Unknown. Direct final rule

47,753 words·~217 min read·/register/2007/02/01/07-441

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-02-01.xml --- 72 21 Thursday, February 1, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Federal Crop Insurance Corporation See Foreign Agricultural Service See Forest Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 4680 E7-1630 Animal Animal and Plant Health Inspection Service NOTICES Reports and guidance documents; availability, etc.:

National Animal Identification System; official identification devices with animal identification number, 4680-4681 E7-1719 Census Census Bureau NOTICES Committees; establishment, renewal, termination, etc.: African American Population Census Advisory Committee, 4685-4686 E7-1629 American Indian and Alaska Native Population Census Advisory Committee, 4686-4687 E7-1628 Asian Population Census Advisory Committee, 4687-4688 E7-1627 Native Hawaiian and Other Pacific Islander Population Census Advisory Committee, 4688-4689 E7-1626 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare:

Long-term care hospitals; prospective payment system; annual payment rate updates, policy changes, and clarifications, 4776-4886 07-392 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 07-430 4712-4713 07-431 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 4685 07-465 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Honolulu Captain of Port Zone, HI, 4639-4641 E7-1611 PROPOSED RULES Regattas and marine parades: Severn River, et al. Annapolis, MD, 4669-4671 E7-1613 NOTICES Committees; establishment, renewal, termination, etc.: Towing Safety Advisory Committee, 4722 E7-1612 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-1577 4692-4693 E7-1578 Defense Defense Department PROPOSED RULES Federal Acquisition Regulation (FAR):

Federal Computer Network Architecture, 4675-4676 07-439 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 4693-4695 E7-1594 E7-1596 E7-1597 Grants and cooperative agreements; availability, etc.: Innovation and improvement— Charter School Facilities Program, 4695-4700 E7-1537 Voluntary Public School Choice Program, 4700-4705 E7-1539 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Utah, 4641-4645 E7-1619 Solid wastes: Hazardous waste; identification and listing— Exclusions, 4645-4649 E7-1618 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: South Dakota, 4671-4674 E7-1621 Utah, 4674-4675 E7-1620 NOTICES Agency information collection activities; proposals, submissions, and approvals, 4705-4707 E7-1622 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 4625-4633 E7-1496 Pilatus Aircraft Ltd., 4633-4637 E7-1398 E7-1494 Airworthiness standards:

Special conditions— Aviation Technology Group, Inc., Javelin Model 100 Series airplane, 4618-4625 E7-1609 PROPOSED RULES Airworthiness directives: Cessna, 4663-4669 E7-1604 Airworthiness standards: Special conditions— Aviation Technology Group, Inc.; Javelin Model 100 Series airplane, 4661-4663 E7-1610 NOTICES Environmental statements; notice of intent: Des Moines International Airport, IA; airport property release request, 4764-4765 07-437 Meetings: RTCA Government/Industry Air Traffic Management Advisory Committee, 4765 07-436 RTCA, Inc., 4765 07-434 Reports and guidance documents; availability, etc.:

Advisory circulars, other policy documents, and proposed technical standard orders; availability on agency website, 4765-4766 07-435 Federal Crop Federal Crop Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 4681-4682 E7-1632 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 4707 07-463 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Union Pacific Railroad Co.; withdrawn; public hearing canceled, 4766 E7-1738 Meetings:

Railroad Safety Advisory Committee, 4766-4767 E7-1608 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 4707-4709 E7-1650 E7-1651 Banks and bank holding companies: Formations, acquisitions, and mergers, 4709-4710 E7-1636 E7-1637 Food Food and Drug Administration RULES Medical devices: Hematology and pathology devices— Cord blood processing system and storage container; classification, 4637-4638 E7-1566 NOTICES Agency information collection activities; proposals, submissions, and approvals, 4713 E7-1550 Center for Biologics Evaluation and Research:

Regulatory Site Visit Training Program, 4713-4714 E7-1576 Meetings: University of Arkansas/FDA food labeling workshop, 4714-4715 E7-1570 Reports and guidance documents; availability, etc.: Cord blood processing system and storage container; class II special controls, 4715 E7-1568 Foreign Foreign Agricultural Service NOTICES Adjustment assistance; applications, determinations, etc.: Indiana fresh cut snapdragon producers, 4682 E7-1573 Michigan and Washington concord juice grape producers, 4682 E7-1572 Forest Forest Service NOTICES Environmental statements; notice of intent:

Klamath National Forest, CA, 4683-4685 E7-1606 GSA General Services Administration RULES Acquisition regulations: Recovery products and services; purchasing by State and local governments through Federal supply schedules, 4649-4655 E7-1641 PROPOSED RULES Federal Acquisition Regulation (FAR): Federal Computer Network Architecture, 4675-4676 07-439 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Reports and guidance documents; availability, etc.:

Public Readiness and Emergency Preparedness Act— Pandemic countermeasures; declaration, 4710-4711 E7-1635 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Low income housing: Housing assistance payments (Section 8)— Contract rent annual adjustment factors, 4918-4942 07-453 Interior Interior Department See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 4767-4771 E7-1555 E7-1559 E7-1561 Meetings:

Taxpayer Advocacy Panels, E7-1551 E7-1552 4771-4772 E7-1553 International International Trade Administration NOTICES Antidumping and countervailing duties: Five-year (sunset) reviews— Advance notification, 4690 E7-1656 Initiation of reviews, 4689-4690 E7-1655 International International Trade Commission NOTICES Meetings; Sunshine Act, 4725 07-462 Justice Justice Department NOTICES Pollution control; consent judgments: Agere Systems, Inc. et al., 4725-4726 07-425 City of Wakefield, NE, et al., 07-423 4726-4727 07-424 Foamex International, Inc., et al., 4727 07-426 Land Land Management Bureau NOTICES Public land orders:

Alaska, 4724 E7-1603 Survey plat filings: Nevada, 4724-4725 E7-1574 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Federal Computer Network Architecture, 4675-4676 07-439 NOTICES Agency information collection activities; proposals, submissions, and approvals, 4727-4728 E7-1648 Meetings: Advisory Council Science Committee, 4728 E7-1642 E7-1649 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 4728-4731 E7-1607 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 4716-4717 E7-1587 Meetings:

National Center for Research Resources, 4717 07-451 National Center on Minority Health and Health Disparities, 4717-4718 07-444 07-452 National Heart, Lung, and Blood Institute, 4718 07-447 National Institute of Allergy and Infectious Diseases, 4719-4720 07-445 07-450 National Institute of Biomedical Imaging and Bioengineering, 4718 07-442 National Institute of Diabetes and Digestive and Kidney Diseases, 4718-4719 07-443 National Institute on Aging, 4719-4720 07-449 National Library of Medicine, 4720 07-446 Scientific Review Center, 4720-4722 07-448 NOAA National Oceanic and Atmospheric Administration RULES Marine mammals:

Commercial fishing authorizations— Atlantic Large Whale Take Reduction Plan, 4657-4659 07-441 NOTICES Exempted fishing permit applications, determinations, etc., 4691 07-440 Reports and guidance documents; availability, etc.: Fisheries of Northeast Region, Southeast Region, and Western Pacific; overfishing determinations, 4691-4692 E7-1659 National Park National Park Service NOTICES Meetings: Delaware Water Gap National Recreation Area Citizen Advisory Commission, 4725 07-432 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list, 4615-4618 E7-1644 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 4660-4661 E7-1643 NOTICES Decommissioning plans; sites: Defense Logistics Agency; Curtis Bay Depot, MD, 4734-4736 E7-1647 Defense Logistics Agency; Hammond Depot, IN, 4732-4734 E7-1646 Environmental statements; availability, etc.: Honeywell International, Inc., Morristown, NJ, 4736-4737 E7-1645 *Applications, hearings, determinations, etc.:* University of Missouri, 4731-4732 E7-1633 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline safety:

Technical standards; regulatory references update, 4655-4657 E7-1652 RUS Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 4685 E7-1579 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 4737-4738 E7-1582 E7-1583 Self-regulatory organizations; proposed rule changes: American Stock Exchange, LLC, 4738-4740 E7-1591 Boston Stock Exchange, Inc., 4741 E7-1592 Chicago Board Options Exchange, Inc., 4741-4751 E7-1580 E7-1586 E7-1595 Fixed Income Clearing Corporation, 4751-4752 E7-1616 International Securities Exchange, LLC, 4753-4756 E7-1581 E7-1590 National Association of Securities Dealers, Inc., et al., 4756-4759 E7-1584 NYSE Arca, Inc., 4759-4762 E7-1589 E7-1593 Options Clearing Corp., 4762-4764 E7-1585 E7-1588 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 4764 E7-1625 Surface Surface Transportation Board PROPOSED RULES Fees:

Rail fuel surcharges, 4676-4679 E7-1640 NOTICES Railroad services abandonment: Norfolk Southern Railway Co., 4767 E7-1516 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service RULES Merchandise examination, sampling, and testing: Food, drugs, devices, and cosmetics; condtional release period and customs bond obligations, 4423 [ **Editorial Note:** This document was inadvertently placed under the Homeland Security Department in the **Federal Register** table of contents for January 31, 2007.] MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services PROPOSED RULES Immigration: Benefit application fee schedule adjustment, 4888-4915 E7-1631 NOTICES Agency information collection activities; proposals, submissions, and approvals, 4722-4724 E7-1638 E7-1639 Veterans Veterans Affairs Department NOTICES Medical benefits: Medical care or services; reasonable charges; 2007 calender year update, 4772-4773 E7-1657 Medication copayment rate, 4773 E7-1658 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 4776-4886 07-392 Part III Homeland Security Department, U.S.

Citizenship and Immigration Services, 4888-4915 E7-1631 Part IV Housing and Urban Development Department, 4918-4942 07-453 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 21 Thursday, February 1, 2007 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AI03 List of Approved Spent Fuel Storage Casks:

Standardized NUHOMS ® System Revision 9 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations revising the Transnuclear, Inc., Standardized NUHOMS ® System listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 9 to Certificate of Compliance

(CoC)Number 1004. Amendment No. 9 will modify the CoC by revising Technical Specifications 1.2.1 and 1.2.14 to add the Framatome-ANP, Version 9x9-2 fuel assemblies as approved contents for storage in the NUHOMS ® -61BT dry shielded canister, under the general license provisions of 10 CFR part 72. DATES: The final rule is effective April 17, 2007, unless significant adverse comments are received by March 5, 2007. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. If the rule is withdrawn, timely notice will be published in the **Federal Register** . ADDRESSES: You may submit comments by any one of the following methods. Please include the following number (RIN 3150-AI03) in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available for public inspection. Because your comment will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. *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://rulemaking.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 a.m. and 4:15 p.m. Federal workdays [telephone

(301)415-1966]. *Fax comments to:* Secretary, U.S. Nuclear Regulatory Commission at

(301)415-1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers at the NRC's Public Document Room (PDR), O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Selected documents, including comments, can 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/NRC/ADAMS/index.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 NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov* . An electronic copy of the CoC No. 1004, the proposed Technical Specifications (TS), and the preliminary safety evaluation report

(SER)for Amendment 9 can be found under ADAMS Accession Nos. ML062830065, ML062830067, and ML062830069. CoC No. 1004, the proposed TS, the preliminary SER for Amendment No. 9, and the environmental assessment, are available for inspection at the NRC PDR, 11555 Rockville Pike, Rockville, MD. Single copies of these documents may be obtained from Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6219, e-mail *jmm2@nrc.gov* . FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6219, e-mail *jmm2@nrc.gov* . SUPPLEMENTARY INFORMATION: Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), requires that “[t]he Secretary [of the Department of Energy (DOE)] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.” Section 133 of the NWPA states, in part, that “[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor.” To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule in 10 CFR part 72 entitled, “General License for Storage of Spent Fuel at Power Reactor Sites” (55 FR 29181; July 18, 1990). This rule also established a new Subpart L within 10 CFR part 72, entitled “Approval of Spent Fuel Storage Casks” containing procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on December 22, 1994 (59 FR 65898), that approved the Standardized NUHOMS ® System (NUHOMS ® -24P and -52B) cask designs and added them to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1004. Amendments 3, 5, and 6, respectively, added the -61BT, -32PT, -24PHB designs to the Standardized NUHOMS ® System. Discussion On April 18, 2006, and as supplemented on June 21, 2006, the certificate holder (Transnuclear, Inc.) submitted an application to the NRC to amend CoC No. 1004 to permit a Part 72 licensee to store Framatome-ANP, Version 9x9-2 fuel assemblies (FANP9 9x9-2) in the NUHOMS ® -61BT dry shielded canister. No other changes to the Standardized NUHOMS ® System design were requested in this application. The NRC staff performed a detailed safety evaluation of the proposed CoC amendment request and found that an acceptable safety margin is maintained. In addition, the NRC staff has determined that there continues to be reasonable assurance that public health and safety and the environment will be adequately protected. This direct final rule revises the Standardized NUHOMS® System cask design listing in 10 CFR 72.214 by adding Amendment No. 9 to CoC No. 1004. The amendment consists of changes to the TS that will allow for the addition of the FANP9 9x9-2 fuel assemblies as approved contents for storage in the NUHOMS®-61BT dry shielded canister. The particular TS which are changed are identified in the NRC staff's SER for Amendment No. 9. The amended Standardized NUHOMS® System, when used under the conditions specified in the CoC, the TS, and NRC regulations, will meet the requirements of Part 72; thus, adequate protection of public health and safety will continue to be ensured. Discussion of Amendments by Section Section 72.214 List of Approved Spent Fuel Storage Casks Certificate No. 1004 is revised by adding the effective date of Amendment No. 9. Procedural Background This rule is limited to the changes contained in Amendment 9 to CoC No. 1004 and does not include other aspects of the Standardized NUHOMS® System design. The NRC is using the “direct final rule procedure” to issue this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on April 17, 2007. However, if the NRC receives significant adverse comments by March 5, 2007, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published elsewhere in this **Federal Register** . The NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, in a substantive response:

(a)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;

(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

(3)The comment causes the NRC staff to make a change (other than editorial) to the CoC or TS. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise the Standardized NUHOMS® System design listed in § 72.214 (List of NRC-approved spent fuel storage cask designs). This action does not constitute the establishment of a standard that contains generally applicable requirements. Agreement State Compatibility Under the “Policy Statement on Adequacy and Compatibility of Agreement State Programs” approved by the Commission on June 30, 1997, and published in the **Federal Register** on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category “NRC.” Compatibility is not required for Category “NRC” regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended (AEA), or the provisions of Title 10 of the Code of Federal Regulations. Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws but does not confer regulatory authority on the State. Plain Language The Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883), directed that the Government's documents be in clear and accessible language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES above. Finding of No Significant Environmental Impact: Availability Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in subpart A of 10 CFR part 51, the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has prepared an environmental assessment and, on the basis of this environmental assessment, has made a finding of no significant impact. This rule will amend the CoC for the Standardized NUHOMS® System within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. The amendment will modify the CoC by revising TS 1.2.1 and 1.2.14 to add the FANP9 9x9-2 fuel assemblies as approved contents for storage in the NUHOMS®-61BT dry shielded canister. The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of the environmental assessment and finding of no significant impact are available from Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6219, e-mail *jmm2@nrc.gov* . Paperwork Reduction Act Statement This direct final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, Approval Number 3150-0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 10 CFR 72.214. On December 22, 1994 (59 FR 65898), the NRC issued an amendment to part 72 that approved the Standardized NUHOMS® System design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On April 18, 2006, and as supplemented on June 21, 2006, the certificate holder, Transnuclear, Inc., submitted an application to the NRC to amend CoC No. 1004 to permit a part 72 licensee to use the FANP9 9x9-2 fuel assemblies in the NUHOMS®-61BT dry shielded canister. The alternative to this action is to withhold approval of Amendment No. 9 and to require any part 72 licensee seeking to use Amendment No. 9 to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, each interested part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of the direct final rule is consistent with previous NRC actions. Further, the direct final rule will have no adverse effect on public health and safety. This direct final rule has no significant identifiable impact or benefit on other Government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of the direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and thus, this action is recommended. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only the licensing and operation of nuclear power plants, independent spent fuel storage facilities, and TN. The companies that own these plants do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). Backfit Analysis The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR Chapter I. Therefore, a backfit analysis is not required. Congressional Review Act Under the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget. List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72. PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE 1. The authority citation for part 72 continues to read as follows: Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 2014, 2021, 2021b, 2111). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1004 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. *Certificate Number:* 1004. *Initial Certificate Effective Date:* January 23, 1995. *Amendment Number 1 Effective Date:* April 27, 2000. *Amendment Number 2 Effective Date:* September 5, 2000. *Amendment Number 3 Effective Date:* September 12, 2001. *Amendment Number 4 Effective Date:* February 12, 2002. *Amendment Number 5 Effective Date:* January 7, 2004. *Amendment Number 6 Effective Date:* December 22, 2003. *Amendment Number 7 Effective Date:* March 2, 2004. *Amendment Number 8 Effective Date:* December 5, 2005. *Amendment Number 9 Effective Date:* April 17, 2007. *SAR Submitted by:* Transnuclear, Inc. *SAR Title:* Final Safety Analysis Report for the Standardized NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel. *Docket Number:* 72-1004. *Certificate Expiration Date:* January 23, 2015. *Model Number:* NUHOMS®-24P, -52B, -61BT, -32PT, -24PHB, and -24PTH. Dated at Rockville, Maryland, this 19th day of January, 2007. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. E7-1644 Filed 1-31-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE255; Special Conditions No. 23-195-SC] Special Conditions: Aviation Technology Group (ATG), Inc., Javelin Model 100 Series Airplane; Flight Performance, Flight Characteristics, and Operating Limitations AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for the Aviation Technology Group (ATG), Inc., Javelin Model 100 Series airplane. This airplane will have a novel or unusual design feature(s) associated with engine location, certain performance, flight characteristics and operating limitations necessary for this type of airplane. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to airworthiness standards applicable to these airplanes. DATES: The effective date of these special conditions is January 24, 2007. Comments must be received on or before March 5, 2007. ADDRESSES: Comments on these special conditions may be mailed in duplicate to: Federal Aviation Administration, Regional Counsel, ACE-7, Attention: Rules Docket CE255, 901 Locust, Room 506, Kansas City, Missouri 64106; or delivered in duplicate to the Regional Counsel at the above address. Comments must be marked: CE255. Comments may be inspected in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: J. Lowell Foster, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri, 816-329-4125, fax 816-329-4090. SUPPLEMENTARY INFORMATION: The FAA has determined that notice and opportunity for prior public comment hereon are impracticable because the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon issuance. Comments Invited Interested persons are invited to submit such written data, views, or arguments as they may desire. Communications should identify the regulatory docket or special condition number and be submitted in duplicate to the address specified above. All communications received on or before the closing date for comments will be considered by the Administrator. The special conditions may be changed in light of the comments received. All comments received will be available in the Rules Docket for examination by interested persons, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerning this rulemaking will be filed in the docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must include a self-addressed, stamped postcard on which the following statement is made: “Comments to CE255.” The postcard will be date stamped and returned to the commenter. Background On February 15, 2005, Aviation Technology Group (ATG); 8001 South InterPort Boulevard, Suite 310; Englewood, Colorado 80112-5951, applied for a type certificate for their new Model 100 Javelin airplane in accordance with the airworthiness standards in 14 CFR, part 23. The Javelin is a two-place, twin engine, turbofan-powered light jet airplane with a planned maximum operating altitude of 45,000 feet. Part 23 regulations in effect on the date of ATG's application do not contain adequate or appropriate safety standards for a small, high performance jet airplane such as the Javelin. In accordance with Small Airplane Directorate policy, the safety standards for flight performance, flight characteristics and operational limitations that the Federal Aviation Administration

(FAA)finds necessary to establish an acceptable level of safety for this type of airplane are presented in this special condition. Type Certification Basis Under the provisions of 14 CFR, part 21, § 21.17, ATG must show that the Model 100 meets the applicable provisions of part 23, as amended by Amendment 23-1 through 23-55 thereto. If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 23) do not contain adequate or appropriate safety standards for the ATG Model 100 series because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38, and become part of the type certification basis in accordance with § 21.17(a)(2). Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, the special conditions would also apply to the other model under the provisions of § 21.101(a)(1). In addition to the applicable airworthiness regulations and special conditions, the Model 100 must comply with the part 23 fuel vent and exhaust emission requirements of 14 CFR, part 34 and the part 23 noise certification requirements of 14 CFR part 36; and the FAA must issue a finding of regulatory adequacy pursuant to § 611 of Public Law 92-574, the “Noise Control Act of 1972.” Novel or Unusual Design Features ATG intends to certificate the Javelin in both utility and acrobatic categories. The ATG Javelin Model 100 will incorporate the following novel or unusual design features: • Two-place, tandem configuration. • Maximum takeoff weight of approximately 6,900 pounds. • Design cruise speed of 500 knots calibrated airspeed. • Two Williams FJ33-4A-18M turbofan engines with dual channel FADEC controls. • Major airframe components constructed of carbon fiber composite materials. • Hydraulically boosted flight control system with floor-mounted control sticks. • Integrated avionics including Avidyne displays, autopilot, and flight management. System. Novel features on the ATG Model 100 include rear mounted turbine engines embedded in the fuselage, boosted controls, and high-speed, high-altitude acrobatic capability. Applicability As discussed above, these special conditions are applicable to the ATG Model 100 series. Should ATG apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well under the provisions of § 21.101(a)(1). Conclusion This action affects only certain novel or unusual design features on ATG Model 100 series airplanes. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane. The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. For this reason, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. List of Subjects in 14 CFR Part 23 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 14 CFR 11.38 and 11.19. The Special Conditions Several 14 CFR part 23 paragraphs have been replaced by or supplemented with special conditions. These special conditions have been numbered to match the 14 CFR part 23 paragraphs they replace or supplement. Additionally, many of the other applicable part 23 paragraphs cross-reference paragraphs that are replaced by or supplemented with special conditions. It is implied that the special conditions associated with these paragraphs must be applied. This principal applies to all part 23 paragraphs that cross-reference paragraphs associated with special conditions. Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for the ATG Model 100 series airplanes. 1. SC 23.45 General Instead of compliance with § 23.45, the following apply:

(a)Unless otherwise prescribed, the performance requirements of this part must be met for—

(1)Still air and standard atmosphere; and

(2)Ambient atmospheric conditions, for commuter category airplanes, for reciprocating engine-powered airplanes of more than 6,000 pounds maximum weight, and for turbine engine-powered airplanes.

(b)Performance data must be determined over not less than the following ranges of conditions—

(1)Airport altitudes from sea level to 10,000 feet; and

(2)For reciprocating engine-powered airplanes of more than 6,000 pounds maximum weight and turbine engine-powered airplanes, temperature from standard to 30 °C above standard, or the maximum ambient atmospheric temperature at which compliance with the cooling provisions of § 23.1041 to § 23.1047 is shown, if lower.

(c)Performance data must be determined with the cowl flaps or other means for controlling the engine cooling air supply in the position used in the cooling tests required by § 23.1041 to § 23.1047.

(d)The available propulsive thrust must correspond to engine power, not exceeding the approved power, less—

(1)Installation losses; and

(2)The power absorbed by the accessories and services appropriate to the particular ambient atmospheric conditions and the particular flight condition.

(e)The performance, as affected by engine power or thrust, must be based on a relative humidity:

(1)Of 80 percent at and below standard temperature; and

(2)From 80 percent, at the standard temperature, varying linearly down to 34 percent at the standard temperature plus 50 °F.

(f)Unless otherwise prescribed, in determining the takeoff and landing distances, changes in the airplane's configuration, speed, and power must be made in accordance with procedures established by the applicant for operation in service. These procedures must be able to be executed consistently by pilots of average skill in atmospheric conditions reasonably expected to be encountered in service.

(g)The following, as applicable, must be determined on a smooth, dry, hard-surfaced runway—

(1)Not applicable;

(2)Accelerate-stop distance of SC 23.55;

(3)Takeoff distance and takeoff run of SC 23.59; and

(4)Landing distance of SC 23.75. Note: The effect on these distances of operation on other types of surfaces (for example, grass, gravel) when dry, may be determined or derived and these surfaces listed in the Airplane Flight Manual in accordance with SC 23.1583(p).

(h)The following also apply:

(1)Unless otherwise prescribed, the applicant must select the takeoff, enroute, approach, and landing configurations for the airplane.

(2)The airplane configuration may vary with weight, altitude, and temperature, to the extent that they are compatible with the operating procedures required by paragraph (h)(3) of this section.

(3)Unless otherwise prescribed, in determining the critical-engine-inoperative takeoff performance, takeoff flight path, and accelerate-stop distance, changes in the airplane's configuration, speed, and power must be made in accordance with procedures established by the applicant for operation in service.

(4)Procedures for the execution of discontinued approaches and balked landings associated with the conditions prescribed in SC 23.67(c)(4) and SC 23.77(c) must be established.

(5)The procedures established under paragraphs (h)(3) and (h)(4) of this section must—

(i)Be able to be consistently executed by a crew of average skill in atmospheric conditions reasonably expected to be encountered in service;

(ii)Use methods or devices that are safe and reliable; and

(iii)Include allowance for any reasonably expected time delays in the execution of the procedures. 2. SC 23.51 Takeoff Speeds Instead of compliance with § 23.51, the following apply:

(a)Not applicable.

(b)Not applicable.

(c)The following apply:

(l)V 1 must be established in relation to V EF as follows:

(i)V EF is the calibrated airspeed at which the critical engine is assumed to fail. V EF must be selected by the applicant but must not be less than 1.05 V MC determined under § 23.149(b) or, at the option of the applicant, not less than V MCG determined under § 23.149(f).

(ii)The takeoff decision speed, V 1 , is the calibrated airspeed on the ground at which, as a result of engine failure or other reasons, the pilot is assumed to have made a decision to continue or discontinue the takeoff. The takeoff decision speed, V 1 , must be selected by the applicant but must not be less than V EF plus the speed gained with the critical engine inoperative during the time interval between the instant at which the critical engine is failed and the instant at which the pilot recognizes and reacts to the engine failure, as indicated by the pilot's application of the first retarding means during the accelerate-stop determination of SC 23.55.

(2)The rotation speed, V R , in terms of calibrated airspeed, must be selected by the applicant and must not be less than the greatest of the following:

(i)V 1 ;

(ii)1.05 V MC determined under § 23.149(b);

(iii)1.10 V S1 ; or

(iv)The speed that allows attaining the initial climb-out speed, V 2 , before reaching a height of 35 feet above the takeoff surface in accordance with SC 23.57(c)(2).

(3)For any given set of conditions, such as weight, altitude, temperature, and configuration, a single value of V R must be used to show compliance with both the one-engine-inoperative takeoff and all-engines-operating takeoff requirements.

(4)The takeoff safety speed, V 2 , in terms of calibrated airspeed, must be selected by the applicant so as to allow the gradient of climb required in SC 23.67(c)(1) and (c)(2) but must not be less than 1.10 V MC or less than 1.20 V S1 .

(5)The one-engine-inoperative takeoff distance, using a normal rotation rate at a speed 5 knots less than V R , established in accordance with paragraph (c)(2) of this section, must be shown not to exceed the corresponding one-engine-inoperative takeoff distance, determined in accordance with SC 23.57 and SC 23.59(a)(1), using the established V R . The takeoff, otherwise performed in accordance with SC 23.57, must be continued safely from the point at which the airplane is 35 feet above the takeoff surface and at a speed not less than the established V 2 minus 5 knots.

(6)The applicant must show, with all engines operating, that marked increases in the scheduled takeoff distances, determined in accordance with SC 23.59(a)(2), do not result from over-rotation of the airplane or out-of-trim conditions. 3. SC 23.53 Takeoff Performance Instead of compliance with § 23.53, the following apply:

(a)Not applicable.

(b)Not applicable.

(c)Takeoff performance, as required by SC 23.55 through SC 23.59, must be determined with the operating engine(s) within approved operating limitations. 4. SC 23.55 Accelerate-stop Distance Instead of compliance with § 23.55, the following apply: The accelerate-stop distance must be determined as follows:

(a)The accelerate-stop distance is the sum of the distances necessary to—

(1)Accelerate the airplane from a standing start to V EF with all engines operating;

(2)Accelerate the airplane from V EF to V 1 , assuming the critical engine fails at V EF ; and

(3)Come to a full stop from the point at which V 1 is reached.

(b)Means other than wheel brakes may be used to determine the accelerate-stop distances if that means—

(1)Is safe and reliable;

(2)Is used so that consistent results can be expected under normal operating conditions; and

(3)Is such that exceptional skill is not required to control the airplane. 5. SC 23.57 Takeoff Path Instead of compliance with § 23.57, the following apply: The takeoff path is as follows:

(a)The takeoff path extends from a standing start to a point in the takeoff at which the airplane is 1,500 feet above the takeoff surface at or below which height the transition from the takeoff to the enroute configuration must be completed; and

(1)The takeoff path must be based on the procedures prescribed in SC 23.45;

(2)The airplane must be accelerated on the ground to V EF at which point the critical engine must be made inoperative and remain inoperative for the rest of the takeoff; and

(3)After reaching V EF , the airplane must be accelerated to V 2 .

(b)During the acceleration to speed V 2 , the nose gear may be raised off the ground at a speed not less than V R . However, landing gear retraction must not be initiated until the airplane is airborne.

(c)During the takeoff path determination, in accordance with paragraphs

(a)and

(b)of this section—

(1)The slope of the airborne part of the takeoff path must not be negative at any point;

(2)The airplane must reach V 2 before it is 35 feet above the takeoff surface, and must continue at a speed as close as practical to, but not less than V 2 , until it is 400 feet above the takeoff surface;

(3)At each point along the takeoff path, starting at the point at which the airplane reaches 400 feet above the takeoff surface, the available gradient of climb must not be less than 1.2 percent for two-engine airplanes; and

(4)Except for gear retraction and automatic propeller feathering, the airplane configuration must not be changed, and no change in power that requires action by the pilot may be made, until the airplane is 400 feet above the takeoff surface.

(d)The takeoff path to 35 feet above the takeoff surface must be determined by a continuous demonstrated takeoff.

(e)The takeoff path from 35 feet above the takeoff surface must be determined by synthesis from segments; and

(1)The segments must be clearly defined and must be related to distinct changes in configuration, power, and speed;

(2)The weight of the airplane, the configuration, and the power must be assumed constant throughout each segment and must correspond to the most critical condition prevailing in the segment; and

(3)The Takeoff flight path must be based on the airplane's performance without utilizing ground effect. 6. SC 23.59 Takeoff Distance and Takeoff Run Instead of compliance with § 23.59, the following apply: The takeoff distance and, at the option of the applicant, the takeoff run, must be determined.

(a)Takeoff distance is the greater of—

(1)The horizontal distance along the takeoff path from the start of the takeoff to the point at which the airplane is 35 feet above the takeoff surface as determined under SC 23.57; or

(2)With all engines operating, 115 percent of the horizontal distance from the start of the takeoff to the point at which the airplane is 35 feet above the takeoff surface, determined by a procedure consistent with SC 23.57.

(b)If the takeoff distance includes a clearway, the takeoff run is the greater of—

(1)The horizontal distance along the takeoff path from the start of the takeoff to a point equidistant between the liftoff point and the point at which the airplane is 35 feet above the takeoff surface as determined under SC 23.57; or

(2)With all engines operating, 115 percent of the horizontal distance from the start of the takeoff to a point equidistant between the liftoff point and the point at which the airplane is 35 feet above the takeoff surface, determined by a procedure consistent with SC 23.57. 7. SC 23.61 Takeoff Flight Path Instead of compliance with § 23.61, the following apply: The takeoff flight path must be determined as follows:

(a)The takeoff flight path begins 35 feet above the takeoff surface at the end of the takeoff distance determined in accordance with SC 23.59.

(b)The net takeoff flight path data must be determined so that they represent the actual takeoff flight paths, as determined in accordance with SC 23.57 and with paragraph

(a)of this section, reduced at each point by a gradient of climb equal to 0.8 percent for two-engine airplanes.

(c)The prescribed reduction in climb gradient may be applied as an equivalent reduction in acceleration along that part of the takeoff flight path at which the airplane is accelerated in level flight. 8. SC 23.63 Climb: General Instead of compliance with § 23.63, the following apply:

(a)Compliance with the requirements of §§ 23.65, 23.66, SC 23.67, 23.69, and SC 23.77 must be shown—

(1)Out of ground effect; and

(2)At speeds that are not less than those at which compliance with the powerplant cooling requirements of §§ 23.1041 to 23.1047 has been demonstrated; and

(3)Unless otherwise specified, with one engine inoperative, at a bank angle not exceeding 5 degrees.

(b)Not applicable.

(c)Not applicable.

(d)Compliance must be shown at weights as a function of airport altitude and ambient temperature within the operational limits established for takeoff and landing, respectively, with—

(1)SC 23.67(c)(1), SC 23.67(c)(2), and SC 23.67(c)(3) for takeoff; and

(2)SC 23.67(c)(3), SC 23.67(c)(4), and SC 23.77(c) for landing. 9. SC 23.66 Takeoff Climb: One-engine Inoperative Instead of compliance with § 23.66, see SC 23.67. 10. SC 23.67 Climb: One Engine Inoperative Instead of compliance with § 23.67, the following apply:

(a)Not applicable.

(b)Not applicable.

(c)The following apply:

(1)*Takeoff; landing gear extended.* The steady gradient of climb at the altitude of the takeoff surface must be measurably positive for two-engine airplanes with—

(i)The critical engine inoperative and its propeller in the position it rapidly and automatically assumes;

(ii)The remaining engine(s) at takeoff power;

(iii)The landing gear extended, and all landing gear doors open;

(iv)The wing flaps in the takeoff position(s);

(v)The wings level; and

(vi)A climb speed equal to V 2 .

(2)*Takeoff; landing gear retracted.* The steady gradient of climb at an altitude of 400 feet above the takeoff surface must be not less than 2.0 percent of two-engine airplanes with—

(i)The critical engine inoperative and its propeller in the position it rapidly and automatically assumes;

(ii)The remaining engine(s) at takeoff power;

(iii)The landing gear retracted;

(iv)The wing flaps in the takeoff position(s);

(v)A climb speed equal to V 2 .

(3)*Enroute.* The steady gradient of climb at an altitude of 1,500 feet above the takeoff or landing surface, as appropriate, must be not less than 1.2 percent for two-engine airplanes with—

(i)The critical engine inoperative and its propeller in the minimum drag position;

(ii)The remaining engine(s) at not more than maximum continuous power;

(iii)The landing gear retracted;

(iv)The wing flaps retracted; and

(v)A climb speed not less than 1.2 V S1 .

(4)*Discontinued approach.* The steady gradient of climb at an altitude of 400 feet above the landing surface must be not less than 2.1 percent for two-engine airplanes with—

(i)The critical engine inoperative and its propeller in the minimum drag position;

(ii)The remaining engine(s) at takeoff power;

(iii)Landing gear retracted;

(iv)Wing flaps in the approach position(s) in which V S1 for these position(s) does not exceed 110 percent of the V S1 for the related all-engines-operating landing position(s); and

(v)A climb speed established in connection with normal landing procedures but not exceeding 1.5 V S1 . 11. SC 23.73 Reference Landing Approach Speed Instead of compliance with § 23.73, the following apply:

(a)Not applicable.

(b)Not applicable.

(c)The reference landing approach speed, V REF , must not be less than the greater of 1.05 V MC , determined in § 23.149(c), and 1.3 V SO . 12. SC 23.77 Balked Landing Instead of compliance with § 23.77, the following apply:

(a)Not applicable.

(b)Not applicable.

(c)Each airplane must be able to maintain a steady gradient of climb of at least 3.2 percent with—

(1)Not more than the power that is available on each engine eight seconds after initiation of movement of the power controls from the minimum flight idle position;

(2)Landing gear extended;

(3)Wing flaps in the landing position; and

(4)A climb speed equal to V REF , as defined in SC 23.73(c). 13. SC 23.177 Static Directional and Lateral Stability Instead of compliance with § 23.177, the following apply:

(a)The static directional stability, as shown by the tendency to recover from a wings-level sideslip with the rudder free, must be positive for any landing gear and flap position appropriate to the takeoff, climb, cruise, approach, and landing configurations. This must be shown with symmetrical power up to maximum continuous power, and at speeds from 1.2 V S1 up to V FE , V LE , or V FC / M FC (as appropriate). The angle of sideslip for these tests must be appropriate to the type of airplane. At larger angles of sideslip, up to that at which full rudder is used or a control force limit in § 23.143 is reached, whichever occurs first, and at speeds from 1.2 V S1 to V O , the rudder pedal force must not reverse.

(b)The static lateral stability, as shown by the tendency to raise the low wing in a sideslip, must be positive for all landing gear and flap positions. This must be shown with symmetrical power up to 75 percent of maximum continuous power at speeds above 1.2 V S1 in the takeoff configuration(s) and at speeds above 1.3 V S1 in other configurations, up to V FE , V LE , or V FC / M FC (as appropriate) for the configuration being investigated, in the takeoff, climb, cruise, and approach configurations. For the landing configuration, the power must be that necessary to maintain a 3 degree angle of descent in coordinated flight. The static lateral stability must not be negative at 1.2 V S1 in the takeoff configuration, or at 1.3 V S1 in other configurations. The angle of sideslip for these tests must be appropriate to the type of airplane, but in no case may the constant heading sideslip angle be less than that obtainable with a 10 degree bank or, if less, the maximum bank angle obtainable with full rudder deflection or 150 pound rudder force.

(c)Paragraph

(b)of this section does not apply to acrobatic category airplanes certificated for inverted flight.

(d)In straight, steady slips at 1.2 V S1 for any landing gear and flap positions, and for any symmetrical power conditions up to 50 percent of maximum continuous power, the aileron and rudder control movements and forces must increase steadily, but not necessarily in constant proportion, as the angle of sideslip is increased up to the maximum appropriate to the type of airplane. At larger slip angles, up to the angle at which the full rudder or aileron control is used or a control force limit contained in § 23.143 is reached, the aileron and rudder control movements and forces must not reverse as the angle of sideslip is increased. Rapid entry into, and recovery from, a maximum sideslip considered appropriate for the airplane must not result in uncontrollable flight characteristics. 14. SC 23.201(e) Wings Level Stall Instead of compliance with § 23.201(e), the following apply:

(e)Compliance with the requirements of this section must be shown under the following conditions:

(1)The flaps, landing gear, and speedbrakes in any likely combination of positions and altitudes appropriate for the various positions.

(2)Thrust—

(i)Idle; and

(ii)The thrust necessary to maintain level flight at 1.6 V S1 (where V S1 corresponds to the stalling speed with flaps in the approach position, the landing gear retracted, and maximum landing weight).

(3)Trim at 1.4 V S1 or the minimum trim speed, whichever is higher. 15. SC 23.203(c) Turning Flight and Accelerated Turning Stalls Instead of compliance with § 23.203(c), the following apply:

(c)Compliance with the requirements of this section must be shown under the following conditions:

(1)The flaps, landing gear, and speedbrakes in any likely combination of positions and altitudes appropriate for the various positions.

(2)Thrust—

(i)Idle; and

(3)Trim at 1.4 V S1 or the minimum trim speed, whichever is higher. 16. SC 23.251 Vibration and Buffeting Instead of compliance with § 23.251, the following apply:

(a)The airplane must be demonstrated in flight to be free from any vibration and buffeting that would prevent continued safe flight in any likely operating condition.

(b)Each part of the airplane must be shown in flight to be free from excessive vibration under any appropriate speed and thrust conditions up to V DF / M DF . The maximum speeds shown must be used in establishing the operating limitations of the airplane in accordance with special condition SC 23.1505.

(c)Except as provided in paragraph

(d)of this special condition, there may be no buffeting condition, in normal flight, including configuration changes during cruise, severe enough to interfere with the control of the airplane, to cause excessive fatigue to the crew, or to cause structural damage. Stall warning buffeting within these limits is allowable.

(d)There may be no perceptible buffeting condition in the cruise configuration in straight flight at any speed up to V MO / M MO , except that stall warning buffeting is allowable.

(e)With the airplane in the cruise configuration, the positive maneuvering load factors at which the onset of perceptible buffeting occurs must be determined for the ranges of airspeed or Mach number, weight, and altitude for which the airplane is to be certified. The envelopes of load factor, speed, altitude, and weight must provide a sufficient range of speeds and load factors for normal operations. Probable inadvertent excursions beyond the boundaries of the buffet onset envelopes may not result in unsafe conditions. 17. SC 23.253 High Speed Characteristics Instead of compliance with § 23.253, the following apply:

(a)*Speed increase and recovery characteristics.* The following speed increase and recovery characteristics must be met:

(1)Operating conditions and characteristics likely to cause inadvertent speed increases (including upsets in pitch and roll) must be simulated with the airplane trimmed at any likely cruise speed up to V MO / M MO . These conditions and characteristics include gust upsets, inadvertent control movements, low stick force gradient in relation to control friction, passenger movement, leveling off from climb, and descent from Mach to airspeed limit altitudes.

(2)Allowing for pilot reaction time after effective inherent or artificial speed warning occurs, it must be shown that the airplane can be recovered to a normal attitude and its speed reduced to V MO / M MO , without:

(i)Exceptional piloting strength or skill;

(ii)Exceeding V D / M D , V DF / M DF , or the structural limitations; and

(iii)Buffeting that would impair the pilot's ability to read the instruments or control the airplane for recovery.

(3)There may be no control reversal about any axis at any speed up to V DF / M DF . Any reversal of elevator control force or tendency of the airplane to pitch, roll, or yaw must be mild and readily controllable, using normal piloting techniques.

(b)*Maximum speed for stability characteristics* , V FC /M FC . V FC /M FC is the maximum speed at which the requirements of § 23.175(b)(1), special condition SC 23.177, and 23.181 must be met with flaps and landing gear retracted. It may not be less than a speed midway between V MO /M MO and V DF /M DF except that, for altitudes where Mach number is the limiting factor, M FC need not exceed the Mach number at which effective speed warning occurs. 18. SC 23.255 Out of Trim Characteristics In the absence of specific requirements for out-of-trim characteristics, apply the following:

(a)From an initial condition with the airplane trimmed at cruise speeds up to V MO /M MO , the airplane must have satisfactory maneuvering stability and controllability with the degree of out-of-trim in both the airplane nose-up and nose-down directions, which results from the greater of the following:

(1)A three-second movement of the longitudinal trim system at its normal rate for the particular flight condition with no aerodynamic load (or an equivalent degree of trim for airplanes that do not have a power-operated trim system), except as limited by stops in the trim system, including those required by § 23.655(b) for adjustable stabilizers; or

(2)The maximum mis-trim that can be sustained by the autopilot while maintaining level flight in the high speed cruising condition.

(b)In the out-of-trim condition specified in paragraph

(a)of this special condition, when the normal acceleration is varied from +1 g to the positive and negative values specified in paragraph

(c)of this special condition, the following apply:

(1)The stick force versus g curve must have a positive slope at any speed up to and including V FC /M FC ; and

(2)At speeds between V FC /M FC and V DF /M DF , the direction of the primary longitudinal control force may not reverse.

(c)Except as provided in paragraph

(d)and

(e)of this special condition, compliance with the provisions of paragraph

(a)of this special condition must be demonstrated in flight over the acceleration range as follows:

(1)−1 g to +2.5 g; or

(2)0 g to 2.0 g, and extrapolating by an acceptable method to −1 g and +2.5 g.

(d)If the procedure set forth in paragraph (c)(2) of this special condition is used to demonstrate compliance and marginal conditions exist during flight test with regard to reversal of primary longitudinal control force, flight tests must be accomplished from the normal acceleration at which a marginal condition is found to exist to the applicable limit specified in paragraph (b)(1) of this special condition.

(e)During flight tests required by paragraph

(a)of this special condition, the limit maneuvering load factors, prescribed in §§ 23.333(b) and 23.337, need not be exceeded. Also, the maneuvering load factors associated with probable inadvertent excursions beyond the boundaries of the buffet onset envelopes determined under SC 23.251(e), need not be exceeded. In addition, the entry speeds for flight test demonstrations at normal acceleration values less than 1 g must be limited to the extent necessary to accomplish a recovery without exceeding V DF /M DF .

(f)In the out-of-trim condition specified in paragraph

(a)of this special condition, it must be possible from an overspeed condition at V DF /M DF to produce at least 1.5 g for recovery by applying not more than 125 pounds of longitudinal control force using either the primary longitudinal control alone or the primary longitudinal control and the longitudinal trim system. If the longitudinal trim is used to assist in producing the required load factor, it must be shown at V DF /M DF that the longitudinal trim can be actuated in the airplane nose-up direction with the primary surface loaded to correspond to the least of the following airplane nose-up control forces:

(1)The maximum control forces expected in service, as specified in §§ 23.301 and 23.397.

(2)The control force required to produce 1.5 g.

(3)The control force corresponding to buffeting or other phenomena of such intensity that is a strong deterrent to further application of primary longitudinal control force. 19. SC 23.703 Takeoff Warning System Unless it can be shown that a lift or longitudinal trim device that affects the takeoff performance of the aircraft would not give an unsafe takeoff configuration when selected out of an approved takeoff position, a takeoff warning system must be installed and meet the following requirements:

(a)The system must provide to the pilots an aural warning that is automatically activated during the initial portion of the takeoff roll if the airplane is in a configuration that would not allow a safe takeoff. The warning must continue until—

(1)The configuration is changed to allow safe takeoff, or

(2)Action is taken by the pilot to abandon the takeoff roll.

(b)The means used to activate the system must function properly for all authorized takeoff power settings and procedures and throughout the ranges of takeoff weights, altitudes, and temperatures for which certification is requested. 20. SC 23.735 Brakes In addition to paragraphs (a), (b), (c), and (d), the following apply:

(e)The rejected takeoff brake kinetic energy capacity rating of each main wheel brake assembly must not be less than the kinetic energy absorption requirements determined under either of the following methods—

(1)The brake kinetic energy absorption requirements must be based on a conservative rational analysis of the sequence of events expected during a rejected takeoff at the design takeoff weight.

(2)Instead of a rational analysis, the kinetic energy absorption requirements for each main wheel brake assembly may be derived from the following formula— ER01FE07.000 KE = Kinetic energy per wheel (ft.-lbs.); W = Design takeoff weight (lbs.); V = Ground speed, in knots, associated with the maximum value of V 1 selected in accordance with SC 23.51(c)(1); N = Number of main wheels with brakes. 21. SC 23.1323 Airspeed Indicating System In addition to paragraphs (a), (b), (c), and (d), the following apply:

(e)In addition, the airspeed indicating system must be calibrated to determine the system error during the accelerate-takeoff ground run. The ground run calibration must be obtained between 0.8 of the minimum value of V 1 , and 1.2 times the maximum value of V 1 considering the approved ranges of altitude and weight. The ground run calibration must be determined assuming an engine failure at the minimum value of V 1 .

(f)Where duplicate airspeed indicators are required, their respective pitot tubes must be far enough apart to avoid damage to both tubes in a collision with a bird. 22. SC 23.1505 Airspeed Limitations Instead of compliance with § 23.1505(a), the following apply:

(a)The maximum operating limit speed (V MO /M MO -airspeed or Mach number, whichever is critical at a particular altitude) is a speed that may not be deliberately exceeded in any regime of flight (climb, cruise, or descent), unless a higher speed is authorized for flight test or pilot training operations. V MO /M MO must be established so that it is not greater than the design cruising speed V C/ M C and so that it is sufficiently below V D /M D or V DF /M DF , to make it highly improbable that the latter speeds will be inadvertently exceeded in operations. The speed margin between V MO /M MO and V D /M D or V DF /M DF may not be less than that determined under § 23.335(b) or found necessary in the flight test conducted under SC 23.253. 23. SC 23.1583 Operating Limitations Instead of compliance with § 23.1583, the following apply: The Airplane Flight Manual must contain operating limitations determined under this part 23, including the following—

(a)*Airspeed limitations.* The following information must be furnished:

(1)Information necessary for the marking of the airspeed limits on the indicator as required in § 23.1545, and the significance of each of those limits and of the color coding used on the indicator.

(2)The speeds V MC , V O , V LE , and V LO , if established, and their significance.

(3)In addition, for turbine powered airplanes—

(i)The maximum operating limit speed, V MO / M MO and a statement that this speed must not be deliberately exceeded in any regime of flight (climb, cruise or descent) unless a higher speed is authorized for flight test or pilot training;

(ii)If an airspeed limitation is based upon compressibility effects, a statement to this effect and information as to any symptoms, the probable behavior of the airplane, and the recommended recovery procedures; and

(iii)The airspeed limits must be shown in terms of V MO / M MO instead of V NO and V NE .

(b)*Powerplant limitations.* The following information must be furnished:

(1)Limitations required by § 23.1521.

(2)Explanation of the limitations, when appropriate.

(3)Information necessary for marking the instruments required by § 23.1549 through § 23.1553.

(c)*Weight* . The airplane flight manual must include—

(1)The maximum weight; and

(2)The maximum landing weight, if the design landing weight selected by the applicant is less than the maximum weight.

(3)Not applicable.

(4)The maximum takeoff weight for each airport altitude and ambient temperature within the range selected by the applicant at which—

(i)The airplane complies with the climb requirements of SC 23.63(d)(1); and

(ii)The accelerate-stop distance determined under SC 23.55 is equal to the available runway length plus the length of any stopway, if utilized; and either:

(iii)The takeoff distance determined under SC 23.59(a) is equal to the available runway length; or

(iv)At the option of the applicant, the takeoff distance determined under SC 23.59(a) is equal to the available runway length plus the length of any clearway and the takeoff run determined under SC 23.59(b) is equal to the available runway length.

(5)The maximum landing weight for each airport altitude within the range selected by the applicant at which—

(i)The airplane complies with the climb requirements of SC 23.63(d)(2) for ambient temperatures within the range selected by the applicant; and

(ii)The landing distance determined under SC 23.75 for standard temperatures is equal to the available runway length.

(6)The maximum zero wing fuel weight, where relevant, as established in accordance with § 23.343.

(d)*Center of gravity.* The established center of gravity limits.

(e)*Maneuvers.* The following authorized maneuvers, appropriate airspeed limitations, and unauthorized maneuvers, as prescribed in this section.

(1)Not applicable.

(2)Not applicable.

(3)*Acrobatic category airplanes.* A list of approved flight maneuvers demonstrated in type flight tests, together with recommended entry speeds and any other associated limitations.

(4)Not applicable.

(5)Not applicable.

(f)*Maneuver load factor.* The positive limit load factors in g's, and, in addition, the negative limit load factor for acrobatic category airplanes.

(g)*Minimum flight crew.* The number and functions of the minimum flight crew determined under § 23.1523.

(h)*Kinds of operation.* A list of the kinds of operation to which the airplane is limited or from which it is prohibited under § 23.1525, and also a list of installed equipment that affects any operating limitation and identification as to the equipment's required operational status for the kinds of operation for which approval has been given.

(i)*Maximum operating altitude.* The maximum altitude established under § 23.1527.

(j)*Maximum passenger seating configuration.* The maximum passenger seating configuration.

(k)*Allowable lateral fuel loading.* The maximum allowable lateral fuel loading differential, if less than the maximum possible.

(l)*Baggage and cargo loading.* The following information for each baggage and cargo compartment or zone—

(1)The maximum allowable load; and

(2)The maximum intensity of loading.

(m)*Systems.* Any limitations on the use of airplane systems and equipment.

(n)*Ambient temperatures.* Where appropriate, maximum and minimum ambient air temperatures for operation.

(o)*Smoking.* Any restrictions on smoking in the airplane.

(p)*Types of surface.* A statement of the types of surface on which operations may be conducted. (See SC 23.45(g) and SC 23.1587(a)(4) and (d)(4).) 24. SC 23.1585 Operating Procedures Instead of compliance with § 23.1585, the following apply:

(a)For all airplanes, information concerning normal, abnormal (if applicable), and emergency procedures and other pertinent information necessary for safe operation and the achievement of the scheduled performance must be furnished, including—

(1)An explanation of significant or unusual flight or ground handling characteristics;

(2)The maximum demonstrated values of crosswind for takeoff and landing, and procedures and information pertinent to operations in crosswinds;

(3)A recommended speed for flight in rough air. This speed must be chosen to protect against the occurrence, as a result of gusts, of structural damage to the airplane and loss of control (for example, stalling);

(4)Procedures for restarting any turbine engine in flight, including the effects of altitude; and

(5)Procedures, speeds, and configuration(s) for making a normal approach and landing, in accordance with SC 23.73 and SC 23.75, and a transition to the balked landing condition.

(6)Not applicable.

(b)Not applicable.

(c)In addition to paragraph

(a)of this section, for all multiengine airplanes, the following information must be furnished:

(1)Procedures, speeds, and configuration(s) for making an approach and landing with one engine inoperative;

(2)Procedures, speeds, and configuration(s) for making a balked landing with one engine inoperative and the conditions under which a balked landing can be performed safely, or a warning against attempting a balked landing;

(3)The V SSE determined in § 23.149; and

(4)Procedures for restarting any engine in flight including the effects of altitude.

(d)Not applicable.

(e)Not applicable.

(f)In addition to paragraphs

(a)and

(c)of this section, the information must include the following:

(1)Procedures, speeds, and configuration(s) for making a normal takeoff.

(2)Procedures and speeds for carrying out an accelerate-stop in accordance with § 23.55.

(3)Procedures and speeds for continuing a takeoff following engine failure in accordance with § 23.59(a)(1) and for following the flight path determined under § 23.57 and § 23.61(a).

(g)Information identifying each operating condition in which the fuel system independence prescribed in § 23.953 is necessary for safety must be furnished, together with instructions for placing the fuel system in a configuration used to show compliance with that section.

(h)For each airplane showing compliance with § 23.1353(g)(2) or (g)(3), the operating procedures for disconnecting the battery from its charging source must be furnished.

(i)Information on the total quantity of usable fuel for each fuel tank, and the effect on the usable fuel quantity, as a result of a failure of any pump, must be furnished.

(j)Procedures for the safe operation of the airplane's systems and equipment, both in normal use and in the event of malfunction, must be furnished. 25. SC 23.1587 Performance Information Instead of compliance with § 23.1587, the following apply: Unless otherwise prescribed, performance information must be provided over the altitude and temperature ranges required by SC 23.45(b).

(a)For all airplanes, the following information must be furnished—

(1)The stalling speeds V SO and V S1 with the landing gear and wing flaps retracted, determined at maximum weight under § 23.49, and the effect on these stalling speeds of angles of bank up to 60 degrees;

(2)The steady rate and gradient of climb with all engines operating, determined under § 23.69(a);

(3)The landing distance, determined under SC 23.75 for each airport altitude and standard temperature, and the type of surface for which it is valid;

(4)The effect on landing distances of operation on other than smooth hard surfaces, when dry, determined under SC 23.45(g); and

(5)The effect on landing distances of runway slope and 50 percent of the headwind component and 150 percent of the tailwind component.

(b)Not applicable.

(c)Not applicable.

(d)In addition to paragraph

(a)of this section the following information must be furnished—

(1)The accelerate-stop distance determined under SC 23.55;

(2)The takeoff distance determined under SC 23.59(a);

(3)At the option of the applicant, the takeoff run determined under SC 23.59(b);

(4)The effect on accelerate-stop distance, takeoff distance and, if determined, takeoff run, of operation on other than smooth hard surfaces, when dry, determined under SC 23.45(g);

(5)The effect on accelerate-stop distance, takeoff distance, and if determined, takeoff run, of runway slope and 50 percent of the headwind component and 150 percent of the tailwind component;

(6)The net takeoff flight path determined under SC 23.61(b);

(7)The enroute gradient of climb/descent with one engine inoperative, determined under § 23.69(b);

(8)The effect, on the net takeoff flight path and on the enroute gradient of climb/descent with one engine inoperative, of 50 percent of the headwind component and 150 percent of the tailwind component;

(9)Overweight landing performance information (determined by extrapolation and computed for the range of weights between the maximum landing and maximum takeoff weights) as follows—

(i)The maximum weight for each airport altitude and ambient temperature at which the airplane complies with the climb requirements of SC 23.63(d)(2); and

(ii)The landing distance determined under SC 23.75 for each airport altitude and standard temperature.

(10)The relationship between IAS and CAS determined in accordance with § 23.1323(b) and (c).

(11)The altimeter system calibration required by § 23.1325(e). Issued in Kansas City, Missouri on January 24, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-1609 Filed 1-31-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26323; Directorate Identifier 2006-NM-150-AD; Amendment 39-14918; AD 2007-03-07] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is superseding an existing airworthiness directive

(AD)that applies to all Boeing Model 737 airplanes. The existing AD currently requires installation of a new rudder control system and changes to the adjacent systems to accommodate that new rudder control system. For certain airplanes, this new AD adds, among other actions, repetitive tests of the force fight monitor of the main rudder power control unit (PCU), repetitive tests of the standby hydraulic actuation system, and corrective action; as applicable. For those airplanes, this new AD also adds, among other actions, replacement of both input control rods of the main rudder PCU and the input control rod of the standby rudder PCU with new input control rods, as applicable, which ends the repetitive tests. For certain other airplanes, this new AD adds installation of an enhanced rudder control system in accordance with new service information. This AD results from a report of a fractured rod end of an input control rod of the main rudder PCU and a subsequent report of a fractured rod end of the input control rod of the standby rudder PCU. We are issuing this AD to prevent failure of one of the two input control rods of the main rudder PCU, which, under certain conditions, could result in reduced controllability of the airplane; and to prevent failure of any combination of two input control rods of the main rudder PCU and/or standby rudder PCU, which could cause an uncommanded rudder hardover event and result in loss of control of the airplane. DATES: This AD becomes effective February 16, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of February 16, 2007. We must receive any comments on this AD by April 2, 2007. ADDRESSES: Use one of the following addresses to submit comments on this AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • *Fax:*

(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. You may examine the contents of the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, Washington, DC. This docket number is FAA-2006-26323; the directorate identifier for this docket is 2006-NM-150-AD. FOR FURTHER INFORMATION CONTACT: Kenneth W. Frey, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6468; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2002-20-07 R1, amendment 39-12940 (67 FR 67518, November 6, 2002). The existing AD applies to all Boeing Model 737 airplanes. That NPRM was published in the **Federal Register** on November 15, 2006 (71 FR 66474). That NPRM proposed to continue to require installation of a new rudder control system and changes to the adjacent systems to accommodate that new rudder control system. For certain airplanes, that NPRM proposed to add, among other actions, repetitive tests of the force fight monitor of the main rudder power control unit (PCU), repetitive tests of the standby hydraulic actuation system, and corrective action; as applicable. For those airplanes, that NPRM also proposed to add, among other actions, replacement of both input control rods of the main rudder PCU and the input control rod of the standby rudder PCU with new input control rods, as applicable, which would end the repetitive tests. For certain other airplanes, that NPRM proposed to add installation of an enhanced rudder control system in accordance with new service information. Actions Since NPRM Was Issued Since we issued the NPRM, we have received a report of a fractured rod end on the input control rod of the standby rudder PCU on a Model 737-700 series airplane. This condition was discovered during accomplishment of an operational test of the standby hydraulic actuation system in accordance with Boeing Alert Service Bulletin 737-27A1280, dated May 25, 2006 (one of the actions specified in the NPRM). Investigation revealed that, although the input control rod had an existing crack of significant size, it ultimately fractured due to fatigue damage. Fatigue damage is caused by repetitive forces being applied (i.e., cyclic loading). This finding of fatigue damage is not consistent with the results of our investigation that led to actions specified in the NPRM. The actions and compliance times specified in the NPRM were based on our finding that, while the input control rod may have been cracked during assembly, no significant loading was present to further degrade the integrity of the input control rod over time, causing it to fracture. Therefore, we have determined that, for certain Model 737-600, -700, -700C, -800, and -900 series airplanes on which the suspect input control rod of the standby rudder PCU was installed during production, the compliance times for the following actions in the NPRM will not detect and correct failure of the input control rod of the standby rudder PCU in a timely manner: • The initial compliance time and repetitive intervals for the operational tests specified in paragraph (g)(1), and • The threshold for the replacement of the input control rod of the standby rudder PCU specified in paragraph (g)(3). Failure of one of the two input control rods of main rudder PCU, under certain conditions, could result in reduced controllability of the airplane; and failure of any combination of two input control rods of the main rudder PCU and/or standby rudder PCU could cause an uncommanded rudder hardover event and result in loss of control of the airplane. Relevant Service Information As discussed in the “Relevant Service Information” section of the NPRM, we have reviewed the following service information: Relevant Service Information Service Bulletin Revision level Date Boeing Alert Service Bulletin 737-27A1239 Original January 11, 2001. Boeing Alert Service Bulletin 737-27A1279 Original June 20, 2006. Boeing Alert Service Bulletin 737-27A1280 Original May 25, 2006. Boeing Alert Service Bulletin 737-27A1281 Original June 14, 2006. Boeing Service Bulletin 737-22-1042 1 April 5, 1985. Boeing Service Bulletin 737-27A1206 3 December 14, 2000. Boeing Service Bulletin 737-27-1246, including Appendix A 1 February 21, 2002. Boeing Service Bulletin 737-27-1247 1 July 25, 2002. Boeing Service Bulletin 737-27-1252 3 May 12, 2006. Boeing Service Bulletin 737-27-1253 3 May 12, 2006. Boeing Service Bulletin 737-27-1255 3 May 10, 2006. Boeing Service Bulletin 737-27-1262 Original December 19, 2002. Boeing Service Bulletin 737-27-1263 1 September 25, 2003. Boeing Service Bulletin 737-27-1264 1 April 3, 2003. Boeing Service Bulletin 737-55-1052 1 August 5, 2004. Boeing 737 Service Bulletin 27-1026 Original January 15, 1971. Smiths Aerospace Actuation Systems Service Bulletin 1150-27-05A Original August 28, 2003. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. Comments We provided the public the opportunity to submit comments regarding the NPRM and have considered the comments that have been received. Support for the NPRM The Air Line Pilots Association and Boeing support the NPRM. Requests To Issue Stand Alone AD Delta and Southwest Airlines request that we issue a stand alone AD that addresses the control rod issues only instead of superseding AD 2002-20-07 R1. Delta states that a stand alone AD will minimize the amount of revisions to engineering authorizations (EAs). Delta points out that a supersedure AD would result in their revising four EAs whereas a stand alone AD would result in revising only one EA. Southwest Airlines states that a stand alone AD would be more cost effective because a supersedure AD results in document revision, record keeping, and computer tracking issues. We do not agree. As explained in the “Actions Since Existing AD Was Issued” section of the NPRM, we have received a report of a fractured rod end on one of the two input control rods of the main rudder PCU on a Model 737-800 series airplane. The incident airplane had been modified to comply with the requirements of AD 2002-20-07 R1. We determined that accomplishment of the actions required by AD 2002-20-07 R1 introduces a new unsafe condition (i.e., failure of the input control rods of the rudder control system, which, under certain conditions, could result in reduced controllability of the airplane and/or loss of control of the airplane), and that a substantive change to that AD was necessary. Our current policy specifies that, whenever a substantive change is made to an existing AD that imposes a new burden, we must supersede the AD. Substantive changes are those made to any instruction or reference that affects the substance of the AD. Substantive changes include part numbers, service bulletin and manual references, compliance times, applicability, methods of compliance, corrective action, inspection requirements, and effective dates. We consider the changes to the existing AD to be substantive. This superseding AD is assigned a new amendment number and new AD number, and the previous amendment is removed from the system. This procedure facilitates the efforts of principal maintenance inspectors in tracking ADs and ensuring that affected operators have incorporated the most recent changes into their maintenance programs. With regard to paperwork changes required by affected operators, § 121.380(a)(2)(vi) (“Maintenance recording requirements”) of the Federal Aviation Regulations (14 CFR 121.380(a)(2)(vi)), requires that persons holding an operating certificate and operating under part 121 of the Federal Aviation Regulations must keep “The current status of applicable airworthiness directives, including the date and methods of compliance * * *.” Whether an existing AD is superseded or a new stand alone AD is issued, the new AD is assigned a new AD number. In either case, the new AD is identified by its “new” AD number. In light of this, affected operators updating their maintenance records to indicate the current AD status would have to record a new AD number in both cases. Further, operators are always given credit for work previously performed according to the existing AD by means of the phrase in the compliance section of the AD that states, “* * * unless the actions have already been done.” Therefore, we have determined that a supersedure AD is appropriate. Request To Supersede Other ADs If the AD does supersede AD 2002-20-07 R1, Southwest Airlines requests that the AD also supersede the following ADs: • AD 95-06-53, amendment 39-9199 (60 FR 18981, April 14, 1995); • AD 97-05-10, amendment 39-9954 (62 FR 9679, March 4, 1997); and • AD 98-02-01, amendment 39-10283 (63 FR 1903, January 13, 1998). Southwest Airlines states that these additional ADs were all listed in AD 2002-20-07 R1. Southwest Airlines states that if these changes are not made, operators will be required to report the status of obsolete ADs. We do not agree. AD 2002-20-07 R1 revises AD 2002-20-07, amendment 39-12903 (67 FR 62341, October 7, 2002), and supersedes ADs 95-06-53, 97-05-10, and 98-02-01. As of November 12, 2002 (the effective date of AD 2002-20-07 R1), those ADs were effectively superseded (cancelled) and thus no further action is required in regard to those ADs. Request To Change List of Affected ADs Southwest Airlines also requests that AD 97-14-04, amendment 39-10061 (62 FR 35068, June 30, 1997), be added to the list of ADs in Table 1 of the NPRM. We agree. Our intent was to retain all requirements of AD 2002-20-07 R1. AD 97-14-04 was included in paragraph

(b)of AD 2002-20-07 R1. However, we inadvertently omitted it from Table 1 in paragraph

(b)of the NPRM. Doing the action required by paragraph

(f)or

(h)of this AD ends the requirements of AD 97-14-04 and the other ADs identified in Table 1 of this AD. We have revised Table 1 accordingly. Request To Revise the Applicability Southwest Airlines requests that the applicability of the NPRM be revised to affect Model 737-600, -700, -700C, -800 and -900 series airplanes (i.e., 737 next generation airplanes), line numbers 1 through 1947 only (no change requested for affected Model 737-100 through -500 series airplanes). Southwest Airlines states that the effectivity of Boeing Alert Service Bulletin 737-27A1279, dated June 20, 2006; and Boeing Alert Service Bulletin 737-27A1280, dated May 25, 2006; indicate that 737 next generation airplanes with line numbers 1948 or higher have an enhanced rudder control system with the improved rods already installed. Southwest Airlines also states that it is a hardship to require AD reporting on airplanes that have been modified in production. We do not agree with Southwest Airlines to exclude airplanes on which an enhanced rudder control system with new input control rods has been installed in production from the applicability of this AD. Paragraph

(j)of this AD states, “As of the effective date of this AD, no person may install an input control rod, P/N 251A3495-1, on any airplane.” All Model 737 airplanes, including those in production now and in the future, are subject to this requirement. Therefore, we have determined that the applicability of the AD is correct as proposed. Request To Exclude Certain Airplanes From Paragraph

(g)of the NPRM Southwest Airlines requests that paragraph

(g)be revised to exclude airplanes for which maintenance records can conclusively show that the suspect rods have not been installed. Southwest Airlines states that some airplanes have had control rods replaced or modified with the latest kits. We partially agree. We agree with Southwest Airlines that no further work is required by paragraph

(g)for airplanes on which the input control rods have been replaced in accordance with paragraph (g)(4) of this AD. We also find that no further work is required by paragraph

(h)for airplanes on which the input control rods have been installed in accordance with paragraph

(h)of this AD. We have determined that those actions adequately address the identified unsafe condition of this AD related to the input control rods. However, we do not agree to revise this AD. Operators are given credit for work previously done by the means of the phrase in the “Compliance” section of the AD that states, “* * * unless the actions have already been done.” Therefore, in the case of this AD, if the actions required by paragraph (g)(4) or

(h)of this AD (i.e., replacement of input control rods or installation of a new rudder control system) have been done in accordance with the service information identified in Table 4 or 5 of this AD, respectively, before the effective date of this AD, this AD does not require those actions to be repeated. Request To Delete Reference to Certain Group Configurations AirTran Airways supports the proposed actions described in the NPRM, but points out a discrepancy between the NPRM and a referenced service bulletin. AirTran Airways notes that paragraph (g)(1)(iii) of the NPRM is applicable to airplanes identified as Group 1, Configuration 1, and Group 2, Configurations 1 and 2, in Boeing Alert Service Bulletin 737-27A1280, dated May 25, 2006. AirTran Airways states that the service bulletin does not contain any configurations for Group 2. From this comment, we infer that AirTran Airways is requesting that we delete the reference to Configurations 1 and 2 for Group 2 specified in paragraphs (g)(1)(iv), (g)(2)(i), and (g)(2)(ii) of this AD (paragraph (g)(1)(iii) in the NPRM). We agree and have revised this AD accordingly. Request To Delete Concurrent Requirements Southwest Airlines states that it is impossible to install the enhanced rudder system without doing the concurrent requirements in paragraph

(i)of the NPRM. Southwest Airlines notes that each of the service bulletins identified in Table 5 of the NPRM, except “[Boeing] [S]ervice [B]ulletin 737-55-1042,” is listed in the initial release of the primary service bulletins identified in Table 4 of the NPRM. Southwest Airlines believes it is impossible to trim the spar as illustrated in the primary service bulletins unless the trim was previously accomplished per “[Boeing] [S]ervice [B]ulletin 737-55-1042.” Southwest Airlines also believes that the NPRM validates this by not requiring rework other than for the discrepant control rods. From this comment, we infer that Southwest Airlines is requesting that the concurrent requirements specified in paragraph

(i)of the NPRM be deleted. Since Boeing Service Bulletin 737-55-1042 describes procedures unrelated to the subject of this AD, we also infer that Southwest Airlines meant to refer to Boeing Service Bulletin 737-55-1052, Revision 1, dated August 5, 2004 (referred to in paragraph (i)(2)(iv) of this AD as a concurrent requirement). We do not agree with Southwest Airlines to delete the concurrent requirements of this AD. Our current policy specifies that service information must be “published” (i.e., incorporation by reference (IBR)) if the AD mandates a method of compliance that is contained only in the referenced service information. As in the case of this AD, the concurrent requirement actions specified in Table 6 of the AD are contained only in the service information identified in that table, not in the primary service information identified in Table 5 of this AD. Therefore, we have made no change to this AD in this regard. FAA's Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other airplanes of the same type design. For this reason, we are issuing this AD to supersede AD 2002-20-07 R1. This AD supersedes AD 2002-20-07 R1 and retains the requirements of the existing AD. This AD also requires accomplishing the actions specified in the applicable service information identified previously, except as discussed under “Differences Between the AD and Certain Service Information.” For certain airplanes, this AD also requires suspending a certain Master Minimum Equipment List item, until all improperly heat-treated input control rods are replaced. Differences Between the AD and Certain Service Information For certain Model 737-600, -700, -700C, -800, and -900 series airplanes on which the suspect input control rod of the standby rudder PCU was installed during production, the compliance times for the following actions required by this AD are different (i.e., shorter intervals) than those specified in Boeing Alert Service Bulletin 737-27A1279, dated June 20, 2006; and Boeing Alert Service Bulletin 737-27A1280, dated May 25, 2006: • For the operational tests of the standby hydraulic actuation system: This AD specifies an initial compliance time of within 110 flight hours or 7 days after the effective date of this AD, whichever occurs later, and repetitive intervals of 110 flight hours or 7 days, whichever occurs later, whereas Boeing Alert Service Bulletin 737-27A1280 specifies an initial compliance time of within 60 days and repetitive intervals of 500 flight hours. • For the replacement of the input control rod of the standby rudder PCU: This AD specifies a compliance time of within 90 days after the effective date of this AD whereas Boeing Alert Service Bulletin 737-27A1279 specifies a compliance time of 24 months. As discussed previously in the “Discussion” section of this AD, the proposed compliance times for these actions may not detect and correct failure of the input control rod of the standby rudder PCU in a timely manner. While we do not yet have data on the growth rate of these cracks, we believe the revised compliance times described previously are adequate to ensure safety without imposing undue burdens on air commerce. In developing appropriate compliance times for these actions in this AD, we considered the safety implications, parts availability, and normal maintenance schedules for the timely accomplishment of the operational tests and replacements. In consideration of these items, as well as the reported failures of the input control rods in service, we have determined that the compliance times in this AD will ensure an acceptable level of safety and allow the actions to be done during scheduled maintenance intervals for most affected operators. Changes to NPRM As a result of the differences between the AD and certain service information described previously, we have revised the applicable compliance times in this AD and changed certain paragraph identifiers and tables and added others. In certain places in the NPRM, we referred to the incorrect year of the issuance date of Boeing Alert Service Bulletin 737-27A1280. The correct issuance date is May 25, 2006, not May 25, 2005. We have corrected this error in this AD. FAA's Determination of the Effective Date Regarding the reduced compliance times described previously, an unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days. Comments Invited Regarding the reduced compliance times described previously, this AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include “Docket No. FAA-2006-26323; Directorate Identifier 2006-NM-150-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. We will post all comments we receive, without change, to *http://lldms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-12940 (67 FR 67518, November 6, 2002) and adding the following new airworthiness directive (AD): **2007-03-07 Boeing:** Amendment 39-14918. Docket No. FAA-2006-26323; Directorate Identifier 2006-NM-150-AD. Effective Date

(a)This AD becomes effective February 16, 2007. Affected ADs

(b)This AD affects the ADs specified in paragraphs (b)(1), (b)(2), and (b)(3) of this AD.

(1)This AD supersedes AD 2002-20-07 R1.

(2)For airplanes on which the actions required by paragraph

(f)of this AD have been done before the effective date of this AD: Doing the actions in paragraph

(f)of this AD ends the requirements of the ADs listed in Table 1 of this AD.

(3)For airplanes on which the actions required by paragraph

(f)of this AD have not been done before the effective date of this AD: Doing the actions in paragraph

(h)of this AD ends the requirements of the ADs listed in Table 1 of this AD. Table 1.—Other ADs AD— Amendment— 97-09-15 R1 39-10912 97-14-04 39-10061 99-11-05 39-11175 2000-22-02 R1 39-11948 Applicability

(c)This AD applies to all Boeing Model 737-100, -200, -200C, -300, -400, -500, -600, -700, -700C, -800 and -900 series airplanes, certificated in any category. Unsafe Condition

(d)This AD results from a report of a fractured rod end of an input control rod of the main rudder power control unit

(PCU)and a subsequent report of a fractured rod end of the input control rod of the standby rudder PCU. We are issuing this AD to prevent failure of one of the two input control rods of the main rudder PCU, which, under certain conditions, could result in reduced controllability of the airplane; and to prevent failure of any combination of two input control rods of the main rudder PCU and/or standby rudder PCU, which could cause an uncommanded rudder hardover event and result in loss of control 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. Requirements of AD 2002-20-07 R1 Installation

(f)Except as provided by paragraphs

(h)and

(i)of this AD: Within 6 years after November 12, 2002 (the effective date of AD 2002-20-07), do the actions required by paragraphs (f)(1) and (f)(2) of this AD, in accordance with a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA.

(1)Install a new rudder control system that includes new components such as an aft torque tube, hydraulic actuators, and associated input control rods, and additional wiring throughout the airplane to support failure annunciation of the rudder control system in the flight deck. The system also must incorporate two separate inputs, each with an override mechanism, to two separate servo valves on the main rudder PCU; and an input to the standby PCU that also will include an override mechanism.

(2)Make applicable changes to the adjacent systems to accommodate the new rudder control system. New Requirements of This AD For Certain Airplanes: Tests, Suspension of Certain Master Minimum Equipment List Item, Replacements, Inspection, and Corrective Actions

(g)For airplanes on which the actions required by paragraph

(f)of this AD have been done before the effective date of this AD: Do the actions in paragraphs (g)(1) through (g)(4) of this AD, as applicable.

(1)At the applicable times listed in paragraph 1.E., “Compliance,” of the applicable service bulletin specified in Table 2 of this AD; except, where the service bulletin specifies a compliance time from the date on the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD: Do the tests specified in Table 2 of this AD, until all applicable actions required by paragraph (g)(4) of this AD have been done in accordance with the applicable service bulletin specified in Table 4 of this AD. Do all applicable corrective actions specified in Table 2 of this AD before further flight. Table 2.—Repetitive Tests for Certain Airplanes For model— Do— In accordance with the accomplishment instructions of—

(i)737-100, -200, and -200C series airplanes identified as Group 1, Configuration 1, in the service bulletin The “Rudder Main Power Control Unit Force Fight Test,” the “Standby Rudder Actuator Shutoff Valve Test,” and any applicable corrective action Boeing Alert Service Bulletin 737-27A1281, dated June 14, 2006.

(ii)737-300, -400, and -500 series airplanes identified as Group 2, Configuration 1, in the service bulletin The “Rudder Main Power Control Unit Force Fight Test,” the “Standby Rudder Actuator Shutoff Valve Test,” and any applicable corrective action Boeing Alert Service Bulletin 737-27A1281, dated June 14, 2006.

(iii)737-600, -700, -700C, -800, and -900 series airplanes identified as Group 1, Configuration 1, in the service bulletin The “Rudder Main Power Control Unit Force Fight Monitor Test,” the “Operational Test of the Standby Hydraulic Actuation System,” and any applicable corrective action Boeing Alert Service Bulletin 737-27A1280, dated May 25, 2006.

(iv)737-600, -700, -700C, -800, and -900 series airplanes identified as Group 2 in the service bulletin The “Rudder Main Power Control Unit Force Fight Monitor Test,” and any applicable corrective action Boeing Alert Service Bulletin 737-27A1280, dated May 25, 2006.

(2)At the applicable times listed in Table 3 of this AD, do the “Operational Test of the Standby Hydraulic Actuation System,” and any applicable corrective action, until all applicable actions required by paragraph (g)(4) of this AD have been done in accordance with the applicable service bulletin specified in Table 4 of this AD. The actions must be done in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1280, dated May 25, 2006. Do all applicable corrective actions before further flight. Table 3.—Repetitive Operational Tests for Certain Airplanes For model— On which the input control rod of the standby rudder PCU— Do the “Operational Test of the Standby Hydraulic Actuation System”— And repeat the test at intervals not to exceed—

(i)737-600, -700, -700C, -800, and -900 series airplanes identified as Group 2 in the service bulletin Has not been replaced as required by paragraph (g)(4)(v) of this AD Within 110 flight hours or 7 days after the effective date of this AD, whichever occurs later 110 flight hours or 7 days, whichever occurs later.

(ii)737-600, -700, -700C, -800, and -900 series airplanes identified as Group 2 in the service bulletin Has been replaced as required by paragraph (g)(4)(v) of this AD Within 60 days after the effective date of this AD 500 flight hours.

(3)As of the effective date of this AD, do not use the Master Minimum Equipment List Item 27-21, “STBY RUD ON light,” until all applicable actions required by paragraph (g)(4) of this AD are done.

(4)At the applicable time specified in Table 4 of this AD, do the replacement(s) and inspection, as applicable, specified in that table. Do all applicable corrective actions specified in Table 4 of this AD before further flight. Doing all applicable actions ends the requirements of paragraphs (g)(1) through (g)(3) of this AD. Table 4.—Replacement of Input Control Rods, Inspection, and Corrective Action, as Applicable For model— Do the following action(s)— In accordance with— And do the replacement(s) and inspection, as applicable—

(i)737-100, -200, and -200C series airplanes identified as Groups 1 through 9, Configuration 3, in the service bulletin Replace both input control rods of the main rudder PCU with new input control rods Part 2 of the Accomplishment Instructions of Boeing Service Bulletin 737-27-1252, Revision 3, dated May 12, 2006 Within 24 months after the effective date of this AD.

(ii)737-300, -400, and -500 series airplanes identified as Groups 1 through 19, Configuration 3, in the service bulletin Replace both input control rods of the main rudder PCU with new input control rods Part 2 of the Accomplishment Instructions of Boeing Service Bulletin 737-27-1255, Revision 3, dated May 10, 2006 Within 24 months after the effective date of this AD.

(iii)737-600, -700, -700C, -800, and -900 series airplanes identified as Groups 1 through 20, Configuration 3, in the service bulletin Replace both input control rods of the main rudder PCU with new input control rods, inspect the input control rod of the standby rudder PCU to determine if part number (P/N) 251A3495-1 is installed, and do any corrective action Part 2 of the Accomplishment Instructions of Boeing Service Bulletin 737-27-1253, Revision 3, dated May 12, 2006 Within 24 months after the effective date of this AD.

(iv)737-600, -700, -700C, -800, and -900 series airplanes identified as Group 1 in the service bulletin Replace both input control rods of the main rudder PCU with new input control rods The Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1279, dated June 20, 2006 Within 24 months after the effective date of this AD.

(v)737-600, -700, -700C, -800, and -900 series airplanes identified as Group 1 in the service bulletin Replace the input control rod of the standby rudder PCU with a new input control rod The Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1279, dated June 20, 2006 Within 90 days after the effective date of this AD. For Certain Other Airplanes: Install New Rudder Control System Per Service Information

(h)For airplanes on which the actions required by paragraph

(f)of this AD have not been done before the effective date of this AD: As of the effective date of this AD, use the applicable service bulletin specified in Table 5 of this AD to do the actions required by paragraph

(f)of this AD at the time specified in that paragraph. Table 5.—Service Bulletins for Installation of New Rudder Control System For model— Identified as— Do the actions required by paragraph

(f)of this AD in accordance with—

(1)737-100, -200, and -200C series airplanes Groups 1 through 9, Configurations 1 and 2, in the service bulletin Part 1 of the Accomplishment Instructions of Boeing Service Bulletin 737-27-1252, Revision 3, dated May 12, 2006.

(2)737-300, -400, and -500 series airplanes Groups 1 through 19, Configurations 1 and 2, in the service bulletin Part 1 of the Accomplishment Instructions of Boeing Service Bulletin 737-27-1255, Revision 3, dated May 10, 2006.

(3)737-600, -700, -700C, -800, and -900 series airplanes Groups 1 through 20, Configurations 1 and 2, in the service bulletin Part 1 of the Accomplishment Instructions of Boeing Service Bulletin 737-27-1253, Revision 3, dated May 12, 2006.

(i)Before or concurrently with the requirements of paragraph

(h)of this AD, do the actions specified in Table 6 of this AD. Table 6.—Before/Concurrent Requirements Before or concurrently with the actions specified in— Do these actions— In accordance with the accomplishment instructions of—

(1)Paragraph (h)(1) of this AD

(i)Remove the rudder position sensor of the automatic flight control system Boeing Service Bulletin 737-22-1042, Revision 1, dated April 5, 1985.

(ii)Replace the rudder feel and centering assembly with a new all-mechanical unit Boeing 737 Service Bulletin 27-1026, dated January 15, 1971.

(iii)Install the rudder pressure reducer and yaw damper coupler Boeing Service Bulletin 737-27A1206, Revision 3, dated December 14, 2000.

(iv)Install provisional wires for rudder system enhancement Boeing Service Bulletin 737-27-1246, Revision 1, including Appendix A, dated February 21, 2002.

(v)Replace the P5-3 panel with a new panel Boeing Service Bulletin 737-27-1263, Revision 1, dated September 25, 2003.

(vi)Replace the input lever for the auxiliary rudder power control package with a new input lever Smiths Aerospace Actuation Systems Service Bulletin 1150-27-05A, dated August 28, 2003.

(2)Paragraph (h)(2) of this AD

(i)Install provisional wires for rudder system enhancement Boeing Service Bulletin 737-27-1246, Revision 1, including Appendix A, dated February 21, 2002.

(ii)Replace the P5-3 panel with a new panel Boeing Service Bulletin 737-27-1264, Revision 1, dated April 3, 2003.

(iii)Install a new yaw damper coupler Boeing Service Bulletin 737-27A1206, Revision 3, dated December 14, 2000.

(iv)Inspect the trailing edge beam on the vertical fin and rework if necessary Boeing Service Bulletin 737-55-1052, Revision 1, dated August 5, 2004.

(v)Replace the input lever for the auxiliary rudder power control package with a new input lever Smiths Aerospace Actuation Systems Service Bulletin 1150-27-05A, dated August 28, 2003.

(3)Paragraph (h)(3) of this AD

(i)Install provisional wires for rudder system enhancement Boeing Service Bulletin 737-27-1247, Revision 1, dated July 25, 2002.

(ii)Replace the P5-3 panel with a new panel Boeing Service Bulletin 737-27-1262, dated December 19, 2002.

(iii)Relocate the wire bundle routing in the vertical stabilizer Boeing Alert Service Bulletin 737-27A1239, dated January 11, 2001. Parts Installation

(j)As of the effective date of this AD, no person may install an input control rod, P/N 251A3495-1, on any airplane. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

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

(3)Except as provided by paragraph

(j)of this AD: AMOCs approved previously in accordance with AD 2002-20-07 R1 are approved as AMOCs for the corresponding provisions of paragraphs

(f)and

(h)of this AD. Material Incorporated by Reference

(l)You must use the applicable service bulletin specified in Table 7 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. Boeing Service Bulletin 737-22-1042, Revision 1, dated April 5, 1985, contains the following effective pages: Page Nos. Revision level shown on page Date shown on page 1-7, 9 1 April 5, 1985. 8 Original July 1, 1983. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Table 7.—Material Incorporated by Reference Boeing Service Bulletin Revision level Date Boeing Alert Service Bulletin 737-27A1239 Original January 11, 2001. Boeing Alert Service Bulletin 737-27A1279 Original June 20, 2006. Boeing Alert Service Bulletin 737-27A1280 Original May 25, 2006. Boeing Alert Service Bulletin 737-27A1281 Original June 14, 2006. Boeing Alert Service Bulletin 737-22-1042 1 April 5, 1985. Boeing Alert Service Bulletin 737-27A1206 3 December 14, 2000. Boeing Alert Service Bulletin 737-27-1246, including Appendix A 1 February 21, 2002. Boeing Alert Service Bulletin 737-27-1247 1 July 25, 2002. Boeing Alert Service Bulletin 737-27-1252 3 May 12, 2006. Boeing Alert Service Bulletin 737-27-1253 3 May 12, 2006. Boeing Alert Service Bulletin 737-27-1255 3 May 10, 2006. Boeing Alert Service Bulletin 737-27-1262 Original December 19, 2002. Boeing Alert Service Bulletin 737-27-1263 1 September 25, 2003. Boeing Alert Service Bulletin 737-27-1264 1 April 3, 2003. Boeing Alert Service Bulletin 737-55-1052 1 August 5, 2004. Boeing 737 Alert Service Bulletin 27-1026 Original January 15, 1971. Smiths Aerospace Actuation Systems Service Bulletin 1150-27-05A Original August 28, 2003. Issued in Renton, Washington, on January 25, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-1496 Filed 1-31-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26371 Directorate Identifier 2006-CE-70-AD; Amendment 39-14917; AD 2007-03-06] RIN 2120-AA64 Airworthiness Directives; Pilatus Aircraft Limited PC-12 and PC-12/45 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as executive seats equipped with pedestal legs that were produced using a material that deviates from the approved design data. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective March 8, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of March 8, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4059; fax:

(816)329-4090. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on December 11, 2006 (71 FR 71497). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that executive seats equipped with pedestal legs were produced using a material that deviates from the approved design data. As a consequence the pedestal legs may not perform as intended under emergency landing conditions. In order to correct and control the situation, this AD requires a one time inspection to identify the Vendor Part Number

(VPN)of the pedestal legs and the Serial Number (S/N) of the executive seat and the replacement of the pedestal legs if necessary. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a Note within the AD. Costs of Compliance We estimate that this AD would affect about 394 products of U.S. registry. We also estimate that it would take about 0.5 work-hours per product to comply with the inspection requirement of this AD. In addition, we estimate this AD would affect about 59 seats and take about 1 work-hour per seat to comply with the parts replacement requirement of this AD. The average labor rate is $80 per work-hour. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD on U.S. operators to be $15,760, or $40 per product for inspection and $4,720, or $80 per seat for parts replacement. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-03-06 Pilatus Aircraft Limited:** Amendment 39-14917; Docket No. FAA-2006-26371; Directorate Identifier 2006-CE-70-AD. Effective Date

(a)This airworthiness directive

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

(b)None. Applicability

(c)This AD applies to PC-12 and PC-12/45 airplanes, serial numbers 101 through 683, that are:

(1)Certificated in any category; and

(2)Equipped with executive passenger seats Model Number 4006 manufactured by DeCrane Aircraft Seating Company, Inc. Vendor Part Number

(VPN)403150-1 or 403150-2 with Serial Numbers (S/N) identified in DeCrane Aircraft Mandatory Service Bulletin SB05147 Revision B, dated June 26, 2006. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states that executive seats equipped with pedestal legs were produced using a material that deviates from the approved design data. As a consequence the pedestal legs may not perform as intended under emergency landing conditions. In order to correct and control the situation, this AD requires a one time inspection to identify the VPN of the pedestal legs and the S/N of the executive seat and the replacement of the pedestal legs if necessary. Actions and Compliance

(e)Unless already done, do the following actions.

(1)Within 30 days after the effective date of this AD:

(i)Perform an inspection to identify the VPN of the pedestal legs and the S/N of the executive seat following the accomplishment instructions in Pilatus PC-12 Service Bulletin No.: 25-032, dated October 2, 2006.

(ii)If during the inspection required by paragraph (e)(1)(i) of this AD any pedestal legs with a VPN and executive seats with a S/N which correspond with the data in DeCrane Aircraft Mandatory Service Bulletin SB05147 Revision B, dated June 26, 2006, are found, prior to further flight, replace the affected pedestal legs following the accomplishment instructions in Pilatus PC-12 Service Bulletin No.: 25-032, dated October 2, 2006, with new pedestal legs with VPN 431005-17 and 431005-18. The removed parts must be returned to Pilatus.

(2)As of the effective date of this AD, no person shall install any executive seats model number 4006 produced by DeCrane Aircraft Seating Company, Inc., VPN 403150-1 or 403150-2 with S/Ns identified in DeCrane Aircraft Mandatory Service Bulletin SB05147 Revision B, dated June 26, 2006, on any Pilatus Models PC-12 and PC-12/45 airplane, unless the mandatory actions of this AD have been implemented. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

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

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Staff, FAA, ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4059; fax:

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

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

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et. seq.* ), the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(g)Refer to Federal Office of Civil Aviation

(FOCA)AD HB-2006-444, dated November 7, 2006; Pilatus Aircraft Limited Service Bulletin No.: 25-032, dated October 2, 2006; and DeCrane Aircraft Mandatory Service Bulletin SB05147 Revision B, dated June 26, 2006, for related information. Material Incorporated by Reference

(h)You must use Pilatus PC-12 Service Bulletin No.: 25-032, dated October 2, 2006; and DeCrane Aircraft Mandatory Service Bulletin SB05147 Revision B, dated June 26, 2006, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)For service information identified in this AD, contact Pilatus Aircraft Ltd., Customer Support Manager, CH-6371 STANS, Switzerland; telephone: + 41 41 619 6208; fax: + 41 41 619 7311; e-mail: *SupportPC12@pilatus-aircaft.com;* or Pilatus Business Aircraft Ltd., Product Support Department, 11755 Airport Way, Broomfield, CO 80021; telephone:

(303)465-9099, fax:

(303)465-6040; e-mail: *Productsupport@PilBal.com.*

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri, on January 24, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-1398 Filed 1-31-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25929 Directorate Identifier 2006-CE-54-AD; Amendment 39-14919; AD 2007-03-08] RIN 2120-AA64 Airworthiness Directives; Pilatus Aircraft Ltd., PC-6 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as the discovery of exfoliation corrosion in the fittings of some PC-6 airplanes. These fittings are installed exterior to the bottom skin of the wing skin. If not corrected, undetected corrosion in this area could lead to failure of the fitting and subsequent loss of control of the airplane. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective March 8, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of March 8, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust Street, Room 301, Kansas City, Missouri 64106; *telephone:*

(816)329-4059; *fax:*

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on November 3, 2006 (71 FR 64653). That NPRM proposed to require repetitive inspections of the wing strut fitting and the replacement of corroded wing strut fittings with new retrofit wing strut fittings. Comments We gave the public the opportunity to participate in developing this AD. We have considered the comments received. Comment Issue: Summary Clay Lacy asks if there is a planned hourly minimum or just calendar time for the compliance. He notes that he has a PC-6 that was built by Fairchild in 1967, has only 1,600 hours total time, and has always been hangared. Mr. Lacy added, “We have never detected any corrosion at any location.” We are relying on the Federal Office for Civil Aviation (FOCA), which is the state of design authority, and the manufacturer's (Pilatus) determination that calendar time compliance for this type of corrosion inspection is appropriate. The FOCA AD requires a one-time inspection, and the corresponding service bulletin

(SB)states the required repetitive inspection will be included in Chapter 5 of the Aircraft Maintenance Manual (AMM). Both initial and repetitive compliance times are specified in calendar time. We do not have information for this issue to correlate between Time-In-Service

(TIS)and calendar time. Comment Issue: What Prompted AD Clay Lacy states if possible he would like more information that prompted this proposed AD. Further information on what prompted this proposed AD may be found in the Docket Management System (DMS). This action was initiated as a result of FOCA AD HB-2006-400. We have checked the DMS and this document is electronically available. Conclusion We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD, and take precedence over the actions copied from the MCAI. Costs of Compliance We estimate that this AD will affect about 49 products of U.S. registry. We also estimate that it will take 27 work-hours per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts will cost about $2,500 per wing per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $350,840 or $7,160 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-03-08 Pilatus Aircraft Ltd., PC-6 Series Airplanes:** Amendment 39-14919; Docket No. FAA-2006-25929; Directorate Identifier 2006-CE-54-AD. Effective Date

(a)This airworthiness directive

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

(b)None. Applicability

(c)This AD applies to Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes; manufacturer serial numbers

(MSN)101 through 949, MSN 951, and MSN 2001 through 2092; that are certificated in any category. These airplanes are also identified as Fairchild Republic Company PC-6 airplanes, Fairchild Industries PC-6 airplanes, Fairchild Heli Porter PC-6 airplanes, or Fairchild-Hiller Corporation PC-6 airplanes. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states that exfoliation corrosion in the fittings of some PC-6 airplanes was found. These fittings are installed exterior to the bottom skin of the wing skin. If not corrected, undetected corrosion in this area could lead to failure of the fitting and subsequent loss of control of the airplane. Actions and Compliance

(e)Unless already done, do the following actions.

(1)Within 12 months after the effective date of this AD and repetitively thereafter at intervals not to exceed 12 months, perform an inspection required by paragraph 3.B.(2) of PILATUS PC-6 Service Bulletin

(SB)No. 57-003, dated June 13, 2006, of the fittings Part Number (P/N) 6102.0041.00, P/N 111.35.06.055 or P/N 111.35.06.056 for signs of corrosion. Repair of minor surface corrosion is permitted according to the Repair and Overhaul Manual

(ROM)(Report No. 1391), Chap. 2 and 4. Corrosion outside these limits is not permitted.

(2)If during any of the inspections required by paragraph (e)(1) of this AD, any minor surface corrosion is found, prior to further flight, remove the minor surface corrosion (Ref. ROM. Chap. 2 and 4).

(3)If during any of the inspections required by paragraph (e)(1) of this AD, any corrosion out of limits is found (Ref. ROM, Chap. 2 and 4), prior to further flight, replace the fittings in accordance with paragraph 4 of PILATUS PC-6 SB No. 57-003, dated June 13, 2006, with new (retrofit) fittings P/N 111.35.06.185 and/or P/N 111.35.06.186.

(4)Replacement of the fittings with new (improved) fittings P/N 111.35.06.185 (left hand side) and/or 111.35.06.186 (right hand side) terminates the repetitive inspection for that side. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows:

(1)The FAA AD is requiring repetitive inspections, not just a one-time inspection as required in the MCAI.

(2)The Service Bulletin specifies “subsequent inspections for corrosion will be included in Chapter 5 of the Aircraft Maintenance Manual (AMM).” The only way we

(FAA)can mandate these repetitive inspections is through an AD. Other FAA AD Provisions

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

(816)329-4059; fax:

(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et.seq.* ), the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(g)Refer to FOCA AD HB-2006-400, effective date September 28, 2006, which references Pilatus Aircraft Ltd. SB No. 57-003, dated June 13, 2006, for related information. Material Incorporated by Reference

(h)You must use PILATUS PC-6 Service Bulletin

(SB)No. 57-003, dated June 13, 2006, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)For service information identified in this AD, contact Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 Stans, Switzerland; telephone: +41 41 619 63 19; fax: +41 41 619 6224.

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri, on January 24, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-1494 Filed 1-31-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 864 [Docket No. 2007N-0024] Medical Devices; Hematology and Pathology Devices; Classification of Cord Blood Processing System and Storage Container AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration

(FDA)is classifying a cord blood processing system and storage container into class II (special controls). The special control that will apply to this device is the guidance document entitled “Class II Special Controls Guidance Document: Cord Blood Processing System and Storage Container.” FDA is classifying this device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of this device. Elsewhere in this issue of the **Federal Register** , FDA is announcing the availability of the guidance document that will serve as the special control for this device. DATES: This rule is effective March 5, 2007. The classification of this device into class II became effective on January 3, 2007. FOR FURTHER INFORMATION CONTACT: Denise Sánchez, Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-1448, 301-827-6210. SUPPLEMENTARY INFORMATION: I. Background In accordance with section 513(f)(1) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360c(f)(1)), devices that were not in commercial distribution before May 28, 1976, the date of enactment of the Medical Device Amendments of 1976 (the amendments), generally referred to as postamendments devices, are classified automatically by statute into class III without any FDA rulemaking process. These devices remain in class III and require premarket approval, unless and until the device is classified or reclassified into class I or II, or FDA issues an order finding the device to be substantially equivalent, in accordance with section 513(i) of the act, to a predicate device that does not require premarket approval. FDA determines whether new devices are substantially equivalent to predicate devices by means of premarket notification procedures in section 510(k) of the act (21 U.S.C. 360(k)) and 21 CFR part 807 of FDA's regulations. Section 513(f)(2) of the act provides that any person who submits a premarket notification under section 510(k) of the act for a device that has not previously been classified may, within 30 days after receiving an order classifying the device in class III under section 513(f)(1) of the act, request FDA to classify the device under the criteria set forth in section 513(a)(1) of the act. FDA shall, within 60 days of receiving such a request, classify the device by written order. This classification shall be the initial classification of the device. Within 30 days after the issuance of an order classifying the device, FDA must publish a notice in the **Federal Register** announcing such classification (section 513(f)(2) of the act). In accordance with section 513(f)(1) of the act, FDA issued an order on October 6, 2006, classifying into class III the Biosafe SA Sepax Cell Separation System and single use kits because this device is not substantially equivalent to a device that was introduced or delivered for introduction into interstate commerce for commercial distribution before May 28, 1976, or to a device which was subsequently reclassified into class I or class II. On November 1, 2006, Biosafe SA submitted to FDA a petition requesting classification of the Sepax Cell Separation System and single use kits under section 513(f)(2) of the act. The manufacturer recommended that the device be classified into class II (Ref. 1). In accordance with 513(f)(2) of the act, FDA reviewed the petition in order to classify the device under the criteria for classification set forth in 513(a)(1) of the act. Devices are to be classified into class II if general controls, by themselves, are insufficient to provide reasonable assurance of safety and effectiveness, but there is sufficient information to establish special controls to provide reasonable assurance of the safety and effectiveness of the device for its intended use. After review of the information submitted in the petition, FDA determined that the Biosafe SA Sepax Cell Separation System and single use kits, when used in the processing and the storage of cord blood, can be classified into class II with the establishment of special controls. FDA believes that special controls, in addition to general controls, are adequate to provide reasonable assurance of the safety and effectiveness of this device and that there is sufficient information to establish special controls to provide such assurance. This device is assigned the generic name “cord blood processing system and storage container.” It is identified as a device intended for use in the processing and the storage of cord blood. This device is a functionally closed processing system that includes containers, other soft goods, and a centrifugation system for cord blood concentration, and a final container for the cryopreservation and the storage of a cord blood product. FDA has identified the risks to health associated with the use of a cord blood processing system and storage container. These risks include lack of biocompatible components; toxicity of residual chemical sterilants used to sterilize device components; toxicity of leached materials from or that permeate through plastic device components; insufficient mechanical strength of device containers, tubing, and seals resulting in integrity failure of the device; contamination; instability of soft goods over time; physical damage to or loss of the cord blood product; software failure; operator/user injury; electromagnetic interference; and electrical hazards. FDA believes that the class II special controls guidance document will aid in mitigating the potential risks to health by providing recommendations for describing the device, validating performance characteristics, and labeling. The guidance document provides recommendations for fulfilling the premarket (510(k)) submission requirements for this device. FDA believes that the special controls guidance document, in addition to general controls, addresses the risks to health identified in the previous paragraph and provides reasonable assurance of the safety and effectiveness of a cord blood processing system and storage container. Therefore, on January 3, 2007, FDA issued an order to the petitioner classifying the device into class II. FDA is codifying this device classification at 21 CFR 864.9900. Following the effective date of this final classification rule, manufacturers submitting a 510(k) premarket notification for a cord blood processing system and storage container will need to address the issues covered in the special controls guidance. However, the manufacturer need only show that its device meets the recommendations of the guidance or in some other way provides equivalent assurance of safety and effectiveness. Section 510(m) of the act provides that FDA may exempt a class II device from the premarket notification requirements under section 510(k) of the act, if FDA determines that premarket notification is not necessary to provide reasonable assurance of the safety and effectiveness of the device. FDA has determined that premarket notification is necessary to provide reasonable assurance of the safety and effectiveness of this type of device and, therefore, this type of device is not exempt from premarket notification requirements. Persons who intend to market this type of device must submit to FDA a premarket notification, before marketing the device, which contains information about the cord blood processing system and storage container they intend to market. II. Analysis of Impacts FDA has examined the impacts of the final rule under Executive Order 12866, the Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). 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 agency believes that this final rule is not a significant regulatory action under the Executive order. The Regulatory Flexibility Act requires agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because classification of this device into class II will relieve manufacturers of the cost of complying with the premarket approval requirements of section 515 of the act (21 U.S.C. 360e), and will not constitute a potential barrier to small competitors that may wish to enter the market in the future, the agency certifies that the final rule will not have a significant economic impact on a substantial number of small entities. Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires that agencies prepare a written statement, which includes an assessment of anticipated costs and benefits, before proposing “any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.” The current threshold after adjustment for inflation is $122 million, using the most current

(2005)Implicit Price Deflator for the Gross Domestic Product. FDA does not expect this final rule to result in any 1-year expenditure that would meet or exceed this amount. III. Environmental Impact The agency has determined under 21 CFR 25.34(b) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. IV. Federalism FDA has analyzed this final rule in accordance with the principles set forth in Executive Order 13132. FDA has determined that the rule does not contain policies that have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, FDA has concluded that the rule does not contain policies that have federalism implications as defined in the Executive order and, consequently, a federalism summary impact statement is not required. V. Paperwork Reduction Act of 1995 This final rule contains no collections of information. Therefore, clearance by the Office of Management and Budget

(OMB)under the Paperwork Reduction Act

(PRA)of 1995 is not required. Elsewhere in this issue of the **Federal Register** , FDA is publishing a notice announcing the availability of the guidance document entitled “Class II Special Controls Guidance Document: Cord Blood Processing System and Storage Container.” FDA concludes that the special controls guidance document contains information collection provisions that are subject to review by the OMB under the PRA and that have been approved by OMB in accordance with the PRA under the regulations governing premarket notification submissions (21 CFR part 807, subpart E; OMB Control No. 0910-0120). VI. Reference The following reference has been placed on display in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday. 1. Petition from Biosafe SA for the classification of the Sepax Cell Separation System and single use kits into class II (special controls), dated November 1, 2006. List of Subjects in 21 CFR Part 864 Blood, Medical devices, Packaging and containers. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 864 is amended as follows: PART 864—HEMATOLOGY AND PATHOLOGY DEVICES 1. The authority citation for 21 CFR part 864 continues to read as follows: Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 371. 2. Add subpart K, consisting of § 864.9900, to read as follows: Subpart K—Products Used In Establishments That Manufacture Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps) § 864.9900 Cord blood processing system and storage container.

(a)*Identification* . A cord blood processing system and storage container is a device intended for use in the processing and the storage of cord blood. This device is a functionally closed processing system that includes containers, other soft goods, and a centrifugation system for cord blood concentration, and a final container for the cryopreservation and the storage of a cord blood product.

(b)*Classification* . Class II (special controls). The special control for this device is FDA's guidance document entitled “Class II Special Controls Guidance Document: Cord Blood Processing System and Storage Container.” For the availability of this guidance document, see § 864.1(d). Dated: January 24, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-1566 Filed 1-31-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP Honolulu 07-001] RIN 1625-AA87 Security Zone; Waters Surrounding M/V TONG CHENG, HI AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary 500-yard moving security zone around the M/V TONG CHENG during its transit within the Honolulu Captain of the Port Zone. This security zone is necessary to protect the M/V TONG CHENG from hazards associated with vessels and persons approaching too close during transit. Entry of persons or vessels into this temporary security zone is prohibited unless authorized by the Captain of the Port (COTP). DATES: This rule is effective from 12:01 a.m.

(HST)on January 22, 2007, until 11:59 p.m.

(HST)on February 18, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket COTP Honolulu 07-001 and are available for inspection or copying at Coast Guard Sector Honolulu, 400 Sand Island Parkway, Honolulu, HI, between 7 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant (Junior Grade) Quincey Adams, U.S. Coast Guard Sector Honolulu at

(808)842-2600. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. This security zone is established as part of the ongoing response operations relating to the M/V TONG CHENG. The Unified Command ordered this emergency procedure as soon as it was deemed necessary but not in time to complete full notice-and-comment rulemaking procedures, and the need for this temporary security zone was not determined until less than 30 days before the M/V TONG CHENG will require the protection provided by this rule. Publishing an NPRM and delaying the effective date would be contrary to the public interest since the transit would occur before completion of the notice-and-comment rulemaking process, thereby jeopardizing the security of the people and property associated with the operation. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . The COTP finds this good cause to be the immediate need for a security zone to allay the waterborne security threats surrounding the M/V TONG CHENG's transit. Background and Purpose On December 26, 2006, M/V TONG CHENG suffered damage to the number 2 cargo hold at sea during heavy weather. Damage consisted of a 2.5 foot fracture in the port shell. The Cargo hold had taken on 21 feet of water. The Vessel was enroute to Cuba via the Panama Canal. The Vessel altered course towards Honolulu seeking entry to effect repairs. Sector Honolulu formed a Unified Command with Customs and Border Protection, State of Hawaii and Responsible Party. Assets arranged under the Unified Command arrived on scene to conduct vessel damage assessment, source control, environmental assessment/mitigation and pollution investigation. Sector Honolulu coordinated with Marine Safety Center on vessel stability issues. The Unified Command plans to effect temporary repair of the hull damage in order to improve vessel stability for a safe transit to Honolulu Harbor for permanent repairs. Due to the unknown duration of repairs, M/V TONG CHENG's actual arrival date and time will not be known in advance. The Coast Guard is establishing this security zone to ensure that the vessel is protected during its transit into Honolulu Harbor with as much public notice as possible. Discussion of Rule This temporary security zone is effective from 12:01 a.m.

(HST)on January 22, 2007, until 11:59 p.m.

(HST)on February 18, 2007. It is located within the Honolulu Captain of the Port Zone (See 33 CFR 3.70-10) and covers all U.S. navigable waters extending 500 yards in all directions from M/V TONG CHENG, from the surface of the water to the ocean floor. The security zone moves with M/V TONG CHENG while in transit. The security zone becomes fixed when M/V TONG CHENG is anchored, position-keeping, or moored. The security zone is anticipated to be activated and enforced for just a few days during its four-week effective period, however operations are constrained by safety and security of the vessel and crew as well as the potential for damage to the environment from an oil spill. A broadcast notice to mariners will be issued to notify the public of this activation and enforcement period as soon as possible. M/V TONG CHENG will have a Coast Guard escort from entry into the Captain of the Port Honolulu Zone till it arrives at Honolulu Harbor or alternate anchorage designated by the Captain of the Port Honolulu. The general regulations governing security zones contained in 33 CFR 165.33 apply. Entering into, transiting through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port or a designated representative thereof. The Captain of the Port will cause notice of the enforcement of the security zone described in this section to be made by broadcast notice to mariners. Any Coast Guard commissioned, warrant, or petty officer, and any other Captain of the Port representative permitted by law, may enforce the zone. The Captain of the Port may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the security zone is unnecessary or impractical for the purpose of maritime security. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Regulatory Evaluation This rule is not a “significant regulatory action” under § 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under § 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. This expectation is based on the limited duration of the zone, the limited geographic area affected by it, and its ability to move with the protected vessel. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule will have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. We expect that there will be little or no impact to small entities due to the narrowly tailored scope of this security zone. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small entities in understanding this rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and either preempts State law or imposes a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards is inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.1D, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, under figure 2-1, paragraph (34)(g) of the Commandant Instruction M16475.1D, this rule is categorically excluded from further environmental documentation. An “Environmental Analysis Check List” and “Categorical Exclusion Determination (CED)” are available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add a new § 165.T14-152 to read as follows: § 165.T14-152 Security zone; waters surrounding M/V TONG CHENG, HI.

(a)*Location* . The following area, in U.S. navigable waters within the Honolulu Captain of the Port Zone (See 33 CFR 3.70-10), from the surface of the water to the ocean floor, is a security zone: All waters extending 500 yards in all directions from M/V TONG CHENG. The security zone moves with M/V TONG CHENG while it is in transit and becomes fixed when M/V TONG CHENG is anchored, position-keeping, or moored.

(b)*Effective period* . This section is effective from 12:01 a.m.

(HST)on January 22, 2007, until 11:59 p.m.

(HST)on February 18, 2007.

(c)*Regulations* . The general regulations governing security zones contained in 33 CFR 165.33 apply. Entering into, transiting through, or anchoring within this zone is prohibited unless authorized by the Captain of the Port or a designated representative thereof.

(d)*Enforcement* . The Coast Guard will begin enforcement of the security zone described in this section upon M/V TONG CHENG's arrival into the Captain of the Port Honolulu Zone.

(e)*Informational notice* . The Captain of the Port of Honolulu will cause notice of the enforcement of the security zone described in this section to be made by broadcast notice to mariners.

(f)*Authority to enforce* . Any Coast Guard commissioned, warrant, or petty officer, and any other Captain of the Port representative permitted by law, may enforce this temporary security zone.

(g)*Waiver* . The Captain of the Port may waive any of the requirements of this section for any person, vessel, or class of vessel upon finding that application of the security zone is unnecessary or impractical for the purpose of maritime security.

(h)*Penalties* . Vessels or persons violating this section are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Dated: January 21, 2007. V.B. Atkins, Captain, U.S. Coast Guard, Captain of the Port, Honolulu. [FR Doc. E7-1611 Filed 1-31-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 60 [EPA-R08-OAR-2005-UT-0007; FRL-8275-2] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Administrative Procedures AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule and delegation of authority. SUMMARY: EPA is approving a State Implementation Plan

(SIP)revision submitted by the Governor of Utah on August 15, 2001. This SIP submittal deletes Utah's rules R307-102-3, “Administrative Procedures and Hearings,” and R307-414-3, “Request for Review.” EPA is removing Utah's rules R307-102-3 and R307-414-3 from Utah's federally approved SIP, because these rules are not required to be in Utah's SIP. This action is being taken under section 110 of the Clean Air Act. EPA is also providing notice that on November 8, 2006, Utah was delegated authority to implement and enforce certain New Source Performance Standards, as of July 1, 2005. In addition, we are approving updates to the NSPS “Delegation Status of New Source Performance Standards” table. DATES: This rule is effective on April 2, 2007, without further notice, unless EPA receives adverse comment by March 5, 2007. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the **Federal Register** informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R08-OAR-2005-UT-0007, by one of the following methods: • *www.regulations.gov* Follow the on-line instructions for submitting comments. • *E-mail: ostrand.laurie@epa.gov* and *fiedler.kerri@epa.gov* . • *Fax:*

(303)312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments). • *Mail:* Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. • *Hand Delivery:* Director, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only accepted Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal holidays. Special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID Number EPA-R08-OAR-2005-UT-0007. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information

(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA, without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* For additional instructions on submitting comments, go to Section I. General Information of the SUPPLEMENTARY INFORMATION section of this document. *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, *i.e.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at the Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, Air and Radiation Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, CO 80202-1129, phone

(303)312-6493, and e-mail at: *fiedler.kerri@epa.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. General Information II. What Is the State's Process To Submit These Materials to EPA? III. EPA's Evaluation of the Submittal IV. Section 110(l) of the Clean Air Act V. Final Action VI. Statutory and Executive Order Reviews Definitions For the purpose of this document, we are giving meaning to certain words or initials as follows:

(i)The words or initials *Act* or *CAA* mean or refer to the Clean Air Act, unless the context indicates otherwise.

(ii)The words *EPA, we, us* or *our* mean or refer to the United States Environmental Protection Agency.

(iii)The initials *SIP* mean or refer to State Implementation Plan.

(iv)The word *State* means the State of Utah, unless the context indicates otherwise. I. General Information A. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through *www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for Preparing Your Comments.* When submitting comments, remember to:

(a)Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number).

(b)Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations

(CFR)part or section number.

(c)Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

(d)Describe any assumptions and provide any technical information and/or data that you used.

(e)If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

(f)Provide specific examples to illustrate your concerns, and suggest alternatives.

(g)Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

(h)Make sure to submit your comments by the comment period deadline identified. II. What Is the State's Process To Submit These Materials to EPA? Section 110(k) of the CAA addresses our actions on submissions of revisions to a SIP. The CAA requires States to observe certain procedural requirements in developing SIP revisions for submittal to us. Section 110(a)(2) of the CAA requires that each SIP revision be adopted after reasonable notice and public hearing. This must occur prior to the revision being submitted by a State to us. The Utah Air Quality Board

(AQB)held a public hearing on September 28, 2000, to address revisions to Utah's Administrative Procedures: adding R307-103, amending R307-120-8 and R307-415-6d, and deleting R307-102-3, R307-415-10 and R307-414-3. The AQB adopted the revisions on December 6, 2000, and they became State effective on December 7, 2000. Utah's Rule R307-103-2 was further revised at a public hearing held by the AQB on February 21, 2001, and was adopted by the AQB on April 4, 2001. Utah's Rule R307-103-2 became State effective on April 12, 2001. These SIP revisions were submitted by the Governor of Utah to us on August 15, 2001. Based on a letter from Richard W. Sprott, Director, Utah Division of Air Quality (UDAQ), to Richard Long, Director, Air and Radiation Program, dated May 18, 2005, Utah's Rules R307-120-8, R307-415-6d, and R307-415-10 were submitted for our reference only and should not be incorporated into the federally approved SIP. Furthermore, Utah's Rule R307-103 has been withdrawn based on a letter from the Governor of Utah, dated November 3, 2006. Therefore, we are only proposing to approve the removal of Utah's rules R307-102-3 and R307-414-3 from Utah's federally approved SIP. We have evaluated the Governor's submittal and have concluded that the State met the requirements for reasonable notice and public hearing under section 110(a)(2) of the CAA. The Utah Air Quality Board

(AQB)held a public hearing on May 18, 2006, to address revisions to Utah's Standards of Performance for New Stationary Sources (NSPS), R307-210. The revisions were adopted by the AQB and they became State effective on June 15, 2006. These revisions were submitted by the Governor of Utah to us on August 25, 2006. III. EPA's Evaluation of the Submittal A. Utah's Rule R307-102-3, “Administrative Procedures and Hearings” We are approving the removal of Utah's Rule R307-102-3, “Administrative Procedures and Hearings,” from Utah's federally approved SIP. Rule R307-102-3 designates whether certain proceedings and actions are to be conducted formally or informally. We approved this rule into the SIP on July 6, 1999 (64 FR 36248). These provisions are not required by the CAA and are, therefore, not required to be in Utah's SIP. However, the state has now deleted rule R307-102-3 and we are approving its removal from the SIP. B. Utah's Rule R307-414-3, “Request for Review” We are approving the removal of Utah's Rule R307-414-3, “Administrative Procedures and Hearings,” from Utah's federally approved SIP. Rule R307-414-3 contains provisions on how to appeal the fee for UDAQ review of applications for new construction or modification requests. We approved this rule into the SIP on July 8, 1994 (59 FR 35036). The CAA does not require that such provisions be in Utah's SIP. The state has now deleted rule R307-414-3 and we are approving the removal from the SIP. C. Delegation of Authority The August 25, 2006 submittal revises Utah's Rule R307-210, “Stationary Sources” by updating the incorporation by reference for new source performance standards

(NSPS)to reflect updated versions of the federal regulations. R307-210 is the rule the State uses to implement our NSPS. On November 8, 2006, we issued a letter delegating responsibility for all sources located, or to be located, in the State of Utah subject to the NSPS in 40 CFR part 60: Ref: 8P-AR Dianne R. Nielson, Executive Director, Department of Environmental Quality, 150 North 1950 West, Salt Lake City, UT 84114-4820 Dear Ms. Nielson: On August 25, 2006, the State submitted a revision to the Utah Air Quality Rules to the United States Environmental Protection Agency (EPA). Specifically, the State revised section R307-210-1. Standards of Performance for New Stationary Sources (NSPS), to incorporate the July 1, 2005 Code of Federal Regulations, and to make minor changes to the general provisions. This revision, in effect, updates the citation of the incorporated Federal NSPS to July 1, 2005. Subsequent to States adopting NSPS regulations, EPA delegates the authority for the implementation and enforcement of those NSPS, so long as the States' regulations are equivalent to the Federal regulations. EPA reviewed the pertinent statutes and regulations of the State of Utah and determined that they provide an adequate and effective procedure for the implementation and enforcement of the NSPS by the State of Utah. Therefore, pursuant to Section 111(c) of the Clean Air Act (Act), as amended, and 40 CFR Part 60, EPA hereby delegates its authority for the implementation and enforcement of the NSPS to the State of Utah as follows:

(A)Responsibility for all sources located, or to be located, in the State of Utah subject to the standards of performance for new stationary sources promulgated in 40 CFR Part 60. The categories of new stationary sources covered by this delegation are all NSPS subparts in 40 CFR Part 60, as in effect on July 1, 2005, except subparts Cb, Cc, Cd, Ce, BBBB and DDDD, which the State has excluded. Additionally, these subparts require state plans which are approved under a separate process pursuant to Section 111(d) of the Act.

(B)Not all authorities of NSPS can be delegated to States under Section 111(c) of the Act, as amended. The EPA Administrator retains authority to implement those sections of the NSPS that require:

(1)approving equivalency determinations and alternative test methods,

(2)decision-making to ensure national consistency, and

(3)EPA rulemaking in order to implement. Enclosed with this letter is a list of examples of sections in 40 CFR Part 60 related to the NSPS being delegated in this letter that cannot be delegated to the State of Utah.

(C)The Utah Department of Environmental Quality

(DEQ)and EPA will continue a system of communication sufficient to guarantee that each office is always kept informed and current regarding compliance status of the subject sources and interpretation of the regulations.

(D)Enforcement of the NSPS in the State will be the primary responsibility of the DEQ. If the DEQ determines that such enforcement is not feasible and so notifies EPA, or where the DEQ acts in a manner inconsistent with the terms of this delegation, EPA may exercise its concurrent enforcement authority pursuant to section 113 of the Act, as amended, with respect to sources within the State of Utah subject to NSPS.

(E)The State of Utah will at no time grant a variance or waiver from compliance with NSPS regulations. Should DEQ grant such a variance or waiver, EPA will consider the source receiving such relief to be in violation of the applicable Federal regulation and initiate enforcement action against the source pursuant to Section 113 of the Act. The granting of such relief by the DEQ shall also constitute grounds for revocation of the delegation by EPA.

(F)If at any time there is a conflict between a State regulation and a Federal regulation (40 CFR Part 60), the Federal regulation must be applied if it is more stringent than that of the State. If the State does not have the authority to enforce the more stringent Federal regulation, this portion of the delegation may be revoked.

(G)If the Regional Administrator determines that a State procedure for enforcing or implementing the NSPS is inadequate, or is not being effectively carried out, this delegation may be revoked in whole or part. Any such revocation shall be effective as of the date specified in a Notice of Revocation to the DEQ.

(H)Acceptance of this delegation of presently promulgated NSPS does not commit the State of Utah to accept delegation of future standards and requirements. A new request for delegation will be required for any standards not included in the State's request of August 25, 2006.

(I)Upon approval of the Regional Administrator of EPA Region 8, the Director of DEQ may sub-delegate his authority to implement and enforce the NSPS to local air pollution control authorities in the State when such authorities have demonstrated that they have equivalent or more stringent programs in force.

(J)The State of Utah must require reporting of all excess emissions from any NSPS source in accordance with 40 CFR Part 60.7(c).

(K)Performance tests shall be scheduled and conducted in accordance with the procedures set forth in 40 CFR Part 60 unless alternate methods or procedures are approved by the EPA Administrator. Although the Administrator retains the exclusive right to approve equivalent and alternate test methods as specified in 40 CFR Part 60.8(b)(2) and (3), the State may approve minor changes in methodology provided these changes are reported to EPA Region 8. The Administrator also retains the right to change the opacity standard as specified in 40 CFR Part 60.11(e).

(L)Determinations of applicability such as those specified in 40 CFR Part 60.5 and review of plans, as provided for in 40 CFR Part 60.6, shall be consistent with those determinations already made and reviews conducted by the EPA.

(M)Alternatives to continuous monitoring procedures or reporting requirements, as outlined in 40 CFR Part 60.13(i), may be approved by the State with the prior concurrence of the Regional Administrator.

(N)If a source proposes to modify its operation or facility which may cause the source to be subject to NSPS requirements, the State shall notify EPA Region 8 and obtain a determination on the applicability of the NSPS regulations.

(O)Information shall be made available to the public in accordance with 40 CFR Part 60.9. Any records, reports, or information provided to, or otherwise obtained by, the State in accordance with the provisions of these regulations shall be made available to the designated representatives of EPA upon request.

(P)All reports required pursuant to the delegated NSPS should not be submitted to the EPA Region 8 office, but rather to the DEQ.

(Q)As 40 CFR Part 60 is updated, Utah should revise its regulations accordingly and in a timely manner and submit to EPA requests for updates to its delegation of authority. EPA is approving Utah's request for NSPS delegation for all areas within the State except for the following: lands within the exterior boundaries of the Skull Valley, Paiute, Navajo, Goshute, White Mesa, and Northwestern Shoshoni Indian Reservations; Indian country lands within the Uintah and Ouray Indian Reservation; and any other areas which are “Indian Country” within the meaning of 18 U.S.C. 1151. Since this delegation is effective immediately, there is no need for the State to notify the EPA of its acceptance. Unless we receive written notice of objections from you within ten days of the date on which you receive this letter, the State of Utah will be deemed to accept all the terms of this delegation. EPA will publish an information notice in the **Federal Register** in the near future to inform the public of this delegation, in which this letter will appear in its entirety. If you have any questions on this matter, please contact me at

(303)312-6241 or have your staff contact Richard Long, Director of our Air and Radiation Program, at

(303)312-6005, or toll-free at 1-800-227-8917. Sincerely, Carol L. Campbell for Stephen S. Tuber Assistant Regional Administrator, Office of Partnerships and Regulatory Assistance Enclosure cc: Richard W. Sprott, Director, Division of Air Quality Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective Through July 1, 2005, to the State of Utah Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated 40 CFR Subparts Sections A 60.8(b)(2) and (b)(3), and those sections throughout the standards that reference 60.8(b)(2) and (b)(3); 60.11(b) and (e). Da 60.45a. Db 60.44b(f), 60.44b(g) and 60.49b(a)(4). Dc 60.48c(a)(4). Ec 60.56c(i), 60.8 J 60.105(a)(13)(iii) and 60.106(i)(12). Ka 60.114a. Kb 60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii), 60.116b(e)(3)(iv), and 60.116b(f)(2)(iii). O 60.153(e). S 60.195(b). DD 60.302(d)(3). GG 60.332(a)(4). VV 60.482-1(c)(2) and 60.484. WW 60.493(b)(2)(i)(A) and 60.496(a)(1). XX 60.502(e)(6). AAA 60.531, 60.533, 60.534, 60.535, 60.536(i)(2), 60.537, 60.538(e) and 60.539. BBB 60.543(c)(2)(ii)(B). DDD 60.562-2(c). GGG 60.592(c). III 60.613(e). JJJ 60.623. KKK 60.634. NNN 60.663(f). QQQ 60.694. RRR 60.703(e). SSS 60.711(a)(16), 60.713(b)(1)(i) and (ii), 60.713(b)(5)(i), 60.713(d), 60.715(a) and 60.716. TTT 60.723(b)(1), 60.723(b)(2)(i)(C), 60.723(b)(2)(iv), 60.724(e) and 60.725(b). VVV 60.743(a)(3)(v)(A) and (B), 60.743(e), 60.745(a) and 60.746. WWW 60.754(a)(5). CCCC The authorities identified in 60.2030(c). IV. Section 110(l) of the Clean Air Act Section 110(l) of the Clean Air Act states that a SIP revision cannot be approved if the revision would interfere with any applicable requirement of the National Ambient Air Quality Standards (NAAQS) or any other applicable requirements of the Act. The revisions are administrative in nature, will not affect emissions, and will not interfere with requirements of the Act. Therefore, these revisions do not interfere with attainment or maintenance of the NAAQS or other applicable requirements of the Act. V. Final Action EPA is approving a SIP revision submitted by the Governor of Utah on August 15, 2001. This SIP revision deletes rules R307-102-3, “Administrative Procedures and Hearings,” and R307-414-3, “Request for Review.” We are removing Utah's rules R307-102-3 and R307-414-3 from Utah's federally approved SIP. The Clean Air Act

(CAA)does not require these rules to be in Utah's SIP. The specific changes being approved in this document are explained in more detail above (see III.A., and III.B.). In addition, as requested by the Utah Governor with his August 25, 2006 submittal, we are providing notice that we granted delegation of authority to Utah on November 8, 2006, to implement and enforce the NSPS promulgated in 40 CFR part 60, effective as of July 1, 2005 (except subparts Cb, Cd, Cd, Ce, BBBB, and DDDD). However, the State's NSPS authorities do not include those authorities which cannot be delegated to the states, as indicated in the delegation letter to the state (see III.C.). EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the “Proposed Rules” section of today's **Federal Register** publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective April 2, 2007 without further notice unless the Agency receives adverse comments by March 5, 2007. If the EPA receives adverse comments, EPA will publish a timely withdrawal in the **Federal Register** informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. VI. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). The Congressional Review Act, 5 U.S.C. section 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 2, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements. 40 CFR Part 60 Air pollution control, Aluminum, Ammonium sulfate plants, Beverages, Carbon monoxide, Cement industry, Coal, Copper, Dry cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass and glass products, Graphic arts industry, Household appliances, Insulation, Intergovernmental relations, Iron, Lead, Lime, Metallic and nonmetallic mineral processing plants, Metals, Motor vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide, Paper and paper products industry, Particulate matter, Paving and roofing materials, Petroleum, Phosphate, Plastics materials and synthetics, Reporting and recordkeeping requirements, Sewage disposal, Steel, Sulfur oxides, Tires, Urethane, Vinyl, Waste treatment and disposal, Zinc. Dated: January 22, 2007. Robert E. Roberts, Regional Administrator, Region VIII. For the reasons stated in the preamble, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for Part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart TT—Utah 2. Section 52.2352 is amended by adding paragraph

(e)to read as follows: § 52.2352 Change to approved plan.

(e)Utah Administrative Code

(UAC)rule R307-102-3, Administrative Procedures and Hearings, and R307-414-3, Request for Review, are removed from Utah's approved State Implementation Plan (SIP). These provisions are not required by the CAA and are, therefore, not required to be in Utah's SIP. These provisions were last approved in 40 CFR 52.2320(c)(59)(i)(A). PART 60—[AMENDED] 3. The authority citation for part 60 continues to read as follows: Authority: 42 U.S.C 7401, *et seq.* Subpart A—General Provisions 4. In § 60.4(c), amend the table entitled “Delegation Status of New Source Performance Standards [(NSPS) for Region VIII]” by revising the entries for subpart “AAAA” and “CCCC” to read as follows: § 60.4 Addresses.

(c)* * * Delegation Status of New Source Performance Standards [(NSPS) for region VIII] Subpart CO MT ND SD UT WY * * * * * * * AAAA-Small Municipal Waste Combustors (*) (*) (*) (*) CCCC-Commercial and Industrial Solid Waste Incineration Units (*) (*) (*) (*) (*) Indicates approval of State regulation. [FR Doc. E7-1619 Filed 1-31-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 261 [EPA-R02-RCRA-2006-0804; FRL-8275-4] Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The Environmental Protection Agency (also, “EPA” or “the Agency” or “we”) in this preamble is granting a petition submitted by General Electric (GE), King of Prussia, Pennsylvania, to exclude (or delist), on a one-time basis, certain solid wastes that have been deposited and/or accumulated in two on-site drying beds and two on-site basins at GE's RCA del Caribe facility in Barceloneta, Puerto Rico from the lists of hazardous wastes contained in the regulations. These drying beds and basins were used exclusively for disposal of its chemical etching wastewater treatment plant

(WWTP)sludge. This action is specific to the RCA del Caribe site, bears no precedential effect on other delistings and conditionally excludes the petitioned waste from the list of hazardous wastes only if the waste is disposed of in a Subtitle D landfill which is permitted, licensed, or registered by a State or Commonwealth to manage industrial solid waste. The exclusion was proposed on March 19, 2004. DATES: *Effective Date:* February 1, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R02-RCRA-2006-0804. All documents in the docket are listed on the *www.regulations.gov* Web site. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy at the RCRA Programs Branch, Division of Environmental Planning and Protection, U.S. Environmental Protection Agency, Region 2, 290 Broadway, New York, New York 10007-1866, and are available for viewing from 8 a.m. to 4 p.m., Monday through Friday, excluding Federal holidays. Call Ernst J. Jabouin at

(212)637-4104 for appointments. The public may copy material from the regulatory docket at $0.15 per page. FOR FURTHER INFORMATION CONTACT: For general and technical information about this final rule, contact Ernst Jabouin, RCRA Program Branch (2DEPP-RPB), U.S. Environmental Protection Agency, Region 2, 290 Broadway, New York, New York 10007-1866 or call

(212)637-4104. SUPPLEMENTARY INFORMATION: The information in this section is organized as follows: I. Background A. What Is a Delisting Petition, and What Does It Require of Petitioner? B. What Regulations Allow a Waste To Be Delisted? II. GE's Delisting Petition A. What Wastes Did GE Petition the EPA To Delist? B. What Information Must the Generator Supply? C. What Information Did GE Submit To Support This Petition? III. Public Comments Received on the Proposed Exclusion A. Who Submitted Comments on the Proposed Rule B. Comments Received and Responses From EPA IV. EPA's Evaluation and Final Rule A. What Decision Is EPA Finalizing and Why? B. What Are the Terms of This Exclusion? C. When Is the Delisting Effective? D. How Does This Action Affect the States? V. Statutory and Executive Order Reviews I. Background A. What Is a Delisting Petition, and What Does It Require of a Petitioner? A delisting petition is a request from a facility to the EPA or an authorized State to exclude wastes from the list of hazardous wastes. The facility petitions the EPA because it does not consider the wastes hazardous under RCRA regulations. In a delisting petition, the petitioner must show that wastes generated at a particular facility do not meet any of the criteria for which the waste was listed. The criteria for which the EPA lists a waste are in part 261 and further explained in the background documents for the listed waste. In addition, under 40 CFR 260.22, a petitioner must prove that the waste does not exhibit any of the hazardous waste characteristics (ignitability, reactivity, corrosivity, and toxicity) and present sufficient information for the EPA to decide whether factors other than those for which the waste was listed warrant retaining it as a hazardous waste. (See part 261 and the background documents for the listed waste.) Generators remain obligated under RCRA to confirm whether their waste remains nonhazardous based on the hazardous waste characteristics even if the EPA has “delisted” the waste. B. What Regulations Allow a Waste To Be Delisted? Under 40 CFR 260.20 and 260.22, a generator may petition the EPA to remove its waste from hazardous waste control by excluding it from the lists of hazardous wastes contained in 40 CFR 261.31 and 261.32. Specifically, 40 CFR 260.20 allows any person to petition the Administrator to modify or revoke any provision of parts 260 through 266, 268, and 273 of Title 40 of the Code of Federal Regulations. 40 CFR 260.22 provides a generator the opportunity to petition the Administrator to exclude a waste on a “generator specific” basis from the hazardous waste lists. II. GE's Delisting Petition A. What Wastes Did GE Petition the EPA To Delist? On November 20, 1997, GE petitioned EPA Region 2 to exclude an estimated volume of hazardous wastes ranging from 5,000 to 15,000 cubic yards from the list of hazardous wastes contained in 40 CFR 261.31. These wastes were generated and disposed of at GE's facility in Barceloneta, PR, formerly known as the RCA del Caribe facility. This facility was on EPA's National Priority List and was the subject of a Superfund Remedial Investigation, Feasibility Study and Record of Decision. The wastes are described in GE's petition as EPA Hazardous Waste Number F006 wastewater treatment sludge that was generated from chemical etching operation and accumulated in two drying beds and two basins where the sludge mixed with soil. F006 is defined as “Wastewater treatment sludges from electroplating operations except from the following processes:

(1)Sulfuric acid anodizing of aluminum;

(2)tin plating on carbon steel;

(3)zinc plating (segregated basis) on carbon steel;

(4)aluminum or zinc-aluminum steel;

(5)cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and

(6)chemical etching and milling of aluminum.” The constituents of concern for which F006 is listed are cadmium, hexavalent chromium, nickel and complexed cyanide. B. What Information Must the Generator Supply? A generator must provide sufficient information to allow the EPA to determine that the waste does not meet any of the criteria for which it was listed as a hazardous waste. In addition, where there is a reasonable basis to believe that factors other than those for which the waste was listed (including additional constituents) could cause the waste to be hazardous, the Administrator must determine that such factors do not warrant retaining the waste as hazardous. C. What Information Did GE Submit To Support This Petition? To support its petition, GE submitted

(1)Descriptions and schematic diagrams of its manufacturing and wastewater treatment processes, including historical information on past waste generation and management practices;

(2)detailed chemical and physical analysis of the sludge; and

(3)environmental monitoring data from past and recent studies of the facility, including groundwater data from wells located around the two drying beds and two basins. GE also submitted a signed certification of accuracy and responsibility statement set forth in 40 CFR 260.22(i)(12). By this certification, GE attests that all submitted information is true, accurate and complete. III. Public Comments Received on the Proposed Exclusion A. Who Submitted Comments on the Proposed Rule The EPA received public comments on the proposed notice published on March 19, 2004 from General Electric Company, King of Prussia, PA (GE), the petitioner, and by postcard from an individual in New Jersey. B. Comments Received and Responses From EPA *Comment:* GE stated that the in-place verification sampling for the petitioned waste should not be required since:

(1)GE met the criteria for waste characterization with prior sampling and EPA approved the delisting based on the prior sampling;

(2)GE filed a signed certification of accuracy and responsibility statement pursuant to 40 CFR 260.22(i)(12);

(3)conditions at the facility did not change in a manner that would suggest that the petitioned waste's characteristics have changed since the prior sampling was conducted;

(4)the sampling EPA included in the proposed rule was nearly identical to the sampling that GE had already conducted, and which EPA previously approved as a representative sampling protocol for the petitioned waste, and

(5)EPA correspondence and guidance did not support the need for the verification sampling that was listed in the proposed rule. *Response:* EPA agrees that, as a “one-time” standard exclusion, the previous waste characterization is sufficient and that no in-place verification sampling needs to be performed. Under a closure plan, EPA has required post-excavation sampling by GE to show that the sludge and sludge mixed with soil have been removed and there is no waste remaining in the units at the facility. *Comment:* GE stated that the Final Rule should be based upon a cumulative risk analysis, and specific delisting levels for individual constituents should not be included in the Final Rule. *Response:* EPA believes it is not necessary to address this comment since GE's wastes passed both cumulative risk analysis and specific delisting levels for individual constituents. EPA also agrees that, for a “one-time” standard exclusion, the Agency does not need to report delisting levels in the final rule. *Comment:* GE stated that EPA should reevaluate the individual delisting levels for arsenic for three reasons:

(1)Arsenic was not used in the manufacturing process and should be regarded as a background constituent that is not subject to regulation;

(2)EPA has considered the presence of naturally occurring arsenic and has acknowledged that delisting levels for arsenic should be calculated based on the point-of-exposure

(POE)concentration allowed by the Maximum Concentration Limit (MCL); and

(3)since the individual delisting levels are directly related to the amount of waste being delisted, EPA inappropriately used the total amount of waste (15,000 cu. yards) in the Delisting Risk Assessment Software

(DRAS)to calculate the individual delisting level for arsenic, rather than the amount of waste petitioned to be delisted from the basins only. As arsenic found in the drying beds and basins is likely due to the inadvertent mixing of native soil with the sludge, EPA should have excluded the volume of material outside the drying beds and basins entirely. *Response:* GE's wastes passed the arsenic level identified as the delisting level in the proposed rule. As a result, EPA believes it is not necessary to address these comments. *Comment:* The proposed rule inappropriately included a statement that the “exclusion does not change the regulatory status of the drying beds and on-site basins at the facility in Barceloneta, Puerto Rico where the waste has been disposed.” This statement is unnecessary as it is immaterial to the Rule being proposed, namely whether the petitioned waste should be excluded. GE has previously corresponded with EPA regarding the regulatory status of the drying beds and basins, and expects that EPA will address that issue in a separate context. Since the comment is immaterial to the Proposed Rule, it should be removed from the Final Rule. *Response:* EPA is not including this statement in the final rule as its inclusion is not critical in the particular circumstances of this site. GE has submitted a plan entitled “Clean Closure Plan for Waste Units—Former RCA Del Caribe Facility” (the “Plan”), which EPA believes will achieve clean closure of the units. *Comment:* EPA must do independent tests. GE polluted the Hudson River horribly so to rely on this company's representation on what is hazardous and what is not seems ludicrous. They have polluted before! GE prefers to spend its money on Jack Welch not being careful on the earth! The testing listed seems far too little to be acceptable. Page 5 details what the waste is NOT FROM rather than focusing on where the waste is FROM! Public is NOT being told exactly what origin/processes are involved. Is this withholding of information deliberate? Chromium is extremely TOXIC! I recommend holding GE to much stricter standards. *Response:* The waste is F006 wastewater treatment sludge that was generated from chemical etching operation. The tests of the waste conducted by GE have been independently validated by independent validators. Also, as stated above in paragraph II.C., GE has signed a certification of accuracy and responsibility statement set forth in 40 CFR 260.22(i)(12). By this certification, GE attests that all submitted information is true, accurate and complete. GE analyzed the wastes and groundwater for arsenic, barium, cadmium, chromium, hexavalent chromium, lead, mercury, nickel, selenium, and silver; for Appendix IX Volatile Organic Compounds (VOCs); and, for Appendix IX Semi-Volatile Organic Compounds (SVOCs). Characteristic testing of soil and sludge samples also included analysis of ignitability and corrosivity. EPA believes appropriate standards have been satisfied. IV. EPA's Evaluation and Final Rule A. What Decision Is EPA Finalizing and Why? Today the EPA is finalizing an exclusion for an estimated volume ranging from 5,000 to 15,000 cubic yards of WWTP sludge resulting from the chemical etching operation at its facility in RCA del Caribe in Barceloneta, Puerto Rico. GE petitioned EPA to exclude, or delist, the WWTP sludge because GE believes that the petitioned waste does not meet the criteria for which it was listed and that there are no additional constituents or factors which could cause the waste to be hazardous. Review of this petition included consideration of the original listing criteria, as well as the additional factors required by the Hazardous and Solid Waste Amendments of 1984 (HSWA). See section 222 of HSWA, 42 United States Code (U.S.C.) 6921(f), and 40 CFR 260.22. On March 19, 2004, EPA proposed to exclude or delist GE's WWTP sludge resulting from the chemical etching operation from the list of hazardous wastes in 40 CFR 261.31 and accepted public comment on the proposed rule (69 FR 12995). EPA considered all comments received, and we believe that this waste should be excluded from hazardous waste control. B. What Are the Terms of This Exclusion? GE must dispose of the WWTP sludge resulting from the chemical etching operation at its facility in Barceloneta, PR, formerly known as the RCA del Caribe facility, in a Subtitle D landfill which is permitted, licensed, or registered by a State or Commonwealth to manage industrial waste. Any amount of WWTP sludge which is in excess of 15,000 cubic yards is not considered delisted under this exclusion. This exclusion is effective only if all conditions contained in today's rule are satisfied. C. When Is the Delisting Effective? This rule is effective February 1, 2007. The Hazardous and Solid Waste Amendments of 1984 amended section 3010 of RCRA to allow rules to become effective in less than six months when the regulated community does not need the six-month period to come into compliance. This rule reduces rather than increases the existing requirements and, therefore, is effective immediately upon publication under the Administrative Procedure Act, pursuant to 5 U.S.C. 553(d). D. How Does This Action Affect the States or the Commonwealth? Because EPA is issuing today's exclusion under the Federal RCRA delisting program, only States or Commonwealth subject to Federal RCRA delisting provisions would be affected. This would exclude States or Commonwealth who have received authorization from the EPA to make their own delisting decisions. EPA allows the States or the Commonwealth of Puerto Rico to impose their own non-RCRA regulatory requirements that are more stringent than the EPA's, under section 3009 of RCRA, 42 U.S.C. 6929. These more stringent requirements may include a provision that prohibits a Federally issued exclusion from taking effect in the State or Commonwealth. Because a dual system (that is, both Federal

(RCRA)and State or Commonwealth (non-RCRA) programs) may regulate a petitioner's waste, the EPA urges petitioner to contact the pertinent State or the Commonwealth regulatory authority to establish the status of its wastes under the State or Commonwealth law. EPA has also authorized some States to administer a delisting program in place of the federal program to make State delisting decisions. Therefore, this exclusion does not apply in those authorized States. If GE transports the petitioned waste to or manages the waste in any State with delisting authorization, GE must obtain a delisting from that State before it can manage the waste as nonhazardous in the State. Delisting petitions approved by the EPA Administrator under 40 CFR 260.22 are effective only after the final rule has been published in the **Federal Register.** V. Statutory and Executive Order Reviews Under Executive Order 12866, “Regulatory Planning and Review” (58 FR 51735, October 4, 1993), this rule is not of general applicability and therefore is not a regulatory action subject to review by the Office of Management and Budget (OMB). This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) because it applies to a particular facility only. Because this rule is of particular applicability relating to a particular facility, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), or to sections 202, 204, and 205 of the Unfunded Mandates Reform Act of 1995

(UMRA)(Pub. L. 104-4). Because this rule will affect only a particular facility, it will not significantly or uniquely affect small governments, as specified in section 203 of UMRA. Because this rule will affect only a particular facility, this final rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, “Federalism” (64 FR 43255, August 10, 1999). Thus, Executive Order 13132 does not apply to this rule. Similarly, because this rule will affect only a particular facility, this final rule does not have tribal implications, as specified in Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000). Thus, Executive Order 13175 does not apply to this rule. This rule also is not subject to Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant as defined in Executive Order 12866, and because the Agency does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. The basis for this belief is that the Agency used the DRAS program, which considers health and safety risks to infants and children, to calculate the maximum allowable concentrations for this rule. This rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. This rule does not involve technical standards; thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988, “Civil Justice Reform,” (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report which includes a copy of the rule to each House of the Congress and to the Comptroller General of the United States. Section 804 exempts from section 801 the following types of rules:

(1)Rules of particular applicability;

(2)rules relating to agency management or personnel; and

(3)rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties, 5 U.S.C. 804(3). EPA is not required to submit a rule report regarding today's action under section 801 because this is a rule of particular applicability. List of Subjects in 40 CFR Part 261 Environmental protection, Hazardous waste, Recycling, Reporting and recordkeeping requirements. Authority: Section 3001(f) RCRA, 42 U.S.C. 6921(f). Dated: January 26, 2007. Walter Mugdan, Director, Division of Environmental Planning and Protection, Region 2. For the reasons set out in the preamble, 40 CFR part 261 is amended as follows: PART 261—IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 1. The authority citation for part 261 continues to read as follows: Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, and 6938. 40 CFR Part 261, Appendix IX 2. Table 1 of appendix IX of part 261 is amended by adding the following entry in alphabetical order by facility to read as follows: Appendix IX to Part 261—Waste Excluded Under §§ 260.20 and 260.22 Table 1.—Waste Excluded From Non-Specific Sources Facility Address Waste description * * * * * * * GE's Former RCA del Caribe Barceloneta, PR Wastewater treatment plant

(WWTP)sludges from chemical etching operation (EPA Hazardous Waste No. F006) and contaminated soil mixed with sludge. This is a one-time exclusion for a range of 5,000 to 15,000 cubic yards of WWTP sludge on condition of disposal in a Subtitle D landfill. This exclusion was published on February 1, 2007. 1. Reopener Language—(a) If, anytime after disposal of the delisted waste, GE discovers that any condition or assumption related to the characterization of the excluded waste which was used in the evaluation of the petition or that was predicted through modeling is not as reported in the petition, then GE must report any information relevant to that condition or assumption, in writing, to the Director of the Division of Environmental Planning and Protection in Region 2 within 10 days of first of discovering that information.

(b)Upon receiving information described in paragraph

(a)of this section, regardless of its source, the Director will determine whether the reported condition requires further action. Further action may include repealing the exclusion, modifying the exclusion, or other appropriate action deemed necessary to protect human health or the environment. 2. Notifications—GE must provide a one-time written notification to any State or Commonwealth Regulatory Agency in any State or Commonwealth to which or through which the waste described above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the waste exclusion and a possible revocation of the decision. * * * * * * * [FR Doc. E7-1618 Filed 1-31-07; 8:45 am] BILLING CODE 6560-50-P GENERAL SERVICES ADMINISTRATION 48 CFR Parts 511, 516, 532, 538, 546, and 552 [Amendment 2007-01; GSAR Case 2006-G522; Change 18 Docket 2007-0003, Sequence 1] RIN 3090-AI32 General Services Acquisition Regulation; Federal Supply Schedule Contracts-Recovery Purchasing by State and Local Governments Through Federal Supply Schedules AGENCY: Office of the Chief Acquisition Officer, Contract Policy Division, General Services Administration (GSA). ACTION: Interim rule with request for comments. SUMMARY: The General Services Administration

(GSA)is amending the General Services Administration Acquisition Regulation

(GSAR)to implement Section 833 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 833 amends 40 U.S.C. 502 to authorize the Administrator of General Services to provide to State and local governments the use of Federal Supply Schedules of the GSA for purchase of products and services to be used to facilitate recovery from a major disaster, terrorism or nuclear, biological, chemical, or radiological attack. DATES: *Effective Date:* February 1, 2007. *Comment Date:* Interested parties should submit comments in writing to the Regulatory Secretariat at the address shown below on or before April 2, 2007 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by Amendment 2007-01, GSAR case 2006-G522, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Search for any document by first selecting the proper document types and selecting “General Services Administration” as the agency of choice. At the “Keyword” prompt, type in the GSAR case number (for example, GSAR case 2006-G522) and click on the “Submit” button. Please include any personal and/or business information inside the document. You may also search for any document by clicking on the “Advanced search/document search” tab at the top of the screen, selecting from the agency field “General Services Administration,” and typing the GSAR case number in the keyword field. Select the “Submit” button. • *Fax:* 202-501-4067. • *Mail:* General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW., Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. *Instructions:* Please submit comments only and cite GSAR case 2006-G522, in all correspondence related to this case. All comments received will be posted without change to *http://www.regulations.gov,* including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. William Clark, Procurement Analyst, at

(202)219-1813, for clarification of content. Please cite Amendment 2007-01, GSAR case 2006-G522. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at

(202)501-4755. SUPPLEMENTARY INFORMATION: A. Background The Federal Supply Schedule Program, which is directed and managed by GSA, is designed to provide Federal agencies with a simplified process of acquiring commonly used commercial supplies and services at prices associated with volume buying. Ordering activities conduct streamlined competitions among a number of schedule contractors, issue orders directly with the selected contractor, and administer orders. This interim rule amends GSAR Parts 511, 516, 532, 538, 546, and 552 to implement Section 833 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364). Section 833 amends 40 U.S.C. 502 to authorize the Administrator of General Services to provide to State and local governments the use of Federal Supply Schedules of the GSA for purchase of products and services to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 *et seq.* ) or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack. Section 833 requires the Secretary of Homeland Security to determine which products and services qualify before the Administrator provides for the use of the Federal Supply Schedules. House Report 109-452 of the Committee on Armed Services indicates that Section 833 builds on the implementation of the Cooperative Purchasing Program authorized in Section 211 of the E-Government Act of 2002 (Pub. L. 107-347), which opened GSA's information technology schedule, Schedule 70, for use by State and local governments. “State and local government entities,” means the states of the United States, counties, municipalities, cities, towns, townships, tribal governments, public authorities (including public or Indian housing agencies under the United States Housing Act of 1937), school districts, colleges and other institutions of higher education, council of governments (incorporated or not), regional or interstate government entities, or any agency or instrumentality of the preceding entities (including any local educational agency or institution of higher education), and including legislative and judicial departments. The term does not include contractors of, or grantees of, State or local governments.

(1)“Local educational agency” has the meaning given that term in section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713).

(2)“Institution of higher education” has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(3)“Tribal government” means—

(i)The governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and

(ii)Any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). Eligible state or local government ordering activities are encouraged to use the ordering procedures outlined in Federal Acquisition Regulation

(FAR)Subpart 8.4 (48 CFR Chapter 1, Subpart 8.4) when placing an order against Federal Supply Schedules contracts. This interim rule establishes a new GSAR Subpart 538.71 and amends associated clauses to address recovery purchasing from supply schedules by eligible non-federal organizations. Among other things, the rule defines the scope of recovery purchasing, its usage, and applicable terms and conditions, including payment and the handling of disputes. *Scope.* State and local governments are authorized to use Federal Supply Schedules to procure products and services determined by the Secretary of Homeland Security to facilitate recovery from major disasters, terrorism, or nuclear, biological, chemical, or radiological attack. This authority is limited to GSA's Multiple Award Schedule contracts and does not include any other GSA programs. A listing of the Federal Supply Schedules for the products and services is available in GSA's Schedules e-Library at Web site *http://www.gsaelibrary.gsa.gov.* The State or local government ordering activity is responsible for ensuring that only authorized representatives of their governments place orders and that purchased products or services are used to facilitate recovery from major disasters or attacks for the purposes stated in Section 833. *Voluntary use.* The authority provided in this rule is available for use on a voluntary ( *i.e.* , non-mandatory) basis. In other words, businesses with schedule contracts which contain items for recovery purchasing have the option of deciding whether they will accept orders placed by State or local government buyers. Existing schedule contracts which contain items for recovery purchasing may be modified only by mutual agreement of the parties. After an existing contract has been modified, a schedule contractor still retains the right to decline orders by State or local government buyers on a case-by-case basis. Future schedule contractors will also be able to decline orders on a case-by-case basis. Schedule contractors may decline any order, for any reason, within a 5-day period of receipt of the order (See GSAR 552.238-78). Similarly, the rule places no obligation on State and local government buyers. They will have full discretion to decide if they wish to make a Federal Supply Schedule purchase, subject, however, to any limitations that may be established under State and local law and procedures. *Defined terms and conditions.* Under new GSAR clause 552.238-80, Use of Federal Supply Schedule Contracts by Certain Entities-Recovery Purchasing, which will be incorporated into covered schedule contracts of participating contractors, a new contract will be formed when the schedule contractor accepts an order from a State or local government. However, with certain exceptions provided in this rule, terms and conditions of the underlying schedule contract will be incorporated by reference into the new contract between the State or local government and the contractor. A State and local government ordering activity may include terms and conditions required by statute, ordinance, regulation, or order to the extent that these terms and conditions do not conflict with the terms and conditions of the Schedule contract. With respect to payment, this rule amends the GSAR to make the clause at 552.232-81, Payments by Non-Federal Ordering Activities, applicable to Federal Supply Schedules for recovery purchasing. The clause provides that the terms and conditions of a State's prompt payment law apply to orders placed by eligible non-Federal ordering activities. If the ordering activity is not otherwise subject to a State prompt payment law, the activity would be covered by the Federal Prompt Payment Act, 31 U.S.C. 3901, *et seq.* , as implemented in FAR Subpart 32.9, in the same manner as Federal ordering activities. The Federal Government will not be liable for the performance or nonperformance of contracts established under the authority of this rule between schedule contractors and eligible non-federal entities. Disputes that cannot be resolved by the parties to the new contract can be litigated in any State or Federal court with jurisdiction over the parties, using principles of Federal procurement law and the Uniform Commercial Code, as applicable and appropriate. The prices of supplies and services available on schedule contracts include an industrial funding fee. The fee covers the administrative costs incurred by GSA to operate the Schedules program. The fee will be periodically adjusted as necessary to recover the cost of operating the program. *Advance Purchasing.* State and local governments may use the Federal Supply Schedule contracts to purchase products or services in advance of a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 *et seq.* ) or terrorist, nuclear, biological, chemical, or radiological attack. In the aftermath of emergency events, State or local governments' systems may be disrupted. Thus, use of Federal Supply schedule contracts prior to these events to acquire products or services to be used to facilitate recovery is authorized. The State or local government will be responsible for ensuring that purchased products or services are to be used to facilitate recovery. *Transactional data.* GSA anticipates a need for specific information regarding recovery purchasing. Quality transactional data will allow for effective program measurement and improvement. GSA is interested in comments on the schedule contractors' ability to report data elements such as items and quantities sold, prices, and State or local government placing the order. GSA also is interested in hearing industry's perspective on the best way to capture this data. B. Unfunded Mandates Reform Act and Executive Order 13132 The following statutes and Executive orders do not apply to this rulemaking: Unfunded Mandates Reform Act of 1995; Executive Order 13175, Consultation and Coordination with Indian Tribal Governments; and Executive Order 13132, Federalism. C. Regulatory Flexibility Act The changes may have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* , because the interim rule will affect large and small entities including small businesses that are awarded schedule contracts for recovery purchasing, under the GSA Federal Supply Schedule program; non-schedule contractors, including small businesses, contracting with State or local governments; and small governmental jurisdictions that will be eligible to place orders under schedule contracts for recovery purchasing. An Initial Regulatory Flexibility Analysis

(IRFA)has been prepared. The analysis is summarized as follows: 1. Description of the reasons why action by the agency is being considered. To implement section 833, Use of Federal Supply Schedules by State and Local Governments for Goods and Services for Recovery from Natural Disasters, Terrorism, or Nuclear, Biological, Chemical, or Radiological Attack, of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364). Section 833 amends section 502 of title 40, United States Code, to authorize the Administrator to provide for use by State or local governments of Federal Supply Schedules of the General Services Administration for products or services that are to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 *et seq.* ) or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack. The rule opens Federal Supply Schedule contracts for recovery purchasing, for use by other governmental entities to enhance intergovernmental cooperation. 2. Succinct statement of the objectives of, and legal basis for the interim rule. The interim rule will implement section 833 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364) with the objective of opening Federal Supply Schedule contracts for use by other governmental entities to enhance intergovernmental cooperation. The goal of the new rule is to make “government” (considering all levels) more efficient by reducing duplication of effort and utilizing volume purchasing techniques for the acquisition products and services determined by the Secretary of Homeland Security to facilitate recovery from a major disaster, terrorism, or nuclear, biological, chemical, or radiological attack. 3. Description of, and where feasible, estimate of the number of small entities to which the interim rule will apply. The rule will affect large and small entities including small businesses that are awarded schedule contracts for recovery purchasing, under the GSA Federal Supply Schedule program; non-schedule contractors, including small businesses, contracting with State or local governments; and small governmental jurisdictions that will be eligible to place orders under schedule contracts for recovery purchases. Approximately 80 percent (12,494) of GSA Schedule contractors are small businesses and they accounted for 37 percent of the sales under the Schedules program for Fiscal Year 2005. All of the small business contractors under the Schedules for recovery purchasing will be allowed, at the schedule contractor's option, to accept orders from State and local governments. Obviously, the expanded authority to order from Schedule contracts for recovery purchasing could increase the sales of small business schedule contractors. It is difficult to identify the number of non-schedule small businesses that currently sell directly to State and local governments. The ability of governmental entities to use Schedule contracts for recovery purchasing, may affect the competitive marketplace in which those small businesses operate. State and local government agencies could realize lower prices on some products and services, less administrative burden and shortened procurement lead times. The rule does not affect or waive State or local government preference programs. Finally, small governmental jurisdictions will also be affected Counties, incorporated municipalities, minor subdivisions, public housing authorities, school districts, public educational institutions of higher learning, and Indian tribal governments would be among those affected if they chose to order from Schedule contracts for recovery purchasing. Federal Supply Schedule contracts are negotiated as volume purchase agreements, with generally very favorable pricing. The ability of small governmental entities to order from Schedule contracts for recovery purchasing holds out the potential for significant cost savings for those organizations as well as providing alternative sources of goods and services in case their usual and customary sources of supply are interrupted in the aftermath of the disaster. 4. Description of projected reporting, recordkeeping, and other compliance requirements of the rule, including an estimate of the classes of small entities that will be subject to the requirement and the type of professional skills necessary for preparation of the report or record. The interim rule makes changes in certain provisions or clauses in order to recognize the fact that authorized non-federal ordering activities may place orders under the contract. The Office of Management and Budget under the Paperwork Reduction Act has previously approved these clauses and the changes do not impact the information collection or recordkeeping requirements. 5. Identification, to the extent practicable, of all relevant Federal rules that may duplicate, overlap or conflict with the rule. The interim rule does not duplicate, overlap, or conflict with any other Federal rules. 6. Description of any significant alternatives to the interim rule that accomplish the stated objectives of applicable statutes and that minimize any significant economic impact of the rule on small entities. There are no practical alternatives that will accomplish the objective of this rule. The Regulatory Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. Interested parties may obtain a copy from the Regulatory Secretariat. The Councils will consider comments from small entities concerning the affected GSAR Parts 511, 516, 532, 538, and 552 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C 601, *et seq.* (Amendment 2007-01, GSAR case 2006-G522), in correspondence. D. Paperwork Reduction Act The Paperwork Reduction Act (Pub. L. 104-13) applies because the interim rule contains information collection requirements. The new clause at 552.238-80, Use of Federal Supply Schedule Contracts by Certain Entities-Recovery Purchasing, provides for the contractor to report the quarterly dollar value of all sales under the contract to State and local governments, which includes any State, local, regional or tribal government or any instrumentality thereof (including any local educational agency or institution of higher learning). The records required for reporting are the same as those normally maintained by a contractor in the commercial world and do not represent a Government-unique recordkeeping requirement. Therefore, the estimated burden for this clause under the Paperwork Reduction Act is zero. GSA has a blanket approval under OMB Control Number 3090-0250 from Office of Management and Budget for information collections with a zero burden estimate. E. Determination To Issue an Interim Rule A determination has been made under the authority of the Administrator of General Services

(GSA)that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary to implement Section 833 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364), signed by the President on October 17, 2006. The law requires the Administrator of General Services to establish procedures to implement Section 833 not later than 30 days after the date of the enactment of the Act. GSA wishes to obtain public comments on the changes. Due to the statutory deadline, the rule is being issued as an interim rule rather than as a proposed rule. Comments received in response to the publication of this interim rule will be considered in formulating the final rule. List of Subjects in 48 CFR Parts 511, 516, 532, 538, 546, and 552 Government procurement. Dated: January 29, 2007. Roger D. Waldon, Acting Senior Procurement Executive, Office of the Chief Acquisition Officer. Therefore, GSA amends 48 CFR parts 511, 516, 532, 538, 546, and 552 as set forth below: 1. The authority citation for 48 CFR parts 511, 516, 532, 538, 546, and 552 continues to read as follows: Authority: 40 U.S.C. 121(c). PART 511—USING AND MAINTAINING REQUIREMENTS DOCUMENTS 2. Revise paragraphs (c)(3) and

(d)of section 511.204 to read as follows: 511.204 Solicitation provisions and contract clauses.

(c)* * *

(3)Include the clause at 552.211-75, Preservation, Packaging and Packing, in solicitations and contracts for supplies expected to exceed the simplified acquisition threshold. You may also include the clause in contracts estimated to be at or below the simplified acquisition threshold when appropriate. Use Alternate I in solicitations and contracts for—

(i)FSS Schedule 70 and the Consolidated Products and Services Schedule containing information technology Special Item Numbers; or

(ii)Federal Supply Schedules for recovery purchasing (See 538.7102).

(d)*Supply contracts.* Include the clause at 552.211-77, Packing List, in solicitations and contracts for supplies, including purchases over the micropurchase threshold. Use Alternate I in solicitations and contracts for—

(1)FSS Schedule 70 and the Consolidated Products and Services Schedule containing information technology Special Item Numbers; or

(2)Federal Supply Schedules for recovery purchasing (See 538.7102). PART 516—INDEFINITE-DELIVERY CONTRACTS 3. Amend section 516.506 by— a. Redesignating paragraph

(d)as (e); b. Adding a new paragraph (d); and c. Amending the newly designated paragraph

(e)by revising the last sentence. The added and revised text reads as follows: 516.506 Solicitation provisions and contract clauses.

(d)In solicitations and contracts for Federal Supply Schedules for recovery purchasing (See 538.7102), use 552.216-72, Placement of Orders, Alternate IV, instead of Alternate II.

(e)* * * Use 552.216-73 Alternate II when 552.216-72 Alternate II, Alternate III, or Alternate IV are prescribed. PART 532—CONTRACT FINANCING 4. Amend section 532.206 by revising paragraphs

(a)and

(b)to read as follows: 532.206 Solicitation provisions and contract clauses.

(a)*Discounts for prompt payment.* Include 552.232-8, Discounts for Prompt Payments, in multiple award schedule solicitations and contracts instead of the clause at Federal Acquisition Regulation 52.232-8. Use Alternate I in solicitations and contracts for—

(1)FSS Schedule 70 and the Consolidated Products and Services Schedule containing information technology Special Item Numbers (SINs); or

(2)Federal Supply Schedules for recovery purchasing (See 538.7102).

(b)The contracting officer shall insert the clause at 552.232-81, Payments by Non-Federal Ordering Activities, in solicitations and schedule contracts for—

(1)FSS Schedule 70 and Consolidated Products and Services Schedule contracts containing information technology SINs; or

(2)Federal Supply Schedules for recovery purchasing (See 538.7102). 5. Amend section 532.7003 by revising paragraphs

(b)and

(c)to read as follows: 532.7003 Contract clause.

(b)Federal Supply Schedule contracts. Use Alternate I of the clause at 552.232-77 for all FSS schedule solicitations and contracts, except for—

(1)Federal Supply Schedule 70, Information Technology, and the Consolidated Products and Services Schedule contracts containing information technology Special Item Numbers; or

(2)Federal Supply Schedule contracts for recovery purchasing (See 538.7102).

(c)*Federal Supply Schedule contracts for information technology Special Item Numbers or Federal Supply Schedules for recovery purchasing (See 538.7102).* In solicitations and contracts for

(1)FSS Schedule 70 and the Consolidated Products and Services Schedule containing information technology Special Item Numbers; or

(2)Federal Supply Schedule contracts for recovery purchasing (See 538.7102), use 552.232-79 instead of 552.232-77. PART 538—FEDERAL SUPPLY SCHEDULE CONTRACTING 6. Amend section 538.273 by revising paragraphs (a)(2) and (b)(2) to read as follows: 538.273 Contract clauses.

(a)* * *

(2)552.238-71, Submission and Distribution of Authorized FSS Schedule Pricelists. In solicitations and contracts for:

(i)FSS Schedule 70 and the Consolidated Products and Services Schedule contracts containing information technology Special Item Numbers; or

(ii)Federal Supply Schedule contracts for recovery purchasing (See 538.7102), use Alternate I. If GSA is not prepared to accept electronic submissions for a particular schedule delete—

(A)The paragraph identifier “(i)” in (b)(1) and the word “and” at the end of paragraph (b)(1)(i); and

(B)Paragraphs (b)(1)(ii) and (b)(3).

(b)* * *

(2)552.238-75, Price Reductions. Use Alternate I in solicitations and contracts for—

(i)FSS Schedule 70 and the Consolidated Products and Services Schedule contracts containing information technology Special Item Numbers; or

(ii)Federal Supply Schedule contracts for recovery purchasing (See 538.7102). 7. Add Subpart 538.71, consisting of sections 538.7100 thru 538.7104, to read as follows: Sec. 538.7100 Scope of subpart. 538.7101 Definitions. 538.7102 General. 538.7103 Policy. 538.7104 Solicitation provisions and contract clauses. Subpart 538.71—Recovery Purchasing 538.7100 Scope of subpart. This subpart prescribes policies and procedures to implement the John Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) authorizing non-federal organizations to use Federal Supply Schedule contracts to purchase products and services to be used for recovery from major disasters, terrorism or nuclear, biological, chemical, or radiological attack. 538.7101 Definitions. The definitions in subsection 538.7001 shall apply for purposes of this subpart. 538.7102 General.

(a)Section 833 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) amends 40 U.S.C. 502 to authorize the Administrator of General Services to provide to State and local governments the use of Federal Supply Schedules of the GSA for purchase of products and services to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 *et seq.* ) or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack. Section 833 requires the Secretary of Homeland Security to determine which products and services qualify before the Administrator provides for the use of the Federal Supply Schedules. Use of Federal supply schedules by State and local governments is voluntary. Agreement of a schedule contractor to offer recovery purchasing under the contract and acceptance of any order for recovery purchasing from a State or local government is voluntary.

(b)State and local governments are authorized to use Federal Supply Schedules to procure products and services determined by the Secretary of Homeland Security to be used to facilitate recovery from major disasters, terrorism, or nuclear, biological, chemical, or radiological attack. A listing of the Federal Supply Schedules for the products and services is available in GSA's Schedules e-Library at Web site *http://www.gsaelibrary.gsa.gov.* Click on the link, “Disaster Recovery Purchasing, State and Local.” The participating contractors and the products and services available for recovery purchasing will be labeled with the Disaster Recovery Purchasing ICON.

(c)State and local governments that wish to use the Federal Supply Schedules to facilitate recovery from major disasters or attacks are responsible for ensuring that only authorized representatives of their governments place orders against these schedules and that procured products and services are used only for the purposes authorized by Section 833 of Public Law 109-364. 538.7103 Policy. *Preparing solicitations when schedules are open to eligible non-federal entities.* When opening the Federal Supply Schedules for products and services determined by the Secretary of Homeland Security, for use by eligible non-federal entities, the contracting officer must make minor modifications to certain Federal Acquisition Regulation

(FAR)and GSAM provisions and clauses in order to make clear distinctions between the rights and responsibilities of the U.S. Government in its management and regulatory capacity pursuant to which it awards schedule contracts and fulfills associated Federal requirements versus the rights and responsibilities of eligible ordering activities placing orders to fulfill agency needs. Accordingly, the contracting officer is authorized to modify the following FAR provisions/clauses to delete “Government” or similar language referring to the U.S. Government and substitute “ordering activity” or similar language when preparing solicitations and contracts to be awarded under the Federal Supply Schedules for products and services determined by the Secretary of Homeland Security. When such changes are made, the word “(DEVIATION)” shall be added at the end of the title of the provision or clause. These clauses include but are not limited to—

(a)52.212-4, Contract Terms and Conditions—Commercial Items.

(b)52.216-18, Ordering.

(d)52.229-1, State and Local Taxes.

(e)52.229-3, Federal, State, and Local Taxes.

(f)52.232-7, Payments Under Time-and-Materials and Labor-Hour Contracts.

(g)52.232-17, Interest.

(h)52.232-19, Availability of Funds for the Next Fiscal Year.

(i)52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration.

(j)52.232-36, Payment by Third Party.

(k)52.237-3, Continuity of Services.

(l)52.246-4, Inspection of Services-Fixed Price.

(m)52.246-6, Inspection-Time-and-Material and Labor-Hour.

(n)52.247-34, F.O.B. Destination.

(o)52.247-38, F.O.B. Inland Carrier Point of Exportation. 538.7104 Solicitation provisions and contract clauses.

(a)The contracting officer shall insert the clause at 552.238-76, Definition (Federal Supply Schedules)—Recovery Purchasing, in Federal Supply Schedule solicitations and contracts which contain products and services determined by the Secretary of Homeland Security to facilitate recovery from major disasters, terrorism, or nuclear, biological, chemical, or radiological attack.

(b)The contracting officer shall insert the clause at 552.238-78, Scope of Contract (Eligible Ordering Activities), with Alternate I in Federal Supply Schedule solicitations and contracts which contain products and services determined by the Secretary of Homeland Security to facilitate recovery from major disasters, terrorism, or nuclear, biological, chemical, or radiological attack.

(c)The contracting officer shall insert the clause at 552.238-80, Use of Federal Supply Schedule Contracts by Certain Entities—Recovery Purchasing, in Federal Supply Schedule solicitations and contracts which contain products and services determined by the Secretary of Homeland Security that facilitate recovery from major disasters, terrorism, or nuclear, biological, chemical, or radiological attack.

(d)See 552.101-70 for authorized Federal Acquisition Regulation deviations. PART 546—QUALITY ASSURANCE 8. Amend section 546.710 by revising paragraph

(b)to read as follows: 546.710 Contract clauses.

(b)*Multiple award schedules.* Insert the clause at 552.246-73, Warranty—Multiple Award Schedule, in solicitations and contracts. Use Alternate I in solicitations and contracts for—

(1)FSS Schedule 70 and the Consolidated Products and Services Schedule containing information technology Special Item Numbers; or

(2)Federal Supply Schedules for recovery purchasing (See 538.7102). PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 9. Amend section 552.216-72 by—

(a)Removing from the introductory text of Alternate II “516.506(c)” and adding “516.506(b)” in its place; and

(b)Adding Alternate IV. The added text reads as follows: 552.216-72 Placement of orders. *Alternate IV (FEB 2007)* . As prescribed in 516.506(d), substitute the following paragraphs (a), (c), and

(d)for paragraphs (a), (c), and

(d)of the basic clause:

(a)See 552.238-78, Scope of Contract (Eligible Ordering Activities)—Alternate I, for who may order under this contract.

(c)If the Contractor agrees, GSA's Federal Acquisition Service

(FAS)will place orders for eligible ordering activities, as defined in paragraph

(a)of the clause at 552.238-78-Alternate I, by EDI using computer-to-computer EDI. If computer-to-computer EDI is not possible, FAS will use an alternative EDI method allowing the Contractor to receive orders by facsimile transmission. Subject to the Contractor's agreement, other eligible ordering activities, as defined in paragraphs

(a)and

(d)of the clause at 552.238-78-Alternate I, may also place orders by EDI.

(d)When computer-to-computer EDI procedures will be used to place orders, the Contractor shall enter into one or more Trading Partner Agreements

(TPA)with each ordering activity placing orders electronically in order to ensure mutual understanding by the parties of certain electronic transaction conventions and to recognize the rights and responsibilities of the parties as they apply to this method of placing orders. The TPA must identify, among other things, the third party provider(s) through which electronic orders are placed, the transaction sets used, security procedures, and guidelines for implementation. Ordering activities may obtain a sample format to customize as needed from the office specified in paragraph

(g)of this clause. 552.216-73 [Amended] 10. Amend section 552.216-73 by—

(a)Removing from the introductory text “516.506(c)” and adding “516.506(e)” in its place; and

(b)Removing from the introductory text of Alternates I and II “516.506(b)” and adding “516.506(e)” in its place, respectively. 11. Add section 552.238-76 to read as follows: 552.238-76 Definition (Federal Supply Schedules)—Recovery Purchasing. As prescribed in 538.7104(a), insert the following clause: Definition (Federal Supply Schedules)—Recovery Purchasing (FEB 2007) *Ordering activity* (also called “ordering agency” and “ordering office”) means an eligible ordering activity (see 552.238-78, Alternate I) authorized to place orders under Federal Supply Schedule contracts. (End of clause) 12. Amend section 552.238-78 by adding Alternate I to read as follows: 552.238-78 Scope of Contract (Eligible Ordering Activities). *Alternate I (FEB 2007).* As prescribed in 538.7104(b), substitute the following paragraphs

(a)and

(d)for paragraphs

(a)and

(d)of the basic clause:

(a)This solicitation is issued to establish contracts which may be used on a nonmandatory basis by the agencies and activities named below, as a source of supply for the supplies or services described herein, for domestic delivery.

(1)Executive agencies (as defined in Federal Acquisition Regulation Subpart 2.1) including nonappropriated fund activities as prescribed in 41 CFR 101-26.000;

(2)Government contractors authorized in writing by a Federal agency pursuant to Federal Acquisition Regulation Subpart 51.1;

(3)Mixed ownership Government corporations (as defined in the Government Corporation Control Act);

(4)Federal Agencies, including establishments in the legislative or judicial branch of government (except the Senate, the House of Representatives and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol);

(5)The District of Columbia;

(6)Tribal governments when authorized under 25 U.S.C. 450j(k);

(7)Qualified Nonprofit Agencies as authorized under 40 U.S.C. 502(b); and

(8)Organizations, other than those identified in paragraph

(d)of this clause, authorized by GSA pursuant to statute or regulation to use GSA as a source of supply.

(d)The following activities may place orders against Federal Supply Schedules for products and services determined by the Secretary of Homeland Security to facilitate recovery from major disasters, terrorism, or nuclear, biological, chemical, or radiological attack, on an optional basis; PROVIDED, the Contractor accepts order(s) from such activities: State and local government entities, includes any state, local, regional or tribal government or any instrumentality thereof (including any local educational agency or institution of higher learning). *State and local government entities,* means the states of the United States, counties, municipalities, cities, towns, townships, tribal governments, public authorities (including public or Indian housing agencies under the United States Housing Act of 1937), school districts, colleges and other institutions of higher education, council of governments (incorporated or not), regional or interstate government entities, or any agency or instrumentality of the preceding entities (including any local educational agency or institution of higher education), and including legislative and judicial departments. The term does not include contractors of, or grantees of, State or local governments.

(1)*Local educational agency* has the meaning given that term in section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713).

(2)*Institution of higher education* has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(3)*Tribal government* means—

(ii)Any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 *et seq.* ). 13. Add new section 552.238-80 to read as follows: 552.238-80 Use of Federal Supply Schedule Contracts by Certain Entities—Recovery Purchasing. As prescribed in 538.7104(c), insert the following clause: Use of Federal Supply Schedule Contracts by Certain Entities—Recovery Purchasing (FEB 2007)

(a)If an entity identified in paragraph

(d)of the clause at 552.238-78, Scope of Contract (Eligible Ordering Activities)—Alternate I, elects to place an order under this contract, the entity agrees that the order shall be subject to the following conditions:

(1)When the Contractor accepts an order from such an entity, a separate contract is formed which incorporates by reference all the terms and conditions of the Schedule contract except the Disputes clause, the patent indemnity clause, and the portion of the Commercial Item Contract Terms and Conditions that specifies “Compliance with laws unique to Government contracts” (which applies only to contracts with entities of the Executive branch of the U.S. Government). The parties to this new contract which incorporates the terms and conditions of the Schedule contract are the individual ordering activity and the Contractor. The U.S. Government shall not be liable for the performance or nonperformance of the new contract. Disputes which cannot be resolved by the parties to the new contract may be litigated in any State or Federal court with jurisdiction over the parties, applying Federal procurement law, including statutes, regulations and case law, and, if pertinent, the Uniform Commercial Code. To the extent authorized by law, parties to this new contract are encouraged to resolve disputes through Alternative Dispute Resolution. Likewise, a Blanket Purchase Agreement (BPA), although not a contract, is an agreement that may be entered into by the Contractor with such an entity and the Federal Government is not a party.

(2)Where contract clauses refer to action by a Contracting Officer or a Contracting Officer of GSA, that shall mean the individual responsible for placing the order for the ordering activity (e.g., Federal Acquisition Regulation 52.212-4 at paragraph

(f)and FSS clause I-FSS-249 B).

(3)As a condition of using this contract, eligible ordering activities agree to abide by all terms and conditions of the Schedule contract, except for those deleted clauses or portions of clauses mentioned in paragraph (a)(1) of this clause. Ordering activities may include terms and conditions required by statute, ordinance, regulation, order, or as otherwise allowed by State and local government entities as a part of a statement of work

(SOW)or statement of objective

(SOO)to the extent that these terms and conditions do not conflict with the terms and conditions of the Schedule contract. The ordering activity and the Contractor expressly acknowledge that, in entering into an agreement for the ordering activity to purchase goods or services from the Contractor, neither the ordering activity nor the Contractor will look to, primarily or in any secondary capacity, or file any claim against the United States or any of its agencies with respect to any failure of performance by the other party.

(4)The ordering activity is responsible for all payments due the Contractor under the contract formed by acceptance of the ordering activity's order, without recourse to the agency of the U.S. Government, which awarded the Schedule contract.

(5)The Contractor is encouraged, but not obligated, to accept orders from such entities. The Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason. The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day period.

(6)The supplies or services purchased will be used for governmental purposes only and will not be resold for personal use. Disposal of property acquired will be in accordance with the established procedures of the ordering activity for the disposal of personal property.

(7)The state or local government ordering activity will be responsible for purchasing products or services to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 *et seq.* ) or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack.

(b)If the Schedule Contractor accepts an order from an entity identified in paragraph

(d)of the clause at 552.238-78, Scope of Contract (Eligible Ordering Activities)—Alternate I, the Contractor agrees to the following conditions—

(1)The ordering activity is responsible for all payments due the Contractor for the contract formed by acceptance of the order, without recourse to the agency of the U.S. Government, which awarded the Schedule contract.

(2)The Contractor is encouraged, but not obligated, to accept orders from such entities. The Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason. The Contractor shall decline the order using the same means as those used to place the order. The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day period.

(c)In accordance with clause 552.238-74, Industrial Funding Fee and Sales Reporting, the Contractor must report the quarterly dollar value of all sales under this contract. When submitting sales reports, the Contractor must report two dollar values for each Special Item Number—

(1)The dollar value for sales to entities identified in paragraph

(a)of the clause at 552.238-78, Scope of Contract (Eligible Ordering Activities)—Alternate I; and

(2)The dollar value for sales to entities identified in paragraph

(d)of clause 552.238-78, Alternate I.

(d)A listing of the Federal Supply Schedule contracts for the products and services available for disaster recovery purchasing is accessible in GSA's Schedules e-Library at Web site *http://www.gsaelibrary.gsa.gov* . Click on the link, “Disaster Recovery Purchasing, State and Local.” The participating Contractors and the products and services available for disaster recovery purchasing will be labeled with the Disaster Recovery Purchasing icon. (End of clause) [FR Doc. E7-1641 Filed 1-31-07; 8:45 am] BILLING CODE 6820-61-P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 192 and 195 [Docket No. PHMSA-05-21253; Amdt. Nos. 192-103 and 195-86] RIN 2137-AD68 Pipeline Safety: Update of Regulatory References to Technical Standards AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation. ACTION: Final rule. SUMMARY: PHMSA is amending a final rule published in the **Federal Register** on June 9, 2006, which updated the pipeline safety regulations to incorporate by reference all or parts of new editions of voluntary consensus technical standards to enable pipeline operators to utilize current technology, materials, and practices. DATES: The final rule takes effect on March 5, 2007. FOR FURTHER INFORMATION CONTACT: Richard D. Huriaux, Director, Technical Standards at

(202)366-4565, by fax at

(202)366-4566, or by e-mail at *richard.huriaux@dot.gov* . Copies of this document or other material in the docket can be reviewed by accessing the Docket Management System's home page at *http://dms.dot.gov* . General information on the pipeline safety program is available at PHMSA's Web site at *http://phmsa.dot.gov* . SUPPLEMENTARY INFORMATION: Background On June 9, 2006, PHMSA published a final rule in the **Federal Register** entitled “Pipeline Safety: Update of Regulatory References to Technical Standards” (71 FR 33402). Amendment Nos. 192-103, 193-19, and 195-86 updated references to pipeline-related technical standards and made a number of editorial corrections. We subsequently identified several omissions and editorial corrections in parts 192 and 195. In this correction notice we make the following corrections and edits: • Three editorial corrections are necessary in § 192.1. The spelling of the word “apply” is corrected in the introductory text of paragraph (b), the comma is replaced by a “;” at the end of paragraph (b)(2), and the comma is replaced by “; or” at the end of paragraph (b)(4)(iii). We are restating these entire paragraphs for clarity. • In Part 192, the restatement of the table of standards incorporated by reference inadvertently deleted API Recommended Practice 80 (API RP 80), “Guidelines for the Definition of Onshore Gas Gathering Lines” (1st edition, April 2000). We are restating the list of API standards at § 192.7(c)(2) to properly include API RP 80. • Paragraph 192.227(a) incorrectly references “Appendix A.” We are correcting this to refer to “§ 192.7” and restating the entire paragraph for clarity. • Paragraphs 192.727(g)(2) and 195.59(a) are updated to correctly reference the NPMS homepage at *http://www.npms.phmsa.dot.gov* . We are restating these entire paragraphs for clarity. • Paragraphs 192.727(g)(1) and 195.59(b) are removed because the April 10, 2001, deadline to report pipeline facilities abandoned before October 10, 2000, has expired. • Paragraphs 192.727(g)(1), 192.949, 192.951, and 195.59(a) are updated to reference the correct room number for the filing of reports, “Room 2103.” We are restating these entire paragraphs for clarity. • The current version of the gas pipeline safety regulations inadvertently omitted some text in the definition of High consequence area in paragraph § 192.903. This is corrected herein by adding back paragraphs

(3)and

(4)following paragraph (2)(ii) and updating the agency name. • In § 192.949 paragraphs (1), (2), and

(3)are corrected to read (a), (b), and

(c)and the section heading is revised. • In § 192.951 paragraphs (1), (2), and

(3)are corrected to read (a), (b), and (c). Need for Correction As published, the final regulations contain errors which may prove to be misleading and need to be clarified. List of Subjects 49 CFR Part 192 Incorporation by reference, Natural gas, Pipeline safety. 49 CFR Part 195 Anhydrous ammonia, Carbon dioxide, Incorporation by reference, Petroleum, Pipeline safety. In consideration of the foregoing, PHMSA amends 49 CFR parts 192 and 195 to read as follows: PART 192—[AMENDED] 1. The authority citation for part 192 continues to read as follows: Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 60113, and 60118; and 49 CFR 1.53. 2. Paragraphs

(b)introductory text, (b)(2), and (b)(4)(iii) of § 192.1 are revised to read as follows: § 192.1 What is the scope of this part?

(b)This part does not apply to—

(2)Pipelines on the Outer Continental Shelf

(OCS)that are producer-operated and cross into State waters without first connecting to a transporting operator's facility on the OCS, upstream (generally seaward) of the last valve on the last production facility on the OCS. Safety equipment protecting PHMSA-regulated pipeline segments is not excluded. Producing operators for those pipeline segments upstream of the last valve of the last production facility on the OCS may petition the Administrator, or designee, for approval to operate under PHMSA regulations governing pipeline design, construction, operation, and maintenance under 49 CFR 190.9;

(4)* * *

(iii)Within inlets of the Gulf of Mexico, except for the requirements in § 192.612; or 3. Paragraph (c)(2), entry B. of § 192.7 is revised to read as follows: § 192.7 What documents are incorporated by reference partly or wholly in this part?

(c)* * *

(2)Documents incorporated by reference. Source and name of referenced material 49 CFR reference * * * * * * * B. American Petroleum Institute (API):

(1)API Specification 5L “Specification for Line Pipe,” (43rd edition and errata, 2004) §§ 192.55(e); 192.113; Item I of Appendix B.

(2)API Recommended Practice 5L1 “Recommended Practice for Railroad Transportation of Line Pipe,” (6th edition, 2002) § 192.65(a).

(3)API Specification 6D “Pipeline Valves,” (22nd edition, January 2002) § 192.145(a).

(4)API Recommended Practice 80, “Guidelines for the Definition of Onshore Gas Gathering Lines,” (1st edition, April 2000) § 192.8(a); 192.8(a)(1); 192.8(a)(2); 192.8(a)(3); 192.8(a)(4).

(5)API 1104 “Welding of Pipelines and Related Facilities,” (19th edition, 1999, including Errata October 31, 2001) §§ 192.227(a); 192.229(c)(1); 192.241(c); Item II, Appendix B.

(6)API Recommended Practice 1162 “Public Awareness Programs for Pipeline Operators,” (1st edition, December 2003) §§ 192.616(a); 192.616(b); 192.616(c). * * * * * * * 4. Paragraph

(a)of § 192.227 is revised to read as follows: § 192.227 Qualification of welders.

(a)Except as provided in paragraph

(b)of this section, each welder must be qualified in accordance with section 6 of API 1104 (incorporated by reference, see § 192.7) or section IX of the ASME Boiler and Pressure Vessel Code (incorporated by reference, see § 192.7). However, a welder qualified under an earlier edition than listed in § 192.7 of this part may weld but may not requalify under that earlier edition. 5. Paragraph (g)(1) of § 192.727 is revised and paragraph (g)(2) is removed to read as follows: § 192.727 Abandonment or deactivation of facilities.

(g)* * *

(1)The preferred method to submit data on pipeline facilities abandoned after October 10, 2000 is to the National Pipeline Mapping System

(NPMS)in accordance with the NPMS “Standards for Pipeline and Liquefied Natural Gas Operator Submissions.” To obtain a copy of the NPMS Standards, please refer to the NPMS homepage at *http://www.npms.phmsa.dot.gov* or contact the NPMS National Repository at 703-317-3073. A digital data format is preferred, but hard copy submissions are acceptable if they comply with the NPMS Standards. In addition to the NPMS-required attributes, operators must submit the date of abandonment, diameter, method of abandonment, and certification that, to the best of the operator's knowledge, all of the reasonably available information requested was provided and, to the best of the operator's knowledge, the abandonment was completed in accordance with applicable laws. Refer to the NPMS Standards for details in preparing your data for submission. The NPMS Standards also include details of how to submit data. Alternatively, operators may submit reports by mail, fax or e-mail to the Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Room 2103, 400 Seventh Street, SW., Washington, DC 20590; fax

(202)366-4566; e-mail, *roger.little@dot.gov.* The information in the report must contain all reasonably available information related to the facility, including information in the possession of a third party. The report must contain the location, size, date, method of abandonment, and a certification that the facility has been abandoned in accordance with all applicable laws.

(2)[Reserved]. 6. Section 192.903 is amended by adding paragraphs

(3)and

(4)of “High consequence area” to read as follows: § 192.903 What definitions apply to this subpart? *High consequence area* means an area established by one of the methods described in paragraphs

(1)or

(2)as follows:

(3)Where a potential impact circle is calculated under either method

(1)or

(2)to establish a high consequence area, the length of the high consequence area extends axially along the length of the pipeline from the outermost edge of the first potential impact circle that contains either an identified site or 20 or more buildings intended for human occupancy to the outermost edge of the last contiguous potential impact circle that contains either an identified site or 20 or more buildings intended for human occupancy. (See Figure E.I.A. in Appendix E.)

(4)If in identifying a high consequence area under paragraph (1)(iii) of this definition or paragraph (2)(i) of this definition, the radius of the potential impact circle is greater than 660 feet (200 meters), the operator may identify a high consequence area based on a prorated number of buildings intended for human occupancy with a distance of 660 feet (200 meters) from the centerline of the pipeline until December 17, 2006. If an operator chooses this approach, the operator must prorate the number of buildings intended for human occupancy based on the ratio of an area with a radius of 660 feet (200 meters) to the area of the potential impact circle (i.e., the prorated number of buildings intended for human occupancy is equal to 20 × (660 feet) [or 200 meters]/potential impact radius in feet [or meters] 2 ). 7. Paragraphs (1), (2), and

(3)of § 192.949 are redesignated to read as (a), (b),

(c)and the section heading is revised: § 192.949 How does an operator notify PHMSA?

(a)Sending the notification to the Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Room 2103, 400 Seventh Street, SW., Washington, DC 20590;

(b)Sending the notification by fax to

(202)366-4566; or

(c)Entering the information directly on the Integrity Management Database

(IMDB)Web site at *http://primis.phmsa.dot.gov/gasimp/* . 8. Paragraphs (1), (2), and

(3)of § 192.951 are redesignated to read as (a), (b), and (c): § 192.951 Where does an operator file a report?

(a)By mail to the Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Room 2103, 400 Seventh Street SW., Washington, DC 20590;

(b)Via fax to

(202)366-4566; or

(c)Through the online reporting system provided by PHMSA for electronic reporting available at the PHMSA Home Page at *http://phmsa.dot.gov.* PART 195—[AMENDED] 1. The authority citation for part 195 continues to read as follows: Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118; and 49 CFR 1.53. 2. Paragraph

(a)and the section heading of § 195.59 is revised and paragraph

(b)is removed, to read as follows: § 195.59 Abandonment or deactivation of facilities.

(a)The preferred method to submit data on pipeline facilities abandoned after October 10, 2000 is to the National Pipeline Mapping System

(b)[Reserved]. Issued in Washington, DC on January 24, 2007. Stacey L. Gerard, Acting Deputy Administrator. [FR Doc. E7-1652 Filed 1-31-07; 8:45 am] BILLING CODE 4910-60-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 030221039-7021-39; I.D. 012507B] Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 2,185 nm 2 (7,494 km 2 ), east of Portland, ME for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales). DATES: Effective beginning at 0001 hours February 5, 2007, through 2400 hours February 20, 2007. ADDRESSES: Copies of the proposed and final Dynamic Area Management

(DAM)rules, Environmental Assessments (EAs), Atlantic Large Whale Take Reduction Team (ALWTRT) meeting summaries, and progress reports on implementation of the ALWTRP may also be obtained by writing Diane Borggaard, NMFS/Northeast Region, One Blackburn Drive, Gloucester, MA 01930. FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS/Northeast Region, 978-281-9300 x6503; or Kristy Long, NMFS, Office of Protected Resources, 301-713-2322. SUPPLEMENTARY INFORMATION: Electronic Access Several of the background documents for the ALWTRP and the take reduction planning process can be downloaded from the ALWTRP web site at *http://www.nero.noaa.gov/whaletrp/* . Background The ALWTRP was developed pursuant to section 118 of the Marine Mammal Protection Act

(MMPA)to reduce the incidental mortality and serious injury of three endangered species of whales (right, fin, and humpback) due to incidental interaction with commercial fishing activities. In addition, the measures identified in the ALWTRP would provide conservation benefits to a fourth species (minke), which are neither listed as endangered nor threatened under the Endangered Species Act (ESA). The ALWTRP, implemented through regulations codified at 50 CFR 229.32, relies on a combination of fishing gear modifications and time/area closures to reduce the risk of whales becoming entangled in commercial fishing gear (and potentially suffering serious injury or mortality as a result). On January 9, 2002, NMFS published the final rule to implement the ALWTRP's DAM program (67 FR 1133). On August 26, 2003, NMFS amended the regulations by publishing a final rule, which specifically identified gear modifications that may be allowed in a DAM zone (68 FR 51195). The DAM program provides specific authority for NMFS to restrict temporarily on an expedited basis the use of lobster trap/pot and anchored gillnet fishing gear in areas north of 40° N. lat. to protect right whales. Under the DAM program, NMFS may:

(1)require the removal of all lobster trap/pot and anchored gillnet fishing gear for a 15-day period;

(2)allow lobster trap/pot and anchored gillnet fishing within a DAM zone with gear modifications determined by NMFS to sufficiently reduce the risk of entanglement; and/or

(3)issue an alert to fishermen requesting the voluntary removal of all lobster trap/pot and anchored gillnet gear for a 15-day period and asking fishermen not to set any additional gear in the DAM zone during the 15-day period. A DAM zone is triggered when NMFS receives a reliable report from a qualified individual of three or more right whales sighted within an area (75 nm 2 (139 km 2 )) such that right whale density is equal to or greater than 0.04 right whales per nm 2 (1.85 km 2 ). A qualified individual is an individual ascertained by NMFS to be reasonably able, through training or experience, to identify a right whale. Such individuals include, but are not limited to, NMFS staff, U.S. Coast Guard and Navy personnel trained in whale identification, scientific research survey personnel, whale watch operators and naturalists, and mariners trained in whale species identification through disentanglement training or some other training program deemed adequate by NMFS. A reliable report would be a credible right whale sighting. On January 22, 2007, an aerial survey reported a sighting of thirty right whales in the proximity 43° 22′ N. lat. and 68° 21′ W. long. This position lies east of Portland, Maine. After conducting an investigation, NMFS ascertained that the report came from a qualified individual and determined that the report was reliable. Thus, NMFS has received a reliable report from a qualified individual of the requisite right whale density to trigger the DAM provisions of the ALWTRP. Once a DAM zone is triggered, NMFS determines whether to impose restrictions on fishing and/or fishing gear in the zone. This determination is based on the following factors, including but not limited to: the location of the DAM zone with respect to other fishery closure areas, weather conditions as they relate to the safety of human life at sea, the type and amount of gear already present in the area, and a review of recent right whale entanglement and mortality data. NMFS has reviewed the factors and management options noted above relative to the DAM under consideration. As a result of this review, NMFS prohibits lobster trap/pot and anchored gillnet gear in this area during the 15-day restricted period unless it is modified in the manner described in this temporary rule. The DAM Zone is bound by the following coordinates: 43° 48′ N., 68° 55′ W. (NW Corner) 43° 48′ N., 67° 51′ W. 43° 01′ N., 67° 51′ W. 43° 01′ N., 68° 55′ W. 43° 48′ N., 68° 55′ W. (NW Corner) In addition to those gear modifications currently implemented under the ALWTRP at 50 CFR 229.32, the following gear modifications are required in the DAM zone. If the requirements and exceptions for gear modification in the DAM zone, as described below, differ from other ALWTRP requirements for any overlapping areas and times, then the more restrictive requirements will apply in the DAM zone. Lobster Trap/Pot Gear Fishermen utilizing lobster trap/pot gear within the portion of the Northern Inshore State Lobster Waters and Northern Nearshore Lobster Waters that overlap with the DAM zone are required to utilize all of the following gear modifications while the DAM zone is in effect: 1. Groundlines must be made of either sinking or neutrally buoyant line. Floating groundlines are prohibited; 2. All buoy lines must be made of either sinking or neutrally buoyant line, except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line; 3. Fishermen are allowed to use two buoy lines per trawl; and 4. A weak link with a maximum breaking strength of 600 lb (272.4 kg) must be placed at all buoys. Fishermen utilizing lobster trap/pot gear within the portion of the Offshore Lobster Waters Area that overlap with the DAM zone are required to utilize all of the following gear modifications while the DAM zone is in effect: 1. Groundlines must be made of either sinking or neutrally buoyant line. Floating groundlines are prohibited; 2. All buoy lines must be made of either sinking or neutrally buoyant line, except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line; 3. Fishermen are allowed to use two buoy lines per trawl; and 4. A weak link with a maximum breaking strength of 1,500 lb (680.4 kg) must be placed at all buoys. Anchored Gillnet Gear Fishermen utilizing anchored gillnet gear within the portions of the Other Northeast Gillnet Waters Area that overlaps with the DAM zone are required to utilize all the following gear modifications while the DAM zone is in effect: 1. Groundlines must be made of either sinking or neutrally buoyant line. Floating groundlines are prohibited; 2. All buoy lines must be made of either sinking or neutrally buoyant line, except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line; 3. Fishermen are allowed to use two buoy lines per string; 4. Each net panel must have a total of five weak links with a maximum breaking strength of 1,100 lb (498.8 kg). Net panels are typically 50 fathoms (91.4 m) in length, but the weak link requirements would apply to all variations in panel size. These weak links must include three floatline weak links. The placement of the weak links on the floatline must be: one at the center of the net panel and one each as close as possible to each of the bridle ends of the net panel. The remaining two weak links must be placed in the center of each of the up and down lines at the panel ends; 5. A weak link with a maximum breaking strength of 1,100 lb (498.8 kg) must be placed at all buoys; and 6. All anchored gillnets, regardless of the number of net panels, must be securely anchored with the holding power of at least a 22 lb (10.0 kg) Danforth-style anchor at each end of the net string. The restrictions will be in effect beginning at 0001 hours February 5, 2007, through 2400 hours February 20, 2007, unless terminated sooner or extended by NMFS through another notification in the **Federal Register** . The restrictions will be announced to state officials, fishermen, ALWTRT members, and other interested parties through e-mail, phone contact, NOAA website, and other appropriate media immediately upon issuance of the rule by the AA. Classification In accordance with section 118(f)(9) of the MMPA, the Assistant Administrator

(AA)for Fisheries has determined that this action is necessary to implement a take reduction plan to protect North Atlantic right whales. Environmental Assessments for the DAM program were prepared on December 28, 2001, and August 6, 2003. This action falls within the scope of the analyses of these EAs, which are available from the agency upon request. NMFS provided prior notice and an opportunity for public comment on the regulations establishing the criteria and procedures for implementing a DAM zone. Providing prior notice and opportunity for comment on this action, pursuant to those regulations, would be impracticable because it would prevent NMFS from executing its functions to protect and reduce serious injury and mortality of endangered right whales. The regulations establishing the DAM program are designed to enable the agency to help protect unexpected concentrations of right whales. In order to meet the goals of the DAM program, the agency needs to be able to create a DAM zone and implement restrictions on fishing gear as soon as possible once the criteria are triggered and NMFS determines that a DAM restricted zone is appropriate. If NMFS were to provide prior notice and an opportunity for public comment upon the creation of a DAM restricted zone, the aggregated right whales would be vulnerable to entanglement which could result in serious injury and mortality. Additionally, the right whales would most likely move on to another location before NMFS could implement the restrictions designed to protect them, thereby rendering the action obsolete. Therefore, pursuant to 5 U.S.C. 553(b)(B), the AA finds that good cause exists to waive prior notice and an opportunity to comment on this action to implement a DAM restricted zone to reduce the risk of entanglement of endangered right whales in commercial lobster trap/pot and anchored gillnet gear as such procedures would be impracticable. For the same reasons, the AA finds that, under 5 U.S.C. 553(d)(3), good cause exists to waive the 30-day delay in effective date. If NMFS were to delay for 30 days the effective date of this action, the aggregated right whales would be vulnerable to entanglement, which could cause serious injury and mortality. Additionally, right whales would likely move to another location between the time NMFS approved the action creating the DAM restricted zone and the time it went into effect, thereby rendering the action obsolete and ineffective. Nevertheless, NMFS recognizes the need for fishermen to have time to either modify or remove (if not in compliance with the required restrictions) their gear from a DAM zone once one is approved. Thus, NMFS makes this action effective 2 days after the date of publication of this document in the **Federal Register** . NMFS will also endeavor to provide notice of this action to fishermen through other means upon issuance of the rule by the AA, thereby providing approximately 3 additional days of notice while the Office of the **Federal Register** processes the document for publication. NMFS determined that the regulations establishing the DAM program and actions such as this one taken pursuant to those regulations are consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program of the U.S. Atlantic coastal states. This determination was submitted for review by the responsible state agencies under section 307 of the Coastal Zone Management Act. Following state review of the regulations creating the DAM program, no state disagreed with NMFS' conclusion that the DAM program is consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program for that state. The DAM program under which NMFS is taking this action contains policies with federalism implications warranting preparation of a federalism assessment under Executive Order 13132. Accordingly, in October 2001 and March 2003, the Assistant Secretary for Intergovernmental and Legislative Affairs, Department of Commerce, provided notice of the DAM program and its amendments to the appropriate elected officials in states to be affected by actions taken pursuant to the DAM program. Federalism issues raised by state officials were addressed in the final rules implementing the DAM program. A copy of the federalism Summary Impact Statement for the final rules is available upon request ( ADDRESSES ). The rule implementing the DAM program has been determined to be not significant under Executive Order 12866. Authority: 16 U.S.C. 1361 *et seq.* and 50 CFR 229.32(g)(3) Dated: January 26, 2007. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 07-441 Filed 1-29-07; 2:25 pm]

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