Unknown. Statement of policy

19,926 words·~91 min read·/register/2007/04/05/07-1709

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

--- schema: federal-register doc_type: fedreg source_file: FR-2007-04-05.xml --- 72 65 Thursday, April 5, 2007 Contents Agriculture Agriculture Department See Forest Service See Rural Housing Service Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 16788-16793 E7-6337 E7-6339 E7-6340 E7-6344 Centers Centers for Medicare & Medicaid Services NOTICES Medicaid: State plan amendments, reconsideration; hearings— Minnesota, 16793-16794 E7-6312 Medicare:

Durable medical equipment, prosthetics, orthotics, and supplies and other issues; competitive acquisition; timeline extension, 16794 07-1658 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 16794-16797 07-1673 07-1674 07-1675 07-1676 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: North Carolina, 16763 E7-6396 Meetings; Sunshine Act, 16763 07-1720 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Back River, Hampton, VA, 16726-16728 E7-6262 PROPOSED RULES Drawbridge operations: Maryland, 16752-16754 E7-6303 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Mississippi River, LA, 16754-16756 E7-6305 NOTICES Meetings: Merchant Marine Personnel Advisory Committee, 16806-16807 E7-6294 Towing Safety Advisory Committee, 16807 E7-6304 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission PROPOSED RULES Privacy of consumer financial information; model privacy form Correction, 16875-16876 C7-1476 Comptroller Comptroller of the Currency PROPOSED RULES Privacy of consumer financial information; model privacy form Correction, 16875-16876 C7-1476 Defense Defense Department NOTICES Meetings:

Defense Business Board, 16770 07-1672 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 16770-16771 E7-6317 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: Workforce Investment Act— Small Grassroots Organizations Connecting with the One-Stop Delivery System, 16824-16830 E7-6306 Energy Energy Department See Federal Energy Regulatory Commission Executive Executive Office of the President See Science and Technology Policy Office Farm Farm Credit Administration RULES Corporate governance Effective date, 16699 E7-6357 FAA Federal Aviation Administration RULES Air traffic operating and flight rules, etc.:

Somalia territory and airspace; certain flights prohibition, 16710-16712 07-1709 Airworthiness directives: Airbus, 16703-16706 E7-6229 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 16701-16703 E7-6230 Gulfstream, 16699-16701 E7-6263 Class D airspace, 16707 E7-6302 Correction, 16707 E7-6296 Class D and E airspace; correction, 16708 E7-6298 Class E airspace, 16708-16710 E7-6297 E7-6300 E7-6301 Correction, 16709 E7-6295 PROPOSED RULES Airworthiness directives: Airbus, 16741-16744, 16749-16752 E7-6231 E7-6343 Empresa Brasileira de Aeronautica S.A.

(EMBRAER), 16747-16749 E7-6236 McDonnell Douglas, 16744-16747 E7-6338 NOTICES Aeronautical land-use assurance; waivers: Boca Raton Airport, FL, 16869 07-1664 Leesburg Executive Airport; VA, 16869 07-1663 Agency information collection activities; proposals, submissions, and approvals, 16869-16870 07-1665 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 16786-16787 E7-6395 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Privacy of consumer financial information; model privacy form Correction, 16875-16876 C7-1476 Federal Election Federal Election Commission RULES Compliance procedures:

Campaign finance violations; self-reporting submissions, 16695-16699 E7-6185 Reports by political committees: Misappropriations and misreporting prevention; safe harbor for misreporting embezzlement, 16695 E7-6299 NOTICES Meetings; Sunshine Act, 16787 07-1714 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Public utilities including regional transmission organizations; accounting and financial reporting requirements; correction, 16716-16720 E7-6213 NOTICES Agency information collection activities; proposals, submissions, and approvals, 16771-16775 E7-6319 E7-6320 E7-6321 E7-6322 Electric rate and corporate regulation combined filings, 16777-16778 E7-6332 Environmental statements; availability, etc.:

Gulfstream Natural Gas System, L.L.C., 16778 E7-6313 Hydro Matrix LP, 16779 E7-6324 Southern LNG Inc., et al., 16779-16781 E7-6315 Texas Eastern Transmission, LP, 16781 E7-6314 Wyoming Interstate Co., Ltd., 16781-16782 E7-6316 Hydroelectric applications, 16782-16784 E7-6326 E7-6327 Meetings: Southwest Power Pool Independent Coordinator of Transmission Stakeholders Policy Committee, 16784-16785 E7-6323 Off-the-record communications, 16785-16786 E7-6328 *Applications, hearings, determinations, etc.:* Central Vermont Public Service Commission, 16775 E7-6325 Destin Pipeline Co., L.L.C., 16775-16776 E7-6330 Downeast Pipeline, LLC, 16776 E7-6318 Northwest Pipeline Corp., 16776 E7-6331 Transwestern Pipeline Co., LLC, 16776-16777 E7-6329 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Commercial driver's license standards; exemption applications— Isuzu Motors America, Inc., 16870-16871 E7-6240 Federal Reserve Federal Reserve System PROPOSED RULES Privacy of consumer financial information; model privacy form Correction, 16875-16876 C7-1476 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 16787-16788 E7-6333 E7-6334 FTC Federal Trade Commission PROPOSED RULES Privacy of consumer financial information; model privacy form Correction, 16875-16876 C7-1476 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Vail Lake ceanothus and Mexican flannelbush, 16756-16761 E7-6186 NOTICES Endangered and threatened species permit applications, determinations, etc., 16811 E7-6341 Environmental statements; availability, etc.: Wheeler National Wildlife Refuge Complex, AL; comprehensive conservation plan, 16811-16815 E7-6346 Food Food and Drug Administration NOTICES Meetings: Pharmaceutical Science and Clinical Pharmacology Advisory Committee; canceled, 16797 E7-6283 E7-6288 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Illinois Medline Industries, Inc.; medical supply distribution and processing facilities, 16763-16764 E7-6407 New York MPM Silicones, LLC; silicone-based products and intermediaries manufacturing and warehousing facilities, 16764 E7-6408 Forest Forest Service NOTICES Environmental statements; record of decision: Northern San Juan Basin Coal Bed Methane Development Project, CO, 16762 E7-6291 Meetings:

Lake Tahoe Basin Federal Advisory Committee, 16762 07-1670 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: American Health Information Community, 16788 07-1669 Health Health Resources and Services Administration NOTICES Meetings:

Organ Transplantation Advisory Committee, 16797-16798 E7-6365 Training in Primary Care Medicine and Dentistry Advisory Committee, 16798 E7-6368 Reports and guidance documents; availability, etc.: Federal Tort Claims Act coverage for Health Center Program grantees responding to emergencies, 16798-16799 E7-6366 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Grant and cooperative agreement awards:

Resident Opportunities and Self-Sufficiency Elderly/Persons with Disabilities Program, 16808-16809 E7-6391 Organization, functions, and authority delegations: Regional directors; handbook provisions and directives waiver authority, 16809-16811 E7-6390 Indian Indian Affairs Bureau NOTICES Land acquisitions into trust: Jicarilla Apache Nation of New Mexico, 16815-16816 E7-6386 E7-6389 Pueblo of Laguna Reservation of New Mexico, 16816-16817 E7-6387 E7-6388 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau RULES Watches, watch movements, and jewelry:

Insular Possessions Watch, Watch Movement, and Jewelry Programs; watch duty-exemption allocations and watch and duty-refund benefits, 16712-16716 07-1578 IRS Internal Revenue Service RULES Income taxes: Limitations on benefits and contributions under qualified plans, 16878-16931 E7-5750 NOTICES Meetings: Taxpayer Advocacy Panels, 16872-16874 E7-6282 E7-6284 E7-6285 E7-6289 International International Trade Administration RULES Watches, watch movements, and jewelry: Insular Possessions Watch, Watch Movement, and Jewelry Programs; watch duty-exemption allocations and watch and jewelry duty-refund benefits, 16712-16716 07-1578 NOTICES Antidumping:

Ball bearings and parts from— Various countries, 16764-16765 E7-6384 Folding gift boxes from— China, 16765-16766 E7-6404 Polyethylene retail carrier bags from— Thailand, 16766 E7-6406 Polyvinyl alcohol from— China, 16766-16767 E7-6405 Purified carboxymethylcellulose from— Various countries, 16767 E7-6381 Steel concrete reinforcing bars from— Latvia, 16767-16768 E7-6398 Countervailing duties: Honey from— Argentina, 16768 E7-6385 Polyethylene terephthalate

(PET)film, sheet, and strip from— India, 16769 E7-6382 International International Trade Commission NOTICES Import investigations: Cuba; agricultural sales; economic effects of U.S. restrictions, 16817-16818 E7-6409 Laser bar code scanners and scan engines, components, and products containing same, 16818-16819 E7-6393 Lighting control devices including dimmer switches and/or switches and parts, 16819-16820 E7-6394 Justice Justice Department NOTICES Pollution control; consent judgments: Allied Waste Industries and Waste Management, 16820 07-1655 Glacier Northwest, Inc., 16821 07-1660 IMC Magnetics, Inc., et al., 16821 07-1654 Lyondell Chemical Co. et al., 16821-16822 07-1656 Nacirema Environmental Services Co., Inc., 16822 07-1653 PSD Queens Drive LP, 16822-16823 07-1657 Raybestos Products Co., 16823 07-1661 Streich Bros., Inc., 16823-16824 07-1659 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration ForestLand Management Bureau Land Management Bureau NOTICES Environmental statements; record of decision: Northern San Juan Basin Coal Bed Methane Development Project, CO, 16762 E7-6291 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 16871 E7-6309 National Credit National Credit Union Administration PROPOSED RULES Privacy of consumer financial information; model privacy form Correction, 16875-16876 C7-1476 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 16799-16800 07-1694 07-1695 National Center for Complementary and Alternative Medicine, 16800 07-1691 National Heart, Lung, and Blood Institute, 16800-16801 07-1681 07-1688 National Institute of Allergy and Infectious Diseases, 16801 07-1679 07-1682 National Institute of Child Health and Human Development, 16802 07-1686 National Institute of General Medical Sciences, 16801-16803 07-1680 07-1687 National Institute of Mental Health, 16802-16803 07-1683 07-1692 National Institute of Neurological Disorders and Stroke, 16803-16804 07-1693 National Institute on Deafness and Other Communication Disorders, 16803 07-1690 Scientific Review Center, 16804-16806 07-1684 07-1685 07-1689 NOAA National Oceanic and Atmospheric Administration NOTICES Coastal zone management programs and estuarine sanctuaries: State programs— U.S. Virgin Islands, 16769 E7-6355 Committees; establishment, renewal, termination, etc.: Olympic Coast National Marine Sanctuary Advisory Council, 16769-16770 07-1678 Meetings: South Atlantic Fishery Management Council, 16770 E7-6356 Nuclear Nuclear Regulatory Commission PROPOSED RULES Production and utilization facilities; domestic licensing: Industry codes and standards; amended requirements, 16731-16741 E7-6379 NOTICES *Applications, hearings, determinations, etc.:* Tennessee Valley Authority, 16832-16835 07-1696 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 16830-16832 E7-6367 Postal Postal Service NOTICES Meetings; Sunshine Act, 16835 07-1717 Rural Rural Housing Service PROPOSED RULES Grants: Farm Labor Housing and Rural Rental Housing Programs; reserve account requirements, 16730-16731 E7-6287 Science Science and Technology Policy Office NOTICES Meetings: National Science and Technology Council, 16786 E7-6308 SEC Securities and Exchange Commission RULES Securities: Foreign private issuer's registration; termination, 16934-16960 E7-5947 PROPOSED RULES Privacy of consumer financial information; model privacy form Correction, 16875-16876 C7-1476 NOTICES Investment Company Act of 1940: Preferred Group of Mutual Funds et al., 16835-16837 E7-6373 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 16837 E7-6374 International Securities Exchange, LLC, 16837-16839 E7-6371 E7-6377 New York Stock Exchange LLC, 16839-16844 E7-6311 E7-6376 NYSE Arca, Inc., 16844-16845 E7-6372 Philadelphia Stock Exchange, Inc., 16845-16848 E7-6375 E7-6378 Social Social Security Administration RULES Social security benefits and supplementary security income: Federal old age, survivors, and disability insurance and aged, blind, and disabled— Attorney Fee Payment System extended, eligible non-attorney representatives fee withholding and payment procedures, and past-due benefits definition, 16720-16726 E7-6383 State State Department NOTICES Grants and cooperative agreements; availability, etc.: Edmund S. Muskie Graduate Fellowship Program, 16848-16853 E7-6360 Fulbright Program Offices in Russia and Ukraine; fiscal disbursing agent and administrative support services, 16853-16857 E7-6359 Youth Leadership Program— Diversity, democracy, globalization, and citizenship, 16862-16867 E7-6369 Rwanda and Kenya, 16857-16862 E7-6361 Meetings: International Communications and Information Policy Advisory Committee, 16867-16868 E7-6292 International Telecommunication Advisory Committee, 16868 E7-6293 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Women's Services Advisory Committee, 16806 07-1671 Surface Surface Transportation Board NOTICES Motor carrier applications, exemptions, etc.: Firstgroup PLC, 16872 E7-6380 Thrift Thrift Supervision Office PROPOSED RULES Privacy of consumer financial information; model privacy form Correction, 16875-16876 C7-1476 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Surface Transportation Board NOTICES Aviation proceedings: Hearings, etc.— Alaska Central Express, Inc., 16868 E7-6351 International Air Transport Association; tariff conferences approval withdrawn, 16868-16869 E7-6354 Vision Airlines, Inc., 16868 E7-6336 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 16807-16808 E7-6370 Veterans Veterans Affairs Department RULES Disabilities rating schedule: Current diagnostic codes; correction, 16728-16729 E7-6286 Vocational rehabilitation and education: Veterans and dependents education— Topping up tuition assistance; licensing and certification tests; duty to assist education claimants, 16962-16983 E7-5842 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 16878-16931 E7-5750 Part III Securities and Exchange Commission, 16934-16960 E7-5947 Part IV Veterans Affairs Department, 16962-16983 E7-5842 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 65 Thursday, April 5, 2007 Rules and Regulations FEDERAL ELECTION COMMISSION 11 CFR Part 104 [NOTICE 2007-9] Statement of Policy; Safe Harbor for Misreporting Due to Embezzlement AGENCY: Federal Election Commission. ACTION: Statement of policy. SUMMARY: The Commission is issuing a Statement of Policy to announce that it is creating a safe harbor for the benefit of political committees that have certain internal controls in place to prevent misappropriations and associated misreporting. Specifically, the Commission does not intend to seek civil penalties against a political committee for filing incorrect reports due to the misappropriation of committee funds if the committee has the specified safeguards in place. EFFECTIVE DATE: April 5, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Joseph Stoltz, Assistant Staff Director, Audit Division, 999 E Street, NW., Washington, DC 20463,

(202)694-1200. SUPPLEMENTARY INFORMATION: The Commission has encountered a dramatic increase in the number of cases where political committee staff misappropriates committee funds. Misappropriations are often accompanied by the filing of inaccurate disclosure reports with the FEC, leaving committees vulnerable to a FEC enforcement action and potential liability for those reporting errors. In response to the rise in this activity, the Commission has concluded that the following internal controls are minimal safeguards a committee should implement to prevent misappropriations and associated misreporting. This policy does not impose new legal requirements on political committees; rather it creates a safe harbor. If the following internal controls are in place at the time of a misappropriation, and the post-discovery steps described below are followed by the committee, the FEC will not seek a monetary penalty on the political committee for filing incorrect reports due to the misappropriation of committee funds. 1 The Commission will also consider the presence of some, but not all, of these practices, or of comparable safeguards, as a mitigating factor in considering any monetary liability resulting from a misappropriation. 2 1 The internal controls set forth here represent the minimum efforts a committee must take to qualify for this safe harbor. The FEC provides additional guidance on internal controls best practices at *http://www.fec.gov/law/policy.shtml#guidance.* 2 This policy does not absolve or mitigate FEC liability for individuals responsible or complicit in the misappropriations. A. Internal Controls □ All bank accounts are opened in the name of the committee, never an individual, using the committee's Employer Identification Number, not an individual's Social Security Number. □ Bank statements are reviewed for unauthorized transactions and reconciled to the accounting records each month. Further, bank records are reconciled to disclosure reports prior to filing. The reconciliations are done by someone other than a check signer or an individual responsible for handling the committee's accounting. □ Checks in excess of $1000 are authorized in writing and/or signed by two individuals. Further, all wire transfers are authorized in writing by two individuals. The individuals who may authorize disbursements or sign checks should be identified in writing in the committee's internal policies. □ An individual who does not handle the committee's accounting or have banking authority receives incoming checks and monitors all other incoming receipts. This individual makes a list of all committee receipts and places a restrictive endorsement, such as: For Deposit Only to the Account of the Payee” on all checks. □ If the committee has a petty cash fund, an imprest system 3 is used, and the value of the petty cash fund should be no more than $500. 3 An imprest fund is one in which the sum of the disbursements recorded in the petty cash log since the last replenishment and the remaining cash always equals the stated amount of the fund. When the fund is replenished the amount of the replenishment equals the amounts recorded since the prior replenishment and should bring the cash balance back to the stated amount. Only one person should be in charge of the fund. B. Post-Discovery of Misappropriation Activity As soon as a misappropriation is discovered, the political committee: □ Notifies relevant law enforcement of the misappropriation. □ Notifies the FEC of the misappropriation. □ Voluntarily files amended reports to correct any reporting errors due to the misappropriation, as required by the FEC. This notice represents a general statement of policy announcing the general course of action that the Commission intends to follow. This policy statement does not constitute an agency regulation requiring notice of proposed rulemaking, opportunities for public participation, prior publication, and delay in effective date under 5 U.S.C. 553 of the Administrative Procedures Act (“APA”). As such, it does not bind the Commission or any member of the general public. The provisions of the Regulatory Flexibility Act, 5 U.S.C. 605(b), which apply when notice and comment are required by the APA or another statute, are not applicable. Dated: March 22, 2007. Robert D. Lenhard, Chairman, Federal Election Commission. [FR Doc. E7-6299 Filed 4-4-07; 8:45 am] BILLING CODE 6715-01-P FEDERAL ELECTION COMMISSION 11 CFR Part 111 [Notice 2007-8] Policy Regarding Self-Reporting of Campaign Finance Violations (Sua Sponte Submissions) AGENCY: Federal Election Commission. ACTION: Statement of Policy. SUMMARY: In order to encourage the self-reporting of violations about which the Commission would not otherwise have learned, the Commission will generally offer penalties between 25% and 75% lower than the Commission would otherwise have sought in identical matters arising by other means. The Commission will also use a new expedited procedure through which the Commission may allow individuals and organizations that self-report violations and that make a complete report of their internal investigation to proceed directly into conciliation prior to the Commission determining whether their conduct may have violated statutes or regulations within its jurisdiction. This policy also addresses various issues that can arise in connection with parallel criminal, administrative or civil proceedings. DATES: Effective April 5, 2007. FOR FURTHER INFORMATION CONTACT: Mark Shonkwiler, Assistant General Counsel, or April J. Sands, Attorney, Enforcement Division, Federal Election Commission, 999 E Street, NW., Washington, DC 20463,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: I. Goals and Scope of the Policy The Commission periodically receives submissions from persons who self-report statutory or regulatory violations of which the Commission had no prior knowledge. The Commission considers such self-reports (which also are referred to as *sua sponte* submissions) as information ascertained in the normal course of carrying out its supervisory responsibilities pursuant to 2 U.S.C. 437g(a)(2), and may investigate if it determines there is reason to believe a violation has occurred. The Commission also investigates complaints reporting the potentially illegal conduct of another, submitted pursuant to 2 U.S.C. 437g(a)(1), but which also, by implication, provide a basis for investigating the complainant itself. 1 As a general proposition, self-reported matters, when accompanied by full cooperation, will be resolved more quickly and on more favorable terms than identical matters arising by other means ( *e.g.* , those arising via external complaints, referrals from other government agencies, or referrals from the Commission's Audit or Reports Analysis Divisions). 2 1 If a person who self-reports a violation of the FECA also makes specific allegations as to other persons not joining in the submission, and particularly where the person making the submission seeks to assign primary responsibility for the violations to another person (including an organization's former officers or employees), the Commission, acting through its Office of General Counsel, may advise the self-reporting person that a portion of the relevant materials should be re-submitted as a complaint to which other persons would be allowed to respond prior to any findings by the Commission. 2 When violations are found, FECA requires the Commission to attempt to correct or prevent violations through conciliation agreements before suit may be filed in federal district court. The Commission recently has seen an increase in self-reported violations, which may be attributable, at least in part, to greater attention being placed on compliance programs for areas of potential organizational liability, and recognition that addressing a problem through self-auditing and self-reporting may help minimize reputational harm. The increase in the number of self-reported matters has highlighted the need to increase the transparency of Commission policies and procedures. Moreover, the Commission seeks to provide appropriate incentives for this demonstration of cooperation and responsibility. On December 8, 2006, the Commission published a proposed policy statement on self-reporting of violations. See Proposed Policy Regarding Self-Reporting of Campaign Finance Violations (Sua Sponte Submissions), 71 FR 71090 (December 8, 2006). The comment period ended on January 29, 2007. Two comments were received. One of the comments supported the proposed policy and suggested some minor revisions. The other comment opposed the proposed policy. This policy provides an overview of the factors that influence the Commission's handling and disposition of self-reported matters. It should be noted that while cooperation in general, and self-reporting in particular, will be considered by the Commission as mitigating factors, they do not excuse a violation of the Act or end the enforcement process. Also, this policy does not confer any rights on any person and does not in any way limit the right of the Commission to evaluate every case individually on its own facts and circumstances. 3 3 Some violations, for instance, are subject to a mandatory minimum penalty prescribed by statute. See 2 U.S.C. 437g(a)(6)(C). II. Self-Reporting of FECA Violations Self-reporting of violations typically allows respondents to resolve their civil liability in a manner which has the potential to:

(1)Reduce the investigative burden on both the Commission and themselves;

(2)demonstrate their acceptance of organizational or personal responsibility and commitment to internal compliance; and

(3)conclude their involvement in the Commission's enforcement process on an expedited basis. As a result, a person who brings to the Commission's attention violations of the FECA and Commission regulations and who cooperates with any resulting investigation will also generally receive appropriate consideration in the terms of an eventual conciliation agreement. For example, the Commission may do one or more of the following: • Take no action against particular respondents; • Offer a significantly lower penalty than what the Commission otherwise would have sought in a complaint-generated matter involving similar circumstances or, where appropriate, no civil penalty; • Offer conciliation before a finding of probable cause to believe a violation occurred, and in certain cases proceed directly to conciliation without the Commission first finding reason to believe that a violation occurred; • Refrain from making a formal finding that a violation was knowing and willful, even where the available information would otherwise support such a finding; • Proceed only as to an organization rather than as to various individual agents or, where appropriate, proceed only as to individuals rather than organizational respondents; • Include language in the conciliation agreement that indicates the level of cooperation provided by respondents and the remedial action taken. Additionally, in cases where the submission includes privileged or sensitive information, the Commission may work with the submitter to protect privileged information from public disclosure while still allowing the Commission to verify the sufficiency of the submission. III. Factors Considered in Self-Reported Matters The Commission may take into account various factors in considering how to proceed regarding self-reported violations. In general, more expedited processing and a more favorable outcome will result when the self-reporting party can show that upon discovery of the potential violations, there was an immediate end to the activity giving rise to the violation(s); the respondent made a timely and complete disclosure to the Commission and fully cooperated in the disposition of the matter; and the respondent implemented appropriate and timely corrective measures, including internal safeguards necessary to prevent any recurrence. Further detail as to these factors is supplied below. Nature of the Violation

(1)*The type of violation:* Whether the violation was knowing and willful, or resulted from reckless disregard for legal requirements or deliberate indifference to indicia of wrongful conduct; negligent; an inadvertent mistake; or based on the advice of counsel; 4 4 A respondent seeking to defend conduct based on advice of counsel may not simultaneously withhold documentary or other evidence supporting that assertion based on the attorney-client privilege.

(2)*The magnitude of the violation:* Whether the violation resulted from a one-time event or an ongoing pattern of conduct repeated over an extended period of time (and whether there was a history of similar conduct); how many people were involved in or were aware of the violation and the relative level of authority of these people within the organization; whether individuals were coerced into participating in the violation; the amount of money involved either in terms of absolute dollar amount or in terms of the percentage of an entity's activity; and the impact the violation may have had on any federal election;

(3)*The origin of the violation:* Whether the conduct was intended to advance the organization's interests or to defraud the organization for the personal gain of a particular individual; whether there were compliance procedures in place to prevent the type of violation now uncovered and, if so, why those procedures failed to stop or deter the wrongful conduct; and whether the persons with knowledge of the violation were high-level officials in the organization. Extent of Corrective Action and New Self-Governance Measures

(4)*Investigative and corrective actions:* Whether the violation immediately ceased upon its discovery; how long it took after discovery of the violation to take appropriate corrective measures, including disciplinary action against persons responsible for any misconduct; whether there was a thorough review of the nature, extent, origins, and consequences of the conduct and related behavior; whether the respondent expeditiously corrected and clarified the public record by making appropriate and timely disclosures as to the source and recipients of any funds involved in a violation; whether a federal political committee promptly made any necessary refunds of excessive or prohibited contributions; and whether an organization or individual respondent waived its claim to refunds of excessive or prohibited contributions and instructed recipients to disgorge such funds to the U.S. Treasury;

(5)*Post-discovery compliance measures:* Whether there are assurances that the conduct is unlikely to recur; whether the respondent has adopted and ensured enforcement of more effective internal controls and procedures designed to prevent a recurrence of the violation; and whether the respondent provided the Commission with sufficient information for it to evaluate the measures taken to correct the situation and ensure that the conduct does not recur. Disclosure and Cooperation

(6)*Full disclosure of the violation to the Commission:* Whether steps were taken upon learning of the violation; whether the disclosure was voluntary or made in recognition that the violation had been or was about to be discovered, or in recognition that a complaint was filed, or was about to be filed, by someone else; and whether a comprehensive and detailed disclosure of the results of its internal review was provided to the Commission in a timely fashion;

(7)*Full cooperation with the Commission:* Whether the respondent promptly made relevant records and witnesses available to the Commission, and made all reasonable efforts to secure the cooperation of relevant employees, volunteers, vendors, donors and other staff without requiring compulsory process; whether the respondent agreed to waive or toll the statute of limitations for activity that previously had been concealed or not disclosed in a timely fashion. The Commission recognizes that all of the above-listed factors will not be relevant in every instance of self-reporting of potential FECA violations, nor is the Commission required to take all such factors into account. In addition, these factors should not be viewed as an exhaustive list. IV. Reduction in Penalties for Self-Reporting Matters The Commission will generally reduce opening civil penalty offers by between 25% and 75% compared with identical matters arising from a complaint or by other means. The amount of the reduction depends on the facts and circumstances of a particular case. The Commission will consider the factors set forth above. Absent unusual circumstances, the Commission will grant a civil penalty reduction of 50% to respondents who meet the following criteria: • Respondents alert the Commission to potential violations before the violation had been or was about to be discovered by any outside party, including the Commission; • The violation immediately ceased and was promptly reported to the Commission upon discovery; • Respondents take appropriate and prompt corrective action(s) (e.g., changes to internal procedures to prevent a recurrence of the violation; increased training; disciplinary action where appropriate); • Respondents amend reports or disclosures to correct past errors, if applicable; • Any appropriate refunds, transfers, and disgorgements are made and/or waived; and • Respondents fully cooperate with the Commission in ensuring that the *sua sponte* submission is complete and accurate. In addition, the Commission may grant a civil penalty reduction of up to 75% to respondents for violations in *sua sponte* submissions based on other factors such as submissions that were uncovered as a result of independent experts that were hired by respondents to conduct a thorough review, investigation or audit, or an equally comprehensive internal review, investigation or audit. In order to receive this reduction, respondents must also meet the above criteria for a 50% reduction and provide the Commission with all documentation of the experts' review, investigation, or audit. 5 5 As discussed above, the Commission will, where appropriate, work with the submitter to protect privileged information from public disclosure. The required scope of the review, investigation or audit will depend on the circumstances. For example, if an organization discovers that an employee, stockholder or member may have reimbursed political contributions with organization funds, the Commission would consider a thorough review to include: Identification of all political contributions made by the suspect employee subsequent to and for at least three years prior to the suspected reimbursement (and extending further if additional suspect contributions are found); a review of contributions by anyone associated with the organization (including, but not limited to, relatives and subordinates) corresponding in time or recipient to the suspected reimbursed contributions; a review of the organization's compensation (especially bonus) and expense reimbursement policies and practices for the relevant periods to identify potential contribution reimbursements. Similarly, if an organization discovers it has misstated financial information on its reports, the Commission would consider a through review to include: An audit reconciling bank and internal financial records with FEC reports for the period in which the error was discovered, any subsequent reporting periods, and prior reporting periods for at least a year prior to the error (and extending further if additional errors are found); a review addressing internal controls and reporting procedures and identifying weaknesses contributing to the errors and remedies for those weaknesses. The Commission will be the sole arbiter of whether the facts of each case warrant a particular reduction in the penalty. The Commission will generally not give a respondent the benefit of this policy if the respondent is the subject of a criminal or other government investigation. In considering appropriate penalties, the Commission will also consider the presence of aggravating factors, such as knowing and willful conduct or involvement by senior officials of an entity. V. Fast-Track Resolution The Commission will generally not make a reason-to-believe finding or open a formal investigation for respondents that self-report violations, if:

(1)All potential respondents in a matter have joined in a self-reporting submission that acknowledges their respective violations of the FECA;

(2)those violations do not appear to be knowing and willful;

(3)the submission is substantially complete and reasonably addresses the significant questions or issues related to the violation; and

(4)the factual and legal issues are reasonably clear. Accordingly, the Commission is modifying its current practice to allow for an expedited Fast-Track Resolution (“FTR”) for a limited number of matters involving self-reported violations. This procedure is available at the Commission's discretion, but may be requested by respondents. Respondents eligible for the FTR process will meet with the Office of General Counsel to negotiate a proposed conciliation agreement before the Commission makes any formal findings in the matter. Although the Commission is always free to reject or seek modifications to a proposed conciliation agreement, it is expected that this process will allow for more expedited processing of certain types of violations where factual and legal issues are reasonably clear. It also will allow respondents to resolve certain matters short of the Commission finding that there is reason to believe that a violation has occurred. Examples of matters that might be eligible for such treatment include: • Matters in which an individual contributor discovers that he or she inadvertently violated the individual aggregate election cycle contribution limit contained in 2 U.S.C. 441a(a)(3); • Matters in which a political committee seeks to disclose and correct relatively straightforward reporting violations; • Matters in which a contributor and a political committee jointly seek to resolve their liability for a simple and inadvertent excessive or prohibited contribution; and • Matters in which the initial self-reporting submission by the respondents is sufficiently thorough that only very limited, if any, follow-up by the Office of the General Counsel is necessary to complete the factual record. VI. Parallel Proceedings The Commission recognizes that persons self-reporting to the Commission may face special concerns in connection with parallel criminal investigations, State administrative proceedings, and/or civil litigation. The Commission expects that persons who self-report to the Commission will inform the Commission of any existing parallel proceedings. The Commission encourages persons who self-report to the Commission also to self-report related violations to any law enforcement agency with jurisdiction over the activity. This will assist the Commission, where appropriate and possible, in working with other federal, state, and local agencies to facilitate a global and/or contemporaneous resolution of related violations by a self-reporting person. The possibility of such a resolution is enhanced when the self-reporting person expresses a willingness to engage other government agencies that may have jurisdiction over the conduct and to cooperate with joint discovery and disclosure of facts and settlement positions with respect to the different agencies. In situations where contemporaneous resolution of parallel matters is not feasible, the Commission will consider whether terms contained in a conciliation agreement with the Commission may affect potential liability the same respondent realistically faces from another agency. In appropriate cases, where there has been self-reporting and full cooperation, the Commission may agree to enter into conciliation without requiring respondents to admit that their conduct was knowing and willful, even where there is evidence that may be viewed as supporting this conclusion. The Commission has followed this practice in several self-reported matters where the organizational respondents promptly self-reported and took comprehensive and immediate corrective action that included the dismissal of all individual corporate officers whose actions formed the basis for the organization's potential knowing and willful violation. The Commission has the statutory authority to refer knowing and willful violations of the FECA to the Department of Justice for potential criminal prosecution, 2 U.S.C. 437g(a)(5)(C), and to report information regarding violations of law not within its jurisdiction to appropriate law enforcement authorities. 2 U.S.C. 437d(a)(9). The Commission will take into consideration the fact of self-reporting in deciding whether to refer a matter. However, the Commission will not negotiate whether it refers, reports, or otherwise discusses information with other law enforcement agencies. Although the Commission cannot disclose information regarding an investigation to the public, it can and does share information on a confidential basis with other law enforcement agencies. VII. Conclusion The Commission seeks to encourage the self-reporting of violations. To that end, the Commission has adopted this policy that explains that *sua sponte* submissions will, in general, receive more expedited processing and more favorable outcomes than identical matters arising by other means. This notice represents a general statement of policy announcing the general course of action that the Commission intends to follow. This policy statement does not constitute an agency regulation requiring notice of proposed rulemaking, opportunities for public participation, prior publication, and delay in effective date under 5 U.S.C. 553 of the Administrative Procedures Act (“APA”). As such, it does not bind the Commission or any member of the general public. The provisions of the Regulatory Flexibility Act, 5 U.S.C. 605(b), which apply when notice and comment are required by the APA or another statute, are not applicable. Dated: March 27, 2007. Robert D. Lenhard, Chairman, Federal Election Commission. [FR Doc. E7-6185 Filed 4-4-07; 8:45 am] BILLING CODE 6715-01-P FARM CREDIT ADMINISTRATION 12 CFR Parts 611, 612, 614, 615, 618, 619, 620, and 630 RIN 3052-AC19 Organization; Standards of Conduct and Referral of Known or Suspected Criminal Violations; Loan Policies and Operations; Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; General Provisions; Definitions; Disclosure to Shareholders; Disclosure to Investors in System-Wide and Consolidated Bank Debt Obligations of the Farm Credit System; Effective Date AGENCY: Farm Credit Administration. ACTION: Announcement of effective date. SUMMARY: The Farm Credit Administration

(FCA)published a final rule under parts 611, 612, 614, 615, 618, 619, 620, and 630 on February 2, 2006. This final rule amended our regulations affecting the governance of the Farm Credit System and became effective on April 5, 2006 (71 FR 18168, April 11, 2006), except for the amendments to §§ 611.210(a)(2), 611.220(a)(2)(i) and (ii), 611.325, and 620.21(d)(2). This document announces the effective date of those delayed portions of the rule. EFFECTIVE DATE: The effective date for the amendments to §§ 611.210(a)(2), 611.220(a)(2)(i) and (ii), 611.325, and 620.21(d)(2), published February 2, 2006, at 71 FR 5740, is April 5, 2007. FOR FURTHER INFORMATION CONTACT: Gary Van Meter, Deputy Director, Office of Regulatory Policy, Farm Credit Administration, McLean, VA 22102-5090,

(703)883-4232, TTY

(703)883-4434; or Laura D. McFarland, Senior Attorney, Office of General Counsel, Farm Credit Administration, McLean, VA 22102-5090,

(703)883-4020, TTY

(703)883-4020. (12 U.S.C. 2252(a)(9) and (10)) Dated: April 2, 2007. Roland E. Smith, Secretary, Farm Credit Administration Board. [FR Doc. E7-6357 Filed 4-4-07; 8:45 am] BILLING CODE 6705-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27757; Directorate Identifier 2007-NM-030-AD; Amendment 39-15014; AD 2007-07-13] RIN 2120-AA64 Airworthiness Directives; Gulfstream Aerospace LP Model Galaxy Airplanes and Model Gulfstream 200 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Avionics and electrical wire harnesses are routed behind the Primary Flight Displays

(PFD)tray at the rear of the instrument panel. In some cases, the wire harness has been found to be chafing on the PFD tray. That could result in electrical arcing and shorting and subsequent loss of systems essential for safe flight. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective April 20, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 20, 2007. We must receive comments on this AD by May 7, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Fax:*

(202)493-2251. • *Mail:* Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *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. • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Mike Borfitz, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2677; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Discussion The Civil Aviation Authority of Israel (CAAI), which is the aviation authority for Israel, has issued Israeli Airworthiness Directive 31-07-01-12, dated February 15, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Avionics and electrical wire harnesses are routed behind the Primary Flight Displays

(PFD)tray at the rear of the instrument panel. In some cases, the wire harness has been found to be chafing on the PFD tray. That could result in electrical arcing and shorting and subsequent loss of systems essential for safe flight. The corrective actions include inspecting the wiring harness for chafing, performing repairs if required; and inspecting the wire harnesses for proper clearance, and rerouting/relocating wire harnesses to obtain proper clearance if required. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Gulfstream has issued Service Bulletin 200-31-301, dated January 19, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because avionics and electrical wire harnesses are routed behind the primary flight displays

(PFD)tray at the rear of the instrument panel. In some cases, the wire harness has been found to be chafing on the PFD tray. That could result in electrical arcing and shorting and subsequent loss of systems essential for safe flight. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-27757; Directorate Identifier 2007-NM-030-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because 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 we receive about this AD. 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 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 this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. 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 FAA amends § 39.13 by adding the following new AD: **2007-07-13 GULFSTREAM AEROSPACE LP (Formerly Israel Aircraft Industries, Ltd.):** Amendment 39-15014. Docket No. FAA-2007-27757; Directorate Identifier 2007-NM-030-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective April 20, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Gulfstream Model Galaxy airplanes and Model Gulfstream 200 airplanes, certificated in any category, serial numbers 004 through 056. Subject

(d)Instruments. Reason

(e)The mandatory continued airworthiness information

(MCAI)states: Avionics and electrical wire harnesses are routed behind the Primary Flight Displays

(PFD)tray at the rear of the instrument panel. In some cases, the wire harness has been found to be chafing on the PFD tray. That could result in electrical arcing and shorting and subsequent loss of systems essential for safe flight. The corrective actions include inspecting the wiring harness for chafing, performing repairs if required; inspecting the wire harnesses for proper clearance, and rerouting/relocating wire harnesses to obtain proper clearance if required. Actions and Compliance

(f)Within 50 flight hours or 1 month, whichever occurs first, after the effective date of this AD, unless already done: Do the actions in paragraphs (f)(1) and (f)(2) of this AD.

(1)Inspect the wiring harness for chafing and perform repairs, as applicable, according to Gulfstream Service Bulletin 200-31-301, dated January 19, 2007.

(2)After doing the inspection and all applicable repairs required by paragraph (f)(1) of this AD, before further flight, inspect to make sure the wire harnesses have proper clearance and reroute/relocate wire harnesses to obtain proper clearance, as applicable, according to Gulfstream Service Bulletin 200-31-301, dated January 19, 2007. FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: No differences. Other FAA AD Provisions

(g)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Mike Borfitz, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2677; fax

(425)227-1149. 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.

(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(h)Refer to MCAI Israeli Airworthiness Directive 31-07-01-12, dated February 15, 2007, and Gulfstream Service Bulletin 200-31-301, dated January 19, 2007, for related information. Material Incorporated by Reference

(i)You must use Gulfstream Service Bulletin 200-31-301, dated January 19, 2007, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)For service information identified in this AD, contact Gulfstream Aerospace Corporation, P.O. Box 2206, Mail Station D-25, Savannah, Georgia 31402-2206.

(3)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 23, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-6263 Filed 4-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26685; Directorate Identifier 2006-NM-200-AD; Amendment 39-15015; AD 2007-07-14] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ airplanes. This AD requires modifying the forward and aft auxiliary fuel tanks. This AD results from a fuel system reassessment according to SFAR 88 criteria, which revealed the possibility of sparks due to chafing between the harnesses of the forward and aft auxiliary fuel tanks, between certain harnesses attached to the aircraft structure, or between certain harnesses attached to certain mechanical components. We are issuing this AD to prevent a potential ignition source inside a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion. DATES: This AD becomes effective May 10, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of May 10, 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos-SP, Brazil, 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 all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ airplanes. That NPRM was published in the **Federal Register** on December 27, 2006 (71 FR 77629). That NPRM proposed to require modifying the forward and aft auxiliary fuel tanks. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Change Applicability Embraer states that the applicability in paragraph

(c)of the NPRM specifies the following: “This AD applies to all EMBRAER Model EMB-135BJ airplanes, certificated in any category.” Embraer's position is that the applicability statement would be better as follows: “This AD applies to all EMBRAER Model EMB-135BJ airplanes, certificated in any category, as listed in Embraer Service Bulletin 145LEG-28-0022, original issue, dated February 17, 2005.” We agree with Embraer. We have determined that changing the applicability of the AD as the commenter recommended would reduce the number of airplanes to specify only those that are affected by the AD requirements; we find that all Model EMB-135BJ airplanes are not affected. Therefore, we have changed paragraph

(c)of this AD as follows: “This AD applies to EMBRAER Model EMB-135BJ airplanes, certificated in any category; as identified in Embraer Service Bulletin 145LEG-28-0022, dated February 17, 2005.” Request To Change Unsafe Condition Embraer states that paragraph

(d)of the NPRM describes the unsafe condition as follows: “This AD results from a report of sparks due to chafing between the harnesses of the forward and aft auxiliary fuel tanks, between certain harnesses attached to the aircraft structure, or between certain harnesses attached to certain mechanical components. We are issuing this AD to prevent a potential ignition source inside a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion.” Embraer would like to clarify that no reports of sparks due to chafing between the harnesses of the forward and aft auxiliary fuel tanks were found in the field. Therefore, Embraer suggests that the FAA rewrite the unsafe condition as follows: “This AD results from a fuel system reassessment according to SFAR 88 criteria, it has been found the possibility of sparks due to chafing between the harnesses of the forward and aft auxiliary fuel tanks, between certain harnesses attached to the aircraft structure, or between certain harnesses attached to certain mechanical components. We are issuing this AD to prevent a potential ignition source inside a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion.” We agree to rewrite certain language regarding the unsafe condition for the reason provided by Embraer; however, the language Embraer wants changed is not the unsafe condition, it is actually the reason that the unsafe condition occurred. We have changed the reason in the Summary section and paragraph

(d)of this AD; in addition, we have clarified the language the commenter provided above as follows: “This AD results from a fuel system reassessment according to SFAR 88 criteria, which revealed the possibility of sparks due to chafing between the harnesses of the forward and aft auxiliary fuel tanks, between certain harnesses attached to the aircraft structure, or between certain harnesses attached to certain mechanical components.” Request for Clarification Embraer notes that paragraph (f)(1) of the NPRM states: “Modify the forward auxiliary fuel tanks.” Embraer would like to clarify that there are two forward auxiliary fuel tanks on the left and right sides. Embraer states that paragraph (f)(1) should be changed for clarification, as follows: “Modify the forward auxiliary fuel tanks on the left and right sides.” We agree with Embraer for the reason provided and have changed paragraph (f)(1) accordingly. Request To Refer to Revision 1 of Brazilian Airworthiness Directive 2006-07-03 Embraer notes that the Agência Nacional de Aviação Civil, which is the airworthiness authority for Brazil, has issued Brazilian airworthiness directive 2006-07-03R1, effective January 4, 2007. We infer that Embraer is asking that we refer to the revised Brazilian airworthiness directive in the AD. Revision 1 corrects the part numbers of some bonding jumpers, support assemblies, and transfer line tubes. We agree with Embraer and have revised paragraph

(h)of this AD to refer to Revision 1 of the Brazilian airworthiness directive. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. These changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 27 airplanes of U.S. registry. The modifications take about 20 work hours per airplane, at an average labor rate of $80 per work hour. Required parts cost $2,200 per airplane. Based on these figures, the estimated cost of the modifications for U.S. operators is $102,600, or $3,800 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): **2007-07-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Amendment 39-15015. Docket No. FAA-2006-26685; Directorate Identifier 2006-NM-200-AD. Effective Date

(a)This AD becomes effective May 10, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to EMBRAER Model EMB-135BJ airplanes, certificated in any category; as identified in Embraer Service Bulletin 145LEG-28-0022, dated February 17, 2005. Unsafe Condition

(d)This AD results from a fuel system reassessment according to SFAR 88 criteria, which revealed the possibility of sparks due to chafing between the harnesses of the forward and aft auxiliary fuel tanks, between certain harnesses attached to the aircraft structure, or between certain harnesses attached to certain mechanical components. We are issuing this AD to prevent a potential ignition source inside a fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion. 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. Modifications

(f)Within 5,000 flight hours after the effective date of this AD: Accomplish the modifications specified in paragraphs (f)(1) and (f)(2) of this AD by doing all the applicable actions in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-28-0022, dated February 17, 2005.

(1)Modify the forward auxiliary fuel tanks on the left and right sides.

(2)Modify the aft auxiliary fuel tanks on the left and right sides. 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)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

(h)Brazilian airworthiness directive 2006-07-03R1, effective January 4, 2007, also addresses the subject of this AD. Material Incorporated by Reference

(i)You must use EMBRAER Service Bulletin 145LEG-28-0022, dated February 17, 2005, 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil, 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 27, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-6230 Filed 4-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25965; Directorate Identifier 2006-NM-127-AD; Amendment 39-15013; AD 2007-07-08] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300 B2 and B4 Series Airplanes Equipped With General Electric CF6-50 Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to Airbus Model A300 B2 and B4 series airplanes equipped with General Electric CF6-50 engines. That AD currently requires deactivating both thrust reversers and revising the airplane flight manual

(AFM)to require performance penalties during certain takeoff conditions to ensure that safe and appropriate performance is achieved for airplanes on which both thrust reversers have been deactivated. This new AD requires one-time inspections of the directional pilot valve (DPV), the rocker arm and associated hardware, and corrective actions if necessary; reactivation of both thrust reversers; and repetitive inspections of the DPV and the associated control mechanism of the thrust reversers for incorrect assembly or excessive wear, and corrective actions if necessary. Accomplishing all of the actions would allow the removal of the AFM limitations in the existing AD. This AD results from reports indicating that the DPV was assembled incorrectly; further investigation revealed excessive wear on certain correctly assembled DPVs and the associated control mechanism. We are issuing this AD to prevent uncommanded in-flight deployment of a thrust reverser, which could result in reduced controllability of the airplane. DATES: This AD becomes effective May 10, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of May 10, 2007. On May 6, 2002 (67 FR 21569, May 1, 2002), the Director of the Federal Register approved the incorporation by reference of Airbus All Operators Telex A300/78A0023, dated April 5, 2002. 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: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, FAA, International Branch, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington, 98057-3356; telephone

(425)227-1622; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(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 supersedes AD 2002-08-51, amendment 39-12728 (67 FR 21569, May 1, 2002). The existing AD applies to Airbus Model A300 B2 and B4 series airplanes equipped with General Electric CF6-50 engines. That NPRM was published in the **Federal Register** on October 3, 2006 (71 FR 58318). That NPRM proposed to continue to require deactivating both thrust reversers and revising the airplane flight manual

(h)of the NPRM. Paragraph

(h)specifies doing the actions within 18 months after doing the actions in paragraph

(g)of the NPRM. Paragraph

(g)of the NPRM refers to service information dated May 29, 2002; therefore, operators may have done the actions more than 18 months ago. Airbus and ASTAR Air Cargo ask that we extend the 18-month compliance time specified in paragraph

(h)of the NPRM, as follows: ASTAR asks that it be extended to 36 months after doing the actions required by paragraph

(g)of the NPRM. ASTAR states that Airbus Service Bulletin A300-78-0025, Revision 01, dated February 16, 2005, is approved under the European Aviation Safety Agency

(EASA)authority and states that if Airbus All Operators Telex

(AOT)A300-78A0024, dated May 29, 2002, is accomplished, the inspection is to be done every 36 months or 8,000 flight hours, whichever occurs first. ASTAR believes that if Airbus AOT A300-78A0024 is accomplished, it meets the initial inspection intent of Airbus Service Bulletin A300-78-0025, and a repeat interval of 8,000 flight hours is required, as stated in Direction Générale de l'Aviation Civile

(DGAC)French airworthiness directive F-2005-208, dated December 21, 2005 (which is a parallel AD for the specified actions). ASTAR notes that, since paragraph

(g)of the NPRM requires accomplishing Airbus AOT 78A0024, the compliance time specified in paragraph

(h)of the NPRM should be 8,000 flight hours. ASTAR adds that this change would align the NRPM with DGAC airworthiness directive F-2005-208 and European Aviation Safety Agency

(EASA)approval of Airbus Service Bulletin A300-78-0025. ASTAR suggests that paragraph

(h)of the NPRM be changed as follows: “Within 36 months after accomplishing paragraph

(g)of this AD: Do a detailed inspection of the DPV and the associated control mechanism of the thrust reverser for incorrect assembly or excessive wear * * * .” Airbus states that the compliance time specified in paragraph

(h)of the NPRM is not the same as the one provided in the referenced service bulletin and in French airworthiness directive F-2005-208. Airbus notes that the compliance time specifies: “For a/c on which AOT 78A0024 is not accomplished: perform ISB at the earliest opportunity without exceeding 18 months. Repeat inspection every 8000FH.” And, “For a/c on which AOT 78A0024 is accomplished: repetitive inspection using ISB must not exceed 8000FH after initial inspection (iaw AOT), then every 8000FH.” Airbus adds that, in French airworthiness directive F-2005-208, the initial inspection in accordance with Airbus Service Bulletin A300-78-0025 is mandated with 18 months only for aircraft on which AOT A300-78A0024 has not been accomplished. Airbus notes that, as long as the FAA AD mandates accomplishment of the AOT as initial inspection (paragraph

(g)of this AD), it considers accomplishment of Airbus Service Bulletin A300-78-0025 within 18 months an additional constraint which was not originally recommended in Airbus Service Bulletin A300-78-0025 or French airworthiness directive F-2005-208. Airbus concludes that, based on these comments, paragraph

(h)should mandate Airbus Service Bulletin A300-78-0025 for repetitive inspections, with intervals not exceeding 8,000 flight hours after the initial inspection (in accordance with paragraph

(g)of the NPRM). We agree to extend the compliance time specified in paragraph

(h)of this AD to within 36 months after the effective date of this AD, or within 8,000 flight hours after accomplishing the actions required by paragraph

(g)of this AD, whichever is first, for the reasons provided. Request To Clarify Intent of AD ASTAR asks for clarification if the intent of the NPRM is not to allow operation of the aircraft with one thrust reverser inoperative by using Minimum Equipment List

(MEL)relief nor special ferry flights if discrepancies are found during inspection. ASTAR notes that, as stated in paragraph

(h)of the NPRM, the aircraft must have applicable corrective actions before further flight. ASTAR also notes that the Airbus service bulletin requires inspection of the DPV by an approved workshop, which in most cases means a serviceable DPV will need to be installed during each inspection. To clarify, the intent of this AD is to require the reactivation of both thrust reversers after certain actions required by this AD are accomplished. It is not our intent to prohibit use of the relief provided by the Master Minimum Equipment List

(MMEL)in the case of one or more thrust reversers being inoperative. After reactivating the thrust reversers, an airplane may be operated with one or more thrust reversers inoperative in accordance with the MMEL. We have revised paragraph

(h)of the AD to include this clarification. Concerning the use of special flight permits: On July 10, 2002, the FAA issued a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's airworthiness directives system. The regulation now includes material that relates to special flight permits. Therefore, an AD will address special flight permits only if they are not allowed, or only allowed with specific limitations. It is not our intent to restrict the use of special flight permits, and this AD specifies no such restriction. We have not changed the AD in this regard. Request To Incorporate/Publish Certain Information The Modification and Replacement Parts Association (MARPA) states that, frequently, airworthiness directives are based on service information originating with the type certificate holder or its suppliers. MARPA adds that manufacturer service documents are privately authored instruments generally having copyright protection against duplication and distribution. MARPA notes that when a service document is incorporated by reference into a public document, such as an airworthiness directive, it loses its private, protected status and becomes a public document. MARPA adds that if a service document is used as a mandatory element of compliance, it should not simply be referenced, but should be incorporated into the regulatory document. MARPA states that, by definition, public laws must be public, which means they cannot rely upon private writings, especially when the private writings originate in a foreign country. MARPA notes that since the interpretation of a document is a question of law and not fact, a service document not incorporated by reference will not be considered in a legal finding of the meaning of an airworthiness directive. MARPA is concerned that the failure to incorporate essential service information could result in a court decision invalidating the airworthiness directive. MARPA adds that incorporated-by-reference service documents should be made available to the public by publication in the Docket Management System (DMS), keyed to the action that incorporates them. MARPA notes that the stated purpose of the incorporation by reference method is brevity, to keep from expanding the **Federal Register** needlessly by publishing documents already in the hands of the affected individuals; traditionally, “affected individuals” means aircraft owners and operators, who are generally provided service information by the manufacturer. MARPA adds that a new class of affected individuals has emerged, since the majority of aircraft maintenance is now performed by specialty shops instead of aircraft owners and operators. MARPA notes that this new class includes maintenance and repair organizations, component servicing and repair shops, parts purveyors and distributors, and organizations manufacturing or servicing alternatively certified parts under section 21.303 (“Replacement and modification parts”) of the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the distribution to owners may, when the owner is a financing or leasing institution, not actually reach the persons responsible for accomplishing the airworthiness directive. Therefore, MARPA asks that the service documents deemed essential to the accomplishment of the NPRM be incorporated by reference into the regulatory instrument, and published in the DMS. We understand MARPA's comment concerning incorporation by reference. The Office of the Federal Register

(OFR)requires that documents that are necessary to accomplish the requirements of the AD be incorporated by reference during the final rule phase of rulemaking. This final rule incorporates by reference the documents necessary for the accomplishment of the requirements mandated by this AD. Further, we point out that while documents that are incorporated by reference do become public information, they do not lose their copyright protection. For that reason, we advise the public to contact the manufacturer to obtain copies of the referenced service information. In regard to MARPA's request to post service bulletins on the Department of Transportation's DMS, we are currently in the process of reviewing issues surrounding the posting of service bulletins on the DMS as part of an AD docket. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. We have not changed the AD in this regard. Explanation of Change to Applicability We have revised the applicability of the existing AD to identify model designations as published in the most recent type certificate data sheet for the affected models. Conclusion We have carefully reviewed the available data, including the comments that have been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. These changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 30 airplanes of U.S. registry. The actions that are required by AD 2002-08-51 and retained in this AD take about 3 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the currently required actions is $7,200, or $240 per airplane. The new inspection and reactivation procedures specified in Airbus AOT A300-78A0024 take about 9 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the new inspection and reactivation specified in this AD for U.S. operators is $21,600, or $720 per airplane. The new inspections specified in Airbus Service Bulletin A300-78-0025 take about 7 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the new inspections specified in this AD for U.S. operators is $16,800, or $560 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

(FAA)amends § 39.13 by removing amendment 39-12728 (67 FR 21569, May 1, 2002) and by adding the following new airworthiness directive (AD): **2007-07-08 AIRBUS:** Amendment 39-15013. Docket No. FAA-2006-25965; Directorate Identifier 2006-NM-127-AD. Effective Date

(a)This AD becomes effective May 10, 2007. Affected ADs

(b)This AD supersedes AD 2002-08-51. Applicability

(c)This AD applies to Airbus Model A300 B-2 and B-4 series airplanes, certificated in any category, equipped with General Electric CF6-50 engines. Unsafe Condition

(d)This AD results from reports indicating that the directional pilot valve

(DPV)was assembled incorrectly; further investigation revealed excessive wear on certain correctly assembled DPVs and the associated control mechanism. We are issuing this AD to prevent uncommanded in-flight deployment of a thrust reverser, 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. Restatement of Requirements of AD 2002-08-51: Thrust Reverser Deactivation and Airplane Flight Manual

(AFM)Revision

(f)Within 72 clock hours after May 6, 2002 (the effective date of AD 2002-08-51), accomplish paragraphs (f)(1) and (f)(2) of this AD.

(1)Deactivate both thrust reversers according to Airbus All Operators Telex A300/78A0023, dated April 5, 2002.

(2)Revise the Limitations Section of the AFM to include the following (this may be accomplished by inserting a copy of this AD into the AFM): “When the runway is wet or contaminated, reduce by five percent the corrected acceleration-stop distance resulting from the airplane flight manual takeoff performance analysis. ( **Note:** This supersedes any relief provided by the Master Minimum Equipment List (MMEL).)” New Requirements of This AD: Inspections and Corrective Actions

(g)Within 6 months after the effective date of this AD: Do the actions specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD in consecutive order, in accordance with the procedures specified in Airbus All Operators Telex

(AOT)A300-78A0024, dated May 29, 2002, which ends the requirements in paragraph

(f)of this AD.

(1)Do a detailed inspection of the DPV on each thrust reverser for incorrect assembly, incorrect diameter, or excessive wear, by doing all the applicable actions, including all applicable corrective actions. All applicable corrective actions must be done before further flight.

(2)Do a detailed inspection of the rocker arm of the DPV for excessive wear by doing all the applicable actions, including all applicable corrective actions. All applicable corrective actions must be done before further flight.

(3)Reactivate both thrust reversers and do a one-time operational test before further flight. Note 1: Airbus AOT A300-78A0024, dated May 29, 2002, refers to Middle River Aircraft Systems CF6-50 Alert Service Bulletin 78A3040, Revision 2, dated June 18, 2004 (including Honeywell Service Bulletin 121332-78-1620, Revision 2, dated June 18, 2004), as an additional source of service information for accomplishing the inspections. Note 2: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.” Repetitive Inspections/Corrective Actions

(h)Within 36 months after the effective date of this AD, or within 8,000 flight hours after accomplishing the actions required by paragraph

(g)of this AD, whichever is first: Do a detailed inspection of the DPV and the associated control mechanism of the thrust reverser for incorrect assembly or excessive wear, by doing all the applicable actions, including all applicable corrective actions, in accordance with Airbus Service Bulletin A300-78-0025, Revision 01, excluding Appendix 01, dated February 16, 2005. All applicable corrective actions must be done before further flight; however, the affected thrust reverser may be deactivated and the airplane operated in accordance with the limitations of the MMEL for operations with one or more thrust reversers inoperative. Repeat the inspection thereafter at intervals not to exceed 8,000 flight hours. Note 3: Airbus Service Bulletin A300-78-0025, Revision 01, dated February 16, 2005, refers to Middle River Aircraft Systems Component Maintenance Manual 78-31-06, Revision 10, dated May 31, 2005, as an additional source of service information for replacing defective components. Actions Accomplished Previously

(i)Inspections and corrective actions done before the effective date of this AD in accordance with Airbus Service Bulletin A300-78-0025, dated July 21, 2004, are acceptable for compliance with the corresponding requirements of paragraph

(h)of this AD. Alternative Methods of Compliance (AMOCs) (j)(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)AMOCs approved previously in accordance with AD 2002-08-51, are not approved as AMOCs with this AD.

(3)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

(k)French airworthiness directives 2002-293(B), dated June 12, 2002, and F-2005-208, dated December 21, 2005, also address the subject of this AD. Material Incorporated by Reference

(l)You must use Airbus All Operators Telex A300-78A0024, dated May 29, 2002; Airbus Service Bulletin A300-78-0025, Revision 01, excluding Appendix 01, dated February 16, 2005; and Airbus All Operators Telex A300/78A0023, dated April 5, 2002; as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of Airbus All Operators Telex A300-78A0024, dated May 29, 2002; and Airbus Service Bulletin A300-78-0025, Revision 01, excluding Appendix 01, dated February 16, 2005; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (The document number and date of Airbus All Operators Telex A300-78A0024, are indicated only on the first page; no other page of the document contains this information.)

(2)On May 6, 2002 (67 FR 21569, May 1, 2002), the Director of the Federal Register approved the incorporation by reference of Airbus All Operators Telex A300/78A0023, dated April 5, 2002.

(3)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 26, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-6229 Filed 4-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 Docket No. FAA-2006-25153; Airspace Docket No. 06-AWP-10 RIN 2120-AA66 Amendment to Class D Airspace; Broomfield, CO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on August 11, 2006 (71 FR 46076), Docket No. FAA-2006-25153, Airspace Docket No. 06-AWP-10. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state “* * * September 1, 2006, and effective September 15, 2006 * * *”, instead of “* * * September 1, 2005, and effective September 15, 2005”. This technical amendment corrects those errors. EFFECTIVE DATE: 0901 UTC, April 5, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; *telephone:*

(202)267-8783. SUPPLEMENTARY INFORMATION: History On August 11, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2006-25153, Airspace Docket No. 06-AWP-10, that amended Title 14 Code of Federal Regulations part 71 by amending Class D Airspace; Broomfield, CO (71 FR 46076). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. In addition, the corresponding dates that refer to the Order are incorrect. Instead of “ * * * September 1, 2005, and effective September 15, 2005”, the dates should read “ * * * September 1, 2006, and effective September 15, 2006 * * * ”. Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Docket No. FAA-2006-25153, Airspace Docket No. 06-AWP-10, as published in the **Federal Register** on August 11, 2006 (71 FR 46076), is corrected as follows: On page 46076, column 1, (from the bottom, counting up) lines 3 and 4, and column 2, (from the bottom, counting up) lines 5, 6 and 8, amend the language to read: § 71.1 [Amended] “ * * * FAA Order 7400.9P” instead of “FAA Order 7400.9N * * * ”. “ * * * September 1, 2006, and effective September 15, 2006.* * * ” instead of “ * * * September 1, 2005, and effective September 15, 2005 * * * ”. Issued in Washington, DC, March 23, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-6302 Filed 4-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-24243; Airspace Docket No. 06-AWP-11] RIN 2120-AA66 Revocation of Class D Airspace; Elko, NV AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on July 18, 2006 (71 FR 40651), Docket No. FAA-2006-24243, Airspace Docket No. 067-AWP-11. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state “* * * September 1, 2006 and effective September 15, 2006 * * *” instead of “* * * September 1, 2005, and effective September 16, 2005”. This technical amendment corrects those errors. EFFECTIVE DATE: 0901 UTC, April 5, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; *telephone:*

(202)267-8783. SUPPLEMENTARY INFORMATION: History On July 18, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2006-24243, Airspace Docket No. 06-AWP-11, that amended Title 14 Code of Federal Regulations part 71 by revoking Class D Airspace; Elko, NV (71 FR 40651). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. In addition, the corresponding dates that refer to the Order are incorrect. Instead of “* * * September 1, 2005, and effective September 16, 2005”, the dates should read “* * * September 1, 2006, and effective September 15, 2006 * * *”. Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Docket No. FAA-2006-24243, Airspace Docket No. 06-AWP-11, as published in the **Federal Register** on July 18, 2006 (71 FR 40651), is corrected as follows: On page 40652, column 1, lines 20, 21, and 22, and column 3, lines 28, 30 and 31, amend the language to read: § 71.1 [Amended] “* * * FAA Order 7400.9P * * *” instead of “* * * FAA Order 7400.9N * * *” “* * * September 1, 2006, and effective September 15, 2006 * * *” instead of “* * * September 1, 2005, and effective September 16, 2005 * * *” Issued in Washington, DC, March 23, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-6296 Filed 4-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-23866; Airspace Docket No. 06-ASO-3] RIN 2120-AA66 Establishment of Class D and E Airspace, Amendment of Class E Airspace; Leesburg, FL AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on August 1, 2006 (71 FR 43354), Docket No. FAA-2006-23866, Airspace Docket No. 06-ASO-3. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state “* * * September 1, 2006, and effective September 15, 2006 * * *” instead of “* * * September 1, 2005, and effective September 16, 2005”. This technical amendment corrects those errors. EFFECTIVE DATE: 0901 UTC, April 5, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; *telephone:*

(202)267-8783. SUPPLEMENTARY INFORMATION: History On August 1, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2006-23866, Airspace Docket No. 06-ASO-3, that amended Title 14 Code of Federal Regulations part 71 by establishing Class D and E Airspace, and amending Class E Airspace; Leesburg, FL (71 FR 43354). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. In addition, the corresponding dates that refer to the Order are incorrect. Instead of “* * * September 1, 2005, and effective September 16, 2005”, the dates should read “* * * September 1, 2006, and effective September 15, 2006 * * *” Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Docket No. FAA-2006-23866, Airspace Docket No. 06-ASO-3, as published in the **Federal Register** on August 1, 2006 (71 FR 43354), is corrected as follows: On page 43354, column 2, lines 19 and 20, and column 3, lines 18, 20 and 21, amend the language to read: § 71.1 [Amended] “* * * FAA Order 7400.9P” instead of “FAA Order 7400.9N * * *” “* * * September 1, 2006, and effective September 15, 2006 * * *” instead of “* * * September 1, 2005, and effective September 16, 2005 * * *” Issued in Washington, DC, March 23, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-6298 Filed 4-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-24467; Airspace Docket No. 06-ANM-2] RIN 2120-AA66 Revision of Class E Airspace; Eagle, CO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on August 11, 2006 (71 FR 46077), Docket No. FAA-2006-24467, Airspace Docket No. 06-ANM-2. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state “ * * * September 1, 2006, and effective September 15, 2006 * * *” instead of “ * * * September 1, 2005, and effective September 15, 2005”. This technical amendment corrects those errors. EFFECTIVE DATE: 0901 UTC, April 5, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; * telephone:*

(202)267-8783. SUPPLEMENTARY INFORMATION: History On August 11, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2006-24467, Airspace Docket No. 06-ANM-2, that amended Title 14 Code of Federal Regulations part 71 by revising Class E Airspace; Eagle, CO (71 FR 46077). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. In addition, the corresponding dates that refer to the Order are incorrect. Instead of “* * * September 1, 2005, and effective September 15, 2005”, the dates should read “ * * * September 1, 2006, and effective September 15, 2006”. Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Docket No. FAA-2006-24467, Airspace Docket No. 06-ANM-2, as published in the **Federal Register** on August 11, 2006 (71 FR 46077), is corrected as follows: On page 46078, column 1, lines 39, 40, and 41, and column 2, lines 34, 36, and 37, amend the language to read: § 71.1 [Amended] “ * * * FAA Order 7400.9P ” instead of “FAA Order 7400.9N * * * ” “ * * * September 1, 2006, and effective September 15, 2006 * * * ” instead of “ September 1, 2005, and effective September 15, 2005 * * * ” Issued in Washington, DC, March 23, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-6297 Filed 4-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25252; Airspace Docket No. 06-AWP-12] RIN 2120-AA66 Revocation of Class E2 Surface Area; Elko, NV AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on July 18, 2006 (71 FR 40653), Docket No. FAA-2006-25252, Airspace Docket No. 06-AWP-12. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state “ * * * September 1, 2006, and effective September 15, 2006 * * * ” instead of “ * * * September 1, 2005, and effective September 16, 2005* * * ”. This technical amendment corrects those errors. EFFECTIVE DATE: 0901 UTC, April 5, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; *telephone:*

(202)267-8783. SUPPLEMENTARY INFORMATION: History On July 18, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2006-25252, Airspace Docket No. 06-AWP-12, that amended Title 14 Code of Federal Regulations part 71 by revoking Class E2 Surface Area; Elko, NV (71 FR 40653). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. In addition, the corresponding dates that refer to the Order are incorrect. Instead of “* * * September 1, 2005, and effective September 16, 2005 * * * ”, the dates should read “September 1, 2006, and effective September 15, 2006 * * *”. Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Docket No. FAA-2006-25252, Airspace Docket No. 06-AWP-12, as published in the **Federal Register** on July 18, 2006 (71 FR 40653), is corrected as follows: On page 40653, column 3, (from the bottom, counting up) lines 18, and 19, and on page 40654, column 2, (from the bottom, counting up) lines 11, 12 and 14, amend the language to read: § 71.1 [Amended] “ * * * FAA Order 7400.9P” instead of “FAA Order 7400.9N * * * ” “ * * * September 1, 2006, and effective September 15, 2006 * * * ” instead of “ * * * September 1, 2005, and effective September 16, 2005 * * * ” Issued in Washington, DC, March 23, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-6295 Filed 4-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-24858; Airspace Docket No. 06-ASO-8] RIN 2120-AA66 Establishment of Class E Airspace; Mooresville, NC AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on August 1, 2006 (71 FR 43355), Docket No. FAA-2006-24858, Airspace Docket No. 06-ASO-8. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. Also, the corresponding dates that refer to the Order should state “* * * September 1, 2006, and effective September 15, 2006 * * *” instead of “* * * September 1, 2005, and effective September 16, 2005”. This technical amendment corrects those errors. EFFECTIVE DATE: 0901 UTC, April 5, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; *telephone:*

(202)267-8783. SUPPLEMENTARY INFORMATION: History On August 1, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2006-24858, Airspace Docket No. 06-ASO-8, that amended Title 14 Code of Federal Regulations part 71 by establishing Class E Airspace; Mooresville, NC (71 FR 43355). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9N. The correct reference is FAA Order 7400.9P. In addition, the corresponding dates that refer to the Order are incorrect. Instead of “* * * September 1, 2005, and effective September 16, 2005”, the dates should read “* * * September 1, 2006, and effective September 15, 2006 * * *”. Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Docket No. FAA-2006-24858, Airspace Docket No. 06-ASO-8, as published in the **Federal Register** on August 1, 2006 (71 FR 43355), is corrected as follows: On page 43356, column 1, lines 19, and 20, and column 2, lines 17, 19 and 20, amend the language to read: § 71.1 [Amended] “* * * FAA Order 7400.9P” instead of “FAA Order 7400.9N * * *”. “* * * September 1, 2006, and effective September 15, 2006 * * *” instead of “* * * September 1, 2005, and effective September 16, 2005 * * *”. Issued in Washington, DC, March 23, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-6300 Filed 4-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-24234; Airspace Docket No. 06-AWP-5] RIN 2120-AA66 Amendment to Class E Airspace; Provo, UT AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; technical amendment. SUMMARY: This technical amendment corrects a final rule published in the **Federal Register** on August 1, 2006 (71 FR 43355), Docket No. FAA-2006-24234, Airspace Docket No. 06-AWP-5. In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9O. The correct reference is FAA Order 7400.9P. This technical amendment corrects those errors. EFFECTIVE DATE: 0901 UTC, April 5, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Tameka Bentley, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; *telephone:*

(202)267-8783. SUPPLEMENTARY INFORMATION: History On August 1, 2006, a final rule was published in the **Federal Register** , Docket No. FAA-2006-24234, Airspace Docket No. 06-AWP-5 that amended Title 14 Code of Federal Regulations part 71 by amending Class E Airspace; Provo, UT (71 FR 43355). In that rule, the reference to FAA Order 7400.9 was published as FAA Order 7400.9O. The correct reference is FAA Order 7400.9P. Amendment to Final Rule Accordingly, pursuant to the authority delegated to me, the reference to FAA Order 7400.9 for Airspace Docket No. FAA-2006-24234, Airspace Docket No. 06-AWP-5, as published in the **Federal Register** on August 1, 2006 (71 FR 43355), is corrected as follows: On page 43355, column 1, (from the bottom, counting up) line 6, and column 2, (from the bottom, counting up) line 3, amend the language to read: § 71.1 [Amended] “FAA Order 7400.9P” instead of “FAA Order 7400.9O”. Issued in Washington, DC, March 23, 2007. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E7-6301 Filed 4-4-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 91 RIN No. 2120-AJ03 [Docket No. FAA-2007-27602; SFAR 107] Prohibition Against Certain Flights Within the Territory and Airspace of Somalia AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action prohibits flight operations below flight level 200 within the territory and airspace of Somalia by all:

(1)U.S. air carriers;

(2)U.S. commercial operators;

(3)operators of U.S. registered aircraft except when such operators are foreign air carriers; and

(4)persons exercising the privileges of a U.S. airman certificate except if the flight is on behalf of a foreign air carrier. The FAA finds this action necessary to prevent a potential hazard to persons and aircraft engaged in such flight operations. EFFECTIVE DATE: This action is effective March 30, 2007, shall remain in effect until further notice. FOR FURTHER INFORMATION CONTACT: David Catey, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. *Telephone:*

(202)267-3732 or 267-8166. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. The FAA is responsible for the safety of flight in the United States and for the safety of U.S.-registered aircraft and U.S. operators throughout the world. Additionally, the FAA is responsible for issuing rules affecting the safety of air commerce and national security. Title 49 United States Code (U.S.C.) Section 40101(d)(1) provides that the Administrator shall consider the following, among others, as being in the public interest: assigning, maintaining, and enhancing safety and security as the highest priorities in air commerce. Title 49 U.S.C. Section 44701(a)(5) provides the FAA with broad authority to prescribe regulations governing the practices, methods, and procedures the Administrator finds necessary for safety in air commerce and national security. Background The United States has aviation safety and national security interest concerns regarding the safety of flight operations in Somalia. In addition, it has concerns for the individuals affected by this SFAR who may overfly Somalia below flight level

(FL)200 or land anywhere in Somalia except when necessary due to an inflight emergency. On 9 March, the fuselage of an IL-76 aircraft supporting the deployment of Ugandan peacekeeping forces to Somalia exploded and caught fire just above the landing gear while on final approach to Mogadishu International Airport. There is evidence to support the possibility that the aircraft may have been struck by a rocket propelled grenade

(RPG)while 2.5-3 kilometers off the coast of Somalia at approximately 120 meters in altitude. The aircraft was able to land at Mogadishu, but was heavily damaged, although no serious injuries occurred to any crew or passengers. While there have been conflicting accounts regarding the cause of the explosion or fire, we believe that the attack on the IL-76 was probably caused by an RPG. We cannot rule out the possibility that some individuals also have access to man-portable air defense systems (MANPADS) that could be used against those persons covered by this SFAR. On 23 March, an IL-76 aircraft crashed after taking off from Mogadishu airport, killing all the passengers and crew. The aircraft brought engineers and parts to the IL-76 crippled in the 9 March incident. Although the cause of the crash is under investigation, there is a possibility the IL-76 was downed by a MANPADS missile or RPG. These incidents occurred days after unknown individuals mortared the airport at Mogadishu, causing minimal damage. Consequently, the FAA has determined that it is not safe to overfly Somali territory below FL 200. Furthermore, it is in the United States' national security interests for those covered by this SFAR not to engage in flight operations within the territory and airspace of Somalia. Prohibition Against Certain Flights Within the Territory and Airspace of Somalia On the basis of the above information, and in furtherance of my responsibilities to promote the safety of flight of civil aircraft in air commerce and to issue aviation rules in the national security interests of the United States, I have determined that action by the FAA is necessary to prevent the injury to U.S. operators or the loss of certain U.S.-registered aircraft conducting flights in the territory and airspace of Somalia below FL 200. Accordingly, I am ordering a prohibition on all flight operations within the territory and airspace of Somalia below FL 200 by all United States air carriers, U.S. commercial operators, and all persons exercising the privileges of an airman certificate issued by the FAA unless such a person is engaged in the operation of a U.S.-registered aircraft for a foreign air carrier. This prohibition also applies to the operation of U.S.-registered aircraft below FL 200 in the territory and airspace of Somalia except where the operator is a foreign air carrier. This action is necessary to prevent an undue hazard to aircraft and to protect persons and property on board those aircraft. SFAR 107 will remain in effect until further notice. Because the circumstances described herein warrant immediate action by the FAA, I find that notice and public comment under 5 U.S.C. 553(b)(3)(B) are impracticable and contrary to the public interest. Further I find that good cause exists under 5 U.S.C. 553(d) for making this rule effective immediately upon issuance. I also find that this action is fully consistent with the obligations under Title 49 U.S.C. Section 40105 to ensure that I exercise my duties consistently with the obligations of the United States under international agreements. Approval Based on Authorization Request of an Agency of the United States Government If a department or agency of the U.S. Government determines that it has a critical need to engage any person covered under paragraph 1 of SFAR 107, including a U.S. air carrier or a commercial operator in a charter for transportation of civilian or military passengers or cargo where the total capacity of the aircraft is used solely for that charter while the aircraft operates within Somalia, the U.S. Government agency may request FAA approval of the operation on behalf of the person covered under paragraph 1 of the SFAR. That request for approval must be made in writing, in the form of a letter under the signature of a senior official of that department or agency, and sent to the FAA Associate Administrator for Aviation Safety (AVS). *That request for approval must include:* 1. A written contract between the other U.S. Government agency and persons covered under paragraph 1 of SFAR 107 for specific flight operations, which includes terms and conditions detailing how the operations are to be conducted; 2. A plan approved by the U.S. Government agency describing how, in light of the need for and risk of the proposed operation, the threats to the operation will be mitigated, including the threats associated with MANPADS (FAA review of the plan does not constitute FAA acceptance or approval of the plan); and, 3. Any other information requested by the FAA. The FAA will review the request for approval submitted by the U.S. Government agency to determine whether that agency has addressed the threats to the proposed operations, including the threats associated with MANPADS. If the FAA determines that the U.S. Government agency has addressed those issues, an approval may be issued as described under the “Approval Conditions” discussion that follows. 1 FAA approval of the operation under paragraph 3 of SFAR 107 does not relieve the operator of the responsibility of ensuring compliance with all rules and regulations of other U.S. Government agencies that may apply to the operation, including, but not limited to the Transportation Security Regulations issued by the Transportation Security Administration, Department of Homeland Security. 1 The process set forth above outlines the conditions under which the FAA anticipates that approvals of flight operations into Somalia may be granted at this time. Any requests for exemption under 14 CFR part 11 will require exceptional circumstances beyond those presently contemplated by this approval process. Approval Conditions If the FAA approves the requested operation, AVS will issue an approval directly to the carrier through the use of Operations Specifications (large air carriers) or a letter of authorization (general aviation operations). AVS will send a letter to the authorizing agency that stipulates the specific conditions under which the FAA approves the air carrier or other covered persons for the requested operations in Somalia. *Specifically:* 1. Any approval will stipulate those procedures and conditions that limit to the greatest degree possible the risk to the operator while still allowing the operator to achieve its operational objectives; 2. Any approval will specify that the operation is not eligible for coverage through a premium war risk insurance policy issued by the FAA under section 44302 of chapter 443 of Title 49 of the United States Code. A request for such coverage will not be granted; and 3. If the operator already is covered by a premium war risk insurance policy issued by the FAA, 2 the applicant will be required to request the FAA to issue an endorsement to its premium war risk insurance policy that specifically excludes coverage for any operations where the flight level will be lower than FL 200 over Somalia, including a flight plan that contemplates landing or taking off from Somali territory. The operator must expressly waive any claims against the U.S. Government in the event of injury, death or loss resulting from any such operation as a condition for an approval or an exemption issued in accordance with paragraph 3 of SFAR 107. If approved by the FAA, such an endorsement to the premium war risk insurance policy must be issued and effective prior to the effective date of the approval. Additionally, the operator must notify the FAA in writing of its agreement to release the U.S. Government from all claims and liabilities, as well as its agreement to indemnify the U.S. Government with respect to any third party claims and liabilities relating to any and all events arising from or related to any such operation. 2 Coverage under FAA premium war risk insurance policies is suspended, as a condition of the premium war risk policy, if an operation is covered by non-premium war risk insurance through a contract with an agency of the U.S. Government under section 44305 of chapter 443 of Title 49 of the U.S. Code. If the operation includes the carriage of passengers, the operator must obtain signed statements from each passenger that—(1) contain a statement that the passenger knowingly accepts the risk of the operation and consents to that risk, and

(2)releases the U.S. Government from all claims and liabilities relating to any and all events arising from or related to any such operation. Regulatory Analysis This rulemaking action is taken under an emergency situation within the meaning of Section 6(a)(3)(d) of Executive Order 12866, Regulatory Planning and Review. It also is considered an emergency regulation under Paragraph 11g of the Department of Transportation

(DOT)Regulatory Policies and Procedures. It is not a significant rule within the meaning of the Executive Order and DOT's policies and procedures. No regulatory analysis or evaluation accompanies the rule. The FAA certifies that this rule will not have a substantial impact on a substantial number of small entities as defined in the Regulatory Flexibility Act of 1980, as amended. It also will have no impact on international trade and creates no unfunded mandate for any entity. Availability of This Final Rule *You can get an electronic copy using the Internet by:*

(1)Searching the Department of Transportation's electronic Docket Management System

(DMS)web page ( *http://dms.dot.gov/search* );

(2)Visiting the FAA's Regulations and Policies web page at *http://www.faa.gov/regulations_policies* ; or

(3)Accessing the Government Printing Office's web page at *http://www.gpoaccess.gov/fr/index.html.* You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling

(202)267-9680. Make sure to identify the docket number, notice number, or amendment number of this rulemaking. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996, requires the FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. Therefore, any small entity that has a question regarding this document may contact their local FAA official. Internet users can find additional information on SBREFA in the FAA's Web page at *http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.* List of Subjects in 14 CFR Part 91 Air traffic control, Aircraft, Airmen, Airports, Aviation safety, Freight, Somalia. The Amendment For the reasons set forth above, the Federal Aviation Administration amends 14 CFR part 91 as follows: PART 91—GENERAL OPERATING AND FLIGHT RULES 1. The authority citation for part 91 continues to read as follows: Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531; Articles 12 and 29 of the Convention on International Civil Aviation (61 Stat. 1180). 2. In part 91, Special Federal Aviation Regulation

(SFAR)No. 107 is added to read as follows: Special Federal Aviation Regulation No. 107—Prohibition Against Certain Flights Within the Territory and Airspace of Somalia 1. *Applicability.* This rule applies to the following persons:

(a)All U.S. air carriers or commercial operators;

(b)All persons exercising the privileges of an airman certificate issued by the FAA except such persons operating U.S.-registered aircraft for a foreign air carrier; and

(c)All operators of aircraft registered in the United States except where the operator of such aircraft is a foreign air carrier. 2. *Flight prohibition.* Except as provided below, or in paragraphs 3 and 4 of this SFAR, no person described in paragraph 1 may conduct flight operations within the territory and airspace of Somalia below flight level

(FL)200.

(a)Overflights of Somalia may be conducted above FL 200 subject to the approval of, and in accordance with the conditions established by, the appropriate authorities of Somalia.

(b)Flights departing from countries adjacent to Somalia whose climb performance will not permit operation above FL 200 prior to entering Somali airspace may operate at altitudes below FL 200 within Somalia to the extent necessary to permit a climb above FL 200, subject to the approval of, and in accordance with the conditions established by, the appropriate authorities of Somalia. 3. *Permitted operations.* This SFAR does not prohibit persons described in section 1 from conducting flight operations within the territory and airspace below FL 200 of Somalia when such operations are authorized either by another agency of the United States Government with the approval of the FAA or by an exemption issued by the Administrator. 4. *Emergency situations.* In an emergency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this SFAR to the extent required by that emergency. Except for U.S. air carriers and commercial operators that are subject to the requirements of Title 14 CFR parts 119, 121, or 135, each person who deviates from this rule must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight Standards District Office a complete report of the operations of the aircraft involved in the deviation, including a description of the deviation and the reasons for it. 5. *Expiration.* This Special Federal Aviation Regulation will remain in effect until further notice. Issued in Washington, DC on March 30, 2007. Robert A. Sturgell, Deputy Administrator. [FR Doc. 07-1709 Filed 4-3-07; 8:45 am]

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U.S. Code