Proposed Rules. Petition for rulemaking; reopening of public comment period

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BILLING CODE 3510-22-S 72 12 Friday, January 19, 2007 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Part 51 [Docket No. PRM-51-10] Massachusetts Attorney General; Receipt of Petition for Rulemaking; Reopening of Public Comment Period AGENCY: Nuclear Regulatory Commission. ACTION: Petition for rulemaking; reopening of public comment period. SUMMARY: On November 1, 2006 (71 FR 64169), the Nuclear Regulatory Commission

(NRC)published for public comment a notice of receipt of a petition for rulemaking, dated August 25, 2006, which was filed with the Commission by Diane Curran on behalf of the Massachusetts Attorney General. The petition was docketed by the NRC on September 19, 2006, and has been assigned Docket No. PRM-51-10. On December 15, 2006, several external stakeholder groups requested a 60 day extension of the public comment period owing to the importance of the rulemaking, the voluminous technical documents that require careful review, and the occurrence of major national events (elections) and holidays (Thanksgiving, Christmas, Hanukkah, and New Years celebrations) during the comment period which limits the time available for stakeholders to comment. The NRC is reopening the comment period on the petition for an additional 60 days from the original January 16, 2007 deadline. The comment period closes on March 19, 2007. DATES: The comment period has been reopened and now expires on March 19, 2007. Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date. ADDRESSES: You may submit comments on this petition by any one of the following methods. Please include PRM-51-10 in the subject line of your comments. Comments on petitions submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: *SECY@nrc.gov.* If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at 301-415-1966. You may also submit comments via the NRC's rulemaking Web site at *http://ruleforum.llnl.gov.* Address questions about our rulemaking Web site to Carol Gallagher

(301)415-5905; e-mail *cag@nrc.gov.* Comments can also be submitted via the Federal eRulemaking Portal *http://www.regulations.gov.* Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 am and 4:15 pm Federal workdays. Telephone number 301-415-1966. Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at

(301)415-1101. Publicly available documents related to this petition may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), Room O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Selected documents, including comments, may be viewed and downloaded electronically via the NRC rulemaking Web site at *http://ruleforum.llnl.gov.* Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov.* A paper copy of the petition may be obtained by contacting Betty Golden, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-6863, toll-free 1-800-368-5642, or by e-mail *bkg2@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking, Directives and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-7163 or toll free 1-800-368-5642. Dated at Rockville, Maryland, this 12th day of January 2007. For the U.S. Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E7-712 Filed 1-18-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-26857; Directorate Identifier 2006-NM-126-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A310 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to supersede an existing airworthiness directive

(AD)that applies to all Airbus Model A310 series airplanes. The existing AD currently requires inspections of the lower door surrounding structure to detect cracks and corrosion; inspections to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the door structures; and repair if necessary. The existing AD also provides for optional terminating action for certain inspections. This proposed AD would retain all requirements of the existing AD, mandate the previously optional terminating action, and reduce the applicability of the existing AD. This proposed AD results from a determination that further rulemaking is necessary to improve the fatigue behavior of the cabin door surroundings. We are proposing this AD to prevent corrosion between the scuff plates at exit and cargo doors and fatigue cracks originating from certain fastener holes located in adjacent structure, which could result in reduced structural integrity of the door surroundings. DATES: We must receive comments on this proposed AD by February 20, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC 20590. • *Fax:*

(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1622; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “Docket No. FAA-2007-26857; Directorate Identifier 2006-NM-126-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion On July 24, 1998, we issued AD 98-16-06, amendment 39-10682 (63 FR 40819, July 31, 1998), for all Airbus Model A310 series airplanes. That AD requires inspections of the lower door surrounding structure to detect cracks and corrosion; inspections to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the door structures; and repair if necessary. That AD also provides for optional terminating action for certain inspections. That AD resulted from reports indicating that corrosion was found between the scuff plates at exit and cargo doors, and fatigue cracks originated from certain fastener holes located in adjacent structure. We issued that AD to detect and correct such corrosion and fatigue cracking, which could result in reduced structural integrity of the door surroundings. Other Relevant Rulemaking We have previously issued AD 97-11-03, amendment 39-10032 (62 FR 28325, May 23, 1997), applicable to all Airbus Model A300 series airplanes. That AD requires inspections of the lower door surrounding structure to detect cracks and corrosion; inspections to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the door structures; and repair if necessary. That AD also requires modification of the passenger/crew door frames, which terminates certain inspections. We also previously issued AD 98-16-05, amendment 39-10680 (63 FR 40812, July 31, 1998), applicable to all Airbus Model A300-600 series airplanes. That AD requires inspections of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door to detect cracks and corrosion; inspections to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the door structures; and repair if necessary. In addition, that AD provides for an optional terminating action for certain inspections. We are considering further rulemaking to mandate the optional terminating action. Actions Since Existing AD Was Issued Since we issued AD 98-16-06, the Direction Générale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, issued French airworthiness directives 1991-132-124(B) R1, dated November 29, 2000 (to replace French airworthiness directive 91-132-124(B), dated June 26, 1992, which is referred to in AD 98-16-06), and F-2004-103, dated July 7, 2004. The DGAC advises that further rulemaking is necessary to improve the fatigue behavior of the cabin door surroundings on certain Airbus Model A310 series airplanes and to remove certain airplanes from the applicability of the existing French airworthiness directive 91-132-124(B) that are no longer subject to the existing requirements. Corrosion between the scuff plates at exit and cargo doors and fatigue cracks originating from certain fastener holes located in adjacent structure, if not corrected, could result in reduced structural integrity of the door surroundings. After the DGAC issued French airworthiness directive 1991-132-124(B) R1 on November 29, 2000, we determined at that time that further rulemaking was not necessary, because the changes to AD 98-16-06 would be relieving in nature. However, since French airworthiness directive F-2004-103 mandates the previously optional modification, we now agree with the DGAC that further rulemaking is indeed necessary to improve the fatigue behavior of the cabin door surroundings, and this proposed AD follows from that determination. Relevant Service Information Airbus has issued and revised the service bulletins in the following table: Service Bulletins Airbus Service Bulletin— Describes procedures for— A310-53-2030, Revision 06, dated July 2, 1996 (Revision 5 of the service bulletin was referenced in AD 98-16-06 as an appropriate source of service information) Doing initial inspections for cracks and corrosion of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door, and repairing any cracked or corroded part. The inspection and repair are essentially identical to those specified in Revisions 2 through 5 of the service bulletin. A310-53-2037, Revision 02, dated November 27, 2000 (Revision 1 of the service bulletin was referenced in AD 98-16-06 as an appropriate source of service information) Doing repetitive inspections for cracks of the holes of the corner doublers, the fail-safe ring, and the door frames of the passenger/crew door structures, and repairing any cracked part. The inspection and repair are essentially identical to those specified in Revision 1 of the service bulletin. A310-53-2017, Revision 09, dated May 17, 2004 (Revision 7 of the service bulletin was referenced in AD 98-16-06 as an appropriate source of service information) Modifying the passenger/crew door structures, which ends the repetitive inspections of the holes of the corner doublers specified in Airbus Service Bulletin A310-53-2037, the fail-safe ring, and the door frames for certain airplanes. The modification includes cold expansion of fastener holes; a ROTO test; installation of new oversize fasteners and modified brackets; and installation of an additional steel doubler. The modification is essentially identical to that specified in Revisions 7 and 08 of the service bulletin. In addition, Airbus previously issued Service Bulletin A310-53-2041, Revision 02, dated July 2, 1996 (which was referenced in AD 98-16-06 as an appropriate source of service information). The service bulletin describes procedures for doing repetitive inspections for cracks and corrosion of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door, and repairing any cracked or corroded part. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The DGAC mandated the service information to ensure the continued airworthiness of these airplanes in France. FAA's Determination and Requirements of the Proposed AD This airplane model is manufactured in France and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. We have examined the DGAC's findings, evaluated all pertinent information, and determined that AD action is necessary for airplanes of this type design that are certificated for operation in the United States. This proposed AD would supersede AD 98-16-06 and would retain the requirements of the existing AD. This proposed AD would also require accomplishing the actions specified in service information described previously. Difference Between French Airworthiness Directives and This Proposed AD The applicability of French airworthiness directives 1991-132-124(B) R1 and F-2004-103 exclude airplanes on which Airbus Service Bulletin A310-53-2017 at Revision 1 (or any other later approved revision) has been done in service. However, we have not excluded those airplanes in the applicability of this proposed AD; rather, this proposed AD includes a requirement to accomplish the actions specified in Revision 09 of that service bulletin. This requirement would ensure that the actions specified in the service bulletin and required by this proposed AD are accomplished on all affected airplanes. Operators must continue to operate the airplane in the configuration required by this proposed AD unless an alternative method of compliance is approved. Change to Existing AD This proposed AD would retain all requirements of AD 98-16-06. Since AD 98-16-06 was issued, the AD format has been revised, and certain paragraphs and a note have been rearranged. As a result, the corresponding paragraph identifiers have changed in this proposed AD, as listed in the following table: Revised Paragraph Identifiers Paragraphs and note in AD 98-16-06 Corresponding paragraphs in this proposed AD Paragraph

(a)Paragraph (f). Paragraph

(b)Paragraph (g). Paragraph

(c)Paragraph (h). Paragraph

(d)Paragraph (i). NOTE 2 Paragraph (j). Paragraph

(e)Paragraph (k). Paragraph

(f)Paragraph (l). Paragraph

(g)Paragraph (m). Paragraph

(h)Paragraph (o). The DGAC revised the applicability of French airworthiness directives 1991-132-124(B) R1 and F-2004-103 to exclude Model A310 series airplanes on which Airbus Modification 5068, 7201, and 7298 have been incorporated in production. Therefore, the applicability of the proposed AD parallels the French airworthiness directives in that regard. We have revised the affected airplanes in paragraphs (f)(1) through (f)(3) of this proposed AD (paragraphs (a)(1) through (a)(3) of AD 98-16-06) to include “and Modification 5382D4741 for all other doors.” This information is specified in the referenced service bulletin, but was inadvertently omitted from those paragraphs in AD 98-16-06. This change reduces the number of affected airplanes. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. The average labor rate per work hour is $80. Estimated Costs Action Work hours Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Repetitive inspections behind scuff plates (required by AD 98-16-06) 26 None $2,080 46 $95,680. Repetitive inspections of corner doublers, fail-safe ring, and door frames (required by AD 98-16-06) Between 4 and 100 depending on kit purchased None Between $320 and $8,000 46 Between $14,720, and $368,000 per inspection cycle. Terminating modification for repetitive inspection of corner doublers, fail-safe ring, and door frames Between 8 and 55 depending on kit purchased Between $506 and $6,098 depending on kit purchased Between $1,146 and $10,498 46 Between $52,716 and $482,908. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed 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 that the proposed 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 proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-10682 (63 FR 40819, July 31, 1998) and adding the following new airworthiness directive (AD): **Airbus:** Docket No. FAA-2007-26857; Directorate Identifier 2006-NM-126-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by February 20, 2007. Affected ADs

(b)This AD supersedes AD 98-16-06. Applicability

(c)This AD applies to Airbus Model A310 series airplanes; certificated in any category; excluding those airplanes on which Airbus Modification 5068, 7201, and 7298 have been incorporated in production. Unsafe Condition

(d)This AD results from a determination that further rulemaking is necessary to improve the fatigue behavior of the cabin door surroundings. We are issuing this AD to prevent corrosion between the scuff plates at exit and cargo doors and fatigue cracks originating from certain fastener holes located in adjacent structure, which could result in reduced structural integrity of the door surroundings. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Requirements of AD 98-16-06 Initial Inspection Behind Scuff Plates and Repair If Necessary With Revised Affected Doors

(f)Perform an initial inspection of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door to detect cracks and corrosion, in accordance with Airbus Service Bulletin A310-53-2030, Revision 5, dated March 6, 1991, at the applicable time specified in paragraph (f)(1), (f)(2), or (f)(3) of this AD. If any crack or corrosion is found during this inspection, prior to further flight, repair in accordance with the service bulletin. Accomplishment of this inspection is not required for the aft passenger/crew doors if a steel doubler that covers the entire inspection area is installed.

(1)For any door on which Modification 5382 and Modification 5382D4741 for all other doors have been accomplished: Perform the initial inspection within 9 years since airplane manufacture, or within 1 year after September 4, 1998 (the effective date of AD 98-16-06), whichever occurs later.

(2)For any door on which Modification 5382 and Modification 5382D4741 for all other doors have not been accomplished, and on which the procedures described in Airbus Service Bulletin A310-53-2004, Revision 2, dated June 17, 1985, or Airbus Service Information Letter 53-033, Revision 2, dated November 23, 1984, have been accomplished: Perform the initial inspection within 5 years since airplane manufacture, or within 1 year after September 4, 1998, whichever occurs later.

(3)For any door on which Modification 5382 and Modification 5382D4741 for all other doors have not been accomplished, and on which the procedures described in Airbus Service Bulletin A310-53-2004, Revision 2, dated June 17, 1985, or Airbus Service Information Letter 53-033, Revision 2, dated November 23, 1984, have not been accomplished: Perform the initial inspection within 4 years since airplane manufacture, or within 1 year after September 4, 1998, whichever occurs later. Repetitive Inspections Behind Scuff Plates

(g)Perform repetitive inspections of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door to detect cracks and corrosion, in accordance with Airbus Service Bulletin A310-53-2041, Revision 02, dated July 2, 1996, at the applicable times specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD. Accomplishment of these inspections is not required for the aft passenger/crew doors if a steel doubler that covers the entire inspection area is installed.

(1)For the forward passenger/crew doors, the bulk cargo door, and the aft passenger/crew doors, except the upper and lower edges of the fail-safe ring and the upper edges of the corner doubler, on all Model A310-200 and -300 series airplanes: Perform the first inspection within 5 years after accomplishing the inspection required by paragraph

(f)of this AD; and repeat the inspection thereafter at intervals not to exceed 5 years.

(2)For the upper and lower edges of the fail-safe ring and the upper edges of the corner doubler of the aft passenger/crew door on all Model A310-200 series airplanes: Perform the first inspection within 5 years or 12,000 landings after accomplishing the inspection required by paragraph

(f)of this AD, whichever occurs first; and repeat the inspection thereafter at intervals not to exceed 5 years or 12,000 landings, whichever occurs first.

(3)For the upper and lower edges of the fail-safe ring and the upper edges of the corner doubler of the aft passenger/crew door on all Model A310-300 series airplanes: Perform the first inspection within 5 years or 7,000 landings after accomplishing the inspection required by paragraph

(f)of this AD, whichever occurs first; and repeat the inspection thereafter at intervals not to exceed 5 years or 7,000 landings, whichever occurs first. Repair of Scuff Plates If Necessary

(h)If any crack is found during any inspection required by paragraph

(g)or

(n)of this AD, prior to further flight, repair in accordance with Airbus Service Bulletin A310-53-2041, Revision 02, dated July 2, 1996. Thereafter, perform the repetitive inspections required by paragraph

(g)of this AD at the applicable times specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.

(i)If any corrosion is found during any inspection required by paragraph

(g)of this AD, prior to further flight, repair in accordance with Airbus Service Bulletin A310-53-2041, Revision 02, dated July 2, 1996. Thereafter, perform the repetitive inspections required by paragraph

(g)of this AD at the applicable time specified in paragraph (i)(1) or (i)(2) of this AD.

(1)For Model A310-200 series airplanes: Inspect at intervals not to exceed 5 years or 9,600 landings, whichever occurs first.

(2)For Model A310-300 series airplanes: Inspect at intervals not to exceed 5 years or 5,600 landings, whichever occurs first.

(j)Accomplishment of the actions required by paragraph (g), (h), or

(i)of this AD in accordance with Airbus Service Bulletin A310-53-2041, dated December 5, 1990; or Revision 1, dated March 6, 1991, prior to September 4, 1998, is acceptable for compliance with that paragraph. Initial Inspection of Corner Doublers, Fail-Safe Ring, and Door Frames

(k)Perform an inspection to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the left- and right-hand forward, mid, and aft passenger/crew door structures, in accordance with Airbus Service Bulletin A310-53-2037, Revision 1, dated April 29, 1992, and at the applicable times specified in paragraphs (k)(1), (k)(2), and (k)(3) of this AD.

(1)For the upper corners of the forward doors: Inspect prior to the accumulation of 20,000 total landings, or within 2,000 landings after September 4, 1998, whichever occurs later.

(2)For the lower corners of the forward doors: Inspect prior to the accumulation of 20,000 total landings, or within 4,000 landings after September 4, 1998, whichever occurs later.

(3)For the upper and lower corners of the aft doors, and for the parts underneath the corners of the upper door frames: Inspect prior to the accumulation of 20,000 total landings, or within 4,000 landings after September 4, 1998, whichever occurs later. Repetitive Inspections of Corner Doublers, Fail-Safe Ring, and Door Frames

(l)Repeat the inspections required by paragraph

(k)of this AD at the applicable times specified in paragraphs (l)(1), (l)(2), (l)(3), (l)(4), and (l)(5).

(1)For the upper corners of the forward doors: Inspect at intervals not to exceed 6,000 landings.

(2)For the lower corners of the forward doors: Inspect at intervals not to exceed 10,000 landings.

(3)For the upper and lower corners of the aft doors on which an inspection required by paragraph

(k)of this AD was accomplished using a ROTO test technique: Inspect at intervals not to exceed 8,000 landings.

(4)For the upper and lower corners of the aft doors on which an inspection required by paragraph

(k)of this AD was accomplished using an X-ray technique: Inspect at intervals not to exceed 3,500 landings.

(5)For the areas around the fasteners in the vicinity of stringer 12 on the upper door frames of the aft doors on which an inspection required by paragraph

(k)of this AD was accomplished using a visual technique: Inspect at intervals not to exceed 6,900 landings. Repair of Corner Doublers, Fail-Safe Ring, and/or Door Frames If Necessary

(m)If any crack is found during any inspection required by paragraph

(k)or

(l)of this AD: Prior to further flight, accomplish the requirement of paragraph (m)(1) or (m)(2) of this AD, as applicable.

(1)If any crack is found, and the crack can be eliminated using the method specified in Airbus Service Bulletin A310-53-2037, Revision 1, dated April 29, 1992; or Revision 02, dated November 27, 2000: Prior to further flight, repair the crack in accordance with that service bulletin.

(2)If any crack is found, and the crack cannot be eliminated using the method specified in Airbus Service Bulletin A310-53-2037, Revision 1, dated April 29, 1992; or Revision 02, dated November 27, 2000: Prior to further flight, repair the crack in accordance with a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate. New Requirements of This AD New Revision of Service Bulletins

(n)As of the effective date of this AD, use only the service bulletin specified in Table 1 of this AD. Table 1.—New Revision of Service Bulletins Do the action(s) required by— In accordance with the accomplishment instructions of Airbus Service Bulletin—

(1)Paragraph

(f)of this AD A310-53-2030, Revision 06, dated July 2, 1996.

(2)Paragraph

(k)and (m)(1) of this AD A310-53-2037, Revision 02, dated November 27, 2000. Terminating Modification for Repetitive Inspection of Corner Doublers, Fail-Safe Ring, and Door Frames

(o)Modify the passenger/crew door structures in accordance with the Accomplishment Instructions of Airbus Service Bulletin A310-53-2017, Revision 09, dated May 17, 2004. Do the modification at the applicable time in paragraph (o)(1) or (o)(2) of Table 2 of this AD. Accomplishment of this modification constitutes terminating action for the repetitive inspections required by paragraph

(l)of this AD. The inspections required by paragraph

(f)of this AD must be done before accomplishing this modification. Table 2.—Compliance Time for Terminating Modification For model Compliance time

(1)A310-203, -204, -221, and -222 airplanes Before the accumulation of 40,000 flight cycles since the date of issuance of the original French standard Airworthiness Certificate or the date of issuance of the original French Export Certificate of Airworthiness, or during the next inspection required by paragraph

(l)of this AD, whichever occurs later.

(2)A310-304, -322, -324, and -325 airplanes Before the accumulation of 35,000 flight cycles since the date of issuance of the original French standard Airworthiness Certificate or the date of issuance of the original French Export Certificate of Airworthiness, or during the next inspection required by paragraph

(l)of this AD, whichever occurs later Earlier Revision of Service Bulletins

(p)Actions done before the effective date of this AD in accordance with the service bulletins identified in Table 3 of this AD, are acceptable for compliance with the corresponding requirements of this AD. Table 3.—Earlier Revision of Service Bulletins Airbus service bulletin Revision level Date

(1)A310-53-2017 7 February 25, 1992.

(2)A310-53-2017 08 September 7, 2000. Alternative Methods of Compliance (AMOCs) (q)(1) The Manager, International Branch, ANM-116, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)Alternative methods of compliance, approved previously in accordance with AD 98-16-06 are approved as alternative methods of compliance with the corresponding provisions of paragraphs

(f)through

(m)of this AD.

(3)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information

(r)French airworthiness directives 1991-132-124(B) R1, dated November 29, 2000, and F-2004-103, dated July 7, 2004, also address the subject of this AD. Issued in Renton, Washington, on January 8, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-702 Filed 1-18-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-26856; Directorate Identifier 2006-NM-125-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes (Collectively Called A300-600 Series Airplanes) AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to supersede an existing airworthiness directive

(AD)that applies to all Airbus Model A300-600 series airplanes. The existing AD currently requires inspections of the lower door surrounding structure to detect cracks and corrosion; inspections to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the door structures; and repair if necessary. The existing AD also provides for optional terminating action for certain inspections. This proposed AD would retain all requirements of the existing AD, mandate the previously optional terminating action, reduce the applicability of the existing AD, and add repetitive inspections behind scuff plates for certain affected airplanes. This proposed AD results from a determination that further rulemaking is necessary to improve the fatigue behavior of the cabin door surroundings. We are proposing this AD to prevent corrosion between the scuff plates at exit and cargo doors and fatigue cracks originating from certain fastener holes located in adjacent structure, which could result in reduced structural integrity of the door surroundings. DATES: We must receive comments on this proposed AD by February 20, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC 20590. • *Fax:*

(425)227-1622; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “Docket No. FAA-2007-26856; Directorate Identifier 2006-NM-125-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion On July 24, 1998, we issued AD 98-16-05, amendment 39-10680 (63 FR 40812, July 31, 1998), for all Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model C4-605R Variant F airplanes (collectively called A300-600 series airplanes). That AD requires inspections of the lower door surrounding structure to detect cracks and corrosion; inspections to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the door structures; and repair if necessary. That AD also provides for optional terminating action for certain inspections. That AD resulted from reports indicating that corrosion was found behind the scruff plates at exit and cargo doors, and fatigue cracks originated from certain fastener holes located in adjacent structure. We issued that AD to detect and correct such corrosion and fatigue cracking, which could result in reduced structural integrity of the door surroundings. Other Relevant Rulemaking We have previously issued AD 97-11-03, amendment 39-10032 (62 FR 28325, May 23, 1997), applicable to all Airbus Model A300 series airplanes. That AD requires inspections of the lower door surrounding structure to detect cracks and corrosion; inspections to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the door structures; and repair if necessary. That AD also requires modification of the passenger/crew door frames, which terminates certain inspections. We also previously issued AD 98-16-06, amendment 39-10682 (63 FR 40819, July 31, 1998), for all Airbus Model A310 series airplanes. That AD requires inspections of the lower door surrounding structure to detect cracks and corrosion; inspections to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the door structures; and repair if necessary. That AD also provides for optional terminating action for certain inspections. We are considering further rulemaking to mandate the optional terminating action. Actions Since Existing AD Was Issued Since we issued AD 98-16-05, the Direction Générale de l'Aviation Civile (DGAC), which is the airworthiness authority for France, issued French airworthiness directives 1991-132-124(B) R1, dated November 29, 2000 (to replace French airworthiness directive 91-132-124(B), dated June 26, 1991, which is referred to in AD 98-16-05), and F-2004-103, dated July 7, 2004. The DGAC advises that further rulemaking is necessary to improve the fatigue behavior of the cabin door surroundings on certain Airbus Model A300-600 series airplanes and to remove certain airplanes from the applicability of the existing AD that are no longer subject to the existing requirements. Corrosion between the scuff plates at exit and cargo doors and fatigue cracks originating from certain fastener holes located in adjacent structure, if not corrected, could result in reduced structural integrity of the door surroundings. After the DGAC issued French airworthiness directive 1991-132-124(B) R1 on November 29, 2000, we determined at that time that further rulemaking was not necessary, because the changes to AD 98-16-05 would be relieving in nature. However, since French airworthiness directive F-2004-103 mandates the previously optional modification, we now agree with the DGAC that further rulemaking is indeed necessary to improve the fatigue behavior of the cabin door surroundings, and this proposed AD follows from that determination. Relevant Service Information Airbus has issued and revised the service bulletins in the following table: Service Bulletins Airbus Service Bulletin— Describes procedures for— A300-53-6011, Revision 07, dated January 24, 2005 (Revision 3, dated February 4, 1991, of the service bulletin was referenced in AD 98-16-05 as an appropriate source of service information) Doing initial inspections for cracks and corrosion of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door, and repairing any cracked or corroded part or contacting Airbus. The inspection and repair are essentially identical to those specified in Revision 3 of the service bulletin. Revision 07 also revises the effectivity by adding additional airplanes. A300-53-6022, Revision 04, dated January 24, 2005 (the original issue, dated February 4, 1991, of the service bulletin was referenced in AD 98-16-05 as an appropriate source of service information) Doing repetitive inspections for cracks and corrosion of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door, and repairing any cracked/corroded part or contacting Airbus. The inspection and repair are essentially identical to those specified in original issue of the service bulletin. Revision 04 also revises the effectivity by adding additional airplanes. A300-53-6018, Revision 03, dated July 26, 2006, including Appendix 01 (Revision 1, dated April 29, 1992, of the service bulletin was referenced in AD 98-16-05 as an appropriate source of service information) Doing repetitive inspections for cracks/corrosion of the holes of the corner doublers, the fail-safe ring, and the door frames of the passenger/crew door structures, and repairing any cracked/corroded part or contacting Airbus. The inspection and repair are essentially identical to those specified in Revision 1 of the service bulletin. A300-53-6002, Revision 06, dated May 17, 2004 (Revision 3, dated February 22, 1992, of the service bulletin was referenced in AD 98-16-05 as an appropriate source of service information) Modifying the passenger/crew door structures, which ends the repetitive inspections of the holes of the corner doublers specified in Airbus Service Bulletin A300-53-6018, the fail-safe ring, and the door frames for certain airplanes. The modification includes cold expansion of fastener holes; a ROTO test; repair of any crack; repair of any crack that cannot be eliminated per Airbus; installation of new oversize fasteners and modified brackets; and installation of an additional steel doubler. The modification is essentially identical to that specified in Revision 3 of the service bulletin. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The DGAC mandated the service information to ensure the continued airworthiness of these airplanes in France. FAA's Determination and Requirements of the Proposed AD These airplane models are manufactured in France and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. We have examined the DGAC's findings, evaluated all pertinent information, and determined that AD action is necessary for airplanes of this type design that are certificated for operation in the United States. This proposed AD would supersede AD 98-16-05, retain the requirements of the existing AD, mandate the previously optional terminating action, reduce the applicability of the existing AD, and add repetitive inspections behind scuff plates for certain affected airplanes. This proposed AD would also require accomplishing the actions specified in service information described previously. Difference Between French Airworthiness Directive and This Proposed AD The applicability of French airworthiness directive 1991-132-124(B) R1 excludes Airbus Model A300-600 series airplanes on which Airbus Service Bulletin A300-53-6002, Revision 2, dated May 6, 1991 (or any other later approved revision), has been accomplished in service. However, we have not excluded those airplanes in the applicability of this proposed AD; rather, this proposed AD includes a requirement to accomplish the actions specified in Revision 06 of that service bulletin. This requirement would ensure that the actions specified in the service bulletin and required by this proposed AD are accomplished on all affected airplanes. Operators must continue to operate the airplane in the configuration required by this proposed AD unless an alternative method of compliance is approved. The service bulletins specify to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions using a method that we or the European Aviation Safety Agency

(EASA)(or its delegated agent) approve. In light of the type of repair that would be required to address the unsafe condition, and consistent with existing bilateral airworthiness agreements, we have determined that, for this proposed AD, a repair we or the EASA approve would be acceptable for compliance with this proposed AD. Change to Existing AD This proposed AD would retain all requirements of AD 98-16-05. Since AD 98-16-05 was issued, the AD format has been revised, and certain paragraphs have been rearranged. As a result, the corresponding paragraph identifiers have changed in this proposed AD, as listed in the following table: Revised Paragraph Identifiers Requirement in AD 98-16-05 Corresponding requirements in this proposed AD Paragraph

(a)Paragraph (f). Paragraph

(b)Paragraph (g). Paragraph

(c)Paragraph (h). Paragraph

(d)Paragraph (i). Paragraph

(e)paragraph (j). Paragraph

(f)Paragraph (k). Paragraph

(g)Paragraph (l). The DGAC revised the applicability of French airworthiness directives 1991-132-124(B) R1 and F-2004-103 to exclude Model A300-600 series airplanes on which Airbus Modification 5068, 6514, 7201, and 7298 have been incorporated in production. Therefore, the applicability of the proposed AD parallels the French airworthiness directives in that regard. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. The average labor rate per work hour is $80. Estimated Costs Action Work hours Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Repetitive inspections behind scuff plates 37 None $2,960 129 $381,840. Repetitive inspections of corner doublers, fail-safe ring, and door frames Between 1 and 51 None Between $80 and $4,080 129 Between $10,320 and $526,320. Terminating modification for repetitive inspection of corner doublers, fail-safe ring, and door frames Between 8 and 67, depending on kit purchased Between $580 and $11,273, depending on kit purchased Between $1,220 and $16,633 129 Between $157,380 and $2,145,657. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed 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 that the proposed 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 proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-10680 (63 FR 40812, July 31, 1998) and adding the following new airworthiness directive (AD): **Airbus:** Docket No. FAA-2007-26856; Directorate Identifier 2006-NM-125-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by February 20, 2007. Affected ADs

(b)This AD supersedes AD 98-16-05. Applicability

(c)This AD applies to Airbus Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; Model A300 F4-605R and F4-622R airplanes; and Model A300 C4-605R Variant F airplanes; certificated in any category; excluding those airplanes on which Airbus Modification 5068, 6514, 7201, and 7298 have been incorporated in production. Unsafe Condition

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Requirements of AD 98-16-05 Initial Inspection Behind Scuff Plates and Repair if Necessary

(f)Perform an initial inspection of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door to detect cracks and corrosion, in accordance with Airbus Service Bulletin A300-53-6011, Revision 3, dated February 4, 1991, at the time specified in paragraph (f)(1), (f)(2), or (f)(3) of this AD. If any crack or corrosion is found during this inspection, prior to further flight, repair in accordance with the service bulletin. Accomplishment of this inspection is not required for the mid and aft passenger/crew doors if a steel doubler that covers the entire inspection area is installed.

(1)For airplanes on which Modification 5382S6526 (for forward doors) and Modification 5382D4741 (for all other doors) have been accomplished prior to delivery of the airplane: Perform the initial inspection within 9 years since date of manufacture, or within 1 year after September 4, 1998 (the effective date of AD 98-16-05), whichever occurs later.

(2)For airplanes on which Modification 5382S6526 (for forward doors) and Modification 5382D4741 (for all other doors) have not been accomplished; and on which the procedures described in Airbus Service Information Letter

(SIL)A300-53-033, Revision 2 (for all doors), dated November 23, 1984, have been accomplished: Perform the initial inspection within 5 years after accomplishment of the procedures described in the SIL, or within 1 year after September 4, 1998, whichever occurs later.

(3)For airplanes on which Modification 5382S6526 (for forward doors), and Modification 5382D4741 (for all other doors), and the procedures described in Airbus SIL A300-53-033, Revision 2, dated November 23, 1984, have not been accomplished: Perform the initial inspection within 4 years since date of manufacture, or within 1 year after September 4, 1998, whichever occurs later. Repetitive Inspections Behind Scuff Plates

(g)Perform repetitive inspections of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door to detect cracks and corrosion, in accordance with Airbus Service Bulletin A300-53-6022, dated February 4, 1991, at the applicable times specified in paragraphs (g)(1) and (g)(2) of this AD. Accomplishment of these inspections is not required for the mid and aft passenger/crew doors if a steel doubler that covers the entire inspection area is installed.

(1)For the forward and mid passenger/crew doors, the bulk cargo door, and the aft passenger/crew doors, except the upper and lower edges of the fail-safe ring and the upper edges of the corner doubler: Perform the first inspection within 5 years after accomplishing the inspection required by paragraph

(f)of this AD; and repeat the inspection thereafter at intervals not to exceed 5 years.

(2)For the upper and lower edges of the fail-safe ring and the upper edges of the corner doubler of the aft passenger/crew doors: Perform the first inspection within 5 years or 6,000 landings after accomplishing the inspection required by paragraph

(f)of this AD, whichever occurs first; and repeat the inspection thereafter at intervals not to exceed 5 years or 6,000 landings, whichever occurs first. Repair of Scuff Plates if Necessary

(h)If any crack is found during any inspection required by paragraph

(g)of this AD, prior to further flight, repair in accordance with Airbus Service Bulletin A300-53-6022, dated February 4, 1991. Thereafter, perform the repetitive inspections required by paragraph

(g)of this AD at the applicable times specified in paragraphs (g)(1) and (g)(2) of this AD.

(i)If corrosion is found during any inspection required by paragraph

(g)of this AD, prior to further flight, repair in accordance with Airbus Service Bulletin A300-53-6022, dated February 4, 1991. Thereafter, perform the repetitive inspections required by paragraph

(g)of this AD at the applicable times specified in paragraph (i)(1) or (i)(2) of this AD.

(1)For the upper and lower edges of the fail-safe ring and the upper edges of the corner doubler of the aft passenger/crew doors, and for the mid passenger/crew door: Inspect at intervals not to exceed 5 years or 5,000 landings, whichever occurs first.

(2)For the forward passenger/crew doors and bulk cargo doors: Inspect at intervals not to exceed 5 years. Initial Inspection of Corner Doublers, Fail-Safe Ring, and Door Frames

(j)Perform an inspection to detect cracking of the holes of the corner doublers, the fail-safe ring, and the door frames of the left- and right-hand forward, mid, and aft passenger/crew door structures, in accordance with Airbus Service Bulletin A300-53-6018, Revision 1, dated April 29, 1992, and at the applicable time specified in paragraph (j)(1), (j)(2), (j)(3), or (j)(4) of this AD.

(1)For the upper corners of the forward doors: Inspect prior to the accumulation of 20,000 total landings, or within 2,000 landings after September 4, 1998, whichever occurs later.

(2)For the lower corners of the forward doors: Inspect prior to the accumulation of 20,000 total landings, or within 4,000 landings after September 4, 1998, whichever occurs later.

(3)For the upper and lower corners of the mid doors: Inspect prior to the accumulation of 20,000 total landings, or within 2,000 landings after September 4, 1998, whichever occurs later.

(4)For the upper and lower corners of the aft doors, and for the parts underneath the corners of the upper door frames: Inspect prior to the accumulation of 20,000 total landings, or within 4,000 landings after September 4, 1998, whichever occurs later. Repetitive Inspections of Corner Doublers, Fail-Safe Ring, and Door Frames

(k)Repeat the inspections required by paragraph

(j)of this AD at the applicable times specified in paragraphs (k)(1), (k)(2), (k)(3), (k)(4), and (k)(5) of this AD.

(1)For the upper corners of the forward doors: Inspect at intervals not to exceed 6,000 landings.

(2)For the lower corners of the forward doors: Inspect at intervals not to exceed 10,000 landings.

(3)For the upper and lower corners of the mid and aft doors on which an inspection required by paragraph

(j)of this AD was accomplished using a ROTO test technique: Inspect at intervals not to exceed 8,000 landings.

(4)For the upper and lower corners of the mid and aft doors on which an inspection required by paragraph

(j)of this AD was accomplished using an X-ray technique: Inspect at intervals not to exceed 3,500 landings.

(5)For the areas around the fasteners in the vicinity of stringer 12 on the upper door frames of the aft doors on which an inspection required by paragraph

(j)of this AD was accomplished using a visual technique: Inspect at intervals not to exceed 6,900 landings. Repair of Corner Doublers, Fail-Safe Ring, and/or Door Frames If Necessary

(l)If any crack is found during any inspection required by paragraph

(j)or

(k)of this AD: Prior to further flight, accomplish the requirement of paragraph (l)(1) or (l)(2) of this AD, as applicable.

(1)If any crack is found, and the crack can be eliminated using the method specified in Airbus Service Bulletin A300-53-6018, Revision 1, dated April 29, 1992; or Revision 02, excluding Appendix 01, dated November 27, 2000: Prior to further flight, repair the crack in accordance with that service bulletin.

(2)If any crack is found, and the crack cannot be eliminated using the method specified in Airbus Service Bulletin A300-53-6018, Revision 1, dated April 29, 1992; or Revision 02, dated November 27, 2000: Prior to further flight, repair the crack in accordance with a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate. New Requirements of This AD New Revision of Service Bulletins

(m)As of the effective date of this AD, use only the applicable service bulletins specified in Table 1 of this AD; except where the service bulletins recommend contacting Airbus for appropriate action, before further flight, repair the cracked part using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency

(EASA)(or its delegated agent). Table 1.—New Revision of Service Bulletins Do the action(s) required by— In accordance with the Accomplishment Instructions of Airbus Service Bulletin—

(1)Paragraph

(f)of this AD A300-53-6011, Revision 07, dated January 24, 2005.

(2)Paragraphs

(g)through

(i)of this AD A300-53-6022, Revision 04, dated January 24, 2005.

(3)Paragraphs (j), (k), and (l)(1) of this AD A300-53-6018, Revision 03, excluding Appendix 01, dated July 26, 2006. Initial Inspection Behind Scuff Plates and Repair If Necessary for Additional Airplanes

(n)Perform an initial inspection of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door to detect cracks and corrosion, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6011, Revision 07, dated January 24, 2005; at the applicable time specified in Table 2 of this AD. If any crack or corrosion is found during this inspection, before further flight, repair in accordance with the service bulletin. Accomplishment of this inspection is not required for the mid and aft passenger/crew doors if a steel doubler that covers the entire inspection area is installed. Table 2.—Compliance Time Initial Inspection Behind Scuff Plate for Additional Airplanes For airplanes on which— And on which— Compliance time (whichever occurs later) Threshold Grace period

(1)Modification 5382S6526 (for forward doors) and Modification 5382D4485 (for all other doors) have been done before the date of issuance of the original French standard airworthiness certificate or the date of issuance of the original French export certificate of airworthiness None Within 108 months after first flight Within 12 months after the effective date of this AD.

(2)Modification 5382S6180 (for forward doors) and Modification 5382D4741 or 5382D4485 (for all other doors) have been done before the date of issuance of the original French standard airworthiness certificate or the date of issuance of the original French export certificate of airworthiness None Within 108 months after first flight Within 12 months after the effective date of this AD.

(3)Modification 5382S6526 (for forward doors) and Modification 5382D4485 (for all other doors) have not been done before the effective date of this AD The actions specified in Airbus Service Information Letter

(SIL)A300-53-033, Revision 2 (for all doors), dated November 23, 1984, have been done Within 60 months after accomplishing the actions specified in the SIL Within 12 months after the effective date of this AD.

(4)Modification 5382S6180 (for forward doors) and Modification 5382D4741 or 5382D4485 (for all other doors) have not been done before the effective dated of this AD The actions specified in Airbus SIL A300-53-033, Revision 2 (for all doors), dated November 23, 1984, have been done Within 60 months after accomplishing the actions specified in the SIL Within 12 months after the effective date of this AD.

(5)Modification 5382S6526 (for forward doors) and Modification 5382D4485 (for all other doors) have not been done before the effective date of this AD The actions specified in Airbus SIL A300-53-033, Revision 2, dated November 23, 1984, have not been done Within 48 months since the date of issuance of the original French standard airworthiness certificate or the date of issuance of the original French export certificate of airworthiness Within 12 months after the effective date of this AD.

(6)Modification 5382S6180 (for forward doors) and Modification 5382D4741 or 5382D4485 (for all other doors) have not been done before the effective date of this AD The actions specified in Airbus SIL A300-53-033, Revision 2, dated November 23, 1984, have not been done Within 48 months since the date of issuance of the original French standard airworthiness certificate or the date of issuance of the original French export certificate of airworthiness Within 12 months after the effective date of this AD. Repetitive Inspections behind Scuff Plates for Additional Airplanes

(o)For airplanes identified in Table 2 of this AD: Perform repetitive inspections of the areas behind the scuff plates below the passenger/crew doors and bulk cargo door to detect cracks and corrosion, in accordance with Airbus Service Bulletin A300-53-6022, Revision 04, dated January 24, 2005, at the applicable times specified in paragraphs (o)(1) and (o)(2) of this AD. Accomplishment of these inspections is not required for the mid and aft passenger/crew doors if a steel doubler that covers the entire inspection area is installed.

(1)For the forward and mid passenger/crew doors, the bulk cargo door, and the aft passenger/crew doors, except the upper and lower edges of the fail-safe ring and the upper edges of the corner doubler: Perform the first inspection within 60 months after accomplishing the inspection required by paragraph

(n)of this AD; and repeat the inspection thereafter at intervals not to exceed 60 months.

(2)For the upper and lower edges of the fail-safe ring and the upper edges of the corner doubler of the aft passenger/crew doors: Perform the first inspection within 60 months or 6,000 landings after accomplishing the inspection required by paragraph

(n)of this AD, whichever occurs first; and repeat the inspection thereafter at intervals not to exceed 60 months or 6,000 landings, whichever occurs first. Repair of Scuff Plates If Necessary

(p)If any crack is found during any inspection required by paragraph

(o)of this AD, prior to further flight, repair in accordance with Airbus Service Bulletin A300-53-6022, Revision 04, dated January 24, 2005. Thereafter, perform the repetitive inspections required by paragraph

(o)of this AD at the applicable times specified in paragraphs (o)(1) and (o)(2) of this AD.

(q)If corrosion is found during any inspection required by paragraph

(g)of this AD at the applicable times specified in paragraph (q)(1) or (q)(2) of this AD.

(2)For the forward passenger/crew doors and bulk cargo doors: Inspect at intervals not to exceed 60 months. Terminating Modification for Repetitive Inspection of Corner Doublers, Fail-Safe Ring, and Door Frames

(r)Before the accumulation of 30,000 total flight cycles since the date of issuance of the original French standard airworthiness certificate or the date of issuance of the original French export certificate of airworthiness, or during the next inspection required by paragraph

(k)of this AD, whichever occurs later: Modify the passenger/crew door structures in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-6002, Revision 06, dated May 17, 2004. Accomplishment of this modification constitutes terminating action for the inspections required by paragraphs

(j)and

(k)of this AD. The inspections required by paragraphs

(f)and

(n)of this AD, as applicable, must be done before accomplishing this modification. Earlier Revisions of Service Bulletins

(s)Actions done before the effective date of this AD in accordance with the service bulletins identified in Table 3 of this AD, are acceptable for compliance with the corresponding requirements of this AD. Table 3.—Earlier Revisions of Service Bulletins Airbus Service Bulletin Revision level Date

(1)A300-53-6002 03 February 22, 1992.

(2)A300-53-6002 4 July 13, 1992.

(3)A300-53-6002 05 September 7, 2000.

(4)A300-53-6011 04 July 2, 1996.

(5)A300-53-6011 05 September 7, 2000.

(6)A300-53-6011 06 November 12, 2002.

(7)A300-53-6018, excluding Appendix 01 02 November 27, 2000.

(8)A300-53-6022 01 July 2, 1996.

(9)A300-53-6022 02 September 7, 2000.

(10)A300-53-6022 03 November 12, 2002. Alternative Methods of Compliance (AMOCs) (t)(1) The Manager, International Branch, ANM-116, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)AMOCs approved previously in accordance with AD 98-16-05 are approved as AMOCs for the corresponding provisions of paragraphs

(f)through

(l)of this AD.

(u)French airworthiness directives 1991-132-124(B) R1, dated November 29, 2000, and F-2004-103, dated July 7, 2004, also address the subject of this AD. Issued in Renton, Washington, on January 8, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-715 Filed 1-18-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-26864; Directorate Identifier 2006-NM-228-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-200, -300, -400, -500, -600, -700, -800, and -900 Series Airplanes; Boeing Model 757-200 and -300 Series Airplanes; and McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-30, DC-10-30F, DC-10-40, MD-10-30F, MD-11, and MD-11F Airplanes; Equipped With Reinforced Flight Deck Doors Installed in Accordance With Supplemental Type Certificate

(STC)ST01335LA, STC ST01334LA, and STC ST01391LA, Respectively AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to supersede an existing airworthiness directive

(AD)that applies to certain transport category airplanes identified above. The existing AD currently requires modification of the reinforced flight deck door and other actions related to the reinforced flight deck door. Those other actions include modifying the door, inspecting and modifying wiring in the area, and revising the maintenance program to require more frequent testing of the decompression panels of the flight deck door. This proposed AD would add airplanes to the existing requirement of a one-time inspection for chafing of wire bundles in the area of the flight deck door and corrective actions if necessary. This proposed AD would remove certain airplanes from the applicability. This proposed AD results from a report of smoke and fumes in the cockpit of a Model 737-300 series airplane. We are proposing this AD to prevent inadvertent release of the decompression latch and consequent opening of the decompression panel in the flight deck door, or penetration of the flight deck door by smoke or shrapnel, any of which could result in injury to the airplane flightcrew. We are also proposing this AD to detect and correct wire chafing, which could result in arcing, fire, and/or reduced controllability of the airplane. DATES: We must receive comments on this proposed AD by March 5, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • *Fax:*

(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207; Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024); or C&D Aerospace, 5701 Bolsa Avenue, Huntington Beach, California 92647-2063; for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Ron Atmur, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5224; fax

(562)627-5210. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “Docket No. FAA-2007-26864; Directorate Identifier 2006-NM-228-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov,* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(STC)ST01335LA. Chafing of wiring in the area of the flight deck door, if not corrected, could result in arcing, fire, and/or reduced controllability of the airplane. Previously, we addressed this unsafe condition in paragraph (m)(2) of AD 2005-12-05 for Model 737-200 series airplanes equipped with flight deck door assembly part number (P/N) B221001. That paragraph refers to C&D Aerospace Alert Service Bulletin B221001-52A02, dated November 5, 2002, as the appropriate source of service information for doing a general visual inspection for chafing of wire bundles in the area of the flight deck door and doing corrective actions if necessary. (Boeing Model 737-300, -400, and -500 series airplanes are included in the effectivity of C&D Aerospace Alert Service Bulletin B221001-52A02.) We have determined that the same unsafe condition also exists on Model 737-300, -400, and -500 series airplanes equipped with reinforced flight deck door assembly P/N B221001. Since Model 737-300, -400, and -500 series airplanes were included in the applicability of AD 2005-12-05, this proposed AD does not expand the applicability. Rather, this proposed AD would require additional action on those airplanes to adequately address the unsafe condition. We inadvertently included McDonnell Douglas Model MD-10-10F airplanes in the applicability of AD 2005-12-05. The affected reinforced flight deck doors are not approved for installation on Model MD-10-10F airplanes under any STC. Therefore, we have removed those airplanes from the applicability of this proposed AD. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to develop on other products of the same type design. For this reason, we are proposing this AD, which would supersede AD 2005-12-05 and would retain the requirements of the existing AD. For Model 737-300, -400, and -500 series airplanes, this proposed AD would also require accomplishing the actions specified in C&D Aerospace Alert Service Bulletin B221001-52A02, dated November 5, 2002, except as discussed under “Difference Between the Proposed AD and Service Bulletin.” Difference Between the Proposed AD and Service Bulletin Although C&D Aerospace Alert Service Bulletin B221001-52A02 describes procedures for installing a placard to show that the service bulletin has been accomplished, this proposed AD does not require that action. We have revised paragraph (m)(2) of the proposed AD to exclude that action. Costs of Compliance There are about 3,423 airplanes of the affected design in the worldwide fleet. For the new proposed action, there are about 1,047 Model 737-300, -400, and -500 series airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs, at an average labor rate of $80 per work hour, for U.S. operators to comply with this proposed AD. Estimated Costs Action Model Work hours Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost Modification in paragraph

(f)of the proposed AD (required by AD 2005-12-05) 737-200, -300, -400, -500, -600, -700, -800, and -900 series airplanes, with flight deck door assembly P/N B221001 1 1 $0 $80 1,040 $83,200 757-200 and -300 series airplanes, with flight deck door assembly P/N B231001 2 1 0 160 519 83,040 DC-10-10F, DC-10-30, DC-10-30F, DC-10-40, MD-10-30F, MD-11, and MD-11F airplanes, with flight deck door assembly P/N B211200 2 1 0 160 21 3,360 Revision in paragraph

(i)of the proposed AD (required by AD 2005-12-05) 757-200 and -300 series airplanes 1 None 80 651 52,080 737-200, -300, -400, -500, -600, -700, -800, and -900 series airplanes; and 757-200 and -300 series airplanes; with flight deck door assembly P/N B221200 1 1 0 80 1,673 133,840 Modification in paragraph

(j)of the proposed AD (required by AD 2005-12-05) DC-10-10, DC-10-10F, DC-10-30, DC-10-30F, DC-10-40, MD-10-30F, MD-11, and MD-11F airplanes, with flight deck door assembly P/N B211200 1 1 0 80 155 12,400 MD-11 and MD-11F airplanes, with flight deck door assembly P/N B251200 1 1 0 80 6 480 Wiring rework in paragraph (m)(1) of the proposed AD (required by AD 2005-12-05) 737-200 series airplanes, with flight deck door assembly P/N B221001 1 None 80 134 10,720 Inspection in paragraph (m)(2) of the proposed AD (required by AD 2005-12-05) 737-200 series airplanes, with flight deck door assembly P/N B221001 2 None 160 134 21,440 Inspection in paragraph

(o)of the proposed AD (new proposed action) 737-300, -400, -500 series airplanes, with flight deck door assembly P/N B221001 2 None 160 529 84,640 1 The parts manufacturer states that it will supply required parts to operators at no cost. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed 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 that the proposed 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 proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-14121 (70 FR 37152, June 28, 2005) and adding the following new airworthiness directive (AD): **Boeing and McDonnell Douglas:** Docket No. FAA-2007-26864; Directorate Identifier 2006-NM-228-AD. Comments Due Date

(a)The FAA must receive comments on this AD action by March 5, 2007. Affected ADs

(b)This AD supersedes AD 2005-12-05. Applicability

(c)This AD applies to airplanes identified in Table 1 of this AD, certificated in any category. Table 1.—Applicability Airplane manufacturer Airplane model Equipped with C&D Zodiac, Inc. reinforced flight deck doors installed in accordance with Supplemental Type Certificate

(STC)Boeing 737-200, -300, -400, -500, -600, -700, -800, and -900 series airplanes ST01335LA. Boeing 757-200 and -300 series airplanes ST01334LA. McDonnell Douglas DC-10-10, DC-10-10F, DC-10-30, DC-10-30F, DC-10-40, MD-10-30F, MD-11, and MD-11F airplanes ST01391LA. Unsafe Condition

(d)This AD results from a report of smoke and fumes in the cockpit of a Model 737-300 series airplane. We are issuing this AD to prevent inadvertent release of the decompression latch and consequent opening of the decompression panel in the flight deck door, or penetration of the flight deck door by smoke or shrapnel, any of which could result in injury to the airplane flightcrew. We are also issuing this AD to detect and correct wire chafing, which could result in arcing, fire, and/or reduced controllability of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Restatement of Requirements of AD 2005-12-05 Note 1: Where there are differences between this AD and the referenced service bulletins, this AD prevails. Modification

(f)For airplanes listed in Table 2 of this AD: Within 90 days after July 25, 2003 (the effective date of AD 2003-14-04, amendment 39-13223), modify the reinforced flight deck door according to paragraph (f)(1), (f)(2), or (f)(3) of this AD, as applicable. (AD 2003-14-04 was superseded by AD 2005-12-05.) Table 2.—Airplane Models Subject to Requirements of AD 2003-14-04 Airplane manufacturer Airplane models Identified in C&D Aerospace Service Bulletin Boeing 737-200, -300, -400, -500, -600, -700, -800, and -900 series airplanes B221001-52-03, Revision 3, dated March 25, 2003. Boeing 757-200 and -300 series airplanes B231001-52-02, Revision 4, dated March 19, 2003. McDonnell Douglas DC-10-10F, DC-10-30, DC-10-30F, DC-10-40, MD-10-30F, MD-11, and MD-11F airplanes B211200-52-02, Revision 1, dated June 3, 2003.

(1)For Boeing Model 737-200, -300, -400, -500, -600, -700, -800, and -900 series airplanes: Modify the upper and lower pressure relief latch assemblies on the flight deck door by doing all actions specified in and according to paragraphs 3.A., 3.B., and 3.C. of the Accomplishment Instructions of C&D Aerospace Service Bulletin B221001-52-03, Revision 3, dated March 25, 2003. One latch strap should be installed at the bottom of the upper pressure relief assembly, and a second latch strap should be installed at the top of the lower pressure relief assembly. When properly installed, the strap should cover a portion of the latch hook.

(2)For Boeing Model 757-200 and -300 series airplanes: Modify the upper and lower pressure relief latch assemblies on the flight deck door by doing all actions specified in and according to paragraphs 3.A., 3.B., and 3.C. of the Accomplishment Instructions of C&D Aerospace Service Bulletin B231001-52-02, Revision 4, dated March 19, 2003. One latch strap should be installed at the bottom of the upper pressure relief assembly, and a second latch strap should be installed at the top of the lower pressure relief assembly. When properly installed, the strap should cover a portion of the latch hook.

(3)For McDonnell Douglas DC-10-10F, DC-10-30, DC-10-30F, DC-10-40, MD-10-30F, MD-11, and MD-11F airplanes: Install spacers in the upper and lower pressure relief latch assemblies of the flight deck door, by doing all actions specified in and according to paragraphs 3.A., 3.C., and 3.D. of C&D Aerospace Service Bulletin B211200-52-02, Revision 1, dated June 3, 2003; or Revision 2, dated September 29, 2003. Modifications Accomplished Per Previous Issues of Service Bulletin

(g)For airplanes listed in Table 2 of this AD: Modifications accomplished before July 25, 2003, in accordance with a service bulletin listed in paragraph (g)(1), (g)(2), or (g)(3) of this AD; as applicable; are considered acceptable for compliance with the corresponding action specified in paragraph

(f)of this AD.

(1)For Boeing Model 737-200, -300, -400, -500, -600, -700, -800, and -900 series airplanes: C&D Aerospace Service Bulletin B221001-52-03, dated December 6, 2002; Revision 1, dated January 2, 2003; or Revision 2, dated February 20, 2003.

(2)For Boeing Model 757-200 and -300 series airplanes: C&D Aerospace Service Bulletin B231001-52-02, dated December 6, 2002; Revision 1, dated January 2, 2003; Revision 2, dated February 20, 2003; or Revision 3, dated March 7, 2003.

(3)For McDonnell Douglas DC-10-10F, DC-10-30, DC-10-30F, DC-10-40, MD-10-30F, MD-11, and MD-11F airplanes: C&D Aerospace Service Bulletin B211200-52-02, dated April 30, 2003. Parts Installation

(h)As of July 25, 2003, no person may install, on any airplane, a reinforced flight deck door having any part number (P/N) listed in paragraph 1.A. of C&D Aerospace Service Bulletin B221001-52-03, Revision 3, dated March 25, 2003; B231001-52-02, Revision 4, dated March 19, 2003; or B211200-52-02, Revision 1, dated June 3, 2003; as applicable; unless the door has been modified as required by paragraph

(f)of this AD. Model 737 and 757 *Series Airplanes:* Revise Maintenance Program

(i)For Boeing Model 737-200, -300, -400, -500, -600, -700, -800, and -900 series airplanes; and Model 757-200 and -300 series airplanes: Within 6 months after July 19, 2005 (the effective date of AD 2005-12-05), revise the FAA-approved maintenance inspection program to include the information specified in C&D Aerospace Report CDRB22-69, Revision E, dated November 8, 2002. Modifications to Flight Deck Door

(j)Modify the reinforced flight deck door by doing all applicable actions specified in the applicable service bulletin listed in Table 3 of this AD at the applicable compliance time specified in that table. Where the applicable service bulletin includes an instruction to install a placard to show that the service bulletin has been accomplished, this AD does not require that action. Table 3.—New Modifications to the Flight Deck Door For these Models— Equipped with a flight deck door assembly having this P/N— Within this compliance time after July 19, 2005— Do all actions in the Accomplishment Instructions of— McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-30, DC-10-30F, DC-10-40, MD-10-30F, MD-11, and MD-11F airplanes B211200 6 months C&D Aerospace Service Bulletin B211200-52-01, Revision 3, dated September 18, 2003. McDonnell Douglas Model MD-11 and MD-11F airplanes B251200 6 months C&D Aerospace Service Bulletin B251200-52-01, dated April 30, 2003. Boeing Model 737-200, -300, -400, -500, -600, -700, -800, and -900 series airplanes; and Model 757-200 and -300 series airplanes B221200 18 months C&D Aerospace Service Bulletin B221200-52-01, Revision 1, dated June 27, 2003. Boeing Model 737-200, -300, -400, -500, -600, -700, -800, and -900 series airplanes B221001 18 months C&D Aerospace Service Bulletin B221001-52-03, Revision 3, dated March 25, 2003; except as provided by paragraph

(k)of this AD. Boeing Model 757-200 and -300 series airplanes B231001 18 months C&D Aerospace Service Bulletin B231001-52-02, Revision 4, dated March 19, 2003; except as provided by paragraph

(k)of this AD. McDonnell Douglas DC-10-10, DC-10-10F, DC-10-30, DC-10-30F, DC-10-40, MD-10-30F, MD-11, and MD-11F airplanes B211200 18 months C&D Aerospace Service Bulletin B211200-52-02, Revision 1, dated June 3, 2003; or Revision 2, dated September 29, 2003; except as provided by paragraph

(k)of this AD.

(k)For airplanes subject to paragraph

(f)of this AD: Actions required by paragraph

(f)of this AD that were done within the compliance time specified in paragraph

(f)of this AD do not need to be repeated in accordance with paragraph

(j)of this AD. Modifications Accomplished Per Previous Issues of Service Bulletin

(l)Modifications accomplished before July 19, 2005, in accordance with an applicable service bulletin listed in Table 4 of this AD are considered acceptable for compliance with the corresponding action specified in paragraph

(j)of this AD. Table 4.—Acceptable Service Information for Previous Modifications Service Bulletin Revision level Date C&D Aerospace Service Bulletin B211200-52-01 Original February 27, 2003. C&D Aerospace Service Bulletin B211200-52-01 1 March 7, 2003. C&D Aerospace Service Bulletin B211200-52-01 2 June 3, 2003. C&D Aerospace Service Bulletin B211200-52-02 Original April 30, 2003. C&D Aerospace Service Bulletin B221001-52-03 Original December 6, 2002. C&D Aerospace Service Bulletin B221001-52-03 1 January 2, 2003. C&D Aerospace Service Bulletin B221001-52-03 2 February 20, 2003. C&D Aerospace Service Bulletin B221200-52-01 Original April 30, 2003. C&D Aerospace Service Bulletin B231001-52-02 Original December 6, 2002. C&D Aerospace Service Bulletin B231001-52-02 1 January 2, 2003. C&D Aerospace Service Bulletin B231001-52-02 2 February 20, 2003. C&D Aerospace Service Bulletin B231001-52-02 3 March 7, 2003. Model 737-200 Series Airplanes: Wiring Modification/Inspection

(m)For Boeing Model 737-200 series airplanes equipped with flight deck door assembly P/N B221001: Within 18 months after July 19, 2005, do paragraphs (m)(1) and (m)(2) of this AD.

(1)Rework the wiring for the flight deck door to relocate a power wire for the flight deck door, in accordance with the Accomplishment Instructions of C&D Aerospace Alert Service Bulletin B221001-52A05, Revision 3, dated October 3, 2003. Actions accomplished before July 19, 2005, in accordance with C&D Aerospace Alert Service Bulletin B221001-52A05, dated April 17, 2003; Revision 1, dated May 14, 2003; or Revision 2, dated June 19, 2003; are acceptable for compliance with the corresponding action required by this paragraph.

(2)Perform a general visual inspection for chafing of wire bundles in the area of the flight deck door and applicable corrective actions by doing all of the actions in the Accomplishment Instructions of C&D Aerospace Alert Service Bulletin B221001-52A02, dated November 5, 2002; except where the service bulletin specifies installing a placard, this AD does not require that action. Any applicable corrective actions must be done before further flight. Note 2: For the purposes of this AD, a general visual inspection is “a visual examination of a interior or exterior area, installation or assembly to detect obvious damage, failure or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to ensure visual access to all surfaces in the inspection area. This level of inspection is made under normal available lighting conditions such as daylight, hangar lighting, flashlight or drop-light and may require removal or opening of access panels or doors. Stands, ladders or platforms may be required to gain proximity to the area being checked.” Parts Installation

(n)As of July 19, 2005, no person may install a reinforced flight deck door under any STC listed in Table 1 of this AD, on any airplane, unless all applicable requirements of this AD have been done on the door. New Requirements of This AD Inspection and Corrective Actions if Necessary for Certain Airplanes

(o)For Boeing Model 737-300, -400, and -500 series airplanes equipped with flight deck door assembly P/N B221001: Within 18 months after the effective date of this AD, do the actions specified in paragraph (m)(2) of this AD. Alternative Methods of Compliance (AMOCs) (p)(1) The Manager, Los Angeles Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

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

(3)AMOCs approved previously in accordance with AD 2005-12-05 are approved as AMOCs for the corresponding provisions of this AD. Issued in Renton, Washington, on December 26, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-708 Filed 1-18-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 38 RIN 2900-AM53 Headstone and Marker Application Process AGENCY: Department of Veterans Affairs. ACTION: Proposed rule. SUMMARY: The Department of Veterans Affairs

(VA)proposes to amend its regulations concerning headstones and markers furnished by the Government through the National Cemetery Administration

(NCA)headstone and marker program. The proposed amendments are necessary to update ordering procedures for headstones and markers and to provide instructions for requesting the addition of a new emblem of belief to VA's list of emblems of belief available for inscription on Government-furnished headstones and markers. The proposed amendments would also establish criteria to guide VA's decisions on requests to add new emblems of belief to the list. DATES: Comments must be received by VA on or before March 20, 2007. ADDRESSES: Written comments may be submitted through *http://www.Regulations.gov;* by mail or hand-delivery to the Director, Regulations Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue, NW., Room 1068, Washington, DC 20420; or by fax to

(202)273-9026. Comments should indicate that they are submitted in response to “RIN 2900-AM53—Headstone and Marker Application Process.” Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call

(202)273-9515 for an appointment. In addition, during the comment period, comments may be viewed online through the Federal Docket Management System

(FDMS)at *http://www.Regulations.gov.* FOR FURTHER INFORMATION CONTACT: Lindee Lenox, Director, Memorial Programs Service, Office of Field Programs, National Cemetery Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Telephone:

(202)501-3100 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: NCA administers VA's memorial benefits programs, which include providing for the interment of eligible deceased veterans, their spouses, and other eligible dependents in national cemeteries. Currently, NCA maintains more than 2.7 million gravesites at 124 national cemeteries in 39 States and Puerto Rico, as well as 33 soldiers' lots and monument sites. Congress has authorized VA to promulgate all necessary rules and regulations to ensure that these cemeteries are maintained as “national shrines as a tribute to our gallant dead” and that graves are appropriately marked. 38 U.S.C. 2403(b) and (c), 2404(a) and (c). Section 2306 of title 38, United States Code, provides that VA shall furnish headstones and markers for the graves of eligible veterans and their eligible family members. Under 38 U.S.C. 2404(c)(1), each grave in a national cemetery “shall be marked with an appropriate marker. Such marker shall bear the name of the person buried, the number of the grave, and such other information as the Secretary [of Veterans Affairs] shall by regulation prescribe.” VA's current regulations describe the process for ordering a headstone or marker and note that the types of Government-furnished headstones, markers, and inscriptions “will be in accordance with policies approved by the Secretary [of Veterans Affairs].” *See* 38 CFR 38.630(a), 38.632. They also provide that inscriptions “will be in accordance with the policies and specifications of the Under Secretary for Memorial Affairs.” 38 CFR 38.630(b). In the National Cemeteries Act of 1973, Pub. L. 93-43, Congress created the National Cemetery System by transferring certain national cemeteries and the headstone and marker program from the Department of the Army to VA's predecessor, the Veterans Administration. At that time, the Department of the Army considered emblems of belief to be an appropriate optional inscription for Government-furnished headstones and markers. VA continued that policy under its management of the program but did not promulgate regulations specifying emblems of belief as an approved type of inscription. In this rule, VA proposes to update ordering procedures for headstones and markers and to clarify its policy for requesting the addition of a new emblem of belief to VA's list of emblems available for inscription on Government-furnished headstones and markers. Under current procedures, headstones and markers are ordered automatically from NCA Memorial Programs Service

(MPS)during the process of arranging an interment or memorialization of an eligible veteran or family member in a national cemetery or a State veterans cemetery that uses the NCA electronic ordering system. The cemetery staff enters the information received from the applicant directly into the NCA electronic ordering system, and no further application is necessary. When burial or memorialization is in a private cemetery or other cemetery that does not use the NCA electronic ordering system, the applicant must complete VA Form 40-1330, Application for Standard Government Headstone or Marker. The form, which may be submitted to the Memorial Programs Service by mail or by fax, provides general information about the headstone and marker benefit, to include information about the types of headstones or markers, eligibility, required identifying information, the application process, inscriptions, required signatures, and available assistance for completing the application. When ordering a Government-furnished headstone or marker, an applicant may request that VA also inscribe an emblem of belief, that represents the belief system of the decedent. The emblems of belief available for inscription on Government-furnished headstones and markers are listed at *http://www.cem.va.gov/cem/hm/hmemb.asp.* Copies of this list are also available upon toll free telephone request to the Memorial Programs Service Applicant Assistance Unit at 1-800-697-6947. VA does not provide inscription of emblems identifying the decedent's affiliation with social, cultural, ethnic, fraternal, trade, professional, or military groups. On occasion, an applicant will request an emblem of belief that is not currently available for inscription. Proposed § 38.632(g) would establish criteria for evaluating a request to add a new emblem of belief to the list currently available for inscription. These criteria are necessary to ensure that: there is an immediate need to inscribe the proposed new emblem of belief on a new, first headstone or marker based on the death of an eligible individual, unless good cause is shown for an exception; the emblem meets the technical production requirements in proposed § 38.632(e)(7); and the affiliated organization does not promote or engage in activity that is illegal or contrary to clear public policy. These criteria also will ensure that the emblem is endorsed by a recognized authority or governing body of the affiliated organization representing a genuine and non-frivolous belief system and that the affiliated organization provides all of the information that VA needs to determine whether an emblem should be made available for headstone and marker inscriptions. VA proposes to define “belief system” in this rule broadly enough to accommodate religious beliefs held by groups of persons without discriminating against belief systems that appear to be secular but assume the functional significance of religious beliefs in the lives of groups of persons. In any event, VA would make no attempt to distinguish among the doctrines of various churches or other groups holding a system of belief, provided the beliefs are genuine and not frivolous, and the churches or other groups do not promote or engage in any activity that is illegal or contrary to clear public policy. While VA has never addressed recognition of belief systems in its regulations, we note that this issue arises in other Government contexts. For example, it is Department of Defense

(DoD)policy to accommodate the free exercise of religion in the military as guaranteed by the Constitution of the United States, provided that it does not interfere with the military mission. *See* DoD Directive 1300.17 (2003). To facilitate this accommodation, DoD appoints military personnel for duty within the Chaplain Corps of each of the service departments. Chaplains must be endorsed by organizations that hold exempt status under section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) as a church for Federal tax purposes. Thus, an Internal Revenue Service

(IRS)determination that an entity is exempt under section 501(c)(3) and classified as a church for purposes of sections 509(a)(1) and 170(b)(1)(A)(i) of the Internal Revenue Code (26 U.S.C. 509(a)(1) and 170(b)(1)(A)(i)) is generally sufficient for purposes of appointing military chaplains. *See* DoD Directive 1304.19 (2004); DoD Instruction 1304.28 (2004). Certain characteristics generally are attributed to churches for Federal tax purposes. These attributes of a church have been identified by the IRS and by court decisions. They include: distinct legal existence; recognized creed and form of worship; definite and distinct ecclesiastical government; formal code of doctrine and discipline; distinct religious history; membership not associated with any other church or denomination; organization of ordained ministers; ordained ministers selected after completing prescribed courses of study; literature of its own; established places of worship; regular congregations; regular religious services; schools for the religious instruction of the young; schools for the preparation of its ministers. The IRS generally uses a combination of these characteristics, together with other facts and circumstances, to determine whether an organization is considered a church for federal tax purposes. The IRS makes no attempt to evaluate the content of whatever doctrine a particular organization claims is religious, provided the particular beliefs of the organization are truly and sincerely held by those professing them and the practices and rites associated with the organization's belief or creed are not illegal or contrary to clearly defined public policy. *See* IRS Publication 1828, Tax Guide for Churches and Religious Organizations. In our view, the IRS criteria for determining whether an organization is a church for Federal income tax purposes may be helpful in determining whether an emblem of belief represents a genuine and not frivolous belief system and should be available for a VA Government-furnished headstone and marker inscription. If the IRS has determined that a group holding a particular belief system is a church under the Internal Revenue Code, we believe that determination should be one of the factors that VA considers in reviewing requests to add a new emblem of belief to the current list of emblems available for inscription on Government-furnished headstones and markers. Accordingly, in § 38.632(g)(2), we propose to state that VA will consider whether the IRS has issued a determination letter to an affiliated organization recognizing the organization as exempt under section 501(c)(3) of the Internal Revenue Code and classifying it as a church for purposes of sections 509(a)(1) and 170(b)(1)(A)(i) of the Code. We also propose to consider whether an affiliated organization that has not sought an IRS determination of its status under section 501(c)(3) appears to have the characteristics generally attributed to churches under IRS guidelines. Under proposed § 38.632(e), affiliated organizations will be required to address these factors and provide supporting documentation when endorsing an applicant's request for a new emblem of belief. Using the evaluation criteria proposed in § 38.632(g) will ensure that available emblems represent only genuine and not frivolous belief systems and that the practices and rites associated with the belief system are not illegal or contrary to clear public policy. Establishing procedures and criteria for the inscription of emblems in this manner will help ensure that VA effectively administers the headstone and marker program, efficiently produces headstones and markers upon request, and fulfills its obligation to maintain VA's cemeteries as national shrines. VA intends to preclude the addition of any emblem that would have an adverse impact on the dignity and solemnity of cemeteries honoring those who served the Nation. Under proposed § 38.632, the process for requesting a new emblem of belief varies based on the place of burial or memorialization. When burial or memorialization is in a Federally-administered cemetery or a State veterans cemetery that uses the NCA electronic ordering system, an applicant must submit a written request to the cemetery director for a headstone or marker bearing a new emblem of belief. The applicant must also arrange for an affiliated organization to endorse the proposed new emblem of belief as representative of the belief system and to submit the supplemental information specified in proposed § 38.632(e). When burial or memorialization is in a private cemetery or other cemetery that does not use the NCA electronic ordering system, the applicant must request a new emblem of belief in the Remarks section of VA Form 40-1330. This applicant must also arrange for an affiliated organization to endorse the proposed new emblem of belief as representative of the belief system and to submit the supplemental information specified in proposed § 38.632(e). VA would only consider requests for the addition of a new emblem of belief on a new, first, Government-furnished headstone or marker for a deceased eligible veteran or family member, unless good cause is shown for an exception. With regard to the good-cause exception, for example, if a request for a new emblem of belief had been denied under previous VA procedures and a Government-furnished headstone or marker had been issued without an inscribed emblem, VA would consider a request for the previously denied emblem under the procedures and requirements of this proposed rule. Requests for new emblems of belief would only be accepted from the decedent's next-of-kin or personal representative. VA would not accept requests from organizations independently seeking the addition of a new emblem of belief. If a new emblem of belief request is received for a deceased eligible individual interred or memorialized in a Federally-administered cemetery or a State veterans cemetery, VA would furnish a headstone or marker without an emblem of belief to mark the grave while the request is being processed. If the requested emblem of belief is subsequently added to VA's list of emblems, VA would furnish a replacement headstone or marker that bears the new emblem of belief. If a request for inscription of a new emblem of belief is received for a deceased eligible veteran interred or memorialized in a private cemetery, the applicant would be able to request that VA furnish a headstone or marker without an emblem to mark the grave while the request is being processed (with the option to replace the headstone or marker if the emblem is made available) or may choose to delay delivery of a headstone or marker to mark the grave until a decision is made. All costs for installation of a Government-furnished headstone or marker in a private cemetery are the responsibility of the applicant. Proper disposal of a replaced headstone or marker is also required to ensure that no portion of the inscription is legible and that the replaced headstone or marker cannot be used for private, personal, or commercial activities. Paperwork Reduction Act Although this proposed rule will impose a new information collection on affiliated organizations that endorse individual requests to add a new emblem of belief to VA's list of emblems available for inscription on Government-furnished headstones and markers, VA has concluded that this new requirement will affect fewer than ten affiliated organizations within any 12-month period. Under 5 CFR 1320.3(c), requests that do not impose a collection of information on ten or more entities within any 12-month period do not constitute a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521). Therefore, this proposed rule contains no provisions constituting a new collection of information. The Office of Management and Budget

(OMB)previously approved all collections of information referenced in this proposed rule under control number 2900-0222. This rule does not change those collections. Executive Order 12866 Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). The Executive Order classifies a “significant regulatory action,” requiring review by the Office of Management and Budget unless OMB waives such review, as any regulatory action that is likely to result in a rule that may:

(1)Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2)Create a serious inconsistency or interfere with an action taken or planned by another agency;

(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. The economic, interagency, budgetary, legal, and policy implications of this proposed rule have been examined, and it has been determined to be a significant regulatory action under the Executive Order because it is likely to result in a rule that may raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. Regulatory Flexibility Act The Secretary hereby certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. The rule may have an insignificant economic impact on the few affiliated organizations that endorse a new emblem of belief and provide supplemental information in support of an individual's request. VA anticipates that fewer than 10 affiliated organizations will be affected by this collection of information in any one year. Therefore, pursuant to 5 U.S.C. 605(b), this rule is exempt from the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in an expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This proposed rule would have no such effect on State, local, and tribal governments, or on the private sector. Catalog of Federal Domestic Assistance Program The Catalog of Federal Domestic Assistance program numbers and titles for this proposed rule are 64.201, National Cemeteries; and 64.202, Procurement of Headstones and Markers and/or Presidential Memorial Certificates. List of Subjects in 38 CFR Part 38 Administrative practice and procedure, Cemeteries, Veterans. Approved: November 7, 2006. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. For the reasons set out in the preamble, VA proposes to amend 38 CFR part 38 to read as follows: PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS 1. The authority citation for part 38 continues to read as follows: Authority: 38 U.S.C. 501(a), unless otherwise noted. 2. Revise § 38.632 to read as follows: § 38.632 Headstone and marker application process.

(a)*General.* This section contains procedures for ordering a Government-furnished headstone or marker through the National Cemetery Administration

(NCA)headstone and marker application process for burial or memorialization of deceased eligible veterans and eligible family members. It also contains procedures for requesting the addition of a new emblem to VA's list of emblems of belief available for inscription on Government-furnished headstones and markers.

(b)*Definitions.* For purposes of this section:

(1)*Affiliated organization* refers to an organization that practices the system of beliefs that were held by a deceased eligible individual and that has a religious purpose. The term “religious purpose” includes a purpose that appears to be secular, but which nevertheless assumes the functional significance of a religious purpose. This term does not refer to any organization representing or affiliated with social, cultural, ethnic, fraternal, trade, professional, or military groups.

(2)*Applicant* refers to the next of kin or personal representative of the deceased eligible individual who applies for a Government-furnished headstone or marker.

(3)*Belief system* refers to a genuine and non-frivolous group of religious opinions, doctrines, and/or principles believed or accepted as true by a group of persons. This term includes a belief system that appears to be secular, but which nevertheless assumes the functional significance of a religion in the lives of a group of persons.

(4)*Emblem of belief* refers to an emblem that represents the belief system of the decedent. It does not include social, cultural, ethnic, fraternal, trade, professional, or military emblems, or any emblem that is obscene or would have an adverse impact on the dignity and solemnity of cemeteries honoring those who served the Nation.

(5)*Federally-administered cemetery* refers to a VA National Cemetery, Arlington National Cemetery, the Soldier's and Airmen's Home National Cemetery, a military post or base cemetery of the Armed Forces, a service department academy cemetery, and a Department of the Interior National Cemetery.

(6)*Headstones and markers* refer to headstones or markers that are furnished by the Government to mark the grave or memorialize a deceased eligible veteran or eligible family member.

(7)*State veterans cemetery* refers to a cemetery operated and maintained by a State or territory for the benefit of deceased eligible veterans or eligible family members.

(c)*Headstone and marker application process.*

(1)Headstones or markers will be ordered automatically during the process of arranging burial or memorialization for a deceased eligible veteran or eligible family member in a national cemetery or a State veterans cemetery that uses the NCA electronic ordering system. Cemetery staff will order a Government-furnished headstone or marker by entering information received from the applicant directly into the NCA electronic ordering system. No further application is required to order a Government-furnished headstone or marker when the cemetery uses the NCA electronic ordering system.

(2)Submission of a completed VA Form 40-1330 (Application for Standard Government Headstone or Marker) is required when a request for a Government-furnished headstone or marker is not made using the NCA electronic ordering system. VA Form 40-1330 provides general information about Government-furnished headstones and markers available to mark the graves of deceased eligible veterans or eligible family members. There is a space in the Remarks section of VA Form 40-1330 for applicants to clarify information or make special requests.

(d)*Emblem of belief application process.* When an applicant requests the addition of a new emblem of belief for inscription on a Government-furnished headstone or marker for a deceased eligible individual, the following procedures will apply: If the burial or memorialization of an eligible individual is in a: The applicant must:

(1)Federally-administered cemetery or a State veterans cemetery that uses the NCA electronic ordering system

(i)Submit a written request to the director of the cemetery where burial is requested indicating that a new emblem of belief is desired for inscription on a Government-furnished headstone or marker; and

(ii)Arrange for an affiliated organization, as defined in paragraph (b)(1) of § 38.632, to provide the supplemental information specified in paragraph

(e)of § 38.632 to the NCA Director of Memorial Programs Service.

(2)Private cemetery (deceased eligible veterans only), Federally-administered cemetery or a State veterans cemetery that does not use the NCA electronic ordering system

(i)Submit a completed VA Form 40-1330 to the NCA Director of Memorial Programs Service, indicating in the REMARKS section of the form that a new emblem of belief is desired; and

(ii)Arrange for an affiliated organization, as defined in paragraph (b)(1) of § 38.632, to provide the supplemental information specified in paragraph

(e)of § 38.632 to the NCA Director of Memorial Programs Service.

(e)*Supplemental information from the affiliated organization.* The supplemental information provided by the affiliated organization must identify the deceased eligible individual for whom a request has been made to add a new emblem to VA's list of emblems of belief available for inscription on Government-furnished headstones and markers. The supplemental information submitted by an affiliated organization also must include the following:

(1)A signed letter from a recognized authority, board of directors or equivalent governing body, for the affiliated organization certifying that:

(i)The proposed new emblem of belief is widely used and recognized as the symbol of a distinct belief system; and

(ii)The affiliated organization endorses adding the emblem to VA's list of emblems of belief available for inscription on Government-furnished headstones and markers.

(2)A copy of an IRS determination letter, if available, recognizing the affiliated organization as exempt under section 501(c)(3) of the Internal Revenue Code and classifying it as a church under sections 509(a)(1) and 170(b)(1)(A)(i) of the Code.

(3)If the organization has not applied for tax-exempt status, a statement explaining the extent to which the organization otherwise meets the characteristics generally attributed to a church by the Internal Revenue Service (IRS), as described in paragraph (g)(10)(ii) of this section.

(4)A concise written description of the main tenets of the affiliated organization's belief system.

(5)Information about the structure of the affiliated organization, including the locations of congregations or other religious membership groups that comprise the affiliated organization.

(6)A statement certifying that the affiliated organization does not promote or engage in any activity that is illegal or contrary to clear public policy.

(7)A three-inch diameter digitized black and white representation of the requested emblem that is free of copyright restrictions and can be reproduced in a production-line environment in stone or bronze without loss of graphic quality.

(f)*Incomplete supplemental information provided by an affiliated organization.* If VA determines that a request to add a new emblem of belief is incomplete, VA will notify the applicant in writing of any missing information and that he or she has 60 days to submit such information or no further action will be taken. If the applicant does not submit all required information or demonstrate that he or she has good cause for failing to provide the information within 60 days of the notice, then the applicant will be notified in writing that the request for a new emblem of belief will be deemed withdrawn and no further action will be taken.

(g)*Evaluation criteria.* The Director of NCA's Office of Field Programs shall forward to the Under Secretary for Memorial Affairs the request, any pertinent records or information, and the Director's recommendation after evaluating whether:

(1)The emblem represents a belief system, as defined in paragraph (b)(3) of this section.

(2)The emblem meets the definition of an emblem of belief, as defined in paragraph (b)(4) of this section.

(3)There is an immediate need to inscribe the emblem on a new, first, Government-furnished headstone or marker for a deceased eligible individual, unless good cause is shown for an exception.

(4)The emblem is endorsed by an affiliated organization, as defined in paragraph (b)(1) of this section.

(5)The affiliated organization endorsing the emblem does not promote or engage in any activity that is illegal or contrary to clear public policy.

(6)The letter provided under paragraph (e)(1) of this section is from a recognized authority, board of directors, or equivalent governing body of the belief system represented by the emblem.

(7)The emblem meets the technical requirements for inscription specified in paragraph (e)(7) of this section.

(8)The affiliated organization provided all of the supplemental information listed in paragraph

(e)of this section. (9)(i) The IRS has determined that the affiliated organization is exempt under section 501(c)(3) of the Internal Revenue Code and is classified as a church under sections 509(a)(1) and 170(b)(1)(A)(i) of the Code; and,

(ii)If the affiliated organization has not applied to the IRS for recognition of tax-exempt status, whether the organization has characteristics generally attributed to a church, such as: a distinct legal existence, a recognized creed and form of worship, a definite and distinct ecclesiastical government, a formal code of doctrine and discipline, a distinct religious history, a membership not associated with any other church or denomination, an organization of ordained ministers, ordained ministers selected after completing prescribed courses of study, a literature of its own, established places of worship, regular congregations, regular religious services, schools for the religious instruction of the young, and schools for the preparation of its ministers.

(h)*Decision by the Under Secretary for Memorial Affairs.* A request to add a new emblem to VA's list of emblems of belief available for inscription on Government-furnished headstones and markers shall be granted if the Under Secretary for Memorial Affairs finds, by a preponderance of the evidence, that the request meets each of the criteria in paragraphs (g)(1) through

(7)of this section. In making that determination, the Under Secretary shall consider the Director of NCA's Office of Field Programs' recommendation and may consider information from any source. The Director of Field Programs will provide the individual who made the request written notice of the decision of the Under Secretary for Memorial Affairs. The decision of the Under Secretary for Memorial Affairs is final. (Authority: 38 U.S.C. 501, 2404) [FR Doc. E7-644 Filed 1-18-07; 8:45 am] BILLING CODE 8320-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-1986-0005; FRL-8271-1] National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; notice of intent to delete the Avenue E Groundwater Contamination Superfund Site from the National Priorities List. SUMMARY: The Environmental Protection Agency,

(EPA)Region V is issuing a notice of intent to delete the Avenue E Groundwater Contamination Superfund Site

(Site)located in Traverse City, Michigan, from the National Priorities List

(NPL)and requests public comments on this notice of intent to delete. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Michigan, through the Michigan Department of Environmental Quality (MDEQ), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. In the “Rules and Regulations” Section of today's **Federal Register** , we are publishing a direct final notice of deletion of the Avenue E Groundwater Contamination Superfund Site without prior notice of intent to delete because we view this as a non-controversial revision and anticipate no adverse comment. We have explained our reasons for this deletion in the preamble to the direct final notice of deletion. If we receive no adverse comment(s) on this notice of deletion or the direct final notice of deletion, we will not take further action on this notice of intent to delete. If we receive timely adverse comment(s), we will withdraw the direct final notice of deletion, and it will not take effect. We will, as appropriate, address all public comments in a subsequent final deletion notice based on adverse comments received on this notice of intent to delete. We will not institute a second comment period on this notice of intent to delete. Any parties interested in commenting must do so at this time. For additional information, see the direct final notice of deletion which is located in the Rules section of this **Federal Register** . DATES: Comments concerning this Site must be received by February 20, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-SFUND-1986-005, by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • *Email: beard.gladys@epa.gov.* • *Fax:* Gladys Beard at

(312)886-4071. • *Mail:* Dave Novak, Community Involvement Coordinator, U.S. EPA (P-19J), 77 W. Jackson, Chicago, Il 60604, 312-886-7478 or 1-800-621-8431. • *Hand Delivery:* Dave Novak, Community Involvement Coordinator, (P-19J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Please see the direct final rule which is located in the Rules section of this **Federal Register** for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Linda Martin, Remedial Project Manager at

(312)886-3854 or Gladys Beard, State NPL Deletion Process Manager at

(312)886-7253 or 1-800-621-8431, Superfund Division, U.S. EPA (SR-6J), 77 W. Jackson, Chicago, IL 60604. SUPPLEMENTARY INFORMATION: For additional information, see the Direct Final Notice of Deletion which is located in the Rules section of this **Federal Register** . *Information Repositories:* Repositories have been established to provide detailed information concerning this decision at the following address: EPA Region V Record Center, 77 W. Jackson, Chicago, IL 60604,

(312)353-5821, Monday through Friday 8 a.m. to 4 pm. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 3 CFR, 1987 Comp., p. 193. Dated: January 9, 2007. Mary A. Gade, Regional Administrator, U.S. EPA Region V. [FR Doc. E7-693 Filed 1-18-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [Docket No. 87-268; DA 07-20] Revisions to Proposed New DTV Table of Allotments—Tentative Channel Designations To Be Added to the DTV Table of Allotments Proposed in the Seventh Further Notice of Proposed Rule Making AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: The Media Bureau announces tentative channel designations for six permittees that attained permittee status during the pendency of the rulemaking proceeding commenced in the *Seventh Further Notice of Proposed Rule Making (“Seventh FNPRM”)* in MB Docket No. 87-268. These tentative channels designations revise the proposed new Digital Television Table of Allotments released in the *Seventh FNPRM* . DATES: Comments are due February 9, 2007 and reply comments are due February 26, 2007. ADDRESSES: You may submit comments, identified by MB Docket No. 87-268, by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. • Federal Communications Commission's Web site: *http://www.fcc.gov/cgb/ecfs/* . Follow the instructions for submitting comments. • People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: *FCC504@fcc.gov* or phone: 202-418-0530 or TTY: 202-418-0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Evan Baranoff, *Evan.Baranoff@fcc.gov,* or Eloise Gore, *Eloise.Gore@fcc.gov,* of the Media Bureau, Policy Division,

(202)418-2120; Nazifa Sawez, *Nazifa.Sawez@fcc.gov,* of the Media Bureau, Video Division,

(202)418-1600; or Alan Stillwell, *Alan.Stillwell@fcc.gov,* of the Office of Engineering and Technology,

(202)418-2470. SUPPLEMENTARY INFORMATION: The Commission recently released a *Seventh Further Notice of Proposed Rule Making* *(“Seventh FNPRM”),* FCC 06-150, released October 20, 2006 in MB Docket No. 87-268 (71 FR 66592, November 15, 2006), finalizing the DTV channel election process and beginning the final stage of the transition of the nation's broadcast television system from analog to digital technology. In the *Seventh FNPRM,* the Commission proposed a new DTV Table of Allotments providing eligible stations with channels for DTV operations after the DTV transition. In paragraph 53 of the *Seventh FNPRM,* the Commission noted that additional pending applications may be granted before an Order finalizing the new DTV Table is adopted. The Commission stated that, to the extent possible, it would accommodate the future new permittees in the proposed new DTV Table and, to provide interested parties with the opportunity to comment, the Media Bureau would issue public notices announcing tentative channel designations

(TCDs)for the new permittees that attain permittee status during the pendancy of the *Seventh FNRPM* rulemaking proceeding. The Commission also directed the Media Bureau to establish separate pleading cycles, if necessary, to give interested parties an opportunity for comment. The Media Bureau hereby announces TCDs for six permittees that attained permittee status during the pendency of the rulemaking proceeding and, therefore, were not reflected in the proposed new DTV Table released on October 20, 2006. Included is a list of these permittees together with the channel we propose to assign the permittee. This information revises the proposed new DTV Table of Allotments of the *Seventh FNPRM.* In addition, we have attached the specific technical facilities—effective radiated power (ERP), antenna height above average terrain (HAAT), antenna radiation pattern, and geographic coordinates—at which we propose to allow these stations to operate after the DTV transition (Appendix). The attachment also includes information on service area and population coverage. Consistent with paragraph 53 of the *Seventh FNPRM,* the Media Bureau hereby invites public comment on these changes to the proposed new DTV Table. Comments on the proposed changes to the new DTV Table outlined herein must be filed no later than February 9, 2007, and reply comments must be filed no later than February 26, 2007. Specific instructions for filing comments are located at paragraphs 71-76 of the item as published in the **Federal Register** and at paragraphs 58-63 of the item as released by the Commission and that appears on the Commission Web site: *http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-150A1.doc.* List of Subjects in 47 CFR Part 73 Digital television, Radio. Federal Communications Commission. Steven A. Broeckaert, Deputy Chief, Policy Division, Media Bureau. Proposed Rule Changes Accordingly, the Federal Communications Commission further proposes to amend 47 CFR part 73, as proposed at 71 FR 66592, November 15, 2006 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336 and 339. 2. Section 73.622 published at 71 FR 66592, November 15, 2006, is further amended in paragraph

(i)by revising the entries set forth below as follows: § 73.622 Digital television table of allotments.

(i)* * * Community Channel No. KANSAS * * * * * Derby 46 * * * * * Topeka *11, 12, 13, 27, 49 MINNESOTA * * * * * Duluth *8, 10, 17, 27, 33 * * * * * MISSOURI * * * * * Osage Beach 49 * * * * * MISSISSIPPI * * * * * Jackson 7, 12, *20, 21, 41, 51 * * * * * OREGON * * * * * Bend *11, 21, 51 * * * * * Note: The following Appendix will not appear in the Code of Federal Regulations. Appendix Facility ID State and city NTSC Chan DTV Chan ERP

(kW)HAAT

(m)Antenna ID Latitude (DDMMSS) Longitude (DDDMMSS) Area (sq km) Population (thousand) % Interference received 166332 KS Derby 46 570 276 72676 374801 973129 23300 712 0 166546 KS Topeka 22 12 3.2 225 77171 390350 954549 15822 440 14 166511 MN Duluth 27 27 50 268 77172 464715 920721 16190 213 0.8 166319 MO Osage Beach 49 49 204 463 77173 374910 924452 27563 605 0 166512 MS Jackson 51 51 184 384 77174 321426 902415 24469 687 0 166534 OR Bend 51 51 84.1 206 75180 440440 1211956 11378 150 0 [FR Doc. E7-722 Filed 1-18-07; 8:45 am] BILLING CODE 6712-01-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA-2005-22061] RIN 2127-AJ56 Identification Requirements for Buses Manufactured in Two or More Stages AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Termination of Rulemaking. SUMMARY: On August 18, 2005, NHTSA published a notice of proposed rulemaking

(NPRM)proposing to amend our certification regulation to require that, in addition to the vehicle identification number (VIN), a suffix that identified attributes about the bus body be recorded on the certification label of each bus manufactured in two or more stages. The NPRM also proposed a new regulation to require manufacturers of buses manufactured in two or more stages to obtain a manufacturer's identifier and to submit information to NHTSA about the bus bodies manufactured. NHTSA has identified an alternative approach to obtain accurate bus accident data for analysis and safety improvement that it believes is more efficient and less burdensome. Therefore, we are terminating this rulemaking. FOR FURTHER INFORMATION CONTACT: For non-legal issues: Charles Hott, Office of Crashworthiness Standards, NVS-113, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. Telephone

(202)366-0247. Fax:

(202)366-4329. For legal issues: Edward Glancy, Office of Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. Telephone:

(202)366-2992. Fax:

(202)366-3820. SUPPLEMENTARY INFORMATION: Background On November 2, 1999, the National Transportation Safety Board

(NTSB)issued safety recommendations to the Department of Transportation

(DOT)to develop standard definitions and classifications for each of the different bus body types and to include these definitions and classifications in the Federal motor vehicle safety standards (FMVSSs). Specifically, NTSB recommended: In 1 year and in cooperation with the bus manufacturers, complete the development of standard definitions and classifications for each of the different bus body types, and include these definitions and classifications in the FMVSS. (NTSB Recommendation No. H-99-43) Once the standard definitions and classifications for each of the different bus types have been established in the Federal motor vehicle safety standards, in cooperation with the National Association of Governors' Highway Safety Representatives, amend the Model Minimum Uniform Crash Criteria's (MMUCC) bus configuration coding to incorporate the FMVSS definitions and standards. (NTSB Recommendation No. H-99-44). The recommendations were a result of an NTSB September 1999 bus safety study titled “Bus Crashworthiness Issues.” During that study, NTSB experienced difficulty in determining detailed descriptive characteristics of buses manufactured in two or more stages from the Fatality Analysis Reporting System

(FARS)database. Although bus body manufacturers are required to certify that their vehicles meet the FMVSSs, they are not required to encode in the certification label affixed to the completed vehicle any descriptive information about the body they install. In June and August of 2000, meetings were held between the Office of the Secretary of the Department of Transportation, NHTSA, Federal Motor Carrier Safety Administration, Federal Transit Administration, NTSB, bus manufacturers, and industry association representatives. At the meetings, the parties discussed whether bus configuration or bus use would be appropriate determining factors in devising a coding scheme for the final stage manufacturers' certification labels and police accident report forms. It was determined that in-service bus uses vary considerably and often change, and therefore, it would be impractical to develop bus definitions based on use. Instead, DOT determined that basic descriptive information such as length and seating configuration could be provided to better identify the type of bus body installed on the chassis. It was also determined that, in addition to the VIN, descriptive information could be encoded on the final stage manufacturer's certification label. When buses are involved in crashes, the VIN is recorded in FARS. The name of the manufacturer is required to be on the certification label, but this information is not typically recorded on the Police Accident Report (PAR). For vehicles manufactured in one stage, the type of vehicle and bus body information is already encoded into the VIN. However, for buses manufactured in more than one stage, the VIN only identifies the incomplete vehicle manufacturer. The final stage manufacturer's name and the bus model are not encoded in the VIN and are not recorded in the PAR. FARS records fatalities in the following bus type categories: intercity, transit, school, other, and unknown. Little is known about the types of buses involved in the fatalities that appear in “other” and “unknown” bus type categories. These buses are typically specialty type buses that are manufactured in two or more stages. They include, for example, buses that are used for shuttle services to and from airports, for transporting the medically fragile or mobility impaired, for transporting people to and from church events, and for shuttling people from one business location to another. These buses usually incorporate a cutaway chassis provided by an incomplete vehicle manufacturer. The bus body is usually manufactured and installed by a final stage manufacturer. The FARS data for the years 2000 through 2004 revealed that there are about twelve fatalities per year that fall within the “other” or “unknown” bus type categories. The current system requires that the VIN be recorded on the PAR filed by the State. However, inaccurate transcription of the VIN on the PAR and subsequently into the FARS database has been a recurring problem. Although the final stage manufacturer's name must be recorded on the certification label, the current system does not require that the police record this information on the PAR. On August 18, 2005, NHTSA published an NPRM to address this issue in the **Federal Register** (70 FR 48507; Docket No. NHTSA-2005-22061). The NPRM proposed to amend Part 567—Certification, to require that a new ten-digit suffix be appended to the VIN on the certification label for buses manufactured in two or more stages. The new suffix would identify the bus body manufacturer and certain attributes about the type of bus, e.g., model number, seat configuration, and bus body length. The NPRM also proposed to add a new Part 584—Buses Manufactured in Two or More Stages, to require that bus body manufacturers of buses manufactured in two or more stages obtain a manufacturer's identifier and provide the descriptive information necessary to decode the suffix. The NPRM proposed that this information be available so that it could be collected and used by researchers and others to better define safety improvements to reduce the number of fatalities and serious injuries in bus crashes. The NPRM also requested comments on the burden to State and local Governments, costs, reduction of transcription errors, and alternative approaches. Summary of Comments The agency received eight comments in response to the NPRM. None of the commenters, except NTSB, supported the proposal. Comments were received from three manufacturers (International Truck and Engine Corporation, Blue Bird Body Company, and Freightliner), and one industry association (National Truck and Equipment Association). Those commenters generally opposed recording the proposed VIN suffix on the certification label and the submittal of information under the proposed Part 584. They alternatively suggested that the name of the bus manufacturer be recorded on the PAR so it could be captured in FARS. Researchers and others seeking more descriptive information about the bus body could then contact the bus body manufacturer for the information about the bus body. These commenters generally disagreed with the cost estimate that was provided in the NPRM and suggested that the real cost would be much higher; however, no estimates of actual costs were provided. The agency also received comments from two individuals, Mr. Jim Lawrence and Mr. Duane E. Bartels. Mr. Lawrence suggested that the proposed Part 584 information be specified in Part 565, “Vehicle Identification Number Requirements.” Mr. Lawrence also suggested that the agency require that manufacturers submit information on a quarterly basis and maintain a database of the manufactured-supplied information. He felt this would reduce transcription errors when recording the information at the crash scene and the burden on State and local Governments in collecting this information. However, Mr. Lawrence did not provide any information on how NHTSA could obtain the crash information without having it recorded on the PAR at the crash scene. Mr. Bartels suggested that buses be required to have the number of seating positions recorded on the certification label for the purposes of inspection so that inspectors could determine whether a commercial driver's license and drug and alcohol testing requirements needed to be met to operate the bus. The agency notes that Mr. Bartels' request is outside the scope of this rulemaking action. A comment was received from the European Commission, Enterprise and Industry Directorat-General which represents the European Union (EU). The European Commission stated, “this new administrative procedure could represent an unnecessary trade obstacle for EU manufacturers.” NTSB stated that although the proposed regulation does not establish bus definitions for the FMVSSs, it does establish identification of bus bodies, and thus classification for the FARS database. NTSB also stated that while not defining bus bodies in the FMVSSs, the proposal would better identify the type of bus in the FARS system, and therefore would satisfy the intent of the NTSB safety recommendations to accurately collect vehicle accident data for analysis and safety improvement. The agency did not receive any comments from States or local jurisdictions on whether they would change the PAR so that the proposed VIN suffix could be captured at the crash scene and subsequently entered in the FARS database. No information was received from the States or local jurisdictions on the burden that this rulemaking action would place on them. Agency Rationale for Terminating Rulemaking NHTSA has decided to terminate the proposed rulemaking because we have identified an alternative approach to obtain more accurate bus accident data for analysis and safety improvement that it believes is more efficient and less burdensome. FARS data and the majority of NHTSA's other data are derived from the PAR. There is no indication that states and local jurisdictions would change the PAR to capture the additional VIN information at the scene of the crash. The agency believes that continuing this rulemaking would not provide improvement to the existing information that is already recorded in the FARS database. It would also place an unnecessary burden on the bus manufacturers and likely cause greater transcription errors in the information collected at the scene of bus crashes. The agency believes that the best way to encourage states to consistently capture information on the PAR is through simplification of data collection at the crash scene, and that changing the MMUCC will accomplish the NTSB intent to improve information collected about bus crashes. The NTSB study leading to its recommendations was based on data in the FARS database for buses prior to the existence of MMUCC. 1 NHTSA has made significant efforts to simplify the data collection techniques at the crash scene and enable the States to collect more accurate data. A 2005 agency review of compliance with the 1998 publication of MMUCC showed that 50 percent of the States had adopted the MMUCC. NHTSA expects even greater adoption in the future because of provisions in the SAFETEA-LU 2 legislation providing grants for States that establish traffic safety information systems to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data collected. This will provide a greater incentive for states to adopt the MMUCC. 1 For more information regarding MMUCC, go to *http://www.mmucc.us.* 2 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The next edition of MMUCC is scheduled to be updated in 2007. NHTSA believes that changing the MMUCC to ensure more efficient and accurate coding of bus accident data at the crash scene will lead to better inclusion of the bus related information on the PAR and consequent improvement of the bus information in FARS and other NHTSA databases. Since this will be more efficient and less burdensome while still achieving the NTSB intent, we have decided to terminate this rulemaking. Authority: 49 U.S.C. 30162; delegations of authority at 49 CFR 1.50 and 49 CFR 501.8. Issued on: January 12, 2007. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E7-654 Filed 1-18-07; 8:45 am] BILLING CODE 4910-59-P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration 49 CFR Parts 1520 and 1580 [Docket No. TSA-2006-26514] RIN 1658-AA51 Rail Transportation Security Notice of Proposed Rulemaking AGENCY: Transportation Security Administration, DHS. ACTION: Notice of public meeting; request for comments. SUMMARY: This document provides the time and location of the public meeting which will be held by the Transportation Security Administration

(TSA)regarding the Notice of Proposed Rulemaking

(NPRM)entitled “Rail Transportation Security,” which was published in the **Federal Register** on December 21, 2006. DATES: The meeting will take place on February 2, 2007, from 10 am to 4 pm. Persons wishing to submit written comments should submit them by February 20, 2007. ADDRESSES: The meeting will be held at the Crystal City Marriott at Reagan National Airport, 1999 Jefferson Davis Highway, Arlington, Virginia 22202 USA, telephone: 703-413-5500. Anyone in need of assistance or a reasonable accommodation for the meeting should contact the person listed under the heading FOR FURTHER INFORMATION CONTACT . In addition, sign and oral interpretation, as well as a listening device, can be made available at the meeting if requested 10 calendar days before the meeting. Arrangements may be made by contacting the person listed under the heading FOR FURTHER INFORMATION CONTACT . TSA invites interested persons to participate in this rulemaking by submitting written comments, data, or views relating to any aspect of rail transportation security. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from this rulemaking action. You may submit comments, identified by the TSA NPRM docket number (TSA-2006-26514) to this rulemaking, using any one of the following methods.

(1)Searching the Department of Transportation's electronic Docket Management System

(DMS)Web page ( *http://dms.dot.gov/search* );

(2)Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html* ; or

(3)Visiting TSA's Security Regulations Web page at *http://www.tsa.gov* and accessing the link for “Research Center” at the top of the page. FOR FURTHER INFORMATION CONTACT: Lisa L. Peña, Freight Rail Security, Transportation Sector Network Management, TSA-28, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220; telephone

(571)227-4414; facsimile

(571)227-2930; e-mail *Lisa.Pena@dhs.gov* . SUPPLEMENTARY INFORMATION: The agenda for the meeting will include a discussion of TSA's Rail Transportation Security NPRM, 71 FR 76852, Dec. 21, 2006. In this NPRM, TSA proposes security requirements for freight railroad carriers; intercity, commuter, and short-haul passenger train service providers; rail transit systems; and rail operations at certain, fixed-site facilities that ship or receive specified hazardous materials by rail. This rule proposes to codify the scope of TSA's existing inspection program and to require regulated parties to allow TSA and Department of Homeland Security

(DHS)officials to enter, inspect, and test property, facilities, and records relevant to rail security. This rule also proposes that regulated parties designate rail security coordinators and report significant security concerns to DHS. TSA further proposes that freight railroad carriers and certain facilities handling certain categories and quantities of hazardous materials ensure a positive and secure chain of custody for those shipments that may transit a high threat urban area. We also propose that these carriers and facilities be equipped to report car location and shipping information to TSA upon request. TSA also proposes to clarify and extend the sensitive security information

(SSI)protections to cover certain information associated with rail transportation. The meeting is open to the public, but attendance is limited to the space available. Members of the public must make advance arrangements to present oral statements at the meeting by contacting the person listed under the heading FOR FURTHER INFORMATION CONTACT . Written comments may be submitted to TSA by providing them to the docket. Information on the docket is listed under the heading ADDRESSES . TSA intends to analyze the public comments and issue a final rule. The information presented at the public meeting should greatly assist TSA in developing proposed standards for rail transportation security. Therefore, TSA looks forward to meeting with the key stakeholders on this topic and exchanging information. Issued in Arlington, Virginia, on January 11, 2007. John Sammon, Assistant Administrator, Transportation Sector Network Management. [FR Doc. E7-671 Filed 1-18-07; 8:45 am] BILLING CODE 9910-05-P 72 12 Friday, January 19, 2007 Notices DEPARTMENT OF AGRICULTURE Agricultural Research Service Notice of Intent To Grant Exclusive License AGENCY: Agricultural Research Service, USDA. ACTION: Notice of intent. SUMMARY: Notice is hereby given that the U.S. Department of Agriculture, Agricultural Research Service, intends to grant to General Chemical Performance Products, LLC of Parsippany, New Jersey, an exclusive license to U.S. Patent Application Serial No. 11/003,540, “Method and Device for Scrubbing Ammonia From Air Exhausted From Animal Rearing Facilities”, filed on December 3, 2004. DATES: Comments must be received within thirty

(30)days of the date of publication of this Notice in the **Federal Register** . ADDRESSES: Send comments to: USDA, ARS, Office of Technology Transfer, 5601 Sunnyside Avenue, Room 4-1174, Beltsville, Maryland 20705-5131. FOR FURTHER INFORMATION CONTACT: June Blalock of the Office of Technology Transfer at the Beltsville address given above; *telephone:* 301-504-5989. SUPPLEMENTARY INFORMATION: The Federal Government's intellectual property rights to this invention are assigned to the United States of America, as represented by the Secretary of Agriculture. It is in the public interest to so license this invention as General Chemical Performance Products, LLC of Parsippany, New Jersey has submitted a complete and sufficient application for a license. The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within thirty

(30)days from the date of this published Notice, the Agricultural Research Service receives written evidence and argument which establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Richard J. Brenner, Assistant Administrator. [FR Doc. E7-675 Filed 1-18-07; 8:45 am] BILLING CODE 3410-03-P DEPARTMENT OF AGRICULTURE Forest Service Tongass National Forest Report Clarification AGENCY: Forest Service, USDA. ACTION: Notice of clarification of a report prepared for the draft environmental impact statement for the Tongass Land and Resource Management Plan Amendment. SUMMARY: A clarification to the Timber Markets Update and Analysis of an Integrated Southeast Alaska Forest Products Industry prepared for the Tongass Land and Resource Management Plan Amendment Draft Environmental Impact Statement is available for review and comment on the following Web site: *http://tongass-fpadjust.net/Documents/McDowellGroupLetter-2006.pdf.* DATES: Any comments on this report may be included with those on Tongass Land and Resource Management Plan Draft Environmental Impact Statement. The 90-day comment period began on January 12, 2007. FOR FURTHER INFORMATION CONTACT: Lee Kramer, Project Team Leader, Forestry Science Laboratory, 2770 Sherwood Land, Suite 2A, Juneau, AK 99801-8545, phone:

(907)586-8811, ext. 225, or e-mail *lkramer@fs.fed.us.* Additional information is available on the Tongass Forest Plan Adjustment Internet site at *www.tongass-fpadjust.net.* Dated: January 10, 2007. Paul K. Brewster, Deputy Regional Forester. [FR Doc. 07-200 Filed 1-18-07; 8:45 am]

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