Unknown. Final rule; announcement of approval and compliance date, with technical amendment
20,220 words·~92 min read·
/register/2007/03/23/07-55504A 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-2007-03-23.xml --- 72 56 Friday, March 23, 2007 Contents Agricultural Agricultural Marketing Service RULES Cherries
(tart)grown in Michigan, et al., 13674-13679 E7-5313 Nectarines and peaches grown in California, 13671-13674 E7-5311 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Foreign Agricultural Service See Forest Service Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcohol; viticultural area designations: Green Valley of Russian River Valley, Sonoma County, CA, 13690-13693 E7-5413 PROPOSED RULES Alcohol; viticultural area designations: Paso Robles Westside, San Luis Obispo County, CA, 13720-13721 E7-5353 Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.: Nonregulated status determinations— Monsanto Co.; genetically engineered glyphosate-tolerant alfalfa, 13735-13736 E7-5344 Sygenta Seeds, Inc.; corn genetically engineered for insect resistance, 13736-13737 E7-5345 Architectural Architectural and Transportation Barriers Compliance Board RULES Americans with Disabilities Act; implementation: Accessibility guidelines— Buildings and facilities; construction and alterations, 13706-13707 E7-5049 Army Army Department See Engineers Corps NOTICES Environmental statements; availability, etc.: Fort Bliss, TX and NM; land and airspace use, 13751 07-1432 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 Meetings: National Center for Environmental Health/Agency for Toxic Substances and Disease Registry— Scientific Counselors Board, 13791 E7-5341 Centers Centers for Medicare & Medicaid Services RULES Medicare: Physicians’ referrals to health care entities with which they have financial relationships; effectiveness continuation, etc., 13710-13711 07-1434 PROPOSED RULES Medicaid: Health care-related taxes, 13726-13734 07-1331 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13791-13794 E7-4900 E7-5296 E7-5297 Committees; establishment, renewal, termination, etc.: Ambulatory Payment Classification Groups Advisory Panel, 13795-13796 E7-5305 Medicare Education Advisory Panel; meeting, 13796-13797 E7-5299 Medicare: Hospital inpatient prospective payment systems and 2007 FY rates; correction, 13798-13799 E7-5290 Hospital wage index; geographic reclassifications; expiration date extension, 13799-13801 E7-5298 Medicare prescription drug appeals process; own motion review provisions; applicability, 13801-13803 E7-5304 Medicare and medicaid: Organ procurement organizations; hospital waiver applications, 13797-13798 E7-5328 Meetings: Medicare— Emergency Medical Treatment and Labor Act Technical Advisory Group, 13803-13805 E7-5329 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Florida, 13742 E7-5381 Coast Guard Coast Guard RULES Drawbridge operations: Massachusetts, 13693-13694 E7-5376 New York, 13693 E7-5389 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13810-13811 E7-5301 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration 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, 13741-13742 E7-5418 E7-5419 E7-5420 Consumer Consumer Product Safety Commission RULES Flammable Fabrics Act: Children's sleepwear (sizes 0-6X); flammability standards— Technical corrections, 13688-13689 E7-5303 Customs Customs and Border Protection Bureau PROPOSED RULES National Customs Automation Program: Merchandise entry; remote location filing, 13714-13720 07-1330 Defense Defense Department See Army Department See Engineers Corps PROPOSED RULES Civilian health and medical program of uniformed services (CHAMPUS): TRICARE program — Dental Program; John Warner National Defense Authorization Act changes, 13721-13722 07-1375 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Cayman Chemical Co., 13822-13823 E7-5386 ISP Freetown Fine Chemicals, Inc., 13823 E7-5395 JFC Technologies, LLC, 13823 E7-5394 Johnson Matthey, Inc., 13823-13824 E7-5401 National Center for Natural Products Research -NIDA MProject, University of Mississippi, 13824 E7-5398 Norac, Inc., 13824 E7-5392 Organix Inc., 13824-13825 E7-5403 Correction, 13824 E7-5385 Penick Corp., 13825 E7-5400 Sigma Aldrich Research, Biochemicals, Inc., 13825 E7-5391 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-5346 13752-13753 E7-5347 Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Native Hawaiian Education Program, 13754-13757 E7-5374 Small, Rural School Achievement Program, 13753-13754 E7-5373 Special education and rehabilitative services— Migrant and Seasonal Farmworkers Program (FY 2007), 13757-13761 E7-5370 Recreational Programs (FY 2007), 13761-13764 E7-5371 Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities Program, 13764-13770 E7-5377 Vocational and adult education— Native American Career and Technical Education Program, 13770-13780 E7-5372 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Meetings: North Dakota River Task Force, 13751 07-1433 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Illinois, 13708-13710 E7-5359 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Arizona and California, 13723-13726 E7-5357 Illinois, 13722-13723 E7-5360 NOTICES Environmental statements; availability, etc.: Agency comment availability, 13785-13786 E7-5356 Agency weekly receipts, 13786 E7-5354 Pesticide registration, cancellation, etc.: Amvac Chemical Corp., 13786-13789 E7-5260 Reports and guidance documents; availability, etc.: Causal Analysis/Diagnosis Decision Information System, Part 2; comment request, 13789-13790 E7-5358 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Air carrier certification and operations: Airman and airman medical certificate holders; disqualification due to alcohol violations or refusals to submit to drug and alcohol testing; CFR correction, 13688 07-55504 Airworthiness directives: Airbus, 13681-13683, 13685-13686 E7-5213 E7-5221 Bombardier, 13683-13685 E7-5217 Eurocopter Deutschland GmbH, 13679-13681 E7-5139 Standard instrument approach procedures, 13686-13688 E7-5099 PROPOSED RULES Airworthiness directives: APEX Aircraft, 13712-13714 E7-5226 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13855 07-1440 07-1441 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 13783-13785 E7-5327 Meetings: Idaho Power Co.; tribal consultations, 13785 E7-5349 *Applications, hearings, determinations, etc.:* Columbia Gas Transmission Corp., E7-5324 13780-13781 E7-5325 E7-5326 Columbia Gulf Transmission Co., 13781 E7-5323 Eastern Shore Natural Gas Co., 13781-13782 E7-5321 E7-5322 Kinder Morgan Texas Pipeline, L.P., 13782-13783 E7-5320 Powell, Fred G., 13783 E7-5318 Smith, William Harold, 13783 E7-5319 Federal Housing Federal Housing Enterprise Oversight Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 13814-13815 E7-5363 Federal Housing Federal Housing Finance Board NOTICES Meetings; Sunshine Act, 13790 07-1453 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13855-13856 E7-5314 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 13790-13791 E7-5355 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Alternatives Analysis Discretionary Program, 13980-13981 E7-4830 Bus and Bus Facilities Program, 13968-13971 E7-4832 Bus and Bus-Related Facilities Discretionary Grant Program, 13974-13978 E7-4833 Transit assistance programs— Apportionments, allocations and program information, 13872-13966 07-1290 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 13815-13816 E7-5310 Endangered and threatened species and/or marine mammal permit applications, 13817-13818 E7-5364 Endangered and threatened species and marine mammal permit applications, determinations, etc., 13816-13817 E7-5382 Environmental statements; availability, etc.: San Joaquin Valley, CA; Pacific Gas & Electric Co.; habitat conservation plan, 13818-13820 E7-5334 Grants and cooperative agreements; availability, etc.: Funding agreements with self-governance tribes; eligible programs; list, 13820-13822 E7-5343 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: FDA Advisory Committees; members and staff procedures for determining conflict of interest and eligibility for participation; draft guidance, 13805-13806 07-1459 Food Food and Nutrition Service RULES Child nutrition programs: Child and Adult Care Food Program— Senior Farmers’ Market Nutrition Program, 13671 E7-5330 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13737-13738 E7-5333 Foreign Foreign Agricultural Service NOTICES World Trade Organization Agreement on Agriculture; safeguard provisions; product coverage and trigger levels, 13738-13740 07-1423 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Arkansas, 13743 E7-5375 Forest Forest Service NOTICES International Forestry Cooperation Act: Hawaii Experimental Tropical Forest, HI; establishment, 13740 E7-5302 Land and resource management plans, etc.: Grand Mesa, Uncompahgre and Gunnison National Forests, CO, 13740-13741 07-1372 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 Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13791 07-1443 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13806-13807 E7-5293 Meetings: Heritable Disorders and Genetic Diseases in Newborns and Children Advisory Committee, 13807 E7-5300 Nurse Education and Practice National Advisory Council, 13807 E7-5295 Reports and guidance documents; availability, etc.: Health center service area overlap; issues and conflicts resolution; policy guidance, 13807-13808 E7-5291 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office PROPOSED RULES Grants and agreements: Nonprocurement debarment and suspension; OMB guidance; implementation, 14016-14030 E7-5167 NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 13984-14013 E7-5091 Meetings: Manufactured Housing Consensus Committee; conference call, 13813-13814 E7-5294 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 13861-13867 E7-5273 E7-5287 E7-5289 Meetings: Taxpayer Advocacy Panels, 13867-13868 E7-5288 Reports and guidance documents; availability, etc.: Art Advisory Panel; 2006 closed meetings; summary, 13868 E7-5283 International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— Various countries, 13743 E7-5396 Freshwater crawfish tail meat from— China, 13744 E7-5393 Hot-rolled carbon steel flat products from— Netherlands, 13744-13745 E7-5406 Pasta from— Italy, 13745 E7-5383 Polyethylene terephthalate film, sheet, and strip from— India, 13745 E7-5387 Saccharin from— China, 13746 E7-5379 Stainless steel flanges from— India, 13746-13747 E7-5404 Steel concrete reinforcing bars from— Turkey, 13747 E7-5402 Committees; establishment, renewal, termination, etc.: U.S.-Brazil CEO Forum, 13747-13748 E7-5390 International International Trade Commission RULES Adjudicative procedures; investigations and proceedings, 13689-13690 E7-5177 Justice Justice Department See Drug Enforcement Administration NOTICES Pollution control; consent judgments: MFS, Inc., 13822 07-1429 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Nevada; canceled, 13822 07-1288 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Meetings; Sunshine Act, 13827 07-1458 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13856-13858 E7-5409 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 13711 07-1438 NOTICES Committees; establishment, renewal, termination, etc.: Thunder Bay National Marine Sanctuary Advisory Council, 13748 07-1437 Meetings: New England Fishery Management Council, 13748-13750 E7-5306 E7-5317 North Pacific Fishery Management Council, 13750 E7-5307 Scientific research permit applications, determinations, etc., 13750 E7-5380 National Park National Park Service RULES Special regulations: Boating and water use activities, 13694-13706 E7-5111 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 13827 07-1460 Nuclear Nuclear Regulatory Commission NOTICES Export and import license applications for nuclear facilities and materials: Westinghouse Electric Co., LLC, 13828 E7-5336 Meetings: Reactor Safeguards Advisory Committee, 13828 E7-5335 *Applications, hearings, determinations, etc.:* Virginia Electric and Power Co., 13827-13828 E7-5340 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13825-13827 E7-5292 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13858-13859 07-1439 Meetings: Pipeline safety— Technical Pipeline Safety Standards Advisory Committee and Technical Hazardous Liquid Pipeline Safety Standards Committee, 13859-13860 E7-5407 Presidential Presidential Documents PROCLAMATIONS Special observances: Greek Independence Day: A National Day of Celebration of Greek and American Democracy (Proc. 8115), 14031-14034 07-1477 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 13828-13829 E7-5365 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: John Hancock Life Insurance Co., et al., 13829-13837 E7-5315 Meetings; Sunshine Act, 13837 E7-5429 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 13837-13839 E7-5309 Chicago Board Options Exchange, Inc., 13839-13842 E7-5308 Depository Trust Co., 13842-13843 E7-5351 NASDAQ Stock Market LLC, 13843-13846 E7-5348 National Securities Clearing Corp., 13846-13847 E7-5350 NYSE Arca, Inc., 13847-13851 E7-5316 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13851-13854 E7-5281 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13808-13810 07-1445 Surface Surface Transportation Board NOTICES Rail carriers: Rail cost adjustment factor; quarterly approval, 13860 E7-5338 Railroad services abandonment: New York & Greenwood Lake Railway, 13860-13861 E7-5250 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service PROPOSED RULES National Customs Automation Program: Merchandise entry; remote location filing, 13714-13720 07-1330 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 13811-13813 E7-5366 E7-5368 E7-5369 Veterans Veterans Affairs Department NOTICES Disability compensation and dependency and indemnity compensation programs; cost-of-living rates adjustments, 13868-13869 E7-5331 Meetings: CARES Business Plan Studies Advisory Committee, 13869 07-1428 Minority Veterans Advisory Committee, 13869 07-1430 Separate Parts In This Issue Part II Transportation Department, Federal Transit Administration, 13872-13966 07-1290 Part III Transportation Department, Federal Transit Administration, 13968-13971 E7-4832 Part IV Transportation Department, Federal Transit Administration, 13974-13978 E7-4833 Part V Transportation Department, Federal Transit Administration, 13980-13981 E7-4830 Part VI Housing and Urban Development Department, 13984-14013 E7-5091 Part VII Housing and Urban Development Department, 14016-14030 E7-5167 Part VIII Executive Office of the President, Presidential Documents, 14031-14034 07-1477 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 56 Friday, March 23, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 249 [FNS-2006-0046] RIN 0584-AD35 Senior Farmers' Market Nutrition Program Regulations; Announcement of Approval and Compliance Date, With Technical Amendment AGENCY: Food and Nutrition Service, USDA. ACTION: Final rule; announcement of approval and compliance date, with technical amendment. SUMMARY: The provisions of the final rule entitled Senior Farmers? Market Nutrition Program Regulations published on December 12, 2006, contained information collection requirements that required approval by the Office of Management and Budget (OMB). This document announces the approval date of the provisions contained in the final rule and amends the final rule to include the OMB Control Number assigned to the information collection burden. DATES: *Effective date:* The technical amendment to § 249.27 will become effective on March 23, 2007. *Approval date:* The information collection requirements of §§ 249.1 through 249.26 of the rule published in the **Federal Register** on December 12, 2006 (71 FR 74618), were approved by OMB on January 5, 2007. *Compliance date:* Compliance with the provisions of the SFMNP Final Rule, including the information collection requirements, is required as of January 11, 2007. FOR FURTHER INFORMATION CONTACT: Debra Whitford or Donna Hines, Supplemental Food Programs Division, Food and Nutrition Service, USDA, 3101 Park Center Drive, Room 528, Alexandria, Virginia 22302,
(703)305-2746, OR *Debbie.Whitford@fns.usda.gov,* or *Donna.Hines@fns.usda.gov.* List of Subjects in 7 CFR Part 249 Aging, Community supported agriculture programs, Elderly, Farmers, Farmers' markets, Food assistance programs, Food donations, Grant programs, Nutrition education, Public assistance programs, Seniors, Social programs. Accordingly, 7 CFR part 249 is amended to read as follows: PART 249—SENIOR FARMERS' MARKET NUTRITION PROGRAM 1. The authority citation for 7 CFR part 249 continues to read as follows: Authority: 7 U.S.C. 3007. 2. Section 249.27 is added to read as follows: § 249.27 OMB Control Number. The information collection requirements for part 249 have been reviewed and approved by the Office of Management and Budget (OMB). The OMB approval number is 0584-0541. Dated: March 16, 2007. George Braley, Acting Administrator, Food and Nutrition Service. [FR Doc. E7-5330 Filed 3-22-07; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 916 and 917 [Docket No. AMS-FV-06-0189; FV07-916/917-1 FIR] Nectarines and Peaches Grown in California; Revision of Regulations on Production Districts, Committee Representation, and Nomination Procedures AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule revising the administrative rules and regulations that define production districts, allocate committee membership, and specify nomination procedures for the Nectarine Administrative Committee
(NAC)and the Peach Commodity Committee
(PCC)(committees). The committees are responsible for local administration of the Federal marketing orders (orders) for fresh nectarines and peaches grown in California, respectively. This rule also continues in effect the revision to the committees' mailing address. These revisions are necessary to bring the orders' administrative rules and regulations into conformance with the recently amended order provisions. DATES: *Effective Date:* April 23, 2007. FOR FURTHER INFORMATION CONTACT: Laurel May, Marketing Specialist, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; *Telephone:*
(202)720-2491, *Fax:*
(202)720-8938, or *E-mail: Laurel.May@usda.gov;* or Kurt Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, California 93721; Telephone
(559)487-5901, *Fax:*
(559)487-5906, or *E-mail: Kurt.Kimmel@usda.gov.* Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; *Telephone:*
(202)720-2491, *Fax:*
(202)720-8938, or *E-mail: Jay.Guerber@usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order Nos. 916 and 917, both as amended (7 CFR parts 916 and 917), regulating the handling of nectarines and peaches grown in California, respectively, hereinafter referred to as the “orders.” The orders are effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” USDA is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule continues in effect the action that removed or revised obsolete language in the orders' administrative rules and regulations pertaining to the alignment of production districts; the allocation of committee membership; and the nomination processes for NAC, Shipper's Advisory Committee, PCC, and Control Committee members. This rule also continues in effect to change the PCC's business address by removing reference to the Control Committee in order to reflect current committee operations. These changes are needed to bring the orders' administrative rules and regulations into conformity with amendments to the orders' provisions recently approved by nectarine and peach growers. These changes were unanimously recommended by the committees at their meetings on August 31, 2006. Production Districts and Committee Membership Allocation Nectarine Administrative Committee Section 916.12 of the nectarine order establishes the nectarine production districts into which the state of California has been divided. Section 916.20 establishes the size of the NAC and the allocation of NAC membership to the districts defined in § 916.12. In addition, § 916.31 provides authority for the NAC to recommend changes to district boundaries and to reapportion committee representation to reflect shifts in production within the state as necessary. The changes to district boundaries and membership reapportionment recommended by the NAC were reflected in §§ 916.105 and 916.107 of the order's administrative rules and regulations. A final rule amending §§ 916.12 and 916.20 of the nectarine order was published in the **Federal Register** on July 21, 2006 (71 FR 41345). The amendments, which became effective on January 1, 2007, redefined the nectarine production districts, increased the size of the NAC from eight to thirteen members, and reallocated committee membership among the new districts. After January 1, 2007, §§ 916.105 and 916.107 no longer reflected the district boundaries and committee membership allocation as defined in the amended order. Therefore, the NAC recommended removing the obsolete sections when the amendments became effective. This rule continues in effect the action that removed those sections. Any subsequent changes to the production districts and reallocation of committee membership among new districts will be accomplished by notice and comment rulemaking as appropriate. Peach Commodity Committee Section 917.14 of the peach marketing order establishes the peach production districts into which the State of California has been divided. Section 917.20 establishes the size of the PCC and § 917.22 prescribes the allocation of PCC membership to the districts defined in § 917.14. Authority is provided in § 917.35 for the PCC to recommend changes to district boundaries and to reapportion committee representation to reflect shifts in production within the state as necessary. The changes to district boundaries and membership reapportionment recommended by the PCC are reflected in § 917.120 of the order's administrative rules and regulations. A final rule amending §§ 917.14 and 917.22 of the peach order was published in the **Federal Register** on July 21, 2006 (71 FR 41345). The amendments, which became effective on January 1, 2007, redefined the peach production districts and reallocated committee membership among the new districts. After January 1, 2007, § 917.120 no longer reflected the district boundaries and committee membership allocation as defined in the amended order provisions. Therefore, the PCC recommended removing the obsolete section when the amendments became effective. This rule continues in effect the action that removed that section. Any subsequent changes to the production districts and reallocation of committee membership among new districts will be accomplished by notice and comment rulemaking as appropriate. Committee Nomination Processes Nectarine Administrative Committee Section 916.22 of the nectarine marketing order specifies nomination procedures for members and alternate members of the NAC. Authority is provided in § 916.30 for the NAC to recommend and adopt rules and regulations regarding the nominations procedures. Furthermore, § 916.37 establishes the nectarine Shippers' Advisory Committee and authorizes the NAC to prescribe nominations procedures for that committee. Section 916.102 was added to the order's administrative rules and regulations to provide specific details regarding the nomination meeting procedures for the NAC and the Shippers' Advisory Committee. A final rule amending § 916.22 was published in the **Federal Register** on July 21, 2006. The amendment allows the NAC to conduct nominations through mail balloting. The final rule also removed § 916.37 regarding the Shippers' Advisory Committee, which has not been active for over 30 years and is no longer a necessary component of the nectarine marketing program. These changes became effective on January 1, 2007. After January 1, 2007, § 916.102 was no longer consistent with the amended NAC nomination process, and references to the Shippers' Advisory Committee were obsolete. Therefore, the NAC recommended that the section be removed from the nectarine order's administrative rules and regulations. This rule continues the action that removed § 916.102. Peach Commodity Committee Section 917.24 of the peach marketing order specifies the nomination procedures for members and alternate members of the PCC. Authority is provided in § 917.35 for the PCC to recommend and adopt rules and regulations regarding the nomination procedures. Section 917.119 was added to the order's administrative rules and regulations to provide specific details regarding the nomination meeting procedures for the PCC and the Pear Commodity Committee. Order provisions pertaining to the Pear Commodity Committee have been suspended since 1994, and the Pear Commodity Committee is not currently active. A final rule published in the **Federal Register** on July 21, 2006, amended § 917.24 to allow the PCC to conduct nominations through mail balloting. The amendment became effective on January 1, 2007. After that date, § 917.119, which contains language pertaining to the nomination processes for both the Peach and Pear Commodity Committees, is inconsistent with the amendments that allow the PCC to conduct nominations through mail balloting. Therefore, the PCC recommended revising the section to specify which language therein pertains to each commodity committee's nomination procedures. This rule continues in effect the action that revises § 917.119 to include a new paragraph that specifies which procedures apply to both the Peach and Pear Commodity Committees, and which apply only to Pears. Committee Business Address The Control Committee, doing business as the California Tree Fruit Agreement (CTFA), has historically functioned as the joint administrative body for the commodity committees under Part 917. The Control Committee, or CTFA, has been the designated recipient of all the handlers' reports and other business communications. Section 917.110 provided the business address for the Control Committee. The final rule published in the **Federal Register** on July 21, 2006, mentioned above, included amendments to § 917.18 that allow the duties of the Control Committee to shift to the remaining commodity committee when order provisions pertaining to one commodity committee are terminated or suspended. The provisions pertaining to the Pear Commodity Committee have been suspended since 1994. Therefore, when the amendments became effective on January 1, 2007, the duties of the Control Committee shifted to the PCC, which will continue to conduct business as the CTFA. In order to conform to the amended order provisions, the PCC recommended revising the address listed in § 917.110 by eliminating the name of the Control Committee from the CTFA's business address. This rule continues in effect to make that conforming change. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 150 California nectarine and peach handlers subject to regulation under the orders and about 800 growers of these fruits in the regulated area. Small agricultural service firms, which include handlers, are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $6,500,000. Small agricultural growers are defined as those having annual receipts of less than $750,000. A majority of these handlers and growers may be classified as small entities. The committees' staff has estimated that there are fewer than 26 handlers in the industry who could be defined as other than small entities. For the 2005 season, the committees' staff estimated that the average handler price received was $10.00 per container or container equivalent of nectarines or peaches. A handler would have to ship at least 650,000 containers to have annual receipts of $6,500,000. Given data on shipments maintained by the committees' staff and the average handler price received during the 2005 season, the committees' staff estimates that small handlers represent approximately 86 percent of all the handlers within the industry. The committees' staff has also estimated that fewer than 10 percent of the growers in the industry could be defined as other than small entities. For the 2005 season, the committees' staff estimated the average grower price received was $5.25 per container or container equivalent for nectarines and peaches. A grower would have to produce at least 142,858 containers of nectarines and peaches to have annual receipts of $750,000. Given data maintained by the committees' staff and the average grower price received during the 2005 season, the committees' staff estimates that small growers represent more than 90 percent of the growers within the industry. With an average grower price of $5.25 per container or container equivalent, and a combined packout of nectarines and peaches of approximately 38,776,500 containers, the value of the 2005 packout is estimated to be $203,576,600. Dividing this total estimated grower revenue figure by the estimated number of growers
(800)yields an average revenue per grower of about $254,471 from the sales of peaches and nectarines. Amendments to the orders were recently approved by nectarine and peach growers. The amendments were implemented in a final rule that was published in the **Federal Register** on July 21, 2006, and most became effective on January 1, 2007. This rule continues in effect the action that removed or revised certain sections of the orders' administrative rules and regulations to conform to the amended order provisions. Sections 916.105 and 916.107 of the nectarine order, and 917.120 of the peach order, which specify production district boundaries and committee membership allocations, are no longer applicable because the orders' provisions have been updated to include revised production districts and committee member apportionment. These obsolete sections have been removed. Any subsequent changes to the production districts and reallocation of committee membership among new districts will be accomplished by notice and comment rulemaking as appropriate. Section 916.102 of the nectarine marketing order, which specifies nomination meeting procedures for the NAC and the Shippers' Advisory Committee, has been removed because the nectarine order has been amended to allow mail balloting for NAC membership, and because the Shippers' Advisory Committee has been eliminated. Section 917.119 of the peach marketing order, which specifies nomination meeting procedures for the PCC and Pear Commodity Committee, has been revised because the order provisions pertaining to the PCC have been amended to allow mail balloting. A new paragraph was added to that section to clarify which procedures pertain to both the Peach and Pear Commodity Committees, and which pertain only to the Pear Commodity Committee. Finally, § 917.110 of the peach marketing order was revised by removing the Control Committee's name from the address to which industry reports and business correspondence should be addressed to conform with recent amendments to the order. These changes are necessary to bring the orders' rules and regulations into conformance with the amended order provisions. This rule will not impose any additional reporting or recordkeeping requirements on either small or large handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, as noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Further, the committees' meetings were widely publicized throughout the nectarine and peach industries and all interested persons were invited to attend the meetings and participate in committee deliberations. Like all committee meetings, the August 31, 2006, meetings were public meetings and all entities, both large and small, were able to express their views on these issues. An interim final rule concerning this action was published in the **Federal Register** on December 28, 2006. The rule was posted on CTFA's website. In addition, the rule was made available through the Internet by USDA and the Office of the Federal Register. That rule provided for a 60-day comment period, which ended on February 26, 2007. One comment supporting the actions was received. The commenter stated that the actions accurately reflected the industries' desire to bring the orders' rules and regulations into conformance with the amended order provisions. The AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at the following Web site: *http://www.ams.usda.gov/fv/moab.html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant matters presented, the information and recommendations submitted by the committees, and other information, it is found that finalizing the interim final rule, without change, as published in the **Federal Register** (71 FR 78038, December 28, 2006), will tend to effectuate the declared policy of the Act. List of Subjects 7 CFR Part 916 Marketing agreements, Nectarines, Reporting and recordkeeping requirements. 7 CFR Part 917 Marketing agreements, Peaches, Pears, Reporting and recordkeeping requirements. PART 916—NECTARINES GROWN IN CALIFORNIA PART 917—FRESH PEARS AND PEACHES GROWN IN CALIFORNIA Accordingly, the interim final rule amending 7 CFR parts 916 and 917, which was published at 71 FR 78038 on December 28, 2006, is adopted as a final rule without change. Dated: March 19, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-5311 Filed 3-22-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 930 [Docket No. AMS-FV-06-0187; FV07-930-1 FR] Tart Cherries Grown in the States of Michigan, et al.; Final Free and Restricted Percentages for the 2006-2007 Crop Year for Tart Cherries AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule establishes final free and restricted percentages for the 2006-2007 crop year. The percentages are 55 percent free and 45 percent restricted and will establish the proportion of cherries from the 2006 crop which may be handled in commercial outlets. The percentages are intended to stabilize supplies and prices, and strengthen market conditions. The percentages were recommended by the Cherry Industry Administrative Board (Board), the body that locally administers the marketing order. The marketing order regulates the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. DATES: *Effective Date:* March 26, 2007. This final rule applies to all 2006-2007 crop year restricted cherries until they are properly disposed of in accordance with marketing order requirements. FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kenneth G. Johnson, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, Unit 155, 4700 River Road, Riverdale, MD 20737; *Telephone:*
(301)734-5243, or *Fax:*
(301)734-5275, or E-mail at *Patricia.Petrella@usda.gov* or *Kenneth.Johnson@usda.gov.* Small businesses may request information on complying with this regulation, or obtain a guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; *Telephone:*
(202)720-2491, *Fax:*
(202)720-8938, or *E-mail: Jay.Guerber@usda.gov.* SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing Agreement and Order No. 930 (7 CFR part 930), regulating the handling of tart cherries produced in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture (Department) is issuing this rule in conformance with Executive Order 12866. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order provisions now in effect, final free and restricted percentages may be established for tart cherries handled by handlers during the crop year. This rule establishes final free and restricted percentages for tart cherries for the 2006-2007 crop year, beginning July 1, 2006, through June 30, 2007. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with the Secretary a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempt therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, the Secretary would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction in equity to review the Secretary's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. The order prescribes procedures for computing an optimum supply and preliminary and final percentages that establish the amount of tart cherries that can be marketed throughout the season. The regulations apply to all handlers of tart cherries that are in the regulated districts. Tart cherries in the free percentage category may be shipped immediately to any market, while restricted percentage tart cherries must be held by handlers in a primary or secondary reserve, or be diverted in accordance with § 930.59 of the order and § 930.159 of the regulations, or used for exempt purposes (to obtain diversion credit) under § 930.62 of the order and § 930.162 of the regulations. The regulated Districts for this season are: District one—Northern Michigan; District two—Central Michigan; District three—Southwest Michigan; District four—New York; District seven—Utah; and District eight—Washington. Districts five, six and nine (Oregon, Pennsylvania, and Wisconsin, respectively) will not be regulated for the 2006-2007 season. The order prescribes under § 930.52 that those districts to be regulated shall be those districts in which the average annual production of cherries over the prior three years has exceeded six million pounds. A district not meeting the six million-pound requirement shall not be regulated in such crop year. Because this requirement was not met in the Districts of Oregon, Pennsylvania, and Wisconsin, handlers in those districts will not be subject to volume regulation during the 2006-2007 crop year. Demand for tart cherries at the farm level is derived from the demand for tart cherry products at retail. Demand for tart cherries and tart cherry products tend to be relatively stable from year to year. The supply of tart cherries, by contrast, varies greatly from crop year to crop year. The magnitude of annual fluctuations in tart cherry supplies is one of the most pronounced for any agricultural commodity in the United States. In addition, because tart cherries are processed either into cans or frozen, they can be stored and carried over from crop year to crop year. This creates substantial coordination and marketing problems. The supply and demand for tart cherries is rarely balanced. The primary purpose of setting free and restricted percentages is to balance supply with demand and reduce large surpluses that may occur. Section 930.50(a) of the order prescribes procedures for computing an optimum supply for each crop year. The Board must meet on or about July 1 of each crop year, to review sales data, inventory data, current crop forecasts and market conditions. The optimum supply volume shall be calculated as 100 percent of the average sales of the prior three years to which is added a desirable carryout inventory not to exceed 20 million pounds or such other amount as may be established with the approval of the Secretary. The optimum supply represents the desirable volume of tart cherries that should be available for sale in the coming crop year before new crop supplies are available for marketing. The order also provides that on or about July 1 of each crop year, the Board is required to establish preliminary free and restricted percentages. These percentages are computed by deducting the actual carryin inventory from the optimum supply figure (adjusted to raw product equivalent—the actual weight of cherries handled to process into cherry products) and subtracting that figure from the current year's USDA crop forecast. If the resulting number is positive, this represents the estimated over-production, which would be the restricted percentage tonnage. The restricted percentage tonnage is then divided by the sum of the USDA crop forecast or by an average of such other crop estimates for the regulated districts to obtain percentages for the regulated districts. The Board is required to establish a preliminary restricted percentage equal to the quotient, rounded to the nearest whole number, with the complement being the preliminary free tonnage percentage. If the tonnage requirements for the year are more than the USDA crop forecast, the Board is required to establish a preliminary free tonnage percentage of 100 percent and a preliminary restricted percentage of zero. The Board is required to announce the preliminary percentages in accordance with paragraph
(h)of § 930.50. The Board met on June 22, 2006, and computed, for the 2006-2007 crop year, an optimum supply of 182 million pounds. The Board recommended that the desirable carryout figure be zero pounds. Desirable carryout is the amount of fruit required to be carried into the succeeding crop year and is set by the Board after considering market circumstances and needs. This figure can range from zero to a maximum of 20 million pounds, or such other amount, as the Board with the approval of the Secretary, may establish. The Board calculated preliminary free and restricted percentages as follows: The USDA estimate of the crop for the entire production area was 256 million pounds; a 25 million pound carryin (based on Board estimates) was subtracted from the optimum supply of 182 million pounds which resulted in 2006-2007 tonnage requirements (adjusted optimum supply) of 157 million pounds. The carryin figure reflects the amount of cherries that handlers actually had in inventory at the beginning of the 2006-2007 crop year. Subtracting the adjusted optimum supply of 157 million pounds from the USDA crop estimate (256 million pounds) results in a surplus of 99 million pounds of tart cherries. The surplus was divided by the production in the regulated districts (249 million pounds) and resulted in a restricted percentage of 40 percent for the 2006-2007 crop year. The free percentage was 60 percent (100 percent minus 40 percent). The Board established these percentages and announced them to the industry as required by the order. The preliminary percentages were based on the USDA production estimate and the following supply and demand information available at the June meeting for the 2006-2007 year: Millions of pounds Optimum Supply Formula:
(1)Average sales of the prior three years 182
(2)Plus desirable carryout 0
(3)Optimum supply calculated by the Board at the June meeting 182 Preliminary Percentages:
(4)USDA crop estimate 256
(5)Carryin held by handlers as of July 1, 2006 25
(6)Adjusted optimum supply for current crop year (Item 3 minus Item 5) 157
(7)Surplus (Item 4 minus Item 6) 99
(8)USDA crop estimate for regulated districts 249 Free Restricted
(9)Final percentages (item 7 divided by item 8 x 100 equals restricted percentage; 100 minus restricted percentage equals free percentage) 60 40 Between July 1 and September 15 of each crop year, the Board may modify the preliminary free and restricted percentages by announcing interim free and restricted percentages to adjust to the actual pack occurring in the industry. USDA establishes final free and restricted percentages through the informal rulemaking process. These percentages would make available the tart cherries necessary to achieve the optimum supply figure calculated by the Board. The difference between any final free percentage designated by USDA and 100 percent is the final restricted percentage. The Board met on September 9, 2006, to recommend final free and restricted percentages. The actual production reported by the Board was 263 million pounds, which is a 7 million pound increase from the USDA crop estimate of 256 million pounds. A 31 million pound carryin (based on handler reports) was subtracted from the Board's optimum supply of 182 million pounds, yielding an adjusted optimum supply for the current crop year of 151 million pounds. The adjusted optimum supply of 151 million pounds was subtracted from the actual production of 263 million pounds, which resulted in a 112 million pound surplus. The total surplus of 112 million pounds is divided by the 251 million-pound volume of tart cherries produced in the regulated districts. This results in a 45 percent restricted percentage and a corresponding 55 percent free percentage for the regulated districts. The final percentages are based on the Board's reported production figures and the following supply and demand information available in September for the 2006-2007 crop year: Millions of pounds Optimum Supply Formula:
(1)Average sales of the prior three years 182
(2)Plus desirable carryout 0
(3)Optimum supply calculated by the Board 182 Final Percentages:
(4)Board reported production 263
(5)Plus carryin held by handlers as of July 1, 2006 31
(6)Adjusted optimum supply (Item 3 minus Item 5) available for current crop year 151
(7)Surplus (Item 4 minus Item 6) 112
(8)Production in regulated districts 251 Percentages Free Restricted
(9)Preliminary percentages (item 7 divided by item 8 x 100 equals restricted percentage; 100 minus restricted percentage equals free percentage) 55 45 USDA's “Guidelines for Fruit, Vegetable, and Specialty Crop Marketing Orders” specify that 110 percent of recent years' sales should be made available to primary markets each season before recommendations for volume regulation are approved. This goal will be met by this action which releases 100 percent of the optimum supply and the additional release of tart cherries provided under § 930.50(g). This release of tonnage, equal to 10 percent of the average sales of the prior three years sales, is made available to handlers each season. The Board recommended that such release should be made available to handlers the first week of December and the first week of May. Handlers can decide how much of the 10 percent release they would like to receive on the December and May release dates. Once released, such cherries are released for free use by such handler. Approximately 18 million pounds would be made available to handlers this season in accordance with USDA Guidelines. This release will be made available to every handler and released to such handler in proportion to the handler's percentage of the total regulated crop handled. If a handler does not take his/her proportionate amount, such amount remains in the inventory reserve. Final Regulatory Flexibility Analysis and Effects on Small Businesses Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 40 handlers of tart cherries who are subject to regulation under the tart cherry marketing order and approximately 900 producers of tart cherries in the regulated area. Small agricultural service firms, which include handlers, have been defined by the Small Business Administration
(SBA)(13 CFR 121.201) as those having annual receipts of less than $6,500,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. A majority of the producers and handlers are considered small entities under SBA's standards. The principal demand for tart cherries is in the form of processed products. Tart cherries are dried, frozen, canned, juiced, and pureed. During the period 2001/2002 through 2005/2006, approximately 93.8 percent of the U.S. tart cherry crop, or 214.3 million pounds, was processed annually. Of the 214.3 million pounds of tart cherries processed, 62 percent was frozen, 26 percent was canned, and 12 percent was utilized for juice and other products. Based on National Agricultural Statistics Service data, acreage in the United States devoted to tart cherry production has been trending downward. Bearing acreage has declined from a high of 50,050 acres in 1987/88 to 37,050 acres in 2005/2006. This represents a 26 percent decrease in total bearing acres. Michigan leads the nation in tart cherry acreage with 73 percent of the total and produces about 70 percent of the U.S. tart cherry crop each year. The 2006/2007 crop is moderate in size at 263 million pounds. The largest crop occurred in 1995 with production in the regulated districts reaching a record 395.6 million pounds. The price per pound received by tart cherry growers ranged from a low of 7.3 cents in 1987 to a high of 46.4 cents in 1991. These problems of wide supply and price fluctuations in the tart cherry industry are national in scope and impact. Growers testified during the order promulgation process that the prices they received often did not come close to covering the costs of production. The industry demonstrated a need for an order during the promulgation process of the marketing order because large variations in annual tart cherry supplies tend to lead to fluctuations in prices and disorderly marketing. As a result of these fluctuations in supply and price, growers realize less income. The industry chose a volume control marketing order to even out these wide variations in supply and improve returns to growers. During the promulgation process, proponents testified that small growers and processors would have the most to gain from implementation of a marketing order because many such growers and handlers had been going out of business due to low tart cherry prices. They also testified that, since an order would help increase grower returns, this should increase the buffer between business success and failure because small growers and handlers tend to be less capitalized than larger growers and handlers. Aggregate demand for tart cherries and tart cherry products tends to be relatively stable from year-to-year. Similarly, prices at the retail level show minimal variation. Consumer prices in grocery stores, and particularly in food service markets, largely do not reflect fluctuations in cherry supplies. Retail demand is assumed to be highly inelastic which indicates that price reductions do not result in large increases in the quantity demanded. Most tart cherries are sold to food service outlets and to consumers as pie filling; frozen cherries are sold as an ingredient to manufacturers of pies and cherry desserts. Juice and dried cherries are expanding market outlets for tart cherries. Demand for tart cherries at the farm level is derived from the demand for tart cherry products at retail. In general, the farm-level demand for a commodity consists of the demand at retail or food service outlets minus per-unit processing and distribution costs incurred in transforming the raw farm commodity into a product available to consumers. These costs comprise what is known as the “marketing margin.” The supply of tart cherries, by contrast, varies greatly. The magnitude of annual fluctuations in tart cherry supplies is one of the most pronounced for any agricultural commodity in the United States. In addition, because tart cherries are processed either into cans or frozen, they can be stored and carried over from year-to-year. This creates substantial coordination and marketing problems. The supply and demand for tart cherries is rarely in equilibrium. As a result, grower prices fluctuate widely, reflecting the large swings in annual supplies. In an effort to stabilize prices, the tart cherry industry uses the volume control mechanisms under the authority of the Federal marketing order. This authority allows the industry to set free and restricted percentages. These restricted percentages are only applied to states or districts with a 3-year average of production greater than six million pounds, and to states or districts in which the production is 50 percent or more of the previous 5-year processed production average. The primary purpose of setting restricted percentages is an attempt to bring supply and demand into balance. If the primary market is over-supplied with cherries, grower prices decline substantially. The tart cherry sector uses an industry-wide storage program as a supplemental coordinating mechanism under the Federal marketing order. The primary purpose of the storage program is to warehouse supplies in large crop years in order to supplement supplies in short crop years. The storage approach is feasible because the increase in price—when moving from a large crop to a short crop year—more than offsets the costs for storage, interest, and handling of the stored cherries. The price that growers receive for their crop is largely determined by the total production and carryin inventories. The Federal marketing order permits the industry to exercise supply control provisions, which allow for the establishment of free and restricted percentages for the primary market, and a storage program. The establishment of restricted percentages impacts the production to be marketed in the primary market, while the storage program has an impact on the volume of unsold inventories. The volume control mechanism used by the cherry industry results in decreased shipments to primary markets. Without volume control the primary markets (domestic) would likely be over-supplied, resulting in lower grower prices. To assess the impact that volume control has on the prices growers receive for their product, an econometric model has been developed. The econometric model provides a way to see what impacts volume control may have on grower prices. The three districts in Michigan, along with the districts in Utah, New York, and Washington are the restricted areas for this crop year and their combined total production is 251 million pounds. A free percentage of 55 percent means 138 million pounds are available to be shipped to primary markets from these four states. Production levels of 3.4 million pounds for Oregon, 4.5 million pounds for Pennsylvania, and 4.3 million pounds for Wisconsin (the unregulated areas in 2006-2007), result in an additional 12.2 million pounds available for primary market shipments. In addition, USDA requires a 10 percent release from reserves as a market growth factor. This results in an additional 18 million pounds being available for the primary market. The 138 million pounds from Michigan, Utah, Washington, and New York; the 12.2 million pounds from the other producing states; the 18 million pound release; and the 31 million pound carryin inventory gives a total of 199.2 million pounds being available for the primary markets. The econometric model is used to estimate the difference between grower prices with and without restrictions. With volume controls, grower prices are estimated to be approximately $0.025 per pound higher than without volume controls. The use of volume controls is estimated to have a positive impact on grower's total revenues. With restrictions, revenues are estimated to be $6.0 million higher than without restrictions. The without restrictions scenario assumes that all tart cherries produced would be delivered to processors for payments. It is concluded that the 45 percent volume control would not unduly burden producers, particularly smaller growers. The 45 percent restriction would be applied to the growers in Michigan, New York, Utah, and Washington. The growers in the other three States covered under the marketing order will benefit from this restriction. Recent grower prices have been as high as $0.44 per pound in 2002-03 when there was a crop failure. Prices in the last two crop years have been $0.33 in 2004 and $0.24 per pound in 2005. At current production levels, yield is estimated at approximately 7,112 pounds per acre. At this level of yield, the cost of production is estimated to be $0.31 per pound (Cost of Production Tart Cherries in Northwestern Michigan, Nugent, Kole, Thornton, Bardenhagen). Thus, this year's grower price even with regulation is estimated to be below the cost of production. The use of volume controls is believed to have little or no effect on consumer prices and should not result in fewer retail sales or sales to food service outlets. Without the use of volume controls, the industry could be expected to start to build large amounts of unwanted inventories. These inventories have a depressing effect on grower prices. The econometric model shows for every 1 million-pound increase in carry-in inventories, a decrease in grower prices of $0.0039 per pound occurs. The use of volume controls allows the industry to supply the primary markets while avoiding the disastrous results of over-supplying these markets. In addition, through volume control, the industry has an additional supply of cherries that can be used to develop secondary markets such as exports and the development of new products. The use of reserve cherries in the production shortened 2002-2003 crop year proved to be very useful and beneficial to growers and packers. In discussing the possibility of marketing percentages for the 2006-2007 crop year, the Board considered the following factors contained in the marketing policy:
(1)The estimated total production of tart cherries;
(2)the estimated size of the crop to be handled;
(3)the expected general quality of such cherry production;
(4)the expected carryover as of July 1 of canned and frozen cherries and other cherry products;
(5)the expected demand conditions for cherries in different market segments;
(6)supplies of competing commodities;
(7)an analysis of economic factors having a bearing on the marketing of cherries;
(8)the estimated tonnage held by handlers in primary or secondary inventory reserves; and
(9)any estimated release of primary or secondary inventory reserve cherries during the crop year. The Board's review of the factors resulted in the computation and announcement in September 2006 of the free and restricted percentages established by this rule (55 percent free and 45 percent restricted). One alternative to this action would be not to have volume regulation this season. Board members stated that no volume regulation would be detrimental to the tart cherry industry due to the size of the 2006-2007 crop. Returns to growers would not cover their costs of production for this season which might cause some to go out of business. As mentioned earlier, USDA's “Guidelines for Fruit, Vegetable, and Specialty Crop Marketing Orders” specify that 110 percent of recent years' sales should be made available to primary markets each season before recommendations for volume regulation are approved. The quantity available under this rule is 110 percent of the quantity shipped in the prior three years. The free and restricted percentages established by this rule release the optimum supply and apply uniformly to all regulated handlers in the industry, regardless of size. There are no known additional costs incurred by small handlers that are not incurred by large handlers. The stabilizing effects of the percentages impact all handlers positively by helping them maintain and expand markets, despite seasonal supply fluctuations. Likewise, price stability positively impacts all producers by allowing them to better anticipate the revenues their tart cherries will generate. While the benefits resulting from this rulemaking are difficult to quantify, the stabilizing effects of the volume regulations impact both small and large handlers positively by helping them maintain markets even though tart cherry supplies fluctuate widely from season to season. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this regulation. In addition, the Board's meeting was widely publicized throughout the tart cherry industry and all interested persons were invited to attend the meeting and participate in Board deliberations on all issues. Like all Board meetings, the September 9, 2006, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. In compliance with Office of Management and Budget
(OMB)regulations (5 CFR part 1320) which implement the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the information collection and recordkeeping requirements under the tart cherry marketing order have been previously approved by OMB and assigned OMB Number 0581-0177. Reporting and recordkeeping burdens are necessary for compliance purposes and for developing statistical data for maintenance of the program. The forms require information which is readily available from handler records and which can be provided without data processing equipment or trained statistical staff. As with other, similar marketing order programs, reports and forms are periodically studied to reduce or eliminate duplicate information collection burdens by industry and public sector agencies. This rule does not change those requirements. AMS is committed to complying with E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services and for other purposes. A proposed rule concerning this action was published in the **Federal Register** on January 16, 2007 (72 FR 1681). Copies of the rule were mailed or sent via facsimile to all Board members and handlers. Finally, the rule was made available through the Internet by the Office of the **Federal Register** and USDA. A 30-day comment period ending on February 15, 2007, was provided to allow interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant matter presented, including the information and recommendation submitted by the Board and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. It is found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** (5 U.S.C. 553) because handlers are already shipping tart cherries from the 2006-2007 crop. Further handlers are aware of this rule, which was recommended at a public meeting. Also, a 30-day comment period was provided for in the proposed rule and no comments were received. List of Subjects in 7 CFR Part 930 Marketing agreements, Reporting and recordkeeping requirements, Tart cherries. For the reasons set forth in the preamble, 7 CFR part 930 is amended as follows: PART 930—TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN 1. The authority citation for 7 CFR part 930 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 930.255 is added to read as follows: Note: This section will not appear in the annual Code of Federal Regulations. § 930.255 Final free and restricted percentages for the 2006-2007 crop year. The final percentages for tart cherries handled by handlers during the crop year beginning on July 1, 2006, which shall be free and restricted, respectively, are designated as follows: Free percentage, 55 percent and restricted percentage, 45 percent. Dated: March 19, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-5313 Filed 3-22-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26721; Directorate Identifier 2006-SW-28-AD; Amendment 39-14961; AD 2006-26-51] RIN 2120-AA64 Airworthiness Directives; Eurocopter Deutschland GmbH Model MBB-BK 117 C-2 Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. SUMMARY: This document publishes in the **Federal Register** an amendment adopting Airworthiness Directive
(AD)2006-26-51, which was sent previously to all known U.S. owners and operators of Eurocopter Deutschland GmbH
(ECD)Model MBB-BK 117 C-2 helicopters by individual letters. This AD requires, before further flight, marking the position of the tail rotor control lever dynamic weights (weights), removing the split pins and the weights, and visually inspecting and replacing, if necessary, the tail rotor control lever before further flight. This AD also requires, within 10 hours time-in-service (TIS), and thereafter at intervals not to exceed 25 hours TIS, repeating the visual inspection of the tail rotor control lever and replacing any unairworthy tail rotor control lever with an airworthy tail rotor control lever before further flight. Also required is reassembling the tail rotor control lever by following the appropriate maintenance instruction. This amendment is prompted by an in-flight incident in which the threaded portion of the tail rotor control lever containing a dynamic weight broke off leading to severe vibrations. The actions specified by this AD are intended to prevent separation of the weights in flight, severe vibration, and subsequent loss of control of the helicopter. DATES: Effective April 9, 2007, to all persons except those persons to whom it was made immediately effective by Emergency AD 2006-26-51, issued on December 22, 2006, which contained the requirements of this amendment. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of April 9, 2007. Comments for inclusion in the Rules Docket must be received on or before May 22, 2007. ADDRESSES: Use one of the following addresses to submit comments 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; • *Fax:*
(202)493-2251; or • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may get the service information identified in this AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone
(972)641-3460, fax
(972)641-3527. Examining the Docket You may examine the docket that contains the AD, any comments, and other information on the Internet at *http://dms.dot.gov* , or in person at the Docket Management System
(DMS)Docket Offices 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 the ADDRESSES section. Comments will be available in the AD docket shortly after the DMS receives them. FOR FURTHER INFORMATION CONTACT: Charles Harrison, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Safety Management Group, Fort Worth, Texas 76193-0110, telephone
(817)222-5128, fax
(817)222-5961. SUPPLEMENTARY INFORMATION: On December 22, 2006, the FAA issued Emergency AD 2006-26-51 for the specified model helicopters, which requires, before further flight, marking the position of the tail rotor control lever dynamic weights (weights), removing the split pins and the weights, and by referring to Figure 1 of the manufacturer's service bulletin, visually inspecting the area around the split pin bore for score marks, notches, scratches, or other damage that exceeds the maintenance manual limitations or a crack and replacing any unairworthy tail rotor control lever before further flight. The AD also requires, within 10 hours TIS, and thereafter at intervals not to exceed 25 hours TIS, repeating the visual inspection of the tail rotor control lever and replacing any unairworthy tail rotor control lever with an airworthy tail rotor control lever before further flight. Also required is reassembling the tail rotor control lever by following the appropriate maintenance instruction. That action was prompted by an in-flight incident in which a dynamic weight broke off the tail rotor control lever subsequently leading to considerable vibrations. A visual inspection revealed that the threaded portion of the control lever containing the dynamic weight had broken off. This condition, if not corrected, could result in separation of the weights in flight, severe vibration, and subsequent loss of control of the helicopter. The Luftfahrt-Bundesamt
(LBA)has issued an Emergency AD in accordance with Article 10.1 of European Union Regulation 1592/2002. The LBA, the airworthiness authority for the Federal Republic of Germany, notified the FAA that an unsafe condition may exist on these helicopter models. The LBA advises of an in-flight incident in which a dynamic weight broke off the tail rotor control lever resulting in considerable vibrations. The LBA advises that this can lead to reduced controllability of the helicopter. The FAA has reviewed Eurocopter Alert Service Bulletin No. MBB BK 117 C-2-64A-002, dated December 21, 2006 (ASB), which describes procedures for initial and recurrent visual inspections of the tail rotor control lever. The ASB specifies inspecting the area around the split pin bore for damage, and if score marks, notching, scratching, a crack, or something similar are detected to contact ECD customer support. In addition, the manufacturer states in that ASB that it is effective for Model MBB BK117 C-2 helicopters, Serial Number (S/N) 9075 and higher, and those helicopters from S/N 9004 up to and including S/N 9074 on which Alert Service Bulletin MBB BK 117 C-2-67-006, dated July 25, 2006, (SB MBB BK 117-C-2-67-006) has been accomplished. The referenced SB MBB BK 117-C-2-67-006, states that it offers improvements with regard to a reduction of the operational pedal control forces. These improvements involved two modifications
(1)Installing modified pedal control levers, and
(2)installing an optimized tail rotor control lever assembly “consisting of modified weights and modified control lever pre-assys.” Installing the optimized tail rotor control lever assembly involved replacing the 2 control levers, Part Number (P/N) B642M1009102, with 2 control levers, P/N B642M1009103, and replacing the 4 weights, P/N B642M1011201 with 4 weights, P/N B642M1011202. The LBA classified this ASB as mandatory and issued LBA AD D-2006-428, effective December 22, 2006, to ensure the continued airworthiness of these helicopters in Germany. This helicopter model is manufactured in the Federal Republic of Germany and is type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. The FAA has examined the findings of the LBA, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. Since the unsafe condition described is likely to exist or develop on other ECD Model MBB-BK 117 C-2 helicopters of the same type design, the FAA issued Emergency AD 2006-26-51 to prevent separation of the weights in flight, severe vibration, and subsequent loss of control of the helicopter. The AD requires the following: • Before further flight, marking the position of the weights, removing the split pins, removing the weights, and visually inspecting the tail rotor control lever in the area around the split pin bore for score marks, notching, scratching, or a crack. • If you find score marks, notching, or scratches, that exceed the maintenance manual limits, or find a crack, replacing the tail rotor control lever with an airworthy tail rotor control lever before further flight. • If you do not find score marks, notching, scratches, or a crack, within 10 hours TIS, and thereafter at intervals not to exceed 25 hours TIS, repeating the visual inspection of the tail rotor control lever. • After any repetitive inspection, if you find score marks, notching, or scratches, that exceed the maintenance manual limits or find a crack, replacing the tail rotor control lever with an airworthy tail rotor control lever before further flight. • Reassembling the tail rotor control lever by following the appropriate maintenance instruction. The actions must be accomplished in accordance with the specified portions of the ASB described previously. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the structural integrity and controllability of the helicopter. Therefore, the actions previously described are required at the specified short time intervals, and this AD must be issued immediately. Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual letters issued on December 22, 2006 to all known U.S. owners and operators of ECD Model MBB-BK 117 C-2 helicopters. These conditions still exist, and the AD is hereby published in the **Federal Register** as an amendment to 14 CFR 39.13 to make it effective to all persons. The FAA estimates that this AD will affect 26 helicopters on the U.S. registry. The before-flight inspection, the 10-hour TIS inspection, and each of the repetitive 25-hour TIS inspections (assuming 24 repetitive inspections per year per helicopter) including marking the position of the weights, removing the split pins, removing the weights, and visually inspecting the tail rotor control lever and reassemblying an airworthy tail rotor control lever will take about 1 work hour per inspection per helicopter. Replacing 1 tail rotor control lever and 1 weight will take about 3 work hours. The average labor rate is $80 per work hour. Required parts, if necessary, will cost about $4,166 for each tail rotor control lever (2 per helicopter); $496 for each weight (4 per helicopter); and $.21 for each cotter pin (4 per helicopter). Based on these figures, we estimate the total cost impact of the AD on U.S. operators for the first year will be $181,532 ($6,982 per helicopter, assuming 1 tail rotor control lever and 1 weight are replaced on each helicopter in the fleet during the first year). Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2006-26721; Directorate Identifier 2006-SW-28-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of our docket Web site, you can find and read the comments to any of our dockets, including the name of the individual who sent the comment. 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* . 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 the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared an economic evaluation of the estimated costs to comply with this AD. See the DMS to examine the economic evaluation. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to 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. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **2006-26-51 Eurocopter Deutschland GmbH:** Amendment 39-14961. Docket No. FAA-2006-26721; Directorate Identifier 2006-SW-28-AD. Applicability Model MBB-BK 117 C-2 helicopters, serial number (S/N) 9075 and higher, and those helicopters from S/N 9004 up to and including 9074, on which Service Bulletin MBB BK117 C-2-67-006 has been accomplished, with a tail rotor control lever B642M1009103, installed, certificated in any category. Note 1: The referenced Eurocopter Alert Service bulletin MBB BK 117 C-2-67-006, dated July 25, 2006, pertains to the subject of this AD. That ASB states that it offers improvements with regard to a reduction of the operational pedal control forces and involves two modifications. One of the modifications involves installing an optimized tail rotor control lever assembly “consisting of modified weights and modified control lever pre-assys.” Installing the optimized tail rotor control lever assembly, in part, involved replacing the 2 control levers, part number (P/N) B642M1009102, with 2 control levers, P/N B642M1009103, and replacing the 4 weights, P/N B642M1011201, with 4 weights, P/N B642M1011202. Compliance Required as indicated, unless accomplished previously. To prevent separation of the tail rotor control lever dynamic weights (weights) in flight, severe vibration, and subsequent loss of control of the helicopter, accomplish the following:
(a)Before further flight, mark the position of the weights, remove the split pins, remove the weights, and visually inspect the tail rotor control lever in the area around the split pin bore for score marks, notching, scratching, or a crack. Conduct the inspection by following the Accomplishment Instructions, paragraph 3A(1) and Figure 1 of Eurocopter Alert Service Bulletin No. MBB BK117 C-2-64A-002, dated December 21, 2006 (ASB).
(1)If you find score marks, notching, or scratches, that exceed the maintenance manual limits, or find a crack, replace the tail rotor control lever with an airworthy tail rotor control lever before further flight.
(2)If you do not find score marks, notching, scratches, or a crack, within 10 hours time-in-service (TIS), and thereafter at intervals not to exceed 25 hours TIS, repeat the visual inspection of the tail rotor control lever as described in paragraph
(a)of this AD.
(3)After any repetitive inspection, if you find score marks, notching, or scratches, that exceed the maintenance manual limits or find a crack, replace the tail rotor control lever with an airworthy tail rotor control lever before further flight.
(4)Reassemble the tail rotor control lever by following the appropriate maintenance instructions and the Accomplishment Instructions, paragraph 3A(4) and Figure 1 of the ASB.
(b)To request an alternative method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Safety Management Group, FAA, ATTN: Charles Harrison, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Fort Worth, Texas 76193-0110, telephone
(817)222-5128, fax
(817)222-5961, for information about previously approved alternative methods of compliance.
(c)Special flight permits will not be issued.
(d)The inspections and reassembly shall be done in accordance with the specified portions of Eurocopter Alert Service Bulletin No. MBB BK117 C-2-64A-002, dated December 21, 2006. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone
(972)641-3460, fax
(972)641-3527. Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* .
(e)This amendment becomes effective on April 9, 2007, to all persons except those persons to whom it was made immediately effective by Emergency AD 2006-26-51, issued December 22, 2006, which contained the requirements of this amendment. Note 2: The subject of this AD is addressed in Luftfahrt-Bundesamt (Federal Republic of Germany) AD D-2006-428, dated December 22, 2006. Issued in Fort Worth, Texas, on March 14, 2007. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E7-5139 Filed 3-22-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26272; Directorate Identifier 2006-NM-153-AD; Amendment 39-14999; AD 2007-06-18] RIN 2120-AA64 Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for all Airbus Model A318, A319, A320, and A321 airplanes. This AD requires repetitive inspections of the operation of the main landing gear
(MLG)door opening sequence to determine if a defective actuator is installed, and replacing any defective actuator with a new actuator. This AD results from reports of slow operation of the MLG door opening/closing sequence due to a defective actuator. We are issuing this AD to detect and correct defective actuators of the MLG door, which could result in slow operation of the MLG door and consequent non-extension of the MLG during an emergency freefall operation. DATES: This AD becomes effective April 27, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 27, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2141; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Airbus Model A318, A319, A320, and A321 airplanes. That NPRM was published in the **Federal Register** on December 8, 2006 (71 FR 71101). That NPRM proposed to require repetitive inspections of the operation of the main landing gear
(MLG)door opening sequence to determine if a defective actuator is installed, and to replace any defective actuator with a new actuator. Relevant Service Information Since we issued the NPRM, we have reviewed Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006. Revision 01 specifies that no additional work is necessary for airplanes modified by any previous issue. We referred to Airbus Service Bulletin A320-32-1309, dated March 7, 2006, in the NPRM for accomplishing the specified actions. We have changed this AD to refer to Revision 01 of the service bulletin for accomplishing the specified actions, and to give credit for accomplishing the specified actions in accordance with the original issue before the effective date of this AD. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. This change will neither increase the economic burden on any operator nor increase the scope of the AD. Interim Action We consider this AD interim action. If final action is later identified, we may consider further rulemaking then. Costs of Compliance This AD affects about 700 airplanes of U.S. registry. The inspection takes about 1 work hour per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $56,000, or $80 per airplane, per inspection cycle. 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 regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-06-18 Airbus:** Amendment 39-14999. Docket No. FAA-2006-26272; Directorate Identifier 2006-NM-153-AD. Effective Date
(a)This AD becomes effective April 27, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to all Airbus Model A318, A319, A320, and A321 airplanes, certificated in any category. Unsafe Condition
(d)This AD results from reports of slow operation of the main landing gear
(MLG)door opening/closing sequence due to a defective actuator. We are issuing this AD to detect and correct defective actuators of the MLG door, which could result in slow operation of the MLG door and consequent non-extension of the MLG during an emergency freefall operation. 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. Repetitive Inspections/Replacement
(f)At the time specified in paragraph (f)(1) or (f)(2) of this AD, as applicable: Do a general visual inspection of the operation of the MLG door opening sequence to determine if a defective actuator is installed by doing all the applicable actions, including replacing the door actuator, as applicable, specified in the Accomplishment Instructions of Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006. Do all applicable replacements before further flight. Repeat the inspection thereafter at intervals not to exceed 900 flight cycles. Accomplishing the actions before the effective date of this AD in accordance with Airbus Service Bulletin A320-32-1309, dated March 7, 2006, is acceptable for compliance with the corresponding requirements in this paragraph.
(1)For airplanes on which a record of the total number of flight cycles on the MLG door actuator is available: Before the accumulation of 3,000 total flight cycles on the MLG door actuator, or within 800 flight cycles after the effective date of this AD, whichever is later.
(2)For airplanes on which a record of the total number of flight cycles on the MLG door actuator is not available: Within 800 flight cycles after the effective date of this AD. Note 1: For the purposes of this AD, a general visual inspection is: “A visual examination of an interior or exterior area, installation, or assembly to detect obvious damage, failure, or irregularity. This level of inspection is made from within touching distance unless otherwise specified. A mirror may be necessary to enhance visual access to all exposed surfaces in the inspection area. This level of inspection is made under normally available lighting conditions such as daylight, hangar lighting, flashlight, or droplight and may require removal or opening of access panels or doors. Stands, ladders, or platforms may be required to gain proximity to the area being checked.” No Reporting/Parts Return Required
(g)Although the Accomplishment Instructions of Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006, specify submitting certain information to the manufacturer and sending defective actuators back to the component manufacturer for investigation, this AD does not include those requirements. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information
(i)European Aviation Safety Agency airworthiness directive 2006-0112, dated May 15, 2006, also addresses the subject of this AD. Material Incorporated by Reference
(j)You must use Airbus Service Bulletin A320-32-1309, Revision 01, dated June 19, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on March 13, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-5221 Filed 3-22-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26725; Directorate Identifier 2006-NM-161-AD; Amendment 39-15000; AD 2007-06-19] RIN 2120-AA64 Airworthiness Directives; Bombardier Model DHC-8-102, -103, and -106 Airplanes and Model DHC-8-200 and DHC-8-300 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain Bombardier Model DHC-8-102, -103, and -106 airplanes and Model DHC-8-200 and DHC-8-300 series airplanes. This AD requires modifying the main landing gear
(MLG)and nose landing gear
(NLG)handle assemblies for alternate release and the MLG retaining plate. This AD also requires doing a related investigative action and corrective action if necessary. This AD results from reports of broken or damaged MLG and NLG alternate release cables caused by rubbing and fraying at the cable-to-handle interface. We are issuing this AD to prevent breakage of the MLG and NLG alternate release cables, which, if the normal gear extension fails, could result in the inability to extend the MLG or NLG and consequent collapse of the landing gear during ground maneuvers or upon landing. DATES: This AD becomes effective April 27, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 27, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Ezra Sasson, Aerospace Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone
(516)228-7320; fax
(516)794-5531. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Bombardier Model DHC-8-102, -103, and -106 airplanes and Model DHC-8-200 and DHC-8-300 series airplanes. That NPRM was published in the **Federal Register** on January 8, 2007 (72 FR 662). That NPRM proposed to require modifying the main landing gear
(MLG)and nose landing gear handle assemblies for alternate release and the MLG retaining plate. That NPRM also proposed to require doing a related investigative action and corrective action if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Cost per airplane Number of U.S.-registered airplanes Fleet cost Modification 5 $80 $400 164 $65,600 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this 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 regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-06-19 Bombardier, Inc. (Formerly de Havilland, Inc.):** Amendment 39-15000. Docket No. FAA-2006-26725; Directorate Identifier 2006-NM-161-AD. Effective Date
(a)This AD becomes effective April 27, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Bombardier Model DHC-8-102, DHC-8-103, and DHC-8-106 airplanes and Model DHC-8-200 and DHC-8-300 series airplanes; certificated in any category; serial numbers 003 through 579 inclusive. Unsafe Condition
(d)This AD results from reports of broken or damaged main landing gear
(MLG)and nose landing gear
(NLG)alternate release cables caused by rubbing and fraying at the cable-to-handle interface. We are issuing this AD to prevent breakage of the MLG and NLG alternate release cables, which, if the normal gear extension fails, could result in the inability to extend the MLG or NLG and consequent collapse of the landing gear during ground maneuvers or upon landing. 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. Modification
(f)Within 3,000 flight hours after the effective date of this AD, modify the MLG and NLG handle assemblies for alternate release and the MLG retaining plate, do the related investigative action, and the corrective action as applicable, by accomplishing all the applicable actions specified in the Accomplishment Instructions of Bombardier Service Bulletin 8-32-146, Revision ‘D,’ dated February 7, 2003. Do the corrective action, as applicable, before further flight. Actions Accomplished According to Previous Issue of Service Bulletin
(g)Actions accomplished before the effective date of this AD in accordance with Bombardier Service Bulletin 8-32-146, dated September 10, 1999; Revision ‘A,’ dated January 17, 2001; Revision ‘B,’ dated June 25, 2001; or Revision ‘C,’ dated January 24, 2003; are considered acceptable for compliance with the corresponding action specified in this AD. Parts Installation
(h)As of the effective date of this AD, no person may install any part specified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD, on any airplane.
(1)MLG handle assembly, part number (P/N) 83260042.
(2)NLG handle assembly, P/N 83260020.
(3)MLG retaining plate, P/N 83260043. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, New York Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information
(j)Canadian airworthiness directive CF-2006-09, issued May 8, 2006, also addresses the subject of this AD. Material Incorporated by Reference
(k)You must use Bombardier Service Bulletin 8-32-146, Revision ‘D,’ dated February 7, 2003, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Renton, Washington, on March 13, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-5217 Filed 3-22-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26595; Directorate Identifier 2006-NM-208-AD; Amendment 39-14998; AD 2007-06-17] RIN 2120-AA64 Airworthiness Directives; Airbus Model A320 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain Airbus Model A320 series airplanes. This AD requires replacing the carbon fiber reinforced plastic
(CFRP)actuator fittings of the rudder with aluminum actuator fittings and doing related investigative and corrective actions. This AD results from rupture of a CFRP actuator fitting during maintenance. We are issuing this AD to prevent rupture of a rudder actuator fitting, which could result in reduced controllability of the airplane. DATES: This AD becomes effective April 27, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 27, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2125; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone
(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Airbus Model A320 series airplanes. That NPRM was published in the **Federal Register** on December 15, 2006 (71 FR 75432). That NPRM proposed to require replacing the carbon fiber reinforced plastic
(CFRP)actuator fittings of the rudder with aluminum actuator fittings and doing related investigative and corrective actions. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Support for the NPRM Airbus supports the NPRM. Request To Revise Discussion Section In the Discussion section of the NPRM, we stated that investigation revealed that the CFRP actuator fittings cannot sustain limit loads resulting from ground gust conditions due to design of the fitting. Airbus requests that we revise that statement to clarify that the CFRP actuator fittings “on the rudder side” cannot sustain limit “compression” loads resulting from ground gust conditions due to design of the fitting. We agree with Airbus' statement. However, we have not changed the AD in this regard, since the Discussion section is not retained in the final rule. Clarification of Alternative Method of Compliance
(AMOC)Paragraph We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. 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 change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 38 airplanes of U.S. registry. The required action takes about 100 work hours per airplane, at an average labor rate of $80 per work hour. Required parts cost about $6,310 per airplane. Based on these figures, the estimated cost of the AD for U.S. operators is $543,780, or $14,310 per airplane. 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 regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-06-17 Airbus:** Amendment 39-14998. Docket No. FAA-2006-26595; Directorate Identifier 2006-NM-208-AD. Effective Date
(a)This AD becomes effective April 27, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Airbus Model A320 series airplanes, certificated in any category; except those on which Airbus Modification 21733 or 21999 has been incorporated in production. Unsafe Condition
(d)This AD results from rupture of a carbon fiber reinforced plastic
(CFRP)actuator fitting during maintenance. We are issuing this AD to prevent rupture of a rudder actuator fitting, which could result in reduced controllability of 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. Replacement of Rudder Actuator Fittings
(f)Within 9,000 flight cycles or 12,000 flight hours, or 60 months after the effective date of this AD, whichever occurs first: Replace all of the CFRP actuator fittings of the rudder with aluminum actuator fittings and do all the related investigative actions, by accomplishing all of the actions specified in Accomplishment Instructions of Airbus Service Bulletin A320-55-1030, dated March 6, 2006. Do any applicable corrective actions before further flight in accordance with the Accomplishment Instructions of the service bulletin. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information
(h)European Aviation Safety Agency airworthiness directive 2006-0262, dated August 25, 2006, also addresses the subject of this AD. Material Incorporated by Reference
(i)You must use Airbus Service Bulletin A320-55-1030, dated March 6, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on March 13, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-5213 Filed 3-22-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30541 Amdt. No. 3210] Standard Instrument Approach Procedures, Weather Takeoff Minimums; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and/or Weather Takeoff Minimums for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective March 23, 2007. The compliance date for each SIAP and/or Weather Takeoff Minimums is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of March 23, 2007. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . *For Purchase* —Individual SIAP and Weather Takeoff Minimums copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. *By Subscription* —Copies of all SIAPs and Weather Takeoff Minimums mailed once every 2 weeks, are for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) telephone:
(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), establishes, amends, suspends, or revokes SIAPs and/or Weather Takeoff Minimums. The complete regulatory description of each SIAP and/or Weather Takeoff Minimums is contained in official FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms are identified as FAA Forms 8260-3, 8260-4, 8260-5 and 8260-15A. Materials incorporated by reference are available for examination or purchase as stated above. The large number of SIAPs and/or Weather Takeoff Minimums, their complex nature, and the need for a special format make their verbatim publication in the **Federal Register** expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs and/or Weather Takeoff Minimums but refer to their depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP and/or Weather Takeoff Minimums contained in FAA form documents is unnecessary. The provisions of this amendment state the affected CFR sections, with the types and effective dates of the SIAPs and/or Weather Takeoff Minimums. This amendment also identifies the airport, its location, the procedure identification and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and/or Weather Takeoff Minimums as contained in the transmittal. Some SIAP and/or Weather Takeoff Minimums amendments may have been previously issued by the FAA in a Flight Data Center
(FDC)Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for some SIAP, and/or Weather Takeoff Minimums amendments may require making them effective in less than 30 days. For the remaining SIAPs and/or Weather Takeoff Minimums, an effective date at least 30 days after publication is provided. Further, the SIAPs and/or Weather Takeoff Minimums contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and/or Weather Takeoff Minimums, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs and/or Weather Takeoff Minimums and safety in air commerce, I find that notice and public procedure before adopting these SIAPs and/or Weather Takeoff Minimums are impracticable and contrary to the public interest and, where applicable, that good cause exists for making some SIAPs and/or Weather Takeoff Minimums effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air traffic control, Airports, Incorporation by reference, and Navigation (air). Issued in Washington, DC on March 9, 2007. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, under Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or revoking Standard Instrument Approach Procedures and Weather Takeoff Minimums effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: Effective 12 APRIL 2007 Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS PRM RWY 9R, Orig-A, ILS PRM RWY 9R (CAT II), ILS PRM RWY 9R (CAT III), (Simultaneous Close Parallel) Atlanta, GA, Hartsfield-Jackson Atlanta Intl, ILS PRM RWY 8L, Orig-A, ILS PRM RWY 8L (CAT II), ILS PRM RWY 8L (CAT III), Simultaneous Close Parallel) Jackson, WY, Jackson Hole, RNAV
(GPS)Y RWY 19, Orig-A Effective 10 MAY 2007 Fayetteville/Springdale/Rogers, AR, Northwest Arkansas Regional, AR, RNAV
(GPS)RWY 16, Amdt 2 Fayetteville/Springdale/Rogers, AR, Northwest Arkansas Regional, AR, ILS OR LOC/DME RWY 16, Amdt 2 Malvern, AR, Malvern Muni, RNAV
(GPS)RWY 22, Orig Malvern, AR, Malvern Muni, NDB OR GPS RWY 22, Amdt 1A, CANCELLED Malvern, AR, Malvern Muni, Takeoff Minimums and Textual DP, Orig Rogers, AR, Rogers Muni-Carter Field, RNAV
(GPS)RWY 20, Amdt 1 Stuttgart, AR, Stuttgart Muni, RNAV
(GPS)RWY 18, Amdt 1 Stuttgart, AR, Stuttgart Muni, RNAV
(GPS)RWY 27, Amdt 1 Stuttgart, AR, Stuttgart Muni, Takeoff Minimums and Textual DP, Orig Nucla, CO, Hopkins Field, RNAV (GPS)-A, Orig Nucla, CO, Hopkins Field, Takeoff Minimums and Textual DP, Orig Daytona Beach, FL, Daytona Beach Intl, RNAV
(GPS)RWY 25L, Amdt 1 Daytona Beach, FL, Daytona Beach Intl, RNAV
(GPS)RWY 25R, Amdt 2 Orlando, FL, Kissimmee Gateway, NDB RWY 15, Amdt 1 Punta Gorda, FL, Charlotte County, Takeoff Minimums and Obstacle DP, Orig Tampa, FL, Peter O. Knight, RNAV
(GPS)RWY 35, Orig Tampa, FL, Tampa Intl, RADAR-1, Amdt 12A, CANCELLED Hampton, GA, Clayton County-Tara Field, RNAV
(GPS)RWY 6, Orig Hampton, GA, Clayton County-Tara Field, RNAV
(GPS)RWY 24, Orig Hampton, GA, Clayton County-Tara Field, GPS RWY 24, Amdt 1, CANCELLED Hampton, GA, Clayton County-Tara Field, Takeoff Minimums and Textual DP, Orig Moultrie, GA, Moultrie Muni, RNAV
(GPS)RWY 4, Orig Moultrie, GA, Moultrie Muni, RNAV
(GPS)RWY 22, Orig Moultrie, GA, Moultrie Muni, GPS RWY 4, Orig, CANCELLED Moultrie, GA, Moultrie Muni, GPS RWY 22, Orig, CANCELLED Cedar Rapids, IA, The Eastern Iowa, RNAV
(GPS)RWY 9, Amdt 1 Cedar Rapids, IA, The Eastern Iowa, RNAV
(GPS)RWY 27, Amdt 1 Cedar Rapids, IA, The Eastern Iowa, ILS OR LOC RWY 9, Amdt 17 Cedar Rapids, IA, The Eastern Iowa, ILS OR LOC RWY 27, Amdt 6 Cedar Rapids, IA, The Eastern Iowa, VOR RWY 27, Amdt 13 Monticello, IA, Monticello Regional, NDB-A, Amdt 4, CANCELLED Alexandria, LA, Esler Regional, RNAV
(GPS)RWY 8, Orig Alexandria, LA, Esler Regional, RNAV
(GPS)RWY 26, Orig Alexandria, LA, Esler Regional, NDB OR GPS RWY 26, Amdt 8, CANCELLED Bedford, MA, Laurence G. Hanscom Field, RNAV
(GPS)RWY 11, Orig Leonardtown, MD, St. Mary's County Regional, RNAV
(GPS)RWY 11, Orig Leonardtown, MD, St. Mary's County Regional, GPS RWY 11, Amdt 1A, CANCELLED Adrian, MI, Lenawee County, RNAV
(GPS)RWY 5, Orig Adrian, MI, Lenawee County, RNAV
(GPS)RWY 23, Orig Adrian, MI, Lenawee County, GPS RWY 5, Amdt 1, CANCELLED Adrian, MI, Lenawee County, GPS RWY 23, Orig, CANCELLED Adrian, MI, Lenawee County, Takeoff Minimums & Textual DPs, Orig Neosho, MO, Neosho Hugh Robinson, RNAV
(GPS)RWY 1, Orig Neosho, MO, Neosho Hugh Robinson, RNAV
(GPS)RWY 19, Orig Neosho, MO, Neosho Hugh Robinson, VOR-A, Amdt 7 Neosho, MO, Neosho Hugh Robinson, VOR/DME RNAV OR GPS RWY 19, Amdt 3B, CANCELLED Neosho, MO, Neosho Hugh Robinson, Takeoff Minimums and Obstacle DP, Orig Hattiesburg, MS, Hattiesburg Bobby L. Chain Muni, RNAV
(GPS)Y RWY 13, Amdt 1 Hattiesburg, MS, Hattiesburg Bobby L. Chain Muni, RNAV
(GPS)Z RWY 13, Orig Hattiesburg, MS, Hattiesburg Bobby L. Chain Muni, Takeoff Minimums and Textual DP, Orig Lexington, NE, Jim Kelly Field, RNAV
(GPS)RWY 14, Amdt 1 Lexington, NE, Jim Kelly Field, RNAV
(GPS)RWY 32, Amdt 1 Lexington, NE, Jim Kelly Field, Takeoff Minimums and Textual DP, Amdt 2 O'Neill, NE, The O'Neill Muni-John L Baker Field, RNAV
(GPS)RWY 13, Amdt 1 O'Neill, NE, The O'Neill Muni-John L Baker Field, RNAV
(GPS)RWY 31, Amdt 1 Atlantic City, NJ, Atlantic City Muni/Bader Field, VOR OR GPS-A, Amdt 4A, CANCELLED Atlantic City, NJ, Atlantic City Muni/Bader Field, VOR OR GPS RWY 11, Amdt 4, CANCELLED Atlantic City, NJ, Atlantic City Muni/Bader Field, Takeoff Minimums and Obstacle DP, Amdt 3, CANCELLED Lincoln Park, NJ, Lincoln Park, RNAV
(GPS)RWY 1, Orig Lincoln Park, NJ, Lincoln Park, RNAV
(GPS)RWY 19, Orig Lincoln Park, NJ, Lincoln Park, NDB RWY 1, Amdt 3 Lincoln Park, NJ, Lincoln Park, GPS RWY 19, Orig, CANCELLED Albuquerque, NM, Albuquerque INTL Sunport, NDB RWY 35, Amdt 7C, CANCELLED Plattsburgh, NY, Plattsburgh Intl, RNAV
(GPS)RWY 17, Amdt 1 Plattsburgh, NY, Plattsburgh Intl, RNAV
(GPS)RWY 35, Amdt 1 Plattsburgh, NY, Plattsburgh Intl, Takeoff Minimums and Textual DP, Orig Shirley, NY, Brookhaven, Takeoff Minimums and Textual DP, Orig Edenton, NC, Northeastern Regional, RNAV
(GPS)RWY 1, Amdt 1 Edenton, NC, Northeastern Regional, RNAV
(GPS)RWY 5, Orig, CANCELLED Edenton, NC, Northeastern Regional, RNAV
(GPS)RWY 19, Amdt 1 Edenton, NC, Northeastern Regional, NDB RWY 5, Amdt 5, CANCELLED Weatherford, OK, Thomas P. Stafford, RNAV
(GPS)RWY 17, Orig Weatherford, OK, Thomas P. Stafford, RNAV
(GPS)RWY 35, Orig Weatherford, OK, Thomas P. Stafford, GPS RWY 17, Orig, CANCELLED Weatherford, OK, Thomas P. Stafford, GPS RWY 35, Amdt 1, CANCELLED Weatherford, OK, Thomas P. Stafford, Takeoff Minimums and Textual DP, Amdt 1 Philadelphia, PA, Philadelphia Intl, RNAV
(GPS)RWY 26, Orig-A Block Island, RI, Block Island State, RNAV
(GPS)RWY 28, Amdt 1 Bellingham, WA, Bellingham Intl, ILS OR LOC RWY 16, Amdt 5 Bellingham, WA, Bellingham Intl, RNAV
(GPS)RWY 16, Amdt 1 Rice Lake, WI, Rice Lake Regional-Carl's Field, VOR RWY 1, Amdt 1 Rice Lake, WI, Rice Lake Regional-Carl's Field, VOR/DME RWY 19, Amdt 1 [FR Doc. E7-5099 Filed 3-22-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 121 Disqualification for Airman and Airman Medical Certificate Holders Based on Alcohol Violations or Refusals To Submit to Drug and Alcohol Testing CFR Correction In Title 14 of the Code of Federal Regulations, Parts 60 to 139, revised as of January 1, 2007, in Appendix I to Part 121, on page 938, section VI is corrected by removing and reserving paragraph D.2. [FR Doc. 07-55504 Filed 3-22-07; 8:45 am]
Connectionstraces to 12
Traces to 12 documents
U.S. Code
CFR
- What size standards has SBA identified by North American Industry Classification System codes?§ 121.201
- Issue of type certificate: import products.§ 21.29
- Are airworthiness directives part of the Code of Federal Regulations?§ 39.13
- May I address the unsafe condition in a way other than that set out in the airworthiness directive?§ 39.19
- General.§ 97.20
11 references not yet in our index
- 7 CFR 249
- 7 USC 601-674
- 7 CFR 916
- 7 CFR 917
- 7 CFR 930
- 5 CFR 1320
- Pub. L. 104-13
- 14 CFR 39
- 1 CFR 51
- 14 CFR 97
- 14 CFR 121
Citation graph
cites case law
Unknown
Final rule; announcement of approval and compliance date, with technical amendment
Cite7 CFR 249
Cite7 USC 601-674
Cite7 CFR 916
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