the immediate adoption of this AD, we determined that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and an opportunity for public comment. We invite you to send any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number “FAA-2006-26258; Directorate Identifier 2006-CE-67-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive concerning this AD. 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 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. Examining the AD Docket You may examine the AD docket that contains the AD, the regulatory evaluation, any comments received, and other information 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 Docket Office (telephone

(800)647-5227) is located at the street address stated 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 proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): **2006-24-11 Raytheon Aircraft Company (RAC):** Amendment 39-14840; Docket No. FAA-2006-26258; Directorate Identifier 2006-CE-67-AD. Effective Date

(a)This AD becomes effective on December 11, 2006. Affected ADs

(b)AD 2006-18-51, Amendment 39-14757 (71 FR 52983, September 8, 2006), relates to the subject of this AD. However, this AD does not supersede or revise that AD. Both ADs are necessary to address the unsafe condition. Applicability

(c)This AD applies to the following airplane models and serial numbers that are certificated in any category: Models Serial numbers

(1)1900 UA-3.

(2)1900C (C-12J) UB-1 through UB-74, UC-1 through UC-174, and UD-1 through UD-6.

(3)1900D UE-1 through UE-439. Unsafe Condition

(d)This AD is the result of additional fatigue cracks found in the wing rear spar lower caps on a Raytheon Model 1900 airplane shortly after complying with AD 2006-18-51. We are issuing this AD to require a more rigorous and detailed inspection to find the fatigue cracks which are the unsafe condition. Failure to detect cracking in the wing rear spar lower caps of the affected airplanes could result in a wing failure. Such a wing failure could result in the wing separating from the airplane with consequent loss of control. Compliance

(e)To address this problem, you must do the following, unless already done: Actions Compliance Procedures

(1)Repetitively inspect both the left and right wing rear spar lower caps for cracks and other damage such as loose or missing fasteners Initially inspect within 100 hours time-in-service

(TIS)or 30 days after December 11, 2006 (the effective date of this AD), whichever occurs first. Repetitively inspect thereafter at intervals not to exceed 200 hours TIS Follow the procedures in Raytheon Mandatory Service Bulletin 57-3815, dated Issued: October, 2006.

(2)If cracks are found repair all cracks by obtaining and incorporating an FAA-approved repair scheme from RAC Before further flight after any inspection required by paragraph (e)(1) of this AD where cracks are found Contact RAC at Post Office Box 85, Wichita, Kansas 67201-0085; phone: 316-676-8366; fax:

(316)676-8745; e-mail: *tom_peay@rac.ray.com.*

(3)Report the inspection results to Raytheon Aircraft Company using the instructions and forms in the service bulletin. Complete all sections of the required forms. Reporting requirements have been approved by the Office of Management and Budget

(OMB)and assigned OMB control number 2120-0056 Report the initial inspection within 10 days after the inspection or 10 days after the effective date of this AD, whichever occurs later. Report the repetitive inspections within 30 days after the inspection Follow the procedures in Raytheon Mandatory Service Bulletin 57-3815, dated Issued: October, 2006. Alternative Methods of Compliance (AMOCs)

(f)The Manager, Wichita Aircraft Certification Office, FAA, ATTN: Steven E. Potter, FAA, 1801 Airport Road, Wichita, Kansas 67209; telephone:

(316)946-4124; fax:

(316)946-4107, has the authority to approve AMOCs for this AD, if requested using the procedures in 14 CFR 39. Material Incorporated by Reference

(g)You must use Raytheon Mandatory Service Bulletin 57-3815, Issued: October, 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 Raytheon Aircraft Company (RAC), Post Office Box 85, Wichita, Kansas 67201-0085, Phone 1-800-429-5372 or 1-316-676-2000, Fax: 1-316-676-8745.

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, 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/code_of_federal_regulations/ibr_locations.html* . Issued in Kansas City, Missouri, on November 24, 2006. Sandra J. Campbell, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-20326 Filed 12-1-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25810; Directorate Identifier 2006-CE-49-AD; Amendment 39-14838; AD 2006-24-09] RIN 2120-AA64 Airworthiness Directives; PZL-Bielsko Model SZD-50-3 “Puchacz” Gliders 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. The MCAI describes the unsafe condition as a discrepancy between the design documentation and the Technical Service Manual. In 1981, a castellated nut with cotter pin was introduced to secure the rudder, replacing the self-locking nut through PZL-Bielsko Bulletin No. BE-06/50-3/81. This change has not been introduced to the Technical Service Manual and use of a self-locking nut, in accordance with the Manual, is still possible. 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 January 8, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 8, 2007. 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: Gregory Davison, Glider Program Manager, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; fax:

(816)329-4090. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. 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 September 27, 2006 (71 FR 56416). That NPRM proposed to correct an unsafe condition for the specific products. The MCAI states that a discrepancy between the design documentation and the Technical Service Manual has been identified. In 1981, a castellated nut with cotter pin was introduced to secure the rudder, replacing the self-locking nut through PZL-Bielsko Bulletin No BE-06/50-3/81. This change has not been introduced to the Technical Service Manual and use of a self-locking nut, in accordance with the Manual, is still possible. This was probably the reason of rudder disconnection during flight which occurred recently. If not corrected, loss of the nut could result and allow the rudder to slip out of its hinges, separate from the glider, and lead to loss of control. This AD requires you to inspect and, if necessary, replace the Rudder Attachment parts in accordance with the instruction contained in the Allstar PZL Glider Sp. z o.o. Mandatory Bulletin No. BE-058/SZD-50-3/2006 “PUCHACZ”, dated August 10, 2006. Concurrently, changes in the Technical Service Manual must be introduced in accordance with the referenced bulletin. 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 to the MCAI AD process pertaining to how the FAA addresses publishing manufacturer service information as part of a proposed AD action. Mr. Buster states that the rule, as proposed, attempts to require compliance with a public law by reference to a private writing (as referenced in paragraph

(e)of the proposed AD). Mr. Buster would like the FAA to incorporate by reference

(IBR)the Allstar PZL Glider Sp. z o.o. Mandatory 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, Allstar PZL Glider Sp. z o.o. Mandatory Bulletin No. BE-058/SZD-50-3/2006 “PUCHACZ”, dated August 10, 2006, is incorporated by reference. Mr. Buster requests that 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 about 8 products of U.S. registry. We also estimate that it will take about 1.5 work-hours per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $2 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 $976 or $122 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: **2006-24-09 PZL-Bielsko** : Amendment 39-14838; Docket No. FAA-2006-25810; Directorate Identifier 2006-CE-49-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective January 8, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to PZL-Bielsko Model SZD-50-3 “Puchacz” gliders, all serial numbers, certificated in any category. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states that the aircraft manufacturer has identified a discrepancy between the design documentation and the Technical Service Manual. In 1981, a castellated nut with cotter pin was introduced to secure the rudder, replacing the self-locking nut, through PZL Bielsko Bulletin No. BE-06/50-3/81. This change has not been introduced to the Technical Service Manual and use of a self-locking nut, in accordance with the Manual, is still possible. This was probably the reason for rudder disconnection during flight which occurred recently. If not corrected, loss of the nut could result and allow the rudder to slip out of its hinges, separate from the glider, and lead to loss of control. Actions and Compliance

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

(f)below: Within 30 days of January 3, 2007 (the effective date of this AD) or before further flight, whichever occurs later, inspect and, if necessary, replace the Rudder Attachment parts in accordance with the instruction contained in Allstar PZL Glider Sp. z o.o. Mandatory Bulletin No. BE-058/SZD-50-3/2006 “PUCHACZ”, dated August 10, 2006. Concurrently, changes in the Technical Service Manual must be introduced in accordance with the referenced Bulletin. FAA AD Differences

(f)None. 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: Gregory Davison, Glider Program Manager, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4130; 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: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(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 EASA EAD No.: 2006-0243-E, which references Allstar PZL Glider Sp. z o.o. Mandatory Bulletin No BE-058/SZD-50-3/2006 “PUCHACZ”, dated August 10, 2006. Material Incorporated by Reference

(i)You must use Allstar PZL Glider Sp. z o.o. Mandatory Bulletin No. BE-058/SZD-50-3/2006 “PUCHACZ”, dated August 10, 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 AllStar PZL Glider Sp. z o.o., ul. Cieszynska 325, 43 300 Bielsko-Biala; telephone: +48 (0)33 8125021; fax: +48 (0)33 8123739; e-mail: *office@szd.com.pl.*

(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/code_of_federal_regulations/ibr_locations.html.* Issued in Kansas City, Missouri, on November 22, 2006. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-20325 Filed 12-1-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25182; Airspace Docket No. 06-AAL-21] Revision of Class E Airspace; Iliamna, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. SUMMARY: This action corrects an error in the airspace description contained in a Final Rule that was published in the **Federal Register** on Friday, October 6, 2006 (71 FR 59007). Airspace Docket No. 06-AAL-21. DATES: *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 **Federal Register** Document E6-16504, Airspace Docket No. 06-AAL-21, published on Friday, October 6, 2006 (71 FR 59007), revised Class E airspace at Iliamna, AK. An error was discovered in the airspace description associated with the directional reference to the 200° bearing from the Iliamna Non-directional Beacon. This action corrects that error by removing it. Correction to Final Rule Accordingly, pursuant to the authority delegated to me, the airspace description of the Class E airspace published in the **Federal Register** , Friday, October 6, 2006 (71 FR 59007), (FR doc. E6-16504, page 59007, all references to Iliamna) is corrected as follows: § 71.1 [Corrected] AAL AK E5 Iliamna, AK [Revised] Iliamna Airport, AK (Lat. 59°45′16″ N., long. 154°54′39″ W.) Iliamna NDB (Lat. 59°44′53″ N., long. 154°54′35″ W.) That airspace extending upward from 700 feet above the surface within a 6.7-mile radius of the Iliamna Airport and that airspace 4 miles west and 8 miles east of the 200° bearing from the Iliamna NDB extending from the 6.7-mile radius to 16 miles; and that airspace extending upward from 1,200 feet above the surface within an area bounded by lat.60°14′00″ N. long. 154°54′00″ W., to lat 59°46′20″ N. long. 153°52′00″ W., to lat. 59°43′00″ N. long 153°00′00″ W., to lat 59°33′00″ N. long. 153°00′00″W., to lat.59°28′00″ N. long. 154°13′00″ W., to lat 59°18′00″ N. long. 154°04′00″ W., to lat. 59°11′00″ N. long. 155°17′00″ W., to lat 59°32′00″ N. long. 155°31′00″ W., to lat. 59°41′00″ N. long. 156°35′00″ W., to the point of beginning. Issued in Anchorage, AK, on November 16, 2006. Linda J. Couture, Acting Director, Alaska Flight Service Information Office. [FR Doc. 06-9516 Filed 12-1-06; 8:45 am]

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