Unknown. Final rule

5,772 words·~26 min read·/register/2007/02/15/07-704

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-2007-02-15.xml --- 72 31 Thursday, February 15, 2007 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Farm Service Agency See Foreign Agricultural Service See Forest Service See Rural Business-Cooperative Service NOTICES Meetings: National Agricultural Research, Extension, Education, and Economics Advisory Board, 7389-7390 E7-2649 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Senior Executive Service Performance Review Board; membership, 7402-7403 E7-2596 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 7436-7437 E7-2637 Coast Guard Coast Guard RULES Drawbridge operations:

Supplemental changes and clarifications; amendment Correction, 7351 E7-2589 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Coordinating Coordinating Council on Juvenile Justice and Delinquency Prevention NOTICES Meetings: Juvenile Justice and Delinquency Prevention Coordinating Council, 7423 E7-2660 Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-2655 7445-7446 E7-2656 Commercial gauger and laboratory accreditations:

Approval— Intertek Testing Service/Caleb Brett, 7446-7447 E7-2651 Laboratory Service, Inc., 7446 E7-2650 Defense Defense Acquisition Regulations System NOTICES Acquisition regulations: Small disadvantaged businesses; price evaluation adjustment; 1-year suspension, 7424 E7-2687 Defense Defense Department See Defense Acquisition Regulations System NOTICES Meetings; Sunshine Act, 7423-7424 07-727 Delaware Delaware River Basin Commission NOTICES Meetings and hearings, 7424-7427 E7-2658 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Youth with disabilities; improving postsecondary and employment outcomes, 7427-7430 E7-2685 Employee Employee Benefits Security Administration RULES Employee Retirement Income Security Act: Abandoned individual retirement account plans; safe harbor distributions to inherited plans for missing nonspouse beneficiaries; termination amendments, 7516-7524 07-597 NOTICES Employee benefit plans; class exemptions: Abandoned individual retirement account plans; termination, 7461-7464 E7-2606 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Industry Advisory Board, 7430-7431 E7-2670 EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: New Mexico, 7361-7365 E7-2671 NOTICES Meetings: Mobile Sources Technical Review Subcommittee, 7434-7435 E7-2672 Reports and guidance documents; availability, etc.: Nanotechnology White Paper External Review Draft, 7435 E7-2768 Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 7390 E7-2666 FAA Federal Aviation Administration RULES Air carrier certification and operations:

Multi-engine airplanes; extended operations Correction, 7346-7348 07-704 PROPOSED RULES Airworthiness directives: Cessna, 7357-7359 E7-2628 General Electric Co., 7355-7357 E7-2625 NOTICES Environmental statements; notice of intent: Kodiak Airport, AK, 7503-7504 07-692 Meetings: Rotorcraft safety initiatives, 7504 07-711 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Illinois and Alabama, 7351-7353 E7-2631 PROPOSED RULES Flood elevation determinations:

South Carolina and Wisconsin, 7365-7376 E7-2638 NOTICES Disaster and emergency areas: Colorado, 7447 E7-2646 E7-2647 Florida, 7447 E7-2642 7448 E7-2643 Kansas, 7448 E7-2645 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 7433-7434 E7-2583 E7-2587 *Applications, hearings, determinations, etc.:* Central New York Oil & Gas Co., LLC, 7431 E7-2588 Dominion Transmission, Inc., 7431-7432 E7-2584 Gulf South Pipeline Co., LP, 7432-7433 E7-2586 Kinder Morgan Interstate Gas Transmission, LLC, 7433 E7-2585 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Dodge and Steele Counties, MN, 7504-7505 07-695 Utah County, UT, 7505 E7-2635 Federal Transit Federal Transit Administration PROPOSED RULES Charter service: Federal financial assistance recipients; negotiated rulemaking recommendations for improving unauthorized competition, 7526-7546 E7-2715 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Polar bear, 7381-7382 07-723 NOTICES Endangered and threatened species permit applications, 7452 E7-2630 Meetings:

Sport Fishing and Boating Partnership Council, 7453 E7-2692 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Trenbolone acetate and estradiol; implantation or injectable dosage form, 7348-7349 E7-2580 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-2576 7437-7431 E7-2577 E7-2578 E7-2579 Meetings: Sentinel Network to Promote Medical Product Safety, 07-710 Reports and guidance documents; availability, etc.:

Developing products for weight management; industry guidance, 7441-7442 E7-2581 Foreign Foreign Agricultural Service NOTICES Adjustment assistance; applications, determinations, etc.: California avocado producers, 7390 E7-2627 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Kentucky Hitachi Automotive Products (USA), Inc.; automotive components manufacturing facilities, 7403 E7-2680 Ohio, 7403-7404 E7-2681 Forest Forest Service NOTICES Land and resource management plans, etc.:

George Washington National Forest, VA and WV, 7390-7391 07-693 Reports and guidance documents; availability, etc.: National Environmental Policy Act; implementation— Oil and gas exploration and development activities; documentation; categorical exclusion, 7391-7402 E7-2617 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

American Health Information Community, 7436 07-707 07-708 Historic Historic Preservation, Advisory Council NOTICES Reports and guidance documents; availability, etc.: Affordable housing and historic preservation; policy statement, 7387-7389 07-703 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency See Transportation Security Administration See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 7449-7452 E7-2709 E7-2711 E7-2712 E7-2714 Industry Industry and Security Bureau NOTICES Meetings:

Materials Processing Equipment Technical Advisory Committee, 7404 07-701 Regulations and Procedures Technical Advisory Committee, 7404 07-702 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission IRS Internal Revenue Service PROPOSED RULES Income taxes: Reportable transactions disclosure requirements; American Jobs Creation Act modifications; cross-reference; public hearing, 7360-7361 E7-2590 E7-2615 Procedure and administration:

Reportable transactions; disclosure by material advisors; American Jobs Creation Act modifications; hearing, 7360-7361 E7-2634 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-2595 7506-7512 E7-2598 E7-2599 E7-2600 E7-2601 E7-2607 E7-2609 E7-2611 E7-2626 Committees; establishment, renewal, termination, etc.: Taxpayer Advocacy Panels, 7512 E7-2592 Meetings: Taxpayer Advocacy Panels, 7512-7513 E7-2594 International International Trade Administration NOTICES Antidumping:

Brake rotors from— China, 7405-7417 07-713 Polyethylene retail carrier bags from— China, 7417 E7-2684 International International Trade Commission NOTICES Import investigations: Apparel goods from— Costa Rica and Dominican Republic, 7455-7456 E7-2604 Baseband processor chips and chipsets, transmitter and receiver (radio) chips, power control chips, and products; public hearing, 7456-7457 E7-2593 Nand flash memory devices and components, and products containing same, 7457-7458 E7-2605 Sodium hexametaphosphate from— China, 7458-7459 E7-2676 Justice Justice Department NOTICES Pollution control; consent judgments:

Agrium U.S. Inc., et al., 7459 07-688 American Cyanamid Co., et al., 7460 07-686 City of New York, 7460 07-687 USX Corp., et al., 7460-7461 07-684 Zeneca, Inc., et al., 7461 07-685 Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration See Veterans Employment and Training Service Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Resource Advisory Councils— Alaska et al., 7453-7455 E7-2597 Environmental statements; record of decision:

Pit 14 Coal Lease-by-Application, WY, 7455 E7-2591 Survey plat filings: Eastern States, 7455 E7-2633 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA International Space Station Advisory Committee, 7477-7478 E7-2675 National Indian National Indian Gaming Commission PROPOSED RULES Indian Gaming Regulatory Act: Electronic, computer, or other technologic aids used with play of Class II games; technical standards; withdrawn, 7360 E7-2623 Electronic or electromechanical facsimile of games and electronic, computer, or other technologic aids;

Class II definitions; withdrawn, 7359-7360 E7-2621 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 7442-7443 E7-2636 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 7354 07-706 Pollock, 7353-7354 07-705 PROPOSED RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Bigeye and yellowfin tuna, 7385-7386 E7-2677 Marine mammals:

Sea turtle conservation— Atlantic trawl fisheries; turtle excluder devices requirements, 7382-7384 E7-2719 NOTICES Fishery conservation and management: Atlantic highly migratory species— Pelagic and bottom longline fishery; sea turtles release equipment; list, 7417-7418 E7-2686 Meetings: Oceans and Human Health Initiative Advisory Panel, 7418 07-699 Reports and guidance documents; availability, etc.: National Centers for Coastal Ocean Science; draft human dimensions strategic plan (2008-2013 FY), 7418-7419 07-690 Scientific research permit applications, determinations, etc., 7419-7423 E7-2688 E7-2689 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 7478 E7-2602 Environmental statements; availability, etc.:

Defense Logistics Agency, Defense National Stockpile Center Binghampton Depot, NY, 7478-7480 E7-2641 Meetings: Reactor Safeguards Advisory Committee, 7480-7482 E7-2603 E7-2620 E7-2622 E7-2669 Meetings; Sunshine Act, 7482 07-736 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 7464-7467 E7-2665 E7-2673 Meetings: Occupational Safety and Health Federal Advisory Council, 7467-7468 E7-2674 Nationally recognized testing laboratories, etc.:

Fee schedule, 7468-7476 E7-2661 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Benefits payable in terminated plans; interest assumptions for valuing and paying benefits, 7349-7351 E7-2653 NOTICES Multiemployer and single-employer plans: Interest rates and assumptions, 7482-7483 E7-2654 Personnel Personnel Management Office RULES Health benefits, Federal employees: Active duty members of military; FEHB coverage and premiums, 7345-7346 E7-2619 Postal Postal Regulatory Commission NOTICES Negotiated service agreements:

Bank of America Corp., 7483-7484 E7-2624 Rural Rural Business-Cooperative Service NOTICES Meetings: Rural Development Lenders Conference, 7402 E7-2618 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 7484-7486 E7-2613 E7-2614 E7-2629 Meetings; Sunshine Act, 07-725 7486-7487 07-726 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 7487-7488 E7-2608 Chicago Board Options Exchange, Inc., 7488-7490 E7-2610 E7-2612 NASDAQ Stock Market LLC, 7490-7496 E7-2664 SBA Small Business Administration NOTICES Disaster loan areas:

Oklahoma, 7496 E7-2657 E7-2659 State State Department NOTICES Grants and cooperative agreements; availability, etc.: International Sports Programming Initiative, 7496-7503 E7-2683 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 7443-7445 E7-2632 Surface Surface Transportation Board NOTICES Rail carriers: Control exemptions— BNSF Railway Co., 7506 E7-2440 E7-2443 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 7513 E7-2648 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Surface Transportation Board Transportation Transportation Security Administration PROPOSED RULES Rail transportation security; sensitive security information protection, 7376-7381 07-715 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 7449 E7-2652 Veterans Veterans Affairs Department NOTICES National cemeteries: Government-furnished graveliners; monetary allowance for private purchase of outer burial receptacles, 7513-7514 E7-2663 Veterans Veterans Employment and Training Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 7476-7477 E7-2582 Separate Parts In This Issue Part II Labor Department, Employee Benefits Security Administration, 7516-7524 07-597 Part III Transportation Department, Federal Transit Administration, 7526-7546 E7-2715 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 31 Thursday, February 15, 2007 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 890 RIN: 3206-AK98 FEHB Coverage and Premiums for Active Duty Members of the Military AGENCY: Office of Personnel Management. ACTION:

Final rule. SUMMARY: The Office of Personnel Management is issuing a final regulation to change the Federal Employee Health Benefits

(FEHB)Program regulations that govern continued coverage for employees who are called or ordered to serve in the uniformed services. These final regulations provide extended FEHB coverage for up to 24 months to Federal employees called or ordered to active duty and who meet certain requirements, including serving in support of a contingency operation. Those employees who are called or ordered to active duty in support of a contingency operation are also eligible for premium payments by their employing agency. The purpose of these final regulations is to authorize Federal agencies to continue health benefits coverage for up to 24 months for those employees called or ordered to active duty, with certain employees qualifying for agency premium contributions. EFFECTIVE DATE: The effective date of this final regulation is April 16, 2007. FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski, Policy Analyst, Insurance Policy, OPM, Room 3425, 1900 E Street NW., Washington, DC 20415-0001. Phone number: 202-606-0004. E-mail: *mwkaszy@opm.gov* . SUPPLEMENTARY INFORMATION: The National Defense Authorization Act for 2005 (Pub. L. 108-375 section 1101) amended FEHB law to provide up to 24 months of continued FEHB coverage for Federal employees who are called or ordered to active duty in support of a contingency operation (5 U.S.C. 8905a), and to authorize agencies to pay the employee's share and the Government's share of premiums for up to 24 months (5 U.S.C. 8906(e)(3)). The Act provides that this enhanced benefit is available for any employee who:

(1)Is enrolled in the FEHB Program;

(2)Is a member of a reserve component of the armed forces;

(3)Is called or ordered to active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10 U.S.C.);

(4)Is placed on leave without pay or separated from service to perform active duty; and

(5)Serves on active duty for more than 30 consecutive days. The expanded authority for agency premium payments authorized by Public Law 108-375 is a valuable benefit that helps reservists and their families shoulder the cost of health care during a time when they need it most. Public Law 108-454, the Veterans' Benefits Improvement Act of 2004, was enacted December 10, 2004. Section 201 of Public Law 108-454 amended 38 U.S.C. 4317(a)(1)(A) to extend from 18 to 24 months the length of an employee's health insurance coverage when the employee is absent because of service in the uniformed services. For FEHB purposes, this law applies to employees who are called to active duty but do not meet all the requirements of Public Law 108-375. Generally, these employees have orders that do not show that they are called to active duty in support of a contingency operation. As before, they do not meet the requirements of FEHB law for agency premium payment during active duty. This final regulation's purpose is to place into rulemaking the requirements of Public Law 108-375 and Public Law 108-454. On June 20, 2006, the Office of Personnel Management

(OPM)published a proposed regulation in the **Federal Register** at 71 FR 35397. OPM received comments from a Federal agency and an employee union in response to the proposed regulation. The Federal agency pointed out that 5 U.S.C. 8905a now allows the 24 months of continued coverage to begin on the date that the employee is placed on leave without pay or separated from service to perform active duty in the uniformed services. We agree that the law now further defines when the 24 months of continued coverage begins so we have made an appropriate revision to the regulation. The agency also asked that we clarify section 890.502(f)(2) of the regulation to show that agency payment of the Government and employee contributions and any additional administrative expenses is only authorized while the employee is on orders to serve in a contingency operation and that these contributions will cease when the employee is no longer serving in support of a contingency operation. We have revised the regulation to make this clarification. A comment made by an employee union states that the regulation should authorize eligibility for continued, fully subsidized FEHB coverage for the entire length of a Federal employee's deployment in the unformed services. While we would like to offer as much support as possible to those in the uniformed services, the laws upon which our regulation is based only authorize us to offer employees up to 24 months of subsidized coverage, at the agency's discretion, while serving in support of a contingency operation in the uniformed services. As a matter of law, the benefits provided for in our regulation cannot exceed those authorized by legislation (Pub. L. 108-375 and 108-454). Regulatory Flexibility Act I certify that this final regulation will not have a significant economic impact on a substantial number of small entities because the regulation affects only health insurance carriers under the Federal Employees Health Benefits Program. Executive Order 12866, Regulatory Review This regulation has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 5 CFR Part 890 Administrative practice and procedure, Government employees, Health facilities, Health insurance, Health professionals, Hostages, Iraq, Kuwait, Lebanon, Military personnel, Reporting and recordkeeping requirements, Retirement. Office of Personnel Management. Linda M. Springer, Director. For the reasons set forth in the preamble, OPM is amending 5 CFR part 890 as follows: PART 890—FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM 1. The authority citation for part 890 continues to read as follows: Authority: 5 U.S.C. 8913; § 890.803 also issued under 50 U.S.C. 403p, 22 U.S.C. 4069c and 4069c-1; subpart L also issued under section 599C of Pub. L. 101-513, 104 Stat. 2064, as amended; § 890.102 also issued under sections 11202(f), 11232(e), 11246

(b)and

(c)of Pub. L. 105-33, 111 Stat. 251; and section 721 of Pub. L. 105-261, 112 Stat. 2061, unless otherwise noted. 2. Section 890.303 paragraph

(i)is revised to read as follows: § 890.303 Continuation of enrollment.

(i)Service in the uniformed services.

(1)The enrollment of an individual who separates, enters military furlough, or is placed in nonpay status to serve in the uniformed services under conditions that entitle him or her to benefits under part 353 of this chapter, or similar authority, may continue for the 24-month period beginning on the date that the employee is placed on leave without pay or separated from service to perform active duty in the uniformed services, provided that the individual continues to be entitled to benefits under part 353 of this chapter, or similar authority. As provided for by 5 U.S.C. 8905(a), the continuation of enrollment for up to 24 months applies to employees called or ordered to active duty in support of a contingency operation on or after September 14, 2001. The enrollment of an employee who met the requirements of chapter 43 of title 38, United States Code, on or after December 10, 2004, may continue for the 24-month period beginning on the date that the employee is placed on leave without pay or separated from service to perform active duty in the uniformed services, provided that the employee continues to be entitled to continued coverage under part 353 of this chapter, or similar authority.

(2)An employee in nonpay status is entitled to continued coverage under paragraph

(e)of this section if the employee's entitlement to benefits under part 353 of this chapter, or similar authority, ends before the expiration of 365 days in nonpay status.

(3)If the enrollment of an employee had terminated due to the expiration of 365 days in nonpay status or because of the employee's separation from service, it may be reinstated for the remainder of the 24-month period beginning on the date that the employee is placed on leave without pay or separated from service to perform active duty in the uniformed services, provided that the employee continues to be entitled to continued coverage under part 353 of this chapter, or similar authority. 3. Section 890.304 paragraphs (a)(1)(vii) and (a)(1)(viii) are revised to read as follows: § 890.304 Termination of enrollment.

(a)* * *

(1)* * *

(vii)For an employee who separates to serve in the uniformed services under conditions entitling him or her to benefits under part 353 of this chapter, or similar authority, for the purpose of performing duty not limited to 30 days or less, the date that is 24 months after the date that the employee is placed on leave without pay or separated from service to perform active duty in the uniformed services, or the date entitlement to benefits under part 353 of this chapter, or similar authority, ends, whichever is earlier, unless the enrollment is terminated under paragraph (a)(1)(vi) of this section.

(viii)For an employee who is furloughed or placed on leave of absence under conditions entitling him or her to benefits under part 353 of this chapter, or similar authority, the date that is 24 months after the date that the employee is placed on leave without pay or separated from service to perform active duty to serve in the uniformed services, or the date entitlement to benefits under part 353 of this chapter, or similar authority, ends, whichever is earlier, but not earlier than the date the enrollment would otherwise terminate under paragraph (a)(1)(v) of this section. 4. Section 890.502 paragraph

(f)is revised to read as follows: § 890.502 Employee withholdings and contributions.

(f)Uniformed services.

(1)Except as provided in paragraph (f)(2) of this section, an employee whose coverage continues under § 890.303(i) is responsible for payment of the employee share of the cost of enrollment for every pay period for which the enrollment continues for the first 365 days of continued coverage as set forth under paragraph

(b)of this section. For coverage that continues after 365 days in nonpay status, the employee must pay, on a current basis, the full subscription charge, including both the employee and Government shares, plus an additional 2 percent of the full subscription charge.

(2)As provided by 5 U.S.C. 8906(e)(3), an employing agency may pay both the Government and employee contributions and any additional administrative expenses for the cost of coverage for the employee and the employee's family for a period of 24 months for employees called or ordered to active duty in support of a contingency operation on or after September 14, 2001. The payment of Government and employee contributions and any additional administrative expenses authorized by this section only applies to employees while they are serving in support of a contingency operation, and eligibility for these payments terminates when the employee ceases to be on orders for a contingency operation. Payment of these contributions and expenses is solely at the discretion of the employing agency. [FR Doc. E7-2619 Filed 2-14-07; 8:45 am] BILLING CODE 6325-39-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 1, 121 and 135 [Docket No. FAA-2002-6717; Amendment Nos. 1-55, 121-329, 135-108] RIN 2120-AI03 Extended Operations (ETOPS) of Multi-Engine Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. SUMMARY: The Federal Aviation Administration is correcting a final rule published in the **Federal Register** on January 16, 2007 (72 FR 1808). That final rule applied to air carrier (part 121), commuter, and on-demand (part 135) turbine powered multi-engine airplanes used in passenger-carrying, and some all-cargo, extended-range operations. This amendment corrects the rule language applicable to dual maintenance and formatting of a Part 1 definition and section of Appendix G. None of these changes is substantive, but will clarify the FAA's intent of the final rule for the public. DATES: These amendments become effective February 15, 2007. FOR FURTHER INFORMATION CONTACT: For technical information on operational issues, contact Robert Reich, Flight Standards Service, Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC 20591; telephone

(202)267-8166; facsimile

(202)267-5229; e-mail *Robert.Reich@faa.gov* . For technical information on certification issues, contact Steve Clark, Transport Airplane Directorate, ANM-140S, 1601 Lind Ave., Renton, WA 98055; telephone

(425)917-6496; facsimile

(425)917-6590; e-mail *Steven.P.Clark@FAA.gov* . For legal information, contact Bruce Glendening, Office of the Chief Counsel, Division of Regulations, Federal Aviation Administration, 800 Independence Avenue, Washington, DC 20591; telephone

(202)267-3073; facsimile

(202)267-7971; e-mail *Bruce.Glendening@faa.gov* . SUPPLEMENTARY INFORMATION: The final rule, Extended Operations (ETOPS) of Multi-engine Airplanes, applied to air carrier (part 121), commuter, and on-demand (part 135) turbine powered multi-engine airplanes used in passenger-carrying, extended-range operations. (January 16, 2007; 72 FR 1808) All-cargo operations in airplanes with more than two engines of both part 121 and part 135 were exempted from the majority of this rule. The rule established regulations governing the design, operation and maintenance of certain airplanes operated on flights that fly long distances from an adequate airport. It codified current FAA policy, industry best practices and recommendations, as well as international standards designed to ensure long-range flights will continue to operate safely. To ease the transition for current operators, the rule included delayed compliance dates for certain ETOPS requirements. Need for the Correction Following publication of the final rule, it was brought to the attention of the FAA that the original intent of the concept of “dual maintenance” in the final rule did not codify existing FAA ETOPS guidance as published in the notice of proposed rulemaking. This amendment clarifies that language in 14 CFR 121.374. The concept of “dual maintenance” was set out in the preamble to the NPRM: “(2) Dual Maintenance Dual maintenance is a concept relating to repetition of maintenance errors on redundant systems. There have been instances of a single mechanic repeating a maintenance error on multiple systems. An example of dual maintenance error is failing to install o-rings on engine oil or fuel components on multiple engines. Establishing procedures to avoid dual maintenance can minimize the probability of such errors. The use of two or more mechanics reduces the risk of this type of error. Routine tasks on multiple similar elements, such as oil and fuel filter changes, should never be scheduled and assigned on the same maintenance visit. However, the FAA is aware that under some limited circumstances, dual maintenance may be unavoidable. For instance, a pilot's report of a discrepancy on an ETOPS significant system may require maintenance on one engine at the same time as a scheduled maintenance event for the other engine. In such cases, the certificate holder must establish and follow procedures to mitigate the risk of a common cause human error.” The final rule, however, would appear to go beyond this concept and prohibit the maintenance of more than one ETOPS Significant System during a single maintenance visit. In the final rule, 14 CFR 121.374

(c)read: “(c) Limitations on dual maintenance.

(1)Except as specified in paragraph (c)(2), the certificate holder may not perform scheduled or unscheduled maintenance during the same maintenance visit on more than one ETOPS Significant System listed in the ETOPS maintenance document, if the improper maintenance could result in the failure of an ETOPS Significant System.

(2)In the event an unforeseen circumstance prevents the certificate holder from complying with paragraph (c)(1) of this section, the certificate holder may perform maintenance on more than one ETOPS Significant System provided:

(i)The maintenance action on each ETOPS Significant System is performed by a different technician, or

(ii)The maintenance action on each ETOPS Significant System is performed by the same technician under the direct supervision of a second qualified individual; and

(iii)For either paragraph (c)(2)(i) or

(ii)of this section, a qualified individual conducts a ground verification test and any in-flight verification test required under the program developed pursuant to paragraph

(d)of this section.” As written, a certificate holder would be forced to schedule a separate maintenance visit for each ETOPS significant system; moreover, scheduled maintenance would not qualify as an “unforeseen circumstance” in paragraph (2). The FAA finds that the intent of dual maintenance is clarified by writing 14 CFR 121.374

(c)as: “(c) *Limitations on dual maintenance.*

(1)Except as specified in paragraph (c)(2), the certificate holder may not perform scheduled or unscheduled dual maintenance during the same maintenance visit on the same or a substantially similar ETOPS Significant System listed in the ETOPS maintenance document, if the improper maintenance could result in the failure of an ETOPS Significant System.

(2)In the event dual maintenance as defined in paragraph (c)(1) of this section can not be avoided, the certificate holder may perform maintenance provided:

(i)The maintenance action on each affected ETOPS Significant System is performed by a different technician, or

(ii)The maintenance action on each affected ETOPS Significant System is performed by the same technician under the direct supervision of a second qualified individual; and

(iii)For either paragraph (c)(2)(i) or

(ii)of this section, a qualified individual conducts a ground verification test and any in-flight verification test required under the program developed pursuant to paragraph

(d)of this section.” Additionally, in Part 1, Definitions, the FAA corrects the definition of Extended operation (ETOPS) to add commas to avoid misinterpretation. Also, we correct the numbering of section G135.2.7 in Appendix G in Part 135. Corrections Part 1—Commas inserted in the definition of ETOPS in section 1.1 to avoid misinterpretation. Part 121—Section 121.374

(c)is re-written to clarify restrictions on dual maintenance. Part 135—Section G135.2.7 is re-numbered correctly. List of Subjects 14 CFR Parts 1 and 121 Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, Drug testing, Reporting and recordkeeping requirements, Safety, Transportation. 14 CFR Part 135 Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug abuse, Drug testing, Reporting and recordkeeping requirements. The Amendment Accordingly, the Federal Aviation Administration amends 14 CFR parts 1, 121, and 135 as follows: PART 1—DEFINITIONS AND ABBREVIATIONS 1. The authority citation for part 1 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. 2. In § 1.1, revise the following definition, in alphabetical order, to read as follows: § 1.1 General definitions. *Extended Operations (ETOPS)* means an airplane flight operation, other than an all-cargo operation in an airplane with more than two engines, during which a portion of the flight is conducted beyond a time threshold identified in part 121 or part 135 of this chapter that is determined using an approved one-engine-inoperative cruise speed under standard atmospheric conditions in still air. PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 3. The authority citation for part 121 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 44912, 45101-45105, 46105, 46301. 4. In § 121.374, revise paragraph

(c)to read as follows:

(c)*Limitations on dual maintenance.*

(2)In the event dual maintenance as defined in paragraph (c)(1) of this section cannot be avoided, the certificate holder may perform maintenance provided:

(i)The maintenance action on each affected ETOPS Significant System is performed by a different technician, or

(ii)The maintenance action on each affected ETOPS Significant System is performed by the same technician under the direct supervision of a second qualified individual; and

(iii)For either paragraph (c)(2)(i) or

(ii)of this section, a qualified individual conducts a ground verification test and any in-flight verification test required under the program developed pursuant to paragraph

(d)of this section. PART 135—OPERATING REQUIREMENTS; COMMUTER AND ON DEMAND OPERATION AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 5. The authority citation for part 135 continues to read as follows: Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722. 6. In appendix G of part 135, revise section 135.2.7 to read as follows: Appendix G to Part 135—Extended Operations (ETOPS) G135.2.7 *Fuel Requirements.* No person may dispatch or release for flight an ETOPS flight unless, considering wind and other weather conditions expected, it has the fuel otherwise required by this part and enough fuel to satisfy each of the following requirements:

(a)*Fuel to fly to an ETOPS Alternate Airport.*

(1)Fuel to account for rapid decompression and engine failure. The airplane must carry the greater of the following amounts of fuel:

(i)Fuel sufficient to fly to an ETOPS Alternate Airport assuming a rapid decompression at the most critical point followed by descent to a safe altitude in compliance with the oxygen supply requirements of § 135.157;

(ii)Fuel sufficient to fly to an ETOPS Alternate Airport (at the one-engine-inoperative cruise speed under standard conditions in still air) assuming a rapid decompression and a simultaneous engine failure at the most critical point followed by descent to a safe altitude in compliance with the oxygen requirements of § 135.157; or

(iii)Fuel sufficient to fly to an ETOPS Alternate Airport (at the one-engine-inoperative cruise speed under standard conditions in still air) assuming an engine failure at the most critical point followed by descent to the one engine inoperative cruise altitude.

(2)Fuel to account for errors in wind forecasting. In calculating the amount of fuel required by paragraph G135.2.7(a)(1) of this appendix, the certificate holder must increase the actual forecast wind speed by 5% (resulting in an increase in headwind or a decrease in tailwind) to account for any potential errors in wind forecasting. If a certificate holder is not using the actual forecast wind based on a wind model accepted by the FAA, the airplane must carry additional fuel equal to 5% of the fuel required by paragraph G135.2.7(a) of this appendix, as reserve fuel to allow for errors in wind data.

(3)Fuel to account for icing. In calculating the amount of fuel required by paragraph G135.2.7(a)(1) of this appendix, (after completing the wind calculation in G135.2.7(a)(2) of this appendix), the certificate holder must ensure that the airplane carries the greater of the following amounts of fuel in anticipation of possible icing during the diversion:

(i)Fuel that would be burned as a result of airframe icing during 10 percent of the time icing is forecast (including the fuel used by engine and wing anti-ice during this period).

(ii)Fuel that would be used for engine anti-ice, and if appropriate wing anti-ice, for the entire time during which icing is forecast.

(4)Fuel to account for engine deterioration. In calculating the amount of fuel required by paragraph G135.2.7(a)(1) of this appendix (after completing the wind calculation in paragraph G135.2.7(a)(2) of this appendix), the certificate holder must ensure the airplane also carries fuel equal to 5% of the fuel specified above, to account for deterioration in cruise fuel burn performance unless the certificate holder has a program to monitor airplane in-service deterioration to cruise fuel burn performance.

(b)*Fuel to account for holding, approach, and landing.* In addition to the fuel required by paragraph G135.2.7

(a)of this appendix, the airplane must carry fuel sufficient to hold at 1500 feet above field elevation for 15 minutes upon reaching the ETOPS Alternate Airport and then conduct an instrument approach and land.

(c)*Fuel to account for APU use.* If an APU is a required power source, the certificate holder must account for its fuel consumption during the appropriate phases of flight. Issued in Washington, DC on February 9, 2007. Rebecca MacPherson, Assistant Chief Counsel, Regulations Division. [FR Doc. 07-704 Filed 2-12-07; 3:52 pm]

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