Rules and Regulations. Notice of proposed rulemaking (NPRM)
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/register/2007/02/15/07-715A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3510-22-S 72 31 Thursday, February 15, 2007 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26488; Directorate Identifier 2006-NE-43-AD] RIN 2120-AA64 Airworthiness Directives; General Electric Company
(GE)CF6-80 Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)for GE CF6-80 series turbofan engines having fuel shroud retaining snap rings, part number (P/N) J204P0084, installed. This proposed AD would require replacing those snap rings with a more robust design snap ring. This proposed AD results from two events of external engine fuel leakage and a subsequent under-cowl engine fire. We are proposing this AD to prevent an under-cowl engine fire and damage to the airplane during a high engine vibration event. DATES: We must receive any comments on this proposed AD by April 16, 2007. ADDRESSES: Use one of the following addresses to comment on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Fax:*
(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You can get the service information identified in this proposed AD from General Electric Company via Lockheed Martin Technology Services, 10525 Chester Road, Suite C, Cincinnati, Ohio 45215, telephone
(513)672-8400, fax
(513)672-8422. You may examine the comments on this proposed AD in the AD docket on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone:
(781)238-7176, fax:
(781)238-7199. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send us any written relevant data, views, or arguments regarding this proposal. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2006-26488; Directorate Identifier 2006-NE-43-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of the DOT Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov.* Examining the AD Docket You may examine the docket that contains the proposal, any comments received and, any final disposition in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone
(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the Docket Management Facility receives them. Discussion In October 2002 and December 2005, in two CF6-80 series turbofan engine events, a fuel manifold broke due to high engine vibration. The resulting manifold break causes a condition where the leaking fuel pressure overcomes the restraining capability of the fuel shroud retaining snap ring. The fuel pressure forces the broken fuel manifold past the sealing capability of the fuel shroud. This leads to the fuel manifold unseating from the fuel shroud, causing external engine fuel leakage and a subsequent under-cowl engine fire. This condition, if not corrected, could result in under-cowl engine fires and damage to the airplane during a high engine vibration event. Relevant Service Information We have reviewed and approved the technical contents of GE Service Bulletin
(SB)No. CF6-80C2 S/B 73-0337, Revision 3, dated February 5, 2007, and GE SB No. CF6-80E1 S/B 73-0075, Revision 1, dated November 27, 2006. These SBs describe procedures for replacing fuel shroud retaining snap rings, P/N J204P0084, with a more robust design fuel shroud snap ring, P/N 2186M12P01 designed to withstand fuel pressure from broken fuel manifolds. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design. We are proposing this AD, which would require replacing fuel shroud retaining snap rings, P/N J204P0084, with fuel shroud retaining snap rings, P/N 2186M12P01. The proposed AD would require you to use the service information described previously to perform these actions. Costs of Compliance We estimate that this proposed AD would affect 853 CF6-80 series turbofan engines installed on airplanes of U.S. registry. We also estimate that it would take about 12.5 work-hours per engine to perform the proposed actions, and that the average labor rate is $80 per work-hour. Required parts would cost about $72 per engine. Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $914,416. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed 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. Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **General Electric Company:** Docket No. FAA-2006-26488; Directorate Identifier 2006-NE-43-AD. Comments Due Date
(a)The Federal Aviation Administration
(FAA)must receive comments on this airworthiness directive
(AD)action by April 16, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to the following General Electric Company
(GE)turbofan engines having one or more fuel shroud retaining snap rings, part number (P/N) J204P0084, installed: CF6-80C2A1 CF6-80C2B1F CF6-80C2A2 CF6-80C2B2F CF6-80C2A3 CF6-80C2B4F CF6-80C2A5 CF6-80C2B5F CF6-80C2A8 CF6-80C2B6F CF6-80C2A5F CF6-80C2B6FA CF6-80C2B1 CF6-80C2B7F CF6-80C2B2 CF6-80C2B8F CF6-80C2B4 CF6-80C2D1F CF6-80C2B6 CF6-80C2L1F
(d)This AD also applies to GE CF6-80E1A1, CF6-80E1A2, CF6-80E1A3, CF6-80E1A4, and CF6-80E1A4B turbofan engines that have incorporated GE Service Bulletin
(SB)No. CF6-80E1 S/B 73-0026, having one or more fuel shroud retaining snap rings, P/N J204P0084, installed.
(e)These engines are installed on, but not limited to, Airbus A300, A310, A330, Boeing 747, 767, and McDonnell Douglas MD11 airplanes. Unsafe Condition
(f)This AD results from two events of external engine fuel leakage and a subsequent under-cowl engine fire. We are issuing this AD to prevent an under-cowl engine fire and damage to the airplane during a high engine vibration event. Compliance
(g)You are responsible for having the actions required by this AD performed at the applicable time specified in the following Table 1 compliance schedule, unless the actions have already been done. Table 1.—Compliance Schedule If: Then: The engine is listed in paragraph
(c)of this AD, and has incorporated GE SB No. CF6-80C2 S/B 73-0253 (which eliminates the fuel drain system manifold and introduces a new drainless fuel manifold) Comply with this AD at the next engine shop visit for any reason after the effective date of this AD. The engine is listed in paragraph
(c)of this AD, and has not incorporated GE SB No. CF6-80C2 S/B 73-0253 Comply with this AD as soon as one or more fuel shroud retaining snap rings are removed from the engine. The engine is listed in paragraph
(d)of this AD, and has not incorporated GE SB No. CF6-80E1 S/B 73-0026 (which eliminates the fuel drain system manifold and introduces a new drainless fuel manifold) Then no action is required. The engine is listed in paragraph
(d)of this AD, and has incorporated GE SB No. CF6-80E1 S/B 73-0026 Comply with this AD at the next engine shop visit for any reason after the effective date of this AD. Replacement of Fuel Shroud Retaining Snap Rings
(h)Replace any fuel shroud retaining snap rings, P/N J204P0084, with a fuel shroud retaining snap ring, P/N 2186M12P01. Each engine has a total of 30 snap rings installed.
(i)For CF6-80C2 series engines, use paragraphs 3.A. through 3.C.(1)(b)2, of GE SB No. CF6-80C2 S/B 73-0337, Revision 3, dated February 5, 2007, to do the replacements.
(j)For CF6-80E1 series engines, use paragraphs 3.A. through 3.C.(1)(b)2, of GE SB No. CF6-80E1 S/B 73-0075, Revision 1, dated November 27, 2006, to do the replacements. Alternative Methods of Compliance
(k)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information
(l)Contact James Lawrence, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone
(781)238-7176; fax
(781)238-7199; e-mail: *james.lawrence@faa.gov* for more information about this AD. Issued in Burlington, Massachusetts, on February 9, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-2625 Filed 2-14-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27258; Directorate Identifier 2006-NM-213-AD] RIN 2120-AA64 Airworthiness Directives; Cessna Model 500, 501, 550, 551, S550, 560, 560XL, and 750 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to supersede an existing airworthiness directive
(AD)that applies to certain Cessna Model 500, 550, S550, 560, 560XL, and 750 airplanes. The existing AD currently requires installing identification sleeves on the wires for the positive and negative terminal studs of the engine and/or auxiliary power unit
(APU)fire extinguishing bottles, as applicable, and re-connecting the wires to the correct terminal studs. This proposed AD would retain the requirements of the existing AD; add airplanes to the applicability; and, for certain airplanes only, require a review of wiring changes made using the original issue of one service bulletin and corrective actions if necessary. This proposed AD results from a determination that additional airplanes are subject to the unsafe condition described in the existing AD. We are proposing this AD to ensure that the fire extinguishing bottles are activated in the event of an engine or APU fire, and that flammable fluids are not supplied during a fire, which could result in an unextinguished fire in the nacelle or APU. DATES: We must receive comments on this proposed AD by April 2, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • *Fax:*
(202)493-2251. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Cessna Aircraft Co., P.O. Box 7706, Wichita, Kansas 67277, for service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Trenton Shepherd, Mechanical Systems and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone
(316)946-4143; fax
(316)946-4107. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “Docket No. 2007-27258; Directorate Identifier 2006-NM-213-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or visit *http://dms.dot.gov* . Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion On February 7, 2006, we issued AD 2006-04-10, amendment 39-14491 (71 FR 8443, February 17, 2006), for certain Cessna Model 500, 550, S550, 560, 560XL, and 750 airplanes. That AD requires installing identification sleeves on the wires for the positive and negative terminal studs of the engine and/or auxiliary power unit
(APU)fire extinguishing bottles, as applicable, and re-connecting the wires to the correct terminal studs. That AD resulted from a report of mis-wired fire extinguishing bottles. We issued that AD to ensure that the fire extinguishing bottles are activated in the event of an engine or APU fire, and that flammable fluids are not supplied during a fire, which could result in an unextinguished fire in the nacelle or APU. Actions Since Existing AD Was Issued Since we issued AD 2006-04-10, we have determined that two affected airplane models, Models 501 and 551, were not included in the applicability of that AD. Model 501 and 551 airplanes could be subject to the same unsafe condition as other airplanes subject to AD 2006-04-10; therefore, we have added those airplanes to the applicability of this proposed AD. We have also determined that, as written, Cessna Service Bulletin SB500-26-02, dated April 1, 2005, would not entirely correct the unsafe condition. Therefore, any actions done using the original issue of the service bulletin would not be considered acceptable for compliance with the requirements of this proposed AD, unless the actions are confirmed to be in accordance with Revision 1 of the service bulletin, as described below. Relevant Service Information We have reviewed Cessna Service Bulletin SB500-26-02, Revision 1, dated July 7, 2005, including Service Bulletin Supplemental Data, dated April 1, 2005, which clarifies and corrects certain instructions and wiring references in the text and Figure 1 of the original issue of the service bulletin. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to develop on other airplanes of the same type design. For this reason, we are proposing this AD, which would retain the requirements of AD 2006-04-10; add airplanes to the applicability; and, for certain airplanes only, require a review of wiring changes made using Cessna Service Bulletin SB500-26-02, dated April 1, 2005. This proposed AD would require accomplishing the actions described previously, except as discussed under “Difference Between the Proposed AD and Service Bulletins.” Difference Between the Proposed AD and Service Bulletins Operators should note that, although the Accomplishment Instructions of the referenced service bulletins describe procedures for submitting a maintenance transaction report to the manufacturer, this proposed AD would not require that action. Costs of Compliance There are about 3,801 airplanes of the affected design in the worldwide fleet, including about 3,071 airplanes of U.S. Registry. The following table provides the estimated costs for U.S. operators to comply with this proposed AD, at an average labor rate of $80 per work hour. Estimated Costs Cessna Model Action Work hours Parts Cost per airplane Number of U.S.- registered airplanes Fleet cost 500, 550, S550, and 560 airplanes (action required by AD 2006-04-10) Re-identify and reconnect wires 3 $50 $290 1,827 $529,830 560XL airplanes (action required by AD 2006-04-10) Re-identify and reconnect wires 4 100 420 331 139,020 750 airplanes (action required by AD 2006-04-10) Re-identify and reconnect wires 2 25 185 211 39,035 501 and 551 airplanes (action required by this proposed AD) Re-identify and reconnect wires 3 50 290 702 203,580 500 airplanes (action required by this proposed AD) Verify wiring changes 1 No parts required 80 195 15,600 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by removing amendment 39-14491 (71 FR 8443, February 17, 2006) and adding the following new airworthiness directive (AD): **Cessna Aircraft Company:** Docket No. 2007-27258; Directorate Identifier 2006-NM-213-AD. Comments Due Date
(a)The FAA must receive comments on this AD action by April 2, 2007. Affected ADs
(b)This AD supersedes AD 2006-04-10. Applicability
(c)This AD applies to Cessna Model 500, 501, 550, 551, S550, 560, 560XL, and 750 airplanes, certificated in any category; as identified in the service bulletins specified in Table 1 of this AD. Table 1.—Cessna Service Bulletins Cessna Service Bulletin Revision Date Cessna model SB500-26-02 1 July 7, 2005 500/501 airplanes. SB500-26-02 Original April 1, 2005 500/501 airplanes. SB550-26-05 Original April 1, 2005 550/551 airplanes. SB560-26-01 Original April 1, 2005 560 airplanes. SB560XL-26-02 1 December 22, 2004 560XL airplanes. SB750-26-05 Original November 24, 2004 750 airplanes. SBS550-26-02 Original April 1, 2005 S550 airplanes. Unsafe Condition
(d)This AD results from a report of mis-wired fire extinguishing bottles. We are issuing this AD to ensure that the fire extinguishing bottles are activated in the event of an engine or auxiliary power unit
(APU)fire, and that flammable fluids are not supplied during a fire, which could result in an unextinguished fire in the nacelle or APU. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Requirements of AD 2006-04-10 Installation
(f)For Model 500, 550, S550, 560, 560XL, and 750 airplanes: Within 100 flight hours or 60 days after March 24, 2006 (the effective date of AD 2006-04-10), whichever occurs first, install identification sleeves on the wires for the positive and negative terminal studs of the applicable fire extinguishing bottles identified in paragraphs (f)(1), (f)(2), and (f)(3) of this AD; re-connect the wires to the correct studs; test the connection; and re-connect the wires again as applicable until the connection tests correctly. Do all actions in accordance with the Accomplishment Instructions of the applicable service bulletin identified in Table 1 of this AD; except that, for Model 500 airplanes, Cessna Service Bulletin SB500-26-02, Revision 1, dated July 7, 2005 may be used. After the effective date of this AD, only Cessna Service Bulletin SB500-26-02, Revision 1, may be used to accomplish the requirements of this paragraph for Model 500 airplanes.
(1)For Cessna Model 500, 550, S550, and 560 airplanes: The engine fire extinguishing bottles.
(2)For Cessna Model 560XL airplanes: The engine and the APU fire extinguishing bottles.
(3)For Cessna Model 750 airplanes: The APU fire extinguishing bottle. Actions Accomplished in Accordance With Earlier Revision of Service Bulletin
(g)For Model 560XL airplanes: Actions done before March 24, 2006, in accordance with the Accomplishment Instructions of Cessna Service Bulletin SB560XL-26-02, dated November 22, 2004, are acceptable for compliance with the corresponding actions in this AD. New Requirements of This AD Actions for Additional Airplane Models
(h)For Model 501 and 551 airplanes: Within 100 flight hours or 60 days after the effective date of this AD, whichever occurs first, do the actions required by paragraph
(f)of this AD for the engine fire extinguishing bottles in accordance with Cessna Service Bulletin SB500-26-02, Revision 1, dated July 7, 2005, or Cessna Service Bulletin SB550-26-05, dated April 1, 2005; as applicable. Verification of Actions Accomplished Using Original Issue of Service Bulletin
(i)For Model 500 airplanes on which the actions specified in Cessna Service Bulletin SB500-26-02, dated April 1, 2005, have been done before the effective date of this AD: Within 100 flight hours or 60 days after the effective date of this AD, whichever occurs first, verify that wiring changes previously done in accordance with Cessna Service Bulletin SB500-26-02, dated April 1, 2005, conform to the changes described in Cessna Service Bulletin SB500-26-02, Revision 1, dated July 7, 2005; and, if any non-conforming wiring changes are discovered, before further flight, correct the wiring changes as applicable to conform to the changes described in Cessna Service Bulletin SB500-26-02, Revision 1, dated July 7, 2005. No Reporting Requirement
(j)Although the Accomplishment Instructions of the service bulletins identified in Table 1 of this AD describe procedures for submitting a maintenance transaction report to the manufacturer, this AD does not require that action. Parts Installation
(k)At the applicable time specified in paragraph (k)(1) or (k)(2) of this AD, no person may install on any airplane a fire extinguishing bottle unless identification sleeves on the wires for the positive and negative terminal studs have been installed in accordance with paragraph
(f)or
(h)of this AD, as applicable.
(1)For Model 500, 550, S550, 560, 560XL, and 750 airplanes: After March 24, 2006.
(2)For Model 501 and 551 airplanes: After the effective date of this AD. Alternative Methods of Compliance (AMOCs) (l)(1) The Manager, Wichita Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Issued in Renton, Washington, on February 8, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-2628 Filed 2-14-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Parts 502 and 546 Class II Definitions and Game Classification Standards; Withdrawal AGENCY: National Indian Gaming Commission. ACTION: Notice of withdrawal of proposed regulations. SUMMARY: The purpose of this document is to notify the public that the National Indian Gaming Commission is withdrawing the proposed regulations published in the **Federal Register** on May 25, 2006 (71 FR 30232, 71 FR 30238). FOR FURTHER INFORMATION CONTACT: John Hay at 202/632-7003; fax 202/632-7066 (these are not toll-free numbers). SUPPLEMENTARY INFORMATION: Congress established the National Indian Gaming Commission (NIGC or Commission) under the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2701 *et seq.* )
(IGRA)to regulate gaming on Indian lands. On May 25, 2006, proposed Class II definitions and game classification standards were published in the **Federal Register** (71 FR 30232, 71 FR 30238). After receiving extensive comment, and after many consultations with tribal governments and tribal regulators, the Commission anticipates significant revisions to any proposed rule. As such, the Commission has decided to withdraw the current proposed rule and may publish a new proposed rule at a later date. Dated: February 9, 2007. Philip N. Hogen, Chairman, National Indian Gaming Commission. [FR Doc. E7-2621 Filed 2-14-07; 8:45 am] BILLING CODE 7565-01-P DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Part 547 Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games; Withdrawal AGENCY: National Indian Gaming Commission, Interior. ACTION: Notice of withdrawal of proposed rule. SUMMARY: This is to notify the public that the National Indian Gaming Commission is withdrawing the proposed rule published in the **Federal Register** on August 11, 2006. (71 FR 46335.) FOR FURTHER INFORMATION CONTACT: Michael Gross at 202/632-7003; fax 202/632-7066 (these are not toll-free numbers). SUPPLEMENTARY INFORMATION: Congress established the National Indian Gaming Commission (Commission) under the Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 *et seq.* , to regulate gaming on Indian lands. On August 11, 2006, the Commission published a proposed rule, “Technical Standards for Electronic, Computer, or other Technologic Aids Used in the Play of Class II Games.” (71 FR 46335). After receiving extensive comment, and after many consultations with tribal governments and tribal regulators, the Commission anticipates significant revisions to any proposed rule. As such, the Commission has decided to withdraw the current proposed rule and may publish a new proposed rule at a later date. Dated: February 9, 2007. Philip N. Hogen, Chairman, National Indian Gaming Commission. [FR Doc. E7-2623 Filed 2-14-07; 8:45 am] BILLING CODE 7565-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1, 20, 25, 31, 53, 54, and 56 [REG-103038-05] RIN 1545-BE24 AJCA Modifications to the Section 6011 Regulations AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of public hearing on proposed rulemaking. SUMMARY: This document provides notice of public hearing on proposed rulemaking relating to the disclosure of reportable transactions under section 6011. DATES: The public hearing is being held on Tuesday, March 20, 2007, at 10 a.m. The IRS must receive outlines of the topics to be discussed at the public hearing by March 6, 2007. ADDRESSES: The public hearing is being held in the IRS Auditorium, Internal Revenue Service Building, 1111 Constitution Avenue, NW., Washington, DC 20224. Due to building security procedures, visitors must enter at the Constitution Avenue entrance. In addition, all visitors must present photo identification to enter the building. Mail outlines to CC:PA:LPD:PR (REG-103038-05), room 5205, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-103038-05), Couriers Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC or sent electronically via the Federal erulemaking Portal at *www.regulations.gov* (IRS-REG-103038-05). FOR FURTHER INFORMATION CONTACT: Concerning submissions of comments, the hearing and/or to be placed on the building access list to attend the hearing Kelly Banks at
(202)622-7180 (not a toll-free number). SUPPLEMENTARY INFORMATION: The subject of the public hearing is the notice of proposed rulemaking (REG-103038-05) that was published in the **Federal Register** on Thursday, November 2, 2006 (71 FR 64488). The rules of 26 CFR 601.601(a)(3) apply to the hearing. A period of 10 minutes is allotted to each person for presenting oral comments. After the deadline has passed, persons who have submitted written comments and wish to present oral comments at the hearing must submit an outline of the topics to be discussed and the amount of time to be devoted to each topic (a signed original and eight copies) by March 6, 2007. The IRS will prepare an agenda containing the schedule of speakers. Copies of the agenda will be made available free of charge at the hearing. Because of access restrictions, the IRS will not admit visitors beyond the immediate entrance area more than 30 minutes before the hearing starts. For information about having your name placed on the building access list to attend the hearing, see the FOR FURTHER INFORMATION CONTACT section of this document. LaNita Van Dyke, Branch Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. E7-2590 Filed 2-14-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts, 20, 25, 31, 53, 54, and 56 [REG-103039-05] RIN 1545-BE26 AJCA Modifications to the Section 6111 Regulations AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of public hearing on proposed rulemaking. SUMMARY: This document provides notice of public hearing on proposed rulemaking relating to the disclosure of reportable transactions by material advisors under section 6111. DATES: The public hearing is being held on Tuesday, March 20, 2007, at 10 a.m. The IRS must receive outlines of the topics to be discussed at the public hearing by March 6, 2007. ADDRESSES: The public hearing is being held in the IRS Auditorium, Internal Revenue Service Building, 1111 Constitution Avenue, NW., Washington, DC 20224. Due to building security procedures, visitors must enter at the Constitution Avenue entrance. In addition, all visitors must present photo identification to enter the building. Mail outlines to CC:PA:LPD:PR (REG-103039-05), room 5205, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-103039-05), Couriers Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC or sent electronically via the Federal erulemaking Portal at *www.regulations.gov* (IRS-REG-103039-05). FOR FURTHER INFORMATION CONTACT: Concerning submissions of comments, the hearing and/or to be placed on the building access list to attend the hearing Kelly Banks at
(202)622-7180 (not a toll-free number). SUPPLEMENTARY INFORMATION: The subject of the public hearing is the notice of proposed rulemaking (REG-103039-05) that was published in the **Federal Register** on Thursday, November 2, 2006 (71 FR 64496). The notice also announced that a hearing will be scheduled if requested by the public in writing by January 31, 2007. The rules of 26 CFR 601.601 apply to the hearing. A period of 10 minutes is allotted to each person for presenting oral comments. After the deadline has passed, persons who have submitted written comments and wish to present oral comments at the hearing must submit an outline of the topics to be discussed and the amount of time to be devoted to each topic (a signed original and eight copies) by March 6, 2007. The IRS will prepare an agenda containing the schedule of speakers. Copies of the agenda will be made available free of charge at the hearing. Because of access restrictions, the IRS will not admit visitors beyond the immediate entrance area more than 30 minutes before the hearing starts. For information about having your name placed on the building access list to attend the hearing, see the FOR FURTHER INFORMATION CONTACT section of this document. LaNita Van Dyke, Branch Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. E7-2634 Filed 2-14-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [REG-103043-05] RIN 1545-BE28 AJCA Modifications to the Section 6112 Regulations AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of public hearing on proposed rulemaking. SUMMARY: This document provides notice of public hearing on proposed rulemaking relating to the obligation of material advisors to prepare and maintain lists with respect to reportable transactions under section 6112. DATES: The public hearing is being held on Tuesday, March 20, 2007, at 10 a.m. The IRS must receive outlines of the topics to be discussed at the public hearing by March 6, 2007. ADDRESSES: The public hearing is being held in the IRS Auditorium, Internal Revenue Service Building, 1111 Constitution Avenue, NW., Washington, DC 20224. Due to building security procedures, visitors must enter at the Constitution Avenue entrance. In addition, all visitors must present photo identification to enter the building. Mail outlines to CC:PA:LPD:PR (REG-103043-05), room 5205, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-103043-05), Couriers Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC or sent electronically via the Federal erulemaking Portal at *www.regulations.gov* (IRS-REG-103043-05). FOR FURTHER INFORMATION CONTACT: Concerning submissions of comments, the hearing and/or to be placed on the building access list to attend the hearing, Kelly Banks at
(202)622-7180 (not a toll-free number). SUPPLEMENTARY INFORMATION: The subject of the public hearing is the notice of proposed rulemaking (REG-103043-05) that was published in the **Federal Register** on Thursday, November 2, 2006 (71 FR 64501). The notice also announced that a hearing will be scheduled if requested by the public in writing by January 31, 2007. The rules of 26 CFR 601.601 apply to the hearing. A period of 10 minutes is allotted to each person for presenting oral comments. After the deadline has passed, persons who have submitted written comments and wish to present oral comments at the hearing must submit an outline of the topics to be discussed and the amount of time to be devoted to each topic (a signed original and eight copies) by March 6, 2007. The IRS will prepare an agenda containing the schedule of speakers. Copies of the agenda will be made available free of charge, at the hearing. Because of access restrictions, the IRS will not admit visitors beyond the immediate entrance area more than 30 minutes before the hearing starts. For information about having your name placed on the building access list to attend the hearing, see the FOR FURTHER INFORMATION CONTACT section of this document. LaNita Van Dyke, Branch Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration). [FR Doc. E7-2615 Filed 2-14-07; 8:45 am] BILLING CODE 4830-01-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2006-0568; FRL-8278-3] Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Prevention of Significant Deterioration
(PSD)and New Source Review AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The EPA is proposing to approve revisions to the State Implementation Plan
(SIP)for the Albuquerque/Bernalillo County, New Mexico, area that were submitted to EPA by the Governor of New Mexico on May 24, 2006. The proposed revisions modify the Prevention of Significant Deterioration and Nonattainment New Source Review
(NNSR)regulations in the SIP. They were submitted to make the area's PSD and NNSR rules consistent with Federal NNSR and PSD revised regulations, which were promulgated by EPA on December 31, 2002 (67 **Federal Register**
(FR)80186) and reconsidered with minor changes on November 7, 2003 (68 FR 63021) (collectively, these Federal actions are called the “2002 New Source Review
(NSR)Reform Rules”). The revisions include provisions for baseline emissions calculations, an actual-to-projected-actual methodology for calculating emissions changes, options for plantwide applicability limits (PALs), and recordkeeping and reporting requirements. We are proposing to approve these revisions pursuant to section 110, part C, and part D of the Federal Clean Air Act (Act). DATES: Comments must be received on or before *March 19, 2007.* ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R06-OAR-2006-0568, by one of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *U.S. EPA Region 6 “Contact Us” Web site:* *http://epa.gov/region6/r6coment.htm.* Please click on “6PD” (Multimedia) and select “Air” before submitting comments. • *E-mail:* Mr. Stanley M. Spruiell at *spruiell.stanley@epa.gov.* • *Fax:* Mr. Stanley M. Spruiell, Air Permits Section (6PD-R), at fax number
(214)665-7263. • *Mail:* Mr. Stanley M. Spruiell, Air Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. • *Hand or Courier Delivery:* Mr. Stanley M. Spruiell, Air Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are accepted only between the hours of 8 a.m. and 4 p.m. weekdays except for legal holidays. Special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID Number EPA-R06-OAR-2006-0568. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information the disclosure of which is restricted by statute. Do not submit information through *http://www.regulations.gov* or e-mail if you believe that it is CBI or otherwise protected from disclosure. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* , your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD-ROM submitted. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at *http://www.regulations.gov* or in hard copy at the Air Permits Section (6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made available by appointment for public inspection in the Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the person listed in the FOR FURTHER INFORMATION CONTACT paragraph below to make an appointment. If possible, please make the appointment at least two working days in advance of your visit. A 15 cent per page fee will be charged for making photocopies of documents. On the day of the visit, please check in at the EPA Region 6 reception area on the seventh floor at 1445 Ross Avenue, Suite 700, Dallas, Texas. The State submittal is also available for public inspection at the State Air Agency listed below during official business hours by appointment: Albuquerque Environmental Health Department, Air Pollution Control Division, One Civic Plaza, Albuquerque, New Mexico 87103. FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone
(214)665-7212; fax number
(214)665-7263; e-mail address *spruiell.stanley@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, any reference to “we,” “us,” or “our” shall mean EPA. Outline: I. What Action Is EPA Proposing? II. What Is the Background for This Action? III. What Is EPA's Analysis of Albuquerque's NSR Rule Revisions? IV. Does Approval of the NNSR and PSD Revised Rules Interfere With Attainment, Reasonable Further Progress, or Any Other Applicable Requirement of the Act? V. What Action Is EPA Taking Today? VI. Statutory and Executive Order Reviews I. What Action Is EPA Proposing? On May 24, 2006, the Governor of the State of New Mexico submitted revisions to the SIP for Albuquerque/Bernalillo County. The submittal consists of revisions to two regulations that are already part of the Albuquerque/Bernalillo County SIP. The affected regulations are: 20.11.60 New Mexico Administrative Code
(NMAC)(Permitting in Nonattainment Areas) and 20.11.61 NMAC (Prevention of Significant Deterioration). The revisions were made to update the Albuquerque/Bernalillo County Air Quality Control Board
(AQCB)NNSR and PSD regulations to ensure that the regulations are consistent with changes to the Federal NSR regulations published on December 31, 2002 (67 FR 80186) and November 7, 2003 (68 FR 63021). These EPA rulemakings are collectively referred to as the “2002 NSR Reform Rules.” This SIP revision also includes other non-substantive changes to AQCB's PSD and NNSR rules needed to update the regulatory citations, make clarifying revisions to the regulatory text, correct typographical errors, and ensure that the regulations are consistent with all current Federal requirements for PSD and NNSR. These non-substantive changes do not change the regulatory requirements. Please see the Technical Support Document
(TSD)for further information. II. What Is the Background for This Action? On December 31, 2002, EPA published final rule changes to 40 Code of Federal Regulations
(CFR)parts 51 and 52, regarding the Clean Air Act's PSD and NNSR programs. See 67 FR 80186. On November 7, 2003, EPA published a notice of final action on the reconsideration of the December 31, 2002, final rule changes. See 68 FR 63021. In the November 7th final action, EPA added the definition of “replacement unit,” and clarified issues regarding PALs. The purpose of today's action is to propose approval of the State's SIP submittal for Albuquerque/Bernalillo County that includes revisions to the NNSR and PSD SIP rules. The 2002 NSR Reform Rules are part of EPA's implementation of parts C and D of Title I of the Act, 42 U.S.C. 7470-7515, addressing major sources and major modifications. Part C of Title I of the Act, 42 U.S.C. 7470-7492, is the PSD program, which applies in areas that meet the National Ambient Air Quality Standards (NAAQS)—“attainment areas”—as well as in areas for which there is insufficient information to determine whether the area meets the NAAQS—“unclassifiable” areas. Part D of Title I of the Act, 42 U.S.C. 7501-7515, is the NNSR program, which applies in areas that are not in attainment of one or more of the NAAQS—“nonattainment areas.” There also is the section 110 requirement for a minor NSR preconstruction permit program SIP. EPA regulations implementing the NNSR and PSD programs are contained in 40 CFR 51.165, 51.166, 52.21, 52.24, and appendix S of part 51. The Act's NSR programs are preconstruction review and permitting programs applicable to new and modified stationary sources of air pollutants regulated under the Act. These programs include a combination of air quality planning and air pollution control technology program requirements. Briefly, section 109 of the Act, 42 U.S.C. 7409, requires EPA to promulgate primary NAAQS to protect public health and secondary NAAQS to protect public welfare. Once EPA sets those standards, each State must develop, adopt, and submit to EPA for approval, a SIP that contains emissions limitations and other control measures to attain and maintain the NAAQS. Each SIP is required to contain a preconstruction review program for the construction and modification of stationary sources of air pollution to assure that the NAAQS are achieved and maintained; to protect areas of clean air; to protect air quality related values (such as visibility) in national parks and other areas; to assure that appropriate emissions controls are applied; to maximize opportunities for economic development consistent with the preservation of clean air resources; and to ensure that any decision to increase air pollution is made only after full public consideration of the consequences of the decision. The 2002 NSR Reform Rules made changes to five areas of the NSR programs. In summary, these rules:
(1)Provide a new method for determining baseline actual emissions in the NNSR and PSD programs;
(2)adopt for the NNSR and PSD programs an actual-to-projected-actual methodology for determining whether a major modification has occurred;
(3)allow major stationary sources to comply with PALs to avoid having a significant emissions increase that triggers the requirements of the NNSR and PSD programs;
(4)provide a new applicability provision in the NNSR and PSD programs for emissions units that are designated clean units; and
(5)exclude pollution control projects from the NNSR and PSD program definitions of “physical change or change in the method of operation.” For additional information on the 2002 NSR Reform Rules, see 67 FR 80186 (December 31, 2002) and *http://www.epa.gov/nsr.* After the 2002 NSR Reform Rules were finalized and effective (March 3, 2003), various petitioners challenged numerous aspects of the 2002 NSR Reform Rules, along with portions of EPA's 1980 NSR Rules (45 FR 5276, August 7, 1980). On June 24, 2005, the D.C. Circuit Court of Appeals issued a decision on the challenges to the 2002 NSR Reform Rules. See *New York* v. *United States* , 413 F.3d 3 (D.C. Cir. 2005) *rehearing en banc denied* (December 9, 2005). In summary, the Court vacated portions of the Rules pertaining to clean units and pollution control projects; remanded a portion of the Rules regarding recordkeeping, e.g., 40 CFR 51.165(a)(6) and 40 CFR 51.166(r)(6); and either upheld or did not comment on the other provisions included as part of the 2002 NSR Reform Rules. The EPA has not yet responded to the Court's remand regarding the recordkeeping provisions. Today's action is consistent with the decision of the D.C. Circuit Court of Appeals because Albuquerque's submittal does not include any portions of the 2002 NSR Reform Rules that were vacated as part of the June 2005 decision. The 2002 NSR Reform Rules require that State agencies adopt and submit revisions to their SIP permitting programs implementing the minimum program elements of the 2002 NSR Reform Rules no later than January 2, 2006. See 40 CFR 51.166(a)(6)(i) (requiring State agencies to adopt and submit PSD SIP revisions within three years after new amendments are published in the **Federal Register** ). State agencies may meet the requirements of 40 CFR Part 51 and the 2002 NSR Reform Rules with regulations that are different than but equivalent to the Federal regulations. If, however, a State decides not to implement any of the new applicability provisions, that State must demonstrate that its existing program is at least as stringent as the Federal program. On May 24, 2006, the Governor of New Mexico submitted a SIP revision for the purpose of revising AQCB's NNSR and PSD permitting regulations. These changes were made primarily to adopt EPA's 2002 NSR Reform Rules. As discussed in further detail below, EPA believes the revisions contained in the submittal are approvable for inclusion into the SIP for Albuquerque/Bernalillo County. III. What Is EPA's Analysis of the Albuquerque NSR Rule Revisions? The AQCB currently has an EPA-approved NSR program for new and modified sources, including a minor NSR preconstruction permit program, an NNSR preconstruction permit program, and a PSD preconstruction permit program. Today, EPA is proposing to approve revisions to the AQCB's existing NNSR and PSD regulations in the SIP. These proposed revisions were submitted to EPA on May 24, 2006. Copies of the revised rules, as well as the TSD, can be obtained from the Docket, as discussed in the “Docket” section above. A discussion of the specific AQCB rule changes that are proposed for inclusion in the SIP is included in the TSD and summarized below. The AQCB's permitting requirements for major sources in or impacting upon non-attainment areas are set forth at 20.11.60 NMAC (Permitting in Nonattainment Areas). The current AQCB NNSR program applies to the construction of any new major stationary source or major modification of air pollution in a nonattainment area, as required by part D of Title I of the Act. To receive approval to construct, a source that is subject to this regulation must show that it will not cause a net increase in pollution or create a delay in meeting the NAAQS, and that it will install and use control technology that achieves the lowest achievable emission rate. The AQCB's regulation 20.11.61 NMAC (Prevention of Significant Deterioration) contains the preconstruction review program that provides for the prevention of significant deterioration of ambient air quality as required under part C of Title I of the Act. The program applies to major stationary sources or modifications constructed or installed in areas designated as attainment or unclassifiable with respect to the NAAQS. These revisions to 20.11.60 NMAC and 20.11.61 NMAC update the existing provisions to be consistent with the current Federal NNSR and PSD rules, including the effects of the 2002 NSR Reform Rules. These revisions address baseline actual emissions, actual-to-projected-actual applicability tests, and PALs. The revisions included in AQCB's NNSR and PSD programs are substantively the same as the 2002 NSR Reform Rules. As part of our review of AQCB's regulations, we performed a line-by-line review of the proposed revisions and have determined that they are consistent with the program requirements for the preparation, adoption and submittal of implementation plans for NSR set forth at 40 CFR 51.165 and 51.166. This review is contained in the TSD for this action. The AQCB rules that we are reviewing do not incorporate the portions of the Federal rules that were vacated by the D.C. Circuit Court of Appeals, such as the clean unit provisions and the pollution control projects exclusion. The revised AQCB rules include the recordkeeping provisions set forth in the Federal rules at 40 CFR 51.165(a)(6) and 51.166(r)(6). However, AQCB chose to exclude the phrase “reasonable possibility.” In the Federal rule, this phrase limits the recordkeeping provisions to modifications at facilities that use the actual-to-future-actual methodology to calculate emissions changes, where there is a “reasonable possibility” that the modifications will result in a significant emissions increase. Therefore, by leaving out the phrase “reasonable possibility” from Subsection F of 20.11.60.12 NMAC and Subsection E of 20.11.61.12 NMAC, the AQCB rules require all modifications that use the actual-to-future-actual methodology to meet the recordkeeping requirements. As noted earlier, EPA has not yet responded to the D.C. Circuit Court of Appeals remand of the recordkeeping provisions of EPA's 2002 NSR Reform Rules. As a result, EPA's final decision with regard to the remand may require EPA to take further action on this portion of AQCB's rules. At present, however, AQCB's recordkeeping provisions are at least as stringent as the Federal requirements, and are therefore approvable. IV. Does Approval of the NNSR and PSD Revised Rules Interfere With Attainment, Reasonable Further Progress, or Any Other Applicable Requirement of the Act? The Act provides in Section 110(l) that: Each revision to an implementation plan submitted by a State under this Act shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revisions would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the Act. Because, as discussed above and in the TSD, the revisions to the AQCB NNSR and PSD programs are substantively the same as the 2002 NSR Reform Rules, without including any vacated provisions, we conclude that these rules do not interfere with attainment, reasonable further progress, or any other applicable requirement of the Act. See 67 FR 80186 and 68 FR 63021 for EPA's detailed explanation of the legal basis for the 2002 NSR Reform Rules. V. What Action Is EPA Taking Today? For the reasons discussed above, EPA is proposing to approve the changes made in the two rules, 20.11.60 NMAC (Permitting in Nonattainment Areas) and 20.11.61 NMAC (Prevention of Significant Deterioration) as submitted May 24, 2006, as revisions to the Albuquerque/Bernalillo County SIP. VI. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This proposed action merely proposes to approve State law as meeting Federal requirements and imposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule proposes to approve pre-existing requirements under State law and does not impose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This proposed rule also does not have tribal implications because it will not have a substantial direct effect on: One or more Indian tribes, the relationship between the Federal Government and Indian tribes, or the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. The EPA interprets Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), as applying only to those regulatory actions that concern health or safety risks such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This proposed rule is not subject to Executive Order 13045 because it would approve a state program. Executive Order 12898 (59 FR 7629 (February 16, 1994)) establishes federal executive policy on environmental justice. Because this rule merely proposes to approve a state rule implementing a Federal standard, EPA lacks the discretionary authority to modify today's regulatory decision on the basis of environmental justice considerations. In reviewing SIP submissions, EPA's role is to approve State choices, provided that they meet the criteria of the Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 *et seq.* Dated: February 5, 2007. Richard E. Greene, Regional Administrator, Region 6. [FR Doc. E7-2671 Filed 2-14-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA-B-7707] Proposed Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations
(BFEs)and proposed BFEs modifications for the communities listed below. The BFEs are the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The comment period is ninety
(90)days following the second publication of this proposed rule in a newspaper of local circulation in each community. ADDRESSES: The proposed BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in these buildings. *National Environmental Policy Act.* This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This proposed rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This proposed rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This proposed rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is proposed to be amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: Flooding source(s) Location of referenced elevation * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground. Effective Modified Communities affected Spartanburg County, South Carolina, and Incorporated Areas Abners Creek Confluence with Enoree River None +704 Spartanburg County (Unincorporated Areas) City of Greer. Approximately 150 feet upstream of Freeman Farm Road None +870 Alexander Creek Confluence with South Pacolet River (William C. Bowen Lake) None +825 Spartanburg County (Unincorporated Areas). Approximately 2,010 feet upstream of Page Road None +844 Alexander Creek Tributary 1 Confluence with Alexander Creek None +838 Spartanburg County (Unincorporated Areas). Approximately 1,620 feet upstream of Walnut Hill Church Road None +855 Beaverdam Creek
(East)Just upstream of Old Canaan Road None +619 Spartanburg County (Unincorporated Areas). Approximately 300 feet upstream of Church Street None +677 Beaverdam Creek
(East)Tributary 1 Confluence with Beaverdam Creek
(East)None +637 Spartanburg County (Unincorporated Areas). Approximately 400 feet upstream of Church Street None +676 Beaverdam Creek
(West)Confluence with Middle Tyger River None +817 Spartanburg County (Unincorporated Areas). Approximately 2 miles upstream of Highway 357 None +834 Big Ferguson Creek Approximately 820 feet upstream of confluence with Ferguson Creek *575 +576 Spartanburg County (Unincorporated Areas). Approximately 5,190 feet upstream of Wofford Road None +662 Browns Branch Confluence with Pacolet River None +481 Spartanburg County (Unincorporated Areas). Approximately 960 feet upstream of Short Drive None +496 Buck Creek Confluence with Pacolet River None +709 Spartanburg County (Unincorporated Areas). Approximately 4,950 feet upstream of Cherokee Foothills Scenic Highway None +808 Buffalo Creek Approximately 100 feet upstream of confluence with Fairforest Creek None +574 Spartanburg County (Unincorporated Areas). Approximately 1.2 miles upstream of Steward Road None +618 Casey Creek Confluence with Pacolet River None +709 Spartanburg County (Unincorporated Areas). Approximately 2,290 feet upstream of Overcreek Road None +824 Cedar Shoals Creek Approximately 620 feet downstream of Horseshoe Falls Road None +406 Spartanburg County (Unincorporated Areas). Approximately 1.5 miles upstream of Browning Road None +539 Cherokee Creek Approximately 70 feet downstream of Cherokee Circle None +713 Spartanburg County (Unincorporated Areas). Approximately 1,040 feet upstream of Cherokee Circle None +713 Chinquepin Creek Approximately 100 feet upstream of Chesnee Highway None +719 Spartanburg County (Unincorporated Areas). Approximately 920 feet upstream of Chesnee Highway None +726 Dildine Creek Confluence with Enoree River None +560 Spartanburg County (Unincorporated Areas). Approximately 4,580 feet upstream of confluence with Enoree River None +563 Dillard Creek Confluence with Enoree River None +708 Spartanburg County (Unincorporated Areas). Approximately 4,540 feet upstream of confluence with Enoree River None +715 Dutchman Creek Approximately 1 mile downstream of Tucker Road None +481 Spartanburg County (Unincorporated Areas). Approximately 2,370 feet upstream of Walnut Grove Pauline Road None +645 Enoree River Approximately 4.3 miles downstream of Interstate 26 None +401 Spartanburg County (Unincorporated Areas). Approximately 125 feet upstream of State Highway 14 None +748 Enoree River Tributary 1 Confluence with Enoree River None +698 Spartanburg County (Unincorporated Areas). Approximately 1,690 feet upstream of Sharon Church Road None +790 Fairforest Creek Approximately 80 feet downstream of Glen Springs Road None +491 Spartanburg County (Unincorporated Areas) City of Spartanburg. Approximately 100 feet downstream of Interstate 85 None +844 Fairforest Creek: Tributary 1 Confluence with Fairforest Creek None +497 Spartanburg County (Unincorporated Areas). Approximately 1.3 miles upstream of confluence with Fairforest Creek None +525 Tributary 2 Approximately 50 feet upstream of Fairforest Creek None +574 Spartanburg County (Unincorporated Areas). Approximately 1,320 feet upstream of West Road None +656 Tributary 3 Approximately 300 feet upstream of confluence with Fairforest Creek None +614 Spartanburg County (Unincorporated Areas). Approximately 3,630 feet upstream of confluence with Fairforest Creek None +631 Fawn Branch Just upstream of Old Furnace Road None +807 Spartanburg County (Unincorporated Areas). Approximately 870 feet upstream of Old Furnace Road None +810 Fawn Branch: Tributary 1 Just upstream of Old Furnace Road None +807 Spartanburg County (Unincorporated Areas). Approximately 2,640 feet upstream of Clark Road None +883 Tributary 2 Confluence with Fawn Branch Tributary 1 None +826 Spartanburg County (Unincorporated Areas). Approximately 440 feet upstream of State Highway 9 None +873 Ferguson Creek Approximately 190 feet downstream of Old Spartanburg Highway None +627 Spartanburg County (Unincorporated Areas). Approximately 1,990 feet upstream of Old Spartanburg Highway None +638 Fleming Branch Confluence with Fairforest Creek None +566 Unincorporated Areas of Spartanburg County. Approximately 2,200 feet upstream of confluence with Fairforest Creek None +576 Foster Creek Approximately 330 feet upstream of Twin Oaks Road None +607 Spartanburg County (Unincorporated Areas). Approximately 1.4 miles upstream of Old Canaan Road None +659 Foster Creek Tributary 1 Confluence with Foster Creek None +636 Spartanburg County (Unincorporated Areas). Approximately 4,000 feet upstream of confluence with Foster Creek None +748 Fourmile Branch Just upstream of Country Club Rd *631 +632 Spartanburg County (Unincorporated Areas). Approximately 2,810 feet upstream of Pine Street None +734 Halfway Branch Approximately 600 feet upstream of confluence of Halfway Branch Tributary 1 None +680 City of Spartanburg. Approximately 2,150 feet upstream of confluence with Halfway Branch Tributary 1 None +708 Halfway Branch Tributary 1 Just downstream of Blackwood Drive None +686 Spartanburg County (Unincorporated Areas) City of Spartanburg. Approximately 700 feet upstream of Perin Drive None +722 Island Creek Confluence with Pacolet River None +655 Spartanburg County (Unincorporated Areas). Approximately 2,000 feet upstream of Cemetery Road None +804 Jamison Mill Creek Confluence with South Pacolet River None +878 Spartanburg County (Unincorporated Areas). Approximately 1.4 miles upstream of Spivey Creek Road None +920 Jimmies Creek (North) Just upstream of Freys Drive None +665 Spartanburg County (Unincorporated Areas). Approximately 2,190 feet upstream of Tucapau Road None +789 Jimmies Creek (South) Confluence with North Tyger River None +440 Spartanburg County (Unincorporated Areas) Town of Woodruff. Approximately 1,550 feet upstream of Georgia Road None +696 Jimmies Creek (South) Tributary 1 Confluence with Jimmies Creek (South) None +444 Spartanburg County (Unincorporated Areas). Approximately 5,070 feet upstream of confluence with Jimmies Creek (South) None +470 Kelsey Creek Confluence with Fairforest Creek None +524 Spartanburg County (Unincorporated Areas). Approximately 4,900 feet upstream of confluence with Thompson Creek None +555 Lawsons Fork Creek Just upstream of Meadow Farm Road None +802 Spartanburg County (Unincorporated Areas). Approximately 2,320 feet upstream of Park Street None +937 Lawsons Fork Creek: Tributary 1 Approximately 850 feet upstream of confluence with Lawsons Fork Creek None +656 City of Spartanburg. Approximately 3,890 feet upstream of Woodburn Road None +701 Tributary 3 Approximately 900 feet upstream of Lawsons Fork Creek *778 +779 Spartanburg County (Unincorporated Areas). Approximately 2,120 feet upstream of Honeysuckle Road None +828 Tributary 4 Just upstream of River Forest Rd None +787 Spartanburg County (Unincorporated Areas). Approximately 400 feet upstream of Lyman Road None +864 Lick Creek Confluence with Enoree River None +567 Spartanburg County (Unincorporated Areas). Approximately 425 feet upstream of Allen Bridge Road None +581 Little Buck Creek Confluence with Buck Creek None +712 Spartanburg County (Unincorporated Areas). Approximately 280 feet upstream of Cherokee Street None +841 Maple Creek Just upstream of New Woodruff Road None +854 Spartanburg County (Unincorporated Areas) City of Greer. Approximately 85 feet downstream of Acron Drive None +866 McElwain Creek Approximately 3,266 feet downstream of Yard Road None +495 Spartanburg County (Unincorporated Areas). Approximately 230 feet upstream of Yard Road None +499 Meadow Creek Approximately 500 feet upstream of confluence with Lawson's Fork Creek *802 +803 Spartanburg County (Unincorporated Areas). Approximately 1,360 feet upstream of Interstate 26 None +849 Meadow Creek Tributary 1 Confluence with Meadow Creek None +823 Spartanburg County (Unincorporated Areas). Approximately 3,380 feet upstream of Spring Valley Road None +837 Middle Tyger River Just upstream of Spartex Dam None +733 Spartanburg County (Unincorporated Areas) Town of Duncan, Town of Lyman. Approximately 250 feet upstream of Sloan Road None +859 Middle Tyger River Tributary 1 Approximately 1,800 feet upstream of confluence with Middle Tyger River *615 +616 Spartanburg County (Unincorporated Areas). Approximately 5,040 feet upstream of confluence with Middle Tyger River None +629 Motlow Creek Confluence with South Pacolet River None +826 Spartanburg County (Unincorporated Areas) Town of Campobello. Approximately 740 feet upstream of Macedonia Church Road None +943 North Pacolet River Confluence with Pacolet River None +723 Spartanburg County (Unincorporated Areas). Approximately 4,030 feet upstream of Landrum Road None +837 North Tyger River Approximately 3,340 feet downstream of Highway 56 None +421 Spartanburg County (Unincorporated Areas). Approximately 2.2 miles upstream of Interstate 26 None +583 North Tyger River: Tributary 1 Just downstream of Interstate 26 None +594 Spartanburg County (Unincorporated Areas). Approximately 1.4 miles upstream of Stillhouse Road None +672 Tributary 2 Approximately 1,780 feet upstream of confluence with North Tyger River *665 +666 Spartanburg County (Unincorporated Areas). Approximately 260 feet upstream of U.S. Highway 29 None +748 Tributary 3 Approximately 900 feet upstream of confluence with North Tyger River None +736 Spartanburg County (Unincorporated Areas) Town of Lyman. Approximately 1.6 miles upstream of Holly Springs Road None +898 Obed Creek Confluence with North Pacolet River None +737 Spartanburg County (Unincorporated Areas). Approximately 4,100 feet upstream of Burnt Chimney Road None +879 Pacolet River Approximately 2.4 miles downstream of Chapel Drive None +476 Spartanburg County (Unincorporated Areas) Town of Pacolet. Confluence of North Pacolet River and South Pacolet River None +723 Pacolet River: Tributary 1 Confluence with Pacolet River None +632 Spartanburg County (Unincorporated Areas). Approximately 290 feet upstream of Church Street None +765 Tributary 2 Confluence with Pacolet River None +716 Spartanburg County (Unincorporated Areas). Approximately 5,140 feet upstream of Fairfield Road None +875 Peters Creek Confluence with Pacolet River None +630 Spartanburg County (Unincorporated Areas). Approximately 210 feet downstream of Jones Road None +796 Ransom Creek Approximately 1,120 feet upstream of confluence with North Tyger River *610 +611 Spartanburg County (Unincorporated Areas). Approximately 1,050 feet upstream of Schirra Court None +732 Ransom Creek Tributary 1 Confluence with Ransom Creek None +614 Spartanburg County (Unincorporated Areas). Approximately 460 feet upstream of Interstate 26 None +640 Reedy Creek Approximately 100 feet downstream of Old Canaan Road None +624 Spartanburg County (Unincorporated Areas). Approximately 230 feet upstream of McAbee Road None +667 Richland Creek Confluence with South Pacolet River None +785 Spartanburg County (Unincorporated Areas). Approximately 1.3 miles upstream of Hickory Nut Drive None +832 Richland Creek East Confluence with Pacolet River None +539 Spartanburg County (Unincorporated Areas). Approximately 4,970 feet upstream of confluence with Pacolet River None +540 Richland Creek: Tributary 1 Confluence with Richland Creek None +785 Spartanburg County (Unincorporated Areas). Approximately 2,740 feet upstream of River Oak Road None +825 Tributary 2 Confluence with Richland Creek Tributary 1 None +792 Spartanburg County (Unincorporated Areas). Approximately 3,860 feet upstream of confluence with Richland Creek Tributary 1 None +810 Tributary 3 Confluence with Richland Creek None +785 Spartanburg County (Unincorporated Areas). Approximately 570 feet upstream of Owens Drive None +855 Shoally Creek Approximately 60 feet downstream of confluence with Shoally Creek Tributary 2 None +804 Spartanburg County (Unincorporated Areas). Approximately 4,580 feet upstream of Old Furnace Road None +915 Shoally Creek: Tributary 1 Approximately 300 feet upstream of confluence with Shoally Creek None +752 Spartanburg County (Unincorporated Areas). Approximately 250 feet upstream of Sandifer Road None +796 Tributary 2 Just upstream of confluence with Shoally Creek None +804 Spartanburg County (Unincorporated Areas). Approximately 1,730 feet upstream of Burnett Road None +875 Tributary 3 Confluence with Shoally Creek None +804 Spartanburg County (Unincorporated Areas). Approximately 150 feet upstream of McMillin Boulevard None +850 South Pacolet River Tributary 2 Confluence with South Pacolet River Tributary 1 None +832 Spartanburg County (Unincorporated Areas). Approximately 2,410 feet upstream of confluence with South Pacolet River Tributary 1 None +861 South Pacolet River Confluence with Pacolet River None +723 Spartanburg County (Unincorporated Areas) Town of Campobello. Confluence of Jamison Mill Creek None +878 South Pacolet River Tributary 1 Confluence with South Pacolet River None +825 Spartanburg County (Unincorporated Areas). Approximately 4,230 feet upstream of Old Mill Road None +844 South Tyger River Confluence with North Tyger River None +518 Spartanburg County (Unincorporated Areas). City of Greer, Town of Duncan. Approximately 1.9 miles upstream of Wade Hampton Boulevard None +771 South Tyger River Tributary 1 Confluence with South Tyger River None +604 Spartanburg County (Unincorporated Areas). Approximately 2,340 feet upstream of confluence with South Tyger River None +612 Spivey Creek Confluence with South Pacolet River None +857 Spartanburg County (Unincorporated Areas). Approximately 140 feet upstream of Spivey Creek Road None +876 Thompson Creek (North) Confluence with Pacolet River None +714 Spartanburg County (Unincorporated Areas). Approximately 1.1 miles upstream of Peachtree Road None +796 Thompson Creek (South) Confluence with Kelsey Creek None +554 Spartanburg County (Unincorporated Areas). Approximately 1.1 miles upstream of Johnson Lake Road None +648 Turkey Hen Branch Confluence with Pacolet River None +565 Spartanburg County (Unincorporated Areas). Approximately 630 feet upstream of Harper Fish Camp Road None +646 Twomile Creek Confluence with Enoree River None +485 Spartanburg County (Unincorporated Areas). Approximately 3,990 feet upstream of Parker Road None +513 Vines Creek Confluence with Abners Creek None +717 Spartanburg County (Unincorporated Areas). Approximately 1.2 miles upstream of Babe Wood Road None +776 Wards Creek Confluence with North Tyger River None +554 Spartanburg County (Unincorporated Areas). Approximately 3,450 feet upstream of Harrison Grove Road None +616 Wiley Fork Creek Confluence with Dutchman Creek None +532 Spartanburg County (Unincorporated Areas). Approximately 2,390 feet upstream of confluence with Dutchman Creek None +537 Zekial Creek Confluence with Island Creek None +804 Spartanburg County (Unincorporated Areas). Approximately 4,530 feet upstream of confluence with Island Creek None +815 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Greer Maps are available for inspection at 106 South Main Street, Greer, SC 29650. Send comments to Ed Driggers, City Administrator, 106 South Main Street, Greer, SC 29650. City of Spartanburg Maps are available for inspection at 145 West Broad Street, Spartanburg, SC 29304. Send comments to Mark Scott, City Manager, P.O. Box 1749, 145 West Broad Street, Spartanburg, SC 29304. Town of Campobello Maps are available for inspection at 208 North Main Street, Campobello, SC 29322. Send comments to The Honorable Ray Copeland, Mayor, City of Campobello, P.O. Box 8, 208 North Main Street, Campobello, SC 29322. Town of Duncan Maps are available for inspection at 153 West Main Street, Duncan, SC 29334. Send comments to The Honorable John Hamby, Mayor, Town of Duncan, Post Office Drawer 188, 153 West Main Street, Duncan, SC 29334. Town of Lyman Maps are available for inspection at 81 Groce Road, Lyman, SC 29365. Send comments to The Honorable Robert Fogel, Mayor, Town of Lyman, 81 Groce Road, Lyman, SC 29365. Town of Pacolet Maps are available for inspection at 180 Montgomery Avenue, Pacolet, SC 29372. Send comments to The Honorable Elaine Harris, Mayor, Town of Pacolet, P.O. Box 700, 180 Montgomery Avenue, Pacolet, SC 29372. Town of Woodruff Maps are available for inspection at 231 E. Hayne Street, Woodruff, SC 29388. Send comments to Scott Slatton, City Manager, 231 E. Hayne Street, Woodruff, SC 29388. Spartanburg County (Unincorporated Areas) Maps are available for inspection at 9039 Fairforest Road, Spartanburg, SC 29301. Send comments to Glen Breed, County Administrator, 366 N. Church Street, P.O. Box 5666, Spartanburg, SC 29304. La Crosse County, Wisconsin and Incorporated Areas Black River At confluence with the Black River, Mississippi River and La Crosse River *645 *644 City of Onalaska, City of La Crosse, La Crosse County (Unincorporated Areas). Just upstream of Lock & Dam 7 *647 *646 Ebner Coulee 100 feet south of Jackson St. *660 *658 City of La Crosse, La Crosse County (Unincorporated Areas). Just east of 29th St. *670 *667 Ebner Coulee: Pond 1 Just east of 29th St *662 *663 City of La Crosse. At Burlington Northern Railroad *662 *663 Pond 2 At State Road *657 *656 City of La Crosse. At Farnam Street *659 *656 Pond 3 At State Road *657 *655 City of La Crosse. At 200 feet north of Crestline Place *658 *655 Pond 4 500 feet south of Evergreen St *657 *652 City of La Crosse. 150 feet north of Evergreen St *657 *652 Pond 5 At Ward Avenue *656 *652 City of La Crosse. At Travis Street *657 *653 Pond 6 600 feet south of East Fairchild Street *656 *654 City of La Crosse. 600 feet north of West Fairchild Street *657 *654 Pond 7 At Farnam Street *659 *658 City of La Crosse. At Jackson Street *660 *658 Johns Coulee At mouth at Mormon Creek None *725 La Crosse County (Unincorporated Areas). Approximately 1 mile upstream of County Highway YY bridge None *827 La Crosse River Approximately 600 feet upstream of Highway 53 *645 *644 City of Onalaska, City of La Crosse, La Crosse County (Unincorporated Areas). Overbank area between Goheres St. to the north and Monitor St. to the south *646 *645 At State Highway 16 *656 *655 La Crosse River Left Overbank Southern extent near La Crosse St. *645 *644 City of La Crosse. At Lang Drive *646 *645 La Crosse River Right Overbank 1 Railroad just north of County Highway B *648 *649 City of La Crosse. At Hawkins Road *652 *653 La Crosse River Railroad Ditch At mouth at confluence with La Crosse River None *650 City of La Crosse. Upstream extent at divergence at La Crosse River None *655 Mormon Creek At mouth at Mississippi River None *639 La Crosse County (Unincorporated Areas). At County Highway M None *766 Mississippi River Adjacent to Marion Road N at river mile 694 *641 *640 City of La Crosse, City of Onalaska, La Crosse County (Unincorporated Areas). Approximately 3.6 miles south of Highway 35 at river mile 711 *650 *649 Pammel Creek At mouth at Mississippi River *642 *640 City of La Crosse, La Crosse County (Unincorporated Areas). 150 feet upstream of Hagen Road *691 *683 Pammel Creek East Bank At Juniper Street *645 *644 City of La Crosse, La Crosse County (Unincorporated Areas). At Leonard Street *650 *644 At Meadow Lane Place *651 *647 Adjacent to Easter Road *653 *647 At Park Lane Drive *654 *653 At Midway between Park Lane Drive & Ward Avenue *658 *653 Sand Lake Coulee 200 feet downstream of County Highway OT None *650 Village of Holmen, City of Onalaska, La Crosse County (Unincorporated Areas). At Private driveway 1/4 mile north of Abnet Rd None *770 Sand Lake Coulee Right Overbank—Midway At mouth at confluence with Sand Lake Coulee None *652 Village of Holmen, La Crosse County (Unincorporated Areas). Approximately 1200 feet downstream of State Highway 35 None *663 Sand Lake Coulee At County Highway SN None *701 Village of Holmen, City of Onalaska, La Crosse County (Unincorporated Areas). Right Overbank—Golf Course Golf Course boundary 0.5 mi. downstream of Moos Rd None *721 Smith Valley Creek At mouth at La Crosse River None *658 City of Onalaska, City of La Crosse, La Crosse County (Unincorporated Areas). End of Smith Valley Road None *814 State Road Coulee 150 feet upstream of Hagen Rd *691 *683 La Crosse County (Unincorporated Areas). 600 feet upstream of Hagen Rd *692 *687 *National Geodetic Vertical Datum. #Depth in feet above ground. +North American Vertical Datum. ADDRESSES La Crosse County (Unincorporated Areas) Maps are available for inspection at: La Crosse County Zoning, Planning and Land Information Office, 400 4th, St. N., La Crosse, WI 54601. Send comments to: Jeff Bluske, Director of Zoning, Planning and Land Information, 400 4th St. N., La Crosse, WI 54601. Village of Holmen Maps are available for inspection at: Village Hall, 421 S. Main St., Holmen, WI 54636-0158. Send comments to: Catherine J. Schmit, Village Administrator, P.O. Box 158, Holmen, WI 54636-0158. City of La Crosse Maps are available for inspection at: City Hall, 400 La Crosse St., La Crosse, WI 54601. Send comments to: Randy Turtenwald, City Engineer, 400 La Crosse St., La Crosse, WI 54601. City of Onalaska Maps are available for inspection at: City Hall, 415 Main St., Onalaska, WI 54650. Send comments to: Jason Gilman, Planning Director, 415 Main St., Onalaska, WI 54650. Milwaukee County, Wisconsin, and Incorporated Areas Caledonia Branch Confluence with Crayfish Creek None *666 City of Oak Creek. Downstream side of County Line Road None *672 Caledonia Branch: Tributary CB1 Confluence with Caledonia Branch None *667 City of Oak Creek. Approximately 0.6 miles upstream of Elm Road None *687 Tributary CB2 Confluence with Caledonia Branch None *670 City of Oak Creek. Upstream side of 10th Avenue None *672 Tributary CB3 Upstream side of County Line Road None *676 City of Oak Creek. Approximately 160 feet upstream of State Highway 32 None *688 Crayfish Creek Upstream side of County Line Road None *666 City of Oak Creek. Downstream side of Oakwood Road None *668 Crayfish Creek: Tributary C1 Confluence with West Branch Crayfish Creek None *668 City of Oak Creek. Approximately 800 feet upstream of Shepard Avenue None *688 Tributary C2 Confluence with West Branch Crayfish Creek None *670 City of Oak Creek. Approximately 1500 feet upstream of Shepard Avenue None *701 Tributary C3 Confluence with Crayfish Creek None *668 City of Oak Creek. Approximately 0.9 miles from Oakwood Road None *677 Tributary C3A Confluence with Crayfish Creek Tributary C3 None *669 City of Oak Creek. Approximately 0.5 miles upstream of confluence with Crayfish Creek Tributary C3 None *672 Lake Michigan: Tributary L1 Approximately 380 feet upstream of mouth to Lake Michigan None *643 City of Oak Creek. Approximately 0.4 miles upstream of 5th Avenue None *677 Tributary L5 Approximately 510 feet upstream of mouth to Lake Michigan None *654 City of Oak Creek. Approximately 0.4 miles upstream of mouth to Lake Michigan None *691 Legend Creek Confluence with the Root River None *695 City of Franklin. Upstream side of U.S. Highway 45 None *800 Lincoln Creek Confluence with the Milwaukee River *623 *624 City of Glendale. Upstream side of Teutonia Avenue *631 *628 City of Milwaukee. Upstream of Mill Road *691 *687 Upstream of Good Hope Road *696 *692 Menomonee River 240 feet upstream of Canal Street *588 *589 City of Milwaukee. Upstream side of South 35th Street *601 *598 City of Wauwatosa. Upstream side of Chicago & Northwestern Railroad *604 *608 Upstream side of U.S. Highway 41 *626 *624 Upstream side of Harwood Avenue Pedestrian Bridge *656 *658 Milwaukee River Upstream side of Cherry Street *585 *584 City of Milwaukee. Downstream side of North Avenue *600 *597 Village of Brown Deer. Upstream side of Capitol Drive *607 *605 Village of River Hills. Upstream side of Good Hope Road *639 *640 Village of Shorewood. Mitchell Field Drainage Ditch Confluence with Oak Creek *661 *660 City of Milwaukee. Approximately 0.5 miles upstream of Howell Avenue None *711 City of Oak Creek. Mitchell Field Drainage Ditch: Tributary M1 Confluence with Mitchell Field Drainage Ditch None *672 City of Oak Creek. Approximately 0.5 miles upstream of Howell Avenue None *713 Tributary M4 Confluence with Mitchell Field Drainage Ditch None *666 City of Oak Creek. Approximately 0.4 miles upstream of confluence with Mitchell Field Drainage Ditch None *683 North Branch Oak Creek Confluence with Oak Creek *678 *682 City of Milwaukee. Downstream side of Marquette Avenue *711 *713 City of Oak Creek. Approximately 630 feet upstream of Interstate 94 None *742 North Branch Oak Creek: Tributary N2 Confluence with North Branch Oak Creek None *710 City of Milwaukee. Approximately 125 feet upstream of 16th Street None *743 City of Oak Creek. Tributary N4 Confluence with North Branch Oak Creek None *716 City of Oak Creek. Downstream side of Interstate 94 None *728 Tributary N5 Confluence with North Branch Oak Creek None *710 City of Oak Creek. Approximately 0.9 miles upstream of Interstate 94 None *757 Tributary N7 Confluence with North Branch Oak Creek None *704 City of Oak Creek. Approximately 0.4 miles upstream of 20th Street—Drexel Avenue None *721 Tributary N7A Confluence with North Branch Oak Creek Tributary N7 None *713 City of Oak Creek. Approximately 590 feet upstream of 20th Street None *735 Oak Creek Upstream side of 2nd Oak Creek Parkway Crossing *602 *603 City of Franklin. City of Oak Creek. Upstream side of Southland Drive *733 *735 Approximately 1360 feet upstream of Puetz Road None *753 Oak Creek: Tributary O16 Upstream side of Pennsylvania Avenue None *666 City of Oak Creek. Approximately 0.5 miles upstream of Forest Lane None *681 Tributary O17 Upstream side of Pennsylvania Avenue None *663 City of Oak Creek. Approximately 0.9 miles upstream of Pennsylvania Avenue None *676 Tributary O19 Confluence with Oak Creek Tributary None *664 City of Oak Creek. Approximately 0.6 miles upstream of confluence with Oak Creek Tributary O19A None *684 Tributary O19A Confluence with Oak Creek None *663 City of Oak Creek. Approximately 1500 feet upstream of Puetz Road None *673 Tributary O20 Confluence with Oak Creek None *661 City of Oak Creek. Approximately 0.5 miles upstream of confluence with Oak Creek None *674 Tributary O8 Confluence with Oak Creek None *674 City of Oak Creek. Root River Downstream side of State Highway 38 None *689 500 feet downstream of Nicholson Road *668 *666 City of Oak Creek. Upstream side of Interstate 94 *677 *676 Root River: Tributary R2 Approximately 1.2 miles upstream of confluence with the Root River None *672 City of Oak Creek. Approximately 0.4 miles upstream of Oakwood Avenue None *691 Tributary R3 Confluence with Root River Tributary R2 None *691 City of Oak Creek. Approximately 185 feet upstream of 13th Street None *698 Tributary R5 Confluence with the Root River None *668 City of Oak Creek. Downstream side of Elms Road None *696 South Branch At Waukesha County Boundary None *723 City of Wauwatosa. Underwood Creek Downstream side of Bradley Road None *729 City of West Allis. Southbranch Creek Upstream side of Green Bay Court *652 *651 City of Milwaukee. Downstream side of Bradley Road *685 *683 Village of Brown Deer. Southland Creek Confluence with North Branch Oak Creek None *694 City of Oak Creek. Approximately 125 feet upstream of 27th Street None *736 Underwood Creek Confluence with the Menomonee River *679 *678 City of Wauwatosa 1120 feet upstream of 115th Street *719 *718 Unnamed Tributary Confluence with Oak Creek None *737 City of Franklin No. 1 to Oak Creek Approximately 60 feet upstream of Puetz Road None *755 Unnamed Tributary Confluence with Southland Creek None *702 City of Oak Creek. No. 1 to Southland Creek Approximately 60 feet upstream of Puetz Road None *725 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Franklin Maps are available for inspection at 9229 W Loomis Road, Franklin, WI. Send comments to The Honorable Thomas Taylor, Mayor, 9229 W Loomis Road, Franklin, WI 53132-9630. City of Glendale Maps are available for inspection at 5909 N Milwaukee River Parkway, Glendale, WI. Send comments to The Honorable Jerome Tepper, Mayor, 5909 N Milwaukee River Parkway, Glendale, WI 53209-3815. City of Milwaukee Maps are available for inspection at 200 E Wells Street, Milwaukee, WI. Send comments to The Honorable Tom Barrett, Mayor, 200 E Wells Street, Room 205, Milwaukee, WI 53202-3515. City of Oak Creek Maps are available for inspection at 8640 S Howell Avenue, Oak Creek, WI. Send comments to The Honorable Richard Bolender, Mayor, PO Box 27, Oak Creek, WI 53154-2918. City of South Milwaukee Maps are available for inspection at 2424 15th Avenue, South Milwaukee, WI. Send comments to The Honorable Thomas Zepecki, Mayor, 2424 15th Avenue, South Milwaukee, WI 53172-2410. City of Wauwatosa Maps are available for inspection at 7725 W North Avenue, Wauwatosa, WI. Send comments to The Honorable Theresa Estness, Mayor, 7725 W North Avenue, Wauwatosa, WI 53213-1720. City of West Allis Maps are available for inspection at 7525 W Greenfield Avenue, West Allis, WI. Send comments to The Honorable Jeannette Bell, Mayor, 7525 W Greenfield Avenue, West Allis, WI 53214-4648. Village of Brown Deer Maps are available for inspection at 4800 W Green Brook Drive, Brown Deer, WI. Send comments to Ms. Margaret Jayberg, President, 4800 W Green Brook Drive, Brown Deer, WI 53223-2406. Village of River Hills Maps are available for inspection at 7650 N Pheasant Lane, River Hills, WI. Send comments to Mr. Robert C. Brunner, President, 7650 N Pheasant Lane, River Hills, WI 53217-3012. Village of Shorewood Maps are available for inspection at 3930 N Murray Avenue, Shorewood, WI. Send comments to Mr. Guy Johnson, President, 3930 N Murray Avenue, Shorewood, WI 53211-2303. Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”. Dated February 7, 2007. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-2638 Filed 2-14-07; 845 am] BILLING CODE 9110-12-P DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration 49 CFR Parts 1520 and 1580 [Docket No. TSA-2006-26514] RIN 1652-AA51 Rail Transportation Security AGENCY: Transportation Security Administration, DHS. ACTION: Notice of proposed rulemaking. SUMMARY: This document places in the **Federal Register** the entire Initial Regulatory Flexibility Analysis
(IRFA)for this proposed rulemaking on rail transportation security, which has been available in the public docket. TSA published a Notice of Proposed Rulemaking
(NPRM)on Rail Transportation Security and placed the IRFA in the public docket as part of the comprehensive Regulatory Impact Assessment, on December 28, 2006. However, TSA inadvertently omitted the summary of the IRFA from the NPRM when we published it in the **Federal Register** . TSA decided to publish in the **Federal Register** the same IRFA that has been in the docket. FOR FURTHER INFORMATION CONTACT: *For questions related to rail security:* Lisa Pena, Transportation Sector Network Management, Freight Rail Security, TSA-28, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220; telephone
(571)227-4414; facsimile
(571)227-1923; email *lisa.pena@dhs.gov* . *For legal questions:* David H. Kasminoff, Office of Chief Counsel, TSA-2, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202-4220; telephone
(571)227-3583; facsimile
(571)227-1378; email *david.kasminoff@dhs.gov* . SUPPLEMENTARY INFORMATION: Submitting Comments to the NPRM TSA invited comments to the NPRM that TSA published in the **Federal Register** on December 21, 2006 (71 FR 76852); Docket No. TSA-2006-26514; RIN 1652-AA51. You may continue to submit comments to the NPRM until the comment period closes on February 20, 2007, using any one of the methods and the procedures identified in the NPRM. Availability of Rulemaking Document You can get an electronic copy using the Internet by
(1)Searching the Department of Transportation's electronic Docket Management System
(DMS)web page ( *http://dms.dot.gov/search* );
(2)Accessing the Government Printing Office's web page at *http://www.gpoaccess.gov/fr/index.html* ; or
(3)Visiting TSA's Security Regulations web page at *http://www.tsa.gov* and accessing the link for “Research Center” at the top of the page. In addition, copies are available by writing or calling the individual in the FOR FURTHER INFORMATION CONTACT section. Be sure to identify the docket number of this rulemaking. Background In accordance with the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), TSA prepared an Initial Regulatory Flexibility Analysis
(IRFA)of the proposed rail transportation security rule. On December 28, 2006, TSA made the IRFA available in the public docket for this rulemaking as part of the comprehensive Regulatory Impact Assessment. However, TSA inadvertently omitted the summary of the IRFA when we published the NPRM in the **Federal Register** on December 21, 2006 (71 FR 76852). To correct this oversight, TSA decided to publish in this document, the same IRFA, in its entirety, in the **Federal Register** . No new information is being added to the analysis with this document, but TSA is providing an additional means for the public to see this information. Initial Regulatory Flexibility Analysis You may find the following IRFA, as reproduced below verbatim from the public docket for this rulemaking, in Section 7 of the Regulatory Impact Assessment, beginning on page 36. In this analysis, we note several abbreviations:
(1)North American Classification System (NAICS);
(2)Environmental Protection Agency's Risk Management Program (RMP);
(3)Rail Security Coordinators (RSCs); and
(4)Small Business Administration (SBA). You may view or download the IRFA directly from the public docket at *http://dmses.dot.gov/docimages/pdf99/434562_web.pdf* . 7. Initial Regulatory Flexibility Analysis In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612), TSA prepared this Initial Regulatory Flexibility Analysis
(IRFA)that examines the impacts of the proposed rule on small entities (5 U.S.C. 601 *et seq.* ). A small entity may be:
(1)A small business, defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act (5 U.S.C. 632);
(2)a small not-for-profit organization; or
(3)a small governmental jurisdiction (locality with fewer than 50,000 people). This IRFA addresses the following: 1. The objectives of and legal basis for the proposed rule; 2. The reason the agency is considering this action; 3. The number and types of small entities to which the rule applies; 4. Projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including the classes of small entities that will be subject to the requirements and the type of professional skills necessary for preparation of the reports and records; 5. Other relevant Federal rules that may duplicate, overlap, or conflict with the proposed rule; and 6. Significant alternatives to the component under consideration that accomplish the stated objectives of applicable statutes and may minimize any significant economic impact of the proposed rule on small entities. 7.1 Background and Legal Authority In response to the attacks on September 11, 2001, Congress passed the Aviation and Transportation Security Act (ATSA), 1 which established the Transportation Security Administration (TSA). TSA was created as an agency within the Department of Transportation (DOT), operating under the direction of the Under Secretary of Transportation for Security. On March 1, 2003, TSA was transferred to the Department of Homeland Security
(DHS)and the officer formerly designated Under Secretary for Transportation Security, DOT, is now the Assistant Secretary, Transportation Security Administration (TSA), Department of Homeland Security (DHS). 1 Public Law 107-71, 115 Stat. 597 (November 19, 2001). TSA has the responsibility for enhancing security in all modes of transportation. Under ATSA, and delegated authority from the Secretary of Homeland Security, TSA has broad responsibility and authority for “security in all modes of transportation * * * including security responsibilities” over modes of transportation that are exercised by the Department of Transportation.” 2 TSA has additional authorities as well. TSA is specifically empowered to develop policies, strategies, and plans for dealing with threats to transportation. 3 As part of its security mission, TSA is responsible for assessing intelligence and other information to identify individuals who pose a threat to transportation security and to coordinate countermeasures with other Federal agencies to address such threats. 4 TSA also is to enforce security-related regulations and requirements, 5 ensure the adequacy of security measures for the transportation of cargo, 6 oversee the implementation, and ensure the adequacy, of security measures at transportation facilities, 7 and carry out other appropriate duties relating to transportation security. 8 TSA has broad regulatory authority to achieve ATSA's objectives, and may issue, rescind, and revise such regulations as are necessary to carry out TSA functions, 9 and may issue regulations and security directives without notice or comment or prior approval of the Secretary of DHS. 10 TSA is also charged with serving as the primary liaison for transportation security to the intelligence and law enforcement communities. 11 2 *See* , 49 U.S.C. 114(d). The TSA Assistant Secretary's current authorities under ATSA have been delegated to him by the Secretary of Homeland Security. Under Section 403(2) of the Homeland Security Act
(HSA)of 2002, Pub. L. 107-296, 116 Stat. 2315 (2002), all functions of TSA, including those of the Secretary of Transportation and the Undersecretary of Transportation of Security related to TSA, transferred to the Secretary of Homeland Security. Pursuant to DHS Delegation Number 7060.2, the Secretary delegated to the Assistant Secretary (then referred to as the Administrator of TSA), subject to the Secretary's guidance and control, the authority vested in the Secretary with respect to TSA, including that in Section 403(2) of the HSA. 3 49 U.S.C. 114(f)(3). 4 49 U.S.C. 114(f)(1)-(5); (h)(1)-(4). 5 49 U.S.C. 114(f)(7). 6 49 U.S.C. 114(f)(10). 7 49 U.S.C. 114(f)(11). 8 49 U.S.C. 114(f)(15). 9 49 U.S.C. 114(l)(1). 10 49 U.S.C. 114(l)(2). 11 49 U.S.C. 114(f)
(1)and (5). TSA's authority with respect to transportation security is comprehensive and supported with specific powers related to the development and enforcement of regulations, security directives, security plans, and other requirements. Accordingly, under this authority, TSA may assess a security risk for any mode of transportation, develop security measures for dealing with that risk, and enforce compliance with those measures. TSA's legal authority is supported by National policy. On December 17, 2003, the President issued Homeland Security Presidential Directive 7 (HSPD-7, Critical Infrastructure Identification, Prioritization, and Protection), which “establishes a national policy for Federal departments and agencies to identify and prioritize United States critical infrastructure and key resources and to protect them from terrorist attacks.” 12 In recognition of the lead role assigned to DHS for transportation security, and consistent with the powers granted to TSA by ATSA, the directive provides that the roles and responsibilities of the Secretary of DHS include coordinating protection activities for “transportation systems, including mass transit, aviation, maritime, ground/surface, and rail and pipeline systems.” 13 In furtherance of this coordination process, HSPD-7 provides that DHS and DOT will “collaborate on all matters relating to transportation security and transportation infrastructure protection.” 14 *See* , HSPD-7, Paragraph 22(h). 12 HSPD-7, Paragraph 1. 13 HSPD-7, Paragraph 15. 14 HSPD-7, Paragraph 22(h). In accordance with the September 2004 Memorandum of Understanding
(MOU)between DHS and DOT, both Departments share responsibility for rail and hazardous materials transportation security. The two departments consult and coordinate on security-related rail and hazardous materials transportation requirements to ensure they are consistent with overall security policy goals and objectives and the regulated industry is not confronted with inconsistent security guidance or requirements promulgated by multiple agencies. 7.2 Statement of Need for the Proposed Action TSA developed the proposed rule to mitigate threats and vulnerabilities in the rail transportation network. In the United States, freight rail transportation systems transport hundreds of millions of dollars worth of freight and employ hundreds of thousands of individuals on an annual basis. 15 Furthermore, passenger systems, including passenger rail carriers as well as mass transit systems, carry millions of people daily throughout the country. 15 U.S. Department of Transportation, Research and Innovative Technology Administration, Bureau of Transportation Statistics, *Pocket Guide to Transportation 2006* (Washington, D.C.: Bureau of Transportation Statistics, 2006). Rail transportation networks “ both passenger and freight” are vulnerable to a variety of transportation security incidents. In the past, terrorists have targeted passenger rail transportation systems to inflict mass casualties ( *e.g.* Tokyo 1995; Moscow 2000, 2001, and 2004; Madrid 2004; London 2005; and Mumbai 2006). When transporting certain materials, freight rail systems also represent potential terrorist targets. Although not the result of a deliberate attack, the incident involving a ruptured chlorine tank car in Graniteville, South Carolina, killed nine people and injured hundreds more. These incidents highlight the fact that hazardous materials in rail transportation and rail passenger systems are possible targets of terrorism intended to inflict hundreds or even thousands of fatalities, with direct and indirect costs from transportation system disruption that could total billions of dollars. The Notice of Proposed Rulemaking attempts to reduce the probability that such an event would occur by:
(1)Requiring the protection of sensitive security information in the rail sector;
(2)giving TSA authority to conduct inspections of rail security operations;
(3)requiring the designation of Rail Security Coordinators;
(4)requiring covered entities to have the ability to report on rail car locations;
(5)requiring covered entities to report significant security concerns to TSA; and
(6)requiring covered entities to establish a chain of custody and control standards for certain hazardous shipments. 7.3 Description and Estimated Number of Small Entities The regulated entities are divided into railroad carriers, transit systems, and rail hazmat facilities. Rail hazmat facilities are primarily chemical manufacturers although some wholesalers may also ship chemicals. In addition, some ammonia producers classify themselves as support activities for agriculture or agricultural wholesalers. Figure 1 provides the NAICS codes and SBA standards for defining small entities for the sectors expected to be affected by the rule. Figure 1.—Firm Size Standards Industry NAICS Small business standard Line Haul railroads 482111 1,500 FTE. Short line railroads 482112 500 FTE. Transit Systems 485 $6.5 million. Petrochemical manufacturing 32511 1,000 FTE. Alkalis and chlorine manufacturing 325181 1,000 FTE. All other basic inorganics 325188 1,000 FTE. All other basic organics 325199 1,000 FTE. Plastic and resin manufacturing 32511 750 FTE. Nitrogen fertilizer manufacturing 325311 1,000 FTE. Other chemical manufacturing 325 500-1,000 FTE. Support activities for rail 48821 $6.5 million. Petroleum refineries 32411 1,500 FTE. Pulp and paper mills 3221 750 FTE. Support activities for agriculture 1151 $6.5 million. Chemical wholesalers 42469 100 FTE. Agricultural wholesalers 42491 100 FTE. Electric utilities 2111 <4 m megawatt hours/year. Water and sewage systems, private 2213 $6.5 million. Water and sewage systems, public 92 <50,000 people serviced. Source: Small Business Administration. Overall, of all the regulated parties, TSA identified 654 entities that may meet the SBA definition of small entity. The number of small rail carriers potentially affected by the rule is difficult to estimate accurately because most local rail carriers are privately owned. Based on AAR data on employment and revenues, TSA assumed that all rail carriers except the seven Class I railroads are small entities. 16 This assumption may be conservative because some private companies own a number of local railroads and may exceed the 500 FTE size limits. Figure 2 presents the AAR data on the number of railroads, average revenues, and average number of FTEs. 16 Association of American Railroads, “ *Overview of U.S. Freight Railroads* ,” January 2006. Figure 2.—Railroad Types by Average Revenue and Number of Employees Type Number Average freight revenue Average number of FTEs Class I 7 $5,590,000,000 21,100 Regional 31 45,483,871 239 Local 314 3,121,019 17 Switching and Terminal 204 3,137,255 32 Source: American Association of Railroads. BTS list 152 transit systems (21 commuter rail systems, 45 rail transit systems, 86 other rail transit systems). 17 Of these, 86 are listed as “other,” and include cable car, inclined plane, monorail, and automated guideway. 18 As shown in Figure 3, only the systems in the “other” category have average passenger revenues of less than $6.5 million, which is the SBA standard for small transit entities. The other transit systems not only have average passenger revenues that exceed the standard, but are generally also operated by governmental entities that receive support from federal and state governments. It is unlikely that local governments that meet the SBA standard for small governments (50,000 people served) operate rail transit systems. Consequently, TSA has included only the “other” entities as potentially affected small entities. 17 Bureau of Transportation Statistics, National Transportation Statistics, Modal Profile Transit Systems, Updated April 2005. Note, however, that four of the 152 transit system listed by BTS are classified as trolley bus and would not be covered by this proposed rule. This is represented in Figure 22, which only shows 41 transit systems (14 heavy rail and 27 light rail). 18 The estimate for “Other Rail Transit Systems” impacted by the proposed rule shown in Figure 22 is conservative because it includes conveyances such as vanpool and aerial tramway, which would not be affected by this NPRM. Figure 3.—Transit Systems by Average Revenues Type Number Average annual passenger revenue Heavy Rail 14 $189,590,000 Light Rail 27 8,490,000 Commuter Rail 21 73,910,000 Other 86 590,000 Source: BTS. Of the 241 rail hazmat facilities identified from the RMP data, there are 36 facilities that may be small entities (fewer than 500 employees for manufacturers or 100 for wholesalers and not obviously part of larger corporations). Of the 36 identified small entities, only a certain subset may incur costs for rail secure areas. As explained in Section 5.6.1, only facilities with a range of less than five to less than 21 employees are expected to incur incremental costs related to creating secure storage areas, while all would incur costs for the other requirements. Figure 4 presents the RMP data distribution by FTE for hazmat facilities that may be SBA-defined small entities. Of the total facilities assumed to be small, seven have 10 to 19 employees; 17 have 20-49 employees; six have 50-99 employees; and 6 have 100-499. 19 19 The number of facilities that actually are part of firms that meet the small entity definitions may be lower. TSA excluded only those facilities that could be clearly identified as belonging to corporations or municipalities that exceed the SBA standards. Figure 4.—Affected Small Rail Hazmat Facilities Number of FTEs Rail hazmat facilities 100-499 6 50-99 6 20-49 17 10-19 7 1-9 0 Potential Small Entities 36 Facilities with FTE > 499 205 Total Rail Hazmat Facilities 241 Source: TSA Calculations. 7.4 Description of Compliance Requirements Railroads will have to submit the name(s) of and engage in training of the RSC, document chain of custody transfers, and file incident reports and car location reports as needed. TSA assumed that regional and local carriers handled hazmat shipments in proportion to their percentage of total freight carried. Again, this assumption may be conservative because it is likely that Class I carriers move most chemicals. Figure 5 presents the costs for an average regional, local, and S&T rail carrier to comply with the requirements. Figure 5.—Average Costs to Railroads by Size Requirement Unit cost # Activities/year Regional Local S & T RSC $91 2 $182 $182 $182 Incident Report 63 2 126 126 126 Chain of Custody 4,969,723 Weighted by % of Revenue 5,362 368 370 Location 91 1 91 91 91 Total 5,761 767 769 Source: TSA Calculations. As discussed above, only the 86 transit systems in the “other” category in Figure 3 are expected to be small entities according to SBA standards. 20 These small transit systems will only incur unit costs for submission of RSC information and incident reporting. Both the RSC and incident reporting costs are expected to be incurred on average just once per year per small transit system, resulting in average costs per system of just $245, as shown in Figure 6. 20 Again, it is important to note that the estimate of 86 “Other Rail Transit Systems” impacted by the rule is in all likelihood conservative. Figure 6.—Average Costs for Small Transit Systems Requirement Unit cost A # of Activities/year B Regional A × B RSC $91.00 2 $182 Incident Report 63.00 1 63 Total 245 Source: TSA Calculations. As explained above, the cost for hazmat facilities includes the cost of adding fencing, training, and inspections, plus the types of cost incurred by railroads. TSA assumed that each facility will train 10 workers and the number of inspections per small facility is based on the assumption that the number of inspections is proportional to the quantity of chemical held. The 36 small rail hazmat facilities represent about 6.5 percent of the affected chemicals; therefore 6.5 percent of the inspections were divided among the 36 firms to estimate 384 inspections a year. Figure 7 presents the average costs for a hazmat facility. Because fencing is a capital cost, Figure 7 also presents the cost based on amortizing the fencing cost over 10 years at 7% discount rate. 21 21 Note that calculations in Figure 23 may be off due to rounding. Figure 7.—Average Costs for Small Rail Hazmat Facilities Requirement Unit cost A # B First-year cost A × B Annualized Secure Storage Area $16,150 1 $16,150 $2,299 RSC 91 2 182 182 Training 63 10 630 630 Inspections 32 384 12,096 12,096 Incident Report 63 1 63 63 Chain of Custody 42,481 1 42,481 42,481 Location Reporting 91 1 91 91 Total 71,693 57,842 Source: TSA Calculations. Figure 8 presents the average costs as a percent of average sales. As can be seen, some small entities categorized as chemical or agricultural wholesalers may incur costs that exceed one percent of annual sales. TSA requests comment on whether the rule will have a significant economic impact on a substantial number of small entities. Figure 8.—Average First-Year Compliance Costs as a Percent of Revenue Type Average first-year cost A Average revenue B Cost as a percent of revenue (percent) A/B Regional $5,761 $45,483,871 0.01 Local 767 3,121,019 0.02 S & T 769 3,137,255 0.02 Small Transit 245 590,000 0.04 Chemical Manufacturer, 10-19 FTE 71,693 18,637,676 0.38 Chemical Wholesaler, 10-19 FTE 71,693 6,184,695 1.16 Agricultural Wholesaler, 10-19 FTE 71,693 6,062,925 1.18 Source: TSA Calculations. 7.5 Identification of Duplication, Overlap, and Conflict With Other Rules TSA has no knowledge of any duplicative, overlapping, or conflicting Federal rules. 7.6 Preliminary Conclusion Based on this preliminary analysis, TSA has not determined if the rulemaking would have a significant economic impact on a substantial number of small entities under section 605(b) of the RFA (5 U.S.C. 601 *et seq.* ). The agency requests comment on all aspects of this analysis. TSA will publish a Final Regulatory Flexibility Analysis for the Final Rule. Issued in Arlington, Virginia, on February 12, 2007. Mardi Ruth Thompson, Deputy Chief Counsel for Regulations. [FR Doc. 07-715 Filed 2-13-07; 10:44 am]
Connectionstraces to 21
Traces to 21 documents
register
U.S. Code
- Federal Aviation Administration§ 106
- Findings§ 2701
- National primary and secondary ambient air quality standards§ 7409
- Definitions§ 601
- Establishment, functions, and activities§ 272
- Purposes§ 3501
- Congressional findings and declaration of purpose§ 7401
- Flood elevation determinations§ 4104
- Congressional findings and declaration of purpose§ 4001
- Transportation Security Administration§ 114
CFR
statutes-at-large
19 references not yet in our index
- 14 CFR 39
- 25 CFR 547
- 26 CFR 301
- 40 CFR 52
- 42 USC 7470-7515
- 42 USC 7470-7492
- 42 USC 7501-7515
- 413 F.3d 3
- 40 CFR 51
- Pub. L. 104-4
- 44 CFR 67
- 44 CFR 67.4(a)
- 44 CFR 60.3
- 44 CFR 10
- 5 USC 601-612
- 5 USC 632
- Pub. L. 107-71
- Pub. L. 107-296
- 116 Stat. 2315
Citation graph
cites case law
Rules and Regulations
Notice of proposed rulemaking (NPRM)
F. App'x413 F.3d 3
Cite14 CFR 39
Cite25 CFR 547
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