Unknown. Final rule
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/register/2006/12/12/06-9602·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-2006-12-12.xml --- 71 238 Tuesday, December 12, 2006 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 74536-74539 06-9642 06-9643 Agriculture Agriculture Department See Federal Crop Insurance Corporation See Food and Nutrition Service Antitrust Antitrust Division NOTICES National cooperative research notifications: Open System Initiative, 74559 06-9645 Power Tool Institute Table Saw Guarding Joint Venture Project, 74559-74560 06-9644 Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:
Ballistic Impact Detection System, 74490 06-9635 Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 74485 06-9652 06-9658 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 74539-74542 E6-21117 E6-21118 E6-21124 E6-21125 Coast Guard Coast Guard NOTICES Reports and guidance documents; availability, etc.: Annual chemical test results for dangerous drugs and physical examinations; pilots submission requirements, 74552-74553 E6-21017 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Reports and guidance documents; availability, etc.:
Concentrations in Commercial Real Estate Lending, Sound Risk Management Practices, 74580-74588 06-9630 Consumer Consumer Product Safety Commission PROPOSED RULES Consumer Product Safety Act: Portable generators— Mandatory performance standards, 74472-74474 E6-21131 NOTICES Federal Hazardous Substances Act: Blasting caps; labeling amendment petition, 74488-74489 E6-21023 Copyright Copyright Office, Library of Congress NOTICES Meetings: World Intellectual Property Organization Treaty on Protection of Rights of Broadcasting Organizations; roundtable discussion, 74565-74566 E6-21130 Defense Defense Acquisition Regulations System RULES Acquisition regulations:
Labor reimbursement on DoD non-commercial time-and-materials and labor-hour contracts, 74469-74471 06-9602 Defense Defense Department See Army Department See Defense Acquisition Regulations System See Engineers Corps RULES Federal Acquisition Regulation (FAR): Additional commercial contract types, 74667-74680 06-9613 Introduction, 74656 06-9611 Small Entity Compliance Guide, 74680 06-9612 Time-and-materials and labor-hour contracts payments, 74656-74667 06-9610 NOTICES Agency information collection activities; proposals, submissions, and approvals, 74489-74490 06-9637 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 74492 E6-21024 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:
Ace Products, LLC, 74560 E6-21106 Neptco et al., 74560-74561 E6-21110 Roseburg Forest Products, 74561 E6-21108 Saint Gobain Crystals, 74561-74562 E6-21105 Swift Galey, 74562-74563 E6-21107 Walter McIlvain Co., 74563 E6-21109 Xyron, Inc., et al., 74563-74565 E6-21104 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Mississippi River-Gulf Outlet, LA, Navigation Project; bank stabilization, 74490-74492 06-9636 EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 74520-74525 E6-21103 E6-21114 E6-21115 E6-21116 Grants and cooperative agreements; availability, etc.:
State and Tribal Response Programs, 74525-74531 E6-21102 Executive Executive Office of the President See Presidential Documents Farm Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corporation Board, 74531-74532 E6-21120 FAA Federal Aviation Administration RULES Airworthiness directives: BAE Systems (Operations) Ltd., 74464-74466 E6-20952 Lockheed, 74462-74464 E6-20953 McDonnell Douglas, 74459-74461 E6-20951 Rolls-Royce plc; correction, 74466 E6-21122 Airworthiness standards:
Special conditions— AmSafe, Inc.; Pilatus Aircraft Ltd., Models PC-12, PC-12/45 and PC-12/47 airplanes, 74456-74459 E6-21018 NOTICES Advisory circulars; availability, etc.: Aircraft ice protection, 74571-74572 06-9629 Agency information collection activities; proposals, submissions, and approvals, 74572 06-9628 Environmental statements; availability, etc.: Sacramento International Airport, CA, 74572-74573 06-9627 Environmental statements; notice of intent: Ontario International Airport, CA, 74573 06-9626 FCC Federal Communications Commission RULES Common carrier services:
Minimum customer account record exchange obligations on all local and interexchange carriers; implementation, 74469 E6-20909 Federal Crop Federal Crop Insurance Corporation RULES Crop insurance regulations: Nursery crop insurance provisions, 74455-74456 E6-21033 FDIC Federal Deposit Insurance Corporation NOTICES Reports and guidance documents; availability, etc.: Concentrations in Commercial Real Estate Lending, Sound Risk Management Practices, 74580-74588 06-9630 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed:
New York Independent System Operator, Inc., et al., 74507-74508 E6-21067 Tesoro Refining & Marketing Co. et al., 74508 E6-21051 Electric rate and corporate regulation combined filings, 74508-74512 E6-21091 E6-21100 Environmental statements; notice of intent: Ozark Gas Transmission, LLC, 74512-74515 E6-21052 Hydroelectric applications, 74515-74519 E6-21070 E6-21071 E6-21073 E6-21094 Meetings: Organization of Midwest ISO States, 74519 E6-21050 Southwest Power Pool Board of Directors/Members Committee et al., 74519-74520 E6-21049 Texas Gas Transmission, LLC; technical conference, 74520 E6-21095 *Applications, hearings, determinations, etc.:* ALLETE, Inc., et al., 74492-74493 E6-21054 Alliance Pipeline L.P., 74493 E6-21055 ANR Pipeline Co., 74493-74494 E6-21062 E6-21065 Brush Cogeneration Partners, 74494 E6-21048 Chandeleur Pipe Line Co., 74494-74495 E6-21075 Colorado Interstate Gas Co., 74495 E6-21058 E6-21088 Discovery Gas Transmission LLC, 74495-74496 E6-21096 Dominion Transmission, Inc., 74496 E6-21061 East Tennessee Natural Gas, LLC, 74496-74497 E6-21064 El Paso Natural Gas Co., 74497 E6-21068 E6-21081 Enbridge Pipelines (KPC), 74497-74498 E6-21084 Gas Transmission Northwest Corp., 74498-74499 E6-21066 E6-21077 E6-21078 IP Gyrfalcon Co. et al., 74499 E6-21053 Iroquois Gas Transmission System, L.P., 74499 E6-21092 LBPC Power, Inc., 74499-74500 E6-21069 National Fuel Gas Supply Corp., 74500-74501 E6-21079 E6-21080 North American Electric Reliability Council et al., 74501 E6-21047 Northern Border Pipeline Co., 74501-74502 E6-21056 Northern Natural Gas Co., 74502-74503 E6-21063 E6-21074 E6-21085 Northwest Pipeline Corp., 74503 E6-21059 E6-21060 Plains End, LLC, 74503-74504 E6-21093 Questar Pipeline Co., 74504 E6-21087 Rockies Express Pipeline LLC, 74504-74505 E6-21057 Southern Natural Gas Co., 74505 E6-21083 Southern Star Central Gas Pipeline, Inc., 74505-74506 E6-21076 E6-21089 Tennessee Gas Pipeline Co., 74506 E6-21082 E6-21098 Texas Eastern Transmission, LP, 74506-74507 E6-21097 Texas Gas Transmission, LLC, 74507 E6-21086 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 74573-74574 E6-21014 Environmental statements; notice of intent:
Hackensack River Portal Bridge, NJ, 74574-74576 E6-21015 Exemption petitions, etc.: Canadian National Railway Co., 74576-74577 E6-21022 CSX Transportation, Inc., 74578-74579 E6-21016 Norfolk Southern Corp., 74577 E6-21013 Santa Clara Valley Transportation Authority, 74577-74578 E6-21012 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 74532 E6-21036 Formations, acquisitions, and mergers, 74532-74533 E6-21035 E6-21042 Reports and guidance documents; availability, etc.:
Concentrations in Commercial Real Estate Lending, Sound Risk Management Practices, 74580-74588 06-9630 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 74588 06-9639 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Laguna Mountains skipper, 74592-74615 06-9498 PROPOSED RULES Importation, exportation, and transportation of wildlife:
Bald eagles protection; definition of “disturb”, 74483-74484 E6-21139 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Tylosin, 74466-74467 E6-21021 PROPOSED RULES Human drugs: Labeling of drug products (OTC)— Standardized format and content requirements; convenience-size drug packets; alternative labeling requirements, 74474-74482 E6-21019 NOTICES Meetings: Medical Devices Advisory Committee, 74542 E6-21020 Food Food and Nutrition Service RULES Child nutrition programs:
Senior Farmers Market Nutrition Program, 74618-74654 06-9569 Foreign Foreign Assets Control Office NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, and narcotics traffickers, and foreign terrorist organizations: Additional designations of terrorism-related blocked persons and entities, 74588-74589 E6-21113 Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Alabama Arvin Meritor, Inc.; automotive parts manufacturing facility, 74485 E6-21126 North Carolina Merck & Co., Inc.; vaccine pharmaceutical manufacturing plant, 74485-74486 E6-20946 GSA General Services Administration RULES Federal Acquisition Regulation (FAR):
Additional commercial contract types, 74667-74680 06-9613 Introduction, 74656 06-9611 Small Entity Compliance Guide, 74680 06-9612 Time-and-materials and labor-hour contracts payments, 74656-74667 06-9610 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:
Indian Housing Block Grant Program; census data use, 74748-74749 E6-20939 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Indian Health Professions Preparatory, Health Professions Pregraduate, and Health Professions Scholarship Programs, 74542-74546 E6-21026 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes: Katrina Emergency Tax Relief Act;
Hurricane Katrina displaced individuals; taxable income reduction for housing, 74467-74469 E6-21031 PROPOSED RULES Income taxes: Katrina Emergency Tax Relief Act; Hurricane Katrina displaced individuals; taxable income reduction for housing; cross-reference, 74482-74483 E6-21030 International International Trade Administration NOTICES Antidumping: Cut-to-length carbon steel plate from— Ukraine, 74486-74487 E6-21128 Individually quick frozen red raspberries from— Chile, 74487-74488 E6-21129 International International Trade Commission NOTICES Import investigations:
Carbon and alloy steel wire rod from— Trinidad and Tobago, 74558-74559 E6-21119 Justice Justice Department See Antitrust Division Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Meetings: Powder River Regional Coal Team, 74553-74554 E6-21111 Resource Advisory Councils— Northwest Colorado, 74554 E6-21127 Oil and gas leases: Utah, 74554 E6-21039 Realty actions; sales, leases, etc.: Nevada, 74554-74556 E6-21041 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR):
Additional commercial contract types, 74667-74680 06-9613 Introduction, 74656 06-9611 Small Entity Compliance Guide, 74680 06-9612 Time-and-materials and labor-hour contracts payments, 74656-74667 06-9610 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 74546-74552 E6-21028 E6-21029 E6-21037 Meetings: National Library of Medicine, 74552 06-9631 National Toxicology Program— Bisphenol A; expert panel report availability and comment, 74534-74536 E6-21040 In vitro pyrogenicity testing methods use; independent scientific peer review, 74533-74534 E6-21038 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Northeastern United States fisheries— Atlantic bluefish, 74471 06-9624 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 74566-74567 06-9653 Radiation protection standards: Safeguards information; order prohibiting unauthorized disclosure, 74567-74571 E6-21044 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 74488 E6-21121 Presidential Presidential Documents ADMINISTRATIVE ORDERS Comoros and Saint Kitts and Nevis; waiving prohibition on United States military assistance (Presidential Determination) No. 2007-4 of November 22, 2006, 74451 06-9664 Government agencies and employees:
Justice, Department of; designation of officers to act as Attorney General (Memorandum of December 8, 2006), 74751-74754 06-9691 International Criminal Court; waiving prohibition on use of Fiscal Year 2006 support funds to parties to the Rome Statute (Presidential Determination) No. 2007-5 of November 27, 2006, 74453 06-9665 Public Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: Glen Canyon Dam, AZ; long-term experimental plan for operation, etc., 74556-74558 E6-20756 SEC Securities and Exchange Commission RULES Securities:
Transfer agent forms; electronic filing, 74698-74746 06-9600 SBA Small Business Administration NOTICES Disaster loan areas: Hawaii, 74571 E6-21027 State State Department NOTICES Culturally significant objects imported for exhibition: Modernism: Designing a New World (1914-1939), 74571 E6-21176 Grants and cooperative agreements; availability, etc.: Professional exchange programs, cultural programs, and school administrators and community leaders in Indonesia, 74682-74696 E6-20918 Surface Surface Transportation Board NOTICES Rail carriers:
Waybill data; release for use, 74579 E6-21045 Railroad operation, acquisition, construction, control, etc.: BNSF Railway Co., 74579 E6-21046 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 74579-74580 E6-21112 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 74592-74615 06-9498 Part III Agriculture Department, Food and Nutrition Service, 74618-74654 06-9569 Part IV Defense Department;
General Services Administration; National Aeronautics and Space Administration, 74656-74680 06-9610 06-9611 06-9612 06-9613 Part V State Department, 74682-74696 E6-20918 Part VI Securities and Exchange Commission, 74698-74746 06-9600 Part VII Housing and Urban Development Department, 74748-74749 E6-20939 Part VIII Executive Office of the President, Presidential Documents, 74751-74754 06-9691 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. 71 238 Tuesday, December 12, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AC13 Common Crop Insurance Regulations; Nursery Crop Insurance Provisions AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Final rule. SUMMARY: The Federal Crop Insurance Corporation
(FCIC)finalizes the Common Crop Insurance Regulations, Nursery Crop Insurance Provisions by amending the definition of “liners.” FCIC also finalizes the Nursery Peak Inventory Endorsement to clarify that the peak amount of insurance is limited to 200 percent of the amount of insurance established under the Nursery Crop Insurance Provisions. The amendments will be applicable to the 2008 and succeeding crop years. DATES: *Effective date:* This rule is effective January 11, 2007. *Applicability:* This rule is applicable to the 2008 and succeeding crop years. FOR FURTHER INFORMATION CONTACT: For further information, contact Claire Elsea, Economist, Product Management, Product Administration and Standards Division, Risk Management Agency, 6501 Beacon Dr., Stop 0812, Room 421, Kansas City, MO, 64118, telephone
(816)926-7730. SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be not-significant for the purposes of Executive Order 12866 and, therefore, it has not been reviewed by OMB. Paperwork Reduction Act of 1995 Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the collections of information in this rule have been approved by OMB under control number 0563-0053 through November 30, 2007. E-Government Act Compliance FCIC is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. This rule contains no Federal mandates (under the regulatory provisions of title II of UMRA) for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Executive Order 13132 It has been determined under section 1(a) of Executive Order 13132, Federalism, that this rule does not have sufficient implications to warrant consultation with the States. The provisions contained in this rule will not have a substantial direct effect on States, or on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Regulatory Flexibility Act FCIC certifies that this regulation will not have a significant economic impact on a substantial number of small entities. Program requirements for the Federal crop insurance program are the same for all producers regardless of the size of their farming operation. For instance, all producers are required to submit an application and acreage report to establish their insurance guarantees, and compute premium amounts, or a notice of loss and production information to determine an indemnity payment in the event of an insured cause of crop loss. Whether a producer has 10 acres or 1000 acres, there is no difference in the kind of information collected. To ensure crop insurance is available to small entities, the Federal Crop Insurance Act authorizes FCIC to waive collection of administrative fees from limited resource farmers. FCIC believes this waiver helps to ensure small entities are given the same opportunities to manage their risks through the use of crop insurance. A Regulatory Flexibility Analysis has not been prepared since this regulation does not have an impact on small entities, and, therefore, this regulation is exempt from the provisions of the Regulatory Flexibility Act (5 U.S.C. 605). Federal Assistance Program This program is listed in the Catalog of Federal Domestic Assistance under No. 10.450. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372 which require intergovernmental consultation with State and local officials. See the Notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115, June 24, 1983. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988 on civil justice reform. The provisions of this rule will not have a retroactive effect. The provisions of this rule preempts State and local laws to the extent such State and local laws are inconsistent herewith. With respect to any direct action taken by FCIC or to require the insurance provider to take specific action under the terms of the crop insurance policy, the administrative appeal provisions published at 7 CFR part 11 must be exhausted before any action against FCIC for judicial review may be brought. Environmental Evaluation This action is not expected to have a significant economic impact on the quality of the human environment, health, and safety. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed. Background This rule finalizes proposed changes made to 7 CFR 457.162 (Nursery Crop Insurance Provisions) and 7 CFR 457.163 (Nursery Peak Inventory Endorsement) that were published by FCIC on September 1, 2006, as a notice of proposed rulemaking in the **Federal Register** at 71 FR 52013-52014. In the Nursery Crop Provisions, FCIC proposed to amend the definition of “liners” to remove language that specifies an established root system for a liner plant must reach the sides of the container and removed language regarding the firm root ball. These changes were necessary because liners are also known as starter plants, which often have not developed a root system that reaches the sides of the containers. In the Nursery Peak Inventory Endorsement, FCIC proposed to amend provisions to clarify that the maximum increase in the amount of insurance under the Nursery Peak Inventory Endorsement is limited to twice the amount of insurance under the Nursery Crop Insurance Provisions. As currently written in the Nursery Peak Inventory Endorsement, the peak amount of insurance is limited to 200 percent of the basic unit value. This means that if a basic unit value is $50 the producer could increase the peak amount of insurance to $100 (200 percent of $50 basic unit value), which is a four fold increase in liability. FCIC never intended to allow such an increase. It meant to only allow increases up to twice the amount of insurance under the policy, not on a per unit basis. The public was afforded 60 days to submit written comments after the regulation was published in the **Federal Register.** One comment was received from three commenters. The commenters were a reinsured company, an insurance services organization and a grower association. The comment received and FCIC's response are as follows: *Comment:* All three commenters stated they are in agreement with the proposed changes. One commenter also commends FCIC's willingness to move forward with the amendment to the definition of “liners.” The commenter states the current language has been an obstacle for most liner producers from purchasing nursery crop insurance policies. Another commenter agrees the amendment to the policy provisions is necessary and a major improvement to the nursery program. *Response:* FCIC agrees the changes to the Peak Inventory Endorsement and the definition of “liners” in the Nursery Crop Insurance Provisions will provide a better risk management tool to nursery producers. List of Subjects in 7 CFR Part 457 Crop insurance, Nursery, Reporting and recordkeeping requirements. Final Rule Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation amends 7 CFR part 457 the Common Crop Insurance Regulations, for the 2008 and succeeding crop years, as follows: PART 457—COMMON CROP INSURANCE REGULATIONS 1. The authority citation for 7 CFR part 457 continues to read as follows: Authority: 7 U.S.C. 1506(l), 1506(p). 2. Revise the definition of “liners” in section 1 of § 457.162 to read as follows: § 457.162 Nursery crop insurance provisions. 1. Definitions. *Liners.* Plants produced in standard nursery containers that are equal to or greater than 1 inch in diameter (including trays containing 200 or fewer individual cells, unless specifically provided by the Special Provisions) but less than 3 inches in diameter at the widest point of the container or cell interior, have an established root system, and meet all other conditions specified in the Special Provisions. 3. Revise paragraph 7 of § 457.163 to read as follows: § 457.163 Nursery peak inventory endorsement. 7. Liability Limit. The peak amount of insurance is limited to 200 percent of the amount of insurance established under the Nursery Crop Insurance Provisions. Signed in Washington, DC, on November 30, 2006. Eldon Gould, Manager, Federal Crop Insurance Corporation. [FR Doc. E6-21033 Filed 12-11-06; 8:45 am] BILLING CODE 3410-08-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE262; Special Conditions No. 23-202-SC] Special Conditions: AmSafe, Incorporated; Pilatus Aircraft Ltd., Models PC-12, PC-12/45 and PC-12/47; Inflatable Three-Point Restraint Safety Belt With an Integrated Airbag Device AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued to AmSafe, Inc. for the installation of an AmSafe, Inc., Inflatable Three-Point Restraint Safety Belt with an Integrated Airbag Device on Pilatus models PC-12, PC-12/45 and PC-12/47. These airplanes, as modified by AmSafe, Inc. for the installation of this inflatable safety belt, will have novel and unusual design features associated with the lap-belt restraint portions of the three-point safety belt, which contains an integrated airbag device. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is November 29, 2006. We must receive your comments on or before January 11, 2007. ADDRESSES: Mail two copies of your comments on these special conditions to: Federal Aviation Administration (FAA), Regional Counsel, ACE-7, Attention: Rules Docket, Docket No. CE262, 901 Locust, Room 506, Kansas City, Missouri 64106, or delivered two copies to the Regional Counsel at the above address. Mark your comments: Docket No. CE262. You may inspect comments in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Mr. Bob Stegeman, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE-111, 901 Locust, Kansas City, Missouri, 816-329-4140, fax 816-329-4090, e-mail *Robert.Stegeman@faa.gov.* SUPPLEMENTARY INFORMATION: The FAA has determined that notice and opportunity for prior public comment is impractical because these procedures would significantly delay issuance of approval and thus delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA, therefore, finds that good cause exists for making these special conditions effective on issuance. Comments Invited We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel about these special conditions. You can inspect the docket before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. We will consider all comments we receive by the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive. If you want us to let you know we received your comments on these special conditions, send us a pre-addressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it back to you. Background On May 4, 2006, AmSafe, Inc., applied for a supplemental type certificate. The application covers the installation of a three-point safety belt restraint system incorporating an inflatable airbag for the pilot, co-pilot, and passenger seats of the Pilatus Aircraft Ltd., models PC-12, PC-12/45 and PC-12/47 airplanes. The Pilatus models PC-12, PC-12/45 and PC-12/47 are single engine, two-pilot, nine-passenger airplanes. The inflatable restraint system is a three-point safety belt restraint system consisting of a lap belt and shoulder harness. An inflatable airbag is attached to the lap belt. The inflatable portion of the restraint system will rely on sensors to electronically activate the inflator for deployment. The inflatable restraint system will be installed on the pilot, co-pilot, and passenger seats. If an emergency landing occurs, the airbag will inflate and provide a protective cushion between the occupant's head and the structure within the airplane. This will reduce the potential for head and torso injury. The inflatable restraint behaves in a manner similar to an automotive airbag; however, in this case, the airbag is integrated into the lap belt. While airbags and inflatable restraints are standard in the automotive industry, the use of an inflatable three-point restraint system is novel for general aviation operations. The FAA has determined that this project will be accomplished by providing the same current level of safety as the Pilatus Aircraft Ltd., models PC-12, PC-12/45 and PC-12/47 airplane occupant restraint systems. The FAA has two primary safety concerns with the installation of airbags or inflatable restraints: • That they perform properly under foreseeable operating conditions; and • That they do not perform in a manner or at such times as to impede the pilot's ability to maintain control of the airplane or constitute a hazard to the airplane or occupants. The latter point has the potential to be the more rigorous of the requirements. An unexpected deployment while conducting the takeoff or landing phases of flight may result in an unsafe condition. The unexpected deployment may either startle the pilot or generate a force sufficient to cause a sudden movement of the control yoke. Either action could result in a loss of control of the airplane, the consequences of which are magnified due to the low operating altitudes during these phases of flight. The FAA has considered this when establishing these special conditions. The inflatable restraint system relies on sensors to electronically activate the inflator for deployment. These sensors could be susceptible to inadvertent activation, causing deployment in a potentially unsafe manner. The consequences of an inadvertent deployment must be considered in establishing the reliability of the system. AmSafe, Inc., must show that the effects of an inadvertent deployment in flight are not a hazard to the airplane or that an inadvertent deployment is extremely improbable. In addition, general aviation aircraft are susceptible to a large amount of cumulative wear and tear on a restraint system. The potential for inadvertent deployment may increase as a result of this cumulative damage. Therefore, the impact of wear and tear on inadvertent deployment must be considered. The effect of this cumulative damage means a life limit must be established for the appropriate system components in the restraint system design. There are additional factors to be considered to minimize the chances of inadvertent deployment. General aviation airplanes are exposed to a unique operating environment, since the same airplane may be used by both experienced and student pilots. The effect of this environment on inadvertent deployment must be understood. Therefore, qualification testing of the firing hardware/software must consider the following: • The airplane vibration levels appropriate for a general aviation airplane; and • The inertial loads that result from typical flight or ground maneuvers, including gusts and hard landings. Any tendency for the firing mechanism to activate as a result of these loads or acceleration levels is unacceptable. Other influences on inadvertent deployment include high intensity electromagnetic fields
(HIRF)and lightning. Since the sensors that trigger deployment are electronic, they must be protected from the effects of these threats. To comply with HIRF and lightning requirements, the AmSafe, Inc., inflatable restraint system is considered a critical system, since its inadvertent deployment could have a hazardous effect on the airplane. Given the level of safety of the current Pilatus Aircraft Ltd., models PC-12, PC-12/45 and PC-12/47 occupant restraints, the inflatable restraint system must show that it will offer an equivalent level of protection for an emergency landing. If an inadvertent deployment occurs, the restraint must still be at least as strong as a Technical Standard Order approved belt and shoulder harnesses. There is no requirement for the inflatable portion of the restraint to offer protection during multiple impacts, where more than one impact would require protection. The inflatable restraint system must deploy and provide protection for each occupant under an emergency landing condition. The seats of the models PC-12, PC-12/45 and PC-12/47 are certificated to the structural requirements of § 23.562; therefore, the test emergency landing pulses identified in § 23.562 must be used to satisfy this requirement. A wide range of occupants may use the inflatable restraint; therefore, the protection offered by this restraint should be effective for occupants that range from the fifth percentile female to the ninety-fifth percentile male. Energy absorption must be performed in a consistent manner for this occupant range. In support of this operational capability, there must be a means to verify the integrity of this system before each flight. AmSafe, Inc., may establish inspection intervals where they have demonstrated the system to be reliable between these intervals. An inflatable restraint may be “armed” even though no occupant is using the seat. While there will be means to verify the integrity of the system before flight, it is also prudent to require unoccupied seats with active restraints not constitute a hazard to any occupant. This will protect any individual performing maintenance inside the cockpit while the aircraft is on the ground. The restraint must also provide suitable visual warnings that would alert rescue personnel to the presence of an inflatable restraint system. In addition, the design must prevent the inflatable seatbelt from being incorrectly buckled and/or installed such that the airbag would not properly deploy. AmSafe, Inc., may show that such deployment is not hazardous to the occupant and will still provide the required protection. The cabins of the Pilatus model airplanes identified in these special conditions are confined areas, and the FAA is concerned that noxious gasses may accumulate if the airbag deploys. When deployment occurs, either by design or inadvertently, there must not be a release of hazardous quantities of gas or particulate matter into the cockpit. An inflatable restraint should not increase the risk already associated with fire. Therefore, the inflatable restraint should be protected from the effects of fire to avoid creating an additional hazard by, for example, a rupture of the inflator. Finally, the airbag is likely to have a large volume displacement, and it could impede the egress of an occupant. Since the bag deflates to absorb energy, it is likely that the inflatable restraint would be deflated at the time an occupant would attempt egress. However, it is appropriate to specify a time interval after which the inflatable restraint may not impede rapid egress. Ten seconds has been chosen as reasonable time. This time limit will offer a level of protection throughout the impact event. Type Certification Basis Under 14 CFR 21.101, AmSafe, Inc., must show the Pilatus Aircraft Ltd., models PC-12, PC-12/45 and PC-12/47, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A78EU (Pilatus Aircraft Ltd., models PC-12, PC-12/45 and PC-12/47) or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The following models are covered by this special condition: *Pilatus Aircraft Ltd., Models PC-12, PC-12/45 and PC-12/47:* Type Certificate No. A78EU, Revision 14, dated April 13, 2006. For the models listed above, the certification basis also includes all exemptions, if any; equivalent level of safety findings, if any; and special conditions not relevant to the special conditions adopted by this rulemaking action. If the Administrator determines that the applicable airworthiness regulations (i.e., part 23 as amended) do not contain adequate or appropriate safety standards for the AmSafe, Inc., inflatable restraint as installed on these Pilatus Aircraft Ltd., models because of a novel or unusual design feature, special conditions are prescribed under § 21.16. Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38, and become part of the type certification basis in accordance with § 21.101. Special conditions are initially applicable to the model for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other model included on the same type certificate to incorporate the same novel or unusual design feature, the special conditions would also apply to that model under § 21.101. Novel or Unusual Design Features The Pilatus Aircraft Ltd., models PC-12, PC-12/45 and PC-12/47 will incorporate the following novel or unusual design feature: The AmSafe, Inc., Three-Point Safety Belt Restraint System incorporates an inflatable airbag for the pilot, co-pilot, and passenger seats. The purpose of the airbag is to reduce the potential for injury in the event of an accident. In a severe impact, an airbag will deploy from the lap belt, in a manner similar to an automotive airbag. The airbag will deploy between the head of the occupant and airplane interior structure, which will provide some protection to the head of the occupant. The restraint will rely on sensors to electronically activate the inflator for deployment. The Code of Federal Regulations state performance criteria for seats and restraints in an objective manner. However, none of these criteria are adequate to address the specific issues raised concerning inflatable restraints. Therefore, the FAA has determined that, in addition to the requirements of part 21 and part 23, special conditions are needed to address the installation of this inflatable restraint. Therefore, these special conditions are adopted for the Pilatus Aircraft Ltd. models equipped with the AmSafe, Inc., three-point inflatable restraint. Other conditions may be developed, as needed, based on further FAA review and discussions with the manufacturer and civil aviation authorities. Applicability As discussed above, these special conditions are applicable to the Pilatus Aircraft Ltd., models PC-12, PC-12/45 and PC-12/47 equipped with the AmSafe, Inc., three-point inflatable restraint system. Conclusion This action affects only certain novel or unusual design features on the previously identified Pilatus models. It is not a rule of general applicability, and it affects only the applicant who applied to the FAA for approval of these features on the airplane. Under standard practice, the effective date of final special conditions would be 30 days after the date of publication in the **Federal Register** . However, the substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, and because a delay would significantly affect the delivery of the airplane(s), the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions on issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. List of Subjects in 14 CFR Part 23 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 21.101; and 14 CFR 11.38 and 11.19. The Special Conditions The FAA has determined that this project will be accomplished without lowering the current level of safety of the Pilatus Aircraft Ltd., models PC-12, PC-12/45 and PC-12/47 occupant restraint system. Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for these models, as modified by AmSafe, Incorporated. *Inflatable Three-Point Restraint Safety Belt with an Integrated Airbag Device for the Pilot, Co-pilot, and Passenger Seats of the Pilatus Aircraft Ltd., Models PC-12, PC-12/45 and PC-12/47.* 1. It must be shown that the inflatable restraint will deploy and provide protection under emergency landing conditions. Compliance will be demonstrated using the dynamic test condition specified in 14 CFR, part 23, § 23.562(b)(2). It is not necessary to account for floor warpage, as required by § 23.562(b)(3), or vertical dynamic loads, as required by § 23.562(b)(1). The means of protection must take into consideration a range of stature from a 5th percentile female to a 95th percentile male. The inflatable restraint must provide a consistent approach to energy absorption throughout that range. 2. The inflatable restraint must provide adequate protection for each occupant. In addition, unoccupied seats that have an active restraint must not constitute a hazard to any occupant. 3. The design must prevent the inflatable restraint from being incorrectly buckled and/or incorrectly installed such that the airbag would not properly deploy. Alternatively, it must be shown that such deployment is not hazardous to the occupant and will provide the required protection. 4. It must be shown that the inflatable restraint system is not susceptible to inadvertent deployment as a result of wear and tear or the inertial loads resulting from in-flight or ground maneuvers (including gusts and hard landings) that are likely to be experienced in service. 5. It must be extremely improbable for an inadvertent deployment of the restraint system to occur, or an inadvertent deployment must not impede the pilot's ability to maintain control of the airplane or cause an unsafe condition (or hazard to the airplane). In addition, a deployed inflatable restraint must be at least as strong as a Technical Standard Order
(C114)certificated belt and shoulder harness. 6. It must be shown that deployment of the inflatable restraint system is not hazardous to the occupant or will not result in injuries that could impede rapid egress. This assessment should include occupants whose restraint is loosely fastened. 7. It must be shown that an inadvertent deployment that could cause injury to a standing or sitting person is improbable. In addition, the restraint must also provide suitable visual warnings that would alert rescue personnel to the presence of an inflatable restraint system. 8. It must be shown that the inflatable restraint will not impede rapid egress of the occupants 10 seconds after its deployment. 9. To comply with HIRF and lightning requirements, the inflatable restraint system is considered a critical system since its deployment could have a hazardous effect on the airplane. 10. It must be shown that the inflatable restraints will not release hazardous quantities of gas or particulate matter into the cabin. 11. The inflatable restraint system installation must be protected from the effects of fire such that no hazard to occupants will result. 12. There must be a means to verify the integrity of the inflatable restraint activation system before each flight or it must be demonstrated to reliably operate between inspection intervals. 13. A life limit must be established for appropriate system components. 14. Qualification testing of the internal firing mechanism must be performed at vibration levels appropriate for a general aviation airplane. Issued in Kansas City, Missouri, on November 29, 2006. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-21018 Filed 12-11-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26527; Directorate Identifier 2006-NM-220-AD; Amendment 39-14850; AD 2006-25-09] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model MD-11F Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain McDonnell Douglas Model MD-11F airplanes. This AD requires a general visual inspection for installation of conduit and chafing damage on the auxiliary power unit
(APU)power feeder wires and the upper surface of the auxiliary fuel tank and repair if necessary. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to detect and correct unprotected APU power feeder wires that come into close proximity to the upper surface of the auxiliary “piggy back” fuel tank, which could result in a potential ignition source, and in combination with flammable fuel vapors, could cause a fuel tank explosion and consequent loss of the airplane. DATES: This AD becomes effective December 27, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of December 27, 2006. We must receive comments on this AD by February 12, 2007. ADDRESSES: Use one of the following addresses to submit comments on this AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • Fax:
(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for the service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone
(562)627-5262; fax
(562)627-5210. SUPPLEMENTARY INFORMATION: Discussion The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled “Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements” (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (“SFAR 88,” Amendment 21-78, and subsequent Amendments 21-82 and 21-83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate
(TC)and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with a latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Boeing also conducted an investigation and analysis on McDonnell Douglas Model MD-11 airplanes that revealed that eleven airplanes had two locations of unprotected auxiliary power unit
(APU)power feeder wires that come into close proximity to the upper surface of the auxiliary “piggy back” fuel tank. Unprotected APU power feeder wires that come into close proximity to the upper surface of the auxiliary “piggy back” fuel tank, could result in a potential ignition source and, in combination with flammable fuel vapors, could cause a fuel tank explosion and consequent loss of the airplane. Relevant Service Information We have reviewed Boeing Alert Service Bulletin
(ASB)MD11-24A222, dated August 16, 2006. The ASB describes procedures for performing a general visual inspection for installation of conduit and chafing damage on the APU feeder wires and upper surface of the auxiliary fuel tank. If protective conduit is installed, the ASB specifies that no further action is necessary. If no protective conduit is installed and no chafing is found, the ASB describes procedures for installing sleeving and high temperature tape and replacing clamps below the cabin floor beams. If no protective conduit is installed and chafing is found, the ASB describes procedures to repair any damaged APU power feeder wires and any damaged upper surface of the auxiliary fuel tank structure, as well as installing sleeving and high temperature tape and replacing clamps below the cabin floor beams. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA's Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other airplanes of the same type design that may be registered in the U.S. at some time in the future. Therefore, we are issuing this AD to detect and correct unprotected APU power feeder wires that come into close proximity to the upper surface of the auxiliary “piggy back” fuel tank, which, if not corrected, could result in a potential ignition source, and in combination with fuel vapors, could cause a fuel tank explosion and consequent loss of the airplane. This AD requires accomplishing the actions specified in the service information described previously. Costs of Compliance None of the airplanes affected by this action are on the U.S. Register. All airplanes affected by this AD are currently operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, we consider this AD necessary to ensure that the unsafe condition is addressed if any affected airplane is imported and placed on the U.S. Register in the future. If an affected airplane is imported and placed on the U.S. Register in the future, the required actions would take about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD would be $80 per airplane. FAA's Determination of the Effective Date No airplane affected by this AD is currently on the U.S. Register. Therefore, providing notice and opportunity for public comment is unnecessary before this AD is issued, and this AD may be made effective in less than 30 days after it is published in the **Federal Register** . Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2006-26527; Directorate Identifier 2006-NM-220-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov* . Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-25-09 McDonnell Douglas:** Amendment 39-14850. Docket No. FAA-2006-26527; Directorate Identifier 2006-NM-220-AD. Effective Date
(a)This AD becomes effective December 27, 2006. Affected ADs
(b)None. Applicability
(c)This AD applies to certain McDonnell Douglas Model MD-11F airplanes, identified in Boeing Alert Service Bulletin MD11-24A222, dated August 16, 2006; certificated in any category. Unsafe Condition
(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to detect and correct unprotected auxiliary power unit
(APU)power feeder wires that come into close proximity to the upper surface of the auxiliary “piggy back” fuel tank, which could result in a potential ignition source, and in combination with flammable fuel vapors, could cause a fuel tank explosion and consequent loss of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. General Visual Inspection
(f)Within 24 months after the effective date of this AD, perform a general visual inspection for installation of conduit and chafing damage on APU power feeder wires and upper surface of the auxiliary fuel tank, in accordance with Boeing Alert Service Bulletin MD11-24A222, dated August 16, 2006. Before further flight, accomplish any applicable repair or replacement in accordance with the alert service bulletin. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Los Angeles Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Material Incorporated by Reference
(h)You must use Boeing Alert Service Bulletin MD11-24A222, dated August 16, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Issued in Renton, Washington, on November 30, 2006. Kevin M. Mullin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-20951 Filed 12-11-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25554; Directorate Identifier 2006-NM-123-AD; Amendment 39-14852; AD 2006-25-11] RIN 2120-AA64 Airworthiness Directives; Lockheed Model L-1011 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain Lockheed Model L-1011 series airplanes. This AD requires a one-time detailed inspection of the C112 harness clamp assembly for proper installation, a one-time detailed inspection of the C112 and C162 harness assemblies for damage, and corrective actions if necessary. This AD results from a report of electrical arcing of the essential bus feeder cables behind hinged circuit breaker panel CB3 P-K. We are issuing this AD to prevent arcing of essential bus feeder cables due to improper installation of the harness C112 clamp assembly, which could result in loss of electrical systems and smoke and/or fire behind the CB3 P-K hinged circuit breaker panel in the flight compartment. DATES: This AD becomes effective January 16, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publications listed in the AD as of January 16, 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. Contact Lockheed Martin Aircraft & Logistics Center, 120 Orion Street, Greenville, South Carolina 29605, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Robert Chupka, Aerospace Engineer, Systems and Equipment Branch, ACE-119A, FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; telephone
(770)703-6070; fax
(770)703-6097. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Lockheed Model L-1011 series airplanes. That NPRM was published in the **Federal Register** on August 9, 2006 (71 FR 45447). That NPRM proposed to require a one-time detailed inspection of the C112 harness clamp assembly for proper installation, a one-time detailed inspection of the C112 and C162 harness assemblies for damage, and corrective actions if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request to Make Service Documents Available to the Public by Incorporation by Reference and Publication in the Docket Management System
(DMS)The Modification and Replacement Parts Association (MARPA) requests that we incorporate by reference the essential service documents in the NPRM. MARPA states that ADs are typically based upon service information originating with the type certificate holder or its suppliers. MARPA asserts that, if a service document is used as a mandatory element of compliance, it should not only be referred to, but also incorporated into the AD. MARPA adds that manufacturer's service documents are privately authored instruments, generally having copyright protection against duplication and distribution. When a service document is incorporated by reference into a public document, such as an AD, pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, it loses its private, protected status and becomes a public document. MARPA notes that the NPRM is one of these public documents, but does not incorporate by reference that service document. Therefore, the NPRM, as proposed, attempts to require compliance with a public law by reference to a private writing. MARPA believes that public laws, by definition, should be public and that they cannot rely on private writings. We do not agree that documents should be incorporated by reference during the NPRM phase of rulemaking. The Office of the Federal Register
(OFR)requires that documents that are necessary to accomplish the requirements of the AD be incorporated by reference during the final rule phase of rulemaking. This final rule incorporates by reference the document necessary for the accomplishment of the requirements mandated by this AD. Further, we point out that while documents that are incorporated by reference do become public information, they do not lose their copyright protection. For that reason, we advise the public to contact the manufacturer to obtain copies of the referenced service information. MARPA also requests that essential service documents be published in DMS. MARPA states that service documents incorporated by reference should be made available to the public by publication in either the **Federal Register** or DMS. MARPA also states that the purpose of the incorporation by reference method is brevity, to keep from expanding the **Federal Register** needlessly by publishing documents already in the hands of the affected individuals. MARPA adds that, traditionally, “affected individuals” means aircraft owners and operators, who are generally provided service information by the manufacturer. MARPA further adds that a new class of affected individuals has emerged, since the majority of aircraft maintenance is now performed by specialty shops instead of aircraft owners and operators. This new class includes maintenance and repair organizations, component servicing and repair shops, parts purveyors and distributors, and/or organizations repairing or servicing alternatively certified parts under section 21.303 (“Parts Manufacturer Approval”) of the Federal Aviation Regulations (14 CFR 21.303). MARPA states that the concept of brevity is now nearly archaic as documents exist more frequently in electronic format than on paper. In regard to MARPA's request that service documents be made available to the public by publication in the **Federal Register** , we agree that incorporation by reference was authorized to reduce the volume of material published in the **Federal Register** and the Code of Federal Regulations. However, as specified in the Federal Register Document Drafting Handbook, the Director of the OFR decides when an agency may incorporate material by reference. As the commenter is aware, the OFR files documents for public inspection on the workday before the date of publication of the rule at its office in Washington, DC. As stated in the Federal Register Document Drafting Handbook, when documents are filed for public inspection, anyone may inspect or copy file documents during the OFR's hours of business. Further questions regarding publication of documents in the **Federal Register** or incorporation by reference should be directed to the OFR. In regards to MARPA's request to post service bulletins on the Department of Transportation's DMS, we are currently in the process of reviewing issues surrounding the posting of service bulletins on the DMS as part of an 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. No change to the final rule is necessary in response to this comment. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 126 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspection of clamp assembly 2 $80 $0 $160 53 $8,480 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-25-11 Lockheed:** Amendment 39-14852. Docket No. FAA-2006-25554; Directorate Identifier 2006-NM-123-AD. Effective Date
(a)This AD becomes effective January 16, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Lockheed Model L-1011-385-1, L-1011-385-1-14, L-1011-385-1-15, and L-1011-385-3 series airplanes, certificated in any category; having serial numbers 93A through 193Y inclusive and 293A through 293F inclusive: -1002 through -1250 inclusive. Unsafe Condition
(d)This AD results from a report of electrical arcing of the essential bus feeder cables behind hinged circuit breaker panel CB3 P-K. We are issuing this AD to prevent arcing of essential bus feeder cables due to improper installation of the harness C112 clamp assembly, which could result in loss of electrical systems and smoke and/or fire behind the CB3 P-K hinged circuit breaker panel in the flight compartment. 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. Detailed Inspection of the C112 Harness Clamp Assembly
(f)Within 90 days after the effective date of this AD: Do the actions in paragraphs (f)(1) and (f)(2) of this AD by accomplishing all the actions specified in the Accomplishment Instructions of Lockheed L-1011 Service Bulletin 093-24-142, dated November 16, 2005. Do all applicable corrective actions before further flight.
(1)Perform a one-time detailed inspection of the C112 harness clamp assembly to find incorrectly installed harness clamps, and do all applicable corrective actions.
(2)Perform a one-time detailed inspection of the C112 and C162 harness assemblies to find evidence of chafing, arcing, or deterioration, and do all applicable corrective actions. Note 1: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.” Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Atlanta Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Material Incorporated by Reference
(h)You must use Lockheed L-1011 Service Bulletin 093-24-142, dated November 16, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Lockheed Martin Aircraft & Logistics Center, 120 Orion Street, Greenville, South Carolina 29605, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on December 1, 2006. Kevin M. Mullin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-20953 Filed 12-11-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25920; Directorate Identifier 2006-NM-137-AD; Amendment 39-14851; AD 2006-25-10] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for all BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ airplanes. This AD requires calculating the current life of each lift spoiler jack, and eventually replacing each lift spoiler jack. This AD results from a review of all system components as part of the life-extension program for the affected airplanes that indicated the fatigue life limit of certain lift spoiler jacks cannot be extended from the current life limit. We are issuing this AD to prevent failure of the lift spoiler jack, and consequent increased drag and uncommanded roll inputs, which could reduce the flightcrew's ability to control the airplane. DATES: This AD becomes effective January 16, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of January 16, 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. Contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1175; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all BAE Systems (Operations) Limited Model BAe 146 and Model Avro 146-RJ airplanes. That NPRM was published in the **Federal Register** on September 28, 2006 (71 FR 56903). That NPRM proposed to require calculating the current life of each lift spoiler jack, and eventually replacing each lift spoiler jack. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM 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. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Determine the life of each lift spoiler jack 1 $80 None $80 53 $4,240 Replace each lift spoiler jack (6 per airplane) 6 80 $102,000 102,480 53 5,431,440 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-25-10 BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft):** Amendment 39-14851. Docket No. FAA-2006-25920; Directorate Identifier 2006-NM-137-AD. Effective Date
(a)This AD becomes effective January 16, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to the airplanes specified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category, having lift spoiler jacks with part number (P/N) P308-45-0002, P308-45-0102, or P308-45-0202.
(1)All BAE Systems (Operations) Limited Model BAe 146-100A, -200A, and -300A series airplanes.
(2)All Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes. Unsafe Condition
(d)This AD results from a review of all system components as part of the life-extension program for the affected airplanes that indicated the fatigue life of certain lift spoiler jacks cannot be extended from the current life limit. We are issuing this AD to prevent failure of the lift spoiler jack, and consequent increased drag and uncommanded roll inputs, which could reduce the flightcrew's ability to control the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Calculating the Life Limit
(f)Within 18 months after the effective date of this AD: Calculate the current life of each lift spoiler jack in accordance with the Accomplishment Instructions of BAE Systems (Operations) Limited Modification Service Bulletin ISB.27-178, dated January 14, 2005. Note 1: BAE Systems (Operations) Limited Modification Service Bulletin ISB.27-178 refers to the service information listed in Table 1 of this AD as additional sources of service information for the actions in paragraphs
(f)and
(g)of this AD. Table 1.—Additional Sources of Service Information This service document— Is an additional source of service information for— BAE Systems (Operations) Limited Modification Service Bulletin SB.27-179-70675A, dated January 19, 2005 Replacing lift spoiler jacks having P/N P308-45-0002 and -0102. BAE Systems (Operations) Limited Inspection Service Bulletin ISB.05-005, Revision 1, dated June 9, 2005 Calculating the theoretical life when complete utilization records do not exist. Smiths Service Newsletter P308-27-003, dated March 12, 2004 Resolving anomalies with the P/Ns. Replacement
(g)Within 18 months after the effective date of this AD or before the accumulation of 55,000 total flight cycles on the lift spoiler jack, whichever occurs later: Replace each P/N P308-45-0002, P308-45-0102, or P308-45-0202 lift spoiler jack with a serviceable unit, in accordance with the Accomplishment Instructions of BAE Systems (Operations) Limited Modification Service Bulletin ISB.27-178, dated January 14, 2005. Thereafter, replace each lift spoiler jack with a serviceable unit at intervals not to exceed 55,000 flight cycles. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information
(i)European Aviation Safety Agency airworthiness directive 2006-0138, dated May 23, 2006, also addresses the subject of this AD. Material Incorporated by Reference
(j)You must use BAE Systems (Operations) Limited Modification Service Bulletin ISB.27-178, dated January 14, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on December 1, 2006. Kevin M. Mullin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-20952 Filed 12-11-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2004-NE-19-AD; Amendment 39-13197; AD 2004-26-05] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce plc RB211-524 Series Turbofan Engines; Correction AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; correction. SUMMARY: This document makes a correction to airworthiness directive
(AD)2004-26-05 applicable to certain Rolls-Royce plc
(RR)RB211-524 series turbofan engines that was published in the **Federal Register** on January 5, 2005. The part number UL29916 in the Applicability section is incorrect. This document corrects that part number. In all other respects, the original document remains the same. DATES: *Effective Date:* December 12, 2006. FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803-5299; telephone
(781)238-7178; fax
(781)238-7199. SUPPLEMENTARY INFORMATION: A final rule airworthiness directive FR Doc, 05-85 applicable to RR RB211-524 series turbofan engines, was published in the **Federal Register** on January 5, 2005 (70 FR 681). The following correction is needed: § 39.13 [Corrected] On page 682, in the first column, in the PART 39—AIRWORTHINESS DIRECTIVES Section, in the Applicability paragraph, in the second line, “UL29916” is corrected to read “UL26916”. Issued in Burlington, Massachusetts, on December 5, 2006. Diane M. Cook, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6-21122 Filed 12-11-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 558 New Animal Drugs For Use in Animal Feeds; Tylosin AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of a supplemental new animal drug application
(NADA)filed by Elanco Animal Health, A Division of Eli Lilly & Co. The supplemental NADA provides for an alternate feeding regimen for tylosin phosphate in Type C medicated swine feeds used for the control of swine proliferative enteropathies. DATES: This rule is effective December 12, 2006. FOR FURTHER INFORMATION CONTACT: Joan C. Gotthardt, Center for Veterinary Medicine (HFV-130), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7571, e-mail: *joan.gotthardt@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Elanco Animal Health, A Division of Eli Lilly & Co., Lilly Corporate Center, Indianapolis, IN 46285, filed a supplement to NADA 12-491 that provides for use of TYLAN (tylosin phosphate) Type A medicated articles. The supplement provides for an alternate feeding regimen for the control of swine proliferative enteropathies (ileitis) associated with *Lawsonia intracellularis* . In addition, Elanco Animal Health revised the names of other enteric pathogens of swine to reflect changes in the scientific nomenclature for these bacteria. The supplemental NADA is approved as of November 7, 2006, and the regulations in 21 CFR 558.625 are amended to reflect the approval. The basis of approval is discussed in the freedom of information summary. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this approval qualifies for 3 years of marketing exclusivity beginning November 7, 2006. FDA has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 558 Animal drugs, Animal feeds. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is amended as follows: PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS 1. The authority citation for 21 CFR part 558 continues to read as follows: Authority: 21 U.S.C. 360b, 371. 2. In § 558.625, revise paragraphs (f)(1)(i)( *b* ), (f)(1)(vi)( *b* )( *1* ), (f)(1)(vi)( *c* )( *1* ), and (f)(1)(vi)( *e* )( *1* ) to read as follows: § 558.625 Tylosin.
(f)* * *
(1)* * *
(i)* * * ( *b* ) *Indications for use.* For reduction of incidence of liver abscesses caused by *Fusobacterium necrophorum* and *Arcanobacterium (Actinomyces) pyogenes* .
(vi)* * * ( *b* ) * * * ( *1* ) *Indications for use.* For control of swine dysentery associated with *Brachyspira hyodysenteriae* , and for control of porcine proliferative enteropathies (ileitis) associated with *Lawsonia intracellularis* . ( *c* ) * * * ( *1* ) *Indications for use.* For treatment and control of swine dysentery associated with *B. hyodysenteriae* . ( *e* ) * * * ( *1* ) *Indications for use.* For control of porcine proliferative enteropathies (ileitis) associated with *L. intracellularis* . Dated: November 29, 2006. David R. Newkirk, Acting Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E6-21021 Filed 12-11-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9301] RIN 1545-BF89 Reduction in Taxable Income for Housing Hurricane Katrina Displaced Individuals AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Temporary regulations. SUMMARY: This document contains temporary regulations relating to the reduction in taxable income under section 302 of the Katrina Emergency Tax Relief Act of 2005. The regulations affect taxpayers who provide housing in their principal residences to individuals displaced by Hurricane Katrina. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the **Federal Register** . DATES: *Effective Date:* These regulations are effective December 11, 2006. *Applicability Date:* For date of applicability, see § 1.9300-1T(g). FOR FURTHER INFORMATION CONTACT: Marnette M. Myers, 202-622-4920 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document contains amendments to the Income Tax Regulations (26 CFR part 1) relating to the reduction in taxable income for housing provided to displaced individuals under section 302 of the Katrina Emergency Tax Relief Act of 2005 (Pub. L. No. 109-73, 119 Stat. 2016) (KETRA). For taxable years beginning in 2005 and 2006, a taxpayer may reduce taxable income by $500 for each Hurricane Katrina displaced individual to whom the taxpayer provides free housing in the taxpayer's principal residence for a period of 60 consecutive days that ends in the taxable year. No reduction is allowed if the taxpayer receives rent or other compensation from any source for providing the housing. A taxpayer may not claim a reduction in taxable income with respect to the same Hurricane Katrina displaced individual in more than one taxable year and must include the Hurricane Katrina displaced individual's tax identification number on the taxpayer's return. Generally, the total reduction for all taxable years is $2,000. A Hurricane Katrina displaced individual is defined as a natural person who was displaced from a principal place of abode that, on August 28, 2005, was in the Hurricane Katrina core disaster area. A Hurricane Katrina displaced individual also is defined as an individual whose principal place of abode was located in the Hurricane Katrina disaster area, but outside the core disaster area, if the abode was damaged by Hurricane Katrina or the individual was evacuated from the abode because of Hurricane Katrina. A Hurricane Katrina displaced individual may not be the taxpayer's spouse or dependent. Under section 2(1) of KETRA, the Hurricane Katrina disaster area is the area with respect to which a major disaster by reason of Hurricane Katrina has been declared by the President before September 14, 2005, under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) (Stafford Act). For purposes of relief provided under KETRA, this area comprises the states of Louisiana, Mississippi, Alabama, and Florida. Under section 2(2) of KETRA, the Hurricane Katrina core disaster area is the portion of the Hurricane Katrina disaster area determined by the President to warrant individual or individual and public assistance from the Federal government under the Stafford Act. See Appendix to Notice 2005-73 (2005-42 I.R.B. 723) (Oct. 17, 2005) (listing parishes and counties designated for assistance under the Stafford Act). Explanation of Provisions Provision of Housing The temporary regulations provide that a taxpayer is considered to provide housing if the housing is provided either in, or on the site of, the taxpayer's *principal residence* . In addition, the taxpayer must be an owner or lessee of the residence to be treated as providing housing to a Hurricane Katrina displaced individual. The term *principal residence* has the same meaning as in section 121 and the regulations thereunder. Amounts in connection with the provision of housing (for which the taxpayer may not be reimbursed or compensated) include rent and utilities. Amounts for telephone calls, food, clothing and transportation are not amounts in connection with the provision of housing for this purpose. Limitations on Amount of Reduction The temporary regulations provide that the $2,000 aggregate limit on the reduction in taxable income applies to unmarried individuals and married taxpayers filing a joint tax return. Married taxpayers who file separate returns may reduce taxable income by $1,000 each for all taxable years. The temporary regulations clarify that a taxpayer may reduce taxable income with respect to a specific Hurricane Katrina displaced individual in 2005 or 2006, but not both years. Additionally, the temporary regulations provide that a Hurricane Katrina displaced individual may be taken into account by only one taxpayer occupying the same principal residence. Effective Date The temporary regulations apply to taxable years beginning after December 31, 2004, and before January 1, 2007, and ending on or after December 11, 2006, which is the date the temporary regulations were filed with the **Federal Register** . Taxpayers may rely on the temporary regulations with respect to taxable years ending before the filing date, but may not rely on the absence of regulations for taxable years ending before the filing date for a result contrary to that under the temporary regulations. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. Please refer to the cross-referenced notice of proposed rulemaking published elsewhere in this issue of the **Federal Register** for applicability of the Regulatory Flexibility Act (5 U.S.C. chapter 6). Pursuant to section 7805(f) of the Code, these temporary regulations will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business. Drafting Information The principal author of these regulations is Marnette M. Myers of the Office of the Associate Chief Counsel (Income Tax and Accounting). However, other personnel from the IRS and Treasury Department participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES **Paragraph 1.** The authority citation for part 1 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * Section 1.9300-1T also issued under 26 U.S.C. 6001. * * * **Par. 2.** Section 1.9300-1T is added to read as follows: § 1.9300-1T Reduction in taxable income for housing Hurricane Katrina displaced individuals.
(a)*In general.* For a taxable year beginning in 2005 or 2006, a taxpayer who is a natural person may reduce taxable income by $500 for each Hurricane Katrina displaced individual (as defined in paragraph (e)(1) of this section) to whom the taxpayer provides housing free of charge in, or on the site of, the taxpayer's principal residence for a period of 60 consecutive days ending in the taxable year. A taxpayer may not claim the reduction in taxable income unless the taxpayer includes the taxpayer identification number of the Hurricane Katrina displaced individual on the taxpayer's income tax return.
(b)*Provision of housing* —(1) *Principal residence.* For purposes of this section, the term *principal residence* has the same meaning as in section 121 and the regulations thereunder. See § 1.121-1(b)(1) and (b)(2).
(2)*Legal interest required.* A taxpayer is treated as providing housing for purposes of this section only if the taxpayer is an owner or lessee (including a co-owner or co-lessee) of the residence.
(3)*Compensation for providing housing* —(i) *In general.* No reduction in taxable income is allowed under this section to a taxpayer who receives rent or any other amount from any source in connection with the provision of housing.
(ii)*Amounts in connection with the provision of housing.* For purposes of this section, amounts in connection with the provision of housing include (but are not limited to) amounts for rent and utilities. Amounts for telephone calls, food, clothing, and transportation are examples of amounts not in connection with the provision of housing.
(c)*Limitations* —(1) *Dollar limitation* —(i) *In general.* The reduction under paragraph
(a)of this section may not exceed the maximum dollar limitation reduced by the amount of the reduction under this section for all prior taxable years. The maximum dollar limitation is—
(A)$2,000 in the case of an unmarried individual;
(B)$2,000 in the case of a husband and wife who file a joint income tax return; and
(C)$1,000 in the case of a married individual who files a separate income tax return.
(ii)*Married individuals with separate principal residences.* The limitations in paragraphs (c)(1)(i)(B) and (c)(1)(i)(C) of this section apply without regard to whether the married individuals occupy the same principal residence. A person is treated as married for purposes of this section if the individual is treated as married under section 7703.
(2)*Spouse or dependent of the taxpayer.* No reduction is allowed for a Hurricane Katrina displaced individual who is the spouse or dependent of the taxpayer.
(3)*Individual taken into account only once.* A taxpayer may not reduce taxable income under paragraph
(a)of this section with respect to a Hurricane Katrina displaced individual who was taken into account by the taxpayer for any prior taxable year.
(4)*Taxpayers occupying the same principal residence.* A Hurricane Katrina displaced individual may be taken into account by only one taxpayer occupying the same principal residence for all taxable years.
(d)*Substantiation.* A taxpayer claiming a reduction under this section must prepare and maintain records sufficient to show entitlement to the reduction as provided in Form 8914 (Exemption Amount for Taxpayers Housing Individuals Displaced by Hurricane Katrina) or other forms, instructions, publications or guidance published by the IRS.
(e)*Definitions.* The following definitions apply for purposes of this section.
(1)*Hurricane Katrina displaced individual.* The term *Hurricane Katrina displaced individual* means any natural person if the following requirements are met—
(i)The person's principal place of abode on August 28, 2005, was in the Hurricane Katrina disaster area (as defined in paragraph (e)(2) of this section);
(ii)The person was displaced from that abode; and
(iii)If the abode was located outside the Hurricane Katrina core disaster area (as defined in paragraph (e)(3) of this section)—
(A)The abode was damaged by Hurricane Katrina; or
(B)The person was evacuated from that abode by reason of Hurricane Katrina.
(2)*Hurricane Katrina disaster area.* The term *Hurricane Katrina disaster area* means the states of Alabama, Florida, Louisiana, and Mississippi.
(3)*Hurricane Katrina core disaster area.* The term *Hurricane Katrina core disaster area* means the portion of the Hurricane Katrina disaster area designated by the President to warrant individual or individual and public assistance from the federal government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
(f)*Examples.* The provisions of this section are illustrated by the following examples in which each Hurricane Katrina displaced individual, who is not a dependent or spouse of the taxpayer, is provided housing (within the meaning of paragraph
(b)of this section) in, or on the site of, the taxpayer's principal residence for a period of at least 60 consecutive days ending in the applicable taxable year. The examples are as follows: Example 1. Taxpayer A provides housing to N, a Hurricane Katrina displaced individual, from September 1, 2005, until March 10, 2006. Under paragraphs
(a)and (c)(3) of this section, A may reduce taxable income by $500 on A's 2005 income tax return or A's 2006 income tax return, but not both, with respect to N. Example 2. The facts are the same as in *Example 1* except that A and B, A's unmarried roommate and co-lessee, provide housing to N. Under paragraphs
(a)and (c)(4) of this section, either A or B, but not both, may reduce taxable income by $500 for 2005 with respect to N. If either A or B reduces taxable income for 2005 with respect to N, neither A nor B may reduce taxable income with respect to N for 2006. Example 3. Unmarried roommates and co-lessees C and D provide housing to eight Hurricane Katrina displaced individuals during 2005. Under paragraphs
(a)and (c)(1)(i)(A) of this section, C and D each may reduce taxable income by $2,000 on their 2005 income tax returns. Example 4.
(i)H and W are married to each other and provide housing to a Hurricane Katrina displaced individual, O, in 2005. H and W file their 2005 income tax return married filing jointly. Under paragraphs
(a)and (c)(4) of this section, H and W may reduce taxable income by $500 on their 2005 income tax return with respect to O.
(ii)In 2006, H and W provide housing to O and to another Hurricane Katrina displaced individual, P. H and W file their 2006 income tax return married filing separately. Because H and W reduced their 2005 taxable income with respect to O, under paragraph (c)(3) of this section, neither H nor W may reduce taxable income on their 2006 income tax return with respect to O. Under paragraphs
(a)and (c)(4) of this section, either H or W, but not both, may reduce taxable income by $500 on his or her 2006 income tax return with respect to P.
(g)*Effective date.* This section applies for taxable years beginning after December 31, 2004, and before January 1, 2007, and ending on or after December 11, 2006. Approved: December 1, 2006. Linda M. Kroening, Acting Deputy Commissioner for Services and Enforcement. Eric Solomon, Acting Deputy Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E6-21031 Filed 12-11-06; 8:45 am] BILLING CODE 4830-01-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket No. 02-386; FCC 05-29] Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers AGENCY: Federal Communications Commission. ACTION: Final rule; announcement of effective date. SUMMARY: In this document, the Commission re-publishes its announcement that the Office of Management and Budget
(OMB)approved for three years the information collection requirements contained in the *Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers, Report and Order and Further Notice of Proposed Rulemaking on August 30, 2005* . On September 21, 2005, the Commission published an announcement of the effective date of the rules published at 70 FR 32258. This document announces the effective date of corrected rules published at 70 FR 54300. DATES: The corrected rules for § 64.4002 published at 70 FR 54300, September 14, 2005, are effective December 12, 2006. FOR FURTHER INFORMATION CONTACT: Lisa Boehley, Policy Division, Consumer & Governmental Affairs Bureau, at
(202)418-2512. SUPPLEMENTARY INFORMATION: This document announces that OMB approved for three years the information collection requirements contained in *Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers, Report and Order and Further Notice of Proposed Rulemaking* , FCC 05-29 published at 70 FR 54300, September 14, 2005. The information collections were approved by OMB on August 30, 2005. OMB Control Number 3060-1084. The Commission publishes this notice of the effective date of the corrected rules. If you have any comments on the burden estimates listed below, or how we can improve the collections and reduce any burdens caused thereby, please write to Leslie F. Smith, Federal Communications Commission, Room 1-A804, 445 12th Street, SW., Washington, DC 20554. Please include the OMB Control Number 3060-1084, in your correspondence. We will also accept your comments regarding the Paperwork Reduction Act aspects of the collections via the Internet, if you send them to *Leslie.Smith@fcc.gov* or you may call
(202)418-0217. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to *fcc504@fcc.gov* or call the Consumer & Governmental Affairs Bureau at
(202)418-0530 (voice),
(202)418-0432 (TTY). Synopsis As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC notified the public that it received approval from OMB on August 30, 2005, for the collections of information contained in the Commission's *Rules and Regulations Implementing Minimum Customer Account Record Exchange Obligations on All Local and Interexchange Carriers, Report and Order and Further Notice of Proposed Rulemaking* . On September 21, 2005, the Commission published an announcement of the effective date of the rules published at 70 FR 32258. The rules became effective on September 21, 2005. This document announces the effective date of the rules published at 70 FR 53400, which contained minor corrections to the rules published at 70 FR 32258. The total annual reporting burden associated with these collections of information, including the time for gathering and maintaining the collections of information, is estimated to be: 1,778 respondents, a total annual hourly burden of 44,576 hours, and $1,114,400 in total annual costs. Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid OMB Control Number. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, 44 U.S.C. 3507. List of Subjects in 47 CFR Part 64 Reporting and recordkeeping requirements, Telecommunications, Telephone. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-20909 Filed 12-11-06; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 216 and 252 RIN 0750-AF44 Defense Federal Acquisition Regulation Supplement; Labor Reimbursement on DoD Non-Commercial Time-and-Materials and Labor-Hour Contracts (DFARS Case 2006-D030) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide policy for reimbursing labor costs on competitively awarded DoD non-commercial time-and-materials and labor-hour contracts. DATES: *Effective Date:* February 12, 2007. *Comment Date:* Comments on the interim rule should be submitted to the address shown below on or before February 12, 2007, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2006-D030, using any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. • *E-mail: dfars@osd.mil* . Include DFARS Case 2006-D030 in the subject line of the message. • *Fax:*
(703)602-0350. • *Mail:* Defense Acquisition Regulations System, Attn: Ms. Robin Schulze, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. • *Hand Delivery/Courier:* Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Comments received generally will be posted without change to *http://www.regulations.gov* , including any personal information provided. FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze,
(703)602-0326. SUPPLEMENTARY INFORMATION: A. Background This interim DFARS rule supplements the final Federal Acquisition Regulation
(FAR)rule published in Federal Acquisition Circular 2005-15, under FAR Case 2004-015. The FAR rule clarifies payment procedures for non-commercial time-and-materials and labor-hour contracts, and prescribes the following three options for establishing fixed hourly rates on competitively awarded non-commercial time-and-materials and labor-hour contracts:
(1)Separate rates that include profit for each category of labor performed by the contractor and each subcontractor, and for each category of labor transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
(2)Blended rates that include profit for each category of labor performed by the contractor and its subcontractors, and labor transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
(3)Any combination of separate and blended rates for each category of labor. The FAR rule also authorizes agencies to select, and make mandatory, one of the three options at the agency level. DoD believes it is in the best interests of the Department to select, and make mandatory, the option requiring separate fixed hourly rates that include profit for each category of labor performed by the contractor and each subcontractor, and for each category of labor transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. The reasons for selection of this option include—
(1)The relatively large dollar value of many DoD non-commercial time-and-materials and labor-hour contracts;
(2)The significant oversight and legislative initiatives that have focused on DoD in recent years; and
(3)The preponderance of DoD non-commercial time-and-materials and labor-hour contracts performed by traditional DoD contractors and subcontractors, who already have the necessary mechanisms in place to establish separate fixed hourly rates for each performing entity without significant administrative burden. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. In accordance with established rulemaking procedures, DoD will coordinate with the Office of Management and Budget regarding public comments received in response to this interim rule prior to the issuance of a final rule. B. Regulatory Flexibility Act This rule may impact a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. DoD has prepared an initial regulatory flexibility analysis, which is summarized as follows: The objective of the rule is to select the FAR option for establishing labor rates that is the most suitable for DoD competitively awarded, non-commercial time-and-materials and labor-hour contracts. The legal basis for the rule is 41 U.S.C. 421. The rule will apply to all entities interested in receiving DoD competitively awarded non-commercial time-and-materials and labor-hour contracts. The impact on small entities is unknown at this time. DoD believes that, for non-commercial time-and-materials and labor-hour contracts, it is in the best interests of the Department to require use of the FAR option that provides for the establishment of separate fixed hourly rates for each category of labor performed by the contractor and each subcontractor, and for each category of labor transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. A copy of the analysis may be obtained from the point of contact specified herein. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2006-D030. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. This interim rule provides policy for reimbursing labor costs on competitively awarded DoD non-commercial time-and-materials and labor-hour contracts. DoD believes it is in the best interests of the Department to require the establishment of separate fixed hourly rates for each category of labor performed by the contractor and each subcontractor, and for each category of labor transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. The reasons for this decision include—
(1)The relatively large dollar value of many DoD non-commercial time-and-materials and labor-hour contracts;
(2)The significant oversight and legislative initiatives that have focused on DoD in recent years; and
(3)The preponderance of DoD non-commercial time-and-materials and labor-hour contracts performed by traditional DoD contractors and subcontractors, who already have the necessary mechanisms in place to establish separate fixed hourly rates for each performing entity without significant administrative burden. Comments received in response to this interim rule will be considered in the formation of the final rule. List of Subjects in 48 CFR Parts 216 and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 216 and 252 are amended as follows: 1. The authority citation for 48 CFR parts 216 and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 216—TYPES OF CONTRACTS 2. Section 216.601 is added to read as follows: 216.601 Time-and-materials contracts.
(e)*Solicitation provisions.* Use the provision at FAR 52.216-29, Time-and-Materials/Labor-Hour Proposal Requirements—Non-Commercial Item Acquisition with Adequate Price Competition, with 252.216-7002, Alternate A, in solicitations contemplating the use of a time-and-materials or labor-hour contract type for non-commercial items if the price is expected to be based on adequate competition. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Section 252.216-7002 is added to read as follows: 252.216-7002 Alternate A, Time-and-Materials/Labor-Hour Proposal Requirements—Non-Commercial Item Acquisition with Adequate Price Competition. As prescribed in 216.601(e), substitute the following paragraph
(c)for paragraph
(c)of the provision at FAR 52.216-29: ALTERNATE A, TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS—NON-COMMERCIAL ITEM ACQUISITION WITH ADEQUATE PRICE COMPETITION (FEB. 2007)
(c)The offeror must establish fixed hourly rates using separate rates for each category of labor to be performed by each subcontractor and for each category of labor to be performed by the offeror, and for each category of labor to be transferred between divisions, subsidiaries, or affiliates of the offeror under a common control. [FR Doc. 06-9602 Filed 12-6-06; 9:16 am]
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U.S. Code
- Avoidance of duplicative or unnecessary analyses§ 605
- General powers§ 1506
- Federal Aviation Administration§ 106
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- New animal drugs§ 360b
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- Procedure for declaration§ 5170
- Rules and regulations§ 7805
- Notice or regulations requiring records, statements, and special returns§ 6001
- Public information collection activities; submission to Director; approval and delegation§ 3507
- Definitions§ 601
- Periodic review of rules§ 610
- Purposes§ 3501
CFR
- Designation of applicable regulations.§ 21.101
- Special conditions.§ 21.16
- What public comment procedures does the FAA follow for Special Conditions?§ 11.38
- May I address the unsafe condition in a way other than that set out in the airworthiness directive?§ 39.19
- Application.§ 21.303
- Tylosin.§ 558.625
- Confidentiality of data and information in a new animal drug application file.§ 514.11
- Animal drugs.§ 25.33
20 references not yet in our index
- 7 CFR 457
- Pub. L. 104-4
- 7 CFR 3015
- 7 CFR 11
- 7 CFR 457.162
- 7 CFR 457.163
- 14 CFR 23
- 14 CFR 39
- 1 CFR 51
- 21 CFR 558
- 21 CFR 20
- 5 USC 801-808
- 26 CFR 1
- T.D. 9301
- Pub. L. 109-73
- 119 Stat. 2016
- 47 CFR 64
- 5 CFR 1320
- Pub. L. 104-13
- 41 USC 421
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Final rule
Cite7 CFR 457
Pub. L.Pub. L. 104-4
Cite7 CFR 3015
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