Unknown. Final special conditions; request for comments

11,011 words·~50 min read·/register/2007/04/23/07-1953

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-2007-04-23.xml --- 72 77 Monday, April 23, 2007 Contents Agriculture Agriculture Department See Forest Service Alcohol Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 20176-20178 E7-7697 Army Army Department NOTICES Meetings; Sunshine Act, 20108-20109 07-2023 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-7648 20128-20131 E7-7650 E7-7651 Coast Guard Coast Guard RULES Drawbridge operations:

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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 77 Monday, April 23, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. NM376; Special Conditions No. 25-352-SC] Special Conditions: McDonnell Douglas Models DC-10-10, 10-15, 10-30, 10-30F, 10-40, and 10-40F Airplanes;

High-Intensity Radiated Fields

(HIRF)AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: The FAA issues these special conditions for McDonnell Douglas Models DC-10-10, 10-15, 10-30, 10-30F, 10-40, and 10-40F airplanes modified by Canard Aerospace Corporation. These modified airplanes will have novel or unusual design features when compared with the state of technology envisioned in the airworthiness standards for transport category airplanes. The modification consists of installing electronic flight and engine instrument systems. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for protecting these systems from effects of high-intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is April 16, 2007. We must receive your comments on or before May 23, 2007. ADDRESSES: You may mail or deliver comments on these special conditions in duplicate to: Federal Aviation Administration, Transport Airplane Directorate, Attention: Rules Docket (ANM-113), Docket No. NM376, 1601 Lind Avenue SW., Renton, Washington 98057-3356. You must mark your comments Docket No. NM376. FOR FURTHER INFORMATION CONTACT: Greg Dunn, FAA, Airplane and Flight Crew Interface Branch, ANM-111, Transport Airplane Directorate, Aircraft Certification Service, 1601 Lind Avenue SW, Renton, Washington 98057-3356; telephone

(425)227-2799; facsimile

(425)227-1320. SUPPLEMENTARY INFORMATION: Comments Invited The FAA has determined that notice and opportunity for prior public comment for these special conditions is impracticable because these procedures would significantly delay certification and delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. We therefore find that good cause exists for making these special conditions effective upon issuance. However, we invite interested persons to take part in this rulemaking by submitting written comments. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data. We ask that you send us two copies of written comments. We will file in the docket all comments we receive, as well as a report summarizing each substantive public contact with FAA personnel about these special conditions. You may inspect the docket before and after the comment closing date. If you wish to review the docket in person, go to the address in the ADDRESSES section of this preamble between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. We will consider all comments we receive on or before the closing date for comments. We will consider comments filed late if it is possible to do so without incurring expense or delay. We may change these special conditions based on the comments we receive. If you want the FAA to acknowledge receipt of your comments on these special conditions, include with your comments a pre-addressed, stamped postcard on which the docket number appears. We will stamp the date on the postcard and mail it back to you. Background On October 24, 2006, Canard Aerospace Corporation, 250 South Fuller Street, Shakopee, Minnesota, 55379, applied for a supplemental type certificate

(STC)to modify McDonnell Douglas Models DC-10-10, 10-15, 10-30, 10-30F, 10-40, and 10-40F airplanes. The McDonnell Douglas Model DC-10 airplanes are powered by three turbofan engines, with maximum takeoff weights of up to 590,000 pounds. These airplanes operate with a 2-pilot crew and can seat up to 380 passengers. The modification consists of installing electronic flight and engine instrument systems. These systems have a potential to be vulnerable to high-intensity radiated fields

(HIRF)external to the airplane. Type Certification Basis Under provisions of 14 CFR 21.101, Canard Aerospace Corporation must show that the McDonnell Douglas Models DC-10-10, 10-15, 10-30, 10-30F, 10-40, and 10-40F airplanes, as changed, continue to meet the applicable provisions of the regulations incorporated by reference in Type Certificate No. A22WE or the applicable regulations in effect on the date of application for the change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The specific regulations are 14 CFR part 25, as amended by Amendments 25-1 through 25-22. In addition, the certification basis includes certain special conditions and exemptions that are not relevant to these special conditions. If the Administrator finds that the applicable airworthiness regulations (part 25, as amended) do not contain adequate or appropriate safety standards for the McDonnell Douglas Model DC-10 airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. In addition to the applicable airworthiness regulations and special conditions, the McDonnell Douglas Model DC-10 airplanes must comply with the fuel vent and exhaust emission requirements of 14 CFR part 34 and the noise certification requirements of 14 CFR part 36. The FAA issues special conditions, as defined in § 11.19, under § 11.38, and they become part of the type certification basis under the provisions of § 21.101. Novel or Unusual Design Features As noted earlier, the McDonnell Douglas Model DC-10 airplanes modified by Canard Aerospace will incorporate the Astronautics Electronic Flight Information System

(EFIS)that will perform critical functions. This system may be vulnerable to high-intensity radiated fields external to the airplane. Current airworthiness standards of part 25 do not contain adequate or appropriate safety standards for protecting this equipment from adverse effects of HIRF. So this system is considered to be a novel or unusual design feature. Discussion As previously stated, there is no specific regulation that addresses protection for electrical and electronic systems from HIRF. Increased power levels from radio frequency transmitters and the growing use of sensitive avionics/electronics and electrical systems to command and control airplanes have made it necessary to provide adequate protection. To ensure that a level of safety is achieved equivalent to that intended by the regulations incorporated by reference, special conditions are needed for the McDonnell Douglas Model DC-10 airplanes modified by Canard Aerospace Corporation. These special conditions require that new avionics/electronics and electrical systems that perform critical functions be designed and installed to preclude component damage and interruption of function because of HIRF. High-Intensity Radiated Fields

(HIRF)High-power radio frequency transmitters for radio, radar, television, and satellite communications can adversely affect operation of airplane electric and electronic systems. Therefore, the immunity of critical avionics/electronics and electrical systems to HIRF must be established. Based on surveys and an analysis of existing HIRF emitters, an adequate level of protection exists when airplane system immunity is demonstrated when exposed to the HIRF environments in either paragraph 1 OR 2 below: 1. A minimum environment of 100 volts rms (root-mean-square) per meter electric field strength from 10 KHz to 18 GHz. a. System elements and their associated wiring harnesses must be exposed to the environment without benefit of airframe shielding. b. Demonstration of this level of protection is established through system tests and analysis. 2. An environment external to the airframe of the field strengths shown in the table below for the frequency ranges indicated. Immunity to both peak and average field strength components from the table must be demonstrated. Frequency Field strength (volts per meter) Peak Average 10 kHz-100 kHz 50 50 100 kHz-500 kHz 50 50 500 kHz-2 MHz 50 50 2 MHz-30 MHz 100 100 30 MHz-70 MHz 50 50 70 MHz-100 MHz 50 50 100 MHz-200 MHz 100 100 200 MHz-400 MHz 100 100 400 MHz-700 MHz 700 50 700 MHz-1 GHz 700 100 1 GHz-2 GHz 2000 200 2 GHz-4 GHz 3000 200 4 GHz-6 GHz 3000 200 6 GHz-8 GHz 1000 200 8 GHz-12 GHz 3000 300 12 GHz-18 GHz 2000 200 18 GHz-40 GHz 600 200 The field strengths are expressed in terms of peak of the root-mean-square

(rms)over the complete modulation period. The environment levels identified above are the result of an FAA review of existing studies on the subject of HIRF and of the work of the Electromagnetic Effects Harmonization Working Group of the Aviation Rulemaking Advisory Committee. Applicability These special conditions are applicable to McDonnell Douglas Model DC-10 airplanes modified by Canard Aerospace Corporation. Should Canard Aerospace apply at a later date for a supplemental type certificate to modify any other model included on Type Certificate No. A22WE to incorporate the same or similar novel or unusual design feature, these special conditions would apply to that model as well under provisions of § 21.101. Conclusion This action affects only certain novel or unusual design features on McDonnell Douglas Model DC-10 airplanes modified by Canard Aerospace Corporation. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. The Special Conditions Therefore, under the authority delegated to me by the Administrator, the following special conditions are issued as part of the supplemental type certification basis for the McDonnell Douglas Models DC-10-10, 10-15, 10-30, 10-30F, 10-40, and 10-40F airplanes modified by Canard Aerospace Corporation. 1. *Protection from Unwanted Effects of High-Intensity Radiated Fields (HIRF)* . Each electrical and electronic system that performs critical functions must be designed and installed to ensure that the operation and operational capability of these systems to perform critical functions are not adversely affected when the airplane is exposed to high-intensity radiated fields. 2. For the purpose of these special conditions, the following definition applies: *Critical Functions:* Functions whose failure would contribute to or cause a failure condition that would prevent continued safe flight and landing of the airplane. Issued in Renton, Washington, on April 16, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-7699 Filed 4-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27866; Directorate Identifier 2007-NM-055-AD; Amendment 39-15027; AD 2007-08-09] RIN 2120-AA64 Airworthiness Directives; Short Brothers Model SD3-60 SHERPA, SD3-SHERPA, SD3-30, and SD3-60 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: An analysis of the cable operated control system installed on the SD3 aircraft types that use MS 21260 type end fittings has identified a number of potentially unsafe conditions due to a combination of failures * * *. The failure of certain control cables could result in the loss of certain critical systems. For example, the loss of the low pressure

(LP)fuel control cable in combination with a single failure of a fuel condition control cable on the same engine can cause the loss of the capability to shut down the engine in the event of an engine fire. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective May 8, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of May 8, 2007. We must receive comments on this AD by May 23, 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: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1175; 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 European Aviation Safety Agency (EASA), which is the technical agent for the Member States of the European Community, has issued EASA Emergency Airworthiness Directive 2007-0039-E, dated February 16, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Following the identification of a failed propeller RPM (revolutions per minute) cable end fitting and an LP (low pressure) fuel lever cable end fitting on an SD3 aircraft, several subsequent occurrences of control cable end fittings (type MS21260) with signs of pitting corrosion or cracking have been reported to Bombardier Shorts. All reported instances being identified during ground maintenance inspections on the SD3 fleet. Bombardier Shorts have performed examinations on the failed cable end fittings and established the root cause of failure as stress corrosion cracking of the SAE-AISI 303 stainless steel material they are manufactured from, initiated by pitting corrosion on the surface. The root cause of the stress corrosion is sustained tensile stress in a corrosive (warm, humid and salty) atmosphere. An analysis of the cable operated control systems installed on the SD3 aircraft types that use MS 21260 type end fittings has identified a number of potentially unsafe conditions due to a combination of failures that may result from this common mode cause. The failure of certain control cables could result in the loss of certain critical systems. For example, the loss of the LP fuel control cable in combination with a single failure of a fuel condition control cable on the same engine can cause the loss of the capability to shut down the engine in the event of an engine fire. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Shorts has issued the following service bulletins. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. • Shorts Alert Service Bulletin SD3 Sherpa-76-A02, Revision 1, dated January 24, 2007. • Shorts Alert Service Bulletin SD330-76-A09, Revision 1, dated January 24, 2007. • Shorts Alert Service Bulletin SD360 Sherpa-76-A03, Revision 1, dated January 24, 2007. • Shorts Alert Service Bulletin SD360-76-A12, Revision 1, dated January 24, 2007. 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 of the number of control cable assemblies that were deemed not to be airworthy when evaluated against specific inspection criteria. 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-2007-27866; Directorate Identifier 2007-NM-055-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: **2007-08-09 Short Brothers PLC:** Amendment 39-15027. Docket No. FAA-2007-27866; Directorate Identifier 2007-NM-055-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective May 8, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to all Shorts Model SD3-60 SHERPA, SD3-SHERPA, SD3-30, and SD3-60 airplanes, certificated in any category. Subject

(d)Engine controls. Reason

(e)The mandatory continued airworthiness information

(MCAI)states: Following the identification of a failed propeller RPM (revolutions per minute) cable end fitting and an LP (low pressure) fuel lever cable end fitting on an SD3 aircraft, several subsequent occurrences of control cable end fittings (type MS21260) with signs of pitting corrosion or cracking have been reported to Bombardier Shorts. All reported instances being identified during ground maintenance inspections on the SD3 fleet. Bombardier Shorts have performed examinations on the failed cable end fittings and established the root cause of failure as stress corrosion cracking of the SAE-AISI 303 stainless steel material they are manufactured from, initiated by pitting corrosion on the surface. The root cause of the stress corrosion is sustained tensile stress in a corrosive (warm, humid and salty) atmosphere. An analysis of the cable operated control systems installed on the SD3 aircraft types that use MS 21260 type end fittings has identified a number of potentially unsafe conditions due to a combination of failures that may result from this common mode cause. The failure of certain control cables could result in the loss of certain critical systems. For example, the loss of the low pressure

(f)Unless already done, do the following actions.

(1)Within 30 days after the effective date of this AD, inspect the affected cable assembly end fittings in accordance with the applicable service bulletin specified in Table 1 of this AD.

(2)If no pitting/corrosion or cracking is found, within 12 months after the inspection required by paragraph (f)(1) of this AD, and thereafter at intervals not to exceed 12 months, repeat the inspection of the cable assembly end fittings in accordance with the applicable service bulletin specified in Table 1 of this AD. Replacing the cable assembly with a new cable assembly in accordance with the applicable service bulletin terminates the repetitive inspection intervals of this paragraph for the replaced cable assembly.

(3)When pitting/corrosion or cracking is found during any inspection required by this AD, before further flight, replace the affected cable assembly with a new cable assembly in accordance with the applicable service bulletin specified in Table 1 of this AD.

(4)After any replacement done in accordance with paragraph (f)(2) or (f)(3) of this AD, repeat the inspection required by paragraph (f)(1) of this AD for the replaced cable assembly at intervals not to exceed 180 months.

(5)Do the actions in paragraphs (f)(1), (f)(2), (f)(3), and (f)(4) of this AD in accordance with the Accomplishment Instructions of the applicable Shorts Alert Service Bulletin listed in Table 1 of this AD. Table 1.—Service Bulletins for Applicable Actions Shorts Alert Service Bulletin Revision level Date SD3 Sherpa-76-A02 1 January 24, 2007. SD330-76-A09 1 January 24, 2007. SD360 Sherpa-76-A03 1 January 24, 2007. SD360-76-A12 1 January 24, 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: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1175; 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 European Aviation Safety Agency

(EASA)Emergency Airworthiness Directive 2007-0039-E, dated February 16, 2007, and the Shorts service information listed in Table 2 of this AD. Table 2.—Related Information Shorts Alert Service Bulletin Revision level Date SD3 Sherpa-76-A02 1 January 24, 2007. SD330-76-A09 1 January 24, 2007. SD360 Sherpa-76-A03 1 January 24, 2007. SD360-76-A12 1 January 24, 2007. Material Incorporated by Reference

(i)You must use the service information specified in Table 3 of this AD to do the actions required by this AD, unless the AD specifies otherwise. Table 3.—Material Incorporated by Reference Shorts Alert Service Bulletin Page No. Revision level Date SD3 Sherpa-76-A02 1, 6 1 January 24, 2007. 2-5, 7-16 Original January 10, 2007. SD330-76-A09 1, 6 1 January 24, 2007. 2-5, 7-19 Original January 10, 2007. SD360 Sherpa-76-A03 1, 6 1 January 24, 2007. 2-5, 7-16 Original January 10, 2007. SD360-76-A12 1, 6 1 January 24, 2007. 2-5, 7-16 Original January 10, 2007.

(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 Short Brothers, Airworthiness & Engineering Quality, P.O. Box 241, Airport Road, Belfast BT3 9DZ, Northern Ireland.

(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 April 6, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-7118 Filed 4-20-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Parts 204 and 399 [Docket No. OST-2003-15759] RIN 2105-AD25 Review of Data Filed by Certificated or Commuter Air Carriers To Support Continuing Fitness Determinations Involving Citizenship Issues AGENCY: Office of the Secretary, DOT. ACTION: Final rule. SUMMARY: The Department is adopting its proposed editorial changes to its rules on Data to Support Fitness Determinations, 14 CFR part 204, and has determined to maintain its existing procedures for conducting reviews of the continuing fitness of air carriers. These actions complete this rulemaking. The Department had earlier withdrawn a proposal made in this rulemaking to modify the Department's standards for determining whether carriers remain under the actual control of U.S. citizens. EFFECTIVE DATE: The rule is effective May 23, 2007. FOR FURTHER INFORMATION CONTACT: William M. Bertram, Chief, Air Carrier Fitness Division (X-56), Office of Aviation Analysis, U.S. Department of Transportation, 400 7th Street, SW., Washington, DC 20590;

(202)366-9721. SUPPLEMENTARY INFORMATION: Introduction By statute, only citizens of the United States may obtain and hold certificate authority under 49 U.S.C. 41102 or 41103 authorizing them to provide air transportation within the United States or operate as a U.S. air carrier on international routes. The statutory citizenship requirements require that at least 75 percent of the voting interest of a U.S. air carrier be owned and controlled by U.S. citizens, that the president and two-thirds of the board of directors and managing officers be U.S. citizens, and that U.S. carriers be subject to the actual control of U.S. citizens. 49 U.S.C. 40102(a)(15). In this proceeding, we invited public comment on three matters related to our consideration of citizenship issues:

(i)We proposed technical changes to our rules governing citizenship and fitness determinations, 14 CFR part 204;

(ii)we considered whether we should modify our procedures for reviewing whether a carrier is complying with the continuing citizenship requirement; and

(iii)we proposed to modify the standards used for determining whether a carrier is actually controlled by U.S. citizens. We have withdrawn the proposal to modify our standards on actual control. 71 FR 71106 (December 8, 2006). In this final rule, we are resolving the other two matters. We are adopting the proposed technical changes to part 204, and we explain why we have decided to continue following our procedural practices in continuing fitness cases. Background We examine carrier citizenship primarily in two situations. First, when a firm applies for authority to operate as a U.S. carrier, we conduct an initial fitness review, which necessarily includes a review of the carrier's citizenship. We conduct initial fitness reviews through docketed proceedings, where a public record of the pleadings is maintained; we publish all Department decisions in the case; and we give interested persons an opportunity to comment on the application. Second, we conduct a continuing fitness review if an existing carrier undergoes a substantial change in ownership, operations, or management. We usually conduct continuing fitness investigations without a public proceeding and therefore do not create a docket containing record material, publish a final decision, or provide an opportunity for public comment. In some continuing fitness cases, we may decide to use more formal public procedures. See 71 FR 26426-26427. Rulemaking Notices We issued a Notice of Proposed Rulemaking

(NPRM)that proposed to update our interpretation of actual control and to continue using our informal procedures in most continuing fitness reviews. 70 FR 67389 (November 7, 2005). We also proposed changes to part 204 to correct minor typographical errors, update statutory references, and clarify some language. 70 FR 67395. We thereafter issued a Supplemental Notice of Proposed Rulemaking (SNPRM) to address the comments made on the NPRM, and to propose additional refinements to our proposed modification of our actual control standard. 71 FR 26425 (May 5, 2006). We again proposed to continue using our informal procedures in most continuing fitness reviews. In the NPRM and SNPRM, we stated that we had tentatively determined to continue using the same informal procedures for continuing fitness reviews that we have always used. 71 FR 26436; 70 FR 67392. We believed that significant potential harm could result if we made all substantial foreign investment cases subject to public notice and comment, and that using public proceedings in all significant cases appeared to be unnecessary for the protection of interested persons. We stated that we would have the option of beginning a public proceeding in any case if we found that doing so would be useful. 71 FR 26436. Comments The comments on the NPRM and SNPRM focused on our proposed change to our standard for defining when U.S. citizens had actual control of a U.S. carrier. None of the commenters opposed our proposed changes to part 204. While several commenters discussed the procedural issues in their responses to our NPRM, only Continental commented in any detail on our SNPRM's proposed decision to continue using informal procedures in most continuing fitness reviews. Continental asserted that the informal procedures enable us to resolve citizenship matters after negotiating only with the carrier and its foreign investors, not with other persons affected by the transaction. Continental Comments at 9. Decision on Procedures We have determined to continue following our existing procedures for continuing fitness reviews for the reasons stated in our earlier notices. We can, of course, always choose to use public procedures in any continuing fitness review, and interested persons have the right to ask us to do so. *See* 71 FR 26436. We think that our procedures give the public a significant amount of information on our decisions in fitness cases, notwithstanding Continental's assertion to the contrary, although we will be considering whether they can be improved. First, we decide all initial fitness cases in public orders that explain the basis for our decision on all significant issues. If such a case presents a significant citizenship issue, the order deciding the case will discuss why we find that the applicant is (or is not) actually controlled by U.S. citizens. Second, in continuing fitness reviews where we begin public proceedings, any final decision on the merits would be a public order that would explain the basis for that decision. When we use the more informal procedures in continuing fitness reviews, we do not publish our final decision explaining our analysis of any citizenship issues. However, we will be following the same procedures in such cases that we use in other situations where we believe that a carrier or other person may have violated our regulations or statute. Continental has presented no reason why we should treat continuing fitness reviews differently from all other enforcement investigations, which are typically done informally unless the enforcement office determines that there is a need for a formal enforcement proceeding. Nevertheless, we think it may be helpful if carriers, potential investors, and the public generally had additional information on our analyses in citizenship cases. We will consider developing procedures that would give the public more information on our decisions in citizenship matters, and we are actively exploring whether there are practicable means of doing so in appropriate cases. Airports Council International—Europe (“ACI”), bmi, and Virgin Atlantic Airways would like us to make commitments on the timetable for the completion of our review of citizenship issues in initial fitness cases. bmi Comments at 2; Virgin Atlantic Comments at 4; ACI Comments at 2. We appreciate the interest of a carrier and its investors, officers, and employees in obtaining a prompt decision from us on any application for operating authority. We intend to complete our decisions in such cases as promptly as possible and with the aim of imposing the minimum administrative burden consistent with ensuring that the standards we have set forth are met. However, we do not proceed on an initial application for operating authority until the record is complete, and the applicant has the responsibility of providing us with a complete record. 14 CFR 302.209. Citizenship, moreover, is but one of several matters that must be addressed in determining whether a carrier is fit, for we must also review the applicant's financial fitness, managerial competence, and compliance disposition. In initial fitness cases deadlines for the completion of our decision-making process are set by 49 U.S.C. 41108 and 14 CFR part 302, subpart B. Part 204 Modifications Part 204 of our rules governs the data needed for fitness determinations. We proposed minor changes to that part to correct typographical errors, clarify some language, and update references to the applicable statutory language. 71 FR 26436. In section 204.2, we are amending the definition of “citizen of the United States” to mirror the language that is now contained in 49 U.S.C. 40102(a)(15). We believe that the regulations should mirror the text of the statute as it is currently written. Finally, we are making minor changes to section 204.5 to clarify language in paragraph (a)(2); deleting a typographical error in paragraph (b); revising the address in paragraph (c); and adding a new paragraph

(d)that would replace the last sentence of paragraph (c). These amendments to part 204 should make the regulations easier to understand for carriers consulting the sections. Because we have withdrawn the proposed policy statement on our standards for determining actual control, we will not adopt the proposal to include a cross-reference to that policy statement in part 204. No commenter opposed these changes, and we find that they should be made for the reasons given in the SNPRM. Rulemaking Analyses and Notices Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures Executive Order 12866, Regulatory Planning and Review, directs the Department to assess both the costs and the benefits of a regulatory change. This rulemaking was initially considered significant under DOT Policies and Procedures and E.O. 12866 because of significant public interest in our proposal to adopt a policy statement modifying our standards for determining actual control. The NPRM and the SNPRM were reviewed by the Office of Management and Budget under Executive Order 12866. In the NPRM and SNPRM, we tentatively concluded that the benefits of our proposed rule would outweigh its costs, which would be minimal because the rule would not impose any new costs on the affected certificated and commuter air carriers. 70 FR 67389, 67395; 71 FR 26440. Commenters had an opportunity to submit comments on our tentative analysis. None of the commenters submitted comments on our tentative regulatory evaluation. We have withdrawn the proposed policy statement, 71 FR 71106 (December 8, 2006), and there is no significant public interest in the technical changes that we are adopting for part 204, which will not make any substantive changes. In this proceeding we are not changing our procedures for resolving continuing fitness issues. This final rule is not considered significant under Executive Order 12866 and was not reviewed by the Office of Management and Budget. This rule would result in little, if any cost. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, requires federal agencies, as part of each rule, to consider regulatory alternatives that minimize the impact on small entities while achieving the objectives of the rulemaking. This rule makes only editorial amendments to part 204 that do not change its substance. We certify that this action will not have a significant economic impact on a substantial number of small entities. Trade Impact Assessments The Trade Agreement Act of 1979 prohibits federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that U.S. standards be compatible. The Department has assessed the potential effect of this rule and has determined that it will have no effect on any trade-sensitive activity. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is the Department's policy to comply with International Civil Aviation Organization

(ICAO)Standards and Recommended Practices to the maximum extent practicable. The Department has determined that there are no ICAO Standards and Recommended Practices that correspond to these regulations. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1955 (the Act) is intended, among other things, to curb the practice of imposing unfunded Federal mandates on State, local, and tribal governments. Title II of the Act requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (adjusted annually for inflation) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” This rule does not contain such a mandate. The requirements of Title II of the Act, therefore, do not apply. Executive Order 13132, Federalism This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, dated August 4, 1999 (64 FR 43255). This rule does not have a substantial direct effect on, or significant federalism implications for the States, nor would it limit the policymaking discretion of the States. This rule would not directly preempt any State law or regulation, nor impose burdens on the States. This action would not have a significant effect on the States' ability to execute traditional State governmental functions. The agency has, therefore, determined that this proposal does not have sufficient federalism implications to warrant either the preparation of a federalism summary impact statement or require consultations with State and local governments. Paperwork Reduction Act The Paperwork Reduction Act of 1995

(PRA)(44 U.S.C. 3501 et seq.) requires Federal agencies to obtain approval from the Office of Management and Budget

(OMB)for each collection of information they conduct, sponsor, or require through regulation. The agency has determined that the rule would not impose any additional requirements and does not change the paperwork collection that currently exists. List of Subjects 14 CFR Part 204 Air carriers, Reporting and recordkeeping requirements. 14 CFR Part 399 Administration practice and procedure, Air carriers, Consumer protection. For the reasons stated in the preamble, the Department amends 14 CFR part 204 as set forth below: PART 204—DATA TO SUPPORT FITNESS DETERMINATIONS 1. The authority citation for part 204 continues to read as follows: Authority: 49 U.S.C. Chapters 401, 411, 417. 2. Revise § 204.1 to read as follows: § 204.1 Purpose. This part sets forth the fitness data that must be submitted by applicants for certificate authority, by applicants for authority to provide service as a commuter air carrier to an eligible place, by carriers proposing to provide essential air transportation, and by certificated air carriers and commuter air carriers proposing a substantial change in operations, ownership, or management. This part also contains the procedures and filing requirements applicable to carriers that hold dormant authority. 3. Revise § 204.2(c)(3) to read as follows: § 204.2 Definitions.

(c)*Citizen of the United States* means:

(3)A corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is under the actual control of citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States. 4. Amend § 204.5 as follows: A. Revise paragraph (a)(2) to read as set forth below; B. Amend paragraph

(b)to remove the “s” after “Carrier” in the third sentence in the reference to “Air Carrier Fitness Division”; C. Revise paragraph

(c)to read as set forth below; and D. Add a new paragraph

(d)to read as set forth below. The revisions read as follows: § 204.5 Certificated and commuter air carriers undergoing or proposing to undergo a substantial change in operations, ownership, or management.

(a)* * *

(2)The change substantially alters the factors upon which its latest fitness finding is based, even if no new authority is required.

(c)Information filings pursuant to this section made to support an application for new or amended certificate authority shall be filed with the application and addressed to Docket Operations, M-30, U.S. Department of Transportation, Washington, DC 20590, or by electronic submission at [ *http://dms.dot.gov* ].

(d)Information filed in support of a certificated or commuter air carrier's continuing fitness to operate under its existing authority in light of substantial changes in its operations, management, or ownership, including changes that may affect the air carrier's citizenship, shall be addressed to the Chief, Air Carrier Fitness Division, Office of the Secretary, U.S. Department of Transportation, Washington, DC 20590. Issued in Washington, DC, on April 16, 2007. Andrew B. Steinberg, Assistant Secretary for Aviation and International Affairs. [FR Doc. E7-7605 Filed 4-20-07; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 648 RIN 0648-AU80 [Docket No. 061016268-7080-02; I.D. 100506E] Fisheries of the Northeastern United States; Regulatory Amendment to Modify Recordkeeping and Reporting and Observer Requirements AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. SUMMARY: NMFS issues this final rule to implement measures to modify the existing reporting and recordkeeping requirements for federally permitted seafood dealers/processors, and the observer requirements for participating hagfish vessels. The New England Fishery Management Council (Council) requested that this information collection program be developed to gather additional information on the unique aspects of the hagfish fishery and its interaction with other federally managed fisheries. The information collected from fishery participants (dealers/processors and vessels) will help the Council potentially develop a Hagfish Fishery Management Plan (FMP). DATES: Effective May 23, 2007. ADDRESSES: Copies of the regulatory amendment, its Regulatory Impact Review

(RIR)and other supporting materials are available from Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this final rule may be submitted to Patricia A. Kurkul at the above address and by e-mail to *David_Rostker@omb.eop.gov* , or by fax to

(202)395-7285. FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management Specialist,

(978)281-9341. SUPPLEMENTARY INFORMATION: Background On October 3, 2006, the Council sent NMFS a request to prepare an information collection program for the Atlantic hagfish fishery under the provisions of section 402(a) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The request is based on a desire to improve upon the quality and quantity of information available on the hagfish resource and its fishery operations. The Council plans to use this information to determine whether future management measures for hagfish under an FMP are necessary. Without this information collection on hagfish, future management measures may not capture accurately the geographic and seasonal aspects of the fishery, which reflect overseas demand, and ensure that the resource may be sustained in future years. This collection of information (with changes, as appropriate) may be extended through the development and implementation of a Hagfish FMP. The Atlantic hagfish ( *Myxine glutinosa* ) fishery in New England was developed in the early 1990s, with the first reported landings of around 1 million lb (454 mt) in 1993. Korean buyers quickly recognized that a fishery in the New England area could provide the high-quality hagfish skins used in making leather, as well as hagfish meat for human consumption. Reported hagfish landings quadrupled during the first 4 years of the fishery (1993-1996), exceeding the highest reported landings in other North American hagfish fisheries (including British Columbia, Oregon, Washington, California, and Nova Scotia) by 1994. Today, the hagfish fishery relies on revenues from the export of whole frozen hagfish product overseas, primarily to South Korea, for meat consumption. The hagfish fishery prosecuted off the coast of Gloucester, MA has changed from an inshore fishery comprised of small vessels to an offshore fishery that consists of large vessels. According to reports from a workshop that was held to identify the challenges in collecting information on this fishery, the reason for this change in the way the fishery is being conducted is that the fishery has experienced localized depletion in nearshore waters, necessitating movement of fishing effort to areas not historically fished for hagfish. Dealer/processor Permitting and Reporting Requirements To meet the Council's request for information, this final rule will require that all seafood dealers who intend to purchase hagfish caught in or from the Exclusive Economic Zone

(EEZ)to be permitted under § 648.6, and to submit, on a weekly basis, an electronic dealer report containing the required trip-level information for each purchase of hagfish made from fishing vessels, as per the regulations at § 648.7. Hagfish dealers will be required to obtain an initial dealer permit upon implementation of the hagfish information collection requirements and to renew the permit annually thereafter. Reports furnished by permitted dealers will help determine the level of discards and discard mortality of hagfish returned to the sea in response to rejection by the dealer in port. In addition, the collection of dealer purchase reports will help to verify landings reported in Vessel Trip Reports

(VTRs)for those vessels that have VTR requirements, and for those that do not, the dealers will be required to report vessel identifiers. It is unlikely that additional dealers will join the fishery because the fishery is driven by a narrowly focused export market (South Korea only) that is currently in equilibrium with supply. However, this permitting and reporting requirement will also enable the identification of any new vessel and/or dealer entrants into the fishery. Dealer/processor Reports All federally permitted seafood dealers subject to this final rule will be required to complete all sections of the Annual Processed Products Report (§ 648.7). The report can be used by the Council in developing an FMP, to estimate processing capacity, and to forecast and subsequently measure the potential economic impact of fishery management regulations on fish and shellfish supplies. Employment data collected through the report can also be used to analyze the seasonality of the fishery. Observer Requirement Under the hagfish information collection program, any vessel owner/operator that fishes for, catches, or lands hagfish, or intends to fish for, catch, or land hagfish in or from the EEZ will be required to carry an observer when requested by the Regional Administrator in accordance with § 648.11. Consistent with current observer regulations, hagfish vessel owners/operators will be required to call to arrange deployment of NMFS-approved observers on their vessels and to ensure adequate space for the observer aboard their vessels, once requested to carry an observer by the Regional Administrator. Although the vessels must call to arrange deployment of observers, hagfish vessels will not be required to pay for the observers; funding of observer coverage for this fishery will be provided by NMFS. These requests will be made for the purpose of monitoring fishing activities, collecting biological data, and complying with the information collection program requirements. Observers are particularly important because of the high discard rates that have been reported to occur in the hagfish fishery and because the proportion of the catch that is rejected by the dealer and later discarded at sea is not currently measured. The hagfish observer coverage objectives will focus on the collection of basic fleet information and observations of fishing behavior, including, but not limited to, the distribution of fishing effort, number of hauls per trip, area/depth fished, trip length, soak time, discard rates of hagfish or other species, gear type/configuration, and gear deployment methodology. Understanding and quantifying the likelihood of marine mammal and sea turtle entanglements that may occur in hagfish gear in the areas fished is also an important observer program objective. The configuration of hagfish gear is similar enough to lobster gear that it is believed to pose the same or similar entanglement threat to large whales; and there have been two large whale entanglements documented in the hagfish fishery: One in 1997 involving entanglement of a finback whale; and one in 2002 involving a humpback whale. Comments and Responses The deadline for comments on the proposed rule was December 1, 2006. NMFS received one comment letter that did not address the proposed rule. Classification The Administrator, Northeast Region, NMFS, determined that this regulatory amendment is necessary for the conservation and management of the hagfish fishery and that it is consistent with the Magnuson-Stevens Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification or the economic impacts of this proposed rule. As a result, a regulatory flexibility analysis was not required and none was prepared. This final rule contains a collection-of-information requirement subject to the Paperwork Reduction Act

(PRA)and which has been approved by OMB under control numbers 0648-0018, 0648-0229, and 0648-0555. The estimated public reporting burden per individual response for the new and revised collection of information requirements related to the hagfish information collection program are estimated to average: 2 minutes to request an observer (OMB #0648-0555); 4 minutes for a dealer purchase report (OMB #0648-0229); 15 minutes and 5 minutes for initial dealer permit application/renewal application (OMB #0648-0555), respectively; and 30 minutes for the Annual Processed Products Report (OMB #0648-0018). These reporting burden estimates include the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding these burden estimates or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSES ) and by e-mail to *David_Rostker@omb.eop.gov* , or fax to 202-395-7285. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB control number. List of Subjects 15 CFR Part 902 Reporting and recordkeeping requirements. 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: April 13, 2007. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 15 CFR chapter IX, part 902, and 50 CFR chapter VI, part 648, are amended as follows: PART 902—NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS 1. The authority citation for part 902 continues to read as follows: Authority: 44 U.S.C. 350 *et seq.* 2. In § 902.1, the table in paragraph

(b)under “50 CFR” is amended by revising entries for 648.6 and 648.11, in numerical order, to read as follows: § 902.1 OMB control numbers assigned pursuant to the paperwork Reduction Act CFR part or section where the information collection requirement is located Current OMB control number the information (All numbers begin with 0648-) * * * * * 50 CFR * * * * * 648.6 -0202, -0555 * * * * * 648.11 -0202, -0555 * * * * * 50 CFR Chapter VI PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In § 648.2, a new definition for “Atlantic hagfish” is added, in alphabetical order, to read as follows: § 648.2 Definitions. *Atlantic hagfish* means *Myxine glutinosa.* 3. In § 648.6, paragraph (a)(1) is revised to read as follows: § 648.6 Dealer/processor permits.

(a)* * *

(1)All dealers of NE multispecies, monkfish, skates, Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, spiny dogfish, summer flounder, Atlantic surf clam, ocean quahog, Atlantic mackerel, squid, butterfish, scup, bluefish, tilefish, and black sea bass; Atlantic surf clam and ocean quahog processors; Atlantic hagfish dealers and/or processors, and Atlantic herring processors or dealers, as described in § 648.2; must have been issued under this section, and have in their possession, a valid permit or permits for these species. 4. In § 648.7, paragraph (a)(3)(iv) is added to read as follows: § 648.7 Recordkeeping and reporting requirements.

(a)* * *

(3)* * *

(iv)Atlantic hagfish processors must complete and submit all sections of the Annual Processed Products Report. 5. In § 648.11, paragraph

(a)is revised to read as follows: § 648.11 At-sea sea sampler/observer coverage.

(a)The Regional Administrator may request any vessel holding a permit for Atlantic sea scallops, NE multispecies, monkfish, skates, Atlantic mackerel, squid, butterfish, scup, black sea bass, bluefish, spiny dogfish, Atlantic herring, tilefish, or Atlantic deep-sea red crab; or a moratorium permit for summer flounder; to carry a NMFS-approved sea sampler/observer. Also, any vessel or vessel owner/operator that fishes for, catches or lands hagfish, or intends to fish for, catch, or land hagfish in or from the exclusive economic zone must carry a NMFS-approved sea sampler/observer when requested by the Regional Administrator in accordance with the requirements of this section. [FR Doc. 07-1953 Filed 4-20-07; 8:45 am]

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