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--- schema: federal-register doc_type: fedreg source_file: FR-2007-02-23.xml --- 72 36 Friday, February 23, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service RULES Hawaiian and territorial quarantine notices: Bell pepper, eggplant, Italian squash, and tomato moved interstate from Hawaii; vapor heat treatment approval, 8087-8089 E7-3124 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 8165-8166 E7-3099 Committees; establishment, renewal, termination, etc.:
National Institute for Occupational Safety and Health— Scientific Counselors Board, 8166 E7-3103 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 8166 E7-3102 National Center for Environmental Health/Agency for Toxic Substances and Disease Registry— Scientific Counselors Board, 8166-8167 E7-3100 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 8167-8169 E7-3026 E7-3028 E7-3032 Committees; establishment, renewal, termination, etc.:
Ambulatory Payment Classification Groups Advisory Panel, 8169-8171 E7-3040 Medicare: Competitive acquisition plan for Part B drugs; supplemental election period for provider participation, 8176-8177 E7-3037 Medicare and Medicaid: Deeming authority applications, approvals, denials, etc.— Commission on Office Laboratory Accreditation, 8171-8172 E7-3025 Joint Commission; CLIA accreditation organization approval, 8173-8174 E7-3030 Organ procurement organizations; hospitals requesting waivers; applications, 8174-8176 E7-3044 Meetings:
Healthcare Common Procedure Coding System; coding and payment determinations, 8177-8179 E7-3034 Medicare— Medicare hospital value-based purchasing plan, 8179-8180 E7-3048 Coast Guard Coast Guard RULES Drawbridge operations: New Jersey, 8111-8112 07-860 Great Lakes pilotage regulations: Rate adjustments, 8115-8132 E7-3061 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Upper Chesapeake Bay and C & D Canal; MD, VA, and Washington DC, 8112-8114 E7-3056 Commerce Commerce Department See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, E7-3125 8149-8150 E7-3130 Commodity Commodity Futures Trading Commission RULES Commodity pool operators and commodity trading advisers:
Advertising; restrictions, clarifications, etc., 8106-8109 E7-3122 Customs Customs and Border Protection Bureau RULES Automated Commercial Environmental Truck Manifest System: Advance electronic truck cargo information requirement; land border ports compliance sequence, 8109-8111 07-829 Defense Defense Department See Navy Department Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 8153 E7-3109 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.:
Women in Apprenticeship and Nontraditional Occupations Program, 8201-8202 E7-3038 EPA Environmental Protection Agency PROPOSED RULES Acquisition regulations: Environmentally preferable meeting and conference services; prescription and solicitation provision, 8143-8145 E7-3114 Air quality implementation plans; approval and promulgation; various States: Wisconsin; public hearings, 8138-8139 07-826 NOTICES Environmental statements; availability, etc.: Agency comment availability, 8153-8154 E7-3113 Agency weekly receipts, 8154-8155 E7-3112 Meetings:
Science Advisory Board, 8155-8156 E7-3115 E7-3116 Water pollution control: Marine sanitation device standard; petitions, determinations, etc.— Connecticut, 8156-8159 07-825 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Superior Air Parts, Inc., 8089-8099 E7-2985 Class E airspace, 8099-8100 E7-3049 E7-3052 IFR altitudes, 8100-8106 E7-3051 PROPOSED RULES Airworthiness directives: Reims Aviation S.A., 8134-8136 E7-3101 Class E airspace, 8136-8138 E7-3050 E7-3053 NOTICES Aeronautical land-use assurance; waivers:
Douglas Municipal Airport, GA, 8248-8249 07-807 Rickenbacker International Airport, OH, 8249-8250 07-803 Waterloo Regional Airport, IA, 8250 07-802 Airport noise compatibility program: Noise exposure maps— Austin-Bergstrom International Airport, TX, 8250-8251 07-806 FCC Federal Communications Commission RULES Radio frequency devices: Ultra-wideband transmission systems; unlicensed operation; effective date, 8132 E7-3060 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 8159-8160 E7-3073 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Change in bank control, 8160 E7-3095 Formations, acquisitions, and mergers, 8161 E7-3096 FTC Federal Trade Commission NOTICES Prohibited trade practices: DirectRevenue LLC et al., 8161-8163 E7-3058 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, determinations, etc., E7-3129 8193-8195 E7-3132 E7-3134 E7-3138 Endangered and threatened species permit applications, determinations, etc., 8195-8196 E7-3133 Environmental statements; notice of intent:
Back Bay National Wildlife Refuge, VA; comprehensive conservation plan, 8196-8197 E7-3110 Innoko National Wildlife Refuge, AK; comprehensive conservation plan, 8197 E7-3108 Wapack National Wildlife Refuge, NH; comprehensive conservation plan, 8197-8198 E7-3111 Marine mammal permit applications, determinations, etc., 8198 E7-3131 Meetings: Trinity Adaptive Management Working Group, 8198-8199 E7-3106 Food Food and Drug Administration RULES Color and food additives: Meat and poultry products; substances approved; effective date, 8111 07-801 NOTICES Human drugs:
Patent extension; regulatory review period determinations— AMITIZA, 8183-8184 E7-3128 BARACLUDE, 8181-8182 E7-3042 EXJADE, 8180-8181 E7-3041 S8 OVER-THE-WIRE SYSTEM, 8182-8183 E7-3127 Pediatric Research Equity Act of 2003; approved suitability petitions withdrawn, 8184-8189 E7-3043 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Substance Abuse and Mental Health Services Administration NOTICES Meetings:
American Health Information Community, 8164-8165 07-812 07-816 07-817 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-3064 8191-8192 E7-3065 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 8192-8193 E7-3047 Grants and cooperative agreements; availability, etc.:
Homeless assistance; excess and surplus Federal properties, 8193 07-769 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau PROPOSED RULES Minerals management: Mining claims under general mining laws; surface management, 8139-8142 E7-3077 NOTICES Environmental statements; availability, etc.: Bald Mountain Ski Resort, ID; master development plan, 8199-8200 E7-3083 Withdrawal and reservation of lands:
Colorado, 8200-8201 E7-3085 Wyoming, 8201 E7-3084 Legal Legal Services Corporation RULES Legal assistance eligibility; maximum income guidelines, 8114-8115 E7-3074 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: ADMIRAL II, 8251 E7-3079 ALTAIR, 8251-8252 E7-3080 EXPEDITION, 8252 E7-3081 PELICAN, 8253 E7-3062 SORTE, 8253-8254 E7-3078 WHIRLWIND, 8254 E7-3082 Mine Mine Safety and Health Administration NOTICES Petitions for safety standards modification; summary of affirmative decisions, 8202-8205 E7-3120 E7-3121 Mississippi Mississippi River Commission NOTICES Meetings;
Sunshine Act, 8205-8206 07-849 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 8206 E7-3054 E7-3200 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 8133 07-828 Pollock, 8132-8133 07-827 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— South Atlantic Fishery Management Council; public hearings, 8145 E7-3126 Meetings:
Western Pacific Management Council, 8145-8148 E7-3137 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 8150 E7-3057 Reports and guidance documents; availability, etc.: West Coast States and Western Pacific fisheries— Northwestern Hawaiian Islands; commercial lobster; 2007 harvest guideline, 8150-8151 E7-3147 Scientific research permit applications, determinations, etc., 8151 E7-3149 National Science National Science Foundation NOTICES Meetings: Astronomy and Astrophysics Advisory Committee, 8206 E7-3059 Navy Navy Department NOTICES Environmental statements; availability, etc.:
Naval Air Station Oceana, VA and Marine Corps Air Station Cherry Point, NC; introduction of F/A-18 E/F (Super Hornet) aircraft; public hearings, 8151-8153 E7-3045 Patent licenses; non-exclusive, exclusive, or partially exclusive: Hanson Technologies, Inc., 8153 E7-3104 Presidential Presidential Documents PROCLAMATIONS *Special observances:* 275th Anniversary of the Birth of George Washington (Proc. 8106), 8257-8260 07-868 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 8206-8207 E7-3039 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-3027 8207-8209 E7-3092 E7-3097 E7-3098 Investment Company Act of 1940:
Wilshire Variable Insurance Trust, et al., 8209-8215 E7-3068 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 8215-8216 E7-3090 Depository Trust Co., 8217-8218 E7-3072 International Securities Exchange, LLC, 8218-8222 E7-3069 E7-3075 E7-3094 Municipal Securities Rulemaking Board, 8222-8227 E7-3091 NASDAQ Stock Market LLC, 8227-8233 E7-3076 E7-3093 New York Stock Exchange LLC, 8233-8234 E7-3066 NYSE Arca, Inc., 8234-8236 E7-3067 Options Clearing Corp., 8236-8237 E7-3071 Philadelphia Stock Exchange, Inc., 8238-8244 E7-3070 E7-3089 SBA Small Business Administration NOTICES Disaster loan areas:
Illinois, 8244-8245 E7-3086 Missouri, 8245 E7-3087 Washington, 8245 E7-3088 State State Department NOTICES Presidential permits: International border crossings; new permitting authority; interpretation, 8245-8248 E7-3123 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8189-8190 E7-3107 Meetings: SAMHSA National Advisory Council, 8190-8191 E7-3105 Surface Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 8254-8255 E7-3148 Railroad services abandonment:
Chillicothe-Brunswick Rail Maintenance Authority, 8255 E7-3179 Missouri North Central Railroad, 8255-8256 E7-3146 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See Surface Transportation Board Veterans Veterans Affairs Department NOTICES National cemeteries: Government-furnished graveliners; monetary allowance for private purchase of outer burial receptacles, 8256 E7-3136 Separate Parts In This Issue Part II The President, 8257-8260 07-868 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 36 Friday, February 23, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Parts 305 and 318 [Docket No. APHIS-2006-0027] RIN 0579-AC15 Interstate Movement of Fruits and Vegetables From Hawaii AGENCY:
Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations to remove vapor heat treatment as an approved treatment for bell pepper, eggplant, Italian squash, and tomato moved interstate from Hawaii. This action is necessary because these four commodities can serve as hosts for the solanum fruit fly, which has been detected in Hawaii. Vapor heat treatment is not an approved treatment for that pest. We are also providing for the use of irradiation as an approved treatment for all *Capsicum* spp.
(peppers) and *Cucurbita* spp. (squash) moved interstate from Hawaii. This action will relieve unnecessary restrictions on the interstate movement of peppers and squash and allow a greater variety of *Capsicum* spp. and *Cucurbita* spp. to be moved interstate from Hawaii. EFFECTIVE DATE: March 26, 2007. FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236;
(301)734-8758. SUPPLEMENTARY INFORMATION: Background The Hawaiian fruits and vegetables regulations, contained in 7 CFR 318.13 through 318.13-17 (referred to below as the regulations), govern, among other things, the interstate movement of fruits and vegetables from Hawaii. Regulation is necessary to prevent the spread of dangerous plant diseases and pests that occur in Hawaii. Some fruits and vegetables regulated under the Hawaiian fruits and vegetables regulations are allowed to move interstate if they are treated with an approved treatment for certain plant pests. Lists of approved treatments for these fruits and vegetables and requirements for conducting these treatments are contained in 7 CFR part 305. On October 11, 2006, we published in the **Federal Register** (71 FR 59694-59696, Docket No. APHIS-2006-0027) a proposal 1 to amend the regulations by removing vapor heat treatment as an approved treatment for bell pepper, eggplant, Italian squash, and tomato moved interstate from Hawaii. We proposed this action because these four commodities can serve as hosts for the solanum fruit fly, which has been detected in Hawaii, and vapor heat treatment is not an approved treatment for that pest. We also proposed to provide for the use of irradiation as an approved treatment for all *Capsicum* spp. (peppers) and *Cucurbita* spp. (squash) moved interstate from Hawaii. Treatment with irradiation is approved to neutralize all fruit flies of the family Tephritidae. 1 To view the proposed rule go to *http://www.regulations.gov* , click on the ``Advanced Search'' tab, and select ``Docket Search.'' In the Docket ID field, enter APHIS-2006-0027, then click ``Submit.'' Clicking on the Docket ID link in the search results page will produce a list of all documents in the docket. We solicited comments concerning our proposal for 60 days ending December 11, 2006. We did not receive any comments. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule, without change. Executive Order 12866 and Regulatory Flexibility Act This final rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This rule is in response to a species of fruit fly that has been detected in Hawaii, the solanum fruit fly ( *Bactrocera latifrons* ). Bell peppers, eggplant, Italian squash, and tomatoes are the four commodities for which vapor heat treatment has been an approved treatment that are affected by the solanum fruit fly. Because limited research has been done regarding the effectiveness of vapor heat treatment at neutralizing solanum fruit fly, APHIS is removing vapor heat treatment from the list of approved treatments for bell peppers, eggplant, Italian squash, and tomatoes moved interstate from Hawaii. While vapor heat treatment will no longer be an approved treatment, irradiation is an approved treatment for the interstate movement of bell peppers and Italian squash from Hawaii. We are amending the regulations to approve irradiation as a treatment for all species of the genus *Capsicum* (peppers), not just bell peppers, and all species of the genus *Cucurbita* (squash), not just the Italian squash. APHIS has previously determined that an irradiation dose of 150 gray is sufficient to neutralize all fruit flies that affect *Capsicum* spp. and *Cucurbita* spp. in Hawaii, including the solanum fruit fly. Approximately $15.4 million worth of eggplant, green peppers, Italian squash, Oriental squash, and tomatoes were produced in the State of Hawaii in 2004, amounting to 52 million pounds (table 1). However, none of the eggplant, green peppers, Italian squash, or tomatoes produced in Hawaii in 2004 was moved interstate to the U.S. mainland. According to the Hawaii Department of Agriculture, none of these commodities has been moved interstate from Hawaii to the U.S. mainland within the last 2 years. Table 1.—Production and Value of Hawaiian Eggplant, Peppers, Squash, and Tomatoes, 2004 Commodity Quantity
(lb)Value Eggplant 1,050,000 $809,000 Peppers (Green) 3,200,000 2,208,000 Squash (Italian, Oriental) 2,350,000 1,263,000 Tomatoes 16,800,000 11,088,000 Total 52,200,000 15,368,000 Source: USDA, Hawaii Agricultural Statistics, 2006. The regulations will continue to give Hawaiian entities the opportunity to move *Capsicum* spp. and *Cucurbita* spp. interstate. While vapor heat treatment will no longer be an approved treatment for bell peppers and Italian squash, irradiation will become an approved treatment for all *Capsicum* spp. and *Cucurbita* spp. Irradiation will continue to be an approved treatment for eggplant and tomatoes as well. Accordingly, we do not expect that this rule will have a significant economic impact on a substantial number of small entities. This rule is necessary to safeguard the U.S. mainland from the introduction of solanum fruit fly ( *Bactrocera latifrons* ). Because in recent years eggplant, peppers, squash, and tomatoes have not been moved interstate from Hawaii, the rule is not expected to have a significant impact on small or large entities. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:
(1)Preempts all State and local laws and regulations that are inconsistent with this rule;
(2)has no retroactive effect; and
(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Lists of Subjects 7 CFR Part 305 Irradiation, Phytosanitary treatment, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements. 7 CFR Part 318 Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin Islands. Accordingly, we are amending 7 CFR parts 305 and 318 as follows: PART 305—PHYTOSANITARY TREATMENTS 1. The authority citation for part 305 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 2. In § 305.2, in the table in paragraph (h)(2)(ii), the entry for Hawaii is amended as follows: a. By removing the entries for “Bell pepper” and “Squash, Italian”. b. By adding, in alphabetical order, entries for “ *Capsicum* spp. (peppers)” and “ *Cucurbita* spp. (squash)” to read as set forth below. c. By revising the entries for “Eggplant” and “Tomato” to read as set forth below § 305.2 Approved treatments.
(h)* * *
(2)* * *
(ii)* * * Location Commodity Pest Treatment schedule * * * * * * * Hawaii * * * * * * * *Capsicum* spp. (peppers) Fruit flies of the family Tephritidae IR. * * * * * * * *Cucurbita* spp. (squash) Fruit flies of the family Tephritidae IR. Eggplant Fruit flies of the family Tephritidae IR. * * * * * * * Tomato Fruit flies of the family Tephritidae *Ceratitis capitata* IR. MB T101-c-3. * * * * * * * 3. In § 305.34, in paragraph (a)(1), the table is amended as follows: a. By removing the entries for “Bell pepper” and “Italian squash”. b. By adding, in alphabetical order, entries for “ *Capsicum* spp. (peppers)” and “ *Cucurbita* spp. (squash)” to read as set forth below. § 305.34 Irradiation treatment of certain fruits and vegetables from Hawaii, Puerto Rico, and the U.S. Virgin Islands.
(a)* * *
(1)* * * Irradiation for Plant Pests in Hawaiian Fruits and Vegetables Commodity Dose
(gray)* * * * * *Capsicum* spp. (peppers) 150 * * * * * *Cucurbita* spp. (squash) 150 * * * * * PART 318—HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES 4. The authority citation for part 318 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. § 318.13-4b [Amended] 5. In § 318.13-4b, paragraph
(b)is amended as follows: a. By removing the words “bell peppers” and adding the words “ *Capsicum* spp. (peppers)” in their place. b. By adding the words “ *Cucurbita* spp. (squash),” after the word “carambolas,”. c. By removing the words “Italian squash,”. § 318.13-4f [Amended] 6. Section 318.13-4f is amended as follows: a. By removing the words “bell pepper” and adding the words “ *Capsicum* spp. (peppers)” in their place. b. By adding the words “ *Cucurbita* spp. (squash),” after the word “carambola,”. c. By removing the words “Italian squash,”. Done in Washington, DC, this 16th day of February 2007. W. Ron DeHaven, Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-3124 Filed 2-22-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25948; Directorate Identifier 2006-NE-32-AD; Amendment 39-14951; AD 2007-04-19] RIN 2120-AA64 Airworthiness Directives; Superior Air Parts, Inc. (SAP), Cast Cylinder Assemblies Part Numbers Series: SA47000L, SA47000S, SA52000, SA55000, SL32000W, SL32000WH, SL32006W, SL36000TW, SL36000W, and SL36006W AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain SAP cast cylinder assemblies installed in Teledyne Continental Motors
(TCM)470, 520, and 550 series reciprocating engines, Lycoming Engines
(LE)320, 360, and 540 series reciprocating engines, Avco Lycoming
(AL)540 series reciprocating engines, and Superior Air Parts, Inc.
(SAP)360 series reciprocating engines. This AD requires removing from service certain SAP part numbered (P/N) cast cylinder assemblies installed in TCM, LE, and AL reciprocating engines. This AD also requires removing from service certain cast cylinder assemblies installed as original equipment in SAP reciprocating engines, or in certain overhauled or repaired SAP reciprocating engines. This AD results from nine separated SAP cylinder assemblies in TCM reciprocating engines and one in LE reciprocating engines. We are issuing this AD to prevent cylinder separation that can lead to engine failure, a possible engine compartment fire, and damage to the airplane. DATES: This AD becomes effective March 12, 2007. We must receive any comments on this AD by April 24, 2007. ADDRESSES: Use one of the following addresses to comment on this AD: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *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. FOR FURTHER INFORMATION CONTACT: Jurgen Priester, Aerospace Engineer, Special Certification Office, FAA, Rotorcraft Directorate, Southwest Regional Headquarters, 2601 Meacham Blvd., Fort Worth, Texas 76137; telephone
(817)222-5159; fax
(817)222-5785. SUPPLEMENTARY INFORMATION: SAP informed the FAA on July 12, 2006, that at least nine SAP cylinder assemblies installed in TCM 470, 520, and 550 series reciprocating engines and one installed in LE 320, 360, and 540 series reciprocating engines had separated at the cylinder head-to-barrel threaded interface because SAP omitted a heat treat process step during cylinder barrel manufacture. This omission resulted in higher stresses in the cylinder head-to-barrel threaded interface, leading to fatigue cracking and cylinder head separation. The lowest time-in-service
(TIS)for a cylinder assembly known to have separated from this defect is 202 hours TIS. SAP isolated this defect to a specific production lot of 1,354 barrel forgings used as original equipment on SAP O-360 engines and in SAP PMA cylinder assemblies as replacement parts for various TCM, LE, and AL engine models. This AD addresses the barrels used in SAP PMA cylinders installed in the engines listed below. Cylinder Assembly Eligibility Series engines P/N cylinder assemblies TCM 470, 520, and 550 SA47000L-A1, SA47000L-A20P, SA47000S-A1, SA47000S-A20P, SA47000S-A21P, SA52000-A1, SA52000-A20P, SA52000-A21P, SA52000-A22P, SA52000-A23P, SA55000-A1, or SA55000-A20P. LE 320, 360, and 540 and AL IGO 540 SL32000W-A1, SL32000W-A20P, SL32000W-A21P, SL32000WH-A1, SL32000WH-A20P, SL32006W-A1, SL32006W-A20P, SL32006W-A21P, SL36000TW-A1, SL36000TW-A20P, SL36000TW-A21P, SL36000TW-A22P, SL36000W-A1, SL36000W-A20P, SL36000W-A21P, SL36006W-A1, SL36006W-A20P, or SL36006W-A21P. SAP 360 SL36006W-A20P. FAA's Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other TCM 470, 520, and 550; LE 320, 360, and 540; AL 540, and SAP 360 series reciprocating engines of the same type design with SAP cast cylinder assemblies that have as original equipment, or have been overhauled or repaired using SAP part numbers listed in the table above. For that reason, we are issuing this AD to prevent cylinder separation which can lead to engine failure, a possible engine compartment fire, and damage to the airplane. This AD requires removing from service installed SAP cast cylinder assemblies listed in the table above, no later than 150 hours total TIS to preclude cylinder head fatigue failure and separation at the head-to-barrel threaded interface. FAA's Determination of the Effective Date Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to send us any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES . Include “AD Docket No. FAA-2006-25948; Directorate Identifier 2006-NE-32-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. 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 AD. Using the search function of the DMS 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 AD, 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 DMS receives them. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. *For the reasons discussed above, I certify that this AD:* 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2007-04-19 Superior Air Parts, Inc.:** Amendment 39-14951. Docket No. FAA-2006-25948; Directorate Identifier 2006-NE-32-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective March 12, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Superior Air Parts, Inc. (SAP), cast cylinder assemblies, part numbers (P/Ns): SA47000L-A1, SA47000L-A20P, SA47000S-A1, SA47000S-A20P, SA47000S-A21P, SA52000-A1, SA52000-A20P, SA52000-A21P, SA52000-A22P, SA52000-A23P, SA55000-A1, SA55000-A20P installed in Teledyne Continental Motors
(TCM)470, 520, and 550 series reciprocating engines. These P/N cylinder assemblies may be installed in the TCM engine models listed in the following Table 1. Table 1.—Affected Teledyne Continental Engine Models Engine model O-470 -G, -K, -L, -M, -P, -R, -S, -U. IO-470 -C, -D, -E, -F, -G, -H, -L, -M, -N, -P, -R, -S, -U, -V. IO-520 -A, B, BA, C, CB, D, E, F, J, K, L, M, BB, MB. TSIO-520 -AF, B, BB, C, CE, D, DB, E, EB, G, H, J, JB, K, KB, L, LB, M, N, NB, P, R, T, UB, VB, WB. IO-550 -A, B, C, D, E, F, L. These engine models are installed in, but not limited to, the aircraft models listed in the following Table 2: Table 2.—Teledyne Continental Motors-Related Aircraft Models Engine model Aircraft manufacturer Aircraft model designation IO-470-C Beechcraft J, K, M35. IO-470-C Navion Navion. IO-470-D Cessna 310 G & H. IO-470-D Rockwell 200 A, B, & C. IO-470-E Cessna 210 & A. IO-470-F Bellanca 14-19-3. IO-470-F Cessna 185. IO-470-H Navion Range Master. IO-470-L Beechcraft B55 Baron. IO-470-M Gulfstream 500 A. IO-470-N Beechcraft N & P. IO-470-N Beechcraft G33. IO-470-S Cessna 210 B & C. IO-470-S Cessna 205. IO-470-U Cessna 310 I & J. IO-470-V/VO Cessna 310K, L, N, P, & Q. IO-520-A Cessna 210 D, E, F, G, & H. IO-520-A Cessna 206. IO-520-A Cessna P206. IO-520-A Rockwell 200 D. IO-520-B Beechcraft 36 Bonanza. IO-520-B Beechcraft A36. IO-520-B Navion Range Master. IO-520-BA Beechcraft A36. IO-520-BA Beechcraft S & V35, V35A, V35B. IO-520-BA Beechcraft C33 A. IO-520-BA Beechcraft E33 A & C. IO-520-BA Beechcraft F33 A & C. IO-520-BA Navion Range Master. IO-520-BB Beechcraft A36. IO-520-BB Beechcraft V35B. IO-520-BB Beechcraft F33 A. IO-520-C & CB Beechcraft C55-E55 Baron. IO-520-D Bellanca 17-30 Viking. IO-520-D Cessna A188-300 AG Truck. IO-520-D Cessna 185. IO-520-E (Cessna 310) Exec 600. IO-520-E (Beech Baron) Pres 600. IO-520-F Cessna 207. IO-520-F Cessna U206. IO-520-K Bellanca 17-30A. IO-520-L Cessna 210 K, L, M, N, & R. IO-520-L Cessna 210N II. IO-520-L Cessna 210R. IO-520-M Cessna 310R. IO-520-MB Cessna 310R. IO-550-A Cessna 310 Conversion. IO-550-B Beechcraft A36. IO-550-B (Beech Bonanza) Foxstar. IO-550-C Beechcraft 58 Baron. IO-550-D Cessna 185/188 Conversion. IO-550-E Cessna 310 Conversion. IO-550-F Cessna 206/207 Conversion. IO-550-L Cessna 210 Conversion. O-470-M Cessna 310. O-470-G Beechcraft H35. O-470-K Bellanca 14-19-2. O-470-K Cessna 180 (230 HP). O-470-L Cessna 182. O-470-L Cessna 180D. O-470-M Cessna 310 B. O-470-P Navion Navion. O-470-R Cessna 188-230. O-470-R Cessna 182. O-470-R Cessna 180 E-J. O-470-S Cessna 182. O-470-U Cessna 182. O-470-U Cessna 180 K. TSIO-520-AF Cessna P210N II. TSIO-520-B Cessna 320D, E & F. TSIO-520-B Cessna T310-Q & R. TSIO-520-BB Cessna T310R. TSIO-520-BE Piper PA-46-310 Malibu. TSIO-520-C Cessna T210 F, G, & H. TSIO-520-C Cessna TU206. TSIO-520-C Cessna TP206. TSIO-520-C&CB Beechcraft 58 Baron. TSIO-520-CE Cessna T210R. TSIO-520-CF Cessna P210R. TSIO-520-D Beechcraft V35, V35A, V35B-TC. TSIO-520-E Cessna 402, A & B. TSIO-520-E Cessna 401, A & B. TSIO-520-EB Cessna 335. TSIO-520-G Cessna T207. TSIO-520-H Cessna T210 J, K, & L. TSIO-520-J Cessna 210 J. TSIO-520-J Cessna 414. TSIO-520-J Riley Conversions 340 Super Riley. TSIO-520-L&LB Beechcraft 58P Baron. TSIO-520-L&LB Beechcraft 58TC Baron. TSIO-520-M Cessna T207. TSIO-520-M Cessna TU206. TSIO-520-N Cessna 414-II Chancellor. TSIO-520-N Cessna 340. TSIO-520-NB Cessna 414-II. TSIO-520-NB Cessna 340. TSIO-520-P Cessna P210N. TSIO-520-R Cessna T210 M. TSIO-520-R Cessna T210N II. TSIO-520-T Cessna T188C AG Husky. TSIO-520-UB Beechcraft A36TC Bonanza. TSIO-520-UB Beechcraft B36TC. TSIO-520-VB Cessna 402 C. TSIO-520-WB Beechcraft 58P Baron. TSIO-520-WB Beechcraft 58TC Baron. This AD also applies to SAP, cast cylinder assemblies, P/Ns SL32000W-A1, SL32000W-A20P, SL32000W-A21P, SL32000WH-A1, SL32000WH-A20P, SL32006W-A1, SL32006W-A20P, SL32006W-A21P, SL36000TW-A1, SL36000TW-A20P, SL36000TW-A21P, SL36000TW-A22P, SL36000W-A1, SL36000W-A20P, SL36000W-A21P, SL36006W-A1, SL36006W-A20P, and SL36006W-A21P installed in Lycoming Engines
(LE)320, 360, and 540 series reciprocating engines and Avco Lycoming 540 series reciprocating engines. These P/N cylinder assemblies may be installed in the LE and AL engine models listed in the following Table 3. Table 3.—Affected Lycoming Engines and Avco Lycoming Engine Models Engine model O-320 -A, -B, -C, -D, -E, H. IO-320 -B, -D, -E. LIO-320 -B. AIO-320 -A, -B, -C. AEIO-320 -D, -E. O-360 -A, -B, -C, -D, -F, -G, -J. IO-360 -B, -L, -M. LO-360 -A. AEIO-360 -B, -H. HO-360 -C. HIO-360 -B. O-540 -A, -B, -E, -F, -G, -H, -J. IO-540 -A, -C, -D, -N, -T, -V, -W. AEIO-540 -D. These engine models are installed in, but not limited to, the aircraft models listed in the following Table 4: Table 4.—Lycoming Engines and Avco Lycoming-Related Aircraft Models Engine model Aircraft manufacturer Aircraft model designation O-320-A Mooney Aircraft Mark 20A. O-320-A1A Piper Aircraft PA-23-150 Apache. O-320-A1A Piper Aircraft PA-22-150 Tri-Pacer. O-320-A1A Piper Aircraft PA-22S-150 Tri-Pacer. O-320-A1A Piper Aircraft PA-25 Pawnee. O-320-A1A Doyne Aircraft Doyn-Cessna 170,170A,170B. O-320-A1A Dinfia Ranquel 1A-46. O-320-A1A Simmering-Graz Pauker Flamingo SGP-M-222. O-320-A1A Aviamilano Scricciolo P-19. O-320-A1A Vos Helicopter Co Spring Bok. O-320-A1A Mooney Aircraft Mark 20A. O-320-A1B Piper Aircraft PA-22-150 Tri-Pacer. O-320-A1B Piper Aircraft PA-22S-150 Tri-Pacer. O-320-A1B Piper Aircraft PA-23 Apache. O-320-A1B Doyne Aircraft Doyn-Cessna 170,170A,170B. O-320-A1B S.O.C.A.T.A Horizon (Gardan). O-320-A2A Piper Aircraft PA-22-150. O-320-A2A Piper Aircraft PA-22S-150. O-320-A2A Piper Aircraft Agriculture PA-18A-150. O-320-A2A Piper Aircraft Super Cub PA-18-150. O-320-A2A Piper Aircraft Caribbean PA-22-150. O-320-A2A Piper Aircraft PA-25 Pawnee. O-320-A2A Lake Aircraft Colonial C1. O-320-A2A Intermountain Mfg. Co Call Air Texas A-5, A-5T. O-320-A2A Rawdon Bros Rawdon T-1, T-15, T-15D. O-320-A2A Shinn Engineering Shinn 2150-A. O-320-A2A Dinfia Ranquel 1A-46. O-320-A2A Neiva 1PD-5802. O-320-A2A Sud Gardan-Horizon (GY-80). O-320-A2A La Verda Falco F8L Series II, America. O-320-A2A Malmo Vipan MF1-10. O-320-A2A Kingsford Smith Autocrat SCRM-153. O-320-A2B Aero Commander 100. O-320-A2B Piper Aircraft PA-22-150. O-320-A2B Piper Aircraft PA-22S-150. O-320-A2B Piper Aircraft Cherokee PA-28-150. O-320-A2B Piper Aircraft Super Cub PA-18-150. O-320-A2B Champion Aircraft Challenger 7GCA, 7GCB, 7KC. O-320-A2B Champion Aircraft Citabria 7GCAA, 7GCRC. O-320-A2B Champion Aircraft Agriculture 7GCBA. O-320-A2B Beagle Pup 150. O-320-A2B Arctic Interstate S1B2. O-320-A2B Robinson Helicopters R-22. O-320-A2C Robinson Helicopters R-22. O-320-A2C Varga Kachina 2150a. O-320-A2C Cicare Cicare AG. O-320-A2D Bellanca Aircraft Citabria 150 (7GCAA). O-320-A2D Bellanca Aircraft Citabria 150S (7GCBC). O-320-A2D Bellanca Citabria 150S (7G(.HU). O-320-A2F Cessna Aircraft 177A. O-320-A3A Piper Aircraft Apache PA-23. O-320-A3A Doyn Aircraft Doyn-Cessna 170, 170A, 170B. O-320-A3A Corben-Fettes Globe Special (Globe GC-1B). O-320-A3B Piper Aircraft Apache PA-23. O-320-A3B Doyn Aircraft Doyn-Cessna 170, 170A, 170B. O-320-A3B Teal II TSC 1A2. O-320-B1A Piper Aircraft Apache PA-23-160. O-320-B1A Doyn Aircraft Doyn-Cessna 170, 170A, 170B. O-320-B1A Malmo Vipan MF1-10. O-320-B1B Piper Aircraft Apache PA-23-160. O-320-B1B Doyn Aircraft Doyn-Cessna 170, 170A, 170B. O-320-B2A Piper Aircraft PA-22-160. O-320-B2A Piper Aircraft PA-22S-160. O-320-B2B Piper Aircraft PA-22-160. O-320-B2B Piper Aircraft PA-22S-160. O-320-B2B Beagle Airedale D5-160. O-320-B2B Fuji-Heavy Industries Fuji F-200. O-320-B2B Uirapuru Aerotec 122. O-320-B2C Robinson Helicopters R22-HP, Alpha, Beta. O-320-B2D Maule MX-7-160. O-320-B2E Lycon O-320-B3A Piper Aircraft Apache PA-23-160. O-320-B3A Doyn Aircraft Doyn-Cessna 170, 170A, 170B. O-320-B3B Piper Aircraft PA-23-160 Apache. O-320-B3B Doyn Aircraft Doyn-Cessna 170, 170A, 170B. O-320-B3B Sud Gardan (GY8O-160). O-320-C1A Piper Aircraft Apache PA-23-160. O-320-C1A Riley Aircraft Rayjay (Apache). O-320-C1B Piper Aircraft Apache PA-23-160. O-320-C3A Piper Aircraft Apache PA-23-160. O-320-C3B Piper Aircraft Apache PA-23-160. O-320-D1A Sud Gardan (GY80). O-320-D1A Gyroflug Speed Cancard. O-320-D1A Grob G115. O-320-D1D Gulfstream GA-7. O-320-D1F Slingsby T67 Firefly. O-320-D2A Piper Aircraft Cherokee PA-28S-160. O-320-D2A Robin Major DR400-140B. O-320-D2A Robin Chevalier DR-360, R-3140. O-320-D2A S.O.C.A.T.A Tampico TB9. O-320-D2A Slingsby T67C Firefly. O-320-D2A Daetwyler MD-3-160. O-320-D2A Nash Aircraft Ltd Petrel. O-320-D2A Aviolight P66D Delta. O-320-D2A General Avia Pinguino. O-320-D2B Beechcraft Musketeer A23. O-320-D2B Piper Aircraft Cherokee PA-28-160. O-320-D2J Cessna Skyhawk 172 P. O-320-D3G Piper Aircraft Cadet PA-28-161. O-320-D3G Piper Aircraft Warrior II. O-320-E1A Grob G115. O-320-E1C M.B.B (Messerschmitt-Boelkow-Blohm) Monsun (BO-209-B). O-320-E1F M.B.B Monsun (BO-209-B). O-320-E2A Piper Aircraft Cherokee PA-28-140. O-320-E2A Piper Aircraft Cherokee PA-28-150. O-320-E2A Robin Major (DR-340). O-320-E2A Robin Sitar. O-320-E2A Robin Bagheera (GY-100-135). O-320-E2A S.O.C.A.T.A Super Rallye (MS-886). O-320-E2A S.O.C.A.T.A Rallye Commodore (MS-892). O-320-E2A Siai-Marchetti S-202. O-320-E2A F.F.A Bravo (AS-202/15). O-320-E2A Partenavia Oscar (P66B). O-320-E2A Partenavia Bucker (131 APM). O-320-E2A Aeromot Paulistina P-56. O-320-E2A Pezetel Koliber 150. O-320-E2C Beechcraft Musketeer (B19). O-320-E2C Beechcraft Musketeer III (M-23111). O-320-E2C M.B.B Monsun (BO-209-B). O-320-E2D Beechcraft B19 Sport. O-320-E2D Cessna 177. O-320-E2D Cessna 172 I-M. O-320-E2D Piper Aircraft PA-28-151. O-320-E2D Piper Aircraft PA-28-140. O-320-E2D Cessna Cardinal (172.1, 177). O-320-E2F M.B.B Monsun (BO-209-B). O-320-E2F M.B.B Wassmer Pacific (WA-5 1). O-320-E2G Gulfstream AA5 Traveler. O-320-E2G Gulfstream AA5A Cheetah. O-320-E3D Beechcraft B19 Sport. O-320-E3D Piper Aircraft Cherokee (140). O-320-H2AD Cessna Skyhawk 172 N. O-320-H2AD Partenavia P-66C. O-320A2C Varga Kachina 2150. IO-320-B2A Piper Aircraft Twin Comanche (PA-30). IO-320-B1C Hi IO-320-B1C Shear IO-320-B1C Wing IO-320-B1D Ted Smith Aircraft Aerostar. IO-320-D1A M.B.B Monsun (BO-209-C). IO-320-D1B M.B.B Monsun (BO-209-C). IO-320-E1A Champion KCAB. IO-320-E1A M.B.B Monsun (BO-209-C). IO-320-E1B Bellanca Aircraft IO-320-E2A Champion 7 KCAB. IO-320-E2A Champion Aircraft Citabria. IO-320-E2B Bellanca Aircraft IO/LIO-320-B1A Piper Aircraft PA-30 Comanche (2). IO/LIO-320-B1A Piper Aircraft Twin Comanche (PA-39). AIO-320-B1B M.B.B Monsun (BO-209-C). AEIO-320-D1B Slingsby T67M Firefly. AEIO-320-D2B Hundustan Aeronautlcs Ltd HT-2. AEIO-320-E1A Bellanca Aircraft AEIO-320-E1A Champion Aircraft AEIO-320-EIB Bellanca Aircraft AEIO-320-EIB Champion Aircraft Decathalon (8KCAB-CS). AEIO-320-E2B Bellanca Aircraft AEIO-320-E2B Champion Aircraft Decathalon (8KCAB). O-320-A1A Riley Aircraft Riley Twin. O-360-A1A Beechcraft Travel Air (95, B-95). O-360-A1A Piper Aircraft Comanche (PA-24). O-360-A1A Intermountain Mfg. Co Call Air (A-6). O-360-A1A Lake Aircraft Colonial (C-2, LA-4, 4A or 4P). O-360-A1A Doyn Aircraft Doyn-Cessna (170B, 172, 172A, 172B). O-360-A1A Mooney Aircraft Mark “20B” (M-20B). O-360-A1A Earl Horton Pawnee (Piper PA-25). O-360-A1A Dinfia Ranquel (IA-51). O-360-A1A Neiva (IPD-5901). O-360-A1A Regente (N-591). O-360-A1A Wassmer Super 4 (WA-50A). O-360-A1A Wassmer Sancy (WA-40). O-360-A1A Wassmer Baladou (WA-40). O-360-A1A Wassmer Pariou (WA-40). O-360-A1A Sud Gardan (GY-180). O-360-A1A Bolkow (207). O-360-A1A Partenavia Oscar (P-66). O-360-A1A Siai-Marchetti (S-205). O-360-A1A Procaer Picchio (F-15-A). O-360-A1A S.A.A.B Safir (91-D). O-360-A1A Malmo Vipan (MF-1OB). O-360-A1A Aero Boero AB-180. O-360-A1A Beagle Airedale (A-109). O-360-A1A DeHavilland Drover (DHA-3MK3). O-360-A1A Kingsford-Smith Bushmaster (J5-6). O-360-A1A Aero Engine Service Ltd Victa (R-2). O-360-A1AD S.O.C.A.T.A Tabago TB-10. O-360-A1D Piper Aircraft Comanche (PA-24). O-360-A1D Lake Aircraft Colonial (LA-4, 4A or 4P). O-360-A1D Doyn Aircraft Doyn-Beech (Beech 95). O-360-A1D Mooney Aircraft Master 21 (M-20E). O-360-A1D Mooney Aircraft Mark 20B, 20D, (M2OB, M2OC). O-360-A1D Mooney Aircraft Mooney Statesman (M-20G). O-360-A1D Dinfia Querandi (IA-45). O-360-A1D Wassmer (WA-50). O-360-A1D Malmo Vipan (MFI-10). O-360-A1D Cessna Aircraft Skyhawk. O-360-A1D Doyn Aircraft Doyn-Piper PA-23-160. O-360-AIF6 Cessna Aircraft Cardinal. O-360-AIF6D Cessna Aircraft Cardinal 177. O-360-AIF6D Teal III TSC (1A3). O-360-A1G6 Aero Commander O-360-A1G6D Beech Aircraft Duchess 76. O-360-AIH6 Piper Aircraft Seminole (PA-44). O-360-Al LD Wassmer Europa WA-52. O-360-AIP Aviat O-360-AIP Husky O-360-A2A Center Est Aeronautique Regente (DR-253). O-360-A2A S.O.C.A.T.A RalIye Commodore (MS-893). O-360-A2A Societe Aeronautique Normande Mousquetaire (D-140). O-360-A2A Bolkow Klemm (Kl-1 07C). O-360-A2A Partenavia Oscar (P-66). O-360-A2A Beagle Husky (D5-180) (J1-U). O-360-A2D Piper Aircraft Comanche PA-24. O-360-A2D Piper Aircraft Cherokee C PA-28-180. O-360-A2D Mooney Aircraft Master 21 (M-20D). O-360-A2D Mooney Aircraft Mark 21 (M-20E). O-360-A2E Std. Helicopter O-360-A2F Aero Commander Lark (100). O-360-A2F Cessna Aircraft Cardinal. O-360-A2G Beech Aircraft Sport. O-360-A3A C.A.A.R.P.S.A.N (M-23111). O-360-A3A Societe Aeronautique Normande Jodel (D-140C). O-360-A3A Robin Regent (DR400/180). O-360-A3A Robin Remorqueur (DR400/180R). O-360-A3A Robin R-3170. O-360-A3A S.O.C.A.T.A Rallye 18OGT. O-360-A3A S.O.C.A.T.A Sportavia Sportsman (RS-180). O-360-A3A Norman Aerospace Co NAC-1 Freelance. O-360-A3A Nash Aircraft Ltd Petre. O-360-A3AD S.O.C.A.T.A TB-l0. O-360-A3AD Robin Aiglon (R-l 180T). O-360-A4A Piper Aircraft Cherokee “D” PA-28-180. O-360-A4D Varga Kachina. O-360-A4G Beech Aircraft Musketeer Custom III. O-360-A4K Grumman American Tiger. O-360-A4K Beech Aircraft Sundowner 180. O-360-A4M Piper Aircraft Archer II PA-28-18. O-360-A4M Valmet PIK-23. O-360-A4N Cessna Aircraft 172 (Optional). O-360-A4P Penn Yan Super Cub Conversion. O-360-A5AD C. Itoh and Co Fuji FA-200. O-360-B2C Seabird Aviation SB7L. O-360-C1A Intermountain Mfg. Co Call Air (A-6). O-360-CIE Bellanca Aircraft Scout (8GCBC-CS). O-360-C1F Maule Star Rocket MX-7-180. O-360-C1G Christen Husky (A-1). O-360-C2B Hughes Tool Co (269A). O-360-C2D Hughes Tool Co (269A). O-360-C2E Hughes Tool Co YHO-2HU Military. O-360-C2E Bellanca Aircraft Scout 8GCBC FP. O-360-C4F Maule MX-7-180A. O-360-C4P Penn Van Super Cub Conversion. O-360-F1A6 Cessna Aircraft Cutlass RG. O-360-J2A Robinson R22. IO-360-B1A Beech Aircraft Travel-Air (B-95A). IO-360-B1A Doyn Aircraft Doyn-Piper PA-23-200. IO-360-B1B Beech Aircraft Travel-Air (B-95B). IO-360-B1B Doyn Aircraft Doyn-Piper PA-23-200. IO-360-B1B Fuji FA-200. IO-360-B1D United Consultants See-Bee. IO-360-BIE Piper Aircraft Arrow PA-28-180R. IO-360-BIF Utva 75. IO-360-B2E C.A.A.R.P C.A.P. (10). IO-360-BIF6 Great Lakes Trainer. IO-360-B1G6 American Blimp Spector 42. IO-360-B2F6 Great Lakes Trainer. LO-360-A1 G6D Beech Aircraft Duchess. LO-360-A1H6 Piper Aircraft Seminole (PA-44). IO-360-EIA T.R. Smith Aircraft Aerostar. IO-360-L2A Cessna Aircraft Skyhawk C-172. IO-360-M1A Diamond Aircraft DA-40. IO-360-M1B Vans Aircraft RV6, RV7, RV8. IO-360-M1B Lancair 360. AIO-360-B1B Moravan Zim (Z-526-L). AEIO-360-B1G6 Great Lakes AEIO-360-B2F Mundry CAP-10. AEIO-360-B4A Pitts S-1S. AEIO-360-HIA Bellanca Aircraft Super Decathalon (8KCAB-180). AEIO-360-HIB American Champion Super Decathalon. HO-360-B1A Hughes Tool Co 269A. HO-360-B1B Hughes Tool Co 269A. HO-360-C1A Schweizer 300C. HIO-360-A1A Hughes Tool Co 300. H1O-360-A1B Silvercraft HIO-360-B1A Hughes Tool Co Military 269-A-1. HlO-360-BIB Hughes Tool Co 269A. HIO-360-D1A Hughes Tool Co 269C, 300C. HIO-360-D1A Schweizer 300C. HIO-360-E1AD Enstrom Helicopter F28C. HIO-360-E1BD Enstrom Helicopter F28C. HIO-360-F1AD Enstrom Helicopter Faicon F28F. HIO-360-F1AD Enstrom Helicopter Shark 280FX. HIO-360-F1AD Enstrom Helicopter Sentine F28F-P. HIO-360-G1A Schweizer CB. LHIO-360-C1A Silvercraft SH-4 Helicopter. LHIO-360-C1B Silvercraft SH-3 Helicopter. O-540-AIA Rhein-Flugzeugbau RF-1. O-540-AIA5 Piper Aircraft Comanche PA-24-150. O-540-AIA5 Helio Military H-250. O-540-AIA5 Yoeman Aviation YA-1. O-540-A1B5 Piper Aircraft Aztec PA-23-250. O-540-A1B5 Piper Aircraft Comanche PA-24-250. O-540-AIC5 Piper Aircraft Comanche PA-24-250. O-540-A1D Found Bros FBA-2C. O-540-A1D Dornier DO-28-B1. O-540-AID5 Piper Aircraft Aztec PA-23-250. O-540-AID5 Piper Aircraft Comanche PA-24-250. O-540-AID5 Piper Aircraft Military Aztec U-1 1A. O-540-AID5 Dornier DO-28. O-540-A2B Aero Commander 500. O-540-A2B Mld-States Mfg. Co Twin Courier 11-500, U-5. O-540-A3D5 Piper Aircraft Navy Aztec PA-23-250. O-540-B1A5 Piper Aircraft Apache PA-23-235. O-540-BIB5 Piper Aircraft Cherokee PA-24-250. O-540-BIB5 Doyn Aircraft Doyn-Piper PA-24-250. O-540-BID5 Wassmer WA-421. O-540-B2B5 Piper Aircraft Pawnee PA-24-235. O-540-B2B5 Piper Aircraft Cherokee PA-28-235. O-540-B2B5 Piper Aircraft Aztec PA-23-235. O-540-B2B5 Intermountain Mfg. Co Call Air A-9. O-540-B2B5 Rawdon Bros. Rawdon T-l. O-540-B2B5 S.O.C.A.T.A Rallye 235CA. O-540-B2C5 Piper Aircraft Pawnee PA-24-235. O-540-B4B5 Piper Aircraft Cherokee PA-28-235. O-540-B4B5 Embraer Corioca EMB-710. O-540-B4B5 S.O.C.A.T.A Rallye 235GT. O-540-B4B5 S.O.C.A.T.A Rallye 235C. O-540-B4B5 Maule Star Racket MX-7-235. O-540-B4B5 Maule Super Rocket M-6-235. O-540-B4B5 Maule Super Std. Racket M-7-235. O-540-E4A5 Piper Aircraft Comanche PA-24-260. O-540-E4A5 Aviamilano Flamingo F-250. O-540-E4A5 Siai-Marcbetti SF-260, SF-208. O-540-E4B5 Britten-Norman BN-2. Piper Aircraft Cherokee Six PA-32-260. O-540-E4C5 Pilatus Britten-Norman Islander BN-2A-26. O-540-E4C5 Pilatus Britten-Norman Islander BN-2A-27. O-540-E4C5 Pilatus Britten-Norman Islander II BN-2B-26. O-540-E4C5 Pilatus Britten-Norman Islander BN-2A-2 1. O-540-E4C5 Pilatus Britten-Norman Trislander BN-2A-Mark 111-2. O-540-F1B5 Omega Aircraft BS-12D1. O-540-F1B5 Robinson R-44. O-540-G1A5 Piper Aircraft Pawnee PA-25-260. O-540-H1B5D Aero Boero 260. O-540-H2A5 Embraer Impanema “AG”. O-540-H2A5 Gippsland GA-200. O-540-H2B5D Aero Boero 260. O-540-J1A5D Maule Star Rocket MX-7-235. O-540-J1A5D Maule Super Rocket M-6-235. O-540-J1A5D Maule Super Std. Rocket M-7-235. O-540-J3A5 Robin R-3000/235. O-540-J3A5D Piper Aircraft Dakota PA-28-236. O-540-J3C5D Cessna Aircraft Skylane RG. IO-540-A1A5 Doyn Aircraft Doyn-Piper PA-23-250. IO-540-A1A5 Riley Aircraft Rocket-Cessna 310. IO-540-A1A5 Dornier DO-8-B 1. IO-540-A1A5 Siai-Marchetti IO-540-C1B5 Piper Aircraft Aztec B PA-23-250. IO-540-C1B5 Piper Aircraft Comanche PA-24-250. IO-540-C1C5 Riley Aircraft Turbo-Rocket. IO-540-C4B5 Piper Aircraft Aztec C PA-23-250. IO-540-C4B5 Piper Aircraft Aztec F. IO-540-C4B5 Wassmer WA4-2 1. IO-540-C4B5 Avions Pierre Robin HR 100/250. IO-540-C4B5 Bellanca Aircraft Aries T-250. IO-540-C4B5 Aerofab Renegade 250. IO-540-C4D5 S.O.C.A.T.A TB-20. IO-540-C4DSD S.O.C.A.T.A Trinidad TB-20. IO-540-D4A5 Piper Aircraft Comanche PA-24-260. IO-540-D4A5 Siai-Marchetti SF-260. IO-540-D4B5 Cerva CE-43 Guepard. IO-540-E1A5 Aero Commander 500-E. IO-540-EIB5 Aero Commander 500-U. IO-540-EIB5 Shrike 500-S. IO-540-EIB5 Poeschel P-300. IO-540-GIA5 Doyn Aircraft Doyn-Piper PA-23-250. IO-540-GIA5 Riley Aircraft Turbo-Aztec. IO-540-GIA5 DeHavilland Heron Conversion. IO-540-GIB5 T.R. Smith Aircraft Aerostar 600. IO-540-GIB5 Found Bros Centennial 100. IO-540-G1C5 Intermountain Mfg. Co Call Air 1AR821. IO-540-G1DS Intermountain Mfg. Co IAR-822, IAR-826, IAR-823. IO-540-G1F5 Bellanca Aircraft IO-540-N lA5 Piper Aircraft Comanche 260. IO-540-T4A5D General Aviation Model 114. IO-540-T4B5 Commander 1 14B. IO-540-T4B5D Rockwell 114. IO-540-T4C5D Lake Aircraft Seawolf. IO-540-WIA5 Maule MX-7-235, MT-7-235, M7235. IO-540-W1A5D Maule Star Rocket MX-7-235. IO-540-W1A5D Maule Super Rocket M-6-235. IO-540-W1A5D Maule Super Std. Rocket M-7-235. IO-540-W3A5D Schweizer Power Glider. IO-540-AB1A5 Cessna Aircraft Skylane C-182. AEIO-540-D4A5 Christen Pitts S-2S, S-2B. AEIO-540-D4A5 Siai-Marchetti SF-260. AEIO-540-D4A5 H.A.L HPT-32. AEIO-540-D4A5 Slingsby Firefly T3A AEIO-540-D4B5 Moravan Zlin-50L AEIO-540-D4B5 H.A.L HPT-32. AEIO-540-D4D5 Burkhart Grob Grob G, 1 15T Aero. These engine models are known to be installed in the aircraft models listed in the following Table 5: Table 5.—Superior Air Parts, Inc.-Related Aircraft Models Engine model Aircraft manufacturer Aircraft model designation O-360-A3A2 American Champion 7GCBC & 7GCAA Unsafe Condition
(d)This AD results from the discovery of nine separated SAP cylinder assemblies installed in TCM 470, 520, and 550 series reciprocating engines and one separated SAP cylinder assembly installed in LE 320, 360, and 540 series reciprocating engines. We are issuing this AD to prevent cylinder separation that can lead to engine failure, a possible engine compartment fire, and damage to the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. Determining Which Cast Cylinder Assemblies Are Installed
(f)If aircraft engine records do not list the P/N of the cylinder installed during engine overhaul or repair, visually inspect the cylinders. The affected SAP cylinder head flanges are marked: SA47000L-A1, SA47000L-A20P, SA47000S-A1, SA47000S-A20P, SA47000S-A21P, SA52000-A1, SA52000-A20P, SA52000-A21P, SA52000-A22P, SA52000-A23P, SA55000-A1, or SA55000-A20P or SL32000W-A1, SL32000W-A20P, SL32000W-A21P, SL32000WH-A1, SL32000WH-A20P, SL32006W-A1, SL32006W-A20P, SL32006W-A21P, SL36000TW-A1, SL36000TW-A20P, SL36000TW-A21P, SL36000TW-A22P, SL36000W-A1, SL36000W-A20P, SL36000W-A21P, SL36006W-A1, SL36006W-A20P, or SL36006W-A21P. Cylinder Assembly Removal
(g)Remove all cylinder assemblies with a serial number of 47LE053559 through 47LF053643, or 47SE054212 through 47SF054251, or 52D0531708 through 52H0532197, or 55E05223 through 55G05289, or 32WE059006 through 32WF059067, or 32WHE05379 through 32WHE05392, or 326WF055517 through 326WF055532, or 36TWF05430 through 36TWG05453, or 36WF058058 through 36WJ058182, or 366WE056944 through 366WL058131 no later than 150 hours total time-in-service
(TIS)to preclude cylinder head fatigue failure and separation at the head-to-barrel threaded interface.
(h)For cylinder assemblies with more than 150 hours total TIS on the effective date of this AD, a 10 hour TIS extension is permitted for the purpose of flying the aircraft to a location where maintenance action can be done to meet the requirements of this AD.
(i)After the effective date of this AD, do not install any cylinder assemblies with P/Ns SA47000L-A1, SA47000L-A20P, SA47000S-A1, SA47000S-A20P, SA47000S-A21P, SA52000-A1, SA52000-A20P, SA52000-A21P, SA52000-A22P, SA52000-A23P, SA55000-A1, or SA55000-A20P,or SL32000W-A1, SL32000W-A20P, SL32000W-A21P, SL32000WH-A1, SL32000WH-A20P, SL32006W-A1, SL32006W-A20P, SL32006W-A21P, SL36000TW-A1, SL36000TW-A20P, SL36000TW-A21P, SL36000TW-A22P, SL36000W-A1, SL36000W-A20P, SL36000W-A21P, SL36006W-A1, SL36006W-A20P, or SL36006W-A21P, with a serial number of 47LE053559 through 47LF053643, or 47SE054212 through 47SF054251, or 52D0531708 through 52H0532197, or 55E05223 through 55G05289, or 32WE059006 through 32WF059067, or 32WHE05379 through 32WHE05392, or 326WF055517 through 326WF055532, or 36TWF05430 through 36TWG05453, or 36WF058058 through 36WJ058182, or 366WE056944 through 366WL058131 into any engine. Alternative Methods of Compliance
(j)The Manager, Special Certification Office, FAA, Rotorcraft Directorate, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Special Flight Permits
(k)For aircraft with engines that have between 140 hours and 150 hours TIS only, special flight permits may be issued in accordance with §§ 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the aircraft to a location where the requirements of this AD can be done. Special flight permits may not be issued for aircraft that have utilized the provisions of paragraph
(h)of this AD. Related Information
(l)Superior Air Parts, Inc. Mandatory Service Bulletin B06-01, Rev. E, dated January 24, 2007, contains information related to the subject of this AD.
(m)Contact Jurgen Priester, Aerospace Engineer, Special Certification Office, FAA, Rotorcraft Directorate, Southwest Regional Headquarters, 2601 Meacham Blvd., Fort Worth, Texas 76137; e-mail: *jurgen.priester@faa.gov;* telephone
(817)222-5159; fax
(817)222-5785 for more information about this AD. Material Incorporated by Reference
(n)None. . Issued in Burlington, Massachusetts, on February 13, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-2985 Filed 2-22-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2005-20381; Airspace Docket No. 05-ANM-3] Revision of Class E Airspace; Gillette, WY AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will revise the Class E airspace at Gillette, WY. Additional Class E airspace is necessary to accommodate aircraft using a new Area Navigation
(RNAV)Global Positioning System
(GPS)Standard Instrument Approach Procedure
(SIAP)at Gillette-Campbell County Airport. This will improve the safety of Instrument Flight Rules
(IFR)aircraft executing the new RNAV GPS SIAP at Gillette-Campbell County Airport, Gillette, WY. DATES: *Effective Date:* 0901 UTC, May 10, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Ed Haeseker, Federal Aviation Administration, Western Service Area, System Support, 1601 Lind Avenue SW., Renton, WA, 98055-4056; telephone
(425)227-2527. SUPPLEMENTARY INFORMATION: History On August 11, 2006, the FAA published in the **Federal Register** a notice of proposed rulemaking to revise Class E airspace at Gillette, WY, (71 FR 46133). This action would improve the safety of Instrument Flight Rules
(IFR)aircraft executing this new RNAV GPS approach procedure at Gillette-Campbell County Airport, Gillette WY. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9P dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by revising Class E airspace at Gillette, WY. Additional controlled airspace is necessary to accommodate IFR aircraft executing a new RNAV
(GPS)approach procedure at Gillette-Campbell Airport, Gillette WY. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR part 71.1 of the Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows: Paragraph 6005. Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ANM WY E5 Gillette, WY [Revised] Gillette-Campbell County Airport, WY (Lat. 44°20′56″ N., long. 105°32′22″ W.) Gillette VOR/DME (Lat. 44°20′52″ N., long. 105°32′37″ W.) That airspace extending upward from 700 feet above the surface of the earth within 6.1 miles east and 8.3 miles west of the Gillette VOR/DME 176° and 356° radials extending from 15.3 miles south to 16.1 miles north of the VOR/DME; that airspace extending upward from 1200 feet above the surface of the earth bounded by a line beginning at lat. 44°47′00″ N., long. 106°22′32″ W.; to lat. 44°23′00″ N., long. 106°22′32″ W.; to lat. 44°16′00″ N., long. 105°58′02″ W.; to lat. 44°05′00″ N., long. 106°00′02″ W.; to lat. 43°49′15″ N., long. 106°09′32″ W.; to lat. 43°39′00″ N., long. 106°00′02″ W.; to lat. 43°39′00″ N., long. 105°09′02″ W.; to lat. 44°08′30″ N., long. 105°09′00″ W.; to lat. 44°01′00″ N., long. 104°51′02″ W.; to lat. 44°30′00″ N., long. 104°41′02″ W.; to lat. 44°39′00″ N., long. 105°20′00″ W.; to lat. 44°55′00″ N., long. 105°20′00″ W.; to lat. 44°55′00″ N., long. 105°55′00″ W.; to lat. 44°43′30″ N., long. 105°55′00″ W.; thence to point of beginning. Issued in Seattle, Washington, on January 24, 2007. Clark Desing, Manager, System Support, Western Service Area. [FR Doc. E7-3049 Filed 2-22-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-24826; Airspace Docket No. 06-ANM-3] Establishment of Class E Airspace; Nucla, CO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will establish the Class E airspace at Nucla, CO. Additional Class E airspace is necessary to accommodate aircraft using a new Area Navigation
(RNAV)Global Positioning System
(GPS)Standard Instrument Approach Procedure
(SIAP)at Hopkins Field. This will improve the safety of Instrument Flight Rules
(IFR)aircraft executing the new RNAV GPS SIAP at Hopkins Field, Nucla, CO. DATES: *Effective Date:* 0901 UTC, May 10, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Ed Haeseker, Federal Aviation Administration, Western Service Area, System Support, 1601 Lind Avenue, SW., Renton, WA, 98057; telephone
(425)917-6714. SUPPLEMENTARY INFORMATION: History On October 20, 2006, the FAA published in the **Federal Register** a notice of proposed rulemaking to establish Class E airspace at Nucla, CO (71 FR 61922). This action would improve the safety of Instrument Flight Rules
(IFR)aircraft executing this new RNAV GPS approach procedure at Hopkins Field, Nucla, CO. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9P dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing Class E airspace at Nucla, CO. Additional controlled airspace is necessary to accommodate IFR aircraft executing a new RNAV
(GPS)approach procedure at Hopkins Field, Nucla, CO. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR part 71.1 of the Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows: Paragraph 6005. Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ANM CO E5 Nucla, CO [New] Hopkins Field, CO (Lat. 38°14′20″ N., long. 108°33′48″ W.) That airspace extending upward from 700 feet above the surface within a 6.0-mile radius of Hopkins Field and within 4 miles each side of the 137° bearing to Hopkins Field extending from 6.0 miles northwest of Hopkins Field to the 6.0-mile radius; that airspace extending upward from 1,200 feet above the surface beginning at lat. 38°45′00″ N., long. 109°00′00″ W.; to lat. 38°30′00″ N., long. 108°30′00″ W.; to CONES VOR/DME; to DOVE CREEK VORTAC; to lat. 38°30′00″ N., long. 109°10′00″ W.; to point of beginning. Issued in Seattle, Washington, on February 8, 2007. Clark Desing, Manager, System Support, Western Service Area. [FR Doc. E7-3052 Filed 2-22-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 95 [Docket No. 30538; Amdt. No. 466] IFR Altitudes; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas. DATES: *Effective Date:* 0901 UTC, March 15, 2007. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AMCAFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) telephone:
(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to part 95 of the Federal Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR altitudes governing the operation of all aircraft in flight over a specified route or any portion of that route, as well as the changeover points
(COPs)for Federal airways, jet routes, or direct routes as prescribed in part 95. The Rule The specified IFR altitudes, when used in conjunction with the prescribed changeover points for those routes, ensure navigation aid coverage that is adequate for safe flight operations and free of frequency interference. The reasons and circumstances that create the need for this amendment involve matters of flight safety and operational efficiency in the National Airspace System, are related to published aeronautical charts that are essential to the user, and provide for the safe and efficient use of the navigable airspace. In addition, those various reasons or circumstances require making this amendment effective before the next scheduled charting and publication date of the flight information to assure its timely availability to the user. The effective date of this amendment reflects those considerations. In view of the close and immediate relationship between these regulatory changes and safety in air commerce, I find that notice and public procedure before adopting this amendment are impracticable and contrary to the public interest and that good cause exists for making the amendment effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation, as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 95 Airspace, Navigation (air). Issued in Washington, DC on February 15, 2007. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, part 95 of the Federal Aviation Regulations (14 CFR part 95) is amended as follows effective at 0901 UTC, January 18, 2007. 1. The authority citation for part 95 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44719, 44721. 2. Part 95 is amended to read as follows: Revisions To IFR Altitudes Changeover Points—Amendment 466 [Effective date March 15, 2007] From To MEA § 95.1001 Direct Routes—U.S. COLOR ROUTES: § 95.10 Amber Federal Airway A9 is Amended to Read in Part EVANSVILLE, AK NDB BROWERVILLE, AK NDB *10000 *9100—MOCA § 95.6001 Victor Routes—U.S. § 95.6002 VOR Federal Airway V2 is Amended to Read in Part SALEM, MI VORTAC DELOW, MI FIX 3000 DELOW, MI FIX U.S. CANADIAN BORDER *4000 *2800—MOCA § 95.6014 VOR Federal Airway V14 is Amended to Read in Part FINDLAY, OH VORTAC OBRLN, OH FIX *3500 *2400—MOCA OBRLN, OH FIX DRYER, OH VOR/DME *3000 *2400—MOCA 95.6020 VOR Federal Airway V20 is Amended to Read in Part HOBBY, TX VOR/DME BEAUMONT, TX VOR/DME 2100 § 95.6026 VOR Federal Airway V26 is Amended to Read in Part DETROIT, MI VOR/DME U.S. CANADIAN BORDER *3400 *2300—MOCA U.S. CANADIAN BORDER GEMNI, OH FIX *3400 *2300—MOCA GEMNI, OH FIX DRYER, OH VOR/DME *3000 *2200—MOCA § 95.6040 VOR Federal Airway V40 is Amended to Delete U.S. CANADIAN BORDER *KITTY, OH FIX 4000 *4000—MRA KITTY, OH FIX DRYER, OH VOR/DME 3000 § 95.6042 VOR Federal Airway V42 is Amended to Delete WATERVILLE, OH VOR/DME VARYS, OH INT 4000 VARYS, OH INT 3500 DROVE, OH INT MAA—14000 DROVE, OH INT YOUNGSTOWN, OH VORTAC 3000 § 95.6048 VOR Federal Airway V48 is Amended to Read in Part PEORIA, IL VORTAC MAROC, IL FIX *3000 *2300—MOCA MAROC, IL FIX PONTIAC, IL VOR/DME 2400 § 95.6053 VOR Federal Airway V53 is Amended to Read in Part LOUISVILLE, KY VORTAC HOUSE, IN FIX *10000 *3000—MOCA HOUSE, IN FIX MOUTH, IN FIX *2800 *2300—MOCA MOUTH, IN FIX BRICKYARD, IN VORTAC 2700 § 95.6069 VOR Federal Airway V69 is Amended to Read in Part PONTIAC, IL VOR/DME JOLIET, IL VORTAC *3000 *2200—MOCA § 95.672 VOR Federal Airway V72 is Amended to Delete ROSEWOOD, OH VORTAC MANSFIELD, OH VORTAC 3000 MANSFIELD, OH VORTAC AKRON, OH VOR/DME 3000 AKRON, OH VOR/DME YOUNGSTOWN, OH VORTAC 3000 YOUNGSTOWN, OH VORTAC HAGAR, PA FIX 3000 HAGAR, PA FIX TIDIOUTE, PA VORTAC 3500 TIDIOUTE, PA VORTAC BRADFORD, PA VOR/DME 4000 *3500—MOCA BRADFORD, PA VOR/DME EXALL, PA FIX *4500 EXALL, PA FIX ELMIRA, NY VOR/DME *4000 *3500—MOCA ELMIRA, NY VOR/DME BINGHAMTON, NY VORTAC 3500 BINGHAMTON, NY VORTAC OXFOR, NY FIX 3500 OXFOR, NY FIX ROCKDALE, NY VOR/DME 4000 ROCKDALE, NY VOR/DME ALBANY, NY VORTAC 4000 ALBANY, NY VORTAC CAMBRIDGE, NY VOR/DME *4000 *3000—MOCA CAMBRIDGE, NY VOR/DME *JAMMA, VT FIX **6000 *5000—MCA JAMMA, VT FIX , W BND **5400—MOCA JAMMA, VT FIX LEBANON, NH VOR/DME 5000 § 95.6075 VOR Federal Airway V75 is Amended to Read in Part DRYER, OH VOR/DME U.S. CANADIAN BORDER *4000 *2200—MOCA § 95.6090 VOR Federal Airway V90 is Amended to Read in Part SALEM, MI VORTAC U.S. CANADIAN BORDER *4000 *2700—MOCA U.S. CANADIAN BORDER BEWEL, OH FIX *4000 *2700—MOCA BEWEL, OH FIX DUNKIRK, NY VORTAC 3000 § 95.6096 VOR Federal Airway V96 is Amended to Read in Part FORT WAYNE, IN VORTAC ILLIE, OH FIX *5000 *2200—MOCA ILLIE, OH FIX ANNTS, OH FIX *16000 *2100—MOCA ANNTS, OH FIX DETROIT, MI VOR/DME *3000 *2000—MOCA § 95.6103 VOR Federal Airway V103 is Amended to Read in Part AKRON, OH VOR/DME U.S. CANADIAN BORDER *9000 *2700—MOCA U.S. CANADIAN BORDER DETROIT, MI VOR/DME *4000 *2700—MOCA DETROIT, MI VOR/DME PONTIAC, MI VORTAC *3000 *2400—MOCA § 95.6116 VOR Federal Airway V116 is Amended to Delete EXCEL, MO FIX MACON, MO VOR/DME *3000 *2300—MOCA MACON, MO VOR/DME QUINCY, IL VORTAC *2700 *2100—MOCA QUINCY, IL VORTAC PEORIA, IL VORTAC *2500 *2000—MOCA PEORIA, IL VORTAC MAROC, IL FIX *3000 *2300—MOCA MAROC, IL FIX PONTIAC, IL VOR/DME 2400 PONTIAC, IL VOR/DME JOLIET, IL VORTAC *3000 *2200—MOCA § 95.6116 VOR Federal Airway V116 is Amended to Read in Part U.S. CANADIAN BORDER TRACE, OH FIX *7000 *1900—MOCA TRACE, OH FIX ERIE, PA VORTAC *3000 *2200—MOCA § 95.6176 VOR Federal Airway V176 is Added to Read CARLETON, MI VORTAC U.S. CANADIAN BORDER *3000 *2100—MOCA *2100—MOCA § 95.6222 VOR Federal Airway V222 is Amended to Read in Part HUMBLE, TX VORTAC BEAUMONT, TX VOR/DME 3000 § 95.6262 VOR Federal Airway V262 is Amended to Read in Part MOTIF, IL FIX JOLIET, IL VORTAC *3000 *2200—MOCA § 95.6297 VOR Federal Airway V297 is Amended to Delete SAGINAW, MI VOR/DME BENNY, MI FIX 2200 BENNY, MI FIX BANJO, MI FIX 2500 BANJO, MI FIX ZABLE, MI FIX *5000 *2700—MOCA ZABLE, MI FIX *RONDO, MI FIX 3000 *5000—MRA *RONDO, MI FIX OTREE, MI FIX **3000 *5000—MRA **2400—MOCA OTREE, MI FIX PELLSTON, MI VORTAC *3000 *2400—MOCA § 95.6297 VOR Federal Airway V297 is Amended to Read in Part AKRON, OH VOR/DME U.S. CANADIAN BORDER *6000 *3000—MOCA § 95.6383 VOR Federal Airway V383 is Added to Read ROSEWOOD, OH VORTAC DETROIT, MI VOR/DME 3100 § 95.6396 VOR Federal Airway V396 is Added to Read U.S. CANADIAN BORDER CHARDON, OH VOR/DME *8000 *2700—MOCA § 95.6406 VOR Federal Airway V406 is Added to Read SALEM, MI VORTAC U.S. CANADIAN BORDER *4000 *2700—MOCA § 95.6410 VOR Federal Airway V410 is Added to Read PONTIAC, MI VORTAC U.S. CANADIAN BORDER *4000 *2500—MOCA § 95.6416 VOR Federal Airway V416 is Added to Read ROSEWOOD, OH VORTAC *LAWTO, OH FIX **4000 *4000—MRA **2500—MOCA *LAWTO, OH FIX MANSFIELD, OH VORTAC *4000 *4000—MRA *2500—MOCA MANSFIELD, OH VORTAC JAKEE, OH FIX 3000 § 95.6418 VOR Federal Airway V418 is Added to Read SALEM, MI VORTAC U.S. CANADIAN BORDER *4000 *2700—MOCA U.S. CANADIAN BORDER BEWEL, OH FIX *4000 *2700—MOCA BEWEL, OH FIX JAMESTOWN, NY VOR/DME *4000 *3300—MOCA § 95.6426 VOR Federal Airway V426 is Added to Read CARLETON, MI VORTAC AMRST, OH FIX *3000 *2400—MOCA AMRST, OH FIX DRYER, OH VOR/DME *3000 *2200—MOCA § 95.6435 VOR Federal Airway V435 is Amended to Read in Part ROSEWOOD, OH VORTAC OBRLN, OH FIX *5000 *2700—MOCA OBRLN, OH FIX DRYER, OH VOR/DME *3000 *2400—MOCA 95.6467 VOR Federal Airway V467 is Added to Read RICHMOND, IN VORTAC WATERVILLE, OH VOR/DME *10000 *3000—MOCA WATERVILLE, OH VOR/DME DETROIT, MI VOR/DME *3000 *2100—MOCA § 95.6471 VOR Federal Airway V471 is Amended to Read in Part BARHA, ME FIX BANGOR, ME VORTAC *3000 *2500—MOCA BANGOR, ME VORTAC MILLINOCKET, ME VOR/DME *2500 *2100—MOCA MILLINOCKET, ME VOR/DME HOULTON, ME VOR/DME *2600 *2000—MOCA HOULTON, ME VOR/DME U.S. CANADIAN BORDER *2600 *2100—MOCA § 95.6486 VOR Federal Airway V486 is Added to Read LEBRN, OH FIX CHARDON, OH VOR/DME 3000 CHARDON, OH VOR/DME ALLCO, PA FIX 3300 ALLCO, PA FIX JAMESTOWN, NY VOR/DME *3700 *3200—MOCA § 95.6526 VOR Federal Airway V526 is Amended to Delete WATERVILLE, OH VOR/DME DRYER, OH VOR/DME 2700 DRYER, OH VOR/DME CHARDON, OH VOR/DME 3000 CHARDON, OH VOR/DME YOUNGSTOWN, OH VORTAC 3000 YOUNGSTOWN, OH VORTAC MERCY, PA FIX 3000 MERCY, PA FIX CLARION, PA VOR/DME *3100 *3100—MOCA 95.6542 VOR Federal Airway V542 is Added to Read ROSEWOOD, OH VORTAC *LAWTO, OH FIX **4000 *4000—MRA **2500—MOCA *LAWTO, OH FIX MANSFIELD, OH VORTAC **4000 *4000—MRA **2500—MOCA MANSFIELD, OH VORTAC AKRON, OH VOR/DME 3000 AKRON, OH VOR/DME YOUNGSTOWN, OH VORTAC *3000 *2600—MOCA YOUNGSTOWN, OH VORTAC HAGAR, PA FIX 3000 HAGAR, PA FIX TIDIOUTE, PA VORTAC 3500 TIDIOUTE, PA VORTAC BRADFORD, PA VOR/DME *4000 *3500—MOCA BRADFORD, PA VOR/DME EXALL, PA FIX *4500 *3500—MOCA EXALL, PA FIX ELMIRA, NY VOR/DME *4000 *3500—MOCA ELMIRA, NY VOR/DME BINGHAMTON, NY VORTAC 3500 BINGHAMTON, NY VORTAC OXFOR, NY FIX 3500 OXFOR, NY FIX ROCKDALE, NY VOR/DME 4000 ROCKDALE, NY VOR/DME ALBANY, NY VORTAC 4000 ALBANY, NY VORTAC CAMBRIDGE, NY VOR/DME *4000 *3000—MOCA CAMBRIDGE, NY VOR/DME *JAMMA, VT FIX **6000 *5000—MCA JAMMA, VT FIX , W BND **5400—MOCA JAMMA, VT FIX LEBANON, NH VOR/DME 5000 § 95.6584 VOR Federal Airway V584 is Added to Read WATERVILLE, OH VOR/DME DRYER, OH VOR/DME *3000 *2200—MOCA § 95.6586 VOR Federal Airway V586 is Added to Read EXCEL, MO FIX MACON, MO VOR/DME *3000 *2300—MOCA MACON, MO VOR/DME QUINCY, IL VORTAC *2700 *2100—MOCA QUINCY, IL VORTAC PEORIA, IL VORTAC *2500 *2000—MOCA PEORIA, IL VORTAC MAROC, IL FIX *3000 *2300—MOCA MAROC, IL FIX PONTIAC, IL VOR/DME 2400 PONTIAC, IL VOR/DME JOLIET, IL VORTAC *3000 *2200—MOCA § 95.6609 VOR Federal Airway V609 is Added to Read SAGINAW, MI VOR/DME BENNY, MI FIX 2200 BENNY, MI FIX BANJO, MI FIX *3000 *2200—MOCA BANJO, MI FIX ZABLE, MI FIX *5000 *2900—MOCA ZABLE, MI FIX *RONDO, MI FIX 3000 *5000—MRA *RONDO, MI FIX OTREE, MI FIX **3000 *5000—MRA **2400—MOCA OTREE, MI FIX PELLSTON, MI VORTAC *3000 *2400—MOCA Airway segment From To Changeover points Distance From § 95.8003 VOR Federal Airway Changeover Points is Amended to Modify Changeover Point WHITE CLOUD, MI VOR/DME MANISTEE, MI VOR/DME 28 WHITE CLOUD. [FR Doc. E7-3051 Filed 2-22-07; 8:45 am] BILLING CODE 4910-13-P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 4 RIN 3038-AC35 Advertising by Commodity Pool Operators, Commodity Trading Advisors, and the Principals Thereof AGENCY: Commodity Futures Trading Commission. ACTION: Final rules. SUMMARY: The Commodity Futures Trading Commission (Commission or CFTC) has amended Regulation 4.41, which governs advertising by commodity pool operators (CPOs), commodity trading advisors (CTAs), and the principals thereof,
(1)To restrict the use of testimonials,
(2)to clarify the required placement of the prescribed simulated or hypothetical performance disclaimer, and
(3)to include within the regulation's coverage advertisement through electronic media (Amendments). This action is in furtherance of the Commission's longstanding view that all advertisements by CPOs, CTAs, and their principals must not be fraudulent, deceptive or misleading. EFFECTIVE DATE: March 26, 2007. FOR FURTHER INFORMATION CONTACT: Barbara S. Gold, Associate Director, or Peter B. Sanchez, Staff Attorney, Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, 1155 21st Street, NW., Washington, DC 20581, telephone numbers:
(202)418-5450 or
(202)418-5237, respectively; facsimile number:
(202)418-5528; and electronic mail: *bgold@cftc.gov* or *psanchez@cftc.gov* , respectively. SUPPLEMENTARY INFORMATION: I. Background A. Regulation 4.41 Part 4 of the Commission's regulations governs the operations and activities of CPOs and CTAs. 1 In particular, Regulation 4.41 pertains to advertising by CPOs, CTAs, and the principals 2 thereof, an issue first addressed by the Commission over 25 years ago. The Commission originally proposed that CPOs, CTAs, and their principals could not advertise their actual past performance results in a format other than that which the CPO or CTA was required to use in its Disclosure Document, 3 and that the presentation of simulated or hypothetical performance of a CPO, CTA, or the principals thereof would be prohibited. 4 In response to the comments received and its further deliberations on these proposals, the Commission adopted less restrictive advertising regulations. 5 1 17 CFR Part 4 (2006). The Commodity Exchange Act (Act), 7 U.S.C. 1 *et seq.* (2000), and the Commission's regulations issued thereunder may be accessed through the Commission's Web site, at *http://www.cftc.gov/cftc.cftclawreg.htm.* 2 The definition of the term “principal” is set forth in Regulation 4.10(e)(1), which cross-references the definition of the term in Regulation 3.1(a). An example of a principal of a CPO organized as a corporation would be the corporation's chief executive officer. 3 Regulations 4.21 and 4.24-4.26 and 4.31 and 4.34-4.36 concern the Disclosure Document that registered CPOs and CTAs, respectively, must prepare, deliver, and file. 4 45 FR 51600 (Aug. 4, 1980). 5 46 FR 26004 (May 8, 1981). With respect to the presentation of actual past performance, the Commission explained that it had adopted in Regulation 4.41(a) “a rule that leaves to the discretion of the [CPO, CTA, or principal] advertising performance results—whether actual, simulated or hypothetical—the format of that presentation, so long as that format is not false, misleading or deceptive.” 6 With regard to the presentation of simulated or hypothetical performance results, the Commission explained that it had adopted in Regulation 4.41(b) “a rule that allows the presentation of those results, provided that the presentation is accompanied by the statement prescribed in the rule,” whose purpose was “to alert prospective customers to the limitations inherent in simulated and hypothetical past performance results.” 7 The Commission also noted the scope of new Regulation 4.41—that it applied to both oral and written communications and regardless of whether a CPO or a CTA was exempt from registration under the Act. 8 6 While acknowledging that it was not possible to identify every advertisement that was prohibited by new Regulation 4.41, the Commission nonetheless gave notice in the **Federal Register** release announcing the adoption of the rule that it would consider the following, non-exclusive list of advertisements, to be prohibited:
(1)References only to successful trades, if during the same time period, trades which were unsuccessful were also recommended or executed;
(2)references to the results during a specific time period, if the results claimed were not fairly representative of results achieved for comparable periods;
(3)suggestions, assurances or claims of profit potential that do not also fairly present the possibility of loss;
(4)statements of opinions or predictions which are not clearly labeled as such or which have no reasonable basis in fact; and
(5)failure to disclose whether, and to what extent, fees, commissions and other expenses are reflected in the past performance results. *Id.* at 26012. 7 *Id.* 8 Section 4m(1) of the Act, 7 U.S.C. 6m(1) (2000), generally requires the registration of CPOs and CTAs. Regulation 4.13 provides exemptions from CPO registration for certain persons, and Sections 4m(1) and 4m(3) and Regulation 4.14 provide exemptions from CTA registration for certain other persons. B. The Proposal Based upon its experience with the operation of Regulation 4.41 over the course of the past 25 years, on August 23, 2006, the Commission published for comment proposed amendments to the regulation (Proposing Release). 9 Specifically, the Commission proposed to amend Regulation 4.41:
(1)To restrict the use of testimonials;
(2)to clarify the required placement of the prescribed simulated or hypothetical performance disclaimer; and
(3)to include within the regulation's coverage advertisement through electronic media (Proposal). 9 71 FR 49387. The Proposing Release may be accessed through the Commission's Web site, at *http://www.cftc.gov/files/foia/fedreg06/foi060823a.pdf.* C. The Comments on the Proposal The Commission received six comment letters in response to the Proposal, as follows: 10 one from a registered futures association; one from a bar association; one from a futures industry trade association; and three from unregistered CTAs. 11 The first three commenters supported the Proposal, stating that it would further the goals of Regulation 4.41. The CTAs, however, questioned the Commission's authority to adopt and maintain Regulation 4.41 altogether. 10 The comments on the Proposal similarly may be accessed through the Commission's Web site, at *http://www.cftc.gov/foia/comment06/foi06—005_1.htm* . 11 It appears that each of these CTAs is exempt from registration pursuant to Regulation 4.14(a)(9), which provides an exemption from registration for a CTA who does not direct client accounts or who does not provide commodity interest trading advice based on, or tailored to, the commodity interest or cash market positions or other circumstances or characteristics of particular clients. Specifically, they objected to Regulation 4.41 on the grounds that it violates the First Amendment as applied to some CTAs. However, as the Commission explained in the Proposing Release, false, deceptive or misleading commercial speech is not protected by the First Amendment, and disclosure requirements to ensure that commercial speech is not false, deceptive or misleading are a constitutionally permissible form of regulation. 12 Thus, the Commission continues to believe that, because Regulation 4.41 applies to forms of communication used by CTAs and CPOs for marketing their services, the regulation is subject to the constitutional standards for commercial speech and it complies with those standards. 12 71 FR at 49389, citing *Zauderer* v. *Office of Disciplinary Counsel* , 471 U.S. 626, 638 (1985), and *Pearson* v. *Shalala* , 164 F.3d 650, 655 (D.C. Cir. 1999). In light of the foregoing and the specific comments the Commission received on the Proposal, which are discussed more fully below, the Commission is adopting the revisions to Regulation 4.41 as proposed. In the Proposing Release, the Commission provided a detailed explanation of each revision it had proposed to make. Accordingly, the scope of this **Federal Register** release generally is restricted to responding to the comments received on the Proposal. The Commission invites interested persons to read the Proposing Release for a fuller discussion of the purpose of each of the amendments contained in the Proposal. II. Responses to the Comments A. New Regulation 4.41(a)(3): Testimonials on Actual Past Performance of CPOs, CTAs, and Their Principals As proposed and as adopted, Regulation 4.41(a)(3) requires advertisements of the actual past performance of a CPO, CTA, or a principal thereof that refer to a testimonial to prominently disclose specified information about the testimonial— *e.g.* , that it may not be representative of the experience of other clients. As the Commission noted, it modeled this provision upon Rule 2210(d)(2) of the National Association of Securities Dealers, Inc. (NASD), which sets similar limits on the use of testimonials in advertisements and other marketing materials applicable to NASD members— *i.e.* , persons who are registered as securities broker-dealers under the Securities Exchange Act of 1934 (BDs). 13 13 71 FR at 49388 n.9. One commenter questioned why the Commission proposed to regulate the use of testimonials along the lines of the NASD requirement for BDs, as opposed to adopting an outright prohibition against their use—as the Securities and Exchange Commission has done with respect to persons registered or required to be registered as investment advisers. 14 The same commenter asked the Commission to explain its rationale for how it approached the use of testimonials— *e.g.* , whether the Commission had based its approach on problems the Commission had observed or on requests for clarification from CPOs and CTAs. 14 *See* 17 CFR 275.206(4)-1(a)(1) (2006). The purpose of this amendment, as with all of the Amendments, is to “modernize and clarify” the Commission's regulations concerning communications with the public—which was the same purpose of the NASD in proposing its Rule 2210(d)(2). 15 While the Commission based this amendment on the observations of its staff, those observations were not of a nature so as to justify the adoption of an outright ban on testimonials at this time. In addition, the Commission notes that, as proposed and as adopted, Regulation 4.41(a)(3) applies to *all* CPOs and CTAs, not solely to those CPOs and CTAs subject to registration. 15 *See* 68 FR 27116 at 27117 (May 19, 2003). B. Amended Regulation 4.41(b): The Statement That Must Accompany Simulated or Hypothetical Performance of CPOs, CTAs, and Their Principals 1. Regulation 4.41(b)(1): The Text of the Statement Regulation 4.41(b)(1) prohibits the presentation of simulated or hypothetical performance results of a CPO, CTA, or principal thereof unless that presentation is accompanied by either:
(1)The statement prescribed by the regulation; or
(2)a statement prescribed by a registered futures association. The National Futures Association
(NFA)currently is the sole registered futures association, and it has prescribed such a statement in its Compliance Rule 2-29(c). 16 As proposed, the Commission has amended Regulation 4.41(b)(1) so as to clarify the meaning of the term “accompanied by” in the context of the statement prescribed by the regulation. 17 16 All of NFA's rules can be accessed through NFA's Web site, *www.nfa.futures.org.* 17 The Commission additionally has conformed the reference to performance in the statement to the references throughout Regulation 4.41(b), so the statement now refers to “simulated or hypothetical” performance (whereas previously it referred to “hypothetical or simulated” performance). One of the commenters on the Proposal questioned the need for alternative statements under the regulation. In response, the Commission notes that the availability of alternative statements provides a meaningful option for compliance with the regulation. Indeed, in the more than ten years following NFA's adoption of Compliance Rule 2-29(c), 18 the Commission has not been made aware of any compliance or other issues arising from the existence of alternative cautionary statements in Regulation 4.41(b)(1). 19 Accordingly, the Commission has not adopted the recommendation of this commenter that it abandon its own prescribed statement in favor of the prescribed NFA statement. 18 *See* NFA Notice to Members, Notice I-95-24 (Dec. 28, 1995). 19 The Commission also notes that the use of alternative cautionary statements is not restricted to the presentation of simulated or hypothetical performance results. Commission Regulation 1.55(b) sets forth the risk disclosure statement to be made to customers by futures commission merchants
(FCMs)and introducing brokers (IBs). Regulation 1.55(a) provides, however, that the Commission may approve a risk disclosure statement authorized by one or more foreign regulatory agencies or self-regulatory organizations. In 1994, the Commission approved the use of an alternative risk disclosure for use by FCMs and IBs for trading in futures and options in the United States, the United Kingdom, and Ireland. 59 FR 34376 (Jul. 5, 1994). The Commission similarly is unaware of any compliance or other problems arising from the existence of such dual general risk disclosures. Two commenters recommended that the Commission adopt an exception to its prescribed statement where advertisements are directed solely to persons who meet the definition of “qualified eligible person”
(QEP)in Commission Regulation 4.7. 20 They claimed adoption of such an exception would be consistent with NFA Compliance Rule 2-29(c)(6). However, based upon its review of the record of the adoption of the NFA rule, the Commission has concluded that the NFA rule does not provide for any such exception. 20 Regulation 4.7 makes relief from otherwise applicable disclosure, reporting and recordkeeping requirements available to registered CPOs and CTAs whose participants and clients are solely QEPs— *e.g.* , certain Commission and SEC registrants, “knowledgeable employees” and “qualified purchasers,” and accredited investors who have investments with an aggregate market value of $2 million. In its Notice to Members announcing the adoption of amendments to, and a formal interpretation of, Compliance Rule 2-29(c), NFA stated: Compliance Rule 2-29(c) and the Interpretative Notice do not apply to promotional materials directed exclusively to [QEPs] as defined in CFTC Regulation 4.7. However, CFTC Regulation 4.41(b) requires CPOs and CTAs to provide *all* potential pool participants or clients with either the disclaimer in NFA Compliance Rule 2-29(c) or the shorter disclaimer in CFTC Regulation 4.41(b)(1)(i) *if they are using hypothetical performance results.* Therefore, promotional materials directed to QEPs by CPOs and CTAs should continue to include the disclaimer in CFTC Regulation 4.41(b)(i) (unless they include the disclaimer in Compliance Rule 2-29(c)) (emphasis in the original). 21 21 *See supra* n. 18. This NFA advice was issued pursuant to the Commission's letter approving the amendments and interpretation, which stated: Under recently-amended Commission Regulation 4.41, persons who present commodity interest hypothetical trading results in their promotional material must include in such materials either the disclaimer specified in Commission Regulation 4.41(b)(1)(i) or a disclaimer which complies with the rules promulgated by a registered futures association pursuant to Section 17(j) of the Act. Accordingly, NFA should inform its members that while new NFA Compliance Rule 2-29(c)(4) would not require members to provide [QEPs] with any disclaimer under Rule 2-29, members would be required to provide QEPs with a disclaimer pursuant to Commission Regulation 4.41(b)(1)(i). Letter from Jean A. Webb, Secretary of the Commission, to Daniel J. Roth, NFA's General Counsel, dated Dec. 12, 1995. Moreover, given the nature of simulated or hypothetical performance results, the Commission does not believe that it is appropriate to extend the approach of fewer disclosures to QEPs in this instance. Due to their financial sophistication and/or wealth, QEPs may justifiably be presumed to be better equipped to obtain information regarding industry professionals and to scrutinize the risks and rewards for particular investments. However, it is not clear that QEPs, solely by virtue of their being QEPs, are able to identify each instance in which otherwise unexplained performance results are simulated or hypothetical. Accordingly, the Commission has not adopted the recommendation of these commenters. 2. Regulation 4.41(b)(2): The Meaning of “In Immediate Proximity” Regulation 4.41(b)(2) requires that the statement prescribed by Regulation 4.41(b)(1) be “prominently disclosed” if the simulated or hypothetical performance that is presented is other than oral. In order to make clear that simulated or hypothetical performance is clearly identified as such, as proposed and as adopted, Regulation 4.41(b)(2) specifies that the prescribed disclaimer also must be “in immediate proximity to the simulated or hypothetical performance being presented.” One commenter suggested that the proposed amendment lacked specificity as to the term “in immediate proximity.” The commenter requested that the Commission either define the term “in immediate proximity” or provide examples of how compliance with that requirement would be assessed in practice. In determining what constitutes “in immediate proximity” for the purpose of Regulation 4.41(b), the Commission does not believe that a bright-line test is practical for all circumstances. Rather, the Commission believes that, in determining what would constitute “in immediate proximity” to the simulated or hypothetical performance being advertised, the person providing the prescribed statement should use its best judgment. If it would be clear to someone viewing the simulated or hypothetical performance results that the statement is intended to refer to those particular performance results, then the statement would be “in immediate proximity” to the performance results. 22 Thus, placing the statement on the cover page of a document would not be sufficient, because it would be on a different page from the simulated or hypothetical performance being shown. Similarly, if simulated or hypothetical performance results appear on several pages, the statement should appear on a sufficient number of pages so as to leave no doubt as to the nature of the performance results as they appear on each of those several pages. 22 Additional guidance regarding unacceptable practices can be gleaned from past enforcement actions concerning violations of Section 4 *o* of the Act and Regulation 4.41. *See,* *e.g.* , *CFTC* v. *Vartuli* , 228 F.3d 94 (2d Cir. 2000) (prescribed statement appears on a separate page from the hypothetical trading results), and *CFTC* v. *Heffernan* , 245 F.Supp.2d 1276 (S.D. Ga. 2003) (statement on a webpage, but not included in the original advertisement containing the hypothetical performance). II. Related Matters A. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)23 requires that agencies, in proposing regulations, consider the impact of those regulations on small businesses. The Commission has previously established certain definitions of “small entities” to be used by the Commission in evaluating the impact of its regulations on such entities in accordance with the RFA. 24 23 5 U.S.C. 601 *et seq.* 24 47 FR 18618 (Apr. 30, 1982). With respect to CTAs, the Commission has previously stated that it would evaluate within the context of a particular rule proposal whether all or some affected CTAs would be considered to be small entities and, if so, the economic impact on them of the proposal. 25 Moreover, the Commission stated that CPOs would be considered small entities if they are exempt from registration by virtue of Regulation 4.13(a). 26 The Commission does not believe that the Amendments will have a significant impact on affected CTAs, CPOs, and their principals. This is because the only burden that will be imposed by the Amendments will be in furtherance of the obligation to comply with the antifraud provisions of Section 4 *o* of the Act when presenting the past performance of CTAs, CPOs, and their principals—whether by way of actual, simulated or hypothetical performance or through the use of testimonials. Assuming *arguendo* , however, that compliance with Section 4 *o* will constitute a significant burden, the burden is neither new nor additional, because the Amendments are consistent with the Commission's longstanding interpretation of Section 4 *o* as applicable to all advertisements by CTAs, CPOs, and their principals, including advertisements that are viewed electronically, and with the requirement that such advertisements must not be false or misleading. 25 *Id.* at 18620. 26 *Id* . The Commission did not receive any comments relative to its analysis of the application of the RFA to the Proposal. B. Paperwork Reduction Act The Paperwork Reduction Act of 1995
(PRA)27 imposes certain requirements on Federal agencies (including the Commission) in connection with their conducting or sponsoring any collection of information as defined by the PRA. The Amendments do not require a new collection of information on the part of any entities. 27 44 U.S.C. 3501 *et seq.* The Commission did not receive any comments relative to its analysis of the application of the PRA to the Proposal. C. Cost-Benefit Analysis Section 15(a) of the Act 28 requires the Commission to consider the costs and benefits of its action before issuing a new regulation under the Act. By its terms, Section 15(a) does not require the Commission to quantify the costs and benefits of a new regulation or to determine whether the benefits of the proposed regulation outweigh its costs. Rather, Section 15(a) simply requires the Commission to “consider the costs and benefits” of its action. 28 7 U.S.C. 19(a) (2000). Section 15(a) further specifies that costs and benefits shall be evaluated in light of five broad areas of market and public concern: Protection of market participants and the public; efficiency, competitiveness, and financial integrity of futures markets; price discovery; sound risk management practices; and other public interest considerations. Accordingly, the Commission could in its discretion give greater weight to any one of the five enumerated areas and could in its discretion determine that, notwithstanding its costs, a particular regulation was necessary or appropriate to protect the public interest or to effectuate any of the provisions or to accomplish any of the purposes of the Act. The Commission did not receive any comments relative to its cost-benefit analysis of the Proposal. List of Subjects in 17 CFR Part 4 Advertising, Commodity pool operators, Commodity trading advisors, Commodity futures, Commodity options, Customer protection, Reporting and Recordkeeping. For the reasons presented above, the Commission hereby amends chapter I of Title 17 of the Code of Federal Regulations as follows: PART 4—COMMODITY POOL OPERATORS AND COMMODITY TRADING ADVISORS 1. The authority citation for part 4 continues to read as follows: Authority: 7 U.S.C. 1a, 2, 4, 6b, 6c, 6 *l* , 6m, 6n, 6 *o* , 12a, and 23. 2. Section 4.41 is amended by removing “or” at the end of paragraph (a)(1), removing the period and adding a semi-colon and “or” at the end of paragraph (a)(2), adding new paragraph (a)(3), and revising paragraphs (b)(1)(i), (b)(2), and (c)(1) to read as follows: § 4.41 Advertising by commodity pool operators, commodity trading advisors, and the principals thereof.
(a)* * *
(3)Refers to any testimonial, unless the advertisement or sales literature providing the testimonial prominently discloses:
(i)That the testimonial may not be representative of the experience of other clients;
(ii)That the testimonial is no guarantee of future performance or success; and
(iii)If, more than a nominal sum is paid, the fact that it is a paid testimonial.
(b)* * *
(1)* * *
(i)The following statement: “These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.” ; or
(2)If the presentation of such simulated or hypothetical performance is other than oral, the prescribed statement must be prominently disclosed and in immediate proximity to the simulated or hypothetical performance being presented.
(c)* * *
(1)To any publication, distribution or broadcast of any report, letter, circular, memorandum, publication, writing, advertisement or other literature or advice, whether by electronic media or otherwise, including information provided via internet or e-mail, the texts of standardized oral presentations and of radio, television, seminar or similar mass media presentations; and Issued in Washington, DC, on February 16, 2007, by the Commission. Eileen A. Donovan, Acting Secretary of the Commission. [FR Doc. E7-3122 Filed 2-22-07; 8:45 am] BILLING CODE 6351-01-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection 19 CFR Part 123 Advance Electronic Presentation of Cargo Information for Truck Carriers Required To Be Transmitted Through ACE Truck Manifest at Ports in the States of Michigan and New York AGENCY: Customs and Border Protection, Department of Homeland Security. ACTION: Notice. SUMMARY: Pursuant to section 343(a) of the Trade Act of 2002 and implementing regulations, truck carriers and other eligible parties are required to transmit advance electronic truck cargo information to the Bureau of Customs and Border Protection
(CBP)through a CBP-approved electronic data interchange. In a previous notice, CBP designated the Automated Commercial Environment
(ACE)Truck Manifest System as the approved interchange and announced that the requirement that advance electronic cargo information be transmitted through ACE would be phased in by groups of ports of entry. This notice announces that at all land border ports in Michigan and New York, truck carriers will be required to file electronic manifests through the ACE Truck Manifest System. DATES: Trucks entering the United States through land border ports of entry in the states of Michigan and New York will be required to transmit the advance information through the ACE Truck Manifest system effective May 24, 2007. FOR FURTHER INFORMATION CONTACT: Mr. James Swanson, via e-mail at *james.d.swanson@dhs.gov* . SUPPLEMENTARY INFORMATION: Background Section 343(a) of the Trade Act of 2002, as amended (the Act; 19 U.S.C. 2071 note), required that CBP promulgate regulations providing for the mandatory transmission of electronic cargo information by way of a CBP-approved electronic data interchange
(EDI)system before the cargo is brought into or departs the United States by any mode of commercial transportation (sea, air, rail or truck). The cargo information required is that which is reasonably necessary to enable high-risk shipments to be identified for purposes of ensuring cargo safety and security and preventing smuggling pursuant to the laws enforced and administered by CBP. On December 5, 2003, CBP published in the **Federal Register** (68 FR 68140) a final rule to effectuate the provisions of the Act. In particular, a new section 123.92 (19 CFR 123.92) was added to the regulations to implement the inbound truck cargo provisions. Section 123.92 describes the general requirement that, in the case of any inbound truck required to report its arrival under section 123.1(b), if the truck will have commercial cargo aboard, CBP must electronically receive certain information regarding that cargo through a CBP-approved EDI system no later than 1 hour prior to the carrier's reaching the first port of arrival in the United States. For truck carriers arriving with shipments qualified for clearance under the FAST (Free and Secure Trade) program, section 123.92 provides that CBP must electronically receive such cargo information through the CBP-approved EDI system no later than 30 minutes prior to the carrier's reaching the first port of arrival in the United States. ACE Truck Manifest Test On September 13, 2004, CBP published a notice in the **Federal Register** (69 FR 55167) announcing a test allowing participating Truck Carrier Accounts to transmit electronic manifest data for inbound cargo through ACE, with any such transmissions automatically complying with advance cargo information requirements as provided in section 343(a) of the Trade Act of 2002. Truck Carrier Accounts participating in the test were given the ability to electronically transmit the truck manifest data and obtain release of their cargo, crew, conveyances, and equipment via the ACE Portal or electronic data interchange messaging. A series of notices announced additional deployments of the test, with deployment sites being phased in as clusters. Clusters were announced in the following notices published in the **Federal Register:** 70 FR 30964 (May 31, 2005); 70 FR 43892 (July 29, 2005); 70 FR 60096 (October 14, 2005); 71 FR 3875 (January 24, 2006); 71 FR 23941 (April 25, 2006); 71 FR 42103 (July 25, 2006); 71 FR 77404 (December 26, 2006) and 72 FR 7058 (February 14, 2007). CBP continues to test ACE at various ports. CBP will continue, as necessary, to announce in subsequent notices in the **Federal Register** the deployment of the ACE truck manifest system test at additional ports. Designation of ACE Truck Manifest System as the Approved Data Interchange System In a notice published October 27, 2006, (71 FR 62922), CBP designated the Automated Commercial Environment
(ACE)Truck Manifest System as the approved EDI for the transmission of required data and announced that the requirement that advance electronic cargo information be transmitted through ACE would be phased in by groups of ports of entry. ACE will be phased in as the required transmission system at some ports even while it is still being tested at other ports. However, the use of ACE to transmit advance electronic truck cargo information will not be required in any port in which CBP has not first conducted the test. The October 27, 2006, document identified all land border ports in the states of Washington and Arizona and the ports of Pembina, Neche, Walhalla, Maida, Hannah, Sarles, and Hansboro in North Dakota as the first group of ports where use of the ACE Truck Manifest System is mandated. Subsequently, CBP announced on January 19, 2007 (72 FR 2435) that, after 90 days notice, the use of the ACE Truck Manifest System will be mandatory at all land border ports in the states of California, Texas and New Mexico, as well. ACE Mandated at Land Border Ports of Entry in Michigan and New York Applicable regulations (19 CFR 123.92(e)) require CBP, 90 days prior to mandating advance electronic information at a port of entry, to publish notice in the **Federal Register** informing affected carriers that the EDI system is in place and fully operational. Accordingly, CBP is announcing in this document that, effective 90 days from the date of publication of this notice, truck carriers entering the United States at any land border port of entry in the states of Michigan and New York will be required to present advance electronic cargo information regarding truck cargo through the ACE Truck Manifest System. Although other systems that have been deemed acceptable by CBP for transmitting advance truck manifest data will continue to operate and may still be used in the normal course of business for purposes other than transmitting advance truck manifest data, use of systems other than ACE will no longer satisfy advance electronic cargo information requirements at a port of entry in Michigan and New York as of May 24, 2007. Compliance Sequence CBP will be publishing subsequent notices in the **Federal Register** as it phases in the requirement that truck carriers utilize the ACE system to present advance electronic truck cargo information at other ports. ACE will be phased in as the mandatory EDI system at the ports identified below in the sequential order in which they are listed. The sequential order provided below is somewhat different than that announced in the October 27, 2006, notice. Although further changes to this order are not currently anticipated, CBP will state in future notices if changes do occur. In any event, as mandatory ACE is phased in at these remaining ports, CBP will always provide 90 days' notice through publication in the **Federal Register** prior to requiring the use of ACE for the transmission of advance electronic truck cargo information at a particular group of ports. The remaining ports at which the mandatory use of ACE will be phased in, listed in sequential order, are as follows: 1. The remaining land border ports in the state of North Dakota and all land border ports in the state of Vermont. 2. All land border ports in the states of Idaho and Montana. 3. All land border ports in the states of Maine, New Hampshire, and Minnesota. 4. All land border ports in the state of Alaska. Dated: February 20, 2007. Deborah J. Spero, Acting Commissioner, Customs and Border Protection. [FR Doc. 07-829 Filed 2-22-07; 8:45 am]
Connectionstraces to 17
Traces to 17 documents
register
U.S. Code
- Purposes§ 3501
- Additional inspection services§ 136
- Federal Aviation Administration§ 106
- Short title§ 1
- Use of mails or other means or instrumentalities of interstate commerce by commodity trading advisors and commodity pool operators; relation to other law§ 6m
- Definitions§ 601
- Consideration of costs and benefits and antitrust laws§ 19
- Definitions§ 1a
- Establishment of Service; Commissioner; appointment§ 2071
17 references not yet in our index
- 7 CFR 318.13
- 7 CFR 305
- 7 CFR 3015
- 7 CFR 318
- 7 USC 7701-7772
- 7 CFR 2.22
- 14 CFR 39
- 14 CFR 71
- 1 CFR 51
- 14 CFR 95
- 17 CFR 4
- 471 U.S. 626
- 164 F.3d 650
- 17 CFR 275.206(4)
- 228 F.3d 94
- 245 F. Supp. 2d 1276
- 19 CFR 123
Citation graph
cites case law
Unknown
Final rule
SCOTUS471 U.S. 626
F. App'x164 F.3d 650
F. App'x228 F.3d 94
Cites 34 · showing 12Cited by 0 across 0 sources