Unknown. Final rule

21,093 words·~96 min read·/register/2007/02/02/07-485

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-2007-02-02.xml --- 72 22 Friday, February 2, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 4998 E7-1675 Air Force Air Force Department NOTICES Privacy Act; systems of records, 5019-5020 E7-1722 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Emerald ash borer, 4945 E7-1720 Antitrust Antitrust Modernization Commission NOTICES Meetings, 5000 E7-1706 Army Army Department See Engineers Corps Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 5053-5056 E7-1685 E7-1686 07-376 Coast Guard Coast Guard RULES Drawbridge operations:

Iowa, 4961-4963 E7-1615 Commerce Commerce Department See Economic Development Administration See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Commission of Fine Commission of Fine Arts NOTICES Meetings, 5018 07-457 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 5000-5002 E7-1714 E7-1715 E7-1716 Customs Customs and Border Protection Bureau NOTICES Automation program test:

Automated Commercial Environment— Truck carrier accounts; automated track manifest data; deployment schedule, 5070-5071 E7-1710 Defense Defense Department See Air Force Department See Engineers Corps See Navy Department NOTICES Privacy Act; systems of records, 5018-5019 E7-1724 Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements: Bhasin, Sunil, M.D., 5082-5083 E7-1711 Economic Economic Development Administration NOTICES Grants and cooperative agreements; availability, etc.:

University Center Economic Development Program, 5002-5005 E7-1614 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 5025 E7-1717 Grants and cooperative agreements; availability, etc.: Innovation and improvement— Parental Information and Resource Centers Program, 5025-5036 E7-1740 E7-1743 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: C & C Smith Lumber Co., Inc., 5084-5085 E7-1695 Creative Engineering Products, 5085 E7-1697 Quality Staffing Services, 5085 E7-1696 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Wolf Creek Dam, KY; emergency actions due to below normal pool levels, 5020-5021 E7-1721 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Food packaging treated with pesticides; withdrawal, 4963 07-485 PROPOSED RULES Air programs: Fuels and fuel additives— East St. Louis, IL; reformulated gasoline program extension; public hearing, 4966-4967 E7-1726 NOTICES Environmental statements; availability, etc.: Agency comment availability, 5048-5049 E7-1728 Agency weekly receipts, 5049-5050 E7-1727 Pesticide registration, cancellation, etc.:

Registration review dockets; establishment, 5050-5052 07-486 FAA Federal Aviation Administration RULES Airworthiness directives: Turbomeca, 4948-4950 E7-1709 Standard instrument approach procedures, 4950-4954 E7-1676 E7-1677 PROPOSED RULES Airworthiness directives: Pratt & Whitney, 4964-4966 E7-1707 NOTICES Aeronautical land-use assurance; waivers: Monroe Regional Airport, LA, 5097 07-468 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 5038-5042 E7-1660 E7-1739 Environmental statements; availability, etc.:

Kinder Morgan Louisiana Pipeline LLC, 5042-5043 E7-1669 Environmental statements; notice of intent: Tuscarora Gas Transmission Co., 5043-5044 E7-1663 Hydroelectric applications, 5044-5046 E7-1661 E7-1665 E7-1666 Meetings: Eastern Interconnection RTO and ISO seams issues; technical conference, 5047 E7-1667 Market monitoring policies review; technical conference, 5047 E7-1662 Off-the record communications, 5047-5048 E7-1672 *Applications, hearings, determinations, etc.:* Appalachian Power Co., 5036-5037 E7-1670 Arkansas Oklahoma Gas Corp., 5037 E7-1671 Dominion Transmission, Inc., 5037-5038 E7-1664 Wastach Energy, LLC, et al., 5038 E7-1668 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Bell County, TX, 5097-5098 07-433 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Drivers’ hours of service; exemption applications— Quality Driveaway, Inc., 5098-5099 E7-1750 Federal Register Federal Register Office NOTICES Public Laws; cumulative list: 109th Congress, Second Session; republication, 5142-5148 07-433 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 5052-5053 E7-1736 Fine Arts Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Findings on petitions, etc.— American eel, 4967-4997 07-429 NOTICES Environmental statements; availability, etc.: Grand Teton National Park, WY; bison and elk management plan, 5078-5080 E7-1605 Souris River Basin National Wildlife Refuges, ND; comprehensive conservation plan, 5080-5081 E7-1712 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Lasalocid, 4954-4955 E7-1684 NOTICES Agency information collection activities; proposals, submissions, and approvals, 5056-5061 E7-1674 E7-1741 Human drugs:

Drug products withdrawn from sale for reasons other than safety or effectiveness— SUSTIVA 300-milligram tablets, 5061-5062 E7-1748 Memorandums of understanding: FDA, Duke University, and Duke University Health System, Inc.; FDA, DU, and DUMC Elective Program, 5062-5068 07-454 Reports and guidance documents; availability, etc.: Drug and biologics firms conducting postmarketing commitment studies; performance report, 5069-5070 E7-1749 Foreign Foreign Assets Control Office RULES Foreign assets control regulations:

North Korean vessels; U.S. persons ownership prohibition, 4960-4961 E7-1702 Forest Forest Service NOTICES Appealable decisions; legal notice: Northern Region, 4998-4999 07-459 Environmental statements; notice of intent: Plumas National Forest, CA, 4999-5000 07-458 GSA General Services Administration NOTICES Federal Information Processing Standards

(FIPS)201 Evaluation Program: Product/service evaluations; fee structure change, 5053 E7-1693 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Committees; establishment, renewal, termination, etc.: Grain Inspection Advisory Committee, 5000 E7-1623 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 5071-5075 E7-1678 E7-1679 E7-1680 E7-1681 E7-1682 E7-1683 E7-1751 Grants and cooperative agreements, availability, etc.: Homeless assistance; excess and surplus Federal properties, 5075-5077 E7-1456 Organization, functions, and authority delegations: Chief Financial Officer; order of succession, 5077 E7-1753 Privacy Act; systems of records, 5077-5078 E7-1752 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service RULES Income taxes: Business electronic filing; guidance; correction, 4955 E7-1691 Mortality tables for determining current liability; update, 4955-4960 E7-1703 NOTICES Health Insurance Portability and Accountability Act of 1996; implementation: Expatriation; individuals losing United States citizenship; quarterly listing, 5103-5105 E7-1692 International International Trade Administration NOTICES Antidumping and countervailing duties: Administrative review requests, 5005-5008 E7-1742 E7-1744 Overseas trade missions: 2007 trade missions— India and China; clean energy technologies, 5008-5010 E7-1713 Justice Justice Department See Drug Enforcement Administration See Parole Commission See Prisons Bureau Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Powder River and Billings resource management plan areas; MT, 5081-5082 E7-1694 Minority Minority Business Development Agency NOTICES Grants and cooperative agreements; availability, etc.: Cleveland and Queens Minority Business Enterprise Centers, 5010-5014 E7-1808 National Archives National Archives and Records Administration See Federal Register Office National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Morgan Motor Co. Ltd., 5099-5103 E7-1735 NOAA National Oceanic and Atmospheric Administration NOTICES Grants and cooperative agreements; availability, etc.: California Bay Watershed Education and Training Program, 5014-5016 07-461 Meetings: New England Fishery Management Council, 5016 E7-1701 North Pacific Fishery Management Council, 5016-5017 E7-1699 Pacific Fishery Management Council, 5017 E7-1700 Southeastern Data, Assessment, and Review Steering Committee, 5017 E7-1698 National Science National Science Foundation RULES Grants and agreements: Nonprocurement debarment and suspension; OMB guidance; implementation, 4943-4945 E7-1419 Navy Navy Department NOTICES Environmental statements; availability, etc.: Hawaii Range Complex, HI; undersea warfare exercises, 5021-5022 E7-1746 Privacy Act; systems of records, 5022-5025 E7-1731 E7-1732 Nuclear Nuclear Regulatory Commission RULES Plants and materials; physical protection: Fingerprinting and criminal history records check; relief for designated categories of individuals, 4945-4948 E7-1730 PROPOSED RULES Fee schedules revision; 90% fee recovery (2007 FY), 5108-5140 E7-1634 NOTICES Environmental statements; availability, etc.: High Energy Devices, LLC, 5086-5087 E7-1729 Meetings: Reactor Safeguards Advisory Committee, 5087 E7-1723 Parole Parole Commission NOTICES Reports and guidance documents; availability, etc.: Reconsideration petitions; record of vote, 5083 07-456 Prisons Prisons Bureau NOTICES Environmental statements; availability, etc.: Criminal Alien Requirement VI; contract with public and private corporations to house federal, low-security, adult male, non-U.S. citizen, criminals, 5083-5084 E7-1624 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Boston Advisors Trust et al., 5087-5090 E7-1718 Meetings; Sunshine Act, 5090 07-474 Securities: Suspension of trading— Icon International Holdings, Inc., et al., 5090-5091 07-473 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 5091-5093 E7-1689 National Association of Securities Dealers, Inc., 5093-5097 E7-1688 E7-1690 SBA Small Business Administration NOTICES Disaster loan areas: Pennsylvania, 5097 E7-1705 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 5103 E7-1687 Separate Parts In This Issue Part II Nuclear Regulatory Commission, 5108-5140 E7-1634 Part III Reader Aids, Office of the Federal Register, National Archives and Records Administration, 5142-5148 E7-1634 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 22 Friday, February 2, 2007 Rules and Regulations NATIONAL SCIENCE FOUNDATION 2 CFR Chapter XXV 45 CFR Parts 620 and 689 [Docket Number: NSF-2006-OGC-0106] RIN 3145AA47 National Science Foundation Implementation of OMB Guidance on Nonprocurement Debarment and Suspension ACTION: Final rule. SUMMARY: The National Science Foundation

(NSF)is issuing a new part 2520 on nonprocurement debarment and suspension in title 2 of the Code of Federal Regulations (CFR). This new part is NSF's implementation of the Office of Management and Budget's

(OMB)guidance provided at 2 CFR part 180. In light of the new part 2520, NSF removes 45 CFR part 620, the part containing its implementation of the government-wide common rule on nonprocurement debarment and suspension. The new part in 2 CFR serves the same purpose as the common rule, but in a simpler way. NSF also is amending a provision in its research misconduct rule (45 CFR part 689) to update the reference to NSF's nonprocurement debarment and suspension regulations. This final rule is part of OMB's initiative to streamline and consolidate all federal regulations on nonprocurement debarment and suspension. It is an administrative simplification that makes no substantive change in NSF policy or procedures for nonprocurement debarment and suspension. DATES: This final rule is effective February 2, 2007. FOR FURTHER INFORMATION CONTACT: Eric S. Gold, Assistant General Counsel, Office of the General Counsel, National Science Foundation, telephone

(703)292-8060 and e-mail *egold@nsf.gov.* SUPPLEMENTARY INFORMATION: On May 11, 2004, OMB established title 2 of the CFR with two subtitles (69 FR 26275). Subtitle A, “Government-wide Grants and Agreements,” contains OMB policy guidance to Federal agencies on grants and agreements. Subtitle B, “Federal Agency Regulations for Grants and Agreements,” contains Federal agencies' regulations implementing the OMB guidance, as it applies to grants and other financial assistance agreements and nonprocurement transactions. On August 31, 2005, OMB published interim final guidance for government-wide nonprocurement debarment and suspension in the **Federal Register** (70 FR 51863). The guidance is located in title 2 of the CFR as new subtitle A, chapter 1, part 180. The interim final guidance updated previous OMB guidance that was issued pursuant to Executive Order 12549, “Debarment and Suspension” (February 18, 1996), which gave government-wide effect to each agency's nonprocurement debarment and suspension actions. Section 6 of the Executive order authorized OMB to issue guidance to Executive agencies on nonprocurement debarment and suspension, including provisions prescribing government-wide criteria and minimum due process procedures. Section 3 directed Executive agencies to issue regulations implementing the Executive order that are consistent with the OMB guidelines. The interim final guidance at 2 CFR part 180 conforms the OMB guidance with the Federal agencies' November 26, 2003, update to the common rule on nonprocurement debarment and suspension (see 70 FR 51864). On November 15, 2006, OMB published a final rule adopting the interim final guidance with changes (71 FR 66431). In accordance with OMB's guidance, this final rule places NSF's nonprocurement debarment regulations in subtitle B of title 2 of the CFR, along with other agencies' nonprocurement debarment and suspension rules. The new CFR part 2520 adopts the OMB guidelines with the same additions and clarifications that NSF made to the common rule on nonprocurement suspension and debarment in November 2003 [68 FR 66633]. The substance of NSF's nonprocurement debarment and suspension regulations is unchanged. In light of the new part 2520, NSF is removing 45 CFR part 620, which is the current location for NSF's nonprocurement debarment and suspension regulations. NSF is also amending a provision in its research misconduct rule (45 CFR part 689) to update the reference to NSF's nonprocurement debarment and suspension regulations. Executive Order 12866 OMB has determined this rule to be nonsignificant. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This regulatory action will not have a significant adverse impact on a substantial number of small entities. Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4) This regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector of $100 million or more in any one year. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. Federalism (Executive Order 13132) This regulatory action does not have Federalism implications, as set forth in Executive Order 13132. 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. List of Subjects 2 CFR Part 2520 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. 45 CFR Part 620 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. 45 CFR Part 689 Research misconduct. Accordingly, under the authority of 42 U.S.C. 1870, NSF amends the Code of Federal Regulations, Title 2, Subtitle B, and Title 45, Chapter VI, as follows: Title 2—Grants and Agreements 1. Add Chapter XXV, consisting of Part 2520 to Subtitle B to read as follows: Chapter XXV—NATIONAL SCIENCE FOUNDATION PART 2520—NONPROCUREMENT DEBARMENT AND SUSPENSION SEC. 2520.10 What does this part do? 2520.20 Does this part apply to me? 2520.30 What policies and procedures must I follow? Subpart A—General 2520.137 Who in NSF may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 2520.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 2520.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 2520.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subparts E-I [Reserved] Authority: 42 U.S.C. 1870(a); Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 235. § 2520.10 What does this part do? This part adopts the Office of Management and Budget

(OMB)guidance in Subparts A through I of 2 CFR part 180, as supplemented by this part, as the NSF policies and procedures for nonprocurement debarment and suspension. It thereby gives regulatory effect for NSF to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189), Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235) and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). § 2520.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in Subparts A through I of 2 CFR Part 180 (see table at 2 CFR 180.100(b)) apply to you if you are a—

(a)Participant or principal in a “covered transaction” (see Subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970).

(b)Respondent in an NSF suspension or debarment action.

(c)NSF debarment or suspension official.

(d)NSF grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction. § 2520.30 What policies and procedures must I follow? The NSF policies and procedures that you must follow are the policies and procedures specified in each applicable section of the OMB guidance in Subparts A through I of 2 CFR Part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as supplemented by section 220 in this part (i.e., § 2520.220). For any section of OMB guidance in Subparts A through I of 2 CFR 180 that has no corresponding section in this part, NSF policies and procedures are those in the OMB guidance. Subpart A—General § 2520.137 Who in NSF may grant an exception to let an excluded person participate in a covered transaction? The NSF Director and the Deputy Director have the authority to grant an exception to let an excluded person participate in a covered transaction. Subpart B—Covered Transactions § 2520.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Although the OMB guidance at 2 CFR 180.220(c) allows a Federal agency to do so (also see optional lower tier coverage in the figure in the Appendix to 2 CFR part 180), NSF does not extend coverage of nonprocurement suspension and debarment requirements beyond first-tier procurement contracts under a covered nonprocurement transaction. Subpart C—Responsibilities of Participants Regarding Transactions § 2520.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? You as a participant must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with Subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this subpart. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 2520.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by Subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions. Subparts E-I [Reserved] Title 45—Public Welfare CHAPTER VI—NATIONAL SCIENCE FOUNDATION PART 620—[REMOVED] 2. Under the authority of 42 U.S.C. 1870(a); Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. 235) part 620 is removed. PART 689—[AMENDED] 3. The authority citation for part 689 continues to read as follows: Authority: 42 U.S.C. 1870(a). 4. Section 689.8 is amended by revising paragraph

(b)to read as follows: § 689.8 Interim Administrative Actions

(b)When suspension is determined to be appropriate, the case will be referred to the suspending official pursuant to 2 CFR Part 180, and the suspension procedures of 2 CFR Part 180 will be followed, but the suspending official will be either the Deputy Director or an official designated by the Deputy Director. 5. Section 689.9 is amended by revising paragraph (c)(1) introductory text to read as follows: § 689.9 Dispositions

(c)* * *

(1)In cases in which debarment is considered by OIG to be an appropriate disposition, the case will be referred to the debarring official pursuant to 2 CFR part 180 and the procedures of 2 CFR part 180 will be followed, but: Lawrence Rudolph, General Counsel. [FR Doc. E7-1419 Filed 2-1-07; 8:45 am] BILLING CODE 7555-01-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2006-0131] Emerald Ash Borer; Quarantined Areas; MI AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the emerald ash borer regulations by adding areas in Michigan to the list of areas quarantined because of emerald ash borer. As a result of that action, the interstate movement of regulated articles from those areas is restricted. The interim rule was necessary to prevent the artificial spread of the emerald ash borer from infested areas in the State of Michigan into noninfested areas of the United States. DATES: Effective on February 2, 2007, we are adopting as a final rule the interim rule published at 71 FR 57871-57873 on October 2, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Deborah McPartlan, Operations Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-4387. SUPPLEMENTARY INFORMATION: Background The emerald ash borer

(EAB)( *Agrilus planipennis* ) is a destructive wood-boring insect that attacks ash trees ( *Fraxinus* spp., including green ash, white ash, black ash, and several horticultural varieties of ash). The insect, which is indigenous to Asia and known to occur in China, Korea, Japan, Mongolia, the Russian Far East, Taiwan, and Canada, eventually kills healthy ash trees after it bores beneath their bark and disrupts their vascular tissues. The EAB regulations in 7 CFR 301.53-1 through 301.53-9 (referred to below as the regulations) restrict the interstate movement of regulated articles from quarantined areas to prevent the artificial spread of EAB to noninfested areas of the United States. Portions of the States of Indiana, Michigan, and Ohio are already designated as quarantined areas. In an interim rule 1 effective September 25, 2006, and published in the **Federal Register** on October 2, 2006 (71 FR 57871-57873, Docket No. APHIS-2006-0131), we amended the EAB regulations in § 301.53-3(c) by designating the entire Lower Peninsula of Michigan as a quarantined area. That action was necessary to prevent the artificial spread of the EAB from infested areas in the State of Michigan into noninfested areas of the United States. 1 To view the interim rule, go to *http://www.regulations.gov* , click on the “Advanced Search” tab, and select “Docket Search.” In the Docket ID field, enter APHIS-2006-0131, then click “Submit.” Clicking on the Docket ID link in the search results page will produce a list of all documents in the docket. Comments on the interim rule were required to be received on or before December 1, 2006. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule. This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 301—DOMESTIC QUARANTINE NOTICES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 71 FR 57871-57873 on October 2, 2006. Done in Washington, DC, this 29th day of January 2007. Kevin Shea, Acting Administrator,Animal and Plant Health Inspection Service. [FR Doc. E7-1720 Filed 2-1-07; 8:45 am] BILLING CODE 3410-34-P NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 RIN AI04 Relief From Fingerprinting and Criminal History Records Checks AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is issuing new regulations to relieve certain categories of individuals from the requirement to undergo fingerprinting, identification, and criminal history records checks under section 149 of the Atomic Energy Act of 1954, as amended,

(AEA)before being permitted unescorted access to radioactive materials or other property subject to regulation by the Commission that the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant such checks. DATES: This final rule is effective on February 2, 2007. FOR FURTHER INFORMATION CONTACT: Jared K. Heck, Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-1623, e-mail *jkh3@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Background II. Need for Rule III. Analysis of Rule IV. Basis for Immediate Effectiveness and Dispensing With Notice and Comment V. Voluntary Consensus Standards VI. Finding of No Significant Impact: Availability VII. Paperwork Reduction Act Statement VIII. Regulatory Analysis IX. Backfit Analysis X. Congressional Review Act I. Background On August 8, 2005, Congress enacted legislation that authorized the Commission to impose new requirements governing unescorted access to certain radioactive material and other property subject to regulation by the Commission. Specifically, section 652 of the Energy Policy Act of 2005, Pub. L. 109-58, which amended AEA section 149, requires the Commission to ensure that “any individual” who is permitted unescorted access to “radioactive material or other property subject to regulation by the Commission that the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks” be fingerprinted “for identification and a criminal history records check” by the Attorney General. Previously, AEA section 149 only required fingerprinting and criminal history records checks of individuals permitted unescorted access to a “utilization facility.” On October 17, 2006, the NRC issued a series of Orders to certain radioactive materials licensees that implemented in part the provisions of the amended AEA section 149. 1 Those Orders applied to large panoramic irradiator licensees, manufacturers and distributors of radioactive material, and certain other licensees who ship radioactive material in quantities of concern. As stated in the Orders, those licensees possess material the NRC has determined to be of such significance to the public health and safety and the common defense and security that fingerprinting, identification, and criminal history records checks of individuals permitted unescorted access to that material is warranted. 1 *See In the Matter of Holders of Materials Licenses Authorized to Use Sealed Sources in Panoramic and Underwater Irradiators and Possess Greater Than 370 Terabecquerels (10,000 Curies), Order EA-06-248 (October 17, 2006); In the Matter of Certain Licensees Authorized to Possess and Transfer Items Containing Radioactive Material Quantities of Concern,* Order EA-06-249 (October 17, 2006); In the *Matter of Holders of Materials Licenses Authorized to Manufacture or Distribute Items Containing Radioactive Material of Concern,* Order EA-06-250 (October 17, 2006). Under AEA section 149.b., the NRC may by rule relieve individuals from the fingerprinting, identification and criminal history records check requirements imposed by the Orders if it finds that such action is “consistent with its obligations to promote the common defense and security and to protect the health and safety of the public.” Currently, the NRC has no rule that would relieve individuals who are permitted unescorted access to the radioactive materials described in the Orders from the subject requirements of AEA section 149.a. This final rule will provide that relief for certain categories of individuals to whom licensees may wish to permit unescorted access. This final rule does not authorize unescorted access to any radioactive materials or other property subject to regulation by the Commission. Rather, the rule makes clear that a licensee may permit unescorted access to certain categories of individuals otherwise qualified for access without first obtaining fingerprints or performing an identification and criminal history check. Licensees must decide whether to grant or deny an individual unescorted access independently of this final rule according to other NRC requirements governing unescorted access. 2 2 *See, e.g., In the Matter of All Panoramic and Underwater Irradiators Authorized to Possess Greater than 370 TerraBecquerels (10,000 Curies) of Byproduct Material in the Form of Sealed Sources; Order Imposing Compensatory Measures (Effective Immediately), 68 FR 35458 (June 13, 2003); In the Matter of all Licensees Authorized to Manufacture or Initially Transfer Items Containing Radioactive Material for Sale or Distribution and Possess Certain Radioactive Material of Concern and All Other Persons Who Obtain Safeguards Information Described Herein; Order Imposing Additional Security Measures (Effective Immediately),* 69 FR 5375 (February 4, 2004). These Orders imposed limitations on unescorted access to certain radioactive materials. The particulars of the access limitations imposed by the Orders are Safeguards Information and are not publicly available. This final rule supersedes in part the Orders previously described. Condition III.B. of those Orders states in part that “[f]ingerprinting and the FBI identification and criminal history records check are not required for individuals that are exempted from fingerprinting requirements under 10 CFR 73.59 [71 FR 33,989 (June 13, 2006)] for access to [Safeguards Information].” That passage of Condition III.B. is ineffective because under AEA section 149.b., such relief can only be provided by rule. Accordingly, the quoted passage in Condition III.B. is hereby rescinded for good cause. 3 The remaining language in Condition III.B. of the Orders remains effective. 3 The NRC Orders issued on October 17, 2006, provide that the Director of the Office of Federal and State Materials and Environmental Management Programs may rescind any condition of the Orders for good cause. Under NRC rules at 10 CFR 1.32(c), the Executive Director for Operations, who has been delegated authority to issue this final rule on behalf of the Commission, may exercise the same authority. II. Need for Rule The individuals relieved from fingerprinting, identification, and criminal history checks under this final rule include Federal, State, and local officials involved in security planning and incident response, Agreement State employees who evaluate licensee compliance with security-related orders, and other government officials who may need unescorted access to radioactive materials or other property subject to regulation by the Commission as part of their oversight function. The categories of individuals relieved by this final rule are the same as those previously relieved in an earlier rulemaking from fingerprinting and criminal history records check requirements applicable to Safeguards Information access. 4 As was the case in that earlier rulemaking, relief is needed in this context to ensure that a range of inspection, enforcement, planning, oversight, and response functions related to the security of nuclear materials continues uninterrupted during routine and emergency conditions. Accordingly, this final rule is consistent with the Commission's obligations to promote the common defense and security and to protect the health and safety of the public. 4 *See Final Rule,* “Relief from Fingerprinting and Criminal History Records Check for Designated Categories of Individuals,” 71 FR 33989 (June 13, 2006). III. Analysis of Rule This final rule provides relief from the fingerprinting and criminal history records check requirements set forth in AEA section 149 for the following categories of individuals:

(1)An employee of the Commission or of the Executive Branch of the U.S. Government who has undergone fingerprinting for a prior U.S. Government criminal history check;

(2)A member of Congress;

(3)An employee of a member of Congress or Congressional committee who has undergone fingerprinting for a prior U.S. Government criminal history check;

(4)The Governor of a State or his or her designated State employee representative;

(5)Federal, State, or local law enforcement personnel;

(6)State Radiation Control Program Directors and State Homeland Security Advisors or their designated State employee representatives;

(7)Agreement State employees conducting security inspections on behalf of the NRC pursuant to an agreement executed under section 274.i. of the AEA;

(8)Representatives of the International Atomic Energy Agency

(IAEA)engaged in activities associated with the U.S./IAEA Safeguards Agreement who have been certified by the NRC. The individuals described above are considered trustworthy and reliable by virtue of their occupational status and have either already undergone a background or criminal history check as a condition of their employment, or are subject to direct oversight by government authorities in their day-to-day job functions. Under this final rule, if an individual in one of the categories described above needs unescorted access to radioactive material or other property subject to regulation by the Commission to perform a job function, and the Commission has determined that the material or property in question is of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks, then the individual may be permitted unescorted access without being fingerprinted or undergoing an identification and criminal history records check, provided the individual is otherwise qualified for unescorted access under other NRC regulations and orders. IV. Basis for Immediate Effectiveness and Dispensing With Notice and Comment Generally, the NRC issues final rules using the public notice and comment procedures set forth in the Administrative Procedure Act (APA). But under 5 U.S.C. 553, the NRC may dispense with those procedures where it finds for “good cause” that public procedures are “impracticable, unnecessary, or contrary to the public interest.” In this case, notice-and-comment procedures are not required because the usual public rulemaking procedures are impracticable. The individuals described in Section II of this document may under some circumstances need unescorted access to radioactive materials to ensure that a range of inspection, enforcement, planning, oversight, and response functions related to the security of nuclear materials continues uninterrupted during routine and emergency conditions. The only way to ensure that government personnel may be permitted unescorted access to radioactive materials or other property subject to regulation by the Commission without first subjecting them to unnecessary fingerprinting and criminal history records checks is to issue a final rule relieving those individuals from such checks. Delaying issuance of the final rule until after notice and comment would interfere with the ability of licensees to provide unescorted access to trustworthy and reliable government officials who may need it to perform their job functions in the interim. Therefore, under 5 U.S.C. 553, good cause exists to dispense with notice and comment procedures. The Commission plans to publish a more comprehensive proposed rule governing requirements for unescorted access to radioactive materials and other property subject to regulation by the Commission that the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks. At that time, the public will be able to comment on whether any additional categories of individuals should be relieved from the fingerprinting and criminal history check requirements of AEA section 149. Finally, this rule is immediately effective upon publication in accordance with 5 U.S.C. 553(d)(1) because it is a substantive rule which grants an exemption or relieves a restriction. Specifically, the rule relieves certain individuals from the fingerprinting and criminal history records check requirements of AEA section 149. V. 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 using such a standard is inconsistent with applicable law or is otherwise impractical. In this final rule, the NRC is granting relief from criminal history checks, including fingerprinting, for access to certain radioactive material and other property subject to regulation by the Commission by persons in certain occupational categories. This action does not involve the establishment of a standard that contains generally applicable requirements. VI. Finding of No Significant Impact: Availability The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR part 51, that this final rule is not a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. As permitted by section 149.b. of the AEA, as amended, this rulemaking relieves individuals in certain occupational categories from the criminal history records check and fingerprinting requirements imposed by the Energy Policy Act of 2005. The final rule does not require individuals to take action that would have an environmental impact. A copy of the environmental assessment supporting this finding is available at *http://www.nrc.gov/reading-rm/pdr.html.* VII. Paperwork Reduction Act Statement This final rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). VIII. Regulatory Analysis A regulatory analysis has not been prepared for this regulation because it relieves restrictions and does not impose regulatory burdens on licensees. IX. Backfit Analysis No backfit analysis is required because the final rule does not modify or add to systems, structures, components, or the design of a facility, or the design approval or manufacturing license for a facility, or the procedures or organization required to design, construct, or operate a facility. Therefore, the final rule does not impose a backfit as defined in 10 CFR 50.109(a)(1). X. Congressional Review Act This final rule does not contain new or amended information collection requirements 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 3150-0002. 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. List of Subjects in 10 CFR Part 73 Criminal penalties, Export, Hazardous materials transportation, Import, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. For the reasons stated in the preamble, and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Energy Policy Act of 2005, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR part 73. PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS 1. The authority citation for part 73 is revised to read as follows: Authority: Secs. 53, 161, 149, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2169, 2201); sec. 201, as amended, 204, 88 Stat. 1242, as amended, 1245, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 594 (2005). Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 73.37(f) also issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 Stat. 876 (42 U.S.C. 2169). 2. A new § 73.61 is added before the undesignated center heading “Physical Protection of Special Nuclear Material of Moderate and Low Strategic Significance,” to read as follows: § 73.61. Relief from fingerprinting and criminal history records check for designated categories of individuals permitted unescorted access to certain radioactive materials or other property. Notwithstanding any other provision of the Commission's regulations, fingerprinting and the identification and criminal history records checks required by section 149 of the Atomic Energy Act of 1954, as amended, are not required for the following individuals prior to granting unescorted access to radioactive materials or other property that the Commission determines by regulation or order to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks:

(a)An employee of the Commission or of the Executive Branch of the U.S. Government who has undergone fingerprinting for a prior U.S. Government criminal history check;

(b)A Member of Congress;

(c)An employee of a member of Congress or Congressional committee who has undergone fingerprinting for a prior U.S. Government criminal history check;

(d)The Governor of a State or his or her designated State employee representative;

(e)Federal, State, or local law enforcement personnel;

(f)State Radiation Control Program Directors and State Homeland Security Advisors or their designated State employee representatives;

(g)Agreement State employees conducting security inspections on behalf of the NRC pursuant to an agreement executed under section 274.i. of the Atomic Energy Act;

(h)Representatives of the International Atomic Energy Agency

(IAEA)engaged in activities associated with the U.S./IAEA Safeguards Agreement who have been certified by the NRC. Dated at Rockville, Maryland, this 22nd day of January, 2007. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. E7-1730 Filed 2-1-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27009; Directorate Identifier 2007-NE-02-AD; Amendment 39-14925; AD 2007-03-14] RIN 2120-AA64 Airworthiness Directives; Turbomeca Arriel 2B1 Turboshaft Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

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

(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: This AD is prompted by several reported cases of rupture of the (hydro-mechanical metering unit (HMU)) constant delta pressure valve diaphragm on Arriel 2B1 engines, due to the wear of the delta P diaphragm fabric. Rupture can result in the loss of the automatic control mode of the helicopter, accompanied with a deterioration of the behavior of the auxiliary back-up mode (emergency mode). The loss of automatic control mode coupled with the deteriorated performance of the backup mode can lead to the inability to continue safe flight, forced autorotation landing, or an accident. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective February 20, 2007. We must receive comments on this AD by March 5, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Fax:*

(202)493-2251. • *Mail:* Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7175, fax

(781)238-7199; e-mail: *christopher.spinney@faa.gov.* SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Airworthiness Directive No. 2007-0006, dated January 9, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states that: This AD is prompted by several reported cases of rupture of the (hydro-mechanical metering unit (HMU)) constant delta pressure valve diaphragm on Arriel 2B1 engines, due to the wear of the delta P diaphragm fabric. Rupture can result in the loss of the automatic control mode of the helicopter, accompanied with a deterioration of the behavior of the auxiliary back-up mode (emergency mode). The loss of automatic control mode coupled with the deteriorated performance of the backup mode can lead to the inability to continue safe flight, forced autorotation landing, or an accident. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Turbomeca has issued Mandatory Service Bulletin No. 292 73 2818, dated October 18, 2006. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all the information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over the actions copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because of the high risk to engines that could experience a ruptured delta P diaphragm with HMUs that have accumulated over 2,000 operating hours. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-27009; Directorate Identifier 2007-NE-02-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD 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 the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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: **2007-03-14 Turbomeca:** Amendment 39-14925; Docket No. FAA-2007-27009; Directorate Identifier 2007-NE-02-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective February 20, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Turbomeca Arriel 2B1 turboshaft engines. These engines are installed on, but not limited to Eurocopter AS 350 B3 and EC 130 B4 helicopters. Reason

(d)European Aviation Safety Agency

(EASA)AD No. 2007-0006, dated January 9, 2007, states: This AD is prompted by several reported cases of rupture of the (hydro-mechanical metering unit (HMU)) constant delta pressure valve diaphragm on Arriel 2B1 engines, due to the wear of the delta P diaphragm fabric. Rupture can result in the loss of the automatic control mode of the helicopter, accompanied with a deterioration of the behavior of the auxiliary back-up mode (emergency mode). The loss of automatic control mode coupled with the deteriorated performance of the backup mode can lead to the inability to continue safe flight, forced autorotation landing, or an accident. Actions and Compliance

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

(1)Replace the HMU with a serviceable HMU before the HMU accumulates 2,000 hours-since-new, since-last-overhaul, or since-incorporation of Turbomeca Service Bulletin

(SB)No. 292 73 2105; or within 30 days after the effective date of this AD, whichever occurs later.

(2)Thereafter, replace HMUs with a serviceable HMU at every 2,000 hours-since-new, since-last-overhaul, or since-incorporation of Turbomeca SB No. 292 73 2105, whichever occurs later.

(3)For the purposes of this AD, a serviceable HMU is an HMU fitted with a new constant delta P diaphragm in accordance with Turbomeca Service Bulletin No. 292 73 2818, dated October 18, 2006. FAA AD Differences

(f)None. Other FAA AD Provisions

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

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Engine Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

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

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget

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

(h)Refer to EASA Airworthiness Directive 2007-0006, dated January 9, 2007, and Turbomeca Mandatory Service Bulletin No. 292 73 2818, dated October 18, 2006, for related information.

(i)Contact Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone

(781)238-7175, fax

(781)238-7199; e-mail: *christopher.spinney@faa.gov* for more information about this AD. Material Incorporated by Reference

(j)None. Issued in Burlington, Massachusetts, on January 29, 2007. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-1709 Filed 2-1-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30535; Amdt. No. 3205] Standard Instrument Approach Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective February 2, 2007. The compliance date for each SIAP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the **Federal Register** as of February 2, 2007. ADDRESSES: Availability of matter incorporated by reference in the amendment is as follows: For Examination— 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Ave, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which affected airport is located; or 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169; or 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/ federal_register/code_of_ federal_regulations/ibr_locations.html.* *For Purchase* —Individual SIAP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. *By Subscription* —Copies of all SIAPs, mailed once every 2 weeks, are for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125), telephone:

(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) amends Standard Instrument Approach Procedures (SIAPs). The complete regulatory description of each SIAP is contained in the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P-NOTAM), which is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 97.20 of the Code of Federal Regulations. Materials incorporated by reference are available for examination or purchase as stated above. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the **Federal Register** expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. The provisions of this amendment state the affected CFR sections, with the types and effective dates of the SIAPs. This amendment also identifies the airport, its location, the procedure identification and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP as modified by FDC/P-NOTAMs. The SIAPs, as modified by FDC P-NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these chart changes to SIAPs, the TERPS criteria were applied to only these specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days. Further, the SIAPs contained in this amendment are based on the criteria contained in TERPS. Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) Is not a “significant regulatory action” under Executive Order 12866;

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

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC on January 26, 2007. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97, 14 CFR part 97, is amended by amending Standard Instrument Approach Procedures, effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, LDA w/GS, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, MLS, TLS, GLS, WAAS PA, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; § 97.35 COPTER SIAPs, § 97.37 Takeoff Minima and Obstacle Departure Procedures. Identified as follows: * * * Effective Upon Publication FDC date State City Airport FDC No. Subject 01/17/07 OK LAWTON LAWTON-FORT SILL REGIONAL 7/1025 ILS OR LOC RWY 35, AMDT 7C. 01/18/07 FL PENSACOLA PENSACOLA REGIONAL 7/1075 LOC/DME RWY 26, ORIG-A. 01/18/07 AK JUNEAU JUNEAU INTL 7/1104 LDA X RWY 8, AMDT 11. 01/18/07 MI PLYMOUTH CANTON-PLYMOUTH-METTETAL 7/1237 VOR OR GPS-A, AMDT 11. 01/19/07 MS MERIDIAN KEY FIELD 7/1341 ILS RWY 1, AMDT 23A. 01/19/07 TX HOUSTON LONE STAR EXECUTIVE 7/1353 RNAV

(GPS)RWY 32 ORIG. 01/22/07 KY COVINGTON CINCINNATI/NORTHERN KENTUCKY INTL 7/1437 ILS OR LOC RWY 27, AMDT 16. 01/23/07 CO MONTROSE MONTROSE REGIONAL 7/1572 ILS OR LOC/DME RWY 17, AMDT 1A. 01/24/07 PA ERIE ERIE INTL 7/1702 ILS RWY 6, AMDT 15B. 01/24/07 PA ERIE ERIE INTL 7/1706 VOR OR GPS RWY 6, AMDT 15B. [FR Doc. E7-1676 Filed 2-1-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30534 Amdt. No. 3204] Standard Instrument Approach Procedures, Weather Takeoff Minimums; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective February 2, 2007. The compliance date for each SIAP and/or Weather Takeoff Minimums is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of February 2, 2007. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . *For Purchase* —Individual SIAP and Weather Takeoff Minimums copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. *By Subscription* —Copies of all SIAPs and Weather Takeoff Minimums mailed once every 2 weeks, are for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 ( *Mail Address:* P.O. Box 25082 Oklahoma City, OK 73125) *telephone:*

(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to Title 14 of the Code of Federal Regulations, part 97 (14 CFR part 97), establishes, amends, suspends, or revokes SIAPs and/or Weather Takeoff Minimums. The complete regulatory description of each SIAP and/or Weather Takeoff Minimums is contained in official FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms are identified as FAA Forms 8260-3, 8260-4, 8260-5 and 8260-15A. Materials incorporated by reference are available for examination or purchase as stated above. The large number of SIAPs and/or Weather Takeoff Minimums, their complex nature, and the need for a special format make their verbatim publication in the **Federal Register** expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs and/or Weather Takeoff Minimums but refer to their depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP and/or Weather Takeoff Minimums contained in FAA form documents is unnecessary. The provisions of this amendment state the affected CFR sections, with the types and effective dates of the SIAPs and/or Weather Takeoff Minimums. This amendment also identifies the airport, its location, the procedure identification and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and/or Weather Takeoff Minimums as contained in the transmittal. Some SIAP and/or Weather Takeoff Minimums amendments may have been previously issued by the FAA in a Flight Data Center

(FDC)Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for some SIAP, and/or Weather Takeoff Minimums amendments may require making them effective in less than 30 days. For the remaining SIAPs and/or Weather Takeoff Minimums, an effective date at least 30 days after publication is provided. Further, the SIAPs and/or Weather Takeoff Minimums contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and/or Weather Takeoff Minimums, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs and/or Weather Takeoff Minimums and safety in air commerce, I find that notice and public procedure before adopting these SIAPs and/or Weather Takeoff Minimums are impracticable and contrary to the public interest and, where applicable, that good cause exists for making some SIAPs and/or Weather Takeoff Minimums effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;

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

(GPS)Y RWY 31L, Amdt 1 Pittsburgh, PA, Pittsburgh Intl, Takeoff Minimum and Textual DP, Amdt 4 Effective 15 March 2007 Port Heiden, AK, Port Heiden, RNAV

(GPS)RWY 5, Orig Port Heiden, AK, Port Heiden, RNAV

(GPS)RWY 13, Orig Port Heiden, AK, Port Heiden, GPS RWY 5, Orig-A, CANCELLED Port Heiden, AK, Port Heiden, GPS RWY 13, Orig-A, CANCELLED Port Heiden, AK, Port Heiden, NDB RWY 5, Amdt 5A, CANCELLED Port Heiden, AK, Port Heiden, NDB RWY 13, Amdt 5A, CANCELLED Port Heiden, AK, Port Heiden, NDB/DME RWY 5, Amdt 3 Port Heiden, AK, Port Heiden, NDB/DME RWY 13, Amdt 3 Port Heiden, AK, Port Heiden, Takeoff Minimums and Textual DP, Amdt 2 Valdez, AK, Valdez Pioneer Field, LDA/DME-H, Orig Valdez, AK, Valdez Pioneer Field, LDA/DME-C, Amdt 3A, CANCELLED Valdez, AK, Valdez Pioneer Field, Takeoff Minimums and Textual DP, Amdt 5 Dumas, AR, Billy Free Muni, RNAV

(GPS)RWY 36, Orig Dumas, AR, Billy Free Muni, VOR/DME RWY 36, Amdt 3 St. Johns, AZ, St. Johns Industrial Airpark, RNAV

(GPS)RWY 32, Orig Los Angeles, CA, Los Angeles Intl, ILS OR LOC RWY 25L, Amdt 10 Los Angeles, CA, Los Angeles Intl, RNAV

(GPS)RWY 25L, Amdt 1 Oxnard, CA, Oxnard, RNAV

(GPS)RWY 7, Orig Oxnard, CA, Oxnard, RNAV

(GPS)RWY 25, Orig Oxnard, CA, Oxnard, GPS RWY 7, Orig, CANCELLED Oxnard, CA, Oxnard, GPS RWY 25, Orig, CANCELLED Sacramento, CA, Sacramento Mather, ILS OR LOC RWY 22L, Amdt 4 Denver, CO, Rocky Mountain Metropolitan, Takeoff Minimums and Textual DP, Amdt 3 Wilmington, DE, New Castle, Takeoff Minimum and Textual DP, Orig Fort Myers, FL, Southwest Florida Intl, Takeoff Minimums and Textual DP, Amdt 1 St Petersburg-Clearwater, FL, St Petersburg-Clearwater Intl,ILS OR LOC/DME RWY 35R, Orig St Petersburg-Clearwater, FL, St Petersburg-Clearwater Intl, LOC BC RWY 35R,Amdt 15, CANCELLED Washington, GA, Washington-Wilkes County, RNAV

(GPS)RWY 13, Orig Washington, GA, Washington-Wilkes County, RNAV

(GPS)RWY 31, Orig Washington, GA, Washington-Wilkes County, VOR/DME RWY 13, Amdt 3 Bloomington/Normal, IL, Central IL Regl Arpt at Bloomington-Normal,RNAV

(GPS)RWY 2, Orig Bloomington/Normal, IL, Central IL Regl Arpt at Bloomington-Normal,RNAV

(GPS)RWY 20, Orig Bloomington/Normal, IL, Central IL Regl Arpt at Bloomington-Normal,ILS OR LOC/DME RWY 2, Orig Bloomington/Normal, IL, Central IL Regl Arpt at Bloomington-Normal,ILS OR LOC RWY 20, ILS RWY 20 (CAT II), Amdt 3 Bloomington/Normal, IL, Central IL Regl Arpt at Bloomington-Normal, Takeoff Minimums and Textual DP, Orig Danville, IL, Vermilion County, ILS OR LOC RWY 21, Amdt 7 Danville, IL, Vermilion County, Takeoff Minimums and Textual DP, Orig Kankakee, IL, Greater Kankakee, RNAV

(GPS)RWY 4, Orig Kankakee, IL, Greater Kankakee, RNAV

(GPS)RWY 16, Orig Kankakee, IL, Greater Kankakee, RNAV

(GPS)RWY 22, Orig Kankakee, IL, Greater Kankakee, RNAV

(GPS)RWY 34, Orig Kankakee, IL, Greater Kankakee, VOR RWY 4, Amdt 6 Kankakee, IL, Greater Kankakee, VOR RWY 22, Amdt 7 Kankakee, IL, Greater Kankakee, Takeoff Minimums and Textual DP, Orig Griffith, IN, Griffith-Merrillville, RNAV

(GPS)RWY 8, Orig Griffith, IN, Griffith-Merrillville, RNAV

(GPS)RWY 26, Orig Griffith, IN, Griffith-Merrillville, GPS RWY 26, Orig, CANCELLED Griffith, IN, Griffith-Merrillville, VOR RWY 8, Amdt 8 Griffith, IN, Griffith-Merrillville, Takeoff Minimums and Textual DP, Amdt 4 Fairfield, IA, Fairfield Muni, RNAV

(GPS)RWY 18, Amdt 1 Fairfield, IA, Fairfield Muni, RNAV

(GPS)RWY 36, Orig Fairfield, IA, Fairfield Muni, GPS RWY 36, Orig, CANCELLED Fairfield, IA, Fairfield Muni, NDB RWY 36, Amdt 8 Fairfield, IA, Fairfield Muni, Takeoff Minimums and Textual DP, Orig Keokuk, IA, Keokuk Muni, ILS OR LOC/DME RWY 26, Orig Keokuk, IA, Keokuk Muni, LOC/DME RWY 26, Amdt 1, CANCELLED Newton, IA, Newton Muni, RNAV

(GPS)RWY 14, Orig Newton, IA, Newton Muni, RNAV

(GPS)RWY 32, Orig Newton, IA, Newton Muni, GPS RWY 14, Orig, CANCELLED Newton, IA, Newton Muni, GPS RWY 32, Orig, CANCELLED Newton, IA, Newton Muni, Takeoff Minimums and Textual DP, Orig Parsons, KS, Tri-City, NDB RWY 35, Amdt 6, CANCELLED Pittsburg, KS, Atkinson Muni, RNAV

(GPS)RWY 4, Orig-A Pittsburg, KS, Atkinson Muni, RNAV

(GPS)RWY 22, Orig-A Wichita, KS, Beech Factory, VOR-B, Amdt 3 Lafayette, LA, Lafayette Regional, RNAV

(GPS)RWY 29, Orig Lafayette, LA, Lafayette Regional, RADAR-1, Amdt 9 Lafayette, LA, Lafayette Regional, GPS RWY 29, Orig-A, CANCELLED Lafayette, LA, Lafayette Regional, Takeoff Minimums and Textual DP, Amdt 1 Bedford, MA, Laurence G. Hanscom Field, ILS OR LOC RWY 11, Amdt 25 Vineyard Haven, MA, Marthas Vineyard, Takeoff Minimum and Textual DP, Orig Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, Takeoff Minimums and Textual DP, Amdt 8 Howell, MI, Livingston County Spencer J. Hardy, NDB RWY 13, Amdt 3 Brainerd, MN, Brainerd Lakes Rgnl, ILS OR LOC RWY 34, Orig West Plains, MO, West Plains Muni, RNAV

(GPS)RWY 36, Orig-A Meridian, MS, Key Field, RNAV

(GPS)RWY 19, Orig Meridian, MS, Key Field, ILS OR LOC RWY 19, Orig Meridian, MS, Key Field, GPS RWY 19, Orig, CANCELLED Butte, MT, Bert Mooney, ILS Y RWY 15, Amdt 6 Butte, MT, Bert Mooney, RNAV

(GPS)Y RWY 15, Orig Butte, MT, Bert Mooney, RNAV

(GPS)Z RWY 15, Amdt 1A Butte, MT, Bert Mooney, Takeoff Minimums and Textual DP, Amdt 5 Fort Benton, MT, Fort Benton, RNAV (GPS)-A, Orig Fort Benton, MT, Fort Benton, Takeoff Minimums and Textual DP, Orig Plentywood, MT, Sher-Wood, RNAV (GPS)-A, Orig Plentywood, MT, Sher-Wood, Takeoff Minimums and Textual DP, Orig Columbus, NE, Columbus Muni, VOR RWY 14, Amdt 14 Holdrege, NE, Brewster Field, RNAV

(GPS)RWY 18, Orig Holdrege, NE, Brewster Field, RNAV

(GPS)RWY 36, Orig Holdrege, NE, Brewster Field, GPS RWY 36, Orig-A, CANCELLED Holdrege, NE, Brewster Field, VOR/DME-A, Amdt 3 Ogallala, NE, Searle Field, RNAV

(GPS)RWY 8, Amdt 1 Ogallala, NE, Searle Field, RNAV

(GPS)RWY 26, Amdt 1 Omaha, NE, Millard, RNAV

(GPS)RWY 12, Orig Omaha, NE, Millard, RNAV

(GPS)RWY 30, Orig Omaha, NE, Millard, GPS RWY 12, Orig-B, CANCELLED Omaha, NE, Millard, Takeoff and Minimums and Textual DP, Amdt 3 Albany, NY, Albany Intl, Takeoff Minimum and Textual DP, Amdt 11 Utica, NY, Oneida County, NDB OR GPS RWY 15, Amdt 9D, CANCELLED Utica, NY, Oneida County, VOR/DME OR GPS RWY 33, Amdt 4A, CANCELLED Utica, NY, Oneida County, ILS RWY 15, Amdt 3D, CANCELLED Utica, NY, Oneida County, ILS RWY 33, Amdt 1B, CANCELLED Charlotte, NC, Charlotte/Douglas Intl, Takeoff Minimums and Textual DP, Amdt 2 Oak Island, NC, Brunswick County, NDB RWY 23, Orig, CANCELLED Shelby, NC, Shelby Muni, VOR/DME OR GPS RWY 5, Amdt 7A, CANCELLED Bowling Green, OH, Wood County, RNAV

(GPS)RWY 10, Orig Bowling Green, OH, Wood County, RNAV

(GPS)RWY 18, Orig Bowling Green, OH, Wood County, RNAV

(GPS)RWY 28, Orig Bowling Green, OH, Wood County, RNAV

(GPS)RWY 36, Orig Bowling Green, OH, Wood County, GPS RWY 28, Orig-A, CANCELLED Bowling Green, OH, Wood County, VOR RWY 18, Amdt 13 Bowling Green, OH, Wood County, Takeoff Minimums and Textual DP, Amdt 3 Cushing, OK, Cushing Muni, RNAV

(GPS)RWY 36, Amdt 1 Cushing, OK, Cushing Muni, NDB RWY 36, Amdt 5 Seminole, OK, Seminole Muni, RNAV

(GPS)RWY 16, Amdt 1 Seminole, OK, Seminole Muni, NDB RWY 16, Amdt 4 Seminole, OK, Seminole Muni, Takeoff Minimums and Textual DP, Orig Roseburg, OR, Roseburg Regional, RNAV (GPS)-B, Orig Roseburg, OR, Roseburg Regional, GPS-B, Orig, CANCELLED Erie, PA, Erie Intl/Tom Ridge Field, RADAR-1, Amdt 7A, CANCELLED Philadelphia, PA, Philadelphia Intl, RNAV

(GPS)RWY 27R, Amdt 1A Providence, RI, Theodore Francis Green State, Takeoff Minimum and Textual DP, Amdt 12 Charleston, SC, Charleston Executive, ILS OR LOC RWY 9, Amdt 1 Charleston, SC, Charleston Executive, RNAV

(GPS)RWY 9, Orig Charleston, SC, Charleston Executive, RNAV

(GPS)RWY 27, Orig Charleston, SC, Charleston Executive, VOR-A, Amdt 1 Charleston, SC, Charleston Executive, GPS RWY 9, Orig, CANCELLED Cheraw, SC, Cheraw Muni/Lynch Bellinger Field, RNAV

(GPS)RWY 8, Orig Cheraw, SC, Cheraw Muni/Lynch Bellinger Field, VOR/DME RWY 8, Amdt 2 Cheraw, SC, Cheraw Muni/Lynch Bellinger Field, GPS RWY 26, Orig, CANCELLED Cheraw, SC, Cheraw Muni/Lynch Bellinger Field, RNAV

(GPS)RWY 26, Orig Cheraw, SC, Cheraw Muni/Lynch Bellinger Field, NDB RWY 26, Amdt 2 Cheraw, SC, Cheraw Muni/Lynch Bellinger Field, Takeoff Minimums and Textual DP, Amdt 1 Greenville, SC, Donaldson Center, NDB RWY 5, Amdt 6 Lake City, SC, Lake City Muni CJ Evans Field, RNAV

(GPS)RWY 1, Orig Lake City, SC, Lake City Muni CJ Evans Field, RNAV

(GPS)RWY 19, Orig Lake City, SC, Lake City Muni CJ Evans Field, Takeoff Minimums and Textual DP, Orig Britton, SD, Britton Muni, RNAV

(GPS)RWY 13, Orig Britton, SD, Britton Muni, RNAV

(GPS)RWY 31, Orig Britton, SD, Britton Muni, GPS RWY 31, Amdt 1, CANCELLED Britton, SD, Britton Muni, NDB OR GPS RWY 13, Amdt 1, CANCELLED Yankton, SD, Chan Gurney Muni, RNAV

(GPS)RWY 13, Orig-A Breckenridge, TX, Stephens County, NDB-A, Amdt 1A, CANCELLED Giddings, TX, Giddings-Lee County, NDB RWY 17, Amdt 2, CANCELLED Salt Lake City, UT, Salt Lake City Intl, ILS OR LOC/DME RWY 35, Amdt 2 Galax/Hillsville, VA, Twin County, GPS RWY 1, Orig, CANCELLED Galax/Hillsville, VA, Twin County, GPS RWY 19, Orig, CANCELLED Bellingham, WA, Bellingham Intl, Takeoff Minimums and Textual DP, Amdt 5 Olympia, WA, Olympia, Takeoff Minimums and Textual DP, Amdt 5 Seattle, WA, Seattle-Tacoma Intl, RNAV

(GPS)RWY 16C, ORIG-E Seattle, WA, Seattle-Tacoma Intl, RNAV

(GPS)RWY 34C, ORIG-D Clintonville, WI, Clintonville Muni, RNAV

(GPS)RWY 4, Orig Clintonville, WI, Clintonville Muni, RNAV

(GPS)RWY 14, Orig Clintonville, WI, Clintonville Muni, RNAV

(GPS)RWY 22, Orig Clintonville, WI, Clintonville Muni, RNAV

(GPS)RWY 32, Orig Clintonville, WI, Clintonville Muni, Takeoff Minimums and Textual DP, Amdt 1 Osceola, WI, L O Simenstad Muni, RNAV

(GPS)RWY 28, Orig Osceola, WI, L O Simenstad Muni, NDB RWY 28, Amdt 11 Osceola, WI, L O Simenstad Muni, GPS RWY 28, Orig, CANCELLED Osceola, WI, L O Simenstad Muni, Takeoff Minimums and Textual DP, Orig Sheboygan, WI, Sheboygan County Memorial, ILS OR LOC/DME RWY 21, Amdt 2 Sheboygan, WI, Sheboygan County Memorial, Takeoff Minimums and Textual DP, Orig Buffalo, WY, Johnson County, RNAV

(GPS)RWY 31, ORIG Buffalo, WY, Johnson County, VOR/DME RWY 31, Amdt 6 Greybull, WY, South Big Horn County, NDB RWY 33, Amdt 2 Greybull, WY, South Big Horn County, RNAV (GPS)-A, Orig Greybull, WY, South Big Horn County, RNAV

(GPS)RWY 33, Orig Jackson, WY, Jackson Hole, RNAV

(GPS)X RWY 1, Amdt 1A The FAA published an Amendment in Docket No. 30532 Amdt No. 3202 to Part 97 of the Federal Aviation Regulations (Vol 72, FR No. 15, page 3056 , dated, January 24, 2007) Under Section 97.33 effective 15 March 2007, which is hereby corrected to be effective for 15 February 2007: New York, NY, John F. Kennedy Intl, RNAV

(GPS)Y RWY 31L, Amdt 1 [FR Doc. E7-1677 Filed 2-1-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 558 New Animal Drugs for Use in Animal Feeds; Lasalocid AGENCY: Food and Drug Administration, HHS. ACTION: Final rule, technical amendment. SUMMARY: The Food and Drug Administration

(FDA)is amending the animal drug regulations to reflect approval of a supplemental new animal drug application

(NADA)filed by ADM Alliance Nutrition, Inc. The supplemental NADA provides for the use of a lasalocid Type A medicated article containing 20-percent lasalocid activity per pound to make free-choice Type C medicated feeds used for increased rate of weight gain in pasture cattle (slaughter, stocker, feeder cattle, and dairy and beef replacement heifers). DATES: This rule is effective February 2, 2007. FOR FURTHER INFORMATION CONTACT: Eric S. Dubbin, Center for Veterinary Medicine (HFV-126), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0232; e-mail: *eric.dubbin@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: ADM Alliance Nutrition, Inc., 1000 North 30th St., Quincy, IL 62305-3115, filed a supplement to NADA 138-993 for use of BOVATEC 91 (lasalocid) Type A medicated article to make MoorMan's Cattle Mineral BT, a free-choice mineral Type C medicated feed used for increased rate of weight gain in pasture cattle (slaughter, stocker, feeder cattle, and dairy and beef replacement heifers). The supplement provides for the use of a lasalocid Type A medicated article containing 20-percent lasalocid activity per pound. The supplemental NADA is approved as of December 22, 2006, and the regulations are amended in 21 CFR 558.311 to reflect the approval. The basis of approval is discussed in the freedom of information summary. In addition, FDA is revising the regulations to correct a cross reference for a similar product. This is being done to improve the accuracy of the regulations. Approval of this supplemental NADA did not require review of additional safety or effectiveness data or information. Therefore, a freedom of information summary is not required. The agency has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 558 Animal drugs, Animal feeds. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 558 is amended as follows: PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS 1. The authority citation for 21 CFR part 558 continues to read as follows: Authority: 21 U.S.C. 360b, 371. 2. In § 558.311, remove and reserve paragraph (b)(8), and revise paragraph (b)(5) to read as follows: § 558.311 Lasalocid.

(b)* * *

(5)15 and 20 percent activity to Nos. 017800 and 021930 for use in free-choice mineral feeds for cattle as in paragraph (e)(1)(xviii) of this section. Dated: January 24, 2007. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E7-1684 Filed 2-1-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9300] RIN 1545-BC15 Guidance Necessary To Facilitate Business Electronic Filing; Correction AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction notice. SUMMARY: This document contains a correction to final regulations (TD 9300) that were published in the **Federal Register** on Friday, December 8, 2006 (71 FR 71040) designed to eliminate regulatory impediments to the electronic filing of certain income tax returns and other forms. DATES: The correction is effective December 8, 2006. FOR FURTHER INFORMATION CONTACT: Nathan Rosen,

(202)622-4910(not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are the subject of the correction are under sections 170, 556,565, 936, 1017, 1368, 1377, 1502, 1503, 6038B and 7701 of the Internal Revenue Code. Need for Correction As published, final regulations (TD 9300) contain an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of the final regulations (TD 9300), which were the subject of FR Doc. E6-20734, is corrected as follows: On page 71045, in the signature block, the language “Approved: December 1, 2006.” is corrected to read “Approved: November 29, 2006.”. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division,Associate Chief Counsel, (Procedure and Administration). [FR Doc. E7-1691 Filed 2-1-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9310] RIN 1545-BE72 Updated Mortality Tables for Determining Current Liability AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains final regulations providing mortality tables to be used in determining current liability for purposes of applying certain pension funding requirements. These regulations affect sponsors, administrators, participants, and beneficiaries of certain retirement plans. DATES: *Effective Date:* These regulations are effective February 2, 2007. *Applicability Date:* These regulations apply for plan years beginning on or after January 1, 2007. FOR FURTHER INFORMATION CONTACT: Bruce Perlin or Linda Marshall at

(202)622-6090 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background Section 412 of the Internal Revenue Code provides minimum funding requirements with respect to certain defined benefit pension plans. 1 Title I of the Pension Protection Act of 2006 (PPA), Pub. L. 109-280, 120 Stat. 780, makes extensive changes to the rules of section 412, generally applicable to plan years beginning on or after January 1, 2008. Except as otherwise stated, all references to section 412 in this document refer to section 412 without regard to the amendments made by Title I of PPA. 1 Section 302 of the Employee Retirement Income Security Act of 1974, as amended (ERISA) sets forth funding rules that are parallel to those in section 412 of the Code. Under section 101 of Reorganization Plan No. 4 of 1978 (43 FR 47713) and section 302 of ERISA, the Secretary of the Treasury has interpretive jurisdiction over the subject matter addressed in these regulations for purposes of ERISA, as well as the Code. Thus, these final Treasury regulations issued under section 412 of the Code apply as well for purposes of section 302 of ERISA. Section 412(l) provides additional funding requirements for certain defined benefit pension plans, based in part on a plan's unfunded current liability, as defined in section 412(l)(8). Pursuant to section 412(c)(6), if the otherwise applicable minimum funding requirement exceeds the plan's full funding limitation (defined in section 412(c)(7) as the excess of a specified measure of plan liability over the plan assets), then the minimum funding requirement for the year is reduced by that excess. Under section 412(c)(7)(E), the full funding limitation cannot be less than the excess of 90% of the plan's current liability (including the expected increase in current liability due to benefits accruing during the plan year) over the value of the plan's assets. For this purpose, the term *current liability* generally has the same meaning given that term under section 412(l)(7). Section 412(l)(7)(C)(ii) provides that, for purposes of determining current liability in plan years beginning on or after January 1, 1995, the mortality table used is the table prescribed by the Secretary. Under section 412(l)(7)(C)(ii)(I), the initial mortality table used in determining current liability under section 412(l)(7) must be based on the prevailing commissioners' standard table (described in section 807(d)(5)(A)) used to determine reserves for group annuity contracts issued on January 1, 1993. For purposes of section 807(d)(5), Rev. Rul. 92-19 (1992-1 C.B. 227) specifies the prevailing commissioners' standard table used to determine reserves for group annuity contracts issued on January 1, 1993, as the 1983 Group Annuity Mortality Table (1983 GAM). Accordingly, Rev. Rul. 95-28 (1995-1 C.B. 74) sets forth two gender-specific mortality tables, based on 1983 GAM, for purposes of determining current liability for participants and beneficiaries (other than disabled participants). Section 412(l)(7)(C)(iii)(I) specifies that the Secretary is to establish different mortality tables to be used to determine current liability for individuals who are entitled to benefits under the plan on account of disability. One such set of tables is to apply to individuals whose disabilities occur in plan years beginning before January 1, 1995, and a second set of tables for individuals whose disabilities occur in plan years beginning on or after such date. Under section 412(l)(7)(C)(iii)(II), the separate tables for disabilities that occur in plan years beginning after December 31, 1994, apply only with respect to individuals who are disabled within the meaning of title II of the Social Security Act and the regulations thereunder. Rev. Rul. 96-7 (1996-1 C.B. 59) sets forth the mortality tables established under section 412(l)(7)(C)(iii). Under section 412(l)(7)(C)(ii)(III), the Secretary is required to periodically (at least every 5 years) review any tables in effect under that subsection and, to the extent necessary, by regulation update the tables to reflect the actual experience of pension plans and projected trends in such experience. Section 412(l)(7)(C)(ii)(II) provides that the updated tables are to take into account the results of available independent studies of mortality of individuals covered by pension plans. Pursuant to section 412(l)(7)(C)(ii)(II), any new mortality tables prescribed by regulation can be effective no earlier than the first plan year beginning after December 31, 1999. Under section 412(l)(10), increases in current liability arising from the adoption of such a new mortality table are required to be amortized over a 10-year period. Notice 2003-62 (2003-2 C.B. 576) was issued as part of the periodic review by the IRS and the Treasury Department of the mortality tables used in determining current liability under section 412(l)(7). At the time Notice 2003-62 was issued, the IRS and the Treasury Department were aware of two reviews of mortality experience for retirement plan participants undertaken by the Retirement Plans Experience Committee of the Society of Actuaries (the UP-94 Study and the RP-2000 Mortality Tables Report), 2 and commentators were invited to submit any other independent studies of pension plan mortality experience. Notice 2003-62 also requested the submission of studies regarding projected trends in mortality experience. With respect to projecting mortality improvements, the IRS and the Treasury Department requested comments regarding the advantages and disadvantages of reflecting these trends on an ongoing basis through the use of generational, modified generational, or sequentially static mortality tables. 2 The UP-94 Study, prepared by the UP-94 Task Force of the Society of Actuaries, was published in the Transactions of the Society of Actuaries, Vol. XLVII (1995), p. 819. The RP-2000 Mortality Table Report was released in July, 2000. Society of Actuaries, RP-2000 Mortality Tables Report, at *http://www.soa.org/ccm/content/research-publications/experience-studies-tools/the-rp-2000-mortality-tables/.* The IRS and the Treasury Department have reviewed the mortality tables that are used for purposes of determining current liability for participants and beneficiaries (other than disabled participants). The existing mortality table for determining current liability (1983 GAM) was compared to independent studies of mortality of individuals covered by pension plans, after reflecting projected trends for mortality improvement through 2007. The comparison indicated that the 1983 GAM is no longer appropriate for determining current liability. Based on this review of the 1983 GAM compared to more recent mortality experience, the IRS and the Treasury Department have determined that updated mortality tables based on the RP-2000 Mortality Tables Report should be used to determine current liability for participants and beneficiaries (other than disabled participants). 3 3 Because of the enactment of PPA, the IRS and Treasury Department are not planning to complete a review of the section 412(l)(7)(C)(iii) mortality tables for disabled participants pursuant to section 412(l)(7)(C)(ii)(III). The IRS and Treasury Department will review recent mortality experience and expected trends for disabled participants to determine what mortality tables should be used for disabled participants under section 430(h)(3)(D) as added by PPA. On December 2, 2005, the IRS issued proposed regulations under section 412(l)(7) (70 FR 72260) setting forth mortality tables, proposed to be effective for plan years beginning on or after January 1, 2007, to be used for nondisabled pension plan participants. The proposed regulations would have required plans of 500 or more participants to use separate mortality tables (derived from the RP-2000 mortality tables) for nonannuitant and annuitant periods. These separate tables were developed by projecting mortality improvement from a base year of 2007 over the period of the approximate expected duration of liabilities (7 years for the annuitant tables and 15 years for the nonannuitant tables). Small plans, defined as those with fewer than 500 participants (including both active and inactive participants), would have been permitted to use a combined table that applies the same mortality rates to both annuitants and nonannuitants. The proposed regulations provided for updated tables to be issued annually reflecting a new base year and using the projection factors described in the proposed regulations, to reflect expected improvements in mortality. Two comments on the proposed regulation were received, and no public hearing was requested or held. On August 17, 2006, PPA was enacted. PPA contains a comprehensive revision of the minimum funding requirements for single employer plans, based on the calculation of a funding target that replaces the current liability calculation under section 412(l). These minimum funding provisions of PPA are generally effective for plan years beginning after December 31, 2007. Under section 430(h)(3)(A) as enacted in PPA, the Secretary is directed to prescribe by regulation the mortality tables used in determining present value or making any computation under the funding rules. The specifications for developing the mortality tables under section 430(h)(3)(A) are the same as the specifications set forth in section 412(l)(7)(C)(ii)(III). Explanation of Provisions These regulations set forth the mortality tables to be used under section 412(l)(7)(C)(ii) to determine current liability for participants and beneficiaries (other than disabled participants) for plan years beginning on or after January 1, 2007. These mortality tables are the same mortality tables that were published for 2007 in the proposed regulations, and are based on the tables contained in the RP-2000 Mortality Tables Report. The IRS and the Treasury Department have reviewed the RP-2000 mortality tables and the accompanying report published by the Society of Actuaries, and have determined that the RP-2000 mortality tables form the best available basis for predicting mortality of pension plan participants and beneficiaries (other than disabled participants) based on pension plan experience and expected trends. As under the mortality tables applicable for earlier plan years, the mortality tables set forth in these regulations are gender-distinct because of significant differences between expected male mortality and expected female mortality. Of the two comments received on the proposed regulations, one commentator stated that requiring separate annuitant and nonannuitant mortality tables adds complexity without increasing accuracy. According to this commentator, the complexity could be avoided without loss of accuracy by using the RP-2000 blended table. This commentator suggested that, if separate annuitant and nonannuitant mortality tables are required, they should not be required to be used before 2008. The other commentator agreed with the use of separate annuitant and nonannuitant tables. In a change from the proposed regulations, the IRS and the Treasury Department have chosen to permit all plans to use a blended table for 2007 rather than require the use of separate annuitant and nonannuitant tables. This decision was made because of the sweeping changes made to the minimum funding requirements for single employer plans by PPA that will generally become effective in 2008. The IRS and the Treasury Department believe that using separate annuitant and nonannuitant tables results in a more accurate measure of a plan's current liability. However, in view of the sweeping PPA changes and the resulting need to overhaul actuarial valuation systems, it was determined that all plans (and not just small plans) should be permitted to use the combined mortality tables for the 2007 plan year. 4 It is expected that proposed regulations under section 430(h)(3)(A) providing mortality tables for purposes of determining present value under section 430 will require large plans to use separate annuitant and nonannuitant tables to achieve a more accurate measure of the present value of plan benefits. 4 For most single employer plans, these regulations will be in effect only for the plan year beginning in 2007 because changes to section 412 made by PPA will eliminate the need for single employer plans to calculate current liability for plan years beginning on or after January 1, 2008. However, sections 104 through 106 of PPA provide later effective dates for the PPA changes to section 412 with respect to certain plans, and therefore those plans will continue to be required to determine current liability for some plan years beginning on or after January 1, 2008. If the separate tables for annuitants and nonannuitants are used, the nonannuitant mortality table is applied to determine the probability of survival for a nonannuitant for the period before the nonannuitant is projected to commence receiving benefits. The annuitant mortality table is applied to determine the present value of benefits for each annuitant, and for each nonannuitant for the period after which the nonannuitant is projected to commence receiving benefits. For purposes of this section, an annuitant means a plan participant who has commenced receiving benefits and a nonannuitant means a plan participant who has not yet commenced receiving benefits (e.g., an active employee or a terminated vested participant). Thus, for example, with respect to a 45-year-old active participant who is projected to commence receiving an annuity at age 55, current liability would be determined using the nonannuitant mortality table for the period before the participant attains age 55 (i.e., so that the probability of an active male participant living from age 45 to the age of 55 for the table that applies in plan years beginning in 2007 is 98.59%) and the annuitant mortality table for the period ages 55 and above. Similarly, if a 45-year-old terminated vested participant is projected to commence an annuity at age 65, current liability would be determined using the nonannuitant mortality table for the period before the participant attains age 65 and the annuitant mortality table for ages 65 and above. A participant whose benefit has partially commenced is treated as an annuitant with respect to the portion of the benefit which has commenced and a nonannuitant with respect to the balance of the benefit. As under the proposed regulations, the annuitant and nonannuitant tables were developed by applying projected mortality improvements to the annuitant and nonannuitant tables from the RP-2000 Mortality Tables Report. Mortality improvement was projected forward from the base year of 2007 by 7 years for annuitants and 15 years for nonannuitants, to approximate an average expected duration of liabilities. The projection factors used are from Mortality Projection Scale AA, which was also recommended for use in the UP-94 Study and RP-2000 Mortality Tables Report. The blended table provided under these regulations was constructed in the same manner as under the proposed regulations, by applying the nonannuitant/annuitant weighting factors published in the RP-2000 Mortality Tables Report. However, because the RP-2000 Mortality Tables Report does not provide weighting factors before age 50 or after age 70, the IRS and the Treasury Department have extended the table of weighting factors for ages 41 through 50 (ages 45-50 for females) and for ages 70 through 79 in order to develop the blended table. For most plans, these regulations will be in effect only for the 2007 plan year because the minimum funding requirements enacted in PPA will replace the currently applicable minimum funding requirements for plan years beginning on or after January 1, 2008. For plans that remain subject to the pre-PPA requirements of section 412 after the 2007 plan year (see sections 104 through 106 of PPA), these regulations require that the mortality tables that will be provided pursuant to section 430(h)(3)(A) are to be used as the mortality tables that apply for determining current liability under section 412 for those later plan years. Applicability Date These regulations apply to plan years beginning on or after January 1, 2007. Special Analyses It has been determined that this Treasury Decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulation does not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, the notice of proposed rulemaking preceding these regulations was submitted to the Small Business Administration for comment on its impact on small business. Drafting Information The principal authors of these regulations are Bruce Perlin and Linda S. F. Marshall, Office of Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities). However, other personnel from the IRS and Treasury Department participated in the development of these regulations. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES **Paragraph 1** . The authority citation for part 1 continues to read, in part, as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 1.412(l)(7)-1 is added to read as follows: § 1.412(l)(7)-1 Mortality tables used to determine current liability.

(a)*In general.* The mortality tables set forth in paragraph

(d)of this section are to be used in determining current liability under section 412(l)(7) for participants and beneficiaries (other than disabled participants) for plan years beginning in 2007. For plan years beginning on or after January 1, 2008, the mortality tables described in section 430(h)(3)(A) are to be used in determining current liability under section 412(l)(7) for participants and beneficiaries (other than disabled participants).

(b)*Separate tables for annuitants and nonannuitants.* The separate tables for annuitants and nonannuitants are used unless the plan applies the optional combined table pursuant to paragraph

(c)of this section. If these separate tables are used, the nonannuitant mortality table is applied to determine the probability of survival for a nonannuitant for the period before the nonannuitant is projected to commence receiving benefits. The annuitant mortality table is applied to determine the present value of benefits for each annuitant, and for each nonannuitant for the period after which the nonannuitant is projected to commence receiving benefits. For purposes of this section, an annuitant means a plan participant who has commenced receiving benefits and a nonannuitant means a plan participant who has not yet commenced receiving benefits (e.g., an active employee or a terminated vested participant). Thus, for example, with respect to a 45-year-old active participant who is projected to commence receiving an annuity at age 55, current liability would be determined using the nonannuitant mortality table for the period before the participant attains age 55 (i.e., so that the probability of an active male participant living from age 45 to the age of 55 for the table that applies in plan years beginning in 2007 is 98.59%) and the annuitant mortality table for the period ages 55 and above. Similarly, if a 45-year-old terminated vested participant is projected to commence an annuity at age 65, current liability would be determined using the nonannuitant mortality table for the period before the participant attains age 65 and the annuitant mortality table for ages 65 and above. For purposes of this section, a participant whose benefit has partially commenced is treated as an annuitant with respect to the portion of the benefit which has commenced and a nonannuitant with respect to the balance of the benefit.

(c)*Optional combined tables.* As an alternative to the separate tables specified for annuitants and nonannuitants as described in paragraph

(b)of this section, the optional combined table, which applies the same mortality rates to both annuitants and nonannuitants, can be used.

(d)*Mortality tables for 2007.* As set forth in paragraph

(a)of this section, the following tables are to be used for determining current liability for plan years beginning during 2007 in accordance with the rules of this section. Age Male Non- annuitant table Annuitant table Optional combined table Female Non- annuitant table Annuitant table Optional combined table 1 0.000408 0.000408 0.000408 0.000366 0.000366 0.000366 2 0.000276 0.000276 0.000276 0.000239 0.000239 0.000239 3 0.000229 0.000229 0.000229 0.000178 0.000178 0.000178 4 0.000178 0.000178 0.000178 0.000133 0.000133 0.000133 5 0.000163 0.000163 0.000163 0.000121 0.000121 0.000121 6 0.000156 0.000156 0.000156 0.000113 0.000113 0.000113 7 0.000150 0.000150 0.000150 0.000106 0.000106 0.000106 8 0.000138 0.000138 0.000138 0.000094 0.000094 0.000094 9 0.000134 0.000134 0.000134 0.000090 0.000090 0.000090 10 0.000136 0.000136 0.000136 0.000090 0.000090 0.000090 11 0.000140 0.000140 0.000140 0.000092 0.000092 0.000092 12 0.000146 0.000146 0.000146 0.000095 0.000095 0.000095 13 0.000154 0.000154 0.000154 0.000099 0.000099 0.000099 14 0.000167 0.000167 0.000167 0.000109 0.000109 0.000109 15 0.000176 0.000176 0.000176 0.000119 0.000119 0.000119 16 0.000186 0.000186 0.000186 0.000127 0.000127 0.000127 17 0.000197 0.000197 0.000197 0.000135 0.000135 0.000135 18 0.000207 0.000207 0.000207 0.000138 0.000138 0.000138 19 0.000217 0.000217 0.000217 0.000136 0.000136 0.000136 20 0.000226 0.000226 0.000226 0.000134 0.000134 0.000134 21 0.000239 0.000239 0.000239 0.000132 0.000132 0.000132 22 0.000251 0.000251 0.000251 0.000133 0.000133 0.000133 23 0.000267 0.000267 0.000267 0.000138 0.000138 0.000138 24 0.000282 0.000282 0.000282 0.000144 0.000144 0.000144 25 0.000301 0.000301 0.000301 0.000152 0.000152 0.000152 26 0.000331 0.000331 0.000331 0.000164 0.000164 0.000164 27 0.000342 0.000342 0.000342 0.000171 0.000171 0.000171 28 0.000352 0.000352 0.000352 0.000180 0.000180 0.000180 29 0.000369 0.000369 0.000369 0.000190 0.000190 0.000190 30 0.000398 0.000398 0.000398 0.000212 0.000212 0.000212 31 0.000447 0.000447 0.000447 0.000257 0.000257 0.000257 32 0.000503 0.000503 0.000503 0.000293 0.000293 0.000293 33 0.000565 0.000565 0.000565 0.000323 0.000323 0.000323 34 0.000629 0.000629 0.000629 0.000349 0.000349 0.000349 35 0.000692 0.000692 0.000692 0.000372 0.000372 0.000372 36 0.000753 0.000753 0.000753 0.000394 0.000394 0.000394 37 0.000810 0.000810 0.000810 0.000415 0.000415 0.000415 38 0.000844 0.000844 0.000844 0.000439 0.000439 0.000439 39 0.000875 0.000875 0.000875 0.000465 0.000465 0.000465 40 0.000904 0.000904 0.000904 0.000506 0.000506 0.000506 41 0.000936 0.000963 0.000936 0.000555 0.000555 0.000555 42 0.000974 0.001081 0.000975 0.000611 0.000611 0.000611 43 0.001018 0.001258 0.001021 0.000672 0.000672 0.000672 44 0.001071 0.001493 0.001079 0.000738 0.000738 0.000738 45 0.001131 0.001788 0.001146 0.000788 0.000791 0.000788 46 0.001185 0.002142 0.001211 0.000839 0.000896 0.000840 47 0.001244 0.002554 0.001286 0.000889 0.001054 0.000893 48 0.001304 0.003026 0.001366 0.000962 0.001265 0.000972 49 0.001368 0.003557 0.001457 0.001039 0.001528 0.001059 50 0.001434 0.004146 0.001557 0.001149 0.001844 0.001184 51 0.001500 0.004226 0.001636 0.001272 0.001962 0.001312 52 0.001570 0.004254 0.001754 0.001442 0.002173 0.001496 53 0.001681 0.004312 0.001932 0.001637 0.002445 0.001714 54 0.001803 0.004369 0.002134 0.001861 0.002771 0.001969 55 0.001986 0.004514 0.002508 0.002117 0.003155 0.002314 56 0.002217 0.004749 0.003020 0.002414 0.003608 0.002755 57 0.002488 0.005069 0.003464 0.002696 0.004088 0.003170 58 0.002803 0.005501 0.003990 0.002947 0.004588 0.003583 59 0.003095 0.005972 0.004529 0.003223 0.005156 0.004066 60 0.003421 0.006539 0.005177 0.003521 0.005780 0.004640 61 0.003860 0.007284 0.006030 0.003838 0.006450 0.005354 62 0.004244 0.008024 0.006929 0.004170 0.007168 0.006148 63 0.004746 0.008989 0.008099 0.004513 0.007932 0.007084 64 0.005154 0.009947 0.009159 0.004862 0.008758 0.007996 65 0.005553 0.011015 0.010377 0.005213 0.009662 0.009018 66 0.006073 0.012379 0.011951 0.005559 0.010640 0.010192 67 0.006447 0.013705 0.013349 0.005896 0.011690 0.011323 68 0.006650 0.014940 0.014641 0.006220 0.012838 0.012522 69 0.006974 0.016504 0.016231 0.006528 0.014126 0.013843 70 0.007115 0.017971 0.017689 0.006818 0.015607 0.015309 71 0.008002 0.019884 0.019606 0.007450 0.017078 0.016784 72 0.009777 0.022078 0.021822 0.008714 0.018995 0.018716 73 0.012439 0.024592 0.024371 0.010610 0.020819 0.020577 74 0.015988 0.027435 0.027256 0.013139 0.023074 0.022872 75 0.020425 0.031057 0.030919 0.016299 0.025117 0.024967 76 0.025749 0.034615 0.034523 0.020092 0.027673 0.027570 77 0.031961 0.039054 0.038999 0.024516 0.030911 0.030846 78 0.039059 0.044018 0.043992 0.029573 0.034074 0.034043 79 0.047046 0.049617 0.049610 0.035261 0.037618 0.037610 80 0.055919 0.055919 0.055919 0.041582 0.041582 0.041582 81 0.063476 0.063476 0.063476 0.046024 0.046024 0.046024 82 0.071926 0.071926 0.071926 0.051021 0.051021 0.051021 83 0.080176 0.080176 0.080176 0.056651 0.056651 0.056651 84 0.090433 0.090433 0.090433 0.063006 0.063006 0.063006 85 0.100383 0.100383 0.100383 0.071188 0.071188 0.071188 86 0.111295 0.111295 0.111295 0.080522 0.080522 0.080522 87 0.125051 0.125051 0.125051 0.091080 0.091080 0.091080 88 0.140385 0.140385 0.140385 0.101448 0.101448 0.101448 89 0.155142 0.155142 0.155142 0.114246 0.114246 0.114246 90 0.173400 0.173400 0.173400 0.126258 0.126258 0.126258 91 0.188868 0.188868 0.188868 0.138648 0.138648 0.138648 92 0.207683 0.207683 0.207683 0.151126 0.151126 0.151126 93 0.224037 0.224037 0.224037 0.165722 0.165722 0.165722 94 0.240367 0.240367 0.240367 0.177747 0.177747 0.177747 95 0.260098 0.260098 0.260098 0.189133 0.189133 0.189133 96 0.276058 0.276058 0.276058 0.199703 0.199703 0.199703 97 0.291564 0.291564 0.291564 0.212246 0.212246 0.212246 98 0.310910 0.310910 0.310910 0.220832 0.220832 0.220832 99 0.325614 0.325614 0.325614 0.228169 0.228169 0.228169 100 0.339763 0.339763 0.339763 0.234164 0.234164 0.234164 101 0.358628 0.358628 0.358628 0.244834 0.244834 0.244834 102 0.371685 0.371685 0.371685 0.254498 0.254498 0.254498 103 0.383040 0.383040 0.383040 0.266044 0.266044 0.266044 104 0.392003 0.392003 0.392003 0.279055 0.279055 0.279055 105 0.397886 0.397886 0.397886 0.293116 0.293116 0.293116 106 0.400000 0.400000 0.400000 0.307811 0.307811 0.307811 107 0.400000 0.400000 0.400000 0.322725 0.322725 0.322725 108 0.400000 0.400000 0.400000 0.337441 0.337441 0.337441 109 0.400000 0.400000 0.400000 0.351544 0.351544 0.351544 110 0.400000 0.400000 0.400000 0.364617 0.364617 0.364617 111 0.400000 0.400000 0.400000 0.376246 0.376246 0.376246 112 0.400000 0.400000 0.400000 0.386015 0.386015 0.386015 113 0.400000 0.400000 0.400000 0.393507 0.393507 0.393507 114 0.400000 0.400000 0.400000 0.398308 0.398308 0.398308 115 0.400000 0.400000 0.400000 0.400000 0.400000 0.400000 116 0.400000 0.400000 0.400000 0.400000 0.400000 0.400000 117 0.400000 0.400000 0.400000 0.400000 0.400000 0.400000 118 0.400000 0.400000 0.400000 0.400000 0.400000 0.400000 119 0.400000 0.400000 0.400000 0.400000 0.400000 0.400000 120 1.000000 1.000000 1.000000 1.000000 1.000000 1.000000

(e)*Effective date.* This section applies for plan years beginning on or after January 1, 2007. Approved: January 26, 2007. Linda M. Kroening, Acting Deputy Commissioner for Services and Enforcement. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E7-1703 Filed 2-1-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 500 Foreign Assets Control Regulations AGENCY: Office of Foreign Assets Control, Treasury. ACTION: Final rule. SUMMARY: The Office of Foreign Assets Control of the U.S. Department of the Treasury is amending the Foreign Assets Control Regulations, 31 CFR part 500, by revising paragraph (b)(5) of § 500.586 to prohibit U.S. persons from registering vessels in the Democratic People's Republic of Korea (“North Korea”), or from otherwise obtaining authorization for a vessel to fly the North Korean flag. This paragraph already prohibits U.S. persons from owning, leasing, operating, or insuring any North Korean-flagged vessel. DATES: *Effective Date:* February 2, 2007. FOR FURTHER INFORMATION CONTACT: Assistant Director for Compliance Outreach & Implementation, *tel.:* 202/622-2490, Assistant Director for Licensing, *tel.:* 202/622-2480, Assistant Director for Policy, *tel.:* 202/622-4855, or Chief Counsel, *tel.:* 202/622-2410, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220 (not toll free numbers). SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning the Office of Foreign Assets Control (“OFAC”) are available from OFAC's Web site *http://www.treas.gov/ofac* or via facsimile through a 24-hour fax-on demand service, *tel.:*

(202)622-0077. Background The Foreign Assets Control Regulations (the “FACR”), 31 CFR part 500, which are authorized under the Trading with the Enemy Act, 50 U.S.C. App. 1-44, imposed economic sanctions against the Democratic People's Republic of Korea (“North Korea”) beginning in 1950. Consistent with U.S. foreign policy interests, the Office of Foreign Assets Control (“OFAC”), on June 19, 2000, amended the FACR to add § 500.586, authorizing new transactions in which North Korea or a North Korean national has a property interest, subject to certain limitations set forth in paragraph (b). Effective May 8, 2006, OFAC further amended the FACR by adding a new limitation on the authorization provided by § 500.586. This limitation, § 500.586(b)(5), prohibits U.S. persons from owning, leasing, operating, or insuring any vessel flagged by North Korea. Based on information that OFAC has received during its implementation of § 500.586(b)(5) and other foreign policy considerations, OFAC is amending § 500.586(b)(5) to expand this prohibition. Effective immediately, U.S. persons are prohibited from registering vessels in North Korea, or from otherwise obtaining authorization for a vessel to fly the North Korean flag. In addition to the amendment relating to North Korean vessels, OFAC is making a technical amendment to the note to § 500.586 to correct its placement within the section and to make minor revisions to its content. Public Participation Because the amendments of the FACR involve a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply. Paperwork Reduction Act The collections of information related to the FACR are contained in 31 CFR part 501 (the “Reporting, Procedures and Penalties Regulations”). Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of information have been approved by the Office of Management and Budget under control number 1505-0164. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. List of Subjects in 31 CFR Part 500 Administrative practice and procedure, Banks, Banking, Brokers, Foreign Trade, Investments, Loans, Securities, North Korea. For the reasons set forth in the preamble, the Office of Foreign Assets Control amends 31 CFR part 500 as follows: PART 500—FOREIGN ASSETS CONTROL REGULATIONS 1. The authority citation for part 500 continues to read as follows: Authority: 18 U.S.C. 2332d; 31 U.S.C. 321(b); 50 U.S.C. App. 1-44; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); E.O. 9193, 7 FR 5205, 3 CFR, 1938-1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943-1948 Comp., p. 748. Subpart E—Licenses, Authorizations, and Statements of Licensing Policy 2. Amend § 500.586 by revising paragraph (b)(5) of § 500.586, removing the note to paragraph

(b)of § 500.586, and adding a new note to § 500.586 to read as follows: § 500.586 Authorization of new transactions concerning certain North Korean property.

(b)* * * (5)(i) Effective May 8, 2006, United States persons are prohibited from owning, leasing, operating, or insuring any vessel flagged by North Korea.

(ii)Effective February 2, 2007, United States persons are prohibited from registering vessels in North Korea, or from otherwise obtaining authorization for a vessel to fly the North Korean flag.

(iii)For purposes of this section, the term *United States person* means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Note to § 500.586: The exportation and reexportation of items may be subject to license application requirements under regulations administered by other federal agencies (see e.g., the Export Administration Regulations administered by the Department of Commerce). It should also be noted that the shipment of strategic goods from a foreign country to North Korea by persons subject to the jurisdiction of the United States remains prohibited by 31 CFR part 505. The application requirements for a specific license relating to such goods are found in 31 CFR 501.801. Dated: January 9, 2007. Adam J. Szubin, Director, Office of Foreign Assets Control. [FR Doc. E7-1702 Filed 2-1-07; 8:45 am] BILLING CODE 4811-42-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD08-06-037] RIN 1625-AA09 Drawbridge Operation Regulation; Mississippi River, Dubuque, IA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is changing the drawbridge operations for the Illinois Central Railroad Drawbridge across the Upper Mississippi River at Mile 579.9, at Dubuque, Iowa. Under the rule, the drawbridge shall open on signal if at least 24 hours advance notice is given from 12:01 a.m., on February 2, 2007 until 8 a.m., on March 15, 2007. This rule allows time for making upgrades to critical mechanical components and perform scheduled annual maintenance/repairs to the bridge and pier protection. DATES: The rule is effective from 12:01 a.m., on February 2, 2007 until 8 a.m., on March 15, 2007. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket [CGD08-06-037] and are available for inspection or copying at room 2.107f in the Robert A. Young Federal Building at Eighth Coast Guard District, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Commander (dwb), Eighth Coast Guard District, Bridge Branch maintains the public docket for this rulemaking. FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge Administrator,

(314)269-2378. SUPPLEMENTARY INFORMATION: Regulatory Information Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the **Federal Register** . Winter conditions on the Upper Mississippi River coupled with the closure of Lock and Dam 11, Mile 583.0, Upper Mississippi River, at Dubuque, Iowa from January 2, 2007 until February 28, 2007 preclude any significant navigation demands for the drawspan opening thereby making a 30-day delay during that period unnecessary, and a delayed effective date would be contrary to the public interest in prompt completion of the bridge's repairs and maintenance work. On November 16, 2006, we published a notice of proposed rulemaking

(NPRM)entitled Drawbridge Operation Regulation; Mississippi River, Iowa and Illinois in the **Federal Register** (71 FR 66711). We received no comment letters on the proposed rule. No public hearing was requested, and none was held. Background and Purpose On September 12, 2006, the Chicago, Central & Pacific Railroad requested a temporary change to the operation of the Illinois Central Railroad Drawbridge, across the Upper Mississippi River, Mile 579.9, at Dubuque, Iowa to open on signal if at least 24 hours advance notice is given to facilitate critical bridge repair and annual maintenance. The Illinois Central Railroad Drawbridge navigation span has a vertical clearance of 19.9 feet above normal pool in the closed to navigation position. Navigation on the waterway consists primarily of commercial tows and recreational watercraft and will not be significantly impacted due to the reduced navigation in winter months. Presently, the draw opens on signal for passage of river traffic. The Chicago, Central & Pacific Railroad requested the drawbridge be permitted to remain closed-to-navigation from 12:01 a.m., February 2, 2007 until 8 a.m., March 15, 2007 unless 24 hours advance notice is given of the need to open. The Illinois Central Railroad Drawbridge, Mile 579.9, Upper Mississippi River, is located just downstream from Lock and Dam 11. Performing maintenance on the bridge and pier protection during the winter, when the number of vessels likely to be impacted is minimal, is preferred to the bridge closure or advance notification requirements during the navigation season. This temporary change to the drawbridge's operation has been coordinated with the commercial waterway operators. Discussion of Comments and Changes The Coast Guard received no comment letters. No changes have been made to this temporary final rule. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 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 this temporary change to the operation of the Illinois Central Railroad Drawbridge to have a minimal economic impact on commercial traffic operating on the Upper Mississippi River such that a full regulatory evaluation under the regulatory policies and procedures of DHS is unnecessary. This temporary change has been written in such a manner as to allow for minimal interruption of the drawbridge's regular operation, since the change is only in effect during the winter months while commercial traffic is greatly reduced. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would 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 would not have a significant economic impact on a substantial number of small entities. The rule will have a negligible impact on vessel traffic. The primary users of the Upper Mississippi River in Dubuque, Iowa are commercial towboat operators. With the onset of winter conditions, most activity on the Upper Mississippi River is curtailed and there are few, if any, significant navigation demands for opening the drawspan. The Coast Guard expects the impact of this action to be minimal. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding this rule so that they could better evaluate its effects on them and participate in the rulemaking. 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 1-800-REG-FAIR (1-800-734-3247). 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 would either preempt State law or impose 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 an 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 would 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 would be 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 would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore this rule is categorically excluded under figure 2-1, paragraph 32(e) of the Instruction from further environmental documentation. Paragraph 32(e) excludes the promulgation of operating regulations or procedures for drawbridges from the environmental documentation requirements of the National Environmental Policy Act (NEPA). Since this regulation would alter the normal operating conditions of the drawbridge, it falls within this exclusion. A “Categorical Exclusion Determination” is available in the docket for inspection or copying where indicated under ADDRESSES . List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; Department of Homeland Security Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039. 2. From 12:01 a.m., February 2, 2007 until 8 a.m., March 15, 2007 in § 117.671 add new paragraph

(c)to read as follows: § 117.671 Upper Mississippi River.

(c)The Illinois Central Railroad Drawbridge, Mile 579.9, Upper Mississippi River at Dubuque, Iowa shall open on signal if at least 24 hours notice is given. Dated: January 22, 2007. J.R. Whitehead, Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District. [FR Doc. E7-1615 Filed 2-1-07; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2006-0175; FRL-8111-3] Withdrawal of Direct Final Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: Because EPA has received adverse comments, the Agency is withdrawing the direct final rule excepting from the definitions of “pesticide chemical” and “pesticide chemical residue” under section 201(q) of the Federal Food, Drug and Cosmetic Act (FFDCA) food packaging (e.g., paper and paperboard, coatings, adhesives, and polymers) that is treated with a pesticide. The rule was published on December 6, 2006 (71 FR 70667) (FRL-8084-2). We stated in that direct final rule that if EPA received adverse comment by January 5, 2007, the Agency would publish a timely withdrawal in the **Federal Register** . We subsequently received adverse comment on that direct final rule and are therefore withdrawing the rule. EPA may issue a notice of proposed rulemaking in a future edition of the **Federal Register** to initiate action to repromulgate the rule provisions that are being withdrawn today. In any such action, EPA would address the adverse comments it received on the direct final rule. DATES: The direct final rule published at 71 FR 70667, December 6, 2006, is withdrawn, effective January 25, 2007. FOR FURTHER INFORMATION CONTACT: Mari L. Duggard, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., N.W.,Washington, DC 20460-0001; telephone number:

(703)308-0028; fax number:

(703)308-7026; e-mail address: *duggard.mari@epa.gov* . SUPPLEMENTARY INFORMATION: EPA issued a direct final rule in the **Federal Register** of December 6, 2006 excepting from the definitions of “pesticide chemical” and “pesticide chemical residue” under section 201(q) of the FFDCA, food packaging (e.g., paper and paperboard, coatings, adhesives, and polymers) that is treated with a pesticide. We received adverse comment on that direct final rule and are therefore withdrawing the rule. EPA may issue a notice of proposed rulemaking in a future edition of the **Federal Register** to initiate action to repromulgate the rule provisions that are being withdrawn today. In any such action, EPA would address the adverse comments it received on the direct final rule. Accordingly, the amendment to 40 CFR 180.4 published in the **Federal Register** on December 6, 2006 (71 FR 70667) is withdrawn effective January 25, 2007. The Adverse comment is publicly available available either in the electronic docket at *http://www.regulations.gov* , or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is

(703)305-5805. List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and record-keeping requirements. Dated: January 17, 2007. Janet L. Andersen, Division Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. 07-485 Filed 1-31-07; 12:19 pm]

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