Unknown. Affirmation of interim rule as final rule
36,211 words·~165 min read·
/register/2007/01/04/06-9975·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-2007-01-04.xml --- 72 2 Thursday, January 4, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Interstate transportation of animals and animal products (quarantine): Tuberculosis in cattle and bison— State and zone designations, 247 E6-22545 Army Army Department NOTICES Environmental statements; notice of intent:
Stryker Brigade Combat Team Number 5; permanent stationing in Hawaii, 330-331 06-9966 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 326-327 E6-22560 Coast Guard Coast Guard NOTICES Committees; establishment, renewal, termination, etc.: South Texas Area Maritime Security Committee, 347-348 E6-22425 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Customs Customs and Border Protection Bureau NOTICES Air carriers:
U.S.-European Union agreement; passenger name record data processing and transfer, 348-351 06-9980 Defense Defense Department See Army Department Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent: Global Nuclear Energy Partnership, 331-336 E6-22548 Privacy Act; systems of records, 336-338 E6-22547 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:
California, 267-269 E6-22416 Tennessee, 265-267 E6-22478 Water supply: National primary drinking water regulations— Unregulated Contaminant Monitoring Regulation for Public Water Systems; revision, 368-398 E6-22123 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 296-297 E6-22418 Tennessee, 296 E6-22477 Grants; State and local assistance: Clean Water Act Section 106 grants; permit fee incentive; allotment formula, 293-296 E6-22549 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:
Airbus, 256-260 E6-22473 Boeing, 252-256 E6-22462 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 247-252 E6-22464 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 342-343 E6-22324 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: North Carolina, 287-291 E6-22522 Various States, 269-287 E6-22521 E6-22523 PROPOSED RULES Flood elevation determinations: Various States, 297-321 E6-22524 NOTICES Disaster and emergency areas:
New York, 351 E6-22520 Washington, 351 E6-22519 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 339-341 E6-22527 Hydroelectric applications, 341-342 E6-22525 *Applications, hearings, determinations, etc.:* Quoddy Bay Pipeline LLC et al., 338-339 E6-22526 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Bellefonte Historical Railroad Society, 359-360 E6-22557 Mid-Continent Railway Historical Society, Inc., 360 E6-22558 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Formations, acquisitions, and mergers, 343-344 E6-22532 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Hawaiian picture-wing flies, 321-325 E6-22538 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Atipamezole, 264 E6-22515 Chlorhexidine, 264-265 E6-22514 Clomipramine tablets, 261-262 E6-22509 Dexmedetomidine, 263 E6-22508 Dirlotapide solution, 262-263 E6-22542 Doxapram, 260-261 E6-22510 Florfenicol, 262 E6-22516 NOTICES Reports and guidance documents; availability, etc.:
Best Pharmaceuticals for Children Act— Pediatric studies; AZOPT, BETAXON, and GLEEVEC; medical and clinical pharmacology review summaries, 344 E6-22517 Forest Forest Service NOTICES Meetings: Eastern Washington Cascades Provincial Advisory Committee and Yakima Provincial Advisory Committee, 326 06-9964 National Urban and Community Forestry Advisory Council, 326 E6-22546 Geological Geological Survey NOTICES Meetings: Water Information Advisory Committee, 351-352 06-9963 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program:
Petitions received; list, 344-346 E6-22507 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 365-366 E6-22566 E6-22567 International International Trade Administration NOTICES Antidumping:
Carbazole violet pigment 23 from— China, 327-328 E6-22559 Gray portland cement and clinker from— Mexico, 328-329 06-9977 Structural steel beams from— Korea, 329-330 E6-22556 International International Trade Commission NOTICES Import investigations: Carbon steel products from— Various countries, 352 06-9982 Land Land Management Bureau NOTICES Survey plat filings: Nebraska, 352 E6-22506 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle theft prevention standards; exemption petitions, etc.:
BMW of North America, LLC, 360-361 06-9959 Mitsubishi Motors R&D of America, 362-363 06-9960 Reports and guidance documents; availability, etc.: Child restraint use survey; LATCH use and misuse, 363-364 E6-22529 NIH National Institutes of Health NOTICES Meetings: National Center for Research Resources, 346 06-9971 National Institute of Allergy and Infectious Diseases, 346-347 06-9970 National Institute of Nursing Research, 347 06-9972 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Northeastern United States fisheries— Emergency closure due to presence of toxin causing paralytic shellfish poisoning, 291-292 06-9975 Peace Peace Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 352-353 06-9955 06-9956 Presidential Presidential Documents PROCLAMATIONS African Growth and Opportunity Act; beneficiary country designations (Proc. 8098), 427-450 Trade: Certain pharmaceuticals and chemical intermediates; elimination of tariffs (Proc. 8095), 459-461 Harmonized Tariff Schedule of the U.S.; modification under the U.S.-Australia Free Trade Agreement (Proc. 8097), 453-458 Vietnam; normal trade relations (Proc. 8096), 451 *Special observances:* Announcing the Death of Gerald R.
Ford (Proc. 8093), 419-422 06-9991 National Day of Mourning for Gerald R. Ford (Proc. 8094), 423 06-9992 EXECUTIVE ORDERS Government agencies and employees: Closing of Government departments and agencies on January 2, 2007 (EO 13421), 425 06-9993 SEC Securities and Exchange Commission PROPOSED RULES Securities and investment advisers: Pooled investment vehicles, investor protections; private investment vehicles, accredited investor definition, 400-417 E6-22531 NOTICES Agency information collection activities; proposals, submissions, and approvals, 353-355 E6-22539 E6-22540 E6-22541 E6-22543 Securities:
Suspension of trading— Digital Concepts International, Inc., et al., 355 06-9967 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 355-357 E6-22544 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 357-359 E6-22528 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 364-365 E6-22550 E6-22551 Separate Parts In This Issue Part II Environmental Protection Agency, 368-398 E6-22123 Part III Securities and Exchange Commission, 400-417 E6-22531 Part IV Executive Office of the President, Presidential Documents, 419-425 06-9991 06-9992 06-9993 Part V Executive Office of the President, Presidential documents, 427-461 07-00005 07-00002 07-00004 07-00003 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. 72 2 Thursday, January 4, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 77 [Docket No. APHIS-2006-0145] Tuberculosis in Cattle and Bison; State and Zone Designations;
Texas AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the bovine tuberculosis regulations regarding State and zone classifications by raising the designation of Texas from modified accredited advanced to accredited-free. The interim rule was based on our determination that Texas met the criteria for designation as an accredited-free State.
DATES: Effective on January 4, 2007, we are adopting as a final rule the interim rule published at 71 FR 58252-58254 on October 3, 2006. FOR FURTHER INFORMATION CONTACT: Dr. Kathy Orloski, Epidemiologist, National Tuberculosis Eradication Program, National Center for Animal Health Programs, VS, APHIS, 2150 Centre Avenue, Building B, M/S 3E20, Fort Collins, CO 80526-8117,
(970)494-7221. SUPPLEMENTARY INFORMATION: Background In an interim rule 1 effective on September 29, 2006, and published in the **Federal Register** on October 3, 2006 (71 FR 58252-58254, Docket No. APHIS-2006-0145), we amended the bovine tuberculosis regulations regarding State and zone classifications in 9 CFR part 77 by raising the designation of Texas from modified accredited advanced to accredited-free. The interim rule was based on our determination that Texas met the criteria for designation as an accredited-free State. 1 To view the interim rule and the comment we received, go to *http://www.regulations.gov* , click on the “Advanced Search” tab, and select “Docket Search.” In the Docket ID field, enter APHIS-2006-0145, then click “Submit.” Clicking on the Docket ID link in the search results page will produce a list of all documents in the docket. Comments on the interim rule were required to be received on or before December 4, 2006. We received one comment by that date, from a private citizen. The commenter stated his belief that if his herd of cattle is tested, then all neighboring herds should be tested to ensure that all cattle in the area are free of tuberculosis. We noted in the interim rule that State animal health authorities in Texas have demonstrated to us that the State meets the criteria for accredited-free status set forth in the definition of *accredited-free State or zone* in § 77.5 of the tuberculosis regulations. Those criteria include a requirement for zero percent prevalence of affected cattle or bison herds. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule. This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. List of Subjects in 9 CFR Part 77 Animal diseases, Bison, Cattle, Reporting and recordkeeping requirements, Transportation, Tuberculosis. PART 77—TUBERCULOSIS Accordingly, we are adopting as a final rule, without change, the interim rule that amended 9 CFR part 77 and that was published at 71 FR 58252-58254 on October 3, 2006. Done in Washington, DC, this 26th day of December 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6-22545 Filed 1-3-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25643; Directorate Identifier 2006-NM-135-AD; Amendment 39-14869; AD 2006-26-11] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 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 EMBRAER Model ERJ 170 and ERJ 190 airplanes. This AD requires repetitive inspections to detect damaged smoke seals in the aft avionics compartment, repair/replacement if any damage is found, and reinforcement if no damage is found. This AD also requires eventual replacement of all smoke seals in the aft avionics compartment with new, improved seals having new part numbers, which terminates the repetitive inspections. This AD results from a report of damaged smoke seals in the aft avionics compartment of the affected airplanes. We are issuing this AD to prevent smoke from penetrating into the passenger cabin during a fire in the avionics compartment. DATES: This AD becomes effective February 8, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of February 8, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343-CEP 12.225, Sao Jose dos Campos—SP, Brazil, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 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 certain EMBRAER Model ERJ 170 and ERJ 190 airplanes. That NPRM was published in the **Federal Register** on August 21, 2006 (71 FR 48490). That NPRM proposed to require repetitive inspections to detect damaged smoke seals in the aft avionics compartment, repair/replacement if any damage is found, and reinforcement if no damage is found. That AD also proposed to require eventual replacement of all smoke seals in the aft avionics compartment with new, improved seals having new part numbers, which would terminate the repetitive inspections. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Withdraw the NPRM EMBRAER states that an AD does not apply in this case because there is no unsafe condition associated with this failure mode. EMBRAER explains that the smoke seals in the aft avionics compartment are installed to demonstrate compliance with section 25.831(c) of the Federal Aviation Regulations (14 CFR 25.831(c)). EMBRAER states that the configuration of the smoke seals was approved during the ERJ 170/190 certification campaign, based on the procedures established by Advisory Circular AC 25-9A (“Smoke Detection, Penetration, and Evacuation Tests and Related Flight Manual Emergency Procedures”), dated January 6, 1994, which, in part, provides guidelines for conducting certification tests relating to smoke detection, penetration, and evacuation. EMBRAER states that the smoke penetration test was carried out under critical conditions with a very large amount of smoke, and confirmed that the smoke seal is an efficient smoke barrier. EMBRAER also states that the potential source of smoke coming from the aft avionics compartment is residual smoke coming from the electronic equipment, which is designed not to generate fire. Therefore, EMBRAER states that no fire event is expected in the region, only a small amount of smoke. EMBRAER also addresses the damage on the smoke seal and states that all of the reported cases most likely happened during maintenance. EMBRAER states that these small damaged areas would not prevent the smoke seal from working satisfactorily as a smoke barrier, and that even in case of an unexpected smoke generation in the area, only a small amount of smoke would enter the passenger compartment. EMBRAER points out that the presence of smoke wisps in the passenger compartment was considered in the environmental system safety assessment, and that there are crew actions defined to mitigate this condition. We disagree that an AD does not apply in this case. EMBRAER has not provided sufficient technical justification that damaged smoke seals in the aft avionics compartment of the affected airplanes are not a potentially serious safety problem. Specifically, EMBRAER does not state whether it has performed smoke penetration testing with damaged or worn seals. EMBRAER also does not state if it has performed flight testing or only ground testing for smoke penetration. Finally, EMBRAER states that it has defined crew actions to mitigate wisps of smoke entering the cabin but does not refer to a documented cabin smoke evacuation procedure in the airplane flight manual to support this claim. We have determined that an unsafe condition exists, and that issuing an AD is the appropriate way to correct an unsafe condition. In addition, Agencia Nacional de Aviação Civil (ANAC), which is the airworthiness authority for Brazil, issued Brazilian airworthiness directives 2006-05-04 (for Model ERJ 170 airplanes) and 2006-05-07 (for Model ERJ 190 airplanes), both effective June 14, 2006, to address the subject unsafe condition. ANAC has not withdrawn their airworthiness directives, and has not advised us that it plans to do so. If EMBRAER can provide additional information to substantiate its statements, we may consider further rulemaking then. We have not changed the AD in this regard. Request To Change Incorporation of Certain Information The Modification and Replacement of Parts Association (MARPA), states that, typically, airworthiness directives are based on service information originating with the type certificate holder or its suppliers. MARPA adds that manufacturer service documents are privately authored instruments generally having copyright protection against duplication and distribution. MARPA notes that when a service document is incorporated by reference into a public document, such as an airworthiness directive, it loses its private, protected status and becomes a public document. MARPA adds that if a service document is used as a mandatory element of compliance, it should not simply be referenced, but should be incorporated into the regulatory document; by definition, public laws must be public, which means they cannot rely upon private writings. MARPA is concerned that the failure to incorporate essential service information could result in a court decision invalidating the AD. MARPA adds that incorporated by reference service documents should be made available to the public by publication in the Docket Management System (DMS), keyed to the action that incorporates them. MARPA notes that the stated 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; traditionally, “affected individuals” means aircraft owners and operators, who are generally provided service information by the manufacturer. MARPA 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. MARPA notes that this new class includes maintenance and repair organizations, component servicing and repair shops, parts purveyors and distributors, and organizations manufacturing or servicing alternatively certified parts under part 21 of the Federal Aviation Regulations (14 CFR part 21), section 21.303 (parts manufacturer approval (PMA)). MARPA adds that the concept of brevity is now nearly archaic, as documents exist more frequently in electronic format than on paper. Therefore, MARPA asks that the service documents deemed essential to the accomplishment of the NPRM be incorporated by reference into the regulatory instrument, and published in the DMS. We understand MARPA's comment concerning incorporation by reference. 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 documents 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. Additionally, we do not publish service documents in DMS. We are currently reviewing our practice of publishing proprietary service information. 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. However, we consider that to delay this AD action for that reason would be inappropriate, since we have determined that an unsafe condition exists and that the requirements in this AD must be accomplished to ensure continued safety. Therefore, we have not changed the AD in this regard. Request To Reference PMA Parts MARPA also states that type certificate holders in their service documents universally ignore the possible existence of PMA parts. MARPA states that this is especially true with foreign manufacturers where the concept may not exist or be implemented in the country of origin. MARPA points out that the service document upon which an airworthiness directive is based frequently will require removing a certain part-numbered part and installing a different part-numbered part as a corrective action. According to MARPA, this runs afoul of section 21.303 (“Parts Manufacturer Approval”) of the Federal Aviation Regulations (14 CFR 21.303), which permits the development, certification, and installation of alternatively certified parts. MARPA further states that installing a certain part-numbered part to the exclusion of all other parts is not a favored general practice. MARPA states that such an action has the dual effect of preventing, in some cases, the installation of a perfectly good part; while at the same time prohibiting the development of new parts permitted under section 21.303. According to MARPA, such a prohibition runs the risk of taking the AD out of the realm of safety and into the world of economics, since prohibiting the development, sale, and use of a perfectly airworthy part has nothing to do with safety. MARPA states that courts could easily construe such actions as being outside the statutory basis of the AD (safety) and, as such, unenforceable. MARPA adds that courts are reluctant to find portions of a rule unenforceable since they lack the knowledge and authority to re-write requirements, and are thus generally inclined to simply void the entire rule. We infer that MARPA would like the AD to permit installation of any equivalent PMA parts so that it is not necessary for an operator to request approval of an alternative method of compliance
(AMOC)in order to install an “alternatively certified” PMA part. Whether an alternative part resolves the unsafe condition can be determined only on a case-by-case basis, based on a complete understanding of the unsafe condition. We are not currently aware of any such parts. Our policy is that, in order for operators to replace a part with one that is not specified in the AD, they must request an AMOC. This is necessary so that we can make a specific determination that an alternative part is or is not susceptible to the same unsafe condition. In response to MARPA's statement regarding running afoul of section 21.303 of the Federal Aviation Regulations (14 CFR 21.303), under which the FAA issues PMAs, this statement appears to reflect a misunderstanding of the relationship between ADs and the certification procedural regulations of 14 CFR part 21. Those regulations, including section 21.303, are intended to ensure that aeronautical products comply with the applicable airworthiness standards. But ADs are issued when, notwithstanding those procedures, we become aware of unsafe conditions in these products or parts. Therefore, an AD takes precedence over design approvals when we identify an unsafe condition, and mandating installation of a certain part number in an AD is not at variance with section 21.303. The AD provides a means of compliance for operators to ensure that the identified unsafe condition is addressed appropriately. For an unsafe condition attributable to a part, the AD normally identifies the replacement parts necessary to obtain that compliance. As stated in section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), “Anyone who operates a product that does not meet the requirements of an applicable airworthiness directive is in violation of this section.” Unless an operator obtains approval for an AMOC, replacing a part with one not specified by the AD would make the operator subject to an enforcement action and result in a civil penalty. No change to the AD is necessary in this regard. Request for Compliance With FAA Order 8040.2/Agreement on Parts Replacement MARPA also points out that the NPRM, as written, does not comply with proposed Order 8040.2 (AD Process for Mandatory Continuing Airworthiness Information (MCAI)), which states in the PMA section: “MCAI that require replacement or installation of certain parts could have replacement parts approved under 14 CFR § 21.303 based on a finding of identicality. We have determined that any parts approved under this regulation and installed should be subject to the actions of our AD and included in the applicability of our AD.” MARPA states that in this case, certain seals have been determined to be defective and must be replaced with parts not containing the identified defect. MARPA has reviewed both the MARPA PMA database and the FAA's database for possible PMA alternatives to the defective seals, and found none. MARPA states that this does not guarantee that such parts do not now exist or may not exist in the future and believes the proposed regulatory action should address the possibility that there are or will be PMA parts matching those determined not to be airworthy. MARPA has noted that the FAA frequently states its policy of identifying defective parts only when they are known, but MARPA is of the opinion that the FAA's state of mind is irrelevant when constructing enforceable regulatory actions. MARPA believes that incorporating the language specified in proposed FAA Order 8040.2 should adequately address this concern. MARPA points out that the Small Airplane Directorate has developed a blanket statement that resolves this issue. The statement includes words similar to that in the proposed Order 8040.2. MARPA also points out that the Engine and Rotocraft Directorates avoid the issue by specifying “airworthy parts” be installed, leaving the determination of exactly which parts to the discretion of the installer. MARPA further states that because the NPRM differs markedly in treatment of this issue from that of the other directorates, the mandates contained in Section 1, paragraph (b)(10) of Executive Order 12866 are not being met. This paragraph requires that all agencies act uniformly on a given issue. MARPA therefore requests that we take steps to bring the universe of PMA parts under the appropriate scope of this AD both with respect to possible defective PMA parts and the use of possible present or future approved parts. We infer that MARPA would like the Transport Airplane Directorate to include words similar to those quoted from proposed Order 8040.2 in our ADs. We disagree. The order has been approved and released as Order 8040.5 (AD Process for Mandatory Continuing Airworthiness Information (MCAI)), dated September 29, 2006. The approved order does not include the requested language. Request To Append Certain Language MARPA also requests that we append the language in paragraph (f)(2) of the NPRM to add the following words, “or FAA-approved equivalent part number.” MARPA contends that the addition of those words would remove any possible conflict with 14 CFR 21.303 that may be raised with respect to the unmodified text in paragraph (f)(2) of the NPRM. We recognize the need for standardization on this issue and currently are in the process of reviewing it at the national level. The Transport Airplane Directorate considers that to delay this particular AD action would be inappropriate, since we have determined that an unsafe condition exists and that replacement of certain parts must be accomplished to ensure continued safety. Therefore, no change has been made to the final rule in this regard. Explanation of Change to Applicability We have revised the applicability of the existing AD to identify model designations as published in the most recent type certificate data sheet for the affected models. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. 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 Inspection, per inspection cycle 1 $80 None $80, per inspection cycle 78 $6,240. Reinforcement 1 80 Operator supplied $80, per inspection cycle 78 $6,240. Replacement 8 80 $244 to $265 $884 to $905 78 $68,952 to $70,590. 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): **2006-26-11 Empresa brasileira De Aeronautica S.A. (EMBRAER):** Amendment 39-14869. Docket No. FAA-2006-25643; Directorate Identifier 2006-NM-135-AD. Effective Date
(a)This AD becomes effective February 8, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to the airplanes identified in Table 1 of this AD, certificated in any category. Table 1.—Airplanes Affected by This AD EMBRAER Model— As identified in EMBRAER service bulletin— ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes 170-21-0017, Revision 01, dated February 15, 2006. ERJ 190-100 STD, -100 LR, and -100 IGW airplanes 190-21-0003, Revision 01, dated February 15, 2006. Unsafe Condition
(d)This AD results from a report of damaged smoke seals in the aft avionics compartment of the affected airplanes. We are issuing this AD to prevent smoke from penetrating into the passenger cabin during a fire in the avionics 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. Service Bulletin References
(f)The term “service bulletin,” as used in this AD, means the Accomplishment Instructions of the following service bulletins, as applicable:
(1)For the inspections, applicable corrective actions, and reinforcement specified in paragraph
(g)of this AD: EMBRAER Service Bulletins 170-21-0017, Revision 01, dated February 15, 2006 (for Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes); and 190-21-0003, Revision 01, dated February 15, 2006 (for Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes); and
(2)For the replacement specified in paragraph
(h)of this AD: EMBRAER Service Bulletins 170-21-0018, Revision 01, dated February 15, 2006 (for Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes); and 190-21-0004, dated December 2, 2005 (for Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes). Inspections and Reinforcement
(g)Within 600 flight hours after the effective date of this AD: Do a detailed inspection for damaged smoke seals in the aft avionics compartment; and, following the inspection, before further flight, reinforce around the Velcro fasteners by installing silver tape if no damage is found, and do all applicable corrective actions if any damage is found. Repeat the inspection thereafter at intervals not to exceed 1,200 flight hours until the replacement required by paragraph
(h)of this AD is done. Where the applicable service bulletin specifies reinforcing around the Velcro fasteners by installing silver tape if no damage is found during the detailed inspection, that reinforcement must be done the first time; it is required again only if damage is found during any repeat inspection. Do all actions in accordance with the applicable service bulletin specified in paragraph (f)(1) of this AD. If any damage exceeds the limits specified in the applicable service bulletin: Before further flight, do the replacement in paragraph
(h)of this AD. 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.” Replacement
(h)Within 6,000 flight hours after the effective date of this AD: Replace the smoke seal in the aft avionics compartment with a new, improved seal, having a new part number, in accordance with the Accomplishment Instructions of the applicable service bulletin specified in paragraph (f)(2) of this AD. Doing this replacement terminates the repetitive inspection requirements of paragraph
(g)of this AD. Parts Installation
(i)As of the effective date of this AD, no person may install a smoke seal in the aft avionics compartment on any airplane that has part number 170-96563-509, -511, -513, -515, -517, -519, -521, or -523; 171-04768-501, -503, -505, or -507; 190-15062-501, -503, -505, or -507; or 190-15902-501, -503, -505, or -507. Actions Accomplished According to Previous Issues of Service Bulletins
(j)Actions done before the effective date of this AD in accordance with the applicable service bulletins identified in Table 2 of this AD, are acceptable for compliance with the corresponding requirements of paragraphs
(g)and
(h)of this AD. Table 2.—Previous Issues of Service Bulletins EMBRAER service bulletin Date 170-21-0017 December 29, 2005. 170-21-0018 December 2, 2005. 190-21-0003 December 29, 2005. Alternative Methods of Compliance (AMOCs) (k)(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
(l)Brazilian airworthiness directives 2006-05-04 (for Model ERJ 170 airplanes) and 2006-05-07 (for Model ERJ 190 airplanes), both effective June 14, 2006, also address the subject of this AD. Material Incorporated by Reference
(m)You must use the service information specified in Table 3 of this AD, as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Table 3.—Material Incorporated by Reference EMBRAER service bulletin Revision level Date 170-21-0017 01 February 15, 2006. 170-21-0018 01 February 15, 2006. 190-21-0003 01 February 15, 2006. 190-21-0004 Original December 2, 2005. Issued in Renton, Washington, on December 21, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-22464 Filed 1-3-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-22629; Directorate Identifier 2005-NM-089-AD; Amendment 39-14867; AD 2006-26-09] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-200, -300, -400, and -500 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 Boeing Model 737-200, -300, -400, and -500 series airplanes. This AD requires a one-time inspection of the frames between station 360 and station 907 to determine if a subject support bracket for the air conditioning outlet extrusion is installed, and related repetitive investigative actions and repair if necessary. This AD also provides an optional preventive modification that ends the repetitive investigative actions. This AD also requires a one-time post-modification/repair inspection for cracking of each repaired/modified frame. This AD results from numerous reports indicating that frame cracks have been found at the attachment holes for support brackets for the air conditioning outlet extrusion. We are issuing this AD to detect and correct such cracking, which, if the cracking were to continue to grow, could result in a severed frame. A severed frame, combined with existing multi-site damage at the stringer 10 lap splice, could result in rapid decompression of the airplane. DATES: This AD becomes effective February 8, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of February 8, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for the service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6447; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Boeing Model 737-200, -300, -400, and -500 series airplanes. That NPRM was published in the **Federal Register** on October 6, 2005 (70 FR 58358). That NPRM proposed to require a one-time inspection of frames between station 360 and station 907 to determine if a subject support bracket for the air conditioning outlet extrusion is installed, and related repetitive investigative actions and repair if necessary. That NPRM also proposed to provide an optional preventive modification that would end the repetitive investigative actions. That NPRM also proposed to require a one-time post-modification/repair inspection for cracking of each repaired/modified frame. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Extend Certain Compliance Times KLM Royal Dutch Airlines (KLM), and the Air Transport Association (ATA), on behalf of United Airlines
(UAL)and US Airways, ask that the compliance time for the inspection be changed to coincide with scheduled maintenance checks. UAL notes that the 6,000-flight-cycle interval for the post-modification/repair inspection (between 18,000 and 24,000 flight cycles) does not fall into a compatible maintenance opportunity. UAL states that, when given the opportunity by Boeing to review the preliminary service bulletin, the requirement for this inspection was “within 30,000 flight cycles.” UAL asks if there is an alternative inspection method, such as an open hole eddy current inspection, which would extend the 6,000-flight-cycle repetitive inspection interval to 9,000 flight cycles to align with a heavy maintenance check. US Airways adds that the repeat inspection interval will have an adverse impact on operations. US Airways also adds that the repeat inspection interval seems to be arbitrary and unreasonable, and it imposes undue costs to the airline. US Airways has been addressing this issue since 1999, and notes that the existing maintenance program currently has a repeat inspection interval of 12,500 flight hours or approximately 9,375 flight cycles for the inspection for frame cracks in this location. US Airways adds that the inspection program has proven adequate to find and repair these cracks before they have an adverse impact on the structural integrity of the airplane. US Airways concludes that the increased inspection interval mentioned previously also minimizes impact to fleet operations, while still maintaining a sufficient level of safety. US Airways requests that the repeat inspection interval be increased to align with the existing scheduled heavy maintenance visits. KLM states that page 3 of the NPRM, under “Relevant Service Information,” specifies a compliance time of 5,000 flight cycles after the date of the service bulletin for the initial inspection, and an interval of 6,000 flight cycles for the repetitive inspections. KLM adds that the inspection is applicable to all frames, which amounts to 35 frames on the left- and right-hand sides, for a total of 70 inspection areas on a Boeing Model 737-300 airplane. Due to the extent of this work, the inspection in the NPRM must be accomplished during a planned maintenance check, preferably a D-check when the support brackets are accessible. Based on the current inspection interval, the inspection must be accomplished during a C-check, which necessitates additional work. KLM asks if we have considered possible cycle interval changes in order to relieve the economic burden of this inspection. We agree with the commenters' request to extend the inspection interval. We have worked with Boeing to expand the standard analysis methodology to better model service experience. The new analysis methodology allows for longer compliance times and longer grace periods for airplanes that did not have lower row lap splice cracking concerns. The new compliance times are identified in paragraph 1.E., “Compliance,” of Revision 1 of Boeing Special Attention Service Bulletin 737-53-1216, dated June 8, 2006. The new compliance times for the initial general visual, medium frequency eddy current
(MFEC)and high frequency eddy current
(HFEC)inspections, as applicable, are prior to the accumulation of 40,000 total flight cycles, or within 5,000 or 9,000 flight cycles (depending on the airplane configuration) after issuance of the service bulletin, whichever occurs later. The service bulletin specifies a repetitive interval (for all subject frames) of 9,000 flight cycles. We have reviewed the procedures in Revision 1 and have determined that they are essentially the same as those in the original issue of the service bulletin (which was referenced in the NPRM). The effectivity section in Revision 01 shows changes of airplane operators; however, Revision 01 does not necessitate additional work. Therefore, we have revised this AD to refer to Revision 1 of the service bulletin as the appropriate source of service information for accomplishing the required actions at the new extended compliance times. We have also added a statement to paragraph
(l)of this AD that gives credit for actions accomplished before the effective date of this AD in accordance with the original issue of the service bulletin. Request To Adopt an Alternative Compliance/Inspection Schedule Southwest Airlines
(SWA)requests that we consider an alternative inspection method—an external detailed visual inspection—that would extend the grace period from 5,000 flight cycles to a total of 10,000 flight cycles, particularly for airplanes that are not susceptible to multi-site damage. SWA notes that the areas of inspection are not easily accessible as those areas are located behind the overhead bins. SWA adds that the majority of operators do not have convenient scheduled maintenance visits that result in access to the interior area behind the overhead bins within a span of 5,000 or 6,000 flight cycles. SWA suggests revising the repetitive inspection requirements (every 6,000 flight cycles) to longer thresholds (every 10,000 flight cycles) for airplanes over 30,000 flight cycles, provided that the external inspections are being accomplished. SWA proposes an alternative inspection option for those airplanes that are not susceptible to multi-site damage, as follows: • Airplanes with less than 40,000 total flight cycles. • Airplanes on which Boeing Service Bulletin 737-53A1177, Revision 6, has been done for lap joint repairs, including window belt replacements. • Airplanes having line numbers 2553 and above, on which the lower row of fasteners of the stringer 10 lap joint is not susceptible to cracking. SWA provided an example of an alternative compliance/inspection table, which could be used for airplanes having over 30,000 flight cycles. We agree partially with the commenter's request. As stated previously under “Request to Extend Certain Compliance Times,” we have changed the compliance time in the AD to allow for better maintenance scheduling for operators. However, in order for operators to accomplish an inspection that is not specified in the AD, they must request and receive approval of an alternative method of compliance
(AMOC)in accordance with paragraph
(m)of this AD. This is necessary so that we can make a specific determination that an alternative inspection does or does not address the identified unsafe condition. If, after reviewing the changes included in this AD, SWA still wants to pursue the alternative inspection proposal, it can request an AMOC. Request To Change Paragraph
(f)of This AD Boeing asks that the second sentence in paragraph
(f)of the NPRM be changed to eliminate the reference to “part number (P/N) 65C7021.” Boeing reiterated the wording in that sentence and suggested it be changed to read, “Subject support brackets are attached to the frame with two rivets.” Boeing states that this change is required because the P/N may not be visible or even exist on the bracket, but the brackets can be easily identified by the number of fasteners attaching them to the frame. The structural detail of concern in the referenced service bulletin is the two fastener attachments. There are some air conditioning brackets (not having P/N 65C7021-( )) attached to the frame with three or more fasteners, but there is no known cracking at these locations. We agree with the commenter's request for the reasons provided by the commenter. We have changed paragraph
(f)of this AD accordingly. Request To Clarify Which Frames Require Inspection ATA, on behalf of Alaska Airlines, requests clarification of inspection requirements. Alaska states that the NPRM is not clear on the inspection requirements for the subject frames, and asks that clarification be provided in the final rule. Alaska also asks if access/identification of the brackets at the frame locations specified in the referenced service bulletin is required. In addition, Alaska asks for clarification of the requirements for the optional preventive modification specified in paragraph
(i)of the NPRM. Alaska states that the frames that do not require inspection may have two rivet attachments. We agree that clarification is needed for the reason provided by the commenter. The frames between stations 360 and 907 that have a support bracket with a two-rivet configuration attached need to be identified and inspected. The specific bracket does not need to be identified by part number. Inspection of the frames at stations 540, 663.75, 685, and 727 is not necessary. In addition, inspection of the frames at stations 616 and 601 on Model 737-200/-300/-400/-500 airplanes and the frames at stations 578 and 601 on Model 737-400 airplanes is not necessary. These frames are not susceptible to cracking at the bracket attachment. The optional preventive modification is not necessary for frames not susceptible to cracking. We have revised paragraph
(f)of this AD to clarify the frames that do require an inspection. The change for paragraph
(f)of this AD also clarifies the provision for the optional preventive modification as specified in paragraph
(i)of this AD. Request To Include Previously Repaired Frames United Airlines
(UAL)states that neither the referenced service bulletin nor the NPRM addresses the disposition of a frame that has been repaired previously per the structural repair manual (SRM). UAL adds that inspection requirements are included in the service bulletin, but the corrective action necessary for cracking found during an inspection of a frame repaired previously per the SRM is not included. In addition, an option to install a new repair on a frame that was repaired previously per the SRM in order to end the repetitive inspection requirement is not included. We agree partially with the commenter. We infer that the commenter wants further instruction on corrective action for discrepancies found in previously repaired frames and an option to install a new repair on those frames. We understand that installation of the generic frame repairs described in the SRM may vary extensively, depending on the original damage being repaired; however, guidelines do not exist to allow evaluation of these frame repairs for appropriate follow-on action. We agree that guidelines could be created that would allow the operator to evaluate the frame repair that is installed currently for appropriate follow-on actions. Such guidelines could be evaluated for issuance of an AMOC. Operators may request approval of an AMOC for repairs that are not identified in this AD under the provisions of paragraph (m)(1) of this AD. We have made no change to the AD in this regard. Request for Credit for Previously Accomplished Actions ATA, on behalf of Delta Airlines (DAL), states that on August 20, 2002, Boeing issued All Operator Message M-7200-02-01292. The message specifies accomplishing medium frequency eddy current inspections of affected brackets for airplanes with less than 30,000 total flight cycles, or within 5,000 flight cycles after issuance of the message, whichever occurred later. The inspections are to be repeated every 6,000 flight cycles (except where repairs or modifications were installed). The message also describes typical repairs and a terminating modification. DAL adds that neither the NPRM or the referenced service bulletin refer to the message or to the inspections and repairs accomplished per the message. DAL notes that this is a serious omission, as operators have been accomplishing inspections and repairs per the message during the twenty-eight months between issuance of the message and issuance of the referenced service bulletin. DAL states that credit for inspection/repairs and modifications accomplished in accordance with the message should be given in the AD. We agree with the commenter's request for the reasons provided. We have reviewed Boeing Communication M-7200-02-01292, dated August 20, 2002, and find that the procedures therein are essentially the same as the procedures specified in the referenced service bulletin. Therefore, we have added a new paragraph
(j)to the AD, and re-identified subsequent paragraphs, to give credit for actions accomplished before the effective date of this AD per the Boeing communication. The Boeing communication does not specify any post repair or modification inspection, therefore, operators are still required to accomplish those actions required by paragraph
(k)of this AD. Request To Increase Work Hours KLM, and ATA, on behalf of UAL and U.S. Airways, ask that the work hours included in the Costs of Compliance section of the NPRM be increased. UAL states that there is an enormous amount of open-up required to do the inspection that is not taken into account in the Costs of Compliance section of the NPRM. US Airways states that the cost section does not accurately reflect the actual cost of the NPRM to the airline industry. U.S. Airways notes that the frames between station 360 and station 907 are affected by the subject inspection and encompass essentially all of section 43 and section 46 of the airplane. Passenger seats, passenger service units, overhead bins, and sidewall liners must be removed to accommodate the inspection. This excessive teardown of the interior passenger cabin will add considerable downtime to this inspection. These interior passenger cabin items are not routinely removed at the intervals required by the initial inspection, nor the repeat inspection intervals (6,000 flight cycles), identified by the NPRM. Additionally, the Costs of Compliance section does not reflect an accurate time required to perform repairs should any cracks be found. U.S. Airways requests that the Costs of Compliance section be revised to accurately reflect the impact this NPRM would have on the industry by including factors for interior tear down and assembly for the initial and repeat inspections, plus a more accurate downtime cost incurred to accomplish repairs. KLM states that the work hours specified for the preventive modification and repair specified in the Costs of Compliance section are conservative. The estimated costs are based upon the inspection itself, while all activities to gain access to the support brackets are not taken into account. KLM adds that the work hours required to gain access in accordance with the referenced service bulletin are conservative when taking into account that passenger seats, service units, overhead stowage bins, and sidewall lining need to be removed. KLM requests that a more realistic number of work hours be specified in the Costs of Compliance section. We do not agree with the commenters' requests. The cost information below describes only the direct costs of the specific actions required by this AD. Based on the best data available, the manufacturer provided the number of work hours (2 work hours per frame) necessary to do the required actions. This number represents the time necessary to perform only the actions actually required by this AD. We recognize that, in doing the actions required by an AD, operators may incur incidental costs in addition to the direct costs. The cost analysis in AD rulemaking actions, however, typically does not include incidental costs such as the time required to gain access and close up, time necessary for planning, or time necessitated by other administrative actions. Those incidental costs, which may vary significantly among operators, are almost impossible to calculate. We have not changed the AD in this regard. We do not agree that the on-condition costs specified in the NPRM for time required to perform repairs if any cracks are found is inaccurate. As we noted above, the information provided by the manufacturer is the latest information we have, and that information has been used as the time required to perform repairs. We have not changed the AD in this regard. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. These changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 2,131 airplanes of the affected design in the worldwide fleet. This AD affects about 938 airplanes of U.S. registry. The inspection to identify subject support brackets, and subsequent MFEC and HFEC inspections take about 2 work hours per frame, with approximately 32 to 45 frames to be inspected per airplane, at an average labor rate of $65 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is between $3,902,080 and $5,487,300, or between $4,160 and $5,850 per airplane. The following table provides the estimated costs for U.S. operators to comply with the inspections of each frame for cracking, the preventive modification, and the repair specified in this AD, at an average labor rate of $65 per work hour. Note that the estimated cost specified in the table is per frame, not per airplane, as it is unknown how many frames on each airplane will have a subject bracket installed. Estimated On-Condition Costs Action Work hours Parts Cost per frame Preventive modification 4 Operator-provided $260 Repair 6 $608 998 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): **2006-26-09 Boeing:** Amendment 39-14867. Docket No. FAA-2005-22629; Directorate Identifier 2005-NM-089-AD. Effective Date
(a)This AD becomes effective February 8, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 737-200, -300, -400, and -500 series airplanes; certificated in any category; as identified in Boeing Special Attention Service Bulletin 737-53-1216, Revision 1, dated June 8, 2006. Unsafe Condition
(d)This AD results from numerous reports indicating that frame cracks have been found at the attachment holes for support brackets for the air conditioning outlet extrusion. We are issuing this AD to detect and correct such cracking, which, if the cracking were to continue to grow, could result in a severed frame. A severed frame, combined with existing multi-site damage at the stringer 10 lap splice, could result in rapid decompression 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. Inspection to Determine Subject Support Brackets
(f)Perform a one-time general visual inspection of the frames between station 360 and station 907 to identify the support brackets for the air conditioning outlet extrusion attached with a two-rivet configuration, in accordance with Part I of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-53-1216, Revision 1, dated June 8, 2006. Do this inspection at the applicable time specified in paragraph 1.E., “Compliance,” of the service bulletin, except, where the service bulletin specifies a compliance time after the issuance of the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD. Repetitive Inspections for Cracking
(g)For each frame with a subject support bracket identified during the inspection in accordance with paragraph
(f)of this AD: Perform a medium-frequency eddy current inspection for cracking of the frame around the attachment rivets of the support bracket, and a high-frequency eddy current inspection for cracking of the frame adjacent to the inboard fastener hole, by doing all the actions specified in and in accordance with Part I of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-53-1216, Revision 1, dated June 8, 2006, except for paragraph 3.B.2. of Part I (which was already done in accordance with paragraph
(f)of this AD). Do the initial inspections at the applicable time specified in paragraph 1.E., “Compliance,” of the service bulletin, except, where the service bulletin specifies a compliance time after the issuance of the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD. If no cracking is found, repeat the inspections thereafter at intervals not to exceed the repeat interval specified in paragraph 1.E., “Compliance,” of the service bulletin, until paragraph
(h)or
(i)of this AD is done. Repair
(h)For any frame in which cracking is found during any inspection required by paragraph
(g)of this AD: Before further flight, repair the cracking by doing all applicable actions in accordance with Part III of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-53-1216, Revision 1, dated June 8, 2006. Then, do paragraph
(k)of this AD, at the time specified in that paragraph. Doing this repair ends the repetitive inspections required by paragraph
(g)of this AD for each modified frame. Optional Preventive Modification
(i)For any frame on which a support bracket for the air conditioning outlet extrusion attached with a two-rivet configuration is installed: Doing all actions associated with the preventive modification in accordance with Part II of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-53-1216, Revision 1, dated June 8, 2006, ends the repetitive inspections required by paragraph
(g)of this AD for each modified frame. Do the requirements of paragraph
(k)of this AD on each modified frame at the time specified in that paragraph. Actions Accomplished According to Related Service Information
(j)Actions accomplished before the effective date of this AD according to Boeing Communication M-7200-02-01292, dated August 20, 2002; are considered acceptable for compliance with the corresponding actions specified in paragraphs (f), (g), (h), and
(i)of this AD, as applicable. Post-Modification/Repair Inspections
(k)For each frame repaired or modified in accordance with paragraph (h), (i), or
(j)of this AD, as applicable: Within 24,000 flight cycles after doing the modification/repair, but after a minimum of 18,000 flight cycles after doing the modification/repair, do one-time detailed inspections for cracking of the repaired/modified frame, air conditioning attach brackets, and stringer clips, by doing all actions in accordance with Part IV of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 737-53-1216, Revision 1, dated June 8, 2006. If any cracking is found during the post-modification/repair inspections, before further flight, repair the cracking using a method approved in accordance with paragraph
(m)of this AD. Actions Accomplished Previously
(l)Inspections/modifications/repairs done before the effective date of this AD in accordance with Boeing Special Attention Service Bulletin 737-53-1216, dated January 27, 2005, are acceptable for compliance with the corresponding actions required by this AD. Alternative Methods of Compliance (AMOCs) (m)(1) The Manager, Seattle Aircraft Certification Office (ACO), has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.
(3)Before using any AMOC approved in accordance with 14 CFR 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
(n)You must use Boeing Special Attention Service Bulletin 737-53-1216, Revision 1, dated June 8, 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, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Renton, Washington, on December 21, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-22462 Filed 1-3-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25389; Directorate Identifier 2006-NM-059-AD; Amendment 39-14870; AD 2006-26-12] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330, A340-200, and A340-300 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to all Airbus Model A330, A340-200, and A340-300 series airplanes. That AD currently requires repetitive inspections of a certain bracket that attaches the flight deck instrument panel to the airplane structure; replacement of the bracket with a new, improved bracket; and related investigative and corrective actions if necessary. This new AD requires replacement of the existing bracket with a titanium-reinforced bracket, which ends the repetitive inspections in the existing AD. This AD also requires related investigative and corrective actions while accomplishing the replacement, and reduces the applicability in the existing AD. This AD results from a report of cracking damage found on certain brackets that were replaced per the requirements in the existing AD. We are issuing this AD to prevent a cracked bracket. Failure of this bracket, combined with failure of the horizontal beam, could result in collapse of the left part of the flight deck instrument panel, and consequent reduced controllability of the airplane. DATES: This AD becomes effective February 8, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of February 8, 2007. On April 25, 2005 (70 FR 13345, March 21, 2005), the Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A330-25-3227, including Appendix 01, dated June 17, 2004; and Airbus Service Bulletin A340-25-4230, including Appendix 01, dated June 17, 2004. 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 Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2797; 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 supersedes AD 2005-06-08, amendment 39-14016 (70 FR 13345, March 21, 2005). The existing AD applies to all Airbus Model A330, A340-200, and A340-300 series airplanes. That NPRM was published in the **Federal Register** on July 19, 2006 (71 FR 40942). That NPRM proposed to continue to require repetitive inspections of a certain bracket that attaches the flight deck instrument panel to the airplane structure; replacement of the bracket with a new, improved bracket; and related investigative and corrective actions if necessary. The NPRM also proposed to add a requirement for replacement of the existing bracket with a titanium-reinforced bracket, which would end the repetitive inspections in the existing AD. The NPRM also proposed to require related investigative and corrective actions while accomplishing the replacement, and to reduce the applicability in the existing AD. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments that have been received on the NPRM. Request To Change Applicability Airbus suggests that the referenced service bulletins in paragraph
(k)of the NPRM be added to the applicability in paragraph
(c)of the NPRM. Airbus states that airplanes modified in service would then be excluded from the applicability after the service bulletins are done. We disagree with Airbus. The applicability of European Aviation Safety Agency
(EASA)airworthiness directives 2006-0045 and 2006-0047, both dated February 16, 2006, excludes airplanes on which Airbus Service Bulletins A330-25-3249 and A340-25-4245, both dated May 3, 2005, have been accomplished in service. However, we have not excluded those airplanes in the applicability of the AD; rather, the AD includes a requirement to accomplish the actions specified in those service bulletins. This requirement will ensure that the actions specified in the service bulletins and required by this AD are accomplished on all affected airplanes. Operators must continue to operate the airplane in the configuration required by this AD unless an alternative method of compliance
(AMOC)is approved. We have made no change to the AD in this regard. Request To Clarify Certain Requirements Airbus suggests that paragraph
(k)of the NPRM refer to Airbus (inspection) Service Bulletins A330-25-3227 and A340-25-4230, both Revision 01, both dated May 3, 2005, to avoid confusion with Airbus (modification) Service Bulletins A330-25-3249 and A340-25-4245, both dated May 3, 2005. We agree with Airbus. We have changed paragraph
(f)of this AD to limit the (inspection) service bulletin reference to paragraphs (g), (h), and
(i)of this AD. In addition, we have changed paragraph
(k)of this AD to refer to (modification) Airbus Service Bulletins A330-25-3249 and A340-25-4245, both dated May 3, 2005. Airbus also suggests that the description of the related investigative and corrective actions specified in parenthesis in paragraph
(k)be expanded, for clarification, to include the horizontal beam. We do not agree with Airbus. The description in parenthesis is informational only; there is no need to expand it further as the description is not meant to be all inclusive. We have made no change to the AD in this regard. Request To Remove Part Number Airbus recommends removing the reference to titanium-reinforced brackets having part number (P/N) F2511305220096, as specified in paragraph
(k)of the NPRM. Airbus states that referring to a specific part number for the replacement brackets may suggest that no other part number is acceptable. Airbus adds that, if a new or upgraded part is released in the field (illustrated parts catalog), installation of a new part number may lead to operator requests for information for the difference between the part number specified in the NPRM and any new part number. Airbus notes that this information would be technical documentation for demonstration of continued conformity to the AD. Airbus concludes that recording application of the referenced service bulletin should be adapted for compliance with the NPRM. We do not agree with Airbus. Replacement of brackets, as specified in paragraph
(k)of this AD, is to be accomplished in accordance with the Accomplishment Instructions of Airbus Service Bulletins A330-25-3249 and A340-25-4245, both dated May 3, 2005. Each of these service bulletins provides instructions for removal of the old bracket and installation of the new, reinforced bracket having P/N F2511305220096. Any other part number for the bracket, even if upgraded from those in the subject service bulletins, will need to be approved as an AMOC to paragraph
(k)of this AD, in accordance with the requirements in paragraph
(l)of this AD. We have made no change to the AD in this regard. Request to Publish Service Information/Incorporate by Reference in NPRM The Modification and Replacement Parts Association (MARPA) states that ADs are based on service information that originates from the type certificate holder or its suppliers. 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 if a service document is used as a mandatory element of compliance it should not simply be referenced, but should be incorporated by reference. MARPA believes that public laws, by definition, should be public, which means they cannot rely upon private writings for compliance. MARPA adds that the legal interpretation of a document is a question of law, not of fact; therefore, unless the service document is incorporated by reference it cannot be considered. MARPA is concerned that failure to incorporate essential service information could result in a court decision invalidating the AD. MARPA also states that service documents incorporated by reference should be made available to the public by publication in the Docket Management System (DMS), keyed to the action that incorporates those documents. MARPA notes that the stated 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 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. MARPA notes that this new class includes maintenance and repair organizations, component servicing, and/or servicing alternatively certified parts under section 21.303 (“Replacement and modification parts”) of the Federal Aviation Regulations (14 CFR 21.303). MARPA notes that the concept of brevity is now nearly archaic as documents exist more frequently in electronic format than on paper. Therefore, MARPA asks that the service documents deemed essential to the accomplishment of the NPRM be incorporated by reference into the regulatory instrument and published in DMS. We understand MARPA's concern about incorporating by reference service information. 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, as noted by the commenter, 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. In regard 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 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 AD is necessary in response to these comments. Requests Regarding Parts Manufacturer Approval
(PMA)Parts MARPA states that type certificate holders in their service documents universally ignore the possible existence of PMA parts. According to MARPA, this is especially true with foreign manufacturers where the concept may not exist or be implemented in the country of origin. MARPA states that frequently the service bulletin upon which an AD is based will require the removal of a certain part number and the installation of a different part number as a corrective action. MARPA states that this practice runs afoul of section 21.303 (“Replacement of modification parts”) of the Federal Aviation Regulations (14 CFR 21.303), which permits the development, certification, and installation of alternatively certified parts (PMA). MARPA states that mandating the installation of a certain part number to the exclusion of all other parts is not a favored general practice. According to MARPA, such action has the dual effect of preventing, in some cases, the installation of perfectly good parts, while at the same time prohibiting the development of new parts permitted under 14 CFR 21.303. MARPA states that such a prohibition runs the risk of taking the AD out of the realm of safety and into the world of economics since prohibiting the development, sale, and use of a perfectly airworthy part has nothing to do with safety. MARPA adds that courts could easily construe such actions as being outside the statutory basis of the AD (safety), and thus unenforceable. MARPA concludes that courts are reluctant to find portions of a rule unenforceable since they lack the knowledge and authority to rewrite requirements, and are generally inclined to void the entire rule. In addition, MARPA believes that the practice of requiring an AMOC to install a PMA part should be stopped. MARPA states that this is somehow tantamount to illogically stating that all PMA parts are inherently defective and require an additional layer of approval when the original equipment manufacturer
(OEM)part is determined to be defective. MARPA suspects that FAA personnel who diligently labored to certify the PMA part might disagree with such a narrow, OEM slanted view. MARPA adds that if the PMA part is defective then it must be deemed so in the AD, and not simply implied by a catch-all AMOC requirement. MARPA states that it has repeatedly requested that language be adopted to trap such defective parts. MARPA suggests that, to accomplish this, the Transport Airplane Directorate adopt the language used by the Small Airplane Directorate. MARPA adds that this action, as written, does not comply with proposed FAA Order 8040.2, which requires replacement or installation of certain parts, could have replacement parts approved under Federal Aviation Regulation 14 CFR 21.203, based on a finding of the part being identical. MARPA also points out that another AD issued from a Directorate other than the Transport Airplane Directorate contains a blanket statement that resolves the PMA issue by adding the phrase, “or FAA-approved equivalent P/N” to the part number mandated to be installed. MARPA requests that the FAA modify the NPRM to include this language. The NPRM did not address PMA parts, as provided in draft FAA Order 8040.2, because the Order was only a draft that was out for comment at the time. After issuance of the NPRM, the Order was revised and issued as FAA Order 8040.5 with an effective date of September 29, 2006. FAA Order 8040.5 does not address PMA parts in ADs. The FAA recognizes the need for standardization of this issue and is currently in the process of reviewing issues that address the use of PMAs in ADs at the national level. However, the Transport Airplane Directorate considers that to delay this particular AD action would be inappropriate, since we have determined that an unsafe condition exists and that replacement of certain parts must be accomplished to ensure continued safety. Therefore, no change has been made to the AD in this regard. Conclusion We have carefully reviewed the available data, including the comments that have been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. These changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 24 Model A330 series airplanes of U.S. registry. The inspections that are required by AD 2005-06-08 and retained in this AD 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 currently required actions is $80 per airplane, per inspection cycle. The new replacement and investigative actions take about 9 work hours per airplane, at an average labor rate of $80 per work hour. Required parts will cost about $330 per airplane. Based on these figures, the estimated cost of the new actions specified in this AD for U.S. operators is $25,200, or $1,050 per airplane. There are currently no affected Model A340-200 and -300 series airplanes of U.S. registry. However, if one of these airplanes is imported and put on the U.S. Register in the future, these cost estimates will also apply to those airplanes. 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 removing amendment 39-14016 (70 FR 13345, March 21, 2005) and by adding the following new airworthiness directive (AD): **2006-26-12 Airbus:** Amendment 39-14870. Docket No. FAA-2006-25389; Directorate Identifier 2006-NM-059-AD. Effective Date
(a)This AD becomes effective February 8, 2007. Affected ADs
(b)This AD supersedes AD 2005-06-08. Applicability
(c)This AD applies to Airbus Model A330, A340-200, and A340-300 series airplanes; certificated in any category; except airplanes on which Airbus Modification 53446 has been incorporated in production. Unsafe Condition
(d)This AD results from a report of cracking damage found on certain brackets that were replaced to address an unsafe condition. We are issuing this AD to prevent a cracked bracket. Failure of this bracket, combined with failure of the horizontal beam, could result in collapse of the left part of the flight deck instrument panel, and consequent reduced controllability 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. Restatement of Certain Requirements of AD 2005-06-08 Service Bulletin Reference
(f)The term “service bulletin,” as used in paragraphs (g), (h), and
(i)of this AD, means the Accomplishment Instructions of Airbus Service Bulletins A330-25-3227 (for Model A330 series airplanes) and A340-25-4230 (for Model A340-200 and -300 series airplanes), both Revision 01, both dated May 3, 2005; as applicable. Accomplishment before the effective date of this AD of Airbus Service Bulletins A330-25-3227 and A340-25-4230, both including Appendix 01, both dated June 17, 2004, as applicable, is an acceptable means of compliance for paragraphs (g), (h), and
(i)of this AD. Initial Inspection
(g)At the applicable time specified in paragraph (g)(1) or (g)(2) of this AD, perform a detailed inspection of the bracket having part number (P/N) F2511012920000, which attaches the flight deck instrument panel to airplane structure, in accordance with the applicable service bulletin.
(1)For Model A330 series airplanes: Prior to the accumulation of 16,500 total flight cycles, or within 60 days after April 25, 2005 (the effective date of AD 2005-06-08), whichever is later.
(2)For Model A340-200 and -300 series airplanes: Prior to the accumulation of 9,700 total flight cycles, or within 2,700 flight cycles after April 25, 2005, whichever is later. 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.” No Cracking/Repetitive Inspections
(h)If no crack is found during the initial inspection required by paragraph
(g)of this AD: Repeat the inspection thereafter at the applicable interval specified in paragraph (h)(1) or (h)(2) of this AD, until the replacement specified in paragraph
(k)of this AD has been accomplished.
(1)For Model A330 series airplanes: Intervals not to exceed 13,800 flight cycles.
(2)For Model A340-200 and -300 series airplanes: Intervals not to exceed 7,000 flight cycles. Crack Found/Replacement and Repetitive Inspections
(i)If any crack is found during any inspection required by paragraph
(g)or
(h)of this AD: Do the actions in paragraphs (i)(1) and (i)(2) of this AD, except as provided by paragraph
(j)of this AD, until accomplishment of the replacement required by paragraph
(k)of this AD.
(1)Before further flight: Replace the cracked bracket with a new, improved bracket having P/N F2511012920095, in accordance with the service bulletin.
(2)Repeat the inspection of the replaced bracket as required by paragraph
(g)of this AD, at the time specified in paragraph (i)(2)(i) or (i)(2)(ii) of this AD. Then, do repetitive inspections or replace the bracket as specified in paragraph
(h)or
(i)of this AD, as applicable.
(i)For Model A330 series airplanes: Within 16,500 flight cycles after replacing the bracket.
(ii)For Model A340-200 and -300 series airplanes: Within 9,700 flight cycles after replacing the bracket.
(j)If both flanges of a bracket are found broken during any inspection required by this AD: Before further flight, replace the bracket as specified in paragraph
(i)of this AD and perform any applicable related investigative and corrective actions (which may include inspections for damage to surrounding structure caused by the broken bracket, and corrective actions for any damage that is found), in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA)(or its delegated agent). New Requirements of This AD Replacement of Brackets/Investigative and Corrective Actions
(k)Except as required by paragraph (i)(1) of this AD: Within 72 months after the effective date of this AD, replace existing brackets having P/N F2511012920000 or P/N F2511012920095 with titanium-reinforced brackets having P/N F2511305220096; and perform any related investigative and corrective actions (which may include detailed inspections for cracking of the bracket or damage to surrounding structure caused by a broken bracket, and applicable corrective actions for any damage that is found); in accordance with the Accomplishment Instructions of Airbus Service Bulletins A330-25-3249 and A340-25-4245, excluding Appendix 01, both dated May 3, 2005, as applicable. If any crack is found, before further flight, repair in accordance with the applicable service bulletin. Replacement of the affected bracket with a titanium-reinforced bracket having P/N F2511305220096 ends the repetitive inspections required by paragraph
(h)or
(i)of this AD. Although the service bulletins specify to submit certain information to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs) (l)(1) The Manager, International Branch, ANM-116, 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 14 CFR 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
(m)EASA airworthiness directives 2006-0045 and 2006-0047, both dated February 16, 2006, also address the subject of this AD. Material Incorporated by Reference
(n)You must use the applicable service bulletin specified in Table 1 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of the service bulletins specified in Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
(2)On April 25, 2005 (70 FR 13345, March 21, 2005), the Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A330-25-3227, including Appendix 01, dated June 17, 2004; and Airbus Service Bulletin A340-25-4230, including Appendix 01, dated June 17, 2004.
(3)Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov;* or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call
(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Table 1.—All Material Incorporated by Reference Airbus service bulletin Revision level Date A330-25-3227, including Appendix 01 Original June 17, 2004. A330-25-3227, excluding Appendix 01 01 May 3, 2005. A330-25-3249 Original May 3, 2005. A340-25-4230, including Appendix 01 Original June 17, 2004. A340-25-4230, excluding Appendix 01 01 May 3, 2005. A340-25-4245 Original May 3, 2005. Table 2.—New Material Incorporated by Reference Airbus service bulletin Revision level Date A330-25-3227, excluding Appendix 01 01 May 3, 2005. A330-25-3249 Original May 3, 2005. A340-25-4230, excluding Appendix 01 01 May 3, 2005. A340-25-4245 Original May 3, 2005. Issued in Renton, Washington, on December 21, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-22473 Filed 1-3-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 510 and 522 Implantation or Injectable Dosage Form New Animal Drugs; Doxapram 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 an abbreviated new animal drug application (ANADA) filed by Modern Veterinary Therapeutics, LLC. The ANADA provides for the use of doxapram hydrochloride injectable solution in dogs, cats, and horses to stimulate respiration during and after general anesthesia. DATES: This rule is effective January 4, 2007. FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for Veterinary Medicine (HFV-104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0169, e-mail: *john.harshman@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Modern Veterinary Therapeutics, LLC, 18301 SW. 86th Ave., Miami, FL 33157, filed ANADA 200-435 that provides for use of RESPIRAM (doxapram hydrochloride), an injectable solution, in dogs, cats, and horses to stimulate respiration during and after general anesthesia. Modern Veterinary Therapeutics, LLC's RESPIRAM is approved as a generic copy of DOPRAM-V Injectable, sponsored by Fort Dodge Animal Health, Division of Wyeth, under NADA 034 879. The ANADA is approved as of November 21, 2006, and the regulations are amended in 21 CFR 522.775 to reflect the approval and a current format. The basis of approval is discussed in the freedom of information summary. In addition, Modern Veterinary Therapeutics, LLC, has not been previously listed in the animal drug regulations as a sponsor of an approved application. Accordingly, 21 CFR 510.600(c) is being amended to add entries for this firm. 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. The agency 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 21 CFR Part 510 Administrative practice and procedure, Animal drugs, Labeling, Reporting and recordkeeping requirements. 21 CFR Part 522 Animal drugs. 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 parts 510 and 522 are amended as follows: PART 510—NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 510 continues to read as follows: Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e. 2. In § 510.600, in the table in paragraph (c)(1), alphabetically add a new entry for “Modern Veterinary Therapeutics, LLC”; and in the table in paragraph (c)(2) numerically add a new entry for “015914” to read as follows: § 510.600 Names, addresses, and drug labeler codes of sponsors of approved applications.
(c)* * *
(1)* * * Firm name and address Drug labeler code * * * * * Modern Veterinary Therapeutics, LLC, 18301 SW. 86th Ave., Miami, FL 33157 015914 * * * * *
(2)* * * Drug labeler code Firm name and address * * * * * 015914 Modern Veterinary Therapeutics, LLC, 18301 SW. 86th Ave., Miami, FL 33157 * * * * * PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 3. The authority citation for 21 CFR part 522 continues to read as follows: Authority: 21 U.S.C. 360b. 4. Revise § 522.775 to read as follows: § 522.775 Doxapram.
(a)*Specifications* . Each milliliter of solution contains 20 milligrams
(mg)doxapram hydrochloride.
(b)*Sponsor* . See Nos. 000856 and 015914 in § 510.600(c) of this chapter.
(c)*Conditions of use* —(1) *Amount* . For intravenous use in dogs and cats at a dose of 2 1/2 to 5 mg per pound (/lb) body weight in barbiturate anesthesia, 0.5 mg/lb in inhalation anesthesia; for intravenous use in horses at 0.25 mg/lb body weight in barbiturate anesthesia, 0.2 mg/lb in inhalation anesthesia, 0.25 mg/lb with chloral hydrate with or without magnesium sulfate; for subcutaneous, sublingual, or umbilical vein administration in neonate puppies at a dose rate of 1 to 5 mg; for subcutaneous or sublingual use in neonate kittens at 1 to 2 mg. Dosage may be repeated in 15 to 20 minutes if necessary.
(2)*Indications for use* . Administer to dogs, cats, and horses to stimulate respiration during and after general anesthesia; or to speed awakening and return of reflexes after anesthesia. Administer to neonate dogs and cats to initiate respiration following dystocia or caesarean section; or to stimulate respiration following dystocia or caesarean section.
(3)*Limitations* . Federal law restricts this drug to use by or on the order of a licensed veterinarian. Dated: December 19, 2006. Stephen F. Sundlof, Director, Center for Veterinary Medicine. [FR Doc. E6-22510 Filed 12-29-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Clomipramine Tablets 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 Novartis Animal Health US, Inc. The supplemental NADA adds a 5-milligram tablet size of clomipramine hydrochloride, used in dogs for treatment of separation anxiety. DATES: This rule is effective January 4, 2007. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7540, e-mail: *melanie.berson@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Novartis Animal Health US, Inc., 3200 Northline Ave., suite 300, Greensboro, NC 27408, filed a supplement to NADA 141-120 that provides for the veterinary prescription use of CLOMICALM (clomipramine hydrochloride) Tablets for treatment of separation anxiety in dogs. The supplement provides for a 5-milligram tablet size of clomipramine hydrochloride. The supplemental NADA is approved as of November 22, 2006, and 21 CFR 520.455 is 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. 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 520 Animal drugs. 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 520 is amended as follows: PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 520 continues to read as follows: Authority: 21 U.S.C. 360b. 2. In § 520.455, revise the section heading and paragraph
(a)to read as follows: § 520.455 Clomipramine tablets.
(a)Specifications. Each tablet contains 5, 20, 40, or 80 milligrams
(mg)clomipramine hydrochloride. Dated: December 19, 2006. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E6-22509 Filed 1-3-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Florfenicol 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 Schering-Plough Animal Health Corp. The supplemental NADA revises the nomenclature for a respiratory pathogen in the label claim for florfenicol when used in swine drinking water for the treatment of respiratory disease. DATES: This rule is effective January 4, 2007. 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: Schering-Plough Animal Health Corp., 556 Morris Ave., Summit NJ 07901, filed a supplement to NADA 141-206 for NUFLOR (florfenicol) 2.3% Concentrate Solution used to make medicated drinking water for administration to swine for the treatment of respiratory disease associated with several bacterial pathogens. The supplemental NADA revises the nomenclature for a respiratory pathogen in the label claim. The supplemental NADA is approved as of December 8, 2006, and the regulations in 21 CFR 520.955 are amended to reflect the approval. Approval of this supplemental NADA did not require review of additional safety or effectiveness data or information. Therefore, a freedom of information summary is not required. The agency 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 520 Animal drugs. 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 520 is amended as follows: PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 520 continues to read as follows: Authority: 21 U.S.C. 360b. § 520.955 [Amended] 2. In paragraph (d)(2) of § 520.955, remove the words “Type 2”. Dated: December 21, 2006. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E6-22516 Filed 12-29-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Dirlotapide 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 new animal drug application
(NADA)filed by Pfizer, Inc. The NADA provides for the veterinary prescription use of dirlotapide solution in dogs for the management of obesity. DATES: This rule is effective January 4, 2007. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7540, e-mail: *melanie.berson@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Pfizer, Inc., 235 East 42d St., New York, NY 10017-5755, filed NADA 141-260 for SLENTROL (dirlotapide) Oral Solution. The NADA provides for the veterinary prescription use of dirlotapide solution in dogs for the management of obesity. The application is approved as of December 12, 2006, and the regulations are amended in 21 CFR part 520 by adding new § 520.666 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)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(i)), this approval qualifies for 5 years of marketing exclusivity beginning December 12, 2006. The agency has determined under 21 CFR 25.33(d)(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 520 Animal drugs. 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 520 is amended as follows: PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 520 continues to read as follows: Authority: 21 U.S.C. 360b. 2. Section 520.666 is added to read as follows: § 520.666 Dirlotapide.
(a)*Specifications* . Each milliliter
(mL)of solution contains 5 milligrams
(mg)dirlotapide.
(b)*Sponsor* . See No. 000069 in § 510.600(c) of this chapter.
(c)*Conditions of use in dogs* —(1) *Amount* . The initial dosage is 0.01 mL/kg (0.0045 mL/lb) body weight for the first 14 days. After the first 14 days of treatment, the dose volume is doubled to 0.02 mL/kg (0.009 mL/lb) body weight for the next 14 days (days 15 to 28 of treatment). Dogs should be weighed monthly and the dose volume adjusted every month, as necessary, to maintain a target percent weight loss until the desired weight is achieved.
(2)* Indications for use* . For the management of obesity.
(3)*Limitations* . Federal law restricts this drug to use by or on the order of a licensed veterinarian. Dated: December 20, 2006. Stephen F. Sundlof, Director, Center for Veterinary Medicine. [FR Doc. E6-22542 Filed 1-3-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 Implantation or Injectable Dosage Form New Animal Drugs; Dexmedetomidine 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 an original new animal drug application
(NADA)filed by Orion Corp. The NADA provides for veterinary prescription use of dexmedetomidine hydrochloride injectable solution as a sedative, analgesic, and preanesthetic in dogs. DATES: This rule is effective January 4, 2007. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7540, e-mail: *melanie.berson@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Orion Corp., Orionintie 1, 02200 Espoo, Finland, filed NADA 141-267 for DEXDOMITOR (dexmedetomidine hydrochloride). The NADA provides for the veterinary prescription use of dexmedetomidine hydrochloride injectable solution as a sedative, analgesic, and preanesthetic in dogs. The application is approved as of December 1, 2006, and 21 CFR part 522 is amended by adding new § 522.558 to reflect the approval. 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. The agency has determined under § 25.33(d)(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. Under section 512(c)(2)(F)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(ii)), this approval qualifies for 3 years of marketing exclusivity beginning December 1, 2006. 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 Parts 522 Animal drugs. 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 522 is amended as follows: PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: Authority: 21 U.S.C. 360b. 2. Add § 522.558 to read as follows: § 522.558 Dexmedetomidine.
(a)*Specifications* . Each milliliter of solution contains 10 milligrams
(mg)dexmedetomidine hydrochloride.
(b)*Sponsor* . See No. 052483 in § 510.600(c) of this chapter.
(c)*Conditions of use in dogs* —(1) *Indications for use and amount* —(i) For use as a sedative and analgesic in dogs to facilitate clinical examinations, clinical procedures, minor surgical procedures, and minor dental procedures, administer 375 micrograms (µg) per square meter (/m 2 ) of body surface area by intravenous injection or 500 µg/m 2 of body surface area by intramuscular injection.
(ii)For use as a preanesthetic to general anesthesia, administer 125 µg/m 2 of body surface area or 375 µg/m 2 of body surface area by intramuscular injection.
(2)*Limitations* . Federal law restricts this drug to use by or on the order of a licensed veterinarian. Dated: December 19, 2006. Stephen F. Sundlof, Director, Center for Veterinary Medicine. [FR Doc. E6-22508 Filed 1-3-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 Implantation or Injectable Dosage Form New Animal Drugs; Atipamezole 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 Orion Corp. The supplemental NADA adds a claim for reversal of the sedative and analgesic effects of dexmedetomidine hydrochloride to labeling for atipamezole hydrochloride injectable solution for dogs. DATES: This rule is effective January 4, 2007. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7540, e-mail: *melanie.berson@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Orion Corp., Orionintie 1, 02200 Espoo, Finland, filed a supplement to NADA 141-033 for ANTISEDAN (atipamezole hydrochloride), an injectable solution approved for reversal of the sedative and analgesic effects of medetomidine hydrochloride in dogs. The supplemental NADA adds a claim for reversal of sedative and analgesic effects of dexmedetomidine hydrochloride to labeling for atipamezole hydrochloride injectable solution for dogs. The application is approved as of December 1, 2006, and the regulations are amended in 21 CFR 522.147 to reflect the approval and a current format. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), summaries of the safety and effectiveness data and information submitted to support approval of these applications 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. The agency has determined under 21 CFR 25.33(d)(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. 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 December 1, 2006. 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 Parts 522 Animal drugs. 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 522 is amended as follows: PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: Authority: 21 U.S.C. 360b. 2. In § 522.147, revise the section heading and paragraphs
(a)and
(c)to read as follows: § 522.147 Atipamezole.
(a)*Specifications* . Each milliliter of solution contains 5.0 milligrams atipamezole hydrochloride.
(c)*Conditions of use in dogs* —(1) *Amount* . Inject intramuscularly the same volume as that of dexmedetomidine or medetomidine used.
(2)*Indications for use* . For reversal of the sedative and analgesic effects of dexmedetomidine hydrochloride or medetomidine hydrochloride.
(3)*Limitations* . Federal law restricts this drug to use by or on the order of a licensed veterinarian. Dated: December 19, 2006. Stephen F. Sundlof, Director, Center for Veterinary Medicine. [FR Doc. E6-22515 Filed 1-3-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 524 Ophthalmic and Topical Dosage Form New Animal Drugs; Chlorhexidine 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 Fort Dodge Animal Health, Division of Wyeth. The supplemental NADA provides for a revised food safety warning on labeling for chlorhexidine ointment. DATES: This rule is effective January 4, 2007. FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for Veterinary Medicine (HFV-110), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-7540, e-mail: *melanie.berson@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Fort Dodge Animal Health, Division of Wyeth, 800 Fifth St. NW., Fort Dodge, IA 50501, filed a supplement to NADA 9-782 for NOLVASAN (chlorhexidine acetate) Antiseptic Ointment, approved as a topical antiseptic for superficial wounds of dogs, cats, and horses. The supplemental NADA provides for a revised food safety warning on labeling. The supplemental application is approved as of November 28, 2006, and the regulations are amended in 21 CFR 524.402 to reflect the approval and a current format. Approval of this supplemental NADA did not require review of additional safety or effectiveness data or information. Therefore, a freedom of information summary is not required. The agency 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 524 Animal drugs. 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 524 is amended as follows: PART 524—OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 524 continues to read as follows: Authority: 21 U.S.C. 360b. 2. Revise § 524.402 to read as follows: § 524.402 Chlorhexidine.
(a)*Specifications* . Each gram of ointment contains 10 milligrams chlorhexidine acetate.
(b)*Sponsors* . See Nos. 000856 and 058829 in § 510.600(c) of this chapter.
(c)*Conditions of use in dogs, cats, and horses* —(1) *Indications for use* . For use as a topical antiseptic ointment for surface wounds.
(2)*Limitations* . Do not use in horses intended for human consumption. Dated: December 19, 2006. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E6-22514 Filed 1-3-07; 8:45 am] BILLING CODE 4160-01-S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2006-0577-200620(a); FRL-8265-4] Approval and Promulgation of Implementation Plans; Tennessee: Approval of Revisions to the Knox County Portion of the Tennessee State Implementation Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve revisions to the Tennessee State Implementation Plan
(SIP)submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on January 20, 2006. The revisions pertain to the Knox County portion of the Tennessee SIP, and include changes to the Knox County Air Quality Regulations (KCAQR) Section 46.0—“Regulation of Volatile Organic Compounds.” The changes were made following EPA action on the corresponding federal law. The changes add four compounds to the list of compounds excluded from the definition of volatile organic compounds
(VOC)on the basis that they make a negligible contribution to ozone formation. This action is being taken pursuant to section 110 of the Clean Air Act (CAA). DATES: This direct final rule is effective March 5, 2007 without further notice, unless EPA receives adverse comment by February 5, 2007. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the **Federal Register** and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-2006-0577 by one of the following methods: 1. *http://www.regulations.gov* : Follow the on-line instructions for submitting comments. 2. *E-mail* : *louis.egide@epa.gov* . 3. *Fax* :
(404)562-9019. 4. *Mail* : “EPA-R04-OAR-2006-0577,” Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. 5. *Hand Delivery or Courier* : Dr. Egide Louis, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays. *Instructions* : Direct your comments to Docket ID No. EPA-R04-OAR-2006-0577. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit through *http://www.regulations.gov* or e-mail, information that you consider to be CBI or otherwise protected. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm* . *Docket* : All documents in the electronic docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is
(404)562-9240. Dr. Louis can also be reached via electronic mail at *louis.egide@epa.gov* . SUPPLEMENTARY INFORMATION: I. Today's Action On January 20, 2006, the State of Tennessee, through TDEC, submitted revisions to the Knox County portion of the Tennessee SIP to include changes to KCAQR Section 46.0—“Regulation of Volatile Organic Compounds.” The change adds four compounds to the list of those excluded from the definition of VOC on the basis that they make a negligible contribution to ozone formation. The definition in Section 46.0, now reads that 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-C <sup>3</sup> F <sup>7</sup> OCH <sup>3</sup> , HFE-7000), 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethy) hexane (HFE-7500), 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) and methyl formate (HCOOCH <sup>3</sup> ) will be considered to be negligibly reactive. Notably, as part of the January 20, 2006, submittal, the State of Tennessee requested that EPA approve changes to the Knox County portion of the Tennessee SIP to reflect changes made to KCAQR Section 26.0—“Permits,” and Section 45.0—“Prevention of Significant Deterioration.” EPA is not taking action on these rules at this time, but will address them in the future. II. Background Tropospheric ozone occurs when VOC and nitrogen oxides (NO <sup>X</sup> ) react in the atmosphere. Because of the harmful health effects of ozone, EPA regulations limit the amount of VOC and NO <sup>X</sup> that can be released into the atmosphere. VOC are those compounds of carbon (excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, or carbonates, and ammonium carbonate) which, in addition to NO <sup>X</sup> , form ozone through atmospheric photochemical reactions. Compounds of carbon (i.e., or organic compounds) have different levels of reactivity. As a result, they do not react at the same speed, and do not form ozone to the same extent. In accordance with EPA policy, compounds of carbon with a negligible level of reactivity need not be regulated to reduce ozone (see, 42 FR 35314, July 8, 1977). EPA determines whether a given carbon compound has “negligible” reactivity by comparing the compound's reactivity to the reactivity of ethane. EPA lists these negligibly reactive compounds in its regulations at 40 CFR 51.100(s), and excludes them from the definition of VOC. EPA may periodically revise the list of negligibly reactive compounds to add or delete compounds from the list. On November 29, 2004 (69 FR 69298), EPA finalized a rule approving the addition of the four compounds that were added to KCAQR Section 46.0., to the list of those excluded from the definition of VOC. The instant SIP submittal is consistent with EPA's rule change in November 2004. III. Final Action EPA is taking direct final action to approve the January 20, 2006, SIP revision submitted by TDEC regarding changes to KCAQR Section 46.0—“Regulation of Volatile Organic Compounds.” These changes are at least as stringent as the corresponding federal regulations. As a result, the revision is approvable pursuant to section 110 of the CAA. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this **Federal Register** publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective March 5, 2007 without further notice unless the Agency receives adverse comments by February 5, 2007. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on March 5, 2007 and no further action will be taken on the proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. As a result, it does not alter the relationship or the distribution of power and responsibilities established in the CAA. This rule also is not subject to Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 5, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: December 20, 2006. A. Stanley Meiburg, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart (RR)—(Tennessee) 2. Section 52.2220(c) is amended by revising entry in Table 3 of the Knox County portion of the Tennessee State Implementation Plan, for “Section 46.0”, to read as follows: § 52.2220 Identification of plan.
(c)* * * Table 3.—EPA-Approved Knox County, Regulations State citation Title/subject State effective EPA approval date Explanation * * * * * * * 46.0 Regulation of Volatile Organic Compounds 10/12/05 1/04/07 [Insert citation of publication] * * * * * * * [FR Doc. E6-22478 Filed 1-3-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2006-0876; FRL-8258-8] Revisions to the California State Implementation Plan, Imperial County Air Pollution Control District and South Coast Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve revisions to the Imperial County Air Pollution Control District and South Coast Air Quality Management District portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound
(VOC)emissions from architectural coatings and organic liquid storage tanks. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: This rule is effective on March 5, 2007 without further notice, unless EPA receives adverse comments by February 5, 2007. If we receive such comments, we will publish a timely withdrawal in the **Federal Register** to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-2006-0876], by one of the following methods: 1. *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the on-line instructions. 2. *E-mail: steckel.andrew@epa.gov.* 3. *Mail or deliver:* Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. *Instructions:* All comments will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through *http://www.regulations.gov* or e-mail. *http://www.regulations.gov* is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. *Docket:* The index to the docket for this action is available electronically at *http://www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location ( *e.g.* , copyrighted material), and some may not be publicly available in either location ( *e.g.* , CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Francisco Dóñez, EPA Region IX,
(415)972-3956, *donez.francisco@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” and “our” refer to EPA. Table of Contents I. The State's Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule revisions? II. EPA's Evaluation and Action A. How is EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rules D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State's Submittal A. What rules did the State submit? Table 1 lists the rules we are approving with the dates that they were adopted by the local air agencies and submitted by the California Air Resources Board (CARB). Table 1.—Submitted Rules Local agency Rule No. Rule title Adopted Submitted ICAPCD 424 Architectural Coatings 1/11/05 4/26/05 SCAQMD 463 Organic Liquid Storage 5/6/05 10/20/05 On June 3, 2005, ICAPCD's Architectural Coatings Rule was found to meet the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. And on November 22, 2005, SCAQMD's Organic Liquid Storage Rule was found to meet the completeness criteria in 40 CFR Part 51, Appendix V. B. Are there other versions of these rules? We approved a version of ICAPCD Rule 424 into the SIP on May 3, 1984. There are no later versions of Rule 424 in the SIP although ICAPCD adopted revisions to the SIP approved version of Rule 424 on September 14, 1999, and CARB submitted it to us on May 26, 2000. We approved a revised version of SCAQMD Rule 463 into the SIP on October 23, 1996. No later versions were submitted to us. While we can act on only the most recently submitted version, we have reviewed materials provided with previous submittals. C. What is the purpose of the submitted rule revisions? VOCs help produce ground-level ozone and smog, which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control VOC emissions. Rule 424, Architectural Coatings, controls emissions of VOCs from various categories of coatings. Rule 463, Organic Liquid Storage, controls emissions of VOCs from above-ground storage tanks used for storage of organic liquids. Rule 424 was extensively revised to match the Suggested Control Measure
(SCM)for Architectural Coatings approved by CARB on June 22, 2000. The SCM is a model rule which seeks to provide statewide consistency for the regulation of architectural coatings. The SCM was reviewed by EPA during its development. This revision adopts all provisions of the SCM except the special provisions for industrial maintenance coatings (relevant only in certain northern California air districts) and the averaging provisions. The revisions submitted to SCAQMD Rule 463 would amend several definitions, allow the use under certain circumstances of an alternative vapor control device, removes the hydrogen sulfide concentration standard for crude oil stored in a floating roof tank, and add language to enhance enforceability of the requirements for various organic compounds through the use of vapor pressure information. Rule 463 revisions also include language amending the reporting and recordkeeping requirements, to allow the use of alternative test methods under certain circumstances, to remove a requirement to use a test method for meeting the hydrogen sulfide standard, and to add test methods for determining true vapor pressure and API gravity. EPA's technical support documents
(TSD)have more information about these rules. II. EPA's Evaluation and Action A. How is EPA evaluating the rules? Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology
(RACT)for VOC sources covered by a Control Technique Guideline
(CTG)and for major sources in nonattainment areas (see section 182(a)(2)(A) and 182(b)(2)(A)), and must not relax existing requirements (see sections 110(l) and 193). ICAPCD and SCAQMD regulate ozone nonattainment areas (see 40 CFR part 81). However, because ICAPCD Rule 424 regulates sources that are not covered by a CTG and that are nonmajor area sources, they are not subject to CAA RACT requirements. Guidance and policy documents that we use to help evaluate specific enforceability and RACT requirements consistently include the following: 1. Portions of the proposed post-1987 ozone and carbon monoxide policy that concern RACT, 52 FR 45044, November 24, 1987. 2. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” EPA, May 25, 1988 (the Bluebook). 3. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” EPA Region 9, August 21, 2001 (the Little Bluebook). 4. CARB's “Suggested Control Measures for Architectural Coatings” (June 22, 2000). 5. The National Volatile Organic Compound Emission Standard for Architectural Coatings (40 CFR Part 59, Subpart D). 6. “Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks,” EPA-450/2-78-047. 7. “Control of Volatile Organic Emissions from Storage of Petroleum Liquid in Fixed Roof Tanks,” EPA-450/2-77-036. B. Do the Rules Meet the Evaluation Criteria? We believe these rules are consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP relaxations. The TSDs have more information on our evaluation. C. EPA Recommendations To Further Improve the Rules The TSDs describe additional rule revisions that do not affect EPA's current action but are recommended for the next time the local agency modifies the rules. D. Public Comment and Final Action As authorized in section 110(k)(3) of the Act, EPA is fully approving the submitted rules because we believe they fulfill all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this **Federal Register** , we are simultaneously proposing approval of the same submitted rules. If we receive adverse comments by February 5, 2007, we will publish a timely withdrawal in the **Federal Register** to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on March 5, 2007. This will incorporate these rules into the federally enforceable SIP. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. III. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 5, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 7, 2006. Wayne Nastri, Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for Part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart F—California 2. Section 52.220 is amended by adding paragraphs (c)(336)(i)(C)( *2* ) and (c)(342)(i)(C)( *3* ) to read as follows: § 52.220 Identification of plan.
(c)* * *
(336)* * *
(i)* * *
(C)* * * ( *2* ) Rule 424, adopted on November 9, 1982 and revised on January 11, 2005.
(342)* * *
(i)* * *
(C)* * * ( *3* ) Rule 463, adopted on August 15, 1977 and amended on May 6, 2005. [FR Doc. E6-22416 Filed 1-3-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket No. FEMA-B-7703] Changes in Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Interim rule. SUMMARY: This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations
(BFEs)is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents. DATES: These modified BFEs are currently in effect on the dates listed in the table below and revise the Flood Insurance Rate Maps (FIRMs) in effect prior to this determination for the listed communities. From the date of the second publication of these changes in a newspaper of local circulation, any person has ninety
(90)days in which to request through the community that the Mitigation Division Director of FEMA reconsider the changes. The modified BFEs may be changed during the 90-day period. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided. Any request for reconsideration must be based on knowledge of changed conditions or new scientific or technical data. The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 *et seq.* , and with 44 CFR part 65. For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals. The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP). These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by the other Federal, State, or regional entities. The changes BFEs are in accordance with 44 CFR 65.4. *National Environmental Policy Act.* This interim rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This interim rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This interim rule involves no policies that have federalism implications under Executive Order 13132, Federalism. *Executive Order 12988, Civil Justice Reform.* This interim rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 65 is amended to read as follows: PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: State and county Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification Community No. Arkansas: Washington City of Fayetteville 06-06-BA12P November 9, 2006 November 16, 2006 *Arkansas Democrat Gazette* The Honorable Dan Coody Mayor, City of Fayetteville 113 West Mountain Fayetteville, AR 72701 November 20, 2006 050216 California: Sacramento Unincorporated areas of Sacramento County (06-09-BD69P) November 9, 2006 November 16, 2006 *The Daily Territorial* The Honorable Roberta Macglashan Chair, Sacramento County Board of Supervisors 700 H Street, Suite 2450 Sacramento, CA 95814 December 1, 2006 060262 Contra Costa City of Oakley (06-09-BA94P) November 16, 2006 November 23, 2006 *Contra Costa Times* The Honorable Brad Nix Mayor, City of Oakley 3231 Main Street Oakley, CA 94561 February 22, 2007 060766 San Luis Obispo City of Arroyo Grande (06-09-BA92P) November 22, 2006 November 29, 2006 *The Tribune* The Honorable Tony M. Ferrara Mayor, City of Arroyo Grande 215 East Branch Street Arroyo Grande, CA 93420 February 28, 2007 060305 Colorado: Boulder Town of Lyons (06-08-B252P) November 22, 2006 November 29, 2006 *The Daily Camera* The Honorable Tim Kyer Mayor, Town of Lyons P.O. Box 49 Lyons, CO 80540 February 28, 2007 080029 Boulder Unincorporated areas of Boulder County (06-08-B252P) November 22, 2006 November 29, 2006 *The Daily Camera* The Honorable Ben Pearlman Chairman, Boulder County Board of Commissioners P.O. Box 471 Boulder, CO 80306 February 28, 2007 080023 Delaware: Sussex Unincorporated areas of Sussex County (05-03-A587P) November 29, 2006 December 6, 2006 *Delaware Wave* Mr. Robert L. Stickels County Administrator Sussex County No. 2 The Circle Georgetown, DE 19947 March 7, 2007 100029 Florida: Duvall City of Jacksonville (06-04-BL18P) November 20, 2006 November 27, 2006 *Jacksonville Daily Record* The Honorable John Peyton Mayor, City of Jacksonville 117 West Duval Street Jacksonville, FL 32202 October 31, 2006 120077 Duvall City of Jacksonville (06-04-BL19P) November 27, 2006 December 4, 2006 *Jacksonville Daily Record* The Honorable John Peyton Mayor, City of Jacksonville City Hall at St. James, Fourth Floor 117 West Duval Street Jacksonville, FL 32202 December 1, 2006 120077 Polk City of Winter Haven (07-04-0025X) November 9, 2006 November 16 2006 *The Polk County Democrat* The Honorable Mike Easterling Mayor, City of Winter Haven 451 Third Street Northwest Winter Haven, FL 33881 October 19, 2006 120271 Georgia: Peach Unincorporated areas of Peach County (06-04-BM78P) October 25, 2006 November 1, 2006 *The Leader Tribune* The Honorable James Khoury Chairman, Peach County Board of Commissioners 205 West Church Street, Suite 204 Fort Valley, GA 31030 January 25, 2007 130373 Maryland: Frederick Unincorporated areas of Frederick County (06-03-B384P) November 9, 2006 November 16, 2006 *The Frederick News-Post* The Honorable John L. Thompson, Jr. President, Frederick County Board of County Commissioners Winchester Hall 12 East Church Street Frederick, MD 21701 February 15, 2007 240027 Mississippi: Rankin City of Brandon (06-04-B977P) August 16, 2006 August 23, 2006 *Rankin County News* The Honorable Carlo Martella Mayor, City of Brandon P.O. Box 1539 Brandon, MS 39043 November 22, 2006 280143 Missouri: Warren City of Wright City (06-07-B605P) November 16, 2006 November 23, 2006 *Warren County Record* The Honorable Eileen Klocke Mayor, City of Wright City P.O. Box 436 Wright City, MO 63390 February 22, 2007 290654 Missouri: Warren Unincorporated areas of Warren County (06-07-B605P) November 16, 2006 November 23, 2006 *Warren County Record* The Honorable Fred Vahle Presiding Commissioner, Warren County Board of Commissioners 104 West Main Street, Suite B Warrenton, MO 63383 February 22, 2007 290443 South Dakota: Brown City of Aberdeen (06-08-B272P) November 2, 2006 November 9, 2006 *Aberdeen American News* The Honorable Mike Levsen Mayor, City of Aberdeen 123 South Lincoln Aberdeen, SD 57401 February 8, 2007 460007 Brown Unincorporated areas of Brown County (06-08-B272P) November 2, 2006 November 9, 2006 *Aberdeen American News* The Honorable Deb Knecht Chairman, Brown County Board of Commissioners 25 Market Street Aberdeen, SD 57401 February 8, 2007 460006 Tennessee: Hamilton City of Chattanooga (05-04-3186P) November 16, 2006 November 23, 2006 *Chattanooga Times Free Press* The Honorable Ron Littlefield Mayor, City of Chattanooga 1001 Lindsay Street Chattanooga, TN 37402 February 22, 2007 370072 Texas: Dallas City of Hutchins (06-06-B194P) November 22, 2006 November 29, 2006 *The Daily Commercial Reocord* The Honorable Artis Johnson Mayor, City of Hutchins P.O. Box 500 Hutchins, TX 75141 February 28, 2007 480179 Dallas City of Wilmer (06-06-B194P) November 22, 2006 November 29, 2006 *The Daily Commercial Reocord* The Honorable Linda Root Mayor, City of Wilmer 128 North Dallas Avenue Wilmer, TX 75172 February 28, 2007 480190 El Paso City of El Paso (06-06-B414P) November 9, 2006 November 16, 2006 *El Paso Times* The Honorable John Cook Mayor, City of El Paso Two Civic Center Plaza, 10th Floor El Paso, TX 79901 February 15, 2007 480214 (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: December 22, 2006. David I. Maurstad, Director Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-22523 Filed 1-3-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations
(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map
(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety
(90)days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.;* Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground Modified Communities affected Saluda County, South Carolina and Incorporated Areas Docket No.: FEMA B-7462 Big Creek Approximately 510 feet downstream of Shiloh Road +420 Saluda County (Unincorporated Areas). Approximately 760 feet upstream of Shiloh Road +424 Little Saluda River Approximately 570 feet downstream of U.S. Highway 378 +386 Saluda County (Unincorporated Areas), Town of Saluda. Approximately 4,870 feet upstream of U.S. Highway 378 +396 Lake Murray Approximately 2,000 feet north of the intersection of Holly Ferry Road and Laurel Rock Point +362 Saluda County (Unincorporated Areas). At State Route 391 +362 # Depth in feet above ground. *National Geodetic Vertical Datum. +National American Vertical Datum. ADDRESSES Saluda County (Unincorporated Areas). Maps are available for inspection at 615 Bonham Road, Saluda, South Carolina 29138. Town of Saluda Maps are available for inspection at 100 South Jefferson Street, Saluda, South Carolina 29138. Town of Monetta Maps are available for inspection at 21 Walden Street, Monetta, SC 29150. Town of Ridge Spring Maps are available for inspection at 101 Town Square, P.O. Box 444, Ridge Spring, SC 29129-0444. Town of Ward Maps are available for inspection at 113 East Front Street, Ward, SC 29166. Harris County, Texas and Incorporated Areas Docket No.: FEMA-B-7453 Adlong Ditch At confluence with Cedar Bayou +42 Harris County (Unincorporated Areas). Approximately 100 feet downstream of Peters Road +62 Armand Bayou Approximately 1,500 feet upstream of Nasa Road +12 Harris County (Unincorporated Areas). Approximately 200 feet downstream of Oleander Drive +30 City of Pasadena. B112-02-00 Interconnect At confluence with Spring Gully +17 City of La Porte. At confluence with B112-02-00 +20 Bear Creek At confluence with Langham Creek +101 City of Houston. Approximately 3,500 feet downstream of Katy Hockley Cut-Off Road +160 Harris County (Unincorporated Areas). Beltway 8 Outfall Ditch At confluence with White Oak Bayou +99 Harris County (Unincorporated Areas). Approximately 1,300 feet downstream of Fallbrook Road +106 Bender Lake & Continuation of Bender Lake At confluence with Spring Creek +90 Harris County (Unincorporated Areas). Approximately 900 feet downstream of Dry Spring Lane +104 Bens Branch At confluence with West Fork San Jacinto River +50 City of Houston. Approximately 300 feet upstream of Northpark Drive +73 Harris County (Unincorporated Areas). Bering Ditch Approximately at Olympic Circle +52 City of Houston. At confluence with Buffalo Bayou +52 Berry Bayou At confluence with Sims Bayou +21 City of Houston. 600 feet upstream of Evalyn Wilson Park +34 City of South Houston. Berry Creek (and Unnamed Tributary to Berry Creek) At confluence with Berry Bayou +21 City of Houston. 200 feet downstream of Wingtip Drive +41 Big Gulch At confluence with Greens Bayou +26 Harris County (Unincorporated Areas). Approximately 4,000 feet upstream of Beaumont Highway +40 Big Island Slough At confluence with Armada Bayou +12 City of Pasadena. Approximately 200 feet upstream of McCarthy Road +23 City of La Porte. Harris County (Unincorporated Areas). Bintliff Ditch At confluence with Brays Bayou +61 City of Houston. Approximately 100 feet downstream of Bellaire Boulevard +64 Blacks Branch At confluence with West Fork San Jacinto River +61 City of Humble. Approximately 500 feet upstream of Cantertrot Drive +66 Harris County (Unincorporated Areas). Boggs Gully At confluence with Spring Creek +153 Harris County (Unincorporated Areas). Approximately 900 feet upstream of Baker Drive +179 City of Tomball. Boggy Bayou At confluence with Buffalo Bayou -Houston Ship Channel +11 City of Pasadena. Approximately 300 feet upstream of Willowbend Drive +30 Brays Bayou At confluence with Ship Channel +12 City of Houston. Approximately 900 feet downstream of Vineyary Drive +85 Harris County (Unincorporated Areas). Briar Branch At confluence with Spring Branch +48 City of Houston. Approximately 500 feet downstream of Blalock Road +75 City of Spring Valley Brickhouse Gully At confluence with White Oak Bayou +66 City of Houston. Approximately 500 feet upstream of Gessner Road +97 Bufalo Bayou-Houston Ship Channel At confluence with San Jacinto River, Houston Ship Channel +11 City of Houston. Approximately at Phelps Road +12 Buffalo Bayou At confluence with Ship Channel +12 City of Houston. Approximately 100 feet upstream of Highway 6 +77 City of Piney Point Village. Cane Island Branch At confluence with Barker Dam +97 Harris County (Unincorporated Areas). Approximately at Pitts Road +158 Caney Creek At confluence with East Fork San Jacinto River +58 City of Houston. Approximately 3,000 feet upstream of Main Street (Extended) +63 Cannon Gully At confluence with Willow Creek +130 Harris County (Unincorporated Areas). Approximately 100 feet upstream of Kuykendahl Road +138 Carpenter Bayou At confluence with Ship Channel +12 Harris County (Unincorporated Areas). Approximately 500 feet upstream of Beaumont Highway +39 City of Houston. Cary Bayou At confluence with Cedar Bayou +14 City of Baytown. Approximately 2,500 feet upstream of Archer Road +29 Harris County (Unincorporated Areas). Cedar Bayou At confluence with Galveston Bay +12 Harris County (Unincorporated Areas). Approximately 1,500 feet upstream of Huffman Eastgate Road +71 City of Baytown. Cedar Bayou Diversion Channel Approximately at Tri City Beach Road +12 City of Baytown. At confluence with Galveston Bay +12 Harris County (Unincorporated Areas). Channel A to Cypress Creek At confluence with Cypress Creek +149 Harris County (Unincorporated Areas). Approximately 1,500 feet upstream Mason Road +156 Channel D to Channel A to Cypress Creek At confluence with Channel A +154 Harris County (Unincorporated Areas). Approximately 150 feet upstream of Edworthy Road +170 Chimney Rock Diversion Channel At confluence with Brays Bayou +56 City of Houston. Approximately 100 feet upstream of Benning Drive +57 City Ditch At confluence with Brays Bayou +65 City of Houston. Approximately 500 feet downstream of Bellaire Boulevard +66 Clawson Ditch At confluence with Cedar Bayou +34 Harris County (Unincorporated Areas). Approximately 200 feet downstream of FM 1942 +45 Clear Creek At confluence with Galveston Bay +18 City of Seabrook. Approximately 2,000 feet downstream of Hiram Clarke Road +64 City of El Lago. City of Houston. City of Nassau Bay. City of Pearland. City of Webster. Harris County (Unincorporated Areas). Clodine Ditch At confluence with Buffalo Bayou +77 City of Houston. Approximately 7,000 feet upstream of Bridgecrest Court (Extended) +93 Cole Creek At confluence with White Oak Bayou +70 City of Houston. Approximately 100 feet upstream of Fisher Road +100 Harris County (Unincorporated Areas). Cotton Patch Bayou At confluence with Buffalo Bayou-Houston Ship Channel +12 City of Houston. Approximately at Railroad +14 City of Pasadena. County At confluence with Armand Bayou +27 City of Pasadena. Approximately 100 feet upstream of Wisdom Drive +32 City of Deer Park. Cow Bayou 700 feet upstream of Camino Real Boulevard +12 City of Houston. At confluence with Clear Creek +12 City of Webster. Cypress Creek At confluence with Spring Creek +78 Harris County (Unincorporated Areas). Approximately at Harris County Limit +185 Dinner Creek At confluence with Langham Creek +119 Harris County (Unincorporated Areas). Approximately 3,000 feet upstream Fry Road +142 Dry Creek At confluence with Cypress Creek +140 Harris County (Unincorporated Areas). Approximately 4,000 feet upstream of Cypresswood Drive +155 Dry Gully At confluence with Cypress Creek +114 Harris County (Unincorporated Areas). Approximately 600 feet downstream of Spring Cypress Road +137 E. 13th St. Outfall Channel At confluence with Patrick Bayou +20 City of Deer Park. Approximately 700 feet downstream of Luella Lane +25 East Fork Goose Creek At confluence with Goose Creek +15 Harris County (Unincorporated Areas). Approximately 500 feet downstream of South Road +25 City of Baytown East Fork Mound Creek Approximately at Highway 6 +248 Harris County (Unincorporated Areas). Approximately at Highway 290 +270 East Fork San Jacinto River At confluence with Lake Houston +50 City of Houston. Approximately 700 feet upstream of Huffman Cleveland Road +72 Harris County (Unincorporated Areas). Faulkey Gully At confluence with Cypress Creek +124 Harris County (Unincorporated Areas). Approximately 2,000 feet downstream of Telge Road +157 Fondren Diverson Channel At confluence with Brays Bayou +61 City of Houston. Approximately 900 feet upstream of Garden Road +65 City of Missouri City. Garners Bayou At confluence with Greens Bayou +56 City of Humble. Approximately 600 feet downstream of Humble Westfield Road +87 City of Houston. Harris County (Unincorporated Areas). Glenmore Ditch At confluence with Buffalo Bayou-Houston Ship Channel +12 City of Houston. Approximately at Bond Street +27 City of Pasadena Goose Creek At confluence with Ship Channel +12 Harris County (Unincorporated Areas). Approximately 100 feet downstream of Barbers Hill Road +42 City of Baytown. Greens Bayou At confluence with Buffalo Bayou—Houston Ship Channel +12 City of Houston. Approximately 400 feet downstream of Cope Land Road +128 Harris County (Unincorporated Areas). Gum Gully At confluence with Jackson Bayou +28 Harris County (Unincorporated Areas). Approximately 1,000 feet upstream of Stroker Road +59 Halls Bayou At confluence with Greens Bayou +36 City of Houston. Approximately at Moselle Road +99 Harris County (Unincorporated Areas). Halls Road Ditch At confluence with Clear Creek +29 City of Houston. Approximately 3,300 feet upstream of Fuqua Road +39 Harris County (Unincorporated Areas). Harris Gully At confluence with Brays Bayou +41 City of Houston. At Rice Boulevard +46 Horsepen Bayou At confluence with Armand Bayou +12 City of Houston. Approximately 900 feet downstream of SH 3 Highway +25 City of Pasadena. Horsepen Bayou (City of Baytown) At confluence with Cedar Bayou +15 City of Baytown. Approximately 2,500 feet upstream of FM 146 +20 Horsepen Bayou Diversion Channel Approximately 100 feet upstream of Garden Creek Way +20 City of Houston. At confluence with Horsepen Bayou +20 Horsepen Creek Approximately at Summerville Lane +105 Harris County (Unincorporated Areas). Approximately 4,500 feet upstream West Road +135 City of Houston. Hughes Gully At confluence with Willow Creek +128 Harris County (Unincorporated Areas). Approximately at Lenze Road +133 Hunting Bayou At confluence with Ship Channel +12 City of Houston. Approximately 500 feet downstream of Jensen Drive +46 City of Galena Park. City of Jacinto City. Jackson Bayou At confluence with Ship Channel +28 Harris County (Unincorporated Areas). Approximately 200 feet downstream of Ramsey Road +49 Jordan Gully At confluence with West Fork San Jacinto River +60 City of Humble. Approximately 400 feet downstream of Derric Drive +70 City of Houston. Harris County (Unincorporated Areas). Keegans Bayou At Braeswood Boulevard +64 City of Houston. Approximately 1,300 feet upstream of Eldridge +84 Kickapoo Creek At confluence with Spring Creek +220 Harris County (Unincorporated Areas). Approximately 300 feet downstream of Fiel Store Road +271 Kothman Gully At confluence with Seals Gully +106 Harris County (Unincorporated Areas). Approximately 200 feet downstream of Peachstone Place +134 Lake Houston At Lake Houston Dam +49 City of Houston. Approximatley at FM 1960 +50 Langham Creek (& Addicks Reservoir Diversion Channel) At confluence with Buffalo Bayou +76 Harris County (Unincorporated Areas). Approximately at Peek Road +158 City of Houston. Lemm Gully At confluence with Cypress Creek +91 Harris County (Unincorporated Areas). Approximately 800 feet upstream of Louetta Road +112 Little Ceder Bayou Approximately at South Broadway Street +13 City of La Porte. Approximately 100 feet upstream of Southren Pacific Railroad +21 Little Cypress Creek At confluence with Little Cypress Creek +132 Harris County (Unincorporated Areas). Approximately 3,000 feet downstream of Kermier Road +219 Little Mound Creek At confluence with Mound Creek +208 Harris County (Unincorporated Areas). Approximately 1,100 feet downstream of Burton Cemetery Road +234 Little Vince Bayou At confluence with Vince Bayou +12 City of Houston. Approximately at Wichita Street +28 City of Pasadena. Little White Oak Bayou At confluence with White Oak Bayou +38 City of Houston. Approximately 200 feet upstream of Rittenhouse +81 Luce Bayou At confluence with East Fork San Jacinto +50 Harris County (Unincorporated Areas). Approximately 4,500 feet upstream of Trent Road (Extended) +72 City of Houston. Mason Creek (& Unnamed Tributary to Mason Creek) At confluence with Barker Reservoir +97 Harris County (Unincorporated Areas). Approximately 100 feet downstream Charlton House Lane +135 City of Houston. McGee Gully At confluence with Cedar Bayou +17 Harris County (Unincorporated Areas). Approximately 1,600 feet downstream of North Main Street +33 Metzler Creek At confluence with Cannon Gully +131 Harris County (Unincorporated Areas). Approximately 500 feet downstream of Kuykendahl Road +138 Mexican Gully Approximately 2,000 feet upstream of confluence with Luce Bayou +64 Harris County (Unincorporated Areas). At confluence with Luce Bayou +64 Mills Branch At confluence with White Oak Creek +61 City of Houston. Approximately 1,000 feet upstream of Mills Branch Road +73 Mound Creek Approximately 6,500 feet downstream of Yellowbird Road (Extended) +192 Harris County (Unincorporated Areas). Approximately 1,500 feet downstream of confluence with Little Mound Creek +207 North Fork Greens Bayou At confluence with Greens Bayou +91 City of Houston. Approximately 400 feet downstream Sablechase Drive +108 Harris County (Unincorporated Areas). Panther Creek At confluence with Buffalo Bayou-Houston Ship Channel +12 City of Houston. Approximately at Holland Avenue +14 City of Galena Park. Patrick Bayou At confluence with Buffalo Bayou-Houston Ship Channel +11 City of Houston. Approximately 100 feet downstream of Avenue X +25 City of Deer Park. Pillot Gully At confluence with Cypress Creek +120 Harris County (Unincorporated Areas). Approximately 400 feet downstream of Gregson Road +145 Pine Gully (C103-00-00) At confluence with Sims Bayou +21 City of Houston. 200 feet upstream of Plum Road +35 Pine Gully (F220-00-00 & F220-03-00) Approximately at Old Highway 146 +12 City of Seabrook. At confluence with Tributary of Pine Guly +12 Harris County (Unincorporated Areas). Pine Gully (Q101-00-00) Approximately at Tri City Beach Road +12 City of Baytown. At confluence with Cedar Bayou +12 Plum Creek At confluence with Sims Bayou +19 City of Houston. 150 feet upstream of Fennel Road +20 Poor Farm Ditch At confluence with Brays Bayou +48 City of Houston. Approximately 1,000 feet downstream of Milford Street +50 City of Southside Place. City of West University Place. Private Approximately 700 feet upstream of Havana Drive +32 City of Deer Park. At confluence with B114-00-00 +32 Reinhardt Bayou At confluence with Garners Bayou +65 City of Houston. Approximately 4,000 feet downstream John F. Kennedy Service Road +78 Roan Gully At confluence with Willow Creek +137 Harris County (Unincorporated Areas). Approximately 200 feet downstream of Stuebner Airline Road +148 Rock Hollow At confluence with Cypress Creek +161 Harris County (Unincorporated Areas). Approximately 1,400 feet upstream of Mound Road +208 Rolling Fork At confluence with White Oak Bayou +96 Harris County (Unincorporated Areas). Approximately 200 feet upstream of Plum Ridge Drive +108 Rummel Creek At confluence with Buffalo Bayou +66 City of Houston. Approximately at Chatterton Drive +86 Salt Water Ditch At confluence with Sims Bayou +35 City of Houston. 150 feet upstream of Bellfort Avenue +41 San Jacinto River Approximately 1,000 feet upstream of I-10 +13 Harris County (Unincorporated Areas). Approximately at the downstream fame of Lake Houston Dam +33 City of Houston. San Jacinto River—Houston Ship Channel Approximately at Battleground Road +15 City of Houston. At confluence with Galveston Bay +19 Schramm Gully Approximately at Cavalcade +46 City of Houston. At confluence with Hunting Bayou +46 Schultz Gully At confluence with Cypress Creek +84 Harris County (Unincorporated Areas). Approximately 700 feet of downstream Aldine Westfield Road +94 Seals Gully At confluence with Cypress Creek +96 Harris County (Unincorporated Areas). Approximately at Rhodes Road +134 Senger Gully At confluence with Lemm Gully +91 Harris County (Unincorporated Areas). Approximately 500 feet upstream of Old Holzwarth Road +113 City of Houston. Sheldon Reservoir Approximately 2,500 feet upstream of South Lake Houston Parkway +48 Harris County (Unincorporated Areas). At confluence with Carpenter Bayou +48 Shook Gully At confluence with Luce Bayou +59 Harris County (Unincorporated Areas). Approximately 5,500 feet upstream of Doverbrook Drive (Extended) +76 Sims Bayou At confluence with Ship Channel +13 City of Houston. 200 feet upstream of Beltway 8 +66 Soldiers Creek At confluence with Buffalo Bayou +52 City of Piney Point Village. Approximately 200 feet downstream of Piney Point Road +72 South Mayde Creek (& Unnamed Tributary to South Mayde Creek) At confluence with Addicks Reservoir +101 Harris County (Unincorporated Areas). Approximately 10,500 feet upstream of Katy Hockley Road +170 Spring Branch At confluence with Buffalo Bayou +48 City of Spring Valley. Approximately at Campbell Road +77 City of Houston. Spring Creek At confluence with West Fork San Jacinto River +66 City of Houston. Approximately 1,000 feet upstream of Waller Gladdish Road +291 City of Tomball. Harris County (Unincorporated Areas). Spring Gully (B109-00-00) Approximately 1,500 feet upstream of Red Bluff Road +14 City of Pasadena. Approximately 2,500 feet upstream of Fairmont Parkway +17 City of La Porte. Harris County (Unincorporated Areas). Spring Gully (K131-00-00) At confluence with Cypress Creek +108 Harris County (Unincorporated Areas). Approximately 1,000 feet upstream of Spring Cypress Road +138 Spring Gully (O200-00-00) At confluence with Burnett Bay +12 Harris County (Unincorporated Areas). Approximately 1,000 feet downstream of Prairie Road +35 Spring Gully (P-110-00-00) At confluence with Greens Bayou +29 City of Baytown. Approximately 1,500 feet downstream of Lake Houston Parkway +30 Harris County (Unincorporated Areas). Spring Gully Diversion Channel At confluence with San Jacinto River +13 Harris County (Unincorporated Areas). Approximately 200 feet downstream of Spring Gully +20 Sulphur Gully At confluence with Greens Bayou +28 Harris County (Unincorporated Areas). Approximately 1,500 feet downstream of Flagstaff Lane +34 Swengel Ditch At confluence with Sims Bayou +40 City of Houston. At East Ocean Drive +42 City of Houston. Taylor Bayou At Shoreacres Boulevard +11 City of Taylor Lake Village. At confluence with Clear Creek +11 City of El Lago. City of Pasadena. Taylor Bayou Diversion Channel 1,000 feet west of Shady Lane +11 Harris County (Unincorporated Areas). At confluence with Taylor Bayou +11 City of Pasadena. Taylor Gully At confluence with White Oak Creek +59 City of Houston. Approximately 400 feet upstream of Manor Drive +73 Theiss Gully & Tributary to Theiss Gully At confluence with Spring Gully +108 Harris County (Unincorporated Areas). Approximately 1,700 feet upstream of Suzanne Court +144 Tirbutary 1.61 to Brickhouse Gully At confluence with Brickhouse Gully +71 City of Houston. Approximately at Pinemont Drive +82 Tributary 0.12 to Tributary 13.92 At confluence with Tributary 13.92 to Little Cypress Creek +187 Harris County (Unincorporated Areas). Approximately 2,000 feet upstream of Botkins Road +215 Tributary 0.26 to Willow Creek Approximately 2,000 feet downstream of Fox Hollow Boulevard +120 Harris County (Unincorporated Areas). At confluence with Willow Creek +120 Tributary 0.55 to Tributary 3.19 Garners At confluence with Williams Gully +63 City of Humble. Approximately 100 feet downstream of Houston Avenue +77 Harris County (Unincorporated Areas). Tributary 1.25 to Boggs Gully At confluence with Boggs Gully +159 Harris County (Unincorporated Areas). Approximately 800 feet downstream of Hufsmith Kohrville Road +173 City of Tomball. Tributary 1.63 to Rock Hollow At confluence with Rock Hollow +165 Harris County (Unincorporated Areas). Approximately 1.5 miles downstream of Mount Road +193 Tributary 1.78 to Willow Springs Bayou At confluence with Willow Springs Bayou +20 City of Deer Park. Approximately 300 feet upstream of North P Street +27 City of La Porte. Tributary 1.95 to North Fork Greens Bayou At confluence with Greens Bayou +97 Harris County (Unincorporated Areas). Approximately 2,000 feet downstream Bammel Road (FM1960) +108 Tributary 10.08 to Clear Creek At confluence with Clear Creek +12 Harris County (Unincorporated Areas). 2,500 feet downstream of Bay Area Boulevard +23 Tributary 10.1 to White Oak Bayou At confluence with White Oak Bayou +71 City of Houston. Approximately 300 feet downstream of Pinemont Drive +80 Tributary 10.46 to Armand Bayou At confluence with Armand Bayou +20 City of Pasadena Approximately 700 feet upstream of Preston Boulevard +33 Tributary 10.77 to Sims Bayou At confluence with Sims Bayou +36 City of Houston. Approximately 200 feet downstream of Orem Drive +40 Tributary 10.99 to Little Cypress Creek At confluence with Little Cypress Creek +175 Harris County (Unincorporated Areas). Approximately 300 feet downstream of Cook Road +212 Tributary 11.715 to Carpenters Bayou At confluence with Carpentes Bayou +39 Harris County (Unincorporated Areas). Approxiamtely 1,700 feet usptream of Beaumont Highway +43 Tributary 11.96 to Halls Bayou Approximately 900 feet downstream of East Carby Street +73 City of Houston. At confluence with Halls Bayou +73 Harris County (Unincorporated Areas). Tributary 12.05 to Hunting Bayou At confluence with Hunting Bayou +44 City of Houston. Approximately at Wipprecht Street +48 Tributary 12.18 to Armand Bayou At confluence with Armand Bayou +26 City of Pasadena. Approximately at Beltway 8 +30 Tributary 12.70 to Hunting Bayou Approximately at Crane Street +45 City of Houston. At confluence with Hunting Bayou +45 Tributary 13.50 to Willow Creek At confluence with Willow Creek +160 Harris County (Unincorporated Areas). Approximately 1,000 feet downstream of FM 2920 +174 Tributary 13.83 to Sims Bayou Approximately 250 feet upstream of Sunbeam +42 City of Houston. At confluence with Sims Bayou +42 Tributary 13.92 to Little Cypress Creek At confluence with Little Cypressn Creek +187 Harris County (Unincorporated Areas). Approximately 600 feet downstream of Botkins Road +199 Tributary 14.27 to Greens Bayou At confluence with Greens Bayou +43 City of Houston. Approximately 300 feet downstream of Van Zandt +62 Harris County (Unincorporated Areas). Tributary 14.82 to Greens Bayou At confluence with Greens Bayou +44 City of Houston. Approximately 200 feet downstream of Spottswood Drive +63 Harris County (Unincorporated Areas). Tributary 15.8 to Whie Oak Bayou At confluence with White Oak Bayou +89 Harris County (Unincorporated Areas). Approximately 500 feet downstream of Fairbanks North Houston Road +100 Tributary 17.82 to Sims Bayou Approximately 100 feet downstream of Airport Boulevard +52 City of Houston. At confluence with Sims Bayou +52 Tributary 19.05 to White Oak Bayou At confluence with White Oak Bayou +104 City of Jersey Village. Approximately 1,300 feet downstream of Wright Road +111 Tributary 19.82 to White Oak Bayou At confluence with White Oak Bayou +106 City of Jersey Village. Approximately at Highway 290 +114 Tributary 2.00 to Berry Bayou At confluence with Berry Bayou +24 City of Houston. 700 feet upstream of College Street +33 City of South Houston. Tributary 2.01 to Williams Gully At confluence with Williams Gully +58 Harris County (Unincorporated Areas). Approximately 1,000 feet downstream of Atascocita Road +70 Tributary 2.1 to Spring Gully At confluence with Spring Gully +114 Harris County (Unincorporated Areas). Approximately 600 feet upstream of Plymouth Ridge +133 Tributary 2.17 to Tributary 52.9 to Upper Buffalo Bayou/Cane Approximately 300 feet downstream of Mason Road +100 Harris County (Unincorporated Areas). At confluence with Tributary 52.9 to Upper Buffalo Bayou/Cane +100 Tributary 2.44 to Willow Creek At confluence with Willow Creek +123 Harris County (Unincorporated Areas). Approximately 400 feet downstream of Alderley Road +135 Tributary 2.70 to Gum Gully At confluence with Gum Gully +35 Harris County (Unincorporated Areas). Approximately 1,200 feet upstream of Humble Crosby Road +51 Tributary 20.25 to Sims Bayou At confluence with Sims Bayou +55 City of Houston. Approximately 500 feet downstream of Melanite +59 Tributary 20.86 to Brays Bayou At confluence with Brays Bayou +67 City of Houston. Approximately 100 feet downstream of Southern Pacific Railroad +72 Tributary 20.88 to Greens Bayou At confluence with Greens Bayou +59 City of Houston. Approximately 200 feet downstream IH 59 +68 Harris County (Unincorporated Areas). Tributary 20.90 to Brays Bayou At confluence with Brays Bayou +67 City of Houston. Approximately 200 feet upstream of Cook Road +81 Tributary 21.08 to Spring Creek At confluence with Spring Creek +118 Harris County (Unincorporated Areas). Approximately 250 feet downstream of Railroad +131 Tributary 21.95 to Brays Bayou Approximately 1,000 feet downstream of Wilcrest Drive +71 City of Houston. Approximately at Synott Road +80 Tributary 22.69 to Brays Bayou Approximately 400 feet upstream of Richmond Avenue +72 City of Houston. Approximately 500 feet downstream of High Star Drive +72 Tributary 23.53 to Brays Bayou At confluence with Brays Bayou +73 Harris County (Unincorporated Areas). Approximately 100 feet downstream of Metro Boulevard +80 City of Houston. Tributary 24.97 to Greens Bayou At confluence with Greens Bayou +68 City of Houston. Approximately 350 feet downstream IH 45 +82 Harris County (Unincorporated Areas). Tributary 26.20 to Brays Bayou At confluence with Bray Bayou +78 Harris County (Unincorporated Areas). Approximately 2,000 feet upstream of Piping Rock Road +82 City of Houston. Tributary 26.64 to Greens Bayou—Hoods Bayou At confluencewith Greens Bayou +73 City of Houston. Approximately 2,000 feet upstream Farrell Road +98 Harris County (Unincorporated Areas). Tributary 29.16 to Brays Bayou At confluence with Brays Bayou +84 Harris County (Unincorporated Areas). Approximately 400 feet upstream of Addicks Clodine Road +85 Tributary 3.08 to Gum Gully At confluence with Gum Gully +36 Harris County (Unincorporated Areas). Approximately 7,500 feet upstream of Golf Club Drive +56 Tributary 3.10 to Taylor Bayou 3,000 feet downstream of Red Bluff Road +11 Harris County (Unincorporated Areas). At confluence with Taylor Bayou +11 Tributary 3.19 to Garners Bayou At confluence with Garners Bayou +61 City of Houston. Approximately 150 feet downstream Wilson Road +71 Harris County (Unincorporated Areas). Tributary 3.31 to Berry Bayou At confluence with Berry Bayou +29 City of Houston. 100 feet upstream of Princess Drive +34 City of South Houston. Tributary 3.33 to Capenters Bayou At confluence with Carpenters Bayou +14 Harris County (Unincorporated Areas). Approximately 700 feet downstream of Ashland Drive +28 Tributary 3.36 to Taylor Bayou 1,000 feet downstream of Choates Road +11 Harris County (Unincorporated Areas). At confluence with Taylor Bayou +11 Tributary 3.9 to Turkey Creek At confuence with Turkey Creek +101 Harris County (Unincorporated Areas). Approximately 300 feet downstream West Little York Road +110 City of Houston. Tributary 3.93 to Taylor Bayou 500 feet west of Railroad +11 Harris County (Unincorporated Areas). At confluence with Taylor Bayou +11 City of Pasadena. Tributary 32.23 to Greens Bayou At confluence with Greens Bayou +92 Harris County (Unincorporated Areas). Approximately 200 feet downstream Spears Road +98 Tributary 34.60 to Greens Bayou At confluence with Greens Bayou +99 Harris County (Unincorporated Areas). Approximately 300 feet downstream Antoine Drive +103 Tributary 36.6 to Cypress Creek At confluence with Cypress Creek +147 Harris County (Unincorporated Areas). Approximately 6,000 feet upstream of Access Road +152 Tributary 37.1 to Cypress Creek At confluence with Cypress Creek +148 Harris County (Unincorporated Areas). Approximately 1,000 feet downstream of Highway 290 +153 Tributary 4.51 to Horespen Bayou At confluence with Horsepen Bayou +19 City of Houston. Approximately 600 feet upstream of Space Cneter Boulevard +22 Tributary 4.96 to Mason Creek At confluence with Mason Creek +122 Harris County (Unincorporated Areas). Approximately 7,800 feet upstream of Peek Road South +135 City of Houston. Tributary 40.7 to Cypress Creek At confluence with Cypress Creek +156 Harris County (Unincorporated Areas). Approximately 1,500 feet downstream of Highway 290 +198 Tributary 42.7 to Cypress Creek At confleunce with Cypress Creek +159 Harris County (Unincorporated Areas). Approximately 2 miles upstream of Jack Road +197 Tributary 44.5 to Cypress Creek At confluence with Cypress Creek +164 Harris County (Unincorporated Areas). Approximately 3,800 feet downstream of Mound Road +208 Tributary 5.44 to Horsepen Bayou 200 feet upstream of Crescent Landing +21 City of Houston. At confluence with Horsepen Bayou +21 Tributary 52.9 to Upper Buffalo Bayou/Cane At confluence with Cane Island Branch +97 Harris County (Unincorporated Areas). Approximately 3,000 feet downstream Highland Knolls Drive +102 City of Houston. Tributary 6.71 to Halls Bayou At confluence with Halls Bayou +56 City of Houston. Approximately 200 feet downstream of Mount Houston +62 Harris County (Unincorporated Areas). Tributary 6.77 to Buffalo Bayou Approximately 400 feet upstream of First Street +12 City of Houston. At confluence with Buffalo Bayou-Houston Ship Channel +12 Tributary 7.62 to Mound Creek Approximately at Burton Cemetery Road (Extended) +225 Harris County (Unincorporated Areas). Approximately 600 feet upstream of Burton Cemetery Road (Extended) +227 Tributary 8.16 to Willow Creek At confluence with Willow Creek +143 Harris County (Unincorporated Areas). Approximately 2,000 feet downstream of Mahaffey Road +158 Tributary 9.36 to Little Cypress Creek At confluence with Little Cypress Creek +168 Harris County (Unincorporated Areas). Approximately 800 feet downstream of Bauer Hockley Road +174 Tributary 9.39 to Armand Bayou At confluence with Armand Bayou +18 City of Pasadena. Approximately 6,000 feet downstream of Farley Road +28 City of Houston. Tributary 9.4 to South Mayde Creek At confluence with South Mayde Creek +125 Harris County (Unincorporated Areas). Approximately at Katy Hockley Cut-off Road +147 Tributary B to Willow Springs Bayou At confluence with Willow Springs Bayou +26 City of Deer Park. Approximately 150 feet upstream of Amy Drive +26 Tributary to Spring Gully At confluence with Spring Gully +123 Harris County (Unincorporated Areas). Approximately 1,200 feet upstream of T.C. Jester Boulevard +139 Tributary to Turkey Creek At confluence with Turkey Creek +78 City of Houston. Approximately 200 feet upstream of Farrel Road +81 Turkey Creek (A119-00-00) At confluence with Clear Creek +28 Harris County (Unincorporated Areas). At Sageglen Road +31 City of Houston. Turkey Creek (K111-00-00) At confluence with Cypress Creek +78 Harris County (Unincorporated Areas). Approximately at Willow West Drive +105 City of Houston. Turkey Creek and Continuation of Turkey Creek At confluence with Buffalo Bayou +75 Harris County (Unincorporated Areas). Approximately 200 feet downstream of West Little York Road +106 City of Houston. TxDOT Ditch #4 Approximatley 1,700 feet downstream Houston Avenue +60 City of Humble. At confluence with Jordan Gully +60 City of Houston. Harris County (Unincorporated Areas). Unnamed Tributary of Buffalo Bayou (W157-00-00) At confluence with Buffalo Bayou +67 City of Houston. Approximately 500 feet downstream of Westheimer Road +71 Unnamed Tributary to A119-07-00 At confluence with A119-07-02 +31 City of Houston. 1,000 feet upstream of Conklin Lane +32 Unnamed Tributary to B114-00-00 Approximately 100 feet downstream of Kalwick Drive +32 City of Deer Park. At confluence with B114-00-00 +32 Unnamed Tributary to Bear Creek At confluence with Bear Creek +103 Harris County (Unincorporated Areas). Approximately 100 feet downstream Judyleigh Drive +117 City of Houston. Unnamed Tributary to Buffalo Bayou (W170-00-00) At confluence with Buffalo Bayou +77 Harris County (Unincorporated Areas). Approximately 100 feet upstream of Barker Clodine Road +101 City of Houston. Unnamed Tributary to Cedar Bayou At confluence with Cedar Bayou +52 Harris County (Unincorporated Areas). Approximately 200 feet downstream of Crosby Eastgate Road +60 Unnamed Tributary to Cow Bayou 100 feet upstream of Camino Real Boulevard +12 City of Houston. At confluence with Cow Bayou +12 City of Webster. Unnamed Tributary to Greens Bayou (P-147-00-00) At confluence with Greens Bayou +93 City of Houston. Approximately 1,200 feet downstream Antoine Drive +104 Unnamed Tributary to Greens Bayou (P114-00-00) At confluence with Greens Bayou +32 City of Houston. Approximately 200 feet downstream of Mesa Drive +38 Unnamed Tributary to Greens Bayou (P155-00-00) At confluence with Greens Bayou +78 City of Houston. Approximately 200 feet downstream of P140-00-00 +80 Harris County (Unincorporated Areas). Unnamed Tributary to Greens Bayou (P156-00-00) At confluence with Greens Bayou +80 City of Houston. Approximately 400 feet upstream of Goodnight Trail +82 Harris County (Unincorporated Areas). Unnamed Tributary to San Jacinto River (G103-01-00) At confluence with San Jacinto River +11 Harris County (Unincorporated Areas). Approximately at Pine Street +26 Unnamed Tributary to San Jacinto River (G103-07-00) At confluence with San Jacinto River +22 Harris County (Unincorporated Areas). Approximately 600 feet downstream of Miller Road No. 2 +41 Unnamed Tributary to Turkey Creek (A119-05-00) At confluence with Turkey Creek +30 City of Houston. 250 feet downstream of SH 3 +32 Unnamed Tributary to Turkey Creek (A119-07-00) 600 feet upstream of confluence with Turkey Creek +31 City of Houston. At confluence with Turkey Creek +31 Unnamed Tributary to White Oak Bayou At confluence with White Oak Bayou +85 City of Houston. Approximately 150 feet downstream of Round Bank Drive +104 Harris County (Unincorporated Areas). Unnamed Tributary to Willow Creek Approximately 300 feet upstream of Elberry Road +123 Harris County (Unincorporated Areas). At confluence with Willow Creek +123 Vince Bayou At confluence with Ship Channel +12 City of Houston. Approximately at Fairmont Parkway +33 City of Pasadena. Vogel Creek At confluence with White Oak Bayou +74 City of Houston. Approximately 300 feet downstream of Fallbrook Road +104 Harris County (Unincorporated Areas). Wallisville Outfall At confluence with Hunting Bayou +26 City of Houston. Approximately 200 feet downstream of Gelhorn Drive +36 West Fork San Jacinto River At confluence with Lake Houston +50 City of Humble. Approximately 600 feet upstream of U.S. Highway 59 +68 City of Houston. Harris County (Unincorporated Areas). White Oak Bayou Approximately at I-10 +35 City of Houston. Approximately 200 feet downstream of Highway 290 +131 City of Jersey Village. Harris County (Unincorporated Areas). White Oak Creek At confluence with Caney Creek +58 City of Houston. Approximately 1,800 feet upstream of Hueni Road +63 Wild Cow Gulch At confluence with Cypress Creek +78 Harris County (Unincorporated Areas). Approximately at Hickory Gate Drive +95 Williams Gully At confluence with Garners Bayou +58 Harris County (Unincorporated Areas). Approximately 300 feet upstream of Will Clayton Parkway +63 Willow Creek & Continuation of Willow Creek At confluence with Spring Creek +120 Harris County (Unincorporated Areas). Approximately 6,500 feet upstream of Juergen Road +201 Willow Springs Bayou At confluence with Armand Bayou +20 City of Pasadena. Approximately 300 feet downstream of Luella Lane +27 City of Deer Park. City of La Porte. Harris County (Unincorporated Areas). Willow Waterhole Bayou At confluence with Brays Bayou +52 City of Houston. At Braewick Drive +59 Wunsche Gully At confluence with Lemm Gully +97 Harris County (Unincorporated Areas). Approximately 2,000 feet east of Wuensche Road +125 City of Houston. # Depth in feet above ground. *National Geodetic Vertical Datum (to convert to NAVD, add 4.2 feet to NGVD elevation). +National American Vertical Datum. ADDRESSES Harris County (Unincorporated Areas) Maps are available for inspection at 10000 Northwest Freeway, Suite 102, Houston, TX 77092. City of Baytown Maps are available for inspection at 2401 Market Street, Baytown, TX 77520. City of Bellaire Maps are available for inspection at 7008 South Rice Avenue, Bellaire, TX 77401. City of Bunker Hill Village Maps are available for inspection at 10000 Northwest Freeway, Suite 102, Houston, TX 77092. City of Chelford M.U.D. Maps are available for inspection at Putney, Moffatt & Easley Inc., 1301 Sherwood Forest, Houston, TX 77043. City of Deer Park Maps are available for inspection at 710 East Saint Augustine Street, Deer Park, TX 77536. City of El Lago Maps are available for inspection at 98 Lakeshore Drive, El Lago, TX 77586. City of Galena Park Maps are available for inspection at 2000 Clinton Drive, Galena Park, TX 77547 City of Hedwig Village Maps are available for inspection at 10000 Northwest Freeway, Suite 102, Houston, TX 77092. City of Hillshire Village Maps are available for inspection at 8389 Westview Drive, Houston, TX 77055. City of Houston Maps are available for inspection at 901 Bagby, Houston TX 77002. City of Humble Maps are available for inspection at 114 West Higgins, Humble, TX 77338. City of Jacinto City Maps are available for inspection at 10301 Market Street Road, Houston, TX 77029. City of Jersey Village Maps are available for inspection at 16501 Jersey Drive, Houston, TX 77040. City of La Porte Maps are available for inspection at 604 West Fairmont Parkway, La Porte, TX 77571. City of Missouri City Maps are available for inspection at 1522 Texas Parkway, Missouri City, TX 77489. City of Morgans Point Maps are available for inspection at 1415 East Main Street, Morgans Point, TX 77571. City of Nassau Bay Maps are available for inspection at 1800 NASA Road One, Nassau Bay, TX 77058. City of Pasadena Maps are available for inspection at 1211 East Southmore, Pasadena, TX 77502. City of Pearland Maps are available for inspection at 3519 Liberty Drive, Pearland, TX 77581. City of Piney Village Maps are available for inspection at 7721 San Felipe, Houston, TX 77063. City of Seabrook Maps are available for inspection at 1700 First Street, Seabrook, TX 77586. City of Shoreacres Maps are available for inspection at 601 Shoreacres Blvd, La Porte, TX 77571. City of South Houston Maps are available for inspection at 1018 Dallas Street, South Houston, TX 77587. City of Southside Place Maps are available for inspection at 6309 Edloe Street, Houston, TX 77005. City of Spring Valley Maps are available for inspection at 1025 Campbell Road, Houston, TX 77055. City of Stafford Maps are available for inspection at 2610 South Main Street, Stafford, TX 77477. City of Taylor Lake Village Maps are available for inspection at 500 Kirby, Seabrook, TX 77586. City of Tomball Maps are available for inspection at 401 West Market Street, Tomball, TX 77375. City of Webster Maps are available for inspection at 311 Pennsylvania Ave, Webster, TX 77598. City of West University Place Maps are available for inspection at 3826 Amherst Street, West University Place, TX 77005. Kingsbridge M.U.D. Maps are available for inspection at 14526 Royal Hill Drive, Houston, TX 77093. Mission Bend M.U.D. #1 Maps are available for inspection at 10000 Northwest Freeway, Suite 102, Houston, TX 77092. Mission Bend M.U.D. #1 Maps are available for inspection at Moffatt-Easley Inc, 1303 Sherwood Forest, Houston, TX 77043. West Keegans Bayou Improvement District Maps are available for inspection at 5757 Woodway, Houston, TX 77057. Willow Fork Drainage District Maps are available for inspection at Turner, Collie & Braden, 5757 Woodway, Houston, TX 77057. Davis County, Utah and Incorporated Areas Docket No.: FEMA B-7464 Great Salt Lake Approximately 1000 feet West of intersection of N 800 W and W Jim Bridger +4217 City of Centerville. At intersection of 900 W and Parish Lane +4218 Great Salt Lake Approximately 400 feet Northwest of intersection of N Ranch and W Prairie View +4218 City of Farmington. Approximately 1400 feet West of intersection of N Ranch and W Prairie View +4219 Great Salt Lake Approximately 1800 feet South-Southeast of intersection of S View Crest and W Thomas +4218 City of Kaysville. Great Salt Lake Approximately 400 feet West of intersection of N 5000 W and W 300 North +4217 City of West Point. Great Salt Lake Approximately 0.9 miles West of intersection of W 2425 S and N Redwood +4218 City of Woods Cross. Great Salt Lake Approximately 1600 feet West of intersection of W York and N Skipton +4218 City of North Salt Lake City. Great Salt Lake Approximately 1500 feet West of intersection of County Road 127 and County Road 110 +4217 Davis County (Unincorporated Areas). Approximately 0.6 miles Northwest of intersection of W Porter and N 1100 W +4219 Great Salt Lake Approximately 200 feet West of Intersection of N Willowbrook and N 880 W +4218 City of West Bountiful. Jordan River Approximately 1600 feet South of intersection of W Interchange and S Enterprise +4217 City of North Salt Lake City. Approximately 600 feet west of intersection of W Interchange and S Enterprise +4218 # Depth in feet above ground. *National Geodetic Vertical Datum. +National American Vertical Datum. ADDRESSES City of Centerville Maps are available for inspection at 655 North 1250 West, Centerville, UT 84014. City of Farmington Maps are available for inspection at 130 North Main, Farmington, UT 84025. City of Kaysville Maps are available for inspection at 23 East Center Street, Kaysville, UT 84037. City of North Salt Lake City Maps are available for inspection at 20 South Highway 89, North Salt Lake City, UT 84054. City of West Bountiful Maps are available for inspection at 550 North 800 West, West Bountiful, UT 84087. City of West Point Maps are available for inspection at 3200 West 300 North, West Point, UT 84015. City of Woods Cross Maps are available for inspection at 1555 South 800 West, Woods Cross, UT 84087. *Davis County (Unincorporated Areas)* Maps are available for inspection at 28 East State Street, Farmington, UT 84025. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: December 22, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-22521 Filed 1-3-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations
(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map
(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety
(90)days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground Modified Communities affected Person County, North Carolina and Incorporated Areas Docket No.: FEMA-D-7570,D-7582, and FEMA-D-7668 Alderidge Creek At the upstream side of Berry Road +527 Person County (Unincorporated Areas). Approximately 0.7 mile upstream of Satterfield Road +536 Alderidge Creek Tributary At the confluence with Alderidge Creek +530 Person County (Unincorporated Areas). Approximately 0.3 mile upstream of the confluence with Alderidge Creek +535 Big Blue Wing Creek Approximately 1,300 feet downstream of High View Church Road (State Route 1509) +403 Person County (Unincorporated Areas). Approximately 0.7 mile upstream of Tatum Road (State Route 1511) +506 Big Blue Wing Tributary 1 Approximately 2,000 feet downstream of Wind Dancer Lane +399 Person County (Unincorporated Areas). Approximately 0.4 mile upstream of Epps-Martin Road (State Route 1506) +450 Bowes Branch At the Virginia/North Carolina State boundary +361 Person County (Unincorporated Areas). Approximately 1,440 feet upstream of Virginia/North Carolina State boundary +368 Bredlov Creek At the confluence with Big Blue Wing Creek +407 Person County (Unincorporated Areas). Approximately 1,400 feet upstream of the confluence with Big Blue Wing Creek +413 Broachs Mill Creek At the confluence with South Hyco Creek +433 Person County (Unincorporated Areas). Approximately 0.9 mile upstream of Hester's Store Road (State Route 1162) +515 Bushy Fork Creek Approximately 600 feet downstream of Charlie Long Road +571 Person County (Unincorporated Areas). Approximately 1.1 miles upstream of Bradsher Road +616 Bushy Fork Creek Tributary At the confluence with Bushy Fork Creek +606 Person County (Unincorporated Areas). Approximately 0.38 mile upstream of the confluence with Bushy Fork Creek +622 Byrds Creek Approximately 850 feet upstream of the confluence with South Flat River +546 Person County (Unincorporated Areas). Approximately 1.0 mile upstream of the confluence with South Flat River +558 Castle Creek At the confluence with Hyco River +360 Person County (Unincorporated Areas). Approximately 790 feet downstream of Shiloh Church Road (State Route 1322) +394 Cattail Branch At the confluence with Big Blue Wing Creek +428 Person County (Unincorporated Areas). Approximately 1,750 feet upstream of the confluence with Big Blue Wing Creek +437 Cobbs Creek Approximately 0.8 mile upstream of the confluence with Hyco Lake +414 Person County (Unincorporated Areas). At the Person/Caswell County boundary +510 Cub Creek Tributary 1 At the Person/Granville County boundary +477 Person County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence of Cub Creek Tributary 2 +499 Cub Creek Tributary 2 At the confluence with Cub Creek Tributary 1 +490 Person County (Unincorporated Areas). Approximately 1,500 feet upstream of the confluence with Cub Creek Tributary 1 +496 Deep Creek At the Person/Durham County boundary +419 Person County (Unincorporated Areas). Approximately 1.0 mile upstream of Mollie Moonie Road +561 Deep Creek Tributary At the confluence with Deep Creek +477 Person County (Unincorporated Areas). Approximately 2,000 feet upstream of the confluence with Deep Creek +485 Deep Creek Tributary 2 At the confluence with Deep Creek +516 Person County (Unincorporated Areas). Approximately 1,000 feet upstream of the confluence with Deep Creek +520 Dial Creek At the Person/Durham County boundary +515 Person County (Unincorporated Areas). Approximately 400 feet upstream of the Person/Durham County boundary +519 Flat River Tributary 5 At the confluence with Flat River +474 Person County (Unincorporated Areas). At the Person/Durham County boundary +496 Ghents Creek At the confluence with Hyco River +367 Person County (Unincorporated Areas). Approximately 1,400 feet upstream of Edwin Robertson Road (State Route 1322) +387 Hyco River Approximately 1.4 miles downstream of Railroad +358 Person County (Unincorporated Areas). At the Hyco Dam +380 Hyco River Tributary 1 At the confluence with Hyco River +380 Person County (Unincorporated Areas). Approximately 600 feet upstream of the confluence with Hyco River +380 Lick Creek 1 At the upstream side of Ashley Road +533 Person County (Unincorporated Areas). At the Person/Orange County boundary +545 Marlowes Creek At the upstream side of Cavel Chub Lake Road +469 Person County (Unincorporated Areas), City of Roxboro. Approximately 860 feet upstream of Depot Street +610 Marlowes Creek Tributary 1 At the confluence with Marlowes Creek +469 Person County (Unincorporated Areas). Approximately 840 feet upstream of Chub Lake Road (State Route 1337) +680 Marlowes Creek Tributary 1A At the confluence with Marlowes Creek Tributary 1 +490 Person County (Unincorporated Areas). Approximately 0.5 mile upstream of Chub Lake Road (State Route 1337) +656 Marlowes Creek Tributary 2 At the confluence with Marlowes Creek +552 Person County (Unincorporated Areas), City of Roxboro. Approximately 0.5 mile upstream of Broad Road (State Route 1534) +617 Mayo Creek Approximately 740 feet downstream of Mayo Lake Road (State Route 1501) +349 Person County (Unincorporated Areas). Approximately 0.8 mile upstream of Denny's Store Road (State Route 1536) +511 Mayo Creek Tributary 14 At the confluence with Mayo Creek +444 Person County (Unincorporated Areas). Approximately 1,300 feet upstream of the confluence with Mayo Creek +444 Mayo Creek Tributary 15 At the confluence with Mayo Creek +450 Person County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Mayo Creek +475 Mill Creek Approximately 400 feet downstream of Street's Store Road (State Route 1519) +445 Person County (Unincorporated Areas). Approximately 530 feet upstream of Todd Road (State Route 1547) +559 North Flat River Approximately 500 feet upstream of Paynes Tavern Road +604 Person County (Unincorporated Areas). Approximately 1.2 miles upstream of Paynes Tavern Road +617 North Flat River Tributary Just upstream of Railroad crossing +542 City of Roxboro, Person County (Unincorporated Areas). Approximately 1.0 mile upstream of U.S. HWY 158 +711 North Flat River Tributary 2 Approximately 600 feet upstream of the confluence with North Flat River +580 City of Roxboro, Person County (Unincorporated Areas). Approximately 1.0 mile upstream of Industrial Drive +701 North Flat River Tributary 3 At the confluence with North Flat River +604 Person County (Unincorporated Areas). Approximately 325 feet upstream of Noah Davis Road +625 North Flat River Tributary 5 At the confluence with North Flat River Tributary +582 Person County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with North Flat River Tributary +600 North Flat River Tributary 7 At the confluence with North Flat River Tributary 2 +592 Person County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with North Flat River Tributary 2 +607 North Flat River Tributary 8 At the confluence with North Flat River Tributary 2 +595 Person County (Unincorporated Areas). Approximately 825 feet upstream of Hurdle Mills Road +606 North Flat River Tributary 9 At the confluence with North Flat River Tributary 2 +608 Person County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with North Flat River Tributary 2 +649 Powells Creek At the confluence with Hyco River +367 Person County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Hyco River +367 Rock Fork At the confluence with Deep Creek +445 Person County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Deep Creek +453 Satterfield Creek At the confluence with Storys Creek +489 Person County (Unincorporated Areas). Approximately 0.9 mile upstream of confluence with Storys Creek +491 South Flat River At the upstream side of Jim Morton Road +618 Person County (Unincorporated Areas). Approximately 1.1 miles upstream of Jim Morton Road +627 South Flat River Tributary Approximately 100 feet upstream of the confluence with South Flat River +491 Person County (Unincorporated Areas). Approximately 500 feet upstream of U.S. HWY 501/State Route 57 +508 South Flat River Tributary 3 Approximately 0.3 mile upstream of the confluence with South Flat River +517 Person County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with South Flat River +522 South Flat River Tributary 4 Approximately 1,400 feet upstream of the confluence with South Flat River +593 Person County (Unincorporated Areas). Approximately 0.8 mile upstream of the confluence with South Flat River +602 South Flat River Tributary 5 Approximately 1,200 feet upstream of the confluence with South Flat River +603 Person County (Unincorporated Areas). Approximately 575 feet upstream of Briggs Road +617 South Hyco Creek At the upstream side of John Brewer Road (State Route 1343) +415 Person County (Unincorporated Areas). Approximately 1.0 mile upstream of State Highway 49 +543 South Hyco Creek Tributary 2 At the confluence with South Hyco Creek +516 Person County (Unincorporated Areas). Approximately 1,900 feet upstream of the confluence with South Hyco Creek +553 South Hyco Creek Tributary 8 At the confluence with South Hyco Creek +540 Person County (Unincorporated Areas). Approximately 400 feet upstream of Jones Road (State Route 1100) +602 Storys Creek At the confluence with Hyco River +366 Person County (Unincorporated Areas). Approximately 1.2 miles upstream of City Lake Road (State Route 1336) +489 Tanyard Branch At the downstream side of Railroad +570 City of Roxboro. Approximately 1,300 feet upstream of North Morgan Street +658 Tar River At the Person/Granville County boundary +499 Person County (Unincorporated Areas). Approximately 0.5 mile upstream of Gentry Road +551 Tar River Tributary 5 At the confluence with the Tar River +510 Person County (Unincorporated Areas). Approximately 150 feet upstream of Depot Street +541 # Depth in feet above ground * National Geodetic Vertical Datum + North American Vertical Datum ADDRESSES City of Roxboro Maps are available for inspection at the Roxboro City Planning Department, 105 South Lamar Street, Roxboro, North Carolina. Person County (Unincorporated Areas) Maps are available for inspection at the Person County Planning and Zoning Department, 20A Court Street, Roxboro, North Carolina. (Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”) Dated: December 22, 2006. David I. Maurstad, Director Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-22522 Filed 1-3-06; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 050613158-5262-03; I.D. 090105A] RIN 0648-AT48 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Extension of Emergency Fishery Closure Due to the Presence of the Toxin That Causes Paralytic Shellfish Poisoning AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; emergency action; extension of effective period. SUMMARY: This action reinstates a temporary final rule published on October 18, 2005. The regulations contained in the temporary rule, emergency action, published on October 18, 2005, at the request of the U.S. Food and Drug Administration
(FDA)and that were subsequently extended on December 28, 2005, and again on June 30, 2006, expire on December 31, 2006. This temporary rule extends the closure through June 30, 2007. The FDA has determined that current oceanographic conditions and alga sampling data suggests that the northern section of the Temporary Paralytic Shellfish Poison
(PSP)Closure Area remain closed to the harvest of bivalve molluscan shellfish and that the southern area remain closed to the harvest of whole or roe-on scallops. NMFS is publishing the regulatory text associated with this closure in this temporary emergency rule in order to ensure that current regulations accurately reflect the codified text that has been modified and extended numerous times so that the public is aware of the regulations being extended through June 30, 2007. DATES: The amendment to § 648.14 is effective from January 1, 2007, to June 30, 2007. The expiration date of the temporary emergency action published on June 30, 2006 (71 FR 37505), is extended to June 30, 2007. Comments must be received by February 5, 2007. ADDRESSES: Copies of the small entity compliance guide, the emergency rule, the environmental assessment, and the regulatory impact review prepared for the October 18, 2005, reinstatement of the September 9, 2005, emergency action and subsequent extensions of the emergency action, are available from Patricia A. Kurkul, Regional Administrator, National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930. These documents are also available via the internet at *http://www.nero.noaa.gov.* Comments may be submitted by any of the following methods: • *E-mail: PSPclosure2@NOAA.gov.* Include the subject line the following: “Comments on the October Emergency Rule for Area closures Due to PSP.” • *Federal e-Rulemaking Portal: http://www.regulations.gov* . • *Mail:* Paper, disk, or CD-ROM comments should be sent to Patricia A. Kurkul, Regional Administrator, National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments on October PSP closure.” • *Fax:*
(978)281-9135. FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Policy Analyst, phone:
(978)281-9220, *fax:*
(978)281-9135. SUPPLEMENTARY INFORMATION: Background This emergency closure was implemented at the request of the FDA after samples of shellfish from the inshore and offshore waters off of the coasts of New Hampshire and Massachusetts tested positive for the toxins (saxotoxins) that cause Paralytic Shellfish Poisoning (PSP). These toxins are produced by the algae *Alexandrium fundyense* that can form blooms commonly referred to as red tides. Red tide blooms, also known as harmful algal blooms (HABs), can produce toxins that accumulate in filter-feeding shellfish. Shellfish contaminated with the toxin, if eaten in large enough quantity, can cause illness or death from PSP. On June 10, 2005, the FDA requested that NMFS close an area of Federal waters off the coasts of New Hampshire and Massachusetts to fishing for bivalve shellfish intended for human consumption. On June 16, 2005, NMFS published an emergency rule (70 FR 35047) closing the area recommended by the FDA, *i.e.* , the Temporary PSP Closure Area, through September 30, 2005. On July 7, 2005 (70 FR 39192), the emergency rule was modified to facilitate the testing of shellfish for the toxin that causes PSP by the FDA and/or FDA-approved laboratories through the issuance of a Letter of Authorization
(LOA)from the Regional Administrator. On September 9, 2005 (70 FR 53580), the emergency regulation was once again modified by the division of the Temporary PSP Closure Area into northern and southern components. The northern area remained closed to the harvest of all bivalve molluscan shellfish while the southern component was reopened to the harvest of Atlantic surfclams and ocean quahogs but remained closed to the harvest of whole or roe-on scallops. The rule was extended as published on September 9, 2005, on October 3, 2005 (70 FR 57517), reinstated on October 18, 2005 (70 FR 60450) to correct a technical error, extended on December 28, 2005 (70 FR 76713), and subsequently on June 30, 2006 (71 FR 37505), through December 31, 2006. On December 27, 2006, the FDA indicated that they could not support the re-opening of the Temporary PSP Closure Area due to insufficient analytical data from the area. The boundaries of the northern component of the temporary closure area comprise Federal waters bound by the following coordinates in the order stated:
(1)43°00′ N. lat., 71°00′ W. long.;
(2)43°00′ N. lat., 69°00′ W. long.;
(3)41°39′ N. lat., 69°00′ W. long.;
(4)41°39′ N. lat., 71°00′ W. long., and then ending at the first point. Under this emergency rule this area would remain closed to the harvest of Atlantic surfclams, ocean quahogs, and whole or roe-on scallops. The boundaries of the southern component of the temporary closure area comprise Federal waters bound by the following coordinates in the order stated:
(1)41°39′ N. lat., 71°00′ W. long.;
(2)41°39′ N. lat., 69°00′ W. long.;
(3)40°00′ N. lat., 69°00′ W. long.;
(4)40°00′ N. lat., 71°00′ W. long., and then ending at the first point. Under this temporary emergency rule, this southern component of the area would remain closed only to the harvest of whole or roe-on scallops. Classification This action is issued pursuant to section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1855(c) (Magnuson-Stevens Act). The original emergency closure was in response to a public health emergency. Pursuant to section 305(c)(3)(C) of the Magnuson-Stevens Act, the closure to the harvest of shellfish, as modified on September 9, 2005, and re-instated on October 18, 2005, may remain in effect until the circumstances that created the emergency no longer exist, provided the public has had an opportunity to comment after the regulation was published, and, in the case of a public health emergency, the Secretary of Health and Human Services concurs with the Commerce Secretary's action. During the initial comment period, June 16, 2005, through August 1, 2005, no comments were received. One comment was received after the re-opening of the southern component of the Temporary PSP Closure Area on September 9, 2005. The commenter expressed reluctance to re-opening a portion of the closure area without seeing the results of the FDA tests. Data used to make determinations regarding closing and opening of areas to certain types of fishing activity are collected from Federal, state, and private laboratories. NOAA maintains a Red Tide Information Center ( *http://www.cop.noaa.gov/news/fs/ne_hab_200605.html* ) which can be accessed directly or through the Web site listed in the ADDRESSES section. Information on test results, modeling of algal bloom movement, and general background on red tide can be accessed through this information center. While NMFS is the agency with the authority to promulgate the emergency regulations, it modified the regulations on September 9, 2005, at the request of the FDA, after the FDA has determined that the results of its tests warranted such action. If necessary, the regulations may be terminated at an earlier date, pursuant to section 305(c)(3)(D) of the Magnuson-Stevens Act, by publication in the **Federal Register** of a notice of termination, or extended further to ensure the safety of human health. The rule, as last published on October 18, 2005, was determined to be not significant for the purposes of Executive Order 12866. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: December 28, 2006. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is amended to read as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In § 648.14, paragraphs (a)(170) and (a)(171) are added to read as follows: § 648.14 Prohibitions.
(a)* * *
(170)Fish for, harvest, catch, possess or attempt to fish for, harvest, catch, or possess any bivalve shellfish, including Atlantic surfclams, ocean quahogs, and mussels with the exception of sea scallops harvested only for adductor muscles and shucked at sea, or a vessel issued and possessing on board a Letter of Authorization
(LOA)from the Regional Administrator authorizing the collection of shellfish for biological sampling and operating under the terms and conditions of said LOA, in the area of the U.S. Exclusive Economic Zone bound by the following coordinates in the order stated:
(1)43° 00′ N. lat., 71° 00′ W. long.;
(2)43° 00′ N. lat., 69° 00′ W. long.;
(3)41° 39′ N. lat., 69° 00′ W. long;
(4)41° 39′ N. lat., 71° 00′ W. long., and then ending at the first point.
(171)Fish for, harvest, catch, possess, or attempt to fish for, harvest, catch, or possess any sea scallops except for sea scallops harvested only for adductor muscles and shucked at sea, or a vessel issued and possessing on board a Letter of Authorization
(LOA)from the Regional Administrator authorizing collection of shellfish for biological sampling and operating under the terms and conditions of said LOA, in the area of the U.S. Exclusive Economic Zone bound by the following coordinates in the order stated:
(1)41° 39′ N. lat., 71° 00′ W. long.;
(2)41° 39′ N. lat., 69° 00′ W. long.;
(3)40° 00′ N. lat., 69° 00′ W. long.;
(4)40° 00′ N. lat., 71° 00′ W. long., and then ending at the first point. [FR Doc. 06-9975 Filed 1-3-07; 8:45 am]
Connectionstraces to 32
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register
CFR
- Ventilation.§ 25.831
- Application.§ 21.303
- What is the legal effect of failing to comply with an airworthiness directive?§ 39.7
- May I address the unsafe condition in a way other than that set out in the airworthiness directive?§ 39.19
- Names, addresses, and drug labeler codes of sponsors of approved applications.§ 510.600
- Confidentiality of data and information in a new animal drug application file.§ 514.11
- Animal drugs.§ 25.33
- Clomipramine.§ 520.455
- Florfenicol.§ 520.955
- Atipamezole.§ 522.147
- Chlorhexidine.§ 524.402
- Definitions.§ 51.100
U.S. Code
- Federal Aviation Administration§ 106
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- Definitions; generally§ 321
- New animal drugs§ 360b
- Definitions§ 601
- Establishment, functions, and activities§ 272
- Purposes§ 3501
- SHORT TITLE.§ 801
- Congressional findings and declaration of purpose§ 7401
- Disaster mitigation requirements; notification to flood-prone areas§ 4105
- Congressional findings and declaration of purpose§ 4001
- Flood elevation determinations§ 4104
- Other requirements and authority§ 1855
- Findings, purposes and policy§ 1801
25 references not yet in our index
- 9 CFR 77
- 14 CFR 39
- 14 CFR 21
- 1 CFR 51
- 14 CFR 21.203
- 21 CFR 522.775
- 21 CFR 20
- 5 USC 801-808
- 21 CFR 510
- 21 CFR 522
- 21 CFR 520
- 21 CFR 524
- 40 CFR 52
- Pub. L. 104-4
- 40 CFR 51
- 40 CFR 81
- 40 CFR 59
- 44 CFR 65
- 44 CFR 60.3
- 44 CFR 65.4
- 44 CFR 10
- 5 USC 601-612
- 44 CFR 67
- 44 CFR 60
- 50 CFR 648
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