Unknown. Final rule; request for comments

8,583 words·~39 min read·/register/2007/06/06/07-2810

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-2007-06-06.xml --- 72 108 Wednesday, June 6, 2007 Contents Agriculture Agriculture Department See Federal Crop Insurance Corporation NOTICES Committees; establishment, renewal, termination, etc.: Expert Review of Synthesis and Assessment Product 4.3 Advisory Committee, 31269 07-2788 Meetings: Expert Review of Synthesis and Assessment Product 4.3 Advisory Committee, 31269-31270 07-2789 Alcohol Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 31368-31369 E7-10882 Army Army Department NOTICES Personal Property Storage Program:

Non-temporary storage transportation service providers/contractors; warehouse performance bond requirement, 31299-31300 07-2807 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Meetings: National Center for Environmental Health/Agency for Toxic Substances and Disease Registry— Scientific Counselors Board, 31331 E7-10880 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Kenosha Harbor, MI, 31181-31183 E7-10906 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-10877 31270-31271 E7-10946 Consumer Consumer Product Safety Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 31296-31298 E7-10794 E7-10795 E7-10796 Defense Defense Department See Army Department See Navy Department NOTICES Meetings:

National Security Education Board, 31298-31299 07-2803 Reserve Forces Policy Board, 31299 07-2804 Education Education Department NOTICES Meetings: High-quality English language proficiency standards and assessments; framework for developing, 31300-31302 E7-10919 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Mount Vernon Mills, Inc., et al., 31344 E7-10852 Wehadkee Yarn Mills et al., 31344-31346 E7-10851 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Ultra-Deepwater Advisory Committee, 31302 E7-10912 Unconventional Resources Technology Advisory Committee, 31302-31303 E7-10910 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Arizona and California, 31183-31185 E7-10857 Solid wastes: Hazardous waste; identification and listing— Exclusions, 31185-31190 E7-10854 PROPOSED RULES Air quality implementation plans: Preparation, adoption, and submittal— Increment modeling procedures refinement; prevention of significant deterioration new source review, 31372-31399 E7-10459 Hazardous waste program authorizations:

Ohio, 31237-31244 E7-10856 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Captan, etc., 31221-31237 E7-10863 Food packaging treated with pesticides, 31220-31221 E7-10693 NOTICES Meetings: Comparison of alternative asbestos control method and NESHAP method for demolition of asbestos-containing buildings; external peer review panel meeting, 31322-31323 E7-10888 Human Studies Review Board, 31323-31325 E7-10859 Reports and guidance documents; availability, etc.:

Pesticides— Antimicrobial pesticide products with anthrax-related claims; registrant guidance, 31325-31326 E7-10694 Executive Executive Office of the President See Science and Technology Policy Office FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 31171-31174 E7-10754 General Electric Co., 31174-31176 E7-10745 PROPOSED RULES Airworthiness directives: Airbus, 31209-31211 E7-10865 Boeing, 31202-31204 E7-10878 Gulfstream, 31204-31206 E7-10869 McDonnell Douglas, 31206-31209 E7-10864 Restricted areas, 31211-31216 07-2734 NOTICES Exemption petitions; summary and disposition, 31364 07-2822 FCC Federal Communications Commission RULES Radio frequency devices:

Cognitive radio technologies and software defined radios, 31190-31192 07-2684 Radio services, special: Maritime services— VHF Public Coast and Automated Maritime Telecommunications System station licensees; additional operational flexibility to provide service to land units, 31192-31194 E7-10724 PROPOSED RULES Television broadcasting: Advanced television

(ATV)systems— Digital television broadcast signals; carriage rights for local commercial television stations and noncommercial educational television stations, 31244-31250 E7-10962 NOTICES Agency information collection activities; proposals, submissions, and approvals, 31327-31329 E7-10897 E7-10971 Rulemaking proceedings; petitions filed, granted, denied, etc., 31329 E7-10720 E7-10900 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Crop insurance regulations: Coverage enhancement option insurance provisions, 31199-31202 E7-10825 Cultivated wild rice crop insurance provisions, 31196-31199 E7-10824 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Natural gas companies (Natural Gas Act and Energy Policy Act): Transparency provisions; extension of comment period, 31217 E7-10803 NOTICES Agency information collection activities; proposals, submissions, and approvals, 31303-31305 E7-10811 E7-10812 Complaints filed: Bonneville Power Administration, 31311-31312 E7-10834 Electric rate and corporate regulation combined filings, 31312-31314 E7-10819 E7-10820 Environmental statements; availability, etc.: Duke Energy Carolinas, LLC, 31315 E7-10810 Finavera Renewables Ocean Energy, Ltd., 31315 E7-10833 Hydroelectric applications, 31315-31321 E7-10808 E7-10809 E7-10837 Off-the-record communications, 31321-31322 E7-10813 *Applications, hearings, determinations, etc.:* Dillon Wind, LLC, 31305 E7-10816 Dominion Transmission, Inc., 31305-31306 E7-10805 Enterprise Alabama Intrastate, LLC, 31306 E7-10839 EPIC Merchant Energy CA, LLC, 31306-31307 E7-10815 High Island Offshore System L.L.C., 31307 E7-10843 Liberty Gas Storage, LLC, 31307 E7-10838 Midwest Independent Transmission System Operator, Inc., 31307-31308 E7-10845 North American Electric Reliability Corp., 31308 E7-10832 E7-10841 PJM Interconnection, L.L.C., 31308 E7-10835 Questar Southern Trails Pipeline Co., 31309 E7-10844 Rockies Express Pipeline LLC, 31309 E7-10836 Southern Company Services, Inc., 31309-31310 E7-10842 Southern Natural Gas Co., 31310-31311 E7-10814 Tennessee Gas Pipeline Co., 31311 E7-10840 Trans Bay Cable LLD, 31311 E7-10817 FMC Federal Maritime Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 31330 E7-10898 Agreements filed, etc., 31330-31331 E7-10896 Ocean transportation intermediary licenses: CNF International, Inc., et al., 31331 E7-10899 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Bliss Rapids snail, 31250-31256 07-2812 Utah (desert) valvata snail, 31264-31268 E7-10885 Yellow-billed loon, 31256-31264 E7-10823 Migratory bird permits: Falconry and raptor propagation regulations; final environmental assessment availability, 31268 E7-10909 NOTICES Environmental statements; availability, etc.: Incidental take permits— San Bernardino County, CA; San Bernardino kangaroo rat, 31338-31339 E7-10881 Environmental statements; record of decision: Grand Teton National Park, WY; bison and elk management plan, 31339-31340 07-2773 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Spectinomycin sulfate, 31177-31178 E7-10801 NOTICES Human drugs: Patent extension; regulatory review period determinations— RAPLON, 31331-31332 E7-10853 Meetings: Endocrinologic and Metabolic Drugs Advisory Committee et al., 31332-31333 E7-10850 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 31337-31338 E7-10828 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— Various countries, 31271-31278 E7-10913 Helical spring lock washers from— China, 31278-31279 E7-10904 Polyester staple fiber from— Korea, 31279-31283 E7-10907 Taiwan, 31283-31287 E7-10914 Countervailing duties: Stainless steel bar from— Italy, 31288-31289 E7-10908 *Applications, hearings, determinations, etc.:* University of— Minnesota et al., 31287-31288 E7-10905 International International Trade Commission NOTICES Import investigations: Lemon juice from— Argentina and Mexico, 31342-31343 E7-10846 Justice Justice Department See Prisons Bureau PROPOSED RULES Death sentences in Federal cases; implementation: State capital counsel systems; certification process, 31217-31220 E7-10892 Labor Labor Department See Employment and Training Administration See Labor Statistics Bureau See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 31343-31344 E7-10789 MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 31347 E7-10893 Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Powder River and Billings Resource Management Plans, MT; supplemental air quality analysis information, 31340 E7-10891 Realty actions; sales, leases, etc.: Arizona, 31340-31342 E7-10890 Mine Mine Safety and Health Administration NOTICES Meetings: Utilization of Belt Air and Composition and Fire Retardant Properties of Belt Materials in Underground Coal Mining; Technical Study Panel, 31347-31348 07-2811 National Archives National Archives and Records Administration NOTICES Privacy Act; systems of records, 31348-31351 E7-10849 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 31351 E7-10829 NIH National Institutes of Health NOTICES Meetings: National Center for Research Resources, 07-2794 31333-31334 07-2795 National Heart, Lung, and Blood Institute, 31334 07-2797 National Institute of Allergy and Infectious Diseases, 31335 07-2793 National Institute of Dental and Craniofacial Research, 31335 07-2791 National Institute of Diabetes and Digestive and Kidney Diseases, 31334-31335 07-2790 National Institute on Alcohol Abuse and Alcoholism, 31335-31336 07-2796 07-2798 Scientific Review Center, 31336-31337 07-2792 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Yellowtail flounder, 31194-31195 07-2813 NOTICES Agency information collection activities; proposals, submissions, and approvals, 31289-31291 E7-10870 E7-10875 E7-10876 Exempted fishing permit applications, determinations, etc., 31291-31292 E7-10765 Meetings: Climate Change Science Program Product Development Committee, 31292-31293 07-2801 Western Pacific Fishery Management Council, 31293-31296 E7-10830 National Science National Science Foundation NOTICES Environmental statements; availability, etc.: Eastern Tropical Pacific Ocean; marine geophysical surveys, 31351-31353 07-2809 Navy Navy Department NOTICES Meetings: Ocean Research and Resources Advisory Panel, 31300 E7-10862 Nuclear Nuclear Regulatory Commission RULES Fee schedules revision; 90% fee recovery (2007 FY), 31402-31435 E7-10468 NOTICES Meetings: Nuclear Waste and Materials Advisory Committee, 31353-31354 E7-10858 E7-10861 Prisons Prisons Bureau RULES Inmate control, custody, care, etc.: Non-inmates; searching and detaining or arresting, 31178-31181 E7-10925 NOTICES Inmate control, custody, care, etc: Federal inmates; average cost of incarceration; annual determination, 31343 E7-10922 Science Science and Technology Policy Office NOTICES Meetings: President's Council of Advisors on Science and Technology, 31326-31327 E7-10822 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 31354-31355 E7-10847 E7-10848 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 31355-31357 E7-10871 Chicago Board Options Exchange, Inc., 31357-31358 E7-10790 International Securities Exchange, LLC, 31358-31361 E7-10873 E7-10874 NASDAQ Stock Market LLC, 31361-31363 E7-10791 Philadelphia Stock Exchange, Inc., 31363-31364 E7-10872 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Substance Abuse Prevention Center National Advisory Council, 31337 E7-10879 Substance Abuse Treatment Center National Advisory Council, 31337 E7-10867 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Norfolk Southern Railway Co., 31365 E7-10773 Norfolk Southern Railway Co. et al., 31365-31366 E7-10883 Railroad services abandonment: Northern Lines Railway, LCC, 31366 E7-10772 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board NOTICES Meetings: National Surface Transportation Infrastructure Financing Commission, 31364 E7-10901 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau RULES Merchandise, special classes: Import restrictions— Peru; archaeological and ethnological materials, 31176-31177 07-2810 NOTICES Agency information collection activities; proposals, submissions, and approvals, 31366-31368 E7-10866 U.S. Customs U.S. Customs and Border Protection RULES Merchandise, special classes: Import restrictions— Peru; archaeological and ethnological materials, 31176-31177 07-2810 Separate Parts In This Issue Part II Environmental Protection Agency, 31372-31399 E7-10459 Part III Nuclear Regulatory Commission, 31402-31435 E7-10468 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. 72 108 Wednesday, June 6, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28354; Directorate Identifier 2006-NM-245-AD; Amendment 39-15086; AD 2007-12-08] RIN 2120-AA64 Airworthiness Directives; Airbus Model A340-211, -212, -311, and -312 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is superseding an existing airworthiness directive

(AD)that applies to certain Airbus Model A340-211, -212, -311, and -312 airplanes. The existing AD currently requires an initial rotating probe inspection and initial and repetitive ultrasonic inspections for discrepancies of the first fastener hole of the horizontal flange of the keel beam on previously modified airplanes, installation of new fasteners, and corrective action if necessary. This AD retains the actions required by the existing AD and adds new rotating probe inspections and a terminating action for the repetitive inspections of the existing AD. This AD results from a report that certain inspections, done before accomplishing the modification of the lower keel beam fitting and forward lower shell connection, revealed cracking that was outside the modification limits specified in the service bulletin; the cracking was repaired by installing a titanium doubler. We are issuing this AD to prevent discrepancies of the fastener holes of the horizontal flange of the keel beam, which could result in reduced structural integrity of the fuselage. DATES: This AD becomes effective June 21, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of June 21, 2007. On October 27, 2005 (70 FR 59233, October 12, 2005), the Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A340-57-4087, including Appendix 01, dated November 21, 2003. We must receive comments on this AD by August 6, 2007. ADDRESSES: Use one of the following addresses to submit comments on this AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • *Fax:*

(202)493-2251. • *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. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2797; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion On September 28, 2005, the FAA issued AD 2005-20-27, amendment 39-14324 (70 FR 59233, October 12, 2005). That AD applies to certain Airbus Model A340-211, -212, -311, and -312 airplanes. That AD requires an initial rotating probe inspection and initial and repetitive ultrasonic inspections for discrepancies of the first fastener hole of the horizontal flange of the keel beam on previously modified airplanes, installation of new fasteners, and corrective action if necessary. That AD resulted from a report that certain inspections done before accomplishing the modification of the lower keel beam fitting and forward lower shell connection revealed cracking that was outside the modification limits specified in the service bulletin; the cracking was repaired by installing a titanium doubler. The actions specified in that AD are intended to find and fix discrepancies of the fastener holes of the horizontal flange of the keel beam, which could result in reduced structural integrity of the fuselage. Actions Since AD Was Issued Since we issued that AD, further manufacturer analysis of the keel beam/center wing box

(CWB)interface determined that cold working of additional fastener holes and modifications of the CWB lower panel/keel beam interface was needed to adequately ensure structural integrity of the airplane. These modifications would provide terminating action for the repetitive inspections required by the existing AD. Relevant Service Information Airbus has issued Service Bulletin A340-57-4099, dated March 27, 2006. The service bulletin describes procedures for disconnecting one fastener from the keel beam/bottom skin panel junction by reaming a hole in the keel beam and oversizing fastener 5 of the CWB lower panel, and for cold-working two adjacent fastener holes of the CWB lower panel to install interference fit fasteners. These modifications include rotating probe inspections, if applicable. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. We have also reviewed Airbus Service Bulletin A340-57-4087, Revision 01, including Appendix 01, dated February 15, 2005. (Service Bulletin A340-57-4087, including Appendix 01, dated November 21, 2003, was cited as the appropriate source of service information in AD 2005-20-27.) Revision 01 is technically the same as the original issue; revisions were made only to the effectivity and certain descriptive paragraphs. The European Aviation Safety Agency (EASA), which is the airworthiness authority for the European Union, mandated the service information and issued airworthiness directive 2006-0314, dated October 13, 2006, to ensure the continued airworthiness of these airplanes in the European Union. FAA's Determination and Requirements of This AD These airplane models are manufactured in France and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. As described in FAA Order 8100.14A, “Interim Procedures for Working with the European Community on Airworthiness Certification and Continued Airworthiness,” dated August 12, 2005, the EASA has kept the FAA informed of the situation described above. We have examined the EASA's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States. Therefore, we are issuing this AD to supersede AD 2005-20-27. This new AD retains the requirements of the existing AD. This AD also requires accomplishing the actions specified in Service Bulletin A340-57-4099, described previously, except as discussed under “Difference Between AD and Service Bulletin A340-57-4099.” Difference Between AD and Service Bulletin A340-57-4099 Service Bulletin A340-57-4099 specifies contacting the manufacturer for disposition of certain repair conditions; however, this AD would require the repair of those conditions to be accomplished per a method approved by either the FAA or the EASA (or its delegated agent). In light of the type of repair that would be required to address the identified unsafe condition, and in consonance with existing bilateral airworthiness agreements, the FAA has determined that, for this AD, a repair approved by either the FAA or the EASA (or its delegated agent) would be acceptable for compliance with the requirements of paragraph

(j)of this AD. Explanation of Change Made to Requirements of Existing AD Paragraph

(h)of the existing AD specifies making repairs using a method approved by the FAA or the Direction Generale De L'Aviation Civile

(DGAC)(or its delegated agent). The European Aviation Safety Agency

(EASA)has assumed responsibility for the airplane models that would be subject to this AD. Therefore, we have revised paragraph

(h)of this AD to specify making repairs using a method approved by either the FAA, the DGAC (or its delegated agent), or the EASA (or its delegated agent). Costs of Compliance None of the airplanes affected by this action are on the U.S. Register. All airplanes affected by this AD are currently operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, we consider this AD necessary to ensure that the unsafe condition is addressed if any affected airplane is imported and placed on the U.S. Register in the future. For any affected airplane imported and placed on the U.S. Register in the future, the estimated costs to accomplish the specified actions, at an average labor rate of $80 per work hour, are as follows: For the actions required by AD 2005-20-27 and retained by this AD: It takes between 3 and 8 work hours per airplane for the initial inspections and about 2 work hours per airplane for each repetitive inspection. Parts cost $190 for each kit; two kits are required for installing the new fasteners. Based on these figures, the estimated cost of the initial actions is between $620 and $1,020 per airplane; and the estimated cost of the repeat inspection is $160 per airplane, per inspection cycle. For the new actions required by this AD: It takes between 14 and 29 work hours per airplane to do the inspections and modifications. Parts cost between $1,250 and $1,680 per kit. Based on these figures, the estimated cost of these actions is between $2,370 and $4,000 per airplane. FAA's Determination of the Effective Date No airplane affected by this AD is currently on the U.S. Register. Therefore, providing notice and opportunity for public comment is unnecessary before this AD is issued, and this AD may be made effective in less than 30 days after it is published in the **Federal Register** . Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include “Docket No. FAA-2007-28354; Directorate Identifier 2006-NM-245-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the 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 DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared 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 removing amendment 39-14324 (70 FR 59233, October 12, 2005) and adding the following new airworthiness directive (AD): **2007-12-08 Airbus:** Amendment 39-15086. Docket No. FAA-2007-28354; Directorate Identifier 2006-NM-245-AD. Effective Date

(a)This AD becomes effective June 21, 2007. Affected ADs

(b)This AD supersedes AD 2005-20-27. Applicability

(c)This AD applies to Airbus Model A340-211, -212, -311, and -312 airplanes, certificated in any category; serial numbers 0006, 0007 (right-hand side of the airplane only), 0008 (left-hand side only), 0013, 0020, 0024 (left-hand side only), 0027 through 0029 inclusive, 0031, 0033, 0035, 0038 through 0040 inclusive, 0043, 0047, 0049, and 0052. Unsafe Condition

(d)This AD results from a report that certain inspections, done before accomplishing the modification of the lower keel beam fitting and forward lower shell connection, revealed cracking that was outside the modification limits specified in the service bulletin; the cracking was repaired by installing a titanium doubler. We are issuing this AD to prevent discrepancies of the fastener holes of the horizontal flange of the keel beam, which could result in reduced structural integrity of the fuselage. 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 2005-20-27 Initial/Repetitive Nondestructive Test Inspections/Repair

(f)Within 5,420 flight cycles or 26,200 flight hours after accomplishing Airbus Modification 43577, whichever is first: Perform an initial rotating probe inspection for discrepancies of the first fastener hole of the horizontal flange of the keel beam by doing all the actions in accordance with the Accomplishment Instructions of Airbus Service Bulletin A340-57-4087, dated November 21, 2003; or Revision 01, dated February 15, 2005. If no cracking is found, before further flight, inspect for correct fastener diameter tolerance; if the fastener diameter is out of tolerance, before further flight, ream to oversize the fastener holes and install oversize fasteners in accordance with the Accomplishment Instructions of the service bulletin. Accomplishing the modifications specified in paragraph

(i)of this AD ends the requirement for these inspections.

(g)If no cracking is found during any inspection required by paragraph

(f)of this AD: Within 1,480 flight cycles or 7,400 flight hours, whichever is first, after accomplishing the inspection, perform an initial ultrasonic inspection for discrepancies of the first fastener hole of the horizontal flange of the keel beam by doing all the actions in accordance with the Accomplishment Instructions of Airbus Service Bulletin A340-57-4087, dated November 21, 2003; or Revision 01, dated February 15, 2005. If no cracking is found, repeat the ultrasonic inspection thereafter at intervals not to exceed 1,480 flight cycles or 7,400 flight hours, whichever is first; until the modifications required by paragraph

(i)of this AD are accomplished. Repair Per the FAA; the Direction Generale De L'Aviation Civile (DGAC); or the European Aviation Safety Agency

(h)If any cracking is found during any inspection required by this AD: Before further flight, repair per a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; the DGAC (or its delegated agent); or the EASA (or its delegated agent). Within 1,480 flight cycles or 7,400 flight hours, whichever is first, after repair of any cracking, perform an ultrasonic inspection as required by paragraph

(g)of this AD. Repeat the ultrasonic inspection thereafter at intervals not to exceed 1,480 flight cycles or 7,400 flight hours, whichever is first; until the actions required by paragraph

(i)of this AD are accomplished. New Requirements of This AD Modifications

(i)Within 118 months after the effective date of this AD: Disconnect the keel beam from the center wing box panel at fastener hole 5, do applicable rotating probe inspections, and do cold work and install interference fit fasteners in two adjacent fastener holes of the center wing box panel; in accordance with the Accomplishment Instructions of Airbus Service Bulletin A340-57-4099, dated March 27, 2006, except as required by paragraph

(j)of this AD. Accomplishing these actions terminates the inspection requirements of paragraphs (f), (g), and

(h)of this AD. Repair

(j)If any crack is found during any action required by paragraph

(i)of this AD and Service Bulletin A340-57-4099 specifies to contact Airbus: Before further flight, repair per a method approved by the Manager, International Branch, ANM-116; the DGAC (or its delegated agent); or the EASA (or its delegated agent). No Reporting Required

(k)Although Airbus Service Bulletin A340-57-4087, dated November 21, 2003; and Revision 01, dated February 15, 2005, specify submitting an inspection report to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs) (l)(1) The Manager, International Branch, ANM-116, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector

(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Related Information

(m)The European Aviation Safety Agency airworthiness directive 2006-0314, dated October 13, 2006, also addresses the subject of this AD. Material Incorporated by Reference

(n)You must use Airbus Service Bulletin A340-57-4099, dated March 27, 2006; Airbus Service Bulletin A340-57-4087, including Appendix 01, dated November 21, 2003, and Airbus Service Bulletin A340-57-4087, Revision 01, excluding Appendix 01, dated February 15, 2005; 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 Service Bulletin A340-57-4099, dated March 27, 2006; and Airbus Service Bulletin A340-57-4087, Revision 01, excluding Appendix 01, dated February 15, 2005; in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On October 27, 2005 (70 FR 59233, October 12, 2005), the Director of the Federal Register approved the incorporation by reference of Airbus Service Bulletin A340-57-4087, including Appendix 01, dated November 21, 2003.

(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 May 25, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10754 Filed 6-5-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25738; Directorate Identifier 2006-NE-27-AD; Amendment 39-15085; AD 2007-12-07] RIN 2120-AA64 Airworthiness Directives; General Electric Company

(GE)CF6-80C2B Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for GE CF6-80C2B series turbofan engines with electronic control units (ECUs), installed on Boeing 747 and 767 series airplanes. This AD requires installing software version 8.2.Q1 to the engine ECU, which increases the engine's margin to flameout. This AD results from reports of engine flameout events during flight, including reports of events where all engines simultaneously experienced a flameout or other adverse operation. Though the root cause investigation is not yet complete, we believe exposure to ice crystals during flight is associated with these flameout events. We are issuing this AD to provide increased margin to flameout, which will minimize the potential of an all-engine flameout event caused by ice accretion and shedding during flight. DATES: This AD becomes effective July 11, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of July 11, 2007. ADDRESSES: You can get the service information identified in this AD from General Electric Company via Lockheed Martin Technology Services, 10525 Chester Road, Suite C, Cincinnati, Ohio 45215, telephone

(513)672-8400, fax

(513)672-8422. You may examine the AD docket on the Internet at *http://dms.dot.gov* or in Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. FOR FURTHER INFORMATION CONTACT: John Golinski, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: *john.golinski@faa.gov* ; telephone:

(781)238-7135, fax:

(781)238-7199. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to GE CF6-80C2B series turbofan engines with ECUs, installed on Boeing 747 and 767 series airplanes. We published the proposed AD in the **Federal Register** on October 24, 2006 (71 FR 62215). That action proposed to require installing software version 8.2.Q1 to the engine ECU, which increases the engine's margin to flameout. Examining the AD Docket You may examine the docket that contains the AD, any comments received, and any final disposition in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone

(800)647-5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES . Comments will be available in the AD docket shortly after the DMS receives them. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Comment That Corrective Actions Should Be Expanded One commenter, the Airline Pilots Association, International, states that the corrective action should be expanded in this AD to be fully effective. The commenter states that the prescribed modification addresses only the flameout and restart issues, while the problems of engine ice accretion and compressor blade damage due to ice shedding during operations, remain. The commenter states that, due to the severity of single- and dual-engine flameout events, the FAA and GE must examine the engine certification and operating envelope to determine the causes of ice accretions and compressor blade damage while operating in an ice crystal environment and continue to develop a more comprehensive solution. We do not agree. This AD considers the ice accretion location, quantity, and the potential of compressor blade damage caused by impact with ice. Paragraph

(f)of this AD states that these AD actions are interim actions due to the on-going investigation, and that we may take further rulemaking actions in the future based on the results of the investigation and field experience. Request To Eliminate Certain Wording Japan Airlines International

(JAL)requests that we eliminate “at the next shop visit of the engine” in the compliance section. Doing this would: • Then allow operators to accomplish the retrofit program on Boeing 767 series airplanes more aggressively; and • Would facilitate completing the program in the proposed 5-year compliance period, without causing aircraft on the ground

(AOG)situations, due to a shortage of spare ECUs. JAL is concerned that there might be a shortage of spare ECUs that could result in grounded aircraft. JAL provided information and data on their planned retrofit for their fleet of Boeing 767 and 747 series airplanes. We partially agree. Eliminating the proposed wording would result in a less aggressive replacement program for the total population of engines. JAL did not provide any supporting data of how this change would result in a more aggressive compliance program for engines installed on the Boeing 767 airplanes. Our risk assessment indicates that the risk presented by this unsafe condition can be successfully managed within the current and expected parts availability. Therefore, we did not change the AD. In reviewing JAL's comment, we noted that our intent could be clarified. We changed the AD to clarify that ECUs installed with previous versions of software can be installed on an engine for a period of time. The added paragraph in the AD discusses two possible conditions:

(1)Reverting to previous versions of software in an ECU, and

(2)versions of software installed in ECUs that are installed on an engine. Our risk assessment indicates this change to the AD is acceptable and manages the unsafe condition. Suggestion To Accelerate the Compliance Schedule One commenter, the National Transportation Safety Board, suggests that the compliance schedule be accelerated as the software upgrade program progresses. We do not agree. Our risk assessment indicates that the compromise to safety that is the subject of this AD can be adequately managed within the compliance schedule this AD requires. However, as also noted, we may have other AD actions as we more fully investigate the events leading to the AD. We did not change the AD. AD Clarifications After we issued the proposed AD, our review indicated that we should clarify compliance and make the following other needed updates. We added a paragraph to the AD compliance section to clarify our intent for this AD. That paragraph now states that after the effective date of this AD, once software version 8.2.Q1 is installed in an ECU, reverting to previous versions of ECU software in that ECU is prohibited. We clarified the compliance paragraphs by separating the actions required for engines installed in Boeing 767 series airplanes from those installed in Boeing 747 series airplanes. We found that we inadvertently described the inlet gearbox seal by brand name. We now identify this seal by its material name in this AD. GE issued Service Bulletin No. CF6-80C2 S/B 73-0339, Revision 1, which includes changes in the compliance section that make it consistent with this AD. We now reference that Service Bulletin Revision 1 in this AD. We eliminated the paragraph that stated that installation of later FAA-approved ECU software versions are an acceptable alternative methods of compliance

(AMOC)to this AD. We will approve future software versions as an AMOC to this AD using the standard AMOC process. Eliminating this paragraph minimizes possible confusion of using the process for requesting and approving AMOCs. 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. Costs of Compliance We estimate that this AD will affect 293 CF6-80C2B series turbofan engines with ECUs installed on Boeing 747 and 767 series airplanes of U.S. registry. It will take about six work-hours per engine to perform the actions (ECU overhauls not included) and the average labor rate is $80 per work-hour. Based on these figures, we estimate the total cost of the AD to U.S. operators to be $283,740. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2007-12-07 General Electric Company:** Amendment 39-15085. Docket No. FAA-2006-25738; Directorate Identifier 2006-NE-27-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective July 11, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to General Electric Company

(GE)CF6-80C2B1F, -80C2B2F, -80C2B4F, -80C2B5F, -80C2B6F, -80C2B6FA, -80C2B7F, and -80C2B8F turbofan engines with electronic control units (ECUs), installed on Boeing 747 and 767 series airplanes. Unsafe Condition

(d)This AD results from reports of engine flameout events during flight, including reports of events where all engines simultaneously experienced a flameout or other adverse operation. We are issuing this AD to provide increased margin to flameout, which will minimize the potential of an all-engine flameout event caused by ice accretion and shedding during flight. Exposure to ice crystals during flight is believed to be associated with these flameout events. 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. Interim Action

(f)These actions are interim actions due to the on-going investigation, and we may take further rulemaking actions in the future based on the results of the investigation and field experience. Engine ECU Software Installation for Boeing 767 Series Airplanes

(g)For Boeing 767 series airplanes:

(1)All affected engines must have ECU software version 8.2.Q1 installed at next engine shop visit or ECU shop visit, whichever occurs first, but no later than five years after the effective date of this AD.

(2)Within 24 months after the effective date of this AD, at least one of the airplane's affected engines must have ECU software version 8.2.Q1 installed.

(3)Do the software installations specified in paragraphs (g)(1) and (g)(2) of this AD using paragraphs 3.A. through 3.B.(3)(f)4. of the Accomplishment Instructions of GE Service Bulletin No. CF6-80C2 S/B 73-0339, Revision 1, dated April 24, 2007. Engine ECU Software Installation for Boeing 747 Series Airplanes

(h)For Boeing 747 series airplanes:

(2)Do the software installations specified in paragraph (h)(1) of this AD using paragraphs 3.A. through 3.B.(3)(f)4. of the Accomplishment Instructions of GE Service Bulletin No. CF6-80C2 S/B 73-0339, Revision 1, dated April 24, 2007. Reverting to Previous Software Versions of ECU Software

(i)After the effective date of this AD:

(1)Once software version 8.2.Q1 is installed in an ECU, reverting to previous versions of ECU software in that ECU is prohibited.

(2)For a period of 24 months after the effective date of this AD, once an ECU containing software version 8.2.Q1 is installed on an engine, that ECU can be replaced with an ECU containing a previous software version. The calendar time requirements in paragraphs

(g)and

(h)of this AD are not to be exceeded.

(3)After 24 months from the effective date of this AD, once an ECU containing software version 8.2.Q1 is installed on an engine, if the ECU needs to be replaced for any reason, it must only be replaced by another ECU containing version 8.2.Q1 software. Definitions

(j)For the purposes of this AD:

(1)Next shop visit of the engine ECU is when the ECU is removed from the engine for overhaul or for maintenance.

(2)Next shop visit of the engine is when the engine is removed from the airplane for maintenance in which a major engine flange is disassembled after the effective date of this AD. The following engine maintenance actions, either separately or in combination with each other, are not considered a next engine shop visit:

(i)Removal of the upper high pressure compressor

(HPC)stator case solely for airfoil maintenance.

(ii)Module-level inspection of the HPC rotor stages 3-9 spool.

(iii)Replacement of stage 5 HPC variable stator vane bushings or lever arms.

(iv)Removal of the accessory gearbox.

(v)Replacement of the inlet gearbox polytetrafluoroethylene seal. Alternative Methods of Compliance

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

(l)Under 14 CFR part 39.23, special flight permits are prohibited. Material Incorporated by Reference

(m)You must use General Electric Company Service Bulletin No. CF6-80C2 S/B 73-0339, Revision 1, dated April 24, 2007, to perform the installation required by this AD. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact General Electric Company via Lockheed Martin Technology Services, 10525 Chester Road, Suite C, Cincinnati, Ohio 45215, telephone

(513)672-8400, fax

(513)672-8422 for a copy of this service information. You may review copies at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA; 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 Burlington, Massachusetts, on May 30, 2007. Robert Ganley, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-10745 Filed 6-5-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 07-27] RIN 1505-AB79 Extension of Import Restrictions Imposed on Archaeological and Ethnological Materials From Peru AGENCIES: U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. SUMMARY: This document amends U.S. Customs and Border Protection

(CBP)regulations to reflect the extension of import restrictions on archaeological material and certain ethnological materials originating in Peru which were imposed by Treasury Decision (T.D.) 97-50 and extended by T.D. 02-30. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, the restrictions will remain in effect for an additional 5 years, and the CBP regulations are being amended to indicate this second extension. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 97-50 contains the Designated List of archaeological and ethnological materials that describes the articles to which the restrictions apply. DATES: *Effective Date:* June 9, 2007. FOR FURTHER INFORMATION CONTACT: For legal aspects, George F. McCray, Esq., Chief, Intellectual Property Rights and Restricted Merchandise Branch,

(202)572-8710. For operational aspects, Michael Craig, Chief, Other Government Agencies Branch,

(202)344-1684. SUPPLEMENTARY INFORMATION: Background Pursuant to the provisions of the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention, codified into U.S. law as the Convention on Cultural Property Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 *et seq.* ), the United States entered into a bilateral agreement with the Republic of Peru on June 9, 1997, concerning the imposition of import restrictions on pre-Columbian archaeological materials of Peru dating to the Colonial period and certain Colonial ethnological material from Peru. On June 11, 1997, the former United States Customs Service published T.D. 97-50 in the **Federal Register** (62 FR 31713), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions, and included a list designating the types of archaeological and ethnological materials covered by the restrictions. Import restrictions listed in 19 CFR 12.104g(a) are “effective for no more than five years beginning on the date on which the agreement enters into force with respect to the United States. This period can be extended for additional periods not to exceed five years if it is determined that the factors which justified the initial agreement still pertain and no cause for suspension of the agreement exists” (19 CFR 12.104g(a)). On June 6, 2002, the former United States Customs Service published T.D. 02-30 in the **Federal Register** (67 FR 38877), which amended 19 CFR 12.104g(a) to reflect the extension of these import restrictions for an additional period of five years until June 9, 2007. After reviewing the findings and recommendations of the Cultural Property Advisory Committee, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, concluding that the cultural heritage of Peru continues to be in jeopardy from pillage of archaeological and certain ethnological materials, made the necessary determination to extend the import restrictions for an additional five years on April 26, 2007. Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension of the import restrictions. The Designated List of Archaeological and Ethnological Material from Peru covered by these import restrictions is set forth in T.D. 97-50. The Designated List and accompanying image database may also be found at the following internet Web site address: *http://exchanges.state.gov/culprop/pefact.html,* by clicking “III. Categories of Artifacts Subject to Import Restriction”, and **Federal Register** . A complete list is published in the **Federal Register** notice of June 11, 1997. It is noted that the materials identified in T.D. 97-50 as “certain pre-Colombian archaeological materials of Peru dating to the Colonial period and certain Colonial ethnological material from Peru” are referred to in the Determination to Extend as “Archaeological Material from the Prehispanic Cultures and Certain Ethnological Material from the Colonial Period of Peru.” The materials identified in T.D. 97-50 and those identified in the Determination to Extend are the same. The restrictions on the importation of these archaeological and ethnological materials from Peru are to continue in effect for an additional 5 years. Importation of such material continues to be restricted unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met. Inapplicability of Notice and Delayed Effective Date This amendment involves a foreign affairs function of the United States and is, therefore, being made without notice or public procedure (5 U.S.C. 553(a)(1)). For the same reasons, pursuant to 5 U.S.C. 553(d)(3), a delayed effective date is not required. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. Executive Order 12866 Because this rule involves a foreign affairs function of the United States, it is not subject to Executive Order 12866. Signing Authority This regulation is being issued in accordance with 19 CFR 0.1(a)(1). List of Subjects in 19 CFR Part 12 Cultural property, Customs duties and inspection, Imports, Prohibited merchandise. Amendment to CBP Regulations For the reasons set forth above, part 12 of Title 19 of the Code of Federal Regulations (19 CFR part 12), is amended as set forth below: PART 12—SPECIAL CLASSES OF MERCHANDISE 1. The general authority citation for part 12 and the specific authority citation for § 12.104g continue to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1624; Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; § 12.104g [Amended] 2. In § 12.104g(a), the table of the list of agreements imposing import restrictions on described articles of cultural property of State Parties is amended in the entry for Peru by removing the reference to “T.D. 02-30” and adding in its place “CBP Dec. 07-27” in the column headed “Decision No.”. Approved: June 1, 2007. Deborah J. Spero, Acting Commissioner, U.S. Customs and Border Protection. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 07-2810 Filed 6-5-07; 8:45 am]

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