Unknown. Notice of Guidelines on Procedures for Submitting National List Petitions
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/register/2007/01/18/07-150A 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-2007-01-18.xml --- 72 11 Thursday, January 18, 2007 Contents AID Agency for International Development NOTICES Committees; establishment, renewal, termination, etc.: Voluntary Foreign Aid Advisory Committee, 2252 07-124 Agricultural Agricultural Marketing Service RULES National Organic Program: National List of Allowed and Prohibited Substances; guidelines for submitting list petitions, 2167-2170 E7-596 Raisins produced from grapes grown in California, 2173-2177 E7-623 Vegetables; import regulations:
Fresh tomatoes; minimum grade requirements; partial exemption, 2170-2173 E7-593 PROPOSED RULES Beef promotion and research, 2211-2212 E7-598 NOTICES Agency information collection activities; proposals, submissions, and approvals, 2252-2255 E7-624 Beef promotion and research: Cattlemen's Beef Promotion and Research Board; certification and nomination, 2255-2256 E7-648 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See Food Safety and Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 2252 E7-635 Army Army Department See Engineers Corps NOTICES Meetings:
Reserve Officers’ Training Corps Program Subcommittee, 2265 07-142 Military traffic management: Freight Carrier Registration Program; electronic data Interchange; intransit visibility of motor shipments, 2265-2266 07-144 Patent licenses; non-exclusive, exclusive, or partially exclusive: Advanced video controller system, 2266 07-143 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicaid: Provisions to ensure the integrity of Federal-State Financial Partnership; cost limit for providers operated by units of government, 2236-2248 07-195 Civil Civil Rights Commission NOTICES Meetings;
Sunshine Act, 2261 07-215 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Consumer Product Safety Commission RULES Consumer Product Safety Act: Portable generators; labeling requirements Correction, 2184-2185 07-193 PROPOSED RULES Consumer Product Safety Act: Automatic residential garage door operators; safety standard, 2217-2219 E7-580 NOTICES Agency information collection activities; proposals, submissions, and approvals, 2264-2265 E7-579 Defense Defense Department See Army Department See Engineers Corps See Navy Department Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 2267 E7-611 Grants and cooperative agreements; availability, etc.:
Special education and rehabilitative services— Rehabilitation Training Program, 2267-2271 07-90 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 2308-2309 E7-559 E7-560 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Active uranium and thorium processing sites; remedial action costs reimbursement, 2271 E7-609 Electricity export and import authorizations, permits, etc.:
Fortis Energy Marketing & Trading GP, 2271-2272 E7-605 S.A.C.Energy Investments, L.P., 2272-2273 E7-608 Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Alternative Fuel Transportation Program: Replacement fuel goal modification, 2212-2213 E7-607 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Centralia, WA; TransAlta Pit 7 Mine Completion Project; withdrawn, 2266-2267 E7-632 EPA Environmental Protection Agency RULES Air quality implementation plans:
Preparation, adoption, submittal— Volatile organic compunds, definition; HFE-7300 exclusion, 2193-2196 E7-638 Air quality implementation plans; approval and promulgation; various States: Wisconsin Correction, 2197-2198 E7-521 Superfund: National oil and hazardous substances contingency plan priorities list, 2198-2201 E7-537 PROPOSED RULES Solid wastes: Hazardous waste; identification and listing— Hazardous waste code F019; modification, 2219-2235 E7-640 Superfund: National oil and hazardous substances contingency plan priorities list, 2235-2236 E7-534 NOTICES Water pollution control:
Total maximum daily loads— California, 2280 E7-636 Executive Executive Office of the President See Trade Representative, Office of United States Export Export-Import Bank NOTICES Meetings: Sub-Saharan Africa Advisory Committee, 2280-2281 07-145 Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 2256-2257 E7-599 FAA Federal Aviation Administration RULES Airworthiness directives: Dassault, 2177-2179 E7-490 Rolls-Royce plc; correction, 2177 E7-497 Class D and E airspace, 2179-2181 E7-597 Class E airspace, 2181-2182 07-150 VOR Federal airways, 2182-2183 E7-600 PROPOSED RULES Class E airspace, 2213-2214 E7-601 NOTICES Agency information collection activities; proposals, submissions, and approvals, 07-151 2332-2333 07-152 FCC Federal Communications Commission PROPOSED RULES Common carrier services:
Missoula Intercarrier Compensation Reform Plan, 2248-2250 E7-621 E7-622 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 2281 07-216 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed: ConocoPhillips Co., 2276-2277 E7-567 ExxonMobil Oil Corp., 2277 E7-566 Environmental statements; notice of intent: CenterPoint Energy Gas Transmission Co., 2277-2279 E7-562 Hydroelectric applications, 2279-2280 E7-568 Meetings; Sunshine Act, 2280 E7-577 *Applications, hearings, determinations, etc.:* Central New York Oil & Gas Co., LLC, 2273 E7-576 Columbia Gulf Transmission Co., 2273 E7-570 Dauphin Island Gathering Partners, 2273-2274 E7-569 Dogwood Energy, LLC, 2274 E7-565 Iroquois Gas Transmission System, L.P., 2274 E7-575 Natural Gas Pipeline Co. of America, 2274 E7-561 Northern Border Pipeline Co., 2275 E7-573 Northwest Pipeline Corp., 2275 E7-572 Southern Co.
Services, Inc., 2275 E7-563 Stingray Pipeline Co., L.L.C., 2275-2276 E7-574 Wabash Valley Energy Marketing, Inc, 2276 E7-564 Wyoming Interstate Co., 2276 E7-571 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 2281-2282 E7-627 Ocean transportation intermediary licenses: Valu Freight Consolidators et al., 2282 E7-628 Federal Mine Federal Mine Safety and Health Review Commission RULES Procedural rules, etc.: Mine Improvement and New Emergency Response Act of 2006; implementation— Emergency response plan dispute proceedings and related rules, 2187-2192 E7-557 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Motor vehicle safety standards:
Parts and accessories necessary for safe operation— Electronic on-board recorders; hours-of-service compliance, 2340-2394 07-56 Federal Railroad Federal Railroad Administration NOTICES Safety advisories, bulletins, and directives: Safety in yards; behavior of employees on or about tracks and point protection, 2333-2334 E7-594 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 2282 E7-581 FTC Federal Trade Commission PROPOSED RULES Industry guides:
Guides concerning use of endorsements and testimonials in advertising; comment request, 2214-2217 07-197 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Marketable book-entry Treasury bills, notes, and bonds: Securities eligible for purchase in Legacy Treasury Direct, 2192-2193 07-209 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Recovery plans— Rio Grande silvery minnow, 2301-2302 E7-610 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 2338 Z6-21486 Meetings:
Sentinel Network to Promote Medical Product Safety, 2284-2285 07-141 Food Food Safety and Inspection Service NOTICES Meat and poultry inspection: Product labeling; definition of term natural; extension of comment period, 2257-2258 07-192 Forest Forest Service NOTICES Environmental statements; notice of intent: Lolo National Forest, MT, 2258-2260 07-158 Meetings: Black Hills National Forest Advisory Board, 2260-2261 07-157 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Organization, functions, and authority delegations:
Office of Assistant Secretary for Administration and Management, 2282-2283 07-155 Homeland Homeland Security Department PROPOSED RULES Privacy Act; systems of records, 2209-2211 07-191 NOTICES Privacy Act; systems of records, 2294-2298 07-190 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 2298-2301 E7-645 E7-649 E7-650 Grants and cooperative agreements; availability, etc.: Discretionary programs (SuperNOFA), 2396-2420 07-131 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service NOTICES Meetings:
Taxpayer Advocacy Panels, 2336 E7-587 E7-588 International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— Various countries, 2261 E7-657 Stainless steel wire rod from— Sweden, 2261-2262 E7-658 Wooden bedroom furniture from— China, 2262-2264 E7-643 Justice Justice Department See Justice Programs Office Justice Justice Programs Office RULES Grants: Correctional Facilities on Tribal Lands Program, 2186-2187 E7-619 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 2302-2306 07-164 07-166 07-167 Committees; establishment, renewal, termination, etc.:
Sonoran Desert National Monument Advisory Committee, 2306 E7-590 Meetings: Steens Mountain Advisory Council, 2306-2307 E7-652 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 2311-2313 07-199 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 2334-2335 E7-595 Minerals Minerals Management Service NOTICES Royalty management: Natural gas from Indian leases; valuation; major portion prices and due date for additional royalty payments, 2307-2308 E7-629 Mine Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 2310 E7-603 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Credit National Credit Union Administration NOTICES Meetings;
Sunshine Act, 2313 07-206 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 2286-2287 E7-625 Inventions, Government-owned; availability for licensing, 2287-2288 E7-626 Meetings: National Cancer Institute, 2288 07-178 National Heart, Lung, and Blood Institute, 2288-2289 07-176 National Human Genome Research Institute, 2289 07-170 National Institute of Allergy and Infectious Diseases, 2290-2291 07-172 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 2292 07-175 National Institute of Diabetes and Digestive and Kidney Diseases, 2290 07-171 National Institute of General Medical Sciences, 2289 07-168 National Institute of Neurological Disorders and Stroke, 07-173 2291-2292 07-174 07-177 Scientific Review Center, 2292-2294 07-169 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 2201-2202 07-179 Navy Navy Department PROPOSED RULES Acquisition regulations: Continuous process improvements, 2250-2251 E7-612 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: West Pharmaceutical Services, 2314-2315 E7-618 Meetings; Sunshine Act, 2315-2316 07-207 *Applications, hearings, determinations, etc.:* Diversified Scientific Services, Inc., 2313-2314 E7-617 Occupational Occupational Safety and Health Administration NOTICES Meetings:
Maritime Advisory Committee for Occupational Safety and Health, 2310-2311 E7-606 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office PROPOSED RULES Employment: Suitability; determinations, action procedures, Merit Systems Protection Board appeals, and savings provision, 2203-2209 E7-592 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:
Chicago Board Options Exchange, Inc., 2317-2319 E7-615 National Securities Clearing Corp., 2319-2320 E7-585 New York Stock Exchange LLC, 2320-2321 E7-616 NYSE Arca, Inc., 2322-2324 E7-614 Philadelphia Stock Exchange, Inc., 2324-2325 E7-586 SBA Small Business Administration NOTICES Meetings: Veterans Business Affairs Advisory Committee, 2325 E7-613 Social Social Security Administration RULES Social security benefits: Federal old age, survivors, and disability insurance— Primary insurance amounts;
Title II cost of living increases, 2185-2186 E7-620 State State Department NOTICES Darfur Peace and Accountability Act: Southern Sudan Security Sector Transformation Program; military assistance provision; secretarial determination, 2326 E7-630 Grants and cooperative agreements; availability, etc.: Turkish Student Teacher Internship Project, 2326-2332 E7-631 Trade Trade Representative, Office of United States NOTICES Trade Policy Staff Committee: 2005 WTO Ministerial decision on duty-free quota-free market access for the least developed countries; comment request, 2316-2317 07-198 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration Treasury Treasury Department See Fiscal Service See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 2335-2336 E7-639 Veterans Veterans Affairs Department NOTICES Meetings:
CARES Business Plan Studies Advisory Committee, 2336-2337 07-183 07-184 Homeless Veterans Advisory Committee, 2337 07-182 Minority Veterans Advisory Committee, 2337 07-181 National Research Advisory Council, 2337 07-180 Separate Parts In This Issue Part II Transportation Department, Federal Motor Carrier Safety Administration, 2340-2394 07-56 Part III Housing and Urban Development Department, 2396-2420 07-131 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 11 Thursday, January 18, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Docket No. AMS-TM-06-0223; TM-06-12] National Organic Program—Submission of Petitions of Substances for Inclusion on or Removal From the National List of Substances Allowed and Prohibited in Organic Production and Handling AGENCY:
Agricultural Marketing Service, USDA. ACTION: Notice of Guidelines on Procedures for Submitting National List Petitions. SUMMARY: This notice supersedes prior Department of Agriculture's
(USDA)National Organic Program's
(NOP)published guidelines used to submit petitions to amend the National List of Allowed and Prohibited Substances (National List). The National List identifies the synthetic substances that may be used and the non-synthetic substances that may not be used in organic production. The National List also identifies synthetic and non-synthetic substances that may be used in organic handling. This notice provides guidance on who may submit petitions, what substances may be petitioned and the information that is required to be included within a submitted petition. Additionally, this notice establishes new commercial availability evaluation criteria that will be applied during the petition review of non-organic agricultural substances for inclusion onto or removal from § 205.606 of the National List. DATES: *Effective Date:* These guidelines will be in effect on January 19, 2007. ADDRESSES: Petitions should be submitted in duplicate to: Program Manager, USDA/AMS/TM/NOP, Room 4008-So., Ag Stop 0268, 1400 Independence Ave., SW., Washington, DC 20250. Phone:
(202)720-3252. Fax:
(202)205-7808. To submit petitions electronically, contact the USDA NOP for additional instructions. FOR FURTHER INFORMATION CONTACT: National List Coordinator, National Organic Program, USDA/AMS/TM/NOP, Room 4008-So., Ag Stop 0268, 1400 Independence Ave., SW., Washington, DC 20250. Phone:
(202)720-3252. Fax:
(202)720-3252. SUPPLEMENTARY INFORMATION: Background The Organic Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501 *et seq.* ), authorizes the establishment of the NOP regulations including the National List of Allowed and Prohibited Substances (National List). This National List identifies the synthetic substances that may be used and the non-synthetic substances that may not be used in organic production, and also identifies synthetic and non-synthetic substances that may be used in organic handling. The OFPA and NOP regulations, in § 205.105, specifically prohibit the use of any synthetic substance for organic production and handling unless the synthetic substance is on the National List. Section 205.105 also requires that any non-organic, non-synthetic substance used in organic handling must also be on the National List. Since the NOP regulations became effective on October 21, 2002, the National List can only be amended through rulemaking by either the National List Petition Process or the National List Sunset Process. The guidelines contained in this notice apply only to the National List Petition Process. The ability for any person to petition to amend the National List is authorized by the OFPA (7 U.S.C. 6518(n)) and the NOP regulations, in § 205.607. This authorization provides that any person may petition the National Organic Standards Board
(NOSB)for the purpose of having a substance evaluated by the NOSB for recommendation to the Secretary for inclusion on or removal from the National List. The NOSB is authorized to review petitions under specified evaluation criteria in OFPA (7 U.S.C 6518(m)), and forward recommendations for amending the National List to the Secretary. Since the NOP regulations became effective in October 2002, several petitions to include synthetic or non-synthetic substances in their respective sections of the National List have been reviewed by the NOSB. However, only a few of these petitions were for inclusion of non-organic agricultural substances onto the National List in § 205.606. Until recently, some producers, handlers and certifiers may have misinterpreted § 205.606 to mean that any non-organic agricultural product which was determined by an accredited certifying agent to be not commercially available in organic form could be used in organic products, without being individually listed pursuant to the National List procedures. In January 2005, the First Circuit decision in *Harvey* v. *Johanns* held that such an interpretation is contrary to the plain meaning of the OFPA and ordered that 7 CFR 205.606 shall not be interpreted to create a blanket exemption to the National List requirements specified in §§ 6517 and 6518 of the OFPA (7 U.S.C. 6517-6518). Consistent with the district court's final judgment and order, dated June 9, 2005, on July 1, 2005, the NOP published a notice regarding § 205.606 (70 FR 38090), and on June 7, 2006, published a final rule revising § 205.606 to clarify that the section shall be interpreted to permit the use of a non-organically produced agricultural product only when the product has been listed in § 205.606 pursuant to National List procedures, and when an accredited certifying agent has determined that the organic form of the agricultural product is not commercially available (71 FR 32803). As a result, industry information provided to the NOP indicates that there may be many non-organic agricultural substances that are being used in organic products which will render currently certified products in non-compliance when the court final order and judgment on *Harvey* v. *Johanns* becomes fully effective on June 9, 2007. This **Federal Register** Notice, developed in collaboration with the NOSB and based on its October 2006 recommendation, modifies the information to be included in a petition to provide for the review of non-organic agricultural substances to be included onto § 205.606. This notice also clarifies the information to be submitted for all types of petitions submitted to amend the National List. Procedures for Submitting National List Petitions Any person may submit a petition requesting a substance to be reviewed by the NOP and NOSB at any time. Each substance to be evaluated for the National List must be submitted in a separate petition. Only single substances may be petitioned for evaluation; formulated products cannot appear on the National List. When submitting petitions, an official petition contact should be designated for all correspondence and the petition should provide specific contact information including name, address, phone number, fax number and e-mail address. To facilitate timely NOP review and NOSB consideration of petitions, petitioners must provide concise yet comprehensive responses to the required petition information items described under the guideline heading “Information to be included in a Petition.” Upon receipt, the NOP will review the petition for completeness of the required petition information. If the required petition information is incomplete, the petition will be returned to the petitioner with a request for additional information. Petitions for substance evaluations to add a substance onto, remove a substance from, or amend a substance presently on the National List involves a public and open process. Petition information not categorized and accepted by USDA, pursuant to 7 CFR 1.27(d), as Confidential Business Information
(CBI)will be considered available to the public for inspection. Published information usually cannot be claimed as confidential. When a petition is considered complete and forwarded for NOSB evaluation, except for CBI, the petition will be made available for public inspection. Substance petitions that are complete and under evaluation by the NOSB will be posted on the NOP Web site at: *http://www.ams.usda.gov/nop* . Public comments may be submitted to either the NOSB or the NOP for any petitioned substance being evaluated by the NOSB. Comments also will be posted on the NOP Web site. Overview of Petition Review by the NOSB For each completed petition, the responsible NOSB committee reviews petition information, technical reports and public comments, then develops the recommendation for full NOSB consideration at a scheduled public meeting. The NOSB determines when petitions will be reviewed at their public meetings and when recommendations are forwarded to the Secretary. As provided for in OFPA (7 U.S.C 6518(m)), when evaluating petitioned substances for amendment of the National List, the NOSB shall consider:
(1)The potential of such substances for detrimental chemical interactions with other materials used in organic farming systems;
(2)The toxicity and mode of action of the substance and of its breakdown products or any contaminants, and their persistence and areas of concentration in the environment;
(3)The probability of environmental contamination during manufacture, use, misuse or disposal of such substance;
(4)The effect of the substance on human health;
(5)The effects of the substance on biological and chemical interactions in the agroecosystem, including the physiological effects of the substance on soil organisms (including the salt index and solubility of the soil), crops and livestock;
(6)The alternatives to using the substance in terms of practices or other available materials; and
(7)Its compatibility with a system of sustainable agriculture. If an agricultural substance is petitioned for amendment onto § 205.606 of the National List, the NOSB shall verify that the material is agricultural. Once the substance is verified to be agricultural, the NOSB will determine if the substance is potentially commercially unavailable. The NOSB will consider:
(A)Why the substance should be permitted in the production or handling of an organic product;
(B)The current industry information regarding availability of and history of unavailability of an organic form in the appropriate form, quality, or quantity of the substance. Industry information includes, but is not limited to the following:
(1)Regions of production, including factors such as climate and number of regions;
(2)Number of suppliers and amount produced;
(3)Current and historical supplies related to weather events such as hurricanes, floods, and droughts that may temporarily halt production or destroy crops or supplies;
(4)Trade related issues such as evidence of hoarding, war, trade barriers, or civil unrest that may temporarily restrict supplies, and
(5)Other issues which may present a challenge to a consistent supply. After considering the petition at a scheduled public meeting, the NOSB will forward its recommendation to the Secretary. Upon receipt, the Secretary will evaluate the recommendation for inclusion onto or removal from the National List. Proposed amendments to the National List are published in the **Federal Register** as a Proposed Rule. After considering and responding to public comments on the proposed rule, amendments to the National List are effective only after publication in the **Federal Register** as a Final Rule. A substance that has been petitioned and recommended to be allowed for use by the NOSB is not allowed for use in organic production or handling until the final rule for amending the National List, if any, is effective. When a substance is added onto the National List, it will remain on the List for 5 years after final rule becomes effective. As required by the Sunset provision in OFPA (7 U.S.C 6517(e)), the NOSB must review substances added to the National List at least once every 5 years per the National List Sunset Process, to reaffirm or not reaffirm, the status of each substance on the National List. Petitions to reevaluate prior NOSB recommendations to include a substance onto or remove a substance from the National List will be considered by the NOSB when substantial new petition substance information is provided. Submitting Petitions for § 205.606 When submitting petitions to include a non-organic agricultural substance onto § 205.606, the petitioner must state in the petition justification statement, why the substance should be permitted in the production or handling of an organic product. Specifically, the petition must include current industry information on availability of, and history of unavailability of an organic form of the substance. When providing information on commercial availability of the organic form of an agricultural product, petitioners must be aware that the global market is the universe of supply; commercial availability is not dependent upon geographic location or local market conditions. For petitions to remove a non-organic agricultural substance from § 205.606, the petitioner must state why the substance should be prohibited from use in a non-organic form. Any information acquired since the original petition to add the substance to the National List should be provided. Information To Be Included in a Petition The guidelines for required information to be included in a petition are as follows: Item A—Please indicate which section or sections the petitioned substance will be included on and/or removed from the National List. • Synthetic substances allowed for use in organic crop production, § 205.601. • Non-synthetic substances prohibited for use in organic crop production, § 205.602. • Synthetic substances allowed for use in organic livestock production, § 205.603. • Non-synthetic substances prohibited for use in organic livestock production, § 205.604. • Non-agricultural (non-organic) substances allowed in or on processed products labeled as “organic” or “made with organic (specified ingredients),” § 205.605. • Non-organic agricultural substances allowed in or on processed products labeled as “organic,” § 205.606. Item B—Please provide concise and comprehensive responses in providing all of the following information items on the substance being petitioned: 1. The substance's chemical or material common name. 2. The manufacturer's or producer's name, address and telephone number and other contact information of the manufacturer/producer of the substance listed in the petition. 3. The intended or current use of the substance such as use as a pesticide, animal feed additive, processing aid, nonagricultural ingredient, sanitizer or disinfectant. If the substance is an agricultural ingredient, the petition must provide a list of the types of product(s) ( *e.g.* , cereals, salad dressings) for which the substance will be used and a description of the substance's function in the product(s) ( *e.g.,* ingredient, flavoring agent, emulsifier, processing aid). 4. A list of the crop, livestock or handling activities for which the substance will be used. If used for crops or livestock, the substance's rate and method of application must be described. If used for handling (including processing), the substance's mode of action must be described. 5. The source of the substance and a detailed description of its manufacturing or processing procedures from the basic component(s) to the final product. Petitioners with concerns for confidential business information may follow the guidelines in the Instructions for Submitting CBI listed in #13. 6. A summary of any available previous reviews by State or private certification programs or other organizations of the petitioned substance. If this information is not available, the petitioner should state so in the petition. 7. Information regarding EPA, FDA, and State regulatory authority registrations, including registration numbers. If this information does not exist, the petitioner should state so in the petition. 8. The Chemical Abstract Service
(CAS)number or other product numbers of the substance and labels of products that contains the petitioned substance. If the substance does not have an assigned product number, the petitioner should state so in the petition. 9. The substance's physical properties and chemical mode of action including
(a)Chemical interactions with other substances, especially substances used in organic production;
(b)toxicity and environmental persistence;
(c)environmental impacts from its use and/or manufacture;
(d)effects on human health; and,
(e)effects on soil organisms, crops, or livestock. 10. Safety information about the substance including a Material Safety Data Sheet
(MSDS)and a substance report from the National Institute of Environmental Health Studies. If this information does not exist, the petitioner should state so in the petition. 11. Research information about the substance which includes comprehensive substance research reviews and research bibliographies, including reviews and bibliographies which present contrasting positions to those presented by the petitioner in supporting the substance's inclusion on or removal from the National List. For petitions to include non-organic agricultural substances onto the National List, this information item should include research concerning why the substance should be permitted in the production or handling of an organic product, including the availability of organic alternatives. Commercial availability does not depend upon geographic location or local market conditions. If research information does not exist for the petitioned substance, the petitioner should state so in the petition. 12. A “Petition Justification Statement” which provides justification for any of the following actions requested in the petition: A. Inclusion of a Synthetic on the National List, §§ 205.601, 205.603, 205.605(b) • Explain why the synthetic substance is necessary for the production or handling of an organic product. • Describe any non-synthetic substances, synthetic substances on the National List or alternative cultural methods that could be used in place of the petitioned synthetic substance. • Describe the beneficial effects to the environment, human health, or farm ecosystem from use of the synthetic substance that support its use instead of the use of a non-synthetic substance or alternative cultural methods. B. Removal of a Synthetic From the National List, §§ 205.601, 205.603, 205.605(b) • Explain why the synthetic substance is no longer necessary or appropriate for the production or handling of an organic product. • Describe any non-synthetic substances, synthetic substances on the National List or alternative cultural methods that could be used in place of the petitioned synthetic substance. C. Inclusion of a Prohibition of a Non-Synthetic, §§ 205.602 and 205.604 • Explain why the non-synthetic substance should not be permitted in the production of an organic product. • Describe other non-synthetic substances or synthetic substances on the National List or alternative cultural methods that could be used in place of the petitioned substance. D. Removal of a Prohibited Non-Synthetic From the National List, §§ 205.602 and 205.604 • Explain why the non-synthetic substance should be permitted in the production of an organic product. • Describe the beneficial effects to the environment, human health, or farm ecosystem from use of the non-synthetic substance that supports its use instead of the use of other non-synthetic or synthetic substances on the National List or alternative cultural methods. E. Inclusion of a Non-Synthetic, Non-Agricultural Substance Onto the National List, § 205.605(a) • Explain why the substance is necessary for use in organic handling. • Describe non-synthetic or synthetic substances on the National List or alternative cultural methods that could be used in place of the petitioned synthetic substance. • Describe any beneficial effects on the environment, or human health from the use of the substance that support its use instead of the use of non-synthetic or synthetic substances on the National List or alternative cultural methods. F. Removal of a Non-Synthetic, Non-Agricultural Substance From the National List, § 205.605(a) • Explain why the substance is no longer necessary for use in organic handling. • Describe any non-synthetic or synthetic substances on the National List or alternative cultural methods that could be used in place of the petitioned substance. G. Inclusion of a Non-Organically Produced Agricultural Substance Onto the National List, § 205.606 • Provide a comparative description on why the non-organic form of the substance is necessary for use in organic handling. • Provide current and historical industry information/research/evidence that explains how or why the substance cannot be obtained organically in the *appropriate form, appropriate quality, and appropriate quantity* to fulfill an essential function in a system of organic handling. • Describe industry information on substance non-availability of organic sources including but not limited to the following guidance regarding commercial availability evaluation criteria:
(1)Regions of production, including factors such as climate and number of regions;
(2)Number of suppliers and amount produced;
(3)Current and historical supplies related to weather events such as hurricanes, floods, and droughts that may temporarily halt production or destroy crops or supplies;
(4)Trade related issues such as evidence of hoarding, war, trade barriers, or civil unrest that may temporarily restrict supplies, and
(5)Other issues which may present a challenge to a consistent supply. H. Removal of a Non-Organically Produced Agricultural Substance From the National List, § 205.606 • Provide a comparative description as to why the non-organic form of the substance is not necessary for use in organic handling. • Provide current and historical industry information/research/evidence that explains how or why the substance can be obtained organically in the *appropriate form, appropriate quality, and appropriate quantity* to fulfill an essential function in a system of organic handling. • Provide new industry information on substance availability of organic sources including but not limited to the following guidance commercial availability evaluation criteria:
(1)Region of production, including factors such as climate and number of regions;
(2)Number of suppliers and amount produced;
(3)Current and historical supplies related to weather events such as hurricanes, floods, or droughts that temporarily halt production or destroy crops or supplies;
(4)Trade related issues such as evidence of hoarding, war, trade barriers, and civil unrest that may temporarily restrict supplies and;
(5)Any other issues which may present a challenge to a consistent supply. 13. A Confidential Business Information Statement which describes the specific required information contained in the petition that is considered to be Confidential Business Information
(CBI)or confidential commercial information and the basis for that determination. Petitioners should limit their submission of confidential information to that needed to address the areas for which this notice requests information. Final determination regarding whether to afford CBI treatment to submitted petitions will be made by USDA pursuant to 7 CFR 1.27(d). Instructions for submitting CBI to the National List Petition process are presented in the instructions below:
(a)Financial or commercial information the petitioner does not want disclosed for competitive reasons may be claimed as CBI. Applicants must submit a written justification to support each claim.
(b)“Trade secrets” (information relating to the production process, such as formulas, processes, quality control tests and data, and research methodology) may be claimed as CBI. This information must be
(1)commercially valuable,
(2)used in the applicant's business, and
(3)maintained in secrecy.
(c)Each page containing CBI material must have “CBI Copy” marked in the upper right corner of the page. In the right margin, mark the CBI information with a bracket and “CBI.”
(d)The CBI-deleted copy should be a facsimile of the CBI copy, except for spaces occurring in the text where CBI has been deleted. Be sure that the CBI-deleted copy is paginated the same as the CBI copy (The CBI-deleted copy of the application should be made from the same copy of the application which originally contained CBI). Additional material (transitions, paraphrasing, or generic substitutions, etc.) should not be included in the CBI-deleted copy.
(e)Each page with CBI-deletions should be marked “CBI-deleted” at the upper right corner of the page. In the right margin, mark the place where the CBI material has been deleted with a bracket and “CBI-deleted.”
(f)If several pages are CBI-deleted, a single page designating the numbers of deleted pages may be substituted for blank pages. (For example, “pages 7 through 10 have been CBI-deleted.”)
(g)All published references that appear in the CBI copy should be included in the reference list of the CBI-deleted copy. Published information cannot be claimed as confidential.
(h)Final determination regarding whether to afford CBI treatment to submitted petitions will be made by USDA pursuant to 7 CFR 1.27(d). If a determination is made to deny CBI treatment, the petitioner will be afforded an opportunity to withdraw the submission. No additional collection or recordkeeping requirements are imposed on the public by this rule. Accordingly, OMB clearance is not required by § 305(h) of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, *et seq.* , or OMB's implementation regulation at 5 CFR, part 1320. Authority: 7 U.S.C. 6501-6522. Dated: January 10, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-596 Filed 1-17-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 980 [Docket No. FV06-980-1 FR] Vegetables, Import Regulations; Partial Exemption to the Minimum Grade Requirements for Fresh Tomatoes AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule provides a partial exemption to the minimum grade requirements under the tomato import regulation. The import regulation is authorized under section 8e of the Agricultural Marketing Agreement Act of 1937 (Act). Section 8e requires imported tomatoes to meet the same or comparable grade and size requirements as those in effect under Federal Marketing Order No. 966 (order). The order regulates the handling of tomatoes grown in Florida. A separate rule to amend the rules and regulations under the order to exempt UglyRipe TM (UglyRipe) tomatoes from the shape requirements associated with the U.S. No. 2 grade is being issued by Department of Agriculture (USDA). This rule provides the same partial exemption under the import regulation so it will conform to the regulations for Florida tomatoes under the order. DATES: *Effective Date:* This final rule becomes effective January 19, 2007. FOR FURTHER INFORMATION CONTACT: William Pimental or Christian Nissen, Southeast Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:
(863)324-3375, Fax:
(863)325-8793; or e-mail: *william.pimental@usda.gov* or *christian.nissen@usda.gov* . Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; telephone:
(202)720-2491, Fax:
(202)720-8938, or E-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This final rule is issued under section 8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act,” which provides that whenever certain specified commodities, including tomatoes, are regulated under a Federal marketing order, imports of these commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, or maturity requirements as those in effect for the domestically produced commodity. The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Order 12866. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures, which must be exhausted prior to any judicial challenge to the provisions of import regulations issued under section 8e of the Act. This final rule provides a partial exemption to the minimum grade requirements for UglyRipe tomatoes imported into the United States. The import requirements for tomatoes specify that tomatoes must meet at least a U.S. No. 2 grade. A final rule to amend the rules and regulations under the order to exempt UglyRipe tomatoes from the shape requirements associated with the U.S. No. 2 grade is being issued separately by USDA. This rule provides the same partial exemption under the import regulation so it conforms to the regulations for Florida tomatoes under the order. The order provides the authority for the establishment of grade requirements for Florida tomatoes. Section 966.323 of the order specifies, in part, the minimum grade requirements for tomatoes grown in Florida. The current minimum grade requirement for Florida tomatoes is a U.S. No. 2. The specifics of this grade requirement are listed under the U.S. Standards for Grades of Fresh Tomatoes (7 CFR 51.1855-51.1877). The U.S. Standards for Grades of Fresh Tomatoes (Standards) specify the criteria tomatoes must meet to grade as a U.S. No. 2, including that they must be reasonably well formed, and not more than slightly rough. These two factors relate specifically to the shape of the tomato. The definitions section of the Standards defines reasonably well formed as not decidedly kidney shaped, lopsided, elongated, angular, or otherwise decidedly deformed. The term slightly rough means that the tomato is not decidedly ridged or grooved. UglyRipe tomatoes are a trademarked tomato variety bred to look and taste like an heirloom-type tomato. One of the characteristics of this variety is its appearance. UglyRipe tomatoes are often shaped differently from other round tomatoes. Depending on the time of year and the weather, UglyRipe tomatoes are concave on the stem end with deep, ridged shoulders. They can also appear kidney shaped and lopsided. Because of this variance in shape and appearance, UglyRipe tomatoes can have difficulty meeting the shape requirements of the U.S. No. 2 grade. This rule provides UglyRipe tomatoes with a partial exemption from the grade requirements under the import regulation. UglyRipe tomatoes are only exempt from the shape requirements of the grade and are still required to meet all other aspects of the U.S. No. 2 grade. The UglyRipe tomato also continues to be required to meet all other requirements under the import regulation, such as size and inspection. Prior to the 1998-99 season, the Florida Tomato Committee (Committee), which locally administers the order, recommended that the minimum grade be increased from a U.S. No. 3 to a U.S. No. 2. A conforming change was also made to the import regulation. Some Committee members have stated that a large part of the volume of the standard commercial varieties of tomatoes which fail to make the grade are rejected because of their shape and appearance. Consequently, there was some industry concern that providing an exemption for the UglyRipe tomato could result in the shipment of U.S. No. 3 grade tomatoes of other varieties, contrary to the objectives of the exemption and the order. To address this concern, the producers of UglyRipe tomatoes pursued entry into USDA's Identity Preservation
(IP)program. This program was developed by the Agricultural Marketing Service to assist companies in marketing products having unique traits. The program provides independent, third-party verification of the segregation of a company's unique product at every stage, from seed, production and processing, to distribution. The UglyRipe tomato was granted positive program status in early 2006. This partial exemption only extends to UglyRipe tomatoes covered under the IP program. As such, this should help ensure that only UglyRipe tomatoes are shipped under the exemption. In addition, this exemption is contingent upon imported UglyRipe tomatoes continuing to meet the specific requirements related to imports established under the IP program. This final rule exempts imported UglyRipe tomatoes from the shape requirements associated with the U.S. No. 2 grade. This change increases the volume of UglyRipe tomatoes that will meet order requirements, and will help increase shipments and availability of these tomatoes. This rule brings the tomato import regulation into conformity with the changes to the domestic order making the import requirements correspond to the domestic requirements under the order by amending 7 CFR 980.212 of the import requirements. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. Import regulations issued under the Act are based on those established under Federal marketing orders. There are approximately 225 importers of tomatoes subject to the regulation. Small agricultural service firms, which include tomato importers, are defined by the Small Business Administration
(SBA)as those having annual receipts of less than $6,500,000 (13 CFR 121.201). Based on information from the Foreign Agricultural Service, USDA, the dollar value of imported tomatoes ranged from around $1.05 billion in 2003 to $1.08 billion in 2005. Using these numbers, the majority of tomato importers may be classified as small entities. Mexico, Canada, and the Netherlands are the major tomato producing countries exporting tomatoes to the United States. In 2005, shipments of tomatoes imported into the United States totaled 951,787 metric tons. Mexico accounted for 801,408 metric tons, 141,642 metric tons were imported from Canada, and 6,249 metric tons arrived from the Netherlands. This final rule provides a partial exemption to the minimum grade requirements for UglyRipe tomatoes imported into the United States. The import requirements for tomatoes specify that tomatoes must meet at least a U.S. No. 2 grade before they can be shipped and sold into the fresh market. A rule which amends the rules and regulations under the order to exempt UglyRipe tomatoes from the shape requirements associated with the U.S. No. 2 grade is being issued by USDA. Accordingly, under section 8e of the Act, imports of tomatoes have to meet the same or comparable grade, size, quality, and maturity requirements as the domestic product. This rule provides the same partial exemption for UglyRipe tomatoes under the import regulation so it conforms to the domestic regulation. This change would represent a small increase in costs for importers of UglyRipe tomatoes, primarily from costs associated with developing and maintaining an IP program. It is anticipated that these costs will be minimal. In addition, this rule makes additional volumes of UglyRipe tomatoes available for shipment. This should result in increased sales of UglyRipe tomatoes. Consequently, the benefits of this action should more than offset the associated costs. Section 8e of the Act provides that when certain domestically produced commodities, including tomatoes, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. Since a final rule is being initiated that provides a partial exemption to the minimum grade requirements under the domestic handling regulations, a corresponding change to the import regulations also needs to be accomplished. This final rule imposes no additional reporting or recordkeeping requirements beyond the IP program on either small or large tomato importers. Reports and forms required under the import regulations for tomatoes are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. The AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Additionally, except for applicable domestic regulations, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. Further, the public comment received concerning the proposal did not address the initial regulatory flexibility analysis. A proposed rule concerning this action was published in the **Federal Register** on June 29, 2006 (71 FR 37016). Copies of the rule were mailed or sent via facsimile to all Committee members and tomato importers. Finally, the rule was made available through the Internet by USDA and the Office of the Federal Register. A 60-day comment period ending August 28, 2006, was provided to allow interested persons to respond to the proposal. One comment was received during the comment period in response to the proposal. The commenter, in opposition of the proposed exemption, stated that this action presents too many opportunities for domestic and import growers to cheat and sell tomatoes of inferior quality. USDA does not believe this partial exemption will create such an opportunity. There are safeguards in place to help address this issue. In addition to the existing inspection requirements, and compliance efforts, this partial exemption only extends to UglyRipe tomatoes covered under the IP program. This program was developed by AMS and provides independent, third-party verification of the segregation of a company's product at every stage, from seed, production and processing, to distribution. This will help ensure that only UglyRipe tomatoes are shipped using this partial exemption, as only handlers covered under the IP program will be allowed to pack under the exemption. Further, USDA plans to closely monitor compliance with this exemption. Accordingly, no changes will be made to the rule as proposed, based on the comment received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. In accordance with section 8e of the Act, the United States Trade Representative has concurred with the issuance of this final rule. After consideration of all relevant matter presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. It is further found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** (5 U.S.C. 553) because the regulatory period will begin October 10, 2006. Also, a 60-day comment period was provided for in the proposed rule. List of Subjects in 7 CFR Part 980 Food grades and standards, Imports, Marketing agreements, Onions, Potatoes, Tomatoes. For the reasons set forth in the preamble, 7 CFR part 980 is amended as follows: PART 980—VEGETABLES; IMPORT REGULATIONS 1. The authority citation for 7 CFR part 980 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Amend § 980.212, by adding a sentence at the end of paragraph (b)(1) to read as follows: § 980.212 Import regulation; tomatoes.
(b)* * *
(1)* * * *Provided,* That UglyRipe TM tomatoes shall be graded and at least meet the requirements specified for U.S. No. 2 under the U.S. Standards for Grades of Fresh Tomatoes, except they are exempt from the requirements that they be reasonably well formed and not more than slightly rough, and *Provided,* Further that the UglyRipe TM tomatoes meet the requirements of the Identity Preservation program, Fresh Products Branch, Fruit and Vegetable Programs, AMS, USDA. Dated: January 11, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-593 Filed 1-17-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Docket No. AMS-FV-06-0183; FV06-989-2 FIR] Raisins Produced From Grapes Grown in California; Final Free and Reserve Percentages for 2005-06 Crop Natural (Sun-Dried) Seedless Raisins AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule that established final volume regulation percentages for 2005-06 crop Natural (sun-dried) Seedless
(NS)raisins covered under the Federal marketing order for California raisins (order). The order regulates the handling of raisins produced from grapes grown in California and is locally administered by the Raisin Administrative Committee (Committee). The volume regulation percentages are 82.50 percent free and 17.50 percent reserve. The percentages are intended to help stabilize raisin supplies and prices, and strengthen market conditions. DATES: *Effective Date:* February 20, 2007. The volume regulation percentages apply to acquisitions of NS raisins from the 2005-06 crop until the reserve raisins from that crop are disposed of under the marketing order. FOR FURTHER INFORMATION CONTACT: Rose M. Aguayo, Marketing Specialist, or Kurt Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; *Telephone:*
(559)487-5901; *Fax:*
(559)487-5906; or *E-mail: Rose.Aguayo@usda.gov* or *Kurt.Kimmel@usda.gov* . Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington DC 20250-0237; *Telephone:*
(202)720-2491; *Fax:*
(202)720-8938; or *E-mail: Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 989 (7 CFR part 989), both as amended, regulating the handling of raisins produced from grapes grown in California, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” USDA is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the order provisions now in effect, final free and reserve percentages may be established for raisins acquired by handlers during the crop year. This rule continues in effect the action that established final free and reserve percentages for NS raisins for the 2005-06 crop year, which began August 1, 2005, and ended July 31, 2006. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule continues in effect the action that established final volume regulation percentages for 2005-06 crop NS raisins covered under the order. The volume regulation percentages are 82.50 percent free and 17.50 percent reserve and were established through an interim final rule published on May 23, 2006 (71 FR 29567). Free tonnage raisins may be sold by handlers to any market. Reserve raisins must be held in a pool for the account of the Committee and are disposed of through various programs authorized under the order. For example, reserve raisins may be sold by the Committee to handlers for free use or to replace part of the free tonnage raisins they exported; used in diversion programs; carried over as a hedge against a short crop; or disposed of in other outlets not competitive with those for free tonnage raisins, such as government purchase, distilleries, or animal feed. The volume regulation percentages are intended to help stabilize raisin supplies and prices, and strengthen market conditions. The Committee unanimously recommended final percentages on January 26, 2006, and further justified its recommendation on March 16, 2006. Computation of Trade Demand Section 989.54 of the order prescribes procedures and time frames to be followed in establishing volume regulation. This includes methodology used to calculate percentages. Pursuant to § 989.54(a) of the order, the Committee met on August 15, 2005, to review shipment and inventory data, and other matters relating to the supplies of raisins of all varietal types. The Committee computed a trade demand for each varietal type for which a free tonnage percentage might be recommended. Trade demand is computed using a formula specified in the order and, for each varietal type, is equal to 90 percent of the prior year's shipments of free tonnage and reserve tonnage raisins sold for free use into all market outlets, adjusted by subtracting the carryin on August 1 of the current crop year, and adding the desirable carryout at the end of that crop year. As specified in § 989.154(a), the desirable carryout for NS raisins shall equal the total shipments of free tonnage during August and September for each of the past 5 crop years, converted to a natural condition basis, dropping the high and low figures, and dividing the remaining sum by three, or 60,000 natural condition tons, whichever is higher. For all other varietal types, the desirable carryout shall equal the total shipments of free tonnage during August, September and one-half of October for each of the past 5 crop years, converted to a natural condition basis, dropping the high and low figures, and dividing the remaining sum by three. In accordance with these provisions, the Committee computed and announced the 2005-06 trade demand for NS raisins at 232,985 tons as shown below. Computed Trade Demand [Natural condition tons] NS raisins Prior year's shipments 319,752 Multiplied by 90 percent 0.90 Equals adjusted base 287,777 Minus carryin inventory 114,792 Plus desirable caryout 60,000 Equals computed NS trade Demand 232,985 Computation of Preliminary Volume Regulation Percentages Section 989.54(b) of the order requires that the Committee announce, on or before October 5, preliminary crop estimates and determine whether volume regulation is warranted for the varietal types for which it computed a trade demand. That section allows the Committee to extend the October 5 date up to 5 business days if warranted by a late crop. The Committee met on October 4, 2005, and announced a preliminary crop estimate for NS raisins of 266,227 tons, which is about 19 percent lower than the 10-year average of 328,088 tons. NS raisins are the major varietal type of California raisin. Adding the carry in inventory of 114,792 tons, plus the 266,227-ton crop estimate resulted in a total available supply of 381,019 tons, which was significantly higher (164 percent) than the 232,985-ton trade demand. Thus, the Committee determined that volume regulation for NS raisins was warranted. The Committee announced preliminary free and reserve percentages for NS raisins, which released 85 percent of the computed trade demand since a minimum field price (price paid by handlers to producers for their free tonnage raisins) had been established. The preliminary percentages were 74 percent free and 26 percent reserve. In addition, preliminary percentages were announced for Dipped Seedless, Golden Seedless, Zante Currant, and Other Seedless raisins. It was ultimately determined that volume regulation was only warranted for NS raisins. As in past seasons, the Committee submitted its marketing policy to USDA for review. Computation of Final Volume Regulation Percentages Pursuant to § 989.54(c), at its January 26, 2006, meeting, the Committee announced interim percentages for NS raisins to release slightly less than the full trade demand. Based on a revised NS crop estimate of 283,000 tons (up from the October estimate of 266,227 tons), interim percentages for NS raisins were announced at 82.25 percent free and 17.75 percent reserve. Pursuant to § 989.54(d), the Committee also recommended final percentages at its January 26, 2006, meeting to release the full trade demand for NS raisins. Final percentages were recommended at 82.50 percent free and 17.50 percent reserve. The Committee's calculations and determinations to arrive at final percentages for NS raisins are shown in the table below: Final Volume Regulation Percentages [Natural condition tons] NS raisins Trade demand 232,985 Divided by crop estimate 283,000 Equals the free percentage 82.30 100 minus free percentage equals the reserve percentage 17.70 * * * The Committee recommended rounding the free percentage to 82.50 percent and reducing the reserve percentage to 17.50 percent to compensate for the higher than normal processing shrinkage being experienced by handlers with the 2005 NS crop. By the week ending February 11, 2006, data showed that deliveries of NS raisins exceeded the Committee's crop estimate of 283,000 tons. By that date, deliveries of NS raisins totaled 285,052 tons. Thus, at USDA's request, the Committee met again on March 16, 2006, and reviewed the current available data and the computations used in arriving at the recommended final percentages. At the March meeting, the Committee continued to support a crop estimate of 283,000 tons, because of the higher than normal processing shrinkage being experienced with the 2005 NS raisin crop. With a lower crop estimate, more free tonnage raisins would be made available to handlers for free tonnage use, but due to the above normal processing shrinkage the Committee expected supplies to be in balance with market needs. By the end of the crop year, July 31, 2006, final deliveries of NS raisins totaled 319,126 tons. Thus, the Committee's recommendation provided handlers with an additional 30,294 tons over the computed trade demand, but the additional tonnage did not appear to impact marketing conditions. In addition, USDA's “Guidelines for Fruit, Vegetable, and Specialty Crop Marketing Orders” (Guidelines) specify that 110 percent of recent years' sales should be made available to primary markets each season for marketing orders utilizing reserve pool authority. This goal was met for NS raisins by the establishment of final percentages, which released 100 percent of the trade demand and the offer of additional reserve raisins for sale to handlers under the “10 plus 10 offers.” As specified in § 989.54(g), the 10 plus 10 offers are two offers of reserve pool raisins which are made available to handlers during each season. For each such offer, a quantity of reserve raisins equal to 10 percent of the prior year's shipments is made available for free use. Handlers may sell their 10 plus 10 raisins to any market. For NS raisins, the first 10 plus 10 offer was made in February 2006, and the second offer was made in July 2006. A total of 63,950 tons was made available to raisin handlers through these offers, and 31,975 tons were purchased by and released to handlers during the 2005-06 crop year. Adding the 31,975 tons of 10 plus 10 raisins to the 232,985 ton trade demand, plus the 30,294 tons of additional raisins released to handlers through use of the 283,000 ton crop estimate to compute final percentages, plus 114,792 tons of carry-in inventory equates to 410,046 tons of natural condition raisins, or 385,275 tons of packed raisins, that were available to handlers for shipment to free or primary markets. This is about 128 percent of the quantity of NS raisins shipped during the 2004-05 crop year (319,752 natural condition tons or 300,435 packed tons). In addition to the 10 plus 10 offers, § 989.67(j) of the order provides authority for sales of reserve raisins to handlers under certain conditions such as a national emergency, crop failure, change in economic or marketing conditions, or if free tonnage shipments in the current crop year exceed shipments of a comparable period of the prior crop year. Such reserve raisins may be sold by handlers to any market. When implemented, the additional offers of reserve raisins make even more raisins available to primary markets, which is consistent with USDA's Guidelines. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 20 handlers of California raisins who are subject to regulation under the order and approximately 4,500 raisin producers in the regulated area. Small agricultural firms are defined by the Small Business Administration
(SBA)(13 CFR 121.201) as those having annual receipts of less that $6,500,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. Eleven of the 20 handlers subject to regulation have annual sales estimated to be at least $6,500,000, and the remaining 9 handlers have sales less than $6,500,000. No more than 9 handlers and a majority of producers of California raisins may be classified as small entities. Since 1949, the California raisin industry has operated under a Federal marketing order. The order contains authority to, among other things, limit the portion of a given year's crop that can be marketed freely in any outlet by raisin handlers. This volume control mechanism is used to stabilize supplies and prices and strengthen market conditions. If the primary market (the normal domestic market) is over-supplied with raisins, grower prices decline substantially. Pursuant to § 989.54(d) of the order, this rule continues in effect the action that established final volume regulation percentages for 2005-06 crop NS raisins. The volume regulation percentages are 82.50 percent free and 17.50 percent reserve. Free tonnage raisins may be sold by handlers to any market. Reserve raisins must be held in a pool for the account of the Committee and are disposed of through certain programs authorized under the order. Volume regulation was warranted for the 2005-06 season because acquisitions of 319,126 tons through July 31, 2006, combined with the carryin inventory of 114,792 tons resulted in a total available supply of 433,918 tons, which was about 86 percent higher than the 232,985 ton trade demand. The current volume regulation procedures have helped the industry address its marketing problems by keeping supplies in balance with domestic and export market needs, and strengthening market conditions. The current volume regulation procedures fully supply the domestic and export markets, provide for market expansion, and help reduce the burden of oversupplies in the domestic market. Raisin grapes are a perennial crop, so production in any year is dependent upon plantings made in earlier years. The sun-drying method of producing raisins involves considerable risk because of variable weather patterns. Even though the product and the industry are viewed as mature, the industry has experienced considerable change over the last several decades. Before the 1975-76 crop year, more than 50 percent of the raisins were packed and sold directly to consumers. Now, about 65 percent of raisins are sold in bulk. This means that raisins are now sold to consumers mostly as an ingredient in another product such as cereal and baked goods. In addition, for a few years in the early 1970's, over 50 percent of the raisin grapes were sold to the wine market for crushing. Since then, the percent of raisin-variety grapes sold to the wine industry has decreased. California's grapes are classified into three groups—table grapes, wine grapes, and raisin-variety grapes. Raisin-variety grapes are the most versatile of the three types. They can be marketed as fresh grapes, crushed for juice in the production of wine or juice concentrate, or dried into raisins. Annual fluctuations in the fresh grape, wine, and concentrate markets, as well as weather-related factors, cause fluctuations in raisin supply. This type of situation introduces a certain amount of variability into the raisin market. Although the size of the crop for raisin-variety grapes may be known, the amount dried for raisins depends on the demand for crushing. This makes the marketing of raisins a more difficult task. These supply fluctuations can result in producer price instability and disorderly market conditions. Volume regulation is helpful to the raisin industry because it lessens the impact of such fluctuations and contributes to orderly marketing. For example, producer prices for NS raisins remained fairly steady between the 1993-94 through the 1997-98 seasons, although production varied. As shown in the table below, during those years, production varied from a low of 272,063 tons in 1996-97 to a high of 387,007 tons in 1993-94. According to Committee data, the total producer return per ton during those years, which includes proceeds from both free tonnage plus reserve pool raisins, varied from a low of $904.60 in 1993-94 to a high of $1,049 in 1996-97. Total producer prices for the 1998-99 and 1999-2000 seasons increased significantly due to back-to-back short crops during those years. Producer prices dropped dramatically for the 2000-01, 2001-02, and 2002-03 crop years due to record-size production, large carry-in inventories, and stagnant demand. However, producer prices increased slightly with a shorter crop in 2003-04 and rebounded to pre-1998-99 prices during the 2004-05 and 2005-06 crop years as noted below: Natural Seedless Producer Prices Crop year Deliveries (natural condition tons) Producer Prices (per ton) 2005-06 319,126 1 $1210.00 2004-05 265,262 2 1210.00 2003-04 296,864 1 567.00 2002-03 388,010 1 491.20 2001-02 377,328 650.94 2000-01 432,616 603.36 1999-2000 299,910 1,211.25 1998-99 240,469 2 1,290.00 1997-98 382,448 946.52 1996-97 272,063 1,049.20 1995-96 325,911 1,007.19 1994-95 378,427 928.27 1993-94 387,007 904.60 1 Return-to-date, reserve pool still open. 2 No volume regulation. There are essentially two broad markets for raisins—domestic and export. Excluding the 2005-06 crop year, both domestic and export shipments have been increasing in recent years. Domestic shipments decreased from a high of 204,805 packed tons during the 1990-91 crop year to a low of 156,325 packed tons in 1999-2000. Since that time domestic shipments steadily increased from 174,117 packed tons during the 2000-01 crop year to 193,680 packed tons during the 2004-05 crop year, but fell to 186,358 packed tons in 2005-06. In addition, exports decreased from 114,576 packed tons in 1991-92 to a low of 91,600 packed tons in the 1999-2000 crop year. Export shipments increased from 101,537 tons during the 2002-03 crop year to 106,755 tons of raisins during the 2004-05 crop year, but fell to 97,672 packed tons in 2005-06. Moreover, the U.S. per capita consumption of raisins has declined from 2.09 pounds in 1988 to 1.46 pounds in 2004. This decrease is consistent with the decrease in the per capita consumption of dried fruits in general, which is due to the increasing availability of most types of fresh fruit throughout the year. While the overall demand for raisins has increased in two out of the last three years (as reflected in increased commercial shipments), production has been decreasing. Deliveries of NS dried raisins from producers to handlers reached an all-time high of 432,616 tons in the 2000-01 crop year. This large crop was preceded by two short crop years; deliveries were 240,469 tons in 1998-99 and 299,910 tons in 1999-2000. Deliveries for the 2000-01 crop year soared to a record level because of increased bearing acreage and yields. Deliveries for the 2001-02 crop year were at 377,328 tons, 388,010 tons for the 2002-03 crop year, 296,864 for the 2003-04 crop year and 265,262 tons for the 2004-05 crop year. After three crop years of high production and a large 2001-02 carryin inventory, the industry diverted raisins or removed 41,000 acres in 2001; 27,000 acres in 2002; and 15,000 acres of vines in 2003 to reduce the industry's burdensome supply of raisins. These actions resulted in declining deliveries of 296,865 tons for the 2003-04 crop year and 265,262 tons for the 2004-05 crop year. Deliveries increased in 2005-06 to 319,126 tons. The order permits the industry to exercise supply control provisions, which allow for the establishment of free and reserve percentages, and establishment of a reserve pool. One of the primary purposes of establishing free and reserve percentages is to equilibrate supply and demand. If raisin markets are over-supplied with product, producer prices will decline. Raisins are generally marketed at relatively lower price levels in the more elastic export market than in the more inelastic domestic market. This results in a larger volume of raisins being marketed and enhances producer returns. In addition, this system allows the U.S. raisin industry to be more competitive in export markets. The reserve percentage limits what handlers can market as free tonnage. Data available as of July 31, 2006, showed that deliveries of NS raisins were at 319,126 tons. The 17.50 percent reserve limited the total free tonnage to 263,279 natural condition tons (.8250 x the 319,126 ton crop). Adding 263,279 ton figure with the carryin of 114,792 tons, plus the 31,975 tons of reserve raisins that were purchased by and released to handlers during the 2005-06 crop year under the 10 plus 10 offers, made the total free supply equal to 410,046 natural condition tons. To assess the impact that volume control has on the prices growers receive for their product, a price dependent econometric model was estimated. This model is used to estimate grower prices both with and without the use of volume control. The volume control used by the raisin industry will result in decreased shipments to primary markets. Without volume control the primary market (domestic) could be over-supplied resulting in lower grower prices and the build-up of unwanted inventories. The econometric model is used to estimate the difference between grower prices with and without restrictions. With volume controls, grower prices are estimated to be approximately $40 per ton higher than without volume controls. This price increase is beneficial to all producers regardless of size and enhances producers' total revenues in comparison to no volume control. Establishing a reserve allows the industry to help stabilize supplies in both domestic and export markets, while improving returns to producers. Free and reserve percentages are established by varietal type, and usually in years when the supply exceeds the trade demand by a large enough margin that the Committee believes volume regulation is necessary to maintain market stability. Accordingly, in assessing whether to apply volume regulation or, as an alternative, not to apply such regulation, it was determined that volume regulation was warranted for the 2005-06 season for only one of the nine raisin varietal types defined under the order. The free and reserve percentages continued in effect the release of the full trade demand and apply uniformly to all handlers in the industry, regardless of size. For NS raisins, with the exception of the 1998-99 and 2004-05 crop years, small and large raisin producers and handlers have been operating under volume regulation percentages every year since 1983-84. There are no known additional costs incurred by small handlers that are not incurred by large handlers. While the level of benefits of this rulemaking are difficult to quantify, the stabilizing effects of the volume regulations impact small and large handlers positively by helping them maintain and expand markets even though raisin supplies fluctuate widely from season to season. Likewise, price stability positively impacts small and large producers by allowing them to better anticipate the revenues their raisins will generate. The AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. There are some reporting, recordkeeping and other compliance requirements under the order. The reporting and recordkeeping burdens are necessary for compliance purposes and for developing statistical data for maintenance of the program. The requirements are the same as those applied in past seasons. Thus, this action imposes no additional reporting or recordkeeping requirements on either small or large raisin handlers. The forms require information which is readily available from handler records and which can be provided without data processing equipment or trained statistical staff. The information collection and recordkeeping requirements have been previously approved by the Office of Management and Budget
(OMB)under OMB Control No. 0581-0178. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, as noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee's meetings were widely publicized throughout the raisin industry and all interested persons were invited to attend the meetings and participate in the Committee's deliberations. Like all Committee meetings, the August 15, 2005, October 4, 2005, January 26, 2006, and March 16, 2006, meetings were public meetings and all entities, both large and small, were able to express their views on this issue. Also, the Committee has a number of appointed subcommittees to review certain issues and make recommendations to the Committee. The Committee's Reserve Sales and Marketing Subcommittee met on August 15, 2005, October 4, 2005, January 26, 2006, and March 16, 2006, and discussed these issues in detail. Those meetings were also public meetings and both large and small entities were able to participate and express their views. An interim final rule concerning this action was published in the **Federal Register** on May 23, 2006 (71 FR 29567). Copies of the rule were mailed to all Committee members and alternates, the Raisin Bargaining Association, handlers, and dehydrators. In addition, the rule was made available through the Internet by the Office of the Federal Register and USDA. That rule provided for a 60-day comment period that ended on July 24, 2006. No comments were received. However, the interim final rule identified the effective date as August 1, 2005, through July 3, 2006. This final rule clarifies that the effective date of the volume percentages for the 2005-06 NS raisins is simply August 1, 2005, and the percentages apply to all raisins acquired during the 2005-06 crop year and continue in effect until all 2005-06 reserve raisins are disposed of under the order. Accordingly, § 989.258 will appear in the Code of Federal Regulations. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html* . Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the Committee's recommendation, and other information, it is found that finalizing the interim final rule, without change, as published in the **Federal Register** (71 FR 29567, May 23, 2006) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 989 Grapes, Marketing agreements, Raisins, Reporting and recordkeeping requirements. PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA Accordingly, the interim final rule amending 7 CFR part 989 which was published at 71 FR 29567 on May 23, 2006, is adopted as a final rule without change. Dated: January 12, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-623 Filed 1-17-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25584; Directorate Identifier 2000-NE-62-AD; Amendment 39-14733; AD 2006-17-12] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce plc RB211 Series Turbofan Engines; Correction. AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; correction. SUMMARY: This document makes corrections to Airworthiness Directive
(AD)2006-17-12. That AD applies to Rolls-Royce plc RB211 series turbofan engines. We published AD 2006-17-12 in the **Federal Register** on August 23, 2006 (71 FR 49339). An incorrect engine model number exists in the applicability paragraph and in the title of Table 5. Also, an incorrect serial number appears in Table 1. This document corrects these numbers. In all other respects, the original document remains the same. DATES: *Effective Date:* Effective January 18, 2007. FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA, 01803; telephone
(781)238-7178; fax
(781)238-7199. SUPPLEMENTARY INFORMATION: A final rule AD, FR Doc. E6-13910, that applies to Rolls-Royce plc RB211 series turbofan engines was published in the **Federal Register** on August 23, 2006 (71 FR 49339). The following corrections are needed: § 39.13 [Corrected] On page 49340, in the third column, in applicability paragraph (c), in the fourth line, “RB211-535E4-C” is corrected to read “RB211-535E4-C-37”. Also, on page 49341, in Table 1, in the fourth column, in the last line, “WGQDY90005” is corrected to read “WGQDY0005”. Also, on page 49342, in the first column, in the Table 5 title, “RB211-02” is corrected to read “RB211-22B-02”. Issued in Burlington, MA, on January 10, 2007. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-497 Filed 1-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-26855; Directorate Identifier 2006-NM-264-AD; Amendment 39-14888; AD 2007-02-01] RIN 2120-AA64 Airworthiness Directives; Dassault Model F2000EX Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as incorrect monitoring of the fire detection system; therefore, its integrity is not guaranteed at all times. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective February 2, 2007. The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of February 2, 2007. We must receive comments on this AD by March 19, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Fax:*
(202)493-2251. • *Mail:* Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Federal Rulemaking Portal:* *http://www.regulations.gov* . Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1137; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the member states of the European Community, has issued Emergency Airworthiness Directive 2006-0356-E, dated November 30, 2006 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states that troubleshooting of a “ENG 1 FIRE DETECT FAIL” CAS (crew alerting system) message that occurred on an in-service aircraft revealed that the detector threshold tolerances could not identify a single failure of one engine fire detector loop out of the two present on each engine. The fire detection system is therefore not correctly monitored, and its integrity is not guaranteed at all times. The goal of the MCAI is to verify the fire detection system integrity by mandating a one-time inspection and, in case of findings, to replace the faulty detector pending further modification of the monitoring system. The MCAI will be revised/superseded once the terminating corrective action for the monitoring function has been approved. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Dassault has issued Service Bulletin F2000EX-137, Revision 1, dated December 7, 2006. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all the information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over the actions copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because incorrect fire detector threshold tolerance could lead to undetected failure of the fire detectors. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-26855; Directorate Identifier 2006-NM-264-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD would not have federalism implications under Executive Order 13132. This AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-02-01 Dassault Aviation:** Amendment 39-14888. Docket No. FAA-2007-26855; Directorate Identifier 2006-NM-264-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective February 2, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Dassault Model Falcon 2000EX airplanes; s/n (serial number) 06, s/n 28 through 90, s/n 93, and s/n 95; certificated in any category. Reason
(d)The MCAI states that troubleshooting of a “ENG 1 FIRE DETECT FAIL” CAS (crew alerting system) message that occurred on an in-service aircraft revealed that the detector threshold tolerances could not identify a single failure of one engine fire detector loop out of the two present on each engine. The fire detection system is therefore not correctly monitored, and its integrity is not guaranteed at all times. The goal of the MCAI is to verify the fire detection system integrity by mandating a one-time inspection and, in case of findings, to replace the faulty detector pending further modification of the monitoring system. The MCAI will be revised/superseded once the terminating corrective action for the monitoring function has been approved. Actions and Compliance
(e)Unless already done, do the following actions. Within 35 days after the effective date of this AD, perform an engine fire detection integrity check as required by paragraphs (e)(1), (e)(2), and (e)(3) of this AD in accordance with Dassault Service Bulletin F2000EX-137, Revision 1, dated December 7, 2006.
(1)First, in the baggage compartment, on each mobile connector of the monitoring units (L320WG) and (R320WG), the equivalent resistance of the two engine detectors at the LH (left-hand) and the RH (right-hand) sides must be verified. According to findings, the corresponding system is either considered correct or incorrect.
(2)As a second step, if either one or both the LH and the RH system is
(are)found to be incorrect, it is required to check the actual resistance of both detectors of the incorrect system(s) on the affected engine(s).
(3)Any faulty detector must be replaced prior to further flight.
(4)Actions done before the effective date of this AD in accordance with Dassault Service Bulletin F2000EX-137, dated November 23, 2006, are acceptable for compliance with the requirements of paragraph
(e)of this AD. Other FAA AD Provisions
(f)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, ATTN: Tom Rodriguez, 1601 Lind Avenue, SW., Renton, Washington 98057-3356, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(g)Refer to MCAI European Aviation Safety Agency
(EASA)Emergency Airworthiness Directive 2006-0356-E, dated November 30, 2006; and Dassault Service Bulletin F2000EX-137, dated November 23, 2006; or Revision 1, dated December 7, 2006; for related information. Material Incorporated by Reference
(h)You must use Dassault Service Bulletin F2000EX-137, Revision 1, dated December 7, 2006, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Issued in Renton, Washington, on January 5, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-490 Filed 1-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25947; Airspace Docket No. 06-AAL-31] Revision of Class D/E Airspace; Big Delta, Allen Army Airfield, Fort Greely, AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class D and E airspace at Allen Army Airfield (AAF), AK. The United States Army has decided to staff the Allen AAF air traffic control tower
(ATCT)part time. The Class D and E airspace is being revised in order to align Class D airspace effective times to match ATCT hours of operation. The current title of the airspace described in FAA Order 7400.9P is also changing to reflect current guidance in FAA Order 7400.2E. This rule results in the revision of Class D and E airspace at Allen AAF, Delta Junction, AK. DATES: *Effective Date:* 0901 UTC, March 15, 2007. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number
(907)271-5898; fax:
(907)271-2850; e-mail: *gary.ctr.rolf@faa.gov.* Internet address: *http://www.alaska.faa.gov/at.* SUPPLEMENTARY INFORMATION: History On Tuesday, October 31, 2006, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise Class D and E airspace at Allen AAF, AK (71 FR 63725). The action was proposed in order to align the Class D and E airspace with Allen AAF tower's operating hours. The Army does not need to operate the control tower 24 hours per day. Class D airspace is only in effect when a tower is open. When the tower is not open, the airspace reverts to Class E. Additionally, the title of each airspace description in FAA Order 7400.9P associated with Allen AAF is being updated. In this case, the town of Delta Junction (which is closer to Allen AAF) is now referenced instead of Big Delta. The airspace changes meet the instrument procedure and tower operational hour needs at Allen AAF, AK. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No public comments have been received; thus the rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The airspace area designated as Class D is published in paragraph 5000 of FAA order 7400.9P, *Airspace Designations and Reporting Points,* dated September 1, 2006 and effective September 15, 2006 which is incorporated by reference in 14 CFR 71.1. The Class E airspace areas designated as surface areas are published in paragraph 6002 and 6004 of FAA Order 7400.9P, *Airspace Designations and Reporting Points,* dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class E airspace areas designated as 700/1200 foot transition areas are published in paragraph 6005 of FAA Order 7400.9P, *Airspace Designations and reporting points,* dated September 1, 2006 and effective September 15, 2006 which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations listed in this document will be revised subsequently in the Order. The Rule This amendment to 14 CFR part 71 revises Class D and E airspace at Allen AAF, Alaska. This Class D and E airspace is revised to accommodate new tower operating hours, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for IFR operations at Allen AAF, Delta Junction, Alaska. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart 1, section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class D and E airspace sufficient in size to contain aircraft executing instrument procedures for Allen AAF and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71— DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, *Airspace Designations and Reporting Points,* dated September 1, 2006, and effective September 15, 2006, is amended as follows: Paragraph 5000 General. AAL AK D Delta Junction, AK [Revised] Allen AAF, AK (Lat. 63°59′40″ N., long. 145°43′18″ W.) Big Delta VORTAC (Lat. 64°00′16″ N., long. 145°43′02″ W.) Delta Junction Airport (D66), AK (Lat. 64°03′02″ N., long. 145°43′02″ W.) That airspace extending upward from the surface to and including 3,800 feet MSL within a 6.3-mile radius from Allen AAF; excluding the portion within the boundary of restricted areas R2202A and R2202C, and excluding that airspace below 700 feet above the surface contained within an area from an East/West line 1/2 -mile south of the Delta Junction Airport (D66), extending from 1 mile east of the Richardson Highway to 1 mile west of the Delta River, thence northwest and parallel to the Richardson Highway and the Delta River, to the 6.3-mile radius from Allen AAF. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6000 General. AAL AK E2 Delta Junction, AK [Revised] Allen AAF, AK (Lat. 63°59′40″ N., long. 145°43′18″ W.) Within an area from an East/West line 1/2 -mile south of the Delta Junction Airport (D66), extending from 1 mile east of the Richardson Highway to 1 mile west of the Delta River, thence northwest and parallel to the Richardson Highway and the Delta River, to the 6.3-mile radius from Allen AAF. This Class E2 airspace area is effective only when Class D airspace is activated. Paragraph 6004 Class E Airspace Areas Designated as an Extension to a Class D Surface Area. AAL AK E4 Delta Junction, AK [Revised] Allen AAF, AK (Lat. 63°59′40″ N., long. 145°43′18″ W.) Big Delta VORTAC (Lat. 64°00′16″ N., long. 145°43′02″ W.) The airspace extending upward from the surface within 3 miles north and 2.6 miles south of the 039° radial of the Big Delta VORTAC extending from the 6.3-mile radius from Allen AAF to 10.3 miles northeast of Allen AAF. Paragraph 6005 Class D Airspace Extending Upward from 700 feet or More Above the Surface of the Earth. AAL AK E5 Delta Junction, AK [Revised] Allen AAF, AK (Lat. 63°59′40″ N., long. 145°43′18″ W.) Big Delta VORTAC (Lat. 64°00′16″ N., long. 145°43′02″ W.) That airspace extending upward from 700 feet above the surface within an 8.6-mile radius of Allen AAF, and within 3 miles north and 2.6 miles south of the 039° radial of the Big Delta VORTAC extending from the 8.6-mile radius from Allen AAF, to 10.3 miles northeast of Allen AAF; excluding the portion within restricted areas 2202A and R2202C. Issued in Anchorage, AK, on January 10, 2006. Anthony M. Wylie, Manager, Alaska Flight Service Information Area Group. [FR Doc. E7-597 Filed 1-17-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25943; Airspace Docket No. 06-ACE-13] Modification of Class E Airspace; Phillipsburg, KS AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by modifying the Class E airspace area at Phillipsburg Municipal Airport, KS. An examination of controlled airspace for Phillipsburg, KS revealed discrepancies in the legal description for the Class E airspace area. The intended effect of this rule is to provide controlled airspace of appropriate dimensions to protect aircraft executing Standard Instrument Approach Procedures
(SIAP)to Phillipsburg Municipal Airport, KS. DATES: This direct final rule is effective on 0901 UTC, May 10, 2007. Comments for inclusion in the Rules Docket must be received on or before February 1, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, NW., Washington, DC 20590-0001. You must identify the docket number FAA-2006-25943/Airspace Docket No. 06-ACE-13, at the beginning of your comments. You may also submit comments on the Internet at *http://dms.dot.gov* . You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. FOR FURTHER INFORMATION CONTACT: Grant Nichols, System Support, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:
(816)329-2522 SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the Class E airspace area extending upward from 700 feet AGL
(ES)at Phillipsburg Municipal Airport, KS. The radius of the Class E Airspace area extending upward from 700 feet above the surface of the earth is expanded from within a 6.5-mile radius to within a 7.6-mile radius of the airport. This modification brings the legal description of the Phillipsburg Municipal Airport, KS Class E5 airspace area into compliance with FAA Orders 7400.2F and 8260.19C. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in Paragraph 6005 of FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document would be published subsequently in the Order. The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objections. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the date on which the final rule will become effective. If the FAA does receive, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Interested parties are invited to participate in this rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Comments wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2006-25943/Airspace Docket No. 06-ACE-13”. The postcard will be date/time stamped and returned to the commenter. Agency Findings The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that this regulation
(1)is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under Department of Transportation
(DOT)Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)if promulgated, 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority since it contains aircraft executing instrument approach procedures to Phillipsburg Municipal Airport, KS. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the amendment. Accordingly, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, dated September 1, 2006, and effective September 15, 2006, is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ACE KS E5 Phillipsburg, KS Phillipsburg Municipal Airport, KS (Lat. 39°44′09″ N., long. 99°19′02″ W.) Phillipsburg NDB (Lat. 39°42′22″ N., long. 99°17′17″ W.) That airspace extending upward from 700 feet above the surface within a 7.6-mile radius of Phillipsburg Municipal Airport and within 2.6 miles each side of the 143° bearing from the Phillipsburg NDB extending from the 7.6-mile radius to 7 miles southeast of the NDB. Issued in Fort Worth, TX, on December 26, 2006. Donald R. Smith, Manager, System Support Group, ATO Central Service Area. [FR Doc. 07-150 Filed 1-17-07; 8:45 am]
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U.S. Code
13 references not yet in our index
- 7 CFR 205
- 7 CFR 205.606
- 7 USC 6517-6518
- 7 CFR 1.27(d)
- 7 USC 6501-6522
- 7 CFR 980
- 7 USC 601-674
- 7 CFR 51.1855-51
- 7 CFR 980.212
- 7 CFR 989
- 14 CFR 39
- 1 CFR 51
- 14 CFR 71
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Notice of Guidelines on Procedures for Submitting National List Petitions
Cite7 CFR 205
Cite7 CFR 205.606
Cite7 USC 6517-6518
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