Unknown. Interim rule; delay of effective date

7,383 words·~34 min read·/register/2007/02/26/07-856

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

--- schema: federal-register doc_type: fedreg source_file: FR-2007-02-26.xml --- 72 37 Monday, February 26, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Rural Housing Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, foreign; user fees: Imported fruits and vegetables grown in Canada; inspection and user fees along U.S./Canada border; exemptions removed Effective date delay, 8261 E7-3255 Antitrust Antitrust Division NOTICES National cooperative research notifications:

Open Mobile Alliance, 8401-8402 07-837 VSI Alliance, 8402 07-836 Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Coherent radar and ladar polarimeter, 8357 07-851 Localized Cellular Awareness and Tracking of Emergencies, 8357-8358 07-852 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 8385-8386 E7-3167 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 8386 E7-3184 Coast Guard Coast Guard RULES Drawbridge operations:

Connecticut, 8278 E7-3206 Florida, 8279 E7-3201 New York, 8278-8279 E7-3202 PROPOSED RULES Regattas and marine parades: Baltimore County Community Waterfront Festival, 8323-8325 E7-3211 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Defense Department See Army Department See Engineers Corps NOTICES Meetings:

Military Personnel Testing Advisory Committee, 8357 07-854 Economic Economic Development Administration NOTICES Adjustment assistance; applications, determinations, etc.: Prosco, Inc., et al., 8346-8347 E7-3174 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Atomic energy agreements; subsequent arrangements, 8362-8363 E7-3180 E7-3181 Environmental statements; notice of intent: Carbon Sequestration Program; cancellation, 8363 E7-3178 Engineers Engineers Corps PROPOSED RULES Danger zones and restricted areas:

Chesapeake Bay, MD; Bloodworth Island vicinity, 8325-8327 E7-2875 NOTICES Environmental statements; notice of intent: De Kalb County, TN; Center Hill Dam; operational changes, 8358-8359 07-853 New Hanover County, NC; Rich Inlet management plan, 8359-8361 07-848 New Orleans to Venice, LA; hurricane protection project, 8361-8362 07-850 EPA Environmental Protection Agency RULES Air pollution control: Benzene and other mobile source air toxics emissions reduction; gasoline passenger vehicles, and portable gasoline containers controls, 8428-8570 E7-2667 State operating permits programs— West Virginia, 8280-8283 07-847 Hazardous waste program authorizations:

Idaho, 8283-8287 E7-3207 PROPOSED RULES Air pollution control: State operating permits programs— West Virginia, 8332-8333 07-846 Air quality implementation plans; approval and promulgation; various States: Iowa, 8329-8332 E7-3204 NOTICES Meetings: Science Advisory Board, 8379-8380 E7-3208 Water pollution control: Safe Drinking Water Act— Indian Country, NM; underground injection control program permitting; land status determination, 8380-8381 E7-3203 Equal Equal Employment Opportunity Commission NOTICES Meetings;

Sunshine Act, 8381 07-884 FAA Federal Aviation Administration RULES Airworthiness directives: Pratt & Whitney, 8263-8265 E7-3017 Airworthiness standards: Special conditions— Raytheon Model BAe. 125 series 800A airplanes, 8261-8263 E7-3231 Class D airspace, 8265-8266 07-856 Class E airspace, 8266-8268 07-804 07-805 PROPOSED RULES Airworthiness directives: McDonnell Douglas, 8303-8313 E7-3165 E7-3166 E7-3169 E7-3170 E7-3171 Airworthiness standards: Special conditions— Dassault Aviation Model Falcon 7X airplane, 8296-8303 E7-3213 Class E airspace, 8314-8315 07-857 NOTICES Airport noise compatibility program:

Noise exposure maps— Great Falls International Airport, MT, 8412-8413 07-861 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 8381 07-881 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 8381 07-888 Federal Energy Federal Energy Regulatory Commission RULES Public Utility Holding Company Act of 2005; implementation: Public Utility Holding Company Act of 1935; repeal; rehearing order denied, 8277-8278 E7-3234 PROPOSED RULES Electric utilities (Federal Power Act):

Public utilities; business practice standards and communication protocols, 8318-8323 E7-3232 Electric utilities (Federal Power Act), Natural Gas Policy Act, and oil pipeline companies (Interstate Commerce Act): Quarterly financial reporting requirements and annual reports revisions, 8316-8318 E7-3233 NOTICES Electric rate and corporate regulation combined filings, 8372-8373 E7-3229 8373-8376 E7-3230 Environmental statements; notice of intent: AmerenUE, 8376-8377 E7-3185 Hydroelectric applications, 8369-8371, 8377-8378 E7-3216 E7-3217 E7-3218 E7-3224 Meetings:

Demand response in wholesale markets; technical conference, 8378-8379 E7-3219 Southwest Power Pool Independent Coordinator Of Transmission Stakeholders Policy Committee, 8379 E7-3186 *Applications, hearings, determinations, etc.:* Alabama Power Co., 8363-8364 E7-3214 Bobcat Gas Storage, 8364-8365 E7-3221 Caledonia Energy Partner, L.L.C., 8365 E7-3228 Columbia Gas Transmission Corp., 8365-8366 E7-3227 ColumbiaGrid, 8366 E7-3187 Columbia Gulf Transmission Co., 8366 E7-3220 Entergy Gulf States, Inc., 8367 E7-3190 Florida Gas Transmission Co., LLC, 8367 E7-3215 ISO New England, Inc., 8367-8368 E7-3222 E7-3223 National Fuel Gas Supply Corp., 8368-8369 E7-3226 Questar Overthrust Pipeline Co., 8369 E7-3225 Sonora Pipeline, LLC, 8369-8370 E7-3191 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8413-8417 E7-3196 E7-3197 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications; vision requirement exemptions, 8417-8420 E7-3189 FTC Federal Trade Commission NOTICES Meetings: Identity theft prevention; ID authentication processes; workshop, 8381-8383 E7-3238 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: Incidental take permits— Del Norte and Humboldt Counties, CA; northern spotted owl, 8393-8394 E7-3176 Grants and cooperative agreements; availability, etc.: Multistate Conservation Grant Program, 8394-8396 07-830 Meetings:

North American Wetlands Conservation Council, 8396 E7-3192 Food Food Safety and Inspection Service PROPOSED RULES Meat and poultry inspection: Poultry product exportation to United States; eligible countries; addition— Chile, 8293-8296 E7-3155 Foreign Foreign Assets Control Office NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, narcotics traffickers, and foreign terrorist organizations: Individuals and entities subject to various economic sanctions programs; list, 8423-8424 E7-3239 Forest Forest Service NOTICES Environmental statements; notice of intent:

Humboldt-Toiyabe National Forest, NV, 8337-8338 E7-3194 Umatilla National Forest, WA, 8338-8339 07-841 Recreation fee areas: Bridger-Teton National Forest, WY; cabin rental, 8339 07-843 Geological Geological Survey NOTICES Meetings: Carbon Cycle Science Program— Abrupt climate change synthesis and assessment product committee, 8396 07-840 Health Health and Human Services Department See Centers for Disease Control and Prevention See National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 8383-8384 E7-3175 E7-3177 Reports and guidance documents; availability, etc.:

National Toxicology Program, Center for Evaluation of Risks to Human Reproduction— Hydroxyurea Expert Panel Report, 8384-8385 E7-3151 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Freedom of Information Act; implementation, 8580-8584 E7-3140 NOTICES Grants and cooperative agreements; availability, etc.: Section 202 Demonstration Pre-Development Grant Program, 8572-8578 E7-3142 Industry Industry and Security Bureau PROPOSED RULES Export administration regulations:

License exceptions; destinations of diversion concern; Country Group C designation, 8315 E7-3252 NOTICES Export privileges; actions affecting: Jardine, Erika P., 8347-8348 07-842 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Hot-rolled carbon steel flat products from— Romania, 8348 E7-3235 Countervailing duties: Welded carbon steel standard pipe from— Turkey, 8348-8352 E7-3237 North American Free Trade Agreement (NAFTA); binational panel reviews:

Softwood lumber products from— Canada, 8352 E7-3156 International International Trade Commission NOTICES Import investigations: Agricultural vehicles and components, 8399-8400 E7-3139 Engines, components, and products containing the same, 8400 E7-3249 Justice Justice Department See Antitrust Division NOTICES Agency information collection activities; proposals, submissions, and approvals, 8400-8401 E7-3183 Labor Labor Department See Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 8402-8403 E7-3141 MISSING FOR:

Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 8403-8404 E7-3143 E7-3144 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Arizona, 8396-8397 07-818 National Archives National Archives and Records Administration RULES Public availability and use: Reproduction services; fee schedule, 8279-8280 E7-3162 PROPOSED RULES Public availability and use: Reproduction services; fee schedule, 8327-8329 E7-3160 National Credit National Credit Union Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8404-8405 E7-3154 Meetings;

Sunshine Act, 8405 07-890 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8420-8421 E7-3248 NIH National Institutes of Health NOTICES Meetings: National Eye Institute, 8386 07-831 National Institute of General Medical Sciences, 8386-8387 07-833 Recombinant DNA Advisory Committee, 8387 07-832 Scientific Review Center, 8387-8391 07-834 07-835 Patent licenses; non-exclusive, exclusive, or partially exclusive:

GlobeImmune Inc., 8391-8392 E7-3153 Reports and guidance documents; availability, etc.: National Institute of General Medical Sciences; 2008-2012 Strategic Plan, 8392-8393 E7-3152 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 8291-8292 07-864 Northeastern United States fisheries— Net mesh size measurement method, 8287-8289 E7-3241 Summer flounder, 8287 07-862 Western Pacific fisheries— Sea turtles protection;

Hawaii-based shallow-set longline fishery 7-day delay, 8289-8291 E7-3243 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico Fishery Management Council; public meetings, 8335 E7-3244 West Coast States and Western Pacific fisheries— Coastal pelagic species, 8335-8336 E7-3247 International fisheries regulations: Pacific tuna— Eastern tropical Pacific Ocean; purse seine and longline fisheries restrictions, 8333-8335 E7-3251 NOTICES Environmental statements; notice of intent:

Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, 8352-8354 E7-3240 Marine mammals: Incidental taking; authorization letters, etc.— Eglin Air Force Base, FL; precision strike weapons testing and training, 8354 E7-3242 Meetings: Science Advisory Board, 8354-8355 07-866 National Park National Park Service NOTICES Environmental statements; availability, etc.: Utah Museum of Natural History, University of Utah, UT; construction and operation, 8397 E7-3159 Environmental statements; notice of intent:

Great Falls Historic District, NJ; termination, 8397-8398 07-839 National Register of Historic Places; pending nominations, 8398-8399 E7-3261 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 8355-8357 E7-3182 E7-3209 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8421-8423 E7-3198 Rural Rural Housing Service NOTICES Grants and cooperative agreements; availability, etc.:

Section 538 Guaranteed Rural Rental Housing Program, 8339-8346 E7-3172 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 8406-8408 E7-3158 International Securities Exchange, Inc., 8408-8410 E7-3157 *Applications, hearings, determinations, etc.:* Gates Capital Partners, LLC and Bear Creek Inc., 8405-8406 E7-3173 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8410 E7-3150 E7-3161 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 8411-8412 E7-3210 E7-3212 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Olympia Industrial Lead, 8423 E7-3250 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 8424-8425 E7-3193 *Applications, hearings, determinations, etc.:* People's Bank, et al., 8425 07-845 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board RULES Air travel; nondiscrimination on basis of disability:

Carriage of service animals into United Kingdom; guidance, 8268-8277 E7-3195 Treasury Treasury Department See Foreign Assets Control Office See Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 8423 E7-3236 Veterans Veterans Affairs Department NOTICES Committees; establishment, renewal, termination, etc.: OIF/OEF Veterans and Families Advisory Committee, 8425 07-863 Separate Parts In This Issue Part II Environmental Protection Agency, 8428-8570 E7-2667 Part III Housing and Urban Development Department, 8572-8578 E7-3142 Part IV Housing and Urban Development Department, 8580-8584 E7-3140 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 37 Monday, February 26, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Parts 319 and 354 [Docket No. APHIS-2006-0096] RIN 0579-AC06 Agricultural Inspection and AQI User Fees Along the U.S./Canada Border;

Delay of Effective Date AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule; delay of effective date. SUMMARY: We published an interim rule on August 25, 2006, amending the foreign quarantine and user fee regulations by removing the exemptions from inspection for imported fruits and vegetables grown in Canada and the exemptions from user fees for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers entering the United States from Canada.

That interim rule had an effective date of November 24, 2006. Subsequently, we published a notice announcing the delay of the effective date of the removal of the user fee exemption for international air passengers until January 1, 2007, and the effective date for the remaining provisions of the rule, including the removal of the exemption from user fees for commercial vessels, commercial trucks, commercial railroad cars, and commercial aircraft entering the United States from Canada, until March 1, 2007.

We are now further delaying the effective date of the removal of the exemption from user fees for commercial trucks and railroad cars from Canada until June 1, 2007. We are making this change to allow additional time for us to conclude discussions with the Government of Canada regarding risks, inspections, and costs associated with land-border traffic entering the United States from Canada. DATES: The effective date for the amendments to 7 CFR 354.3(c)(1), (c)(2), (c)(3), (d)(2), and (d)(4) published on August 25, 2006 (71 FR 50320) and delayed on November 22, 2006 (71 FR 67436) is further delayed to June 1, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. Alan S. Green, Executive Director, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 36, Riverdale, MD 20737;

(301)734-8261. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR part 319 prohibit or restrict the importation of certain plants and plant products into the United States to prevent the introduction of plant pests. Similarly, the regulations in 9 CFR subchapter D prohibit or restrict the importation of certain animals and animal products into the United States to prevent the introduction of pests or diseases of livestock. The regulations in 7 CFR part 354 provide rates and requirements for overtime services relating to imports and exports and for user fees. On August 25, 2006, we published an interim rule in the **Federal Register** (71 FR 50320-50328) amending the regulations in 7 CFR parts 319 and 354 by removing the exemptions from inspection for imported fruits and vegetables grown in Canada and the exemptions from user fees for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers entering the United States from Canada. As a result of this action, all agricultural products imported from Canada were to be subject to inspection, and commercial conveyances, as well as airline passengers arriving on flights from Canada, were to be subject to inspection and user fees. The interim rule had an effective date of November 24, 2006. Delay in Effective Date We received comments from industry representatives and the Government of Canada expressing concern about the possible impact of the rule on affected entities and questioning whether the November 2006 effective date allowed adequate time for those entities to prepare to comply with the new inspection and collection procedures that we would be instituting in order to enforce the interim rule. After evaluating the comments, on November 22, 2006, we published a document in the **Federal Register** (71 FR 67436) announcing that we were delaying the effective date of the removal of the user fee exemption for international air passengers until January 1, 2007, and the effective date for the remaining provisions of the interim rule, including the removal of the exemption from user fees for commercial vessels, commercial trucks, commercial railroad cars, and commercial aircraft entering the United States from Canada, until March 1, 2007. We are now further delaying the removal of the exemption from user fees for commercial trucks and railroad cars entering the United States from Canada until June 1, 2007. We are making this change to allow additional time for us to conclude discussions with the Government of Canada regarding risks, inspections, and costs associated with land-border traffic entering the United States from Canada. The March 1, 2007, effective date for the removal of the exemption from user fees for commercial vessels and commercial aircraft entering the United States from Canada will remain unchanged. Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3. Done in Washington, DC, this 21st day of February 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-3255 Filed 2-23-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM369, Special Conditions No. 25-345-SC] Special Conditions: Raytheon Aircraft Company Model BAe.125 Series 800A; High-Intensity Radiated Fields

(HIRF)AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued for Raytheon Aircraft Company Model BAe.125 Series 800A airplanes modified by Duncan Aviation Inc. These modified airplanes will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification incorporates the installation of electronic flight and engine instrument systems. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for protecting these systems from the effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is February 12, 2007. We must receive your comments by March 28, 2007. ADDRESSES: You must mail two copies of your comments to: Federal Aviation Administration, Transport Airplane Directorate, Attention: Rules Docket (ANM-113), Docket No. NM369, 1601 Lind Avenue SW., Renton, Washington 98057-3356. You may deliver two copies to the Transport Airplane Directorate at the address indicated above. You must mark your comments: Docket No. NM369. You can inspect comments in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Greg Dunn, FAA, Airplane and Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone

(425)227-2799; facsimile

(425)227-1320. SUPPLEMENTARY INFORMATION: Comments Invited The FAA has determined that notice and opportunity for prior public comment is impracticable because these procedures would significantly delay certification of the airplane and thus delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon issuance; however, we invite interested persons to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning these special conditions. You may inspect the docket before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. We will consider all comments we receive by the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive. If you want the FAA to acknowledge receipt of your comments on these special conditions, include with your comments a pre-addressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it back to you. Background On October 27, 2006, Duncan Aviation, Inc., 15745 South Airport Road, Battle Creek, Michigan 49015, applied for a supplemental type certificate

(STC)to modify Raytheon Aircraft Company Model BAe.125 Series 800A airplanes currently approved under Type Certificate No. A3EU. The Model BAe.125 Series 800A airplanes are small transport category airplanes. They are powered by two turbojet engines, with maximum takeoff weight of 31,000 pounds as modified by Modification No. 253379A or 26,866 pounds as modified by Modification No. 25B047A. These airplanes operate with 2-person crew and can seat up to 15 passengers. The proposed modification is to install the Rockwell Collins Pro Line 21 Integrated Display Systems. The avionics/electronics and electrical systems installed in this airplane have the potential to be vulnerable to high-intensity radiated fields

(HIRF)external to the airplane. Type Certification Basis Under 14 CFR 21.101, Duncan Aviation, Inc. must show the Raytheon Aircraft Company Model BAe.125 Series 800A aircraft, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A3EU. They must also continue to meet the applicable regulations in effect on the date of application for the change. We commonly refer to the regulations incorporated by reference in the type certificate as the “original type certification basis.” The regulations incorporated by reference in Type Certificate No. A3EU include Part 10 of the British Civil Airworthiness Requirements. This certification is equivalent to Civil Air Regulations

(CAR)4b dated December 1953, as amended by Amendment 4b-1 through Amendment 4b-11, exclusive of CAR 4b 350(e). It includes Special Regulation SR 422B. In addition, the certification basis includes certain later amendments to 14 CFR part 25 that are not relevant to these special conditions. If the Administrator finds that the applicable airworthiness regulations ( *i.e.* , part 25, as amended) do not contain adequate or appropriate safety standards for the Raytheon Aircraft Company Model Bae.125, Series 800A airplanes, because of a novel or unusual design feature, special conditions are prescribed under § 21.16. Besides the applicable airworthiness regulations and special conditions, the Raytheon Aircraft Company Model BAe.125, Series 800A airplanes, must comply with the fuel vent exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36. We issue special conditions, as defined in 14 CFR 11.19, under § 11.38 and they become part of the type certification basis under § 21.101. Special conditions are initially applicable to the model for which they are issued. Should Duncan Aviation Inc., apply later for a supplemental type certificate to modify any other model included on Type Certificate No. A3EU to incorporate the same or similar novel or unusual design feature, these special conditions would also apply to the other model under § 21.101. Novel or Unusual Design Features As noted earlier, the Raytheon Aircraft Company Model BAe.125 Series 800A aircraft, as modified by Duncan Aviation, Inc., will incorporate the Rockwell Collins Pro Line 21 Integrated Display Systems that will perform critical functions. These systems may be vulnerable to high-intensity radiated fields external to the airplane. The current airworthiness standards of part 25 do not contain adequate or appropriate safety standards for the protection of this equipment from the adverse effects of HIRF. Therefore, we consider this system to be a novel or unusual design feature. Discussion There is no specific regulation that addresses protection requirements for electrical and electronic systems from HIRF. Increased power levels from ground-based radio transmitters and the growing use of sensitive avionics/electronics and electrical systems to command and control airplanes have made it necessary to provide adequate protection. To ensure that a level of safety is achieved equivalent to that intended by the regulations incorporated by reference, special conditions are needed for the Raytheon Aircraft Company Model BAe.125 Series 800A airplanes modified by Duncan Aviation, Inc. These special conditions require that new avionics/electronics and electrical systems that perform critical functions be designed and installed to preclude component damage and interruption of function because of both the direct and indirect effects of HIRF. High-Intensity Radiated Fields

(HIRF)With the trend toward increased power levels from ground-based transmitters, and the advent of space and satellite communications, coupled with electronic command and control of the airplane, the immunity of critical avionics/electronics and electrical systems to HIRF must be established. It is not possible to precisely define the HIRF to which the airplane will be exposed in service. There is also uncertainty concerning the effectiveness of airframe shielding for HIRF. Furthermore, coupling of electromagnetic energy to cockpit-installed equipment through the cockpit window apertures is undefined. Based on surveys and analysis of existing HIRF emitters, an adequate level of protection exists when compliance with the HIRF protection special condition is shown with either paragraph 1 OR 2 below: 1. A minimum threat of 100 volts rms (root-mean-square) per meter electric field strength from 10 KHz to 18 GHz. a. The threat must be applied to the system elements and their associated wiring harnesses without the benefit of airframe shielding. b. Demonstration of this level of protection is established through system tests and analysis. 2. A threat external to the airframe of the field strengths identified in the table below for the frequency ranges indicated. Both peak and average field strength components from the table are to be demonstrated. Frequency Field Strength (volts per meter) Peak Average 10 kHz-100 kHz 50 50 100 kHz-500 kHz 50 50 500 kHz-2 MHz 50 50 2 MHz-30 MHz 100 100 30 MHz-70 MHz 50 50 70 MHz-100 MHz 50 50 100 MHz-200 MHz 100 100 200 MHz-400 MHz 100 100 400 MHz-700 MHz 700 50 700 MHz-1 GHz 700 100 1 GHz-2 GHz 2000 200 2 GHz-4 GHz 3000 200 4 GHz-6 GHz 3000 200 6 GHz-8 GHz 1000 200 8 GHz-12 GHz 3000 300 12 GHz-18 GHz 2000 200 18 GHz-40 GHz 600 200 The field strengths are expressed in terms of peak of the root-mean-square

(rms)over the complete modulation period. The threat levels identified above are the result of an FAA review of existing studies on the subject of HIRF, in light of the ongoing work of the Electromagnetic Effects Harmonization Working Group of the Aviation Rulemaking Advisory Committee. Applicability As discussed above, these special conditions are applicable to Raytheon Aircraft Company Model BAe.125 Series 800A airplanes modified by Duncan Aviation, Inc. Should Duncan Aviation, Inc. apply later for a supplemental type certificate to modify any other model included on Type Certificate No. A3EU to incorporate the same or similar novel or unusual design feature, these special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on Raytheon Aircraft Company Model BAe.125 Series 800A airplanes as modified by Duncan Aviation, Inc. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane. The substance of these special conditions has been subjected to the notice and comment procedure in several prior instances and has been derived without substantive change from those previously issued. Because a delay would significantly affect the certification of the airplane, which is imminent, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon issuance. The FAA is requesting comments to allow interested persons to send views that may not have been sent in response to the prior opportunities for comment described above. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the supplemental type certification basis for Raytheon Aircraft Company Model BAe.125 Series 800A airplanes modified by Duncan Aviation, Inc. 1. *Protection from Unwanted Effects of High-Intensity Radiated Fields (HIRF).* Each electrical and electronic system that performs critical functions must be designed and installed to ensure that the operation and operational capability of these systems to perform critical functions are not adversely affected when the airplane is exposed to high-intensity radiated fields. 2. For the purpose of these special conditions, the following definition applies: *Critical Functions:* Functions whose failure would contribute to or cause a failure condition that would prevent the continued safe flight and landing of the airplane. Issued in Renton, Washington, on February 12, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-3231 Filed 2-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24034; Directorate Identifier 2006-NE-05-AD; Amendment 39-14959; AD 2007-04-26] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney PW4077D, PW4084D, PW4090, and PW4090-3 Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive

(AD)for Pratt & Whitney PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines that were reassembled with previously used high pressure compressor

(HPC)exit brush seal packs and new or refurbished HPC exit diffuser air seal lands. That AD currently requires replacing the HPC exit inner and outer brush seal packs with new brush seal packs, or replacing the HPC exit brush seal assembly with a new HPC exit brush seal assembly. This AD requires replacing the HPC exit inner and outer brush seal packs with new brush seal packs, using either original equipment manufactured

(OEM)parts, or FAA-approved part manufacturer approval

(PMA)parts. This proposed AD also applies to engines reassembled with a PMA HPC exit inner and or outer brush seal packs. This AD results from a request to include PMA HPC exit inner and outer brush seal packs and to include the engines with PMA parts already installed, in the AD. We are issuing this AD to prevent uncontained engine failure, damage to the airplane, and injury to passengers. DATES: This AD becomes effective April 2, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Antonio Cancelliere, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803-5213; telephone

(781)238-7751; fax

(781)238-7199; e-mail: *antonio.cancelliere@faa.gov* . SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to Pratt & Whitney PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines that were reassembled with previously used HPC exit brush seal packs and new or refurbished HPC exit diffuser air seal lands. We published the proposed AD in the **Federal Register** on November 20, 2006 (71 FR 67073). That action proposed to require replacing the HPC exit inner and outer brush seal packs with new brush seal packs, using either OEM parts, or FAA-approved PMA parts. That action also proposed to apply to engines reassembled with a PMA HPC exit inner and or outer brush seal packs. 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 Docket Office 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. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Add Part Numbers in the AD Applicability One commenter, All Nippon Airways, requests that we add Pratt & Whitney and PMA part numbers in the AD applicability to avoid confusion as to what parts are to be removed and replaced. We do not agree. We adequately identified the parts requiring replacement, as well as the unsafe condition, in the proposed AD. Pratt & Whitney part numbers can be found in Alert Service Bulletin No. PW4G-112-A72-280, Revision 2, dated January 12, 2007, which we refer to as additional information. We did not change the AD. Request To Allow Installing an HPC Exit Brush Seal Assembly One commenter, Pratt & Whitney, requests that we also allow installing an HPC exit brush seal assembly, in lieu of installing an HPC exit brush seal pack, to comply with the AD. We agree. Compliance with the AD can be achieved by installing either an HPC exit brush seal pack or an HPC exit brush seal assembly. Although installing an HPC exit brush seal assembly may be more costly for operators, it may be more convenient. We changed the AD compliance to allow for either replacement. Used Part Prohibition For clarification, we added a used part prohibition paragraph in the compliance section. It states that engine reassembly with used OEM or used FAA-approved PMA HPC exit inner and outer brush seal packs with OEM or FAA-approved PMA new HPC exit inner and outer brush seal lands, is prohibited. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance We estimate that this AD will affect 76 Pratt & Whitney PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines installed on airplanes of U.S. registry. We also estimate that it will take about 9 work-hours per engine to perform the parts replacement, and that the average labor rate is $80 per work-hour. Required parts will cost about $99,990 per engine. Based on these figures, we estimate the total cost of the AD to U.S. operators to be $7,653,950. 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 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 Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-14729 (71 FR 49335, August 23, 2006), and by adding a new airworthiness directive, Amendment 39-14959, to read as follows: **2007-04-26 Pratt & Whitney:** Amendment 39-14959. Docket No. FAA-2006-24034; Directorate Identifier 2006-NE-05-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective April 2, 2007. Affected ADs

(b)This AD supersedes AD 2006-17-08, Amendment 39-14729. Applicability

(c)This AD applies to Pratt & Whitney PW4077D, PW4084D, PW4090, and PW4090-3 turbofan engines that were:

(1)Reassembled with a previously used original equipment manufacturer

(OEM)or part manufacturer approval

(PMA)high pressure compressor

(HPC)exit inner brush seal pack; and

(2)Reassembled with a new or refurbished OEM or PMA HPC exit diffuser air seal inner land.

(d)These engines are installed on, but not limited to, Boeing 777 airplanes. Unsafe Condition

(e)This AD supersedure results from a request to include PMA HPC exit inner and outer brush seal packs and to include the engines with PMA parts already installed, in the AD. This AD action is the result of a report of oil leaking into the high pressure turbine

(HPT)interstage cavity and igniting, leading to an engine case penetration and engine in-flight shutdown. We are issuing this AD to prevent uncontained engine failure, damage to the airplane, and injury to passengers. Compliance

(f)You are responsible for having the actions required by this AD performed at the following compliance times, unless the actions have already been done.

(g)Replace the HPC exit inner and outer brush seal packs with OEM or FAA-approved PMA new HPC exit inner and outer brush seal packs, or an OEM or FAA-approved PMA new HPC exit brush seal assembly, as follows:

(1)By 3,000 cycles-in-service

(CIS)since a used HPC exit inner brush seal pack and a new or refurbished HPC exit diffuser air seal land were installed in the engine, or by March 31, 2007, whichever occurs later; however

(2)If on March 31, 2007, the used HPC exit inner brush seal pack coupled with a new or refurbished HPC exit diffuser air seal inner land assembly has not accumulated 3,000 CIS, then by 3,000 CIS, or December 31, 2008, whichever occurs first. Used Part Prohibition

(h)Engine reassembly with used OEM or used FAA-approved PMA HPC exit inner and outer brush seal packs with OEM or FAA-approved PMA new HPC exit inner and outer brush seal lands, is prohibited.

(i)Information on replacing HPC exit inner and outer brush seal packs can be found in the Pratt & Whitney Alert Service Bulletin No. PW4G-112-A72-280, Revision 2, dated January 12, 2007, and in the engine overhaul manual. Alternative Methods of Compliance

(j)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information

(k)Pratt & Whitney Alert Service Bulletin No. PW4G-112-A72-280, Revision 2, dated January 12, 2007, also pertains to the subject of this AD.

(l)Contact Antonio Cancelliere, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803-5213; telephone

(781)238-7751; fax

(781)238-7199; e-mail: *antonio.cancelliere@faa.gov* for more information about this AD. Issued in Burlington, Massachusetts, on February 16, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-3017 Filed 2-23-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-26311; Airspace Docket No. 06-AWP-19] RIN 2120-AA66 Modification of Class D Airspace; Luke Air Force Base, AZ AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies Class D airspace at Luke Air Force Base (LUF), AZ. This modification is necessary to contain and protect circling maneuvers for Category E aircraft executing these maneuvers in conjunction with Standard Instrument Approach Procedures (SIAPs) at the airport. DATES: *Effective Date:* 0901 UTC, May 10, 2007. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Francie Hope, System Support Specialist, Western Service Center, AJO2-W2, Federal Aviation Administration, 15000 Aviation Boulevard, Lawndale, California 90261, telephone

(310)725-6502. SUPPLEMENTARY INFORMATION: History On December 7, 2006, the FAA published in the **Federal Register** (71 FR 70910) a notice of proposed rulemaking to revise the Class D airspace at Luke Air Force Base, AZ. Interested parties were invited to participate in this rulemaking effort by submitting written comments on this proposal to the FAA. On January 11, 2007, a notice of proposed rulemaking correction was published in the **Federal Register** (72 FR 1301), changing the legal description to better describe the requisite airspace. No comments were received. This modification is the same as that proposed in the notice. Class D airspace areas are published in Paragraph 5000 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 D airspace designation listed in this document will be published subsequently in the Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying the Class D airspace area for Luke Air Force Base, AZ. This modification is necessary to contain and protect circling maneuvers for Category E aircraft executing these maneuvers in conjunction with Standard Instrument Approach Procedures (SIAPs) at the airport. This action modifies the existing LUF Class D airspace to extend upward from the surface to, but not including, 4000 feet mean sea level

(MSL)and within a 5.6-mile radius of Luke AFB from a point intersecting the northwest portion of the Goodyear Class D airspace clockwise to a point intersecting the northern portion of the Glendale Class D airspace; and within a 4.4 mile radius of Luke AFB from the intersection of the southern portion of the Glendale Class D airspace clockwise to the intersection of the Goodyear Class D airspace; and excluding that portion within the Glendale, AZ, and Goodyear, AZ Class D airspace areas. 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. Therefor, this regulation:

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

(2)is not a “significant rule” under Department of Transportation 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 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 5000 Class D Airspace. AWP AZ D Phoenix, Luke AFB, AZ [Amended] Phoenix Luke AFB, AZ (Lat. 33°32′06″ N, long. 112°22′59″ W) That airspace extending upward from the surface to but not including 4,000 feet MSL and within a 5.6-mile radius of Luke AFB from a point intersecting the northwest portion of the Goodyear Class D airspace clockwise to a point intersecting the northern portion of the Glendale Class D airspace; and within a 4.4 mile radius of Luke AFB from the intersection of the southern portion of the Glendale Class D airspace clockwise to the intersection of the Goodyear Class D airspace; and excluding that portion within the Glendale, AZ, and Goodyear, AZ Class D airspace areas. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continually published in the Airport/Facility Directory. Issued in Los Angeles, California, on February 5, 2007. Teri L. Bristol, Acting Director of Terminal Operations, Western Service Area. [FR Doc. 07-856 Filed 2-23-07; 8:45 am]

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