Unknown. Final special conditions

54,725 words·~249 min read·/register/2007/06/11/07-2884

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-2007-06-11.xml --- 72 111 Monday, June 11, 2007 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Business-Cooperative Service See Rural Housing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-11237 32056-32057 E7-11239 Animal Animal and Plant Health Inspection Service NOTICES Emergency actions:

Tiffany Creek Preserve, NY; removal, 32057 E7-11242 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Coast Guard Coast Guard RULES Drawbridge operations: New York, 32004-32006 E7-11178 E7-11179 E7-11180 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Beverly, MA, 32006-32008 E7-11173 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Commodity Exchange Act:

Credit default options and credit default basket options; trading and clearing exemption, 32079-32081 07-2878 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 32081-32083 E7-11149 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 32083 E7-11155 Elementary and secondary education: Elementary and Secondary Education Act; implementation— Single-sex classes and schools; guidelines; withdrawn, 32083-32084 E7-11253 Grants and cooperative agreements; availability, etc.:

Vocational and adult education— National Research Center for Career and Technical Education, 32084-32093 E7-11135 EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 32093-32097 E7-11226 E7-11228 Committees; establishment, renewal, termination, etc.: U.S. Government Representative to Commission for Environmental Cooperation— National and Governmental Advisory Committees, 32097-32098 E7-11211 Meetings; Sunshine Act, 32098 07-2898 Water pollution control:

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Special conditions— Aviation Technology Group, Inc.; Javelin Model 100 series airplanes, 31969-31971 E7-11152 PROPOSED RULES Airworthiness directives: Airbus, 32025-32027 E7-11198 Bombardier, 32027-32030 E7-11199 Airworthiness standards: Special conditions— Boeing Model 787-8 airplane, 32021-32025 E7-11150 E7-11153 NOTICES Meetings: RTCA Program Management Committee, 32158 07-2864 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 32008-32011 E7-10961 NOTICES Agency information collection activities; proposals, submissions, and approvals, 32131 E7-11174 Disaster and emergency areas:

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Food Safety Public Advisory Committee; nonvoting industry representatives, 32123-32124 E7-11141 Forest Forest Service NOTICES Meetings: Southwest Washington Province Advisory Committee, 32057-32058 07-2881 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.:

Community Partnerships to Eliminate Health Disparities Demonstration Grant Program, 32102-32109 07-2894 Family Planning Services Program, 32109-32116 E7-11183 State Partnership to Improve Minority Health Grant Program, 32116-32123 07-2893 Scientific misconduct findings; administrative actions: Jin, Wei, 32123 07-2866 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 32124-32125 E7-11219 Grants and cooperative agreements; availability, etc.:

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Brake rotors from— China, 32071-32072 E7-11251 Hot-rolled carbon steel flat products from— China, 32072-32074 E7-11206 Stainless steel wire rod from— Korea, 32074-32077 E7-11246 Steel concrete reinforcing bars from— Turkey, 32077-32078 E7-11248 Countervailing duties: Honey from— Argentina, 32078-32079 E7-11249 Export trade certificates of review, 32079 E7-11145 *Applications, hearings, determinations, etc.:* University of Miami et al., 32078 E7-11234 Land Land Management Bureau NOTICES Alaska Native claims selection:

Bering Straits Native Corp., 32135-32136 E7-11232 E7-11238 Coal leases, exploration licenses, etc.: Wyoming, 32136 E7-10889 Environmental statements; notice of intent: Clark County, NV; Rinker and Service Rock Projects, 32137 E7-11208 Resource management plans, etc.: Garfield and Rio Blanco Counties, CO, 32138-32139 E7-10964 Management Management and Budget Office NOTICES Audits of States, local governments, and non-profit organizations (Circular A-133), 32144-32145 E7-11177 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Defect and noncompliance— Address changes and other administrative adjustments, 32014-32017 E7-11119 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 32126-32128 E7-11195 Meetings: National Cancer Institute, 32128 07-2873 National Institute of Environmental Health Sciences, 32129 07-2877 National Institute of Mental Health, 32129 07-2876 National Institute on Alcohol Abuse and Alcoholism, 32128 07-2872 National Institute on Deafness and Other Communication Disorders, 32128-32129 07-2875 Scientific Review Center, 32129-32131 07-2874 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES International fisheries regulations:

Nations whose fishing vessels are engaged in illegal, unreported, or unregulated fishing or bycatch of protected living marine resources; certification, 32052-32055 E7-11254 Nuclear Nuclear Regulatory Commission PROPOSED RULES Domestic licensing proceedings and issuance of orders; practice rules: Access to sensitive unclassified non-safeguards and safeguards information; interlocutory review, 32018-32021 07-2884 NOTICES Reports and guidance documents; availability, etc.: New reactor licensing proceedings conduct; policy statement, 32139-32144 E7-11264 *Applications, hearings, determinations, etc.:* Shaw Areva Mox Services, 32139 E7-11196 Office Office of Management and Budget See Management and Budget Office Personnel Personnel Management Office NOTICES Excepted service; positions placed or revoked, 32145-32147 E7-11217 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings:

International standards on transportation of dangerous goods, 32161 07-2868 Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.: Biomass research and development, 32058-32070 07-2865 Rural Rural Housing Service NOTICES Grants and cooperative agreements; availability, etc.: Section 538 Guaranteed Rural Rental Housing Program, 32070-32071 E7-11169 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-11156 32147-32150 E7-11159 E7-11163 E7-11164 Meetings;

Sunshine Act, 32150-32151 E7-11261 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 32151-32152 E7-11158 NASDAQ Stock Market LLC, 32152-32156 E7-11157 E7-11182 SBA Small Business Administration NOTICES Disaster loan areas: Kansas, 32156-32157 E7-11172 South Dakota, 32157 E7-11170 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Texas, 32049-32052 E7-11193 Surface Surface Transportation Board NOTICES Meetings:

Rail transportation of resources critical to the nation's energy supply, 32161-32162 E7-11236 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Aviation proceedings: Agreements filed; weekly receipts, 32157 07-2891 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 32157-32158 E7-11250 Treasury Department Treasury Department RULES Trade Act (2002); implementation:

Express consignment carrier facilities; customs processing fees, [ **Editorial Note:** This document appearing at 72 FR 31719 in the **Federal Register** of June 8, 2007, was inadvertently dropped from that issue's Table of Contents.] MISSING FOR: U.S. Customs and Border Protection U.S. Customs and Border Protection RULES Articles conditionally free, subject to reduced rates, etc.: U.S.-Singapore Free Trade Agreement; preferential tariff treatment and other customs-related provisions, 31990-32004 E7-11078 NOTICES Agency information collection activities; proposals, submissions, and approvals, 32132-32135 E7-11213 E7-11216 E7-11218 Automation program test:

Automated Commercial Environment— Truck carrier accounts; automated truck manifest data; deployment schedule, 32135 E7-11167 Veterans Veterans Affairs Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Bioceuticals, Inc., 32162 E7-11223 Perlegen Sciences, Inc., 32162-32163 E7-11224 Pension cost-of-living adjustments and headstone or marker allowance rate, 32163-32164 E7-11225 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. 72 111 Monday, June 11, 2007 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE254; Special Conditions No. 23-194-SC] Special Conditions: Aviation Technology Group (ATG), Inc.;

Javelin Model 100 Series Airplane; Acrobatic Spins AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions. SUMMARY: These special conditions are issued for the Aviation Technology Group

(ATG)Javelin Model 100 Series airplane. This airplane will have a novel or unusual design feature(s) associated with acrobatic spin recovery requirements. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. 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: *Effective Date:* May 29, 2007. FOR FURTHER INFORMATION CONTACT: Lowell Foster, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri, 816-329-4125, fax 816-329-4090. SUPPLEMENTARY INFORMATION: Background On February 15, 2005, Aviation Technology Group (ATG); 8001 South InterPort Boulevard, Suite 310; Englewood, Colorado 80112-5951, applied for a type certificate for their new Model 100 airplane. ATG seeks certification of the Javelin in both utility and acrobatic categories. The preliminary design includes the following features: • Two-place, tandem configuration. • Maximum takeoff weight of approximately 6,900 pounds. • Design cruise speed of 500 knots calibrated airspeed. • Two Williams FJ33-4A-18M turbofan engines with dual channel FADEC controls. • Major airframe components constructed of carbon fiber composite materials. • Hydraulically boosted flight control system with floor-mounted control sticks. • Integrated avionics including electronic displays, autopilot, and flight management system. Title 14 CFR part 23, § 23.221 contains spin requirements for normal, utility, and acrobatic category airplanes. When part 3 of the Civil Air Regulations was recodified in 1965 as 14 CFR part 23, spin requirements for acrobatic category airplanes were presented in § 23.221(c). Since 1965, the spin requirements in § 23.221(c) have been amended three times. The original version of § 23.221(c) required an acrobatic category airplane to perform spins of at least six turns and recover without exceeding an airspeed limit or positive load factor limit. Spins were required for flaps-up configuration and flaps-down configuration. In addition, the airplane could not enter an uncontrollable spin with any use of the controls. Amendment 23-7 revised the presentation of the acrobatic category spin requirements and revised the minimum turn requirement to six turns or three seconds, whichever takes longer. Amendment 23-42 revised § 23.221(c)(3) and clarified the term “controls” in the previous version of the rule by identifying flight controls and engine controls. It also clarified that the use of the controls could be at spin entry or during the spin. Neither of these two amendments changed the basic acrobatic category spin requirements. In July 1994, the FAA proposed changes to the flight airworthiness standards for normal, utility, acrobatic, and commuter category airplanes. The proposals arose from the joint effort of the FAA and the European Joint Aviation Authorities

(JAA)to harmonize 14 CFR regulations and the Joint Aviation Requirements (JAR). The proposed changes were intended to provide nearly uniform flight airworthiness standards for airplanes certificated in the United States under 14 CFR part 23 and in the JAA countries under JAR 23. Proposed changes to the introductory paragraph of § 23.221(c) required acrobatic category airplanes to meet the one-turn spin requirements of § 23.221(a) as well as the emergency egress requirements of § 23.807, and to meet the spin requirements of §§ 23.221(c)(1) through

(4)in each configuration approved for spins. The addition of normal category spin requirements was necessary because acrobatic category airplanes should have sufficient controllability to recover from the developing one-turn spin under the same conditions as normal category airplanes. The configuration requirement was added to recognize the common practice of approving intentional spins only for a specific configuration (e.g, gear and flaps up). The proposed changes were incorporated into the rule by Amendment 23-50. The FAA did not intend to approve an acrobatic category airplane that met only the normal category spin requirements. The assumption has always been that an inadvertent spin could result during the performance of a variety of acrobatic maneuvers. Type Certification Basis Under the provisions of 14 CFR part 21, § 21.17, ATG must show that the Model 100 meets the applicable provisions of part 23, as amended by Amendment 23-1 through 23-55 thereto. If the Administrator finds that the applicable airworthiness regulations ( *i.e.* , 14 CFR part 23) do not contain adequate or appropriate safety standards for the ATG Model 100 series because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38, and become part of the type certification basis in accordance with § 21.17. Special conditions are initially applicable to the model for which they are issued. Should the type certificate for that model be amended later to include any other model that incorporates the same novel or unusual design feature, the special conditions would also apply to the other model under the provisions of § 21.101. Novel or Unusual Design Features The ATG Model 100 will incorporate the following novel or unusual design features: High thrust-to-weight ratio, military training jet configuration with a higher fuselage mass compared to typical part 23 acrobatic airplanes. Discussion Title 14 CFR part 23, § 23.221(c), as amended by Amendment 23-50, presents acrobatic category airplane spin requirements. As the rule is currently written, the acrobatic category airplane must comply with normal category spin requirements, acrobatic category emergency egress requirements in § 23.807, and acrobatic spin requirements for each configuration requested for spin approval. ATG proposes to prohibit intentional spins and requests that no configuration be approved for spins. This proposal appears to allow an acrobatic category airplane that meets only normal category spin requirements. This proposal is unacceptable since the FAA has always maintained that an acrobatic category airplane must comply with acrobatic category spin requirements. Discussion of Comments A notice of proposed special conditions No. 23-06-06-SC for the Aviation Technology Group (ATG), Inc.; Javelin Model 100 series airplanes was published in the **Federal Register** on February 1, 2007 (72 FR 4661). No comments were received, and the special conditions are adopted as proposed. Applicability As discussed above, these special conditions are applicable to the Aviation Technology Group (ATG), Inc.; Javelin Model 100 Series airplane. Should Aviation Technology Group apply at a later date for a change to the type certificate to include another model on the same type certificate incorporating the same novel or unusual design feature, the special conditions would apply to that model as well. Conclusion This action affects only certain novel or unusual design features on one model series of airplane. It is not a rule of general applicability. List of Subjects in 14 CFR Part 23 Aircraft, Aviation safety, Signs and symbols. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704; 14 CFR 21.16 and 21.17 and 14 CFR 11.38 and 11.19. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for the ATG Model 100 airplanes. Title 14 CFR part 23, § 23.221(c) as amended by Amendment 23-50, presents acrobatic category airplane spin requirements. As the rule is currently written, the acrobatic category airplane must comply with normal category spin requirements, acrobatic category emergency egress requirements in § 23.807, and acrobatic spin requirements for each configuration requested for spin approval. ATG proposes to prohibit intentional spins and requests that no configuration be approved for spins. This proposal leads to an acrobatic category airplane that meets only normal category spin requirements. This proposal is unacceptable since the FAA has always maintained that an acrobatic category airplane must comply with acrobatic category spin requirements despite the wording in the current rule. The rule's history coupled with preamble information for Amendment 23-50 reveals that the rule was changed to add the normal category spin requirements and to accommodate an applicant's desire to comply with the acrobatic spin requirements for at least one configuration, but not necessarily all configurations. Since the wording of the current rule combined with ATG's proposal does not provide the level of safety envisioned for an acrobatic category airplane, the FAA adopts the following special condition under the authority of 14 CFR part 21, § 21.16 to replace § 23.221(c) in its entirety: SC 23.221 Spinning.

(c)*Acrobatic category airplanes.* An acrobatic category airplane must meet the spin requirements of paragraph

(a)of this section and § 23.807(b)(6). In addition, the following requirements must be met in an applicant-designated acrobatic configuration, and in each other configuration for which approval for spinning is requested:

(1)The airplane must recover from any point in a spin up to and including six turns, or any greater number of turns for which certification is requested, in not more than one and one-half additional turns after initiation of the first control action for recovery. However, beyond three turns, the spin may be discontinued if spiral characteristics appear.

(2)The applicable airspeed limits and limit maneuvering load factors must not be exceeded. For flaps extended configurations for which approval is requested, the flaps must not be retracted during the recovery.

(3)It must be impossible to obtain unrecoverable spins with any use of the flight or engine power controls either at the entry into or during the spin.

(4)There must be no characteristics during the spin (such as excessive rates of rotation or extreme oscillatory motion) that might prevent a successful recovery due to disorientation or incapacitation of the pilot.

(5)If the applicant demonstrates that it is impossible for the airplane in the applicant-designated acrobatic configuration, and in each other configuration for which approval for spinning is requested, to enter a spin with any use of the flight or engine power controls, either at or after entry into the stall maneuver, the airplane is considered to meet the requirements of paragraph (c)(1) of this SC. The demonstration must be conducted in accordance with the following—

(i)Reduce the airplane speed using pitch control at a rate of approximately 1 knot per second until the pitch control reaches the stop; then, with the pitch control pulled back and held against the stop, apply full rudder control in a manner to promote spin entry for a period of 7 seconds or through a 360 degree heading change, whichever occurs first. If the 360 degree heading change is reached first, it must have taken no fewer than 4 seconds. This maneuver must be performed first with the ailerons in the neutral position, and then with the ailerons deflected opposite the direction of turn in the most adverse manner.

(ii)Power must be set in accordance with § 23.201(e)(4) without change during the maneuver. At the end of 7 seconds or a 360 degree heading change, the airplane must respond immediately and normally to primary flight controls applied to regain coordinated, unstalled flight without reversal of control effect and without exceeding the temporary control forces specified by § 23.143(c). We believe that the above special condition, which replaces § 23.221(c) in its entirety, provides the level of safety established for a part 23 airplane certificated in the acrobatic category. Issued in Kansas City, Missouri on May 29, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-11152 Filed 6-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27193; Directorate Identifier 2007-CE-009-AD; Amendment 39-15091; AD 2007-12-13] RIN 2120-AA64 Airworthiness Directives; Viking Air Limited (Type Certificate No. A-806 Previously Held by deHavilland Inc.) Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are superseding an existing airworthiness directive

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

(MCAI)issued 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: A report has been received of stress corrosion cracking occurring in the wing lift strut lower clevis fitting, part number C2W-1097A. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective July 16, 2007. On July 16, 2007 the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: George J. Duckett, Aerospace Engineer, FAA, New York Aircraft Certification Office, 10 Fifth Street, Valley Stream, New York 11581; telephone:

(516)228-7325; fax:

(516)794-5531. Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The 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 We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on March 22, 2007 (72 FR 13448) and proposed to supersede AD 88-08-02, Amendment 39-5889. That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: A report has been received of stress corrosion cracking occurring in the wing lift strut lower clevis fitting, part number C2W-1097A. This AD revision is being issued to allow operators the option of continuing with the existing inspection intervals in accordance with CF-85-08R3 (Part A) or incorporating the improved alternate inspection method in accordance with Part B, to permit an increase in inspection intervals. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This 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. Costs of Compliance We estimate that this AD will affect 392 products of U.S. registry. We also estimate that it will take about 7 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $219,520, or $560 per product. In addition, we estimate that any necessary follow-on actions will take about 7 work-hours and require parts costing $6,227 for each wing strut assembly, for a cost of $6,787 per wing strut assembly. We have no way of determining the number of products that may need these actions. 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 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. 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 the NPRM, 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. 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 removing Airworthiness Directive

(AD)88-08-02, Amendment 39-5889, and adding the following new AD: **2007-12-13 Viking Air Limited (Type Certificate No. A-806 previously held by deHavilland Inc.):** Amendment 39-15091; Docket No. FAA-2007-27193; Directorate Identifier 2007-CE-009-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective July 16, 2007. Affected ADs

(b)This AD supersedes AD 88-08-02, Amendment 39-5889. Applicability

(c)This AD applies to Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC-2 Mk. III airplanes, all serial numbers, that:

(1)Are certificated in any category; and

(2)Are equipped with wing lift strut assemblies, part numbers (P/Ns) C2W1103, C2W1103A, C2W1104, or C2W1104A. Subject

(d)Air Transport Association of America

(ATA)Code 57: Wings. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: A report has been received of stress corrosion cracking occurring in the wing lift strut lower clevis fitting, part number C2W-1097A. This AD revision is being issued to allow operators the option of continuing with the existing inspection intervals in accordance with CF-85-08R3 (Part A) or incorporating the improved alternate inspection method in accordance with Part B, to permit an increase in inspection intervals. Restatement of Requirements of AD 88-08-02

(f)For all Models DHC-2 Mk. I and DHC-2 Mk. III airplanes certificated in any category that are equipped with wing lift strut assemblies, P/Ns C2W1103, C2W1103A, C2W1104, or C2W1104A: Within the next 100 hours time-in-service

(TIS)after May 11, 1988 (the effective date of AD 88-08-02) or one month after May 11, 1988 (the effective date of AD 88-08-02), whichever occurs first, and thereafter at intervals not to exceed 500 hours TIS or 12 calendar months, whichever occurs first, do the following:

(1)Remove the wing lift strut assemblies, P/Ns C2W1103 or C2W1103A and C2W1104 or C2W1104A from the airplane and prepare the assemblies for inspection as described in the “ACCOMPLISHMENT INSTRUCTIONS” section of DeHavilland Service Bulletin (S/B) No. 2/41, Revision A, dated August 14, 1987.

(2)Conduct a dye penetrant inspection with a 10-power glass for cracks in the lugs of the lower attachment clevis fitting.

(3)If cracks are found, before further flight, replace the complete wing lift strut assembly with a:

(i)Wing lift strut assembly of the same part number that has had the lower clevis fitting inspected using the dye penetrant procedure and has been found free of cracks; or

(ii)Wing lift strut assembly, P/N C2W1115-1 or P/N C2W1115-2, as appropriate.

(4)If no cracks are found, before further flight, clean the lower clevis fitting and reinstall the wing lift strut assembly.

(5)If wing strut assembly P/N C2W1115-1 or P/N C2W1115-2 is installed, the recurring inspection specified in paragraph

(f)of this AD is no longer required. New Requirements of This AD: Actions and Compliance

(g)Unless already done, do either

(1)or

(2)of the following actions:

(1)*Inspection using fluorescent penetrant method:* Perform the Accomplishment Instructions of Viking Air Ltd. Service Bulletin No. 2/41, Revision C, dated June 23, 2006.

(i)*For airplanes previously affected by AD 88-08-02:* Inspect the wing lift strut assemblies within the next 12 calendar months after the last inspection required by AD 88-08-02 or within the next 30 days after July 16, 2007 (the effective date of this AD), whichever occurs later, and thereafter at intervals not to exceed 12 calendar months.

(ii)*For airplanes not previously affected by AD 88-08-02:* Inspect the wing lift strut assemblies within the next 100 hours time-in-service

(TIS)after July 16, 2007 (the effective date of this AD) or within the next 12 calendar months after July 16, 2007 (the effective date of this AD), whichever occurs first, and thereafter at intervals not to exceed 12 calendar months.

(2)*Inspection using eddy current method:* Perform the Accomplishment Instructions of Viking Air Ltd. SB No. 2/55, dated June 23, 2006.

(ii)*For airplanes not previously affected by AD 88-08-02:* Inspect the wing lift strut assemblies within the next 100 hours TIS after July 16, 2007 (the effective date of this AD) or within the next 12 calendar months after July 16, 2007 (the effective date of this AD), whichever occurs first, and thereafter at intervals not to exceed 24 calendar months.

(3)If cracks are found during any inspection required by either paragraph (g)(1) or (g)(2) of this AD, before further flight:

(i)Replace the complete wing lift strut assembly with a wing lift strut assembly of the same part number that has had the lower clevis fitting inspected using either the fluorescent penetrant method specified in paragraph (g)(1) of this AD or the eddy current method specified in paragraph (g)(2) of this AD and is found free of cracks. After replacement, continue with the repetitive inspections specified in paragraphs (g)(1) and (g)(2) of this AD; or

(ii)Replace the complete wing lift strut assembly with strut assembly C2W1115-1 or C2W1115-2, as appropriate. Installing wing strut assembly C2W1115-1 or C2W1115-2 as replacement parts terminates the repetitive inspections required in paragraphs (g)(1) and (g)(2) of this AD.

(4)If no cracks are found during any inspection required in paragraphs (g)(1) or (g)(2) of this AD, before further flight, clean the lower clevis fitting and reinstall the wing strut assembly. After reinstallation, continue with the repetitive inspections specified in paragraphs (g)(1) and (g)(2) of this AD. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

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

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, New York Aircraft Certification Office, FAA, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: George J. Duckett, Aerospace Engineer, 10 Fifth Street, Valley Stream, New York 11581; telephone:

(516)228-7325; fax

(516)794-5531, has the authority to approve AMOCs for this AD. 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.

(2)AMOCs approved for AD 88-08-02 are not approved for this AD.

(3)*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.

(4)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget

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

(i)Refer to MCAI Transport Canada AD CR-1985-08R4, dated September 28, 2006; Viking Service Bulletin No. 2/41, Revision “C”, dated June 23, 2006; and Viking Service Bulletin No. 2/55, dated June 23, 2006; for related information. Material Incorporated by Reference

(j)You must use Viking Service Bulletin DHC-2 MK I, MK II and MK III Turbo Beaver Service Bulletin No. 2/41, Revision C, dated June 23, 2006; or Viking DHC-2 Beaver Service Bulletin No. 2/55, dated June 23, 2006, to do the actions required by this AD, unless the AD specifies otherwise.

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

(2)For service information identified in this AD, contact Viking Air Limited, 9584 Hampden Rd., Sidney, BC, Canada, V8L 5V5; telephone:

(250)656-7227.

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* Issued in Kansas City, Missouri, on May 31, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10981 Filed 6-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28369; Directorate Identifier 2007-NM-076-AD; Amendment 39-15088; AD 2007-12-10] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330 and A340 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: Two A330 operators have reported uncontained APU (auxiliary power unit) generator failures on ground. In both events, a loud noise was heard, followed by an APU automatic shutdown. Preliminary investigations confirmed an uncontained APU Generator failure with subsequent aircraft structural damages to the APU compartment and, in one case, to the stabiliser compartment. Loose APU generator parts can lead to damage to the APU fire wall which might reduce its fire extinguishing capability, possibly leading to a temporary uncontrolled fire which constitutes an unsafe condition. * * * This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective June 26, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications, listed in the AD, as of June 26, 2007. We must receive comments on this AD by July 11, 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: 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: 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 Airworthiness Directive 2007-0080-R1, dated April 13, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: Two A330 operators have reported uncontained APU (auxiliary power unit) generator failures on ground. In both events, a loud noise was heard, followed by an APU automatic shutdown. Preliminary investigations confirmed an uncontained APU Generator failure with subsequent aircraft structural damages to the APU compartment and, in one case, to the stabiliser compartment. Loose APU generator parts can lead to damage to the APU fire wall which might reduce its fire extinguishing capability, possibly leading to a temporary uncontrolled fire which constitutes an unsafe condition. Further detailed investigations are ongoing to determine the root causes of both events. The MCAI requires a one-time inspection of the inlet screen for the scavenge-oil pump for signs of debris coming from the APU generator in order to get a complete fleet status. For airplanes on which any metallic debris is found during the inspection, the MCAI requires corrective actions in accordance with the relevant service information. Those corrective actions include shipping the debris to Airbus, and specify dispatching the airplane using one of the following four options: • Replacing the APU generator and checking the APU oil system for metallic debris from the APU generator. • Installing the APU generator substitution kit and checking the APU oil system for debris from the APU generator. • Deactivating the APU generator and checking the APU oil system for debris from the APU generator. • Keeping the APU inoperative. The corrective actions also specify replacing the inlet screen if found damaged during the oil system check. For certain airplanes, the MCAI requires performing a check of the differential pressure indicator button on the lube filter and the generator scavenge filter. Relevant Service Information Airbus has issued All Operators Telexes

(AOTs)A330-24A3042, A340-24A4056, and A340-24A5020, all Revision 02, all dated April 12, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between the AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because an uncontained APU failure can lead to damage to the APU fire wall, which might reduce its fire extinguishing capability, possibly leading to an uncontrolled fire. 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-2007-28369; Directorate Identifier 2007-NM-076-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: **2007-12-10 Airbus:** Amendment 39-15088. Docket No. FAA-2007-28369; Directorate Identifier 2007-NM-076-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective June 26, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Airbus Model A330 and A340 airplanes; certificated in any category; all certified models, all serial numbers; for which the date of issuance of the original French standard airworthiness certificate or the date of issuance of the original export certificate of airworthiness is before March 1, 2007. Subject

(d)Electrical power. Reason

(e)The mandatory continued airworthiness information

(MCAI)states: Two A330 operators have reported uncontained APU (auxiliary power unit) generator failures on ground. In both events, a loud noise was heard, followed by an APU automatic shutdown. Preliminary investigations confirmed an uncontained APU Generator failure with subsequent aircraft structural damages to the APU compartment and, in one case, to the stabiliser compartment. Loose APU generator parts can lead to damage to the APU fire wall which might reduce its fire extinguishing capability, possibly leading to a temporary uncontrolled fire which constitutes an unsafe condition. Further detailed investigations are ongoing to determine the root causes of both events. The MCAI requires a one-time inspection of the inlet screen for the scavenge-oil pump for signs of debris coming from the APU generator in order to get a complete fleet status. For airplanes on which any metallic debris is found during the inspection, the MCAI requires corrective actions in accordance with the relevant service information. Those corrective actions include shipping the debris to Airbus, and specify dispatching the airplane using one of the following four options: Replacing the APU generator and checking the APU oil system for metallic debris from the APU generator; installing the APU generator substitution kit and checking the APU oil system for debris from the APU generator; deactivating the APU generator and checking the APU oil system for debris from the APU generator; or keeping the APU inoperative. The corrective actions also specify replacing the inlet screen if found damaged during the oil system check. For certain airplanes, the MCAI requires performing a check of the differential pressure indicator button on the lube filter and the generator scavenge filter. Actions and Compliance

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

(1)Within 63 days after the effective date of this AD, in accordance with the instructions of Airbus All Operators Telex

(AOT)A330-24A3042, A340-24A4056, or A340-24A5020, all Revision 02, all dated April 12, 2007; as applicable: Inspect the inlet screen (last chance filter) for the generator scavenge-oil pump for signs of debris and, as applicable, apply all associated corrective actions before further flight.

(2)For Model A330 aircraft operating under MMEL (master minimum equipment list) Item 24-22-01 ‘AC Main Generation' or MMEL Item 36-11-01 ‘Bleed Air Supply System Failure': As of the effective date of this AD, before each flight, perform a check of the differential pressure indicator button on the lube filter and the generator scavenge filter in accordance with the instructions of Airbus AOT A330-24A3042, Revision 02, dated April 12, 2007. Note 1: The repetitive checks before each flight specified in paragraph (f)(2) of this AD are not required for airplanes operated under MMEL Item 36-11-01, provided the APU generator has been removed or deactivated in accordance with the instructions of Airbus AOT A330-24A3042, Revision 02, dated April 12, 2007.

(3)Actions done before the effective date of this AD in accordance with the applicable Airbus service information in Table 1 of this AD are acceptable for compliance with the corresponding provisions of paragraph

(f)of this AD. Table 1.—Acceptable Earlier Revisions of Service Information Airbus all operators telex Revision level Date A330-24A3042 Original March 22, 2007. A330-24A3042 01 March 29, 2007. A340-24A4056 Original March 22, 2007. A340-24A4056 01 March 29, 2007. A340-24A5020 Original March 22, 2007. A340-24A5020 01 March 29, 2007. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: Although the MCAI or service information requires checking the differential pressure indicator button on the lube and the generator scavenge filter until May 31, 2007, this AD does not provide a termination date for the checks. This difference has been coordinated with the European Aviation Safety Agency (EASA). 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:* Tim Backman, Aerospace Engineer, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2797; fax

(425)227-1149. 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.

(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 EASA Airworthiness Directive 2007-0080-R1, dated April 13, 2007; and Airbus AOT A330-24A3042, A340-24A4056, or A340-24A5020, all Revision 02, all dated April 12, 2007; for related information. Material Incorporated by Reference

(i)You must use the applicable Airbus service information specified in Table 2 of this AD to do the actions required by this AD, unless the AD specifies otherwise. (Only the first page of these documents contains the document number, revision level, and date; no other pages of these documents contain this information.)

(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 Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

(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.* Table 2.—Material Incorporated by Reference Airbus all operators telex Revision level Date A330-24A3042 02 April 12, 2007. A340-24A4056 02 April 12, 2007. A340-24A5020 02 April 12, 2007. Issued in Renton, Washington, on May 30, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10993 Filed 6-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27708; Directorate Identifier 2007-CE-027-AD; Amendment 39-15083; AD 2007-12-05] RIN 2120-AA64 Airworthiness Directives; Diamond Aircraft Industries GmbH Model DA 42 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final Rule. SUMMARY: We are adopting a new airworthiness directive

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

(MCAI)issued 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: From airplanes that have installed the Auxiliary Fuel Tank Optional Design Change (OÄM) No. 42-056, three in-service failures of the auxiliary fuel tank venting system have been reported. These failures have led to the inability to supply the complete auxilliary fuel quantity to the main tanks and the collapse of the auxilliary tank. It is suspected that the vent lines were obstructed either by ice accretion under certain climatic conditions or by blockage of the vent valves because of fuel contaminants. Undetected malfunctions of the venting system and damaged auxiliary fuel tanks may lead to a lower usable fuel quantity, subsequent fuel starvation and/or fuel spillage into the nacelle. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective July 16, 2007. On July 16, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4145; fax:

(816)329-4090. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. The 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 We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on April 13, 2007 (72 FR 18600). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that: From airplanes that have installed the Auxiliary Fuel Tank Optional Design Change (OÄM) No 42-056, three in-service failures of the auxiliary fuel tank venting system have been reported. These failures have led to the inability to supply the complete auxilliary fuel quantity to the main tanks and the collapse of the auxilliary tank. It is suspected that the vent lines were obstructed either by ice accretion under certain climatic conditions or by blockage of the vent valves because of fuel contaminants. Undetected malfunctions of the venting system and damaged auxiliary fuel tanks may lead to a lower usable fuel quantity, subsequent fuel starvation and/or fuel spillage into the nacelle. This Airworthiness Directive

(AD)aims to check for proper operation the auxiliary fuel tank venting system, and check for damage the fuel tanks' structure. This AD also requires installation of ventilation holes in the filler caps' fitting and introduction of a temporary revision into the Aircraft Maintenance Manual (AMM). Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This 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. Costs of Compliance We estimate that this AD will affect 47 products of U.S. registry. We also estimate that it will take about 2 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $7,520, or $160 per product. 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 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. 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 the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(a)This airworthiness directive

(AD)becomes effective July 16, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Model DA 42 airplanes; serial numbers 42.015, 42.028, 42.036, 42.044, 42.055, 42.059, 42.062, 42.067, 42.069, 42.075 through 42.100, 42.105, 42.106, 42.108, 42.114, 42.115, 42.117 through 42.122, and 42.124; certificated in any category. Subject

(d)Air Transport Association of America

(ATA)Code 28: Fuel. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: From airplanes that have installed the Auxiliary Fuel Tank Optional Design Change (OA M) No. 42-056, three in-service failures of the auxiliary fuel tank venting system have been reported. These failures have led to the inability to supply the complete auxilliary fuel quantity to the main tanks and the collapse of the auxilliary tank. It is suspected that the vent lines were obstructed either by ice accretion under certain climatic conditions or by blockage of the vent valves because of fuel contaminants. Undetected malfunctions of the venting system and damaged auxiliary fuel tanks may lead to a lower usable fuel quantity, subsequent fuel starvation and/or fuel spillage into the nacelle. This Airworthiness Directive

(AD)aims to check for proper operation the auxiliary fuel tank venting system, and check for damage to the fuel tanks' structure. This AD also requires installation of ventilation holes in the filler caps' fitting and introduction of a temporary revision into the Aircraft Maintenance Manual (AMM). Actions and Compliance

(f)Unless already done, do the following actions within the next 30 days after July 16, 2007 (the effective date of this AD):

(1)Inspect and modify the auxiliary fuel tank system following Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-032, dated January 23, 2007, as referenced in Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-032/1, dated January 24, 2007.

(2)Incorporate Doc. No. 7.02.01, Section 05-20-00, page 68a of Diamond Aircraft DA 42 AMM Temporary Revision AMM-TR-OÄM-42-056f, dated January 23, 2007, into the Airworthiness Limitations documents of the FAA-approved maintenance program (e.g., maintenance manual). The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may insert the information specified in paragraph (f)(2) of this AD into the maintenance program (e.g., maintenance manual). Make an entry into the aircraft records showing compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). Note 1: Doc. No. 7.02.01, Section 05-20-00, page 68a of Diamond Aircraft DA 42 AMM Temporary Revision AMM-TR-OÄM-42-056f, dated January 23, 2007, specifies additional repetitive inspections for the auxiliary tank vent system. FAA AD Differences Note 2: 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, Standards Staff, 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: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:

(816)329-4145; fax:

(816)329-4090. 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.

(3)Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.), 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)AD No: 2007-0047, dated February 23, 2007; Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-032/1, dated January 24, 2007; Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-032, dated January 23, 2007; and Diamond Aircraft DA 42 AMM Temporary Revision AMM-TR-OÄM-42-056f, dated January 23, 2007, for related information. Material Incorporated by Reference

(i)You must use Diamond Aircraft Industries GmbH Work Instruction WI-MSB-42-032, dated January 23, 2007, as referenced in Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-032/1, dated January 24, 2007, to do the actions required by this AD, unless the AD specifies otherwise.

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

(2)For service information identified in this AD, contact Diamond Aircraft Industries GmbH, N.A. Otto-Straβe 5, A-2700 Wiener Neustadt; telephone: +43 2622 26700; fax: +43 2622 26780; *e-mail: office@diamond-air.at.*

(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; 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 Kansas City, Missouri, on May 29, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10744 Filed 6-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-21434; Directorate Identifier 2004-NM-75-AD; Amendment 39-15092; AD 2007-12-14] RIN 2120-AA64 Airworthiness Directives; Boeing Model 727 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for all Boeing Model 727 airplanes. This AD requires repetitive inspections for cracks of the body skin, doubler, and bear strap at the forward edge of the upper and lower hinge cutouts of the forward entry door, related investigative actions, and corrective action if necessary. This AD also requires a preventive modification. This AD results from reports of skin and bear strap cracks at hinge cutouts of the forward entry door. We are issuing this AD to detect and correct cracks in the skin, doubler, and bear strap at the hinge cutouts of the forward entry door, which could result in rapid decompression of the airplane. DATES: This AD becomes effective July 16, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of July 16, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Berhane Alazar, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6577; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Boeing Model 727 airplanes. That NPRM was published in the **Federal Register** on June 14, 2005 (70 FR 34405). That NPRM proposed to require repetitive inspections for cracks of the body skin, doubler, and bear strap at the forward edge of the upper and lower hinge cutouts of the forward entry door, related investigative actions, and corrective action if necessary. That NPRM also proposed to require a preventive modification. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Refer to Latest Revision of Service Bulletin Boeing requests that we refer to Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006, in the NPRM (Revision 2, dated October 30, 2003, was the latest version of the service bulletin at the time the NPRM was issued and was referred to as the appropriate source of service information for doing the actions specified in the NPRM). Boeing states that Revision 3 of the service bulletin clarifies details described in the NPRM but does not increase the scope of the final rule. Boeing concludes that use of Revision 3 would necessitate fewer clarifying comments. We have reviewed Revision 3 of the service bulletin and concur with Boeing's assessment. Revision 3 provides the following information: • Corrects and clarifies fastener symbols in Figures 2, 4, 5, and 6, and revises the fastener code “F” to “D” where applicable. • Changes fastener part numbers and quantities in the Materials section to agree with data specified in Figures 2, 4, 5, and 6. • Adds more data to Paragraph 1.E., “Compliance,” and Table 1 in Appendix A to give more detail about airplane conditions, thresholds, and subsequent work. • Clarifies inspection and repeat inspection data in paragraph 3.B. of the Work Instructions. We have revised the final rule to refer to Revision 3 of the service bulletin as the appropriate source of service information for doing the required actions. We have also revised the descriptions of the actions specified in paragraphs

(h)and

(i)of the final rule to parallel the new descriptions in Revision 3 of the service bulletin. We have also clarified the inspection area specified in paragraph

(g)of the final rule. We also removed paragraph

(n)of the NPRM from the final rule (and re-identified subsequent paragraphs accordingly) because the information specified in paragraph

(n)of the NPRM is now included in Revision 3 of the service bulletin. We have also added new paragraph

(o)to the final rule to allow credit for actions done in accordance with Boeing Alert Service Bulletin 727-53A0198, Revision 2, dated October 30, 2003. Request To Revise Grace Period in Paragraph

(j)of the NPRM Boeing requests that we revise the grace period specified in paragraph

(j)of the NPRM for the preventive modification from “within 3,000 flight cycles after the effective date of this AD” to “within the earlier of 4 years or 7,200 flight cycles after the effective date of this AD.” Boeing states the new grace period would match the grace period specified in AD 90-06-09, amendment 39-6488 (55 FR 8370, March 7, 1990), which mandates airplane modification requirements. Boeing notes that the “preventive modification requirement is based on Structures Task Group

(STG)recommendations found in Boeing Document D6-54860 per AD 90-06-09.” Boeing states that the 4-year grace period specified in AD 90-06-09 allows operators to schedule airplane modifications during major maintenance checks. We agree to revise the grace period. AD 90-06-09 and this final rule require certain airplane modifications at 60,000 flight cycles. Coordinating the grace period allows operators to schedule the airplane modifications at the same time. We have determined that extending the grace period, as recommended by the manufacturer, will not adversely affect safety. We have revised the grace period in paragraph

(j)of this final rule from “within 3,000 flight cycles after the effective date of this AD” to “within 48 months or 7,200 flight cycles, after the effective date of this AD, whichever occurs earlier.” Request to Revise References to Fillers and Shims Boeing requests that we revise paragraph (h)(1) of the NPRM from “if the filler or shim is missing” to “if the filler is not present” and that we revise paragraph (h)(2) of the NPRM from “if the filler and shim are not missing” to “if the filler is present.” Boeing also requests that we make these same changes in two paragraphs of the Relevant Service Information section of the NPRM. Boeing states that the inspection is made to determine if the filler is present or not, which is easier to understand than determining if it is missing or not missing. Boeing also states that references to a shim may be confusing because the service bulletin specifies that a filler is what is to be installed. Boeing notes that local shims may have been installed to allow local fit-up; however, a filler is considerably larger and is required for the quality of the general repair accomplishment. We agree because of the reasons stated by the commenter. We have revised paragraphs (h)(1) and (h)(2) of the final rule accordingly. We have also revised paragraph

(h)of the final rule to remove the reference to the shim. We have also added a clarification in paragraph

(h)that airplanes on which the actions specified in Boeing Service Bulletin 727-53-0198, Revision 1, dated July 25, 1991, have been done do not need the inspection to determine if a filler was installed. However, because the Relevant Service Information section of the NPRM is not restated in the final rule, we have not changed the final rule in that regard. Request To Specify Modification Installation Boeing requests that we revise paragraphs (h)(1)(i) and (h)(2)(i) of the NPRM to include “install modification” in the description of the action; i.e., “* * * oversize the fastener holes and install modification in accordance with * * *.” Boeing states that it is clearer to complete the information to include the modification installation beyond just inspecting and oversizing the fastener holes. We partially agree with the commenter. We agree that adding installation information will communicate more completely the requirements of the final rule. However, instead of adding “install modification” to the description in paragraphs (h)(1)(i) and (h)(2)(i) of the final rule, we have added the phrase “and re-install the repair or preventive modification” to those paragraphs to clarify that it could be either a repair or modification that is being re-installed. Request To Clarify Reason for Modification Boeing requests that we revise the “FAA's Determination and Requirements of the Proposed AD” section of the NPRM to clarify the reason we are requiring the modification. Boeing suggests that the statement that the preventive modification will be required should be revised to include the following: “[The] preventive modification requirement is based on Structures Task Group

(STG)recommendations found in Boeing Document D6-54860 per AD 90-06-09.” We agree with the commenter that its statement provides a rationale for the preventive modification requirements of the final rule. However, because the “FAA's Determination and Requirements of the Proposed AD” section of the NPRM is not restated in the final rule, we have not changed the final rule in this regard. Request To Revise Paragraphs

(o)and

(p)of the NPRM Boeing requests that paragraph

(o)of the NPRM be revised to more clearly state the actions or integrate the thresholds into paragraph

(p)of the NPRM. Boeing states that paragraphs (o)(1) and (o)(2) of the NPRM are incomplete and that paragraph (o)(1) of the NPRM includes a sentence that is more of a clarification that belongs in paragraph

(o)of the NPRM. We agree that although paragraphs

(o)and

(p)of the NPRM are functional, the paragraphs could be revised for clarity. The initial and repetitive inspections that are specified in paragraphs

(o)and

(p)of the final rule are to be done after a repair or modification has been done. For clarity, we have added the repetitive inspections to paragraph

(i)of the final rule. Paragraph

(i)of the final rule specifies to do the initial inspections after a repair or modification is accomplished. As a result of these changes, we have removed paragraphs

(o)and

(p)of the NPRM from the final rule (and re-identified subsequent paragraphs accordingly). We have also revised paragraph (p)(4) of the final rule (which we referred to as paragraph (r)(2) in the NPRM) to refer to paragraph

(i)of the final rule as the method of compliance to paragraph

(g)of AD 98-11-03 R1, amendment 39-10983. Clarification of Unsafe Condition Statement We have revised the unsafe condition statement in the summary and in paragraph

(d)of this final rule. In addition to detecting and correcting cracks in the skin and bear strap at the hinge cutouts of the forward entry door, this final rule is also issued to detect and correct cracks in the doubler. We have revised the unsafe condition statement accordingly. The actions specified in the NPRM were adequate; however, the unsafe condition did not specify all the areas that were proposed to be inspected. We are not expanding the scope in the final rule. Clarification of Alternative Method of Compliance

(AMOC)Paragraph We have revised paragraph

(p)of this final rule to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. We have also revised paragraph

(p)of this final rule to allow any crack in the subject area to be repaired according to data that conform to the airplane's type certificate and that are approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization whom we have authorized to make such findings. We have simplified paragraph (m)(2) of this final rule by referring to paragraph

(p)of this final rule for repair methods. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 1,015 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Cost per airplane Number of U.S. airplanes Fleet cost Inspection 7 $80 $560, per inspection cycle 589 $329,840, per inspection cycle. Preventive modification 40 80 $3,200 589 $1,884,800. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-12-14 Boeing:** Amendment 39-15092. Docket No. FAA-2005-21434; Directorate Identifier 2004-NM-75-AD. Effective Date

(a)This AD becomes effective July 16, 2007. Affected ADs

(b)None Applicability

(c)This AD applies to all Boeing Model 727, 727C, 727-100, 727-100C, 727-200, and 727-200F series airplanes, certificated in any category. Unsafe Condition

(d)This AD was prompted by reports of skin and bear strap cracks at hinge cutouts of the forward entry door. We are issuing this AD to detect and correct cracks in the skin, doubler, and bear strap at the hinge cutouts of the forward entry door, which could result in rapid decompression of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Service Bulletin Reference

(f)The term “the service bulletin,” as used in this AD, means Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006. Although the service bulletin referenced in this AD specifies to submit certain information to the manufacturer, this AD does not include that requirement. Initial and Repetitive Inspections for Airplanes on Which No Actions Have Been Done

(g)For airplanes on which no repair or preventive modification has been done before the effective date of this AD in accordance with Boeing Service Bulletin 727-53-0198, dated January 11, 1990; Boeing Service Bulletin 727-53-0198, Revision 1, dated July 25, 1991; Boeing Alert Service Bulletin 727-53A0198, Revision 2, dated October 30, 2003; or Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006: Within 3,000 flight cycles after the effective date of this AD, do detailed and high frequency eddy current

(HFEC)inspections for cracks of the skin, doubler, and bear strap at the upper and lower hinge cutout of the forward entry door in accordance with the Accomplishment Instructions of Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006.

(1)If no crack is found, before further flight, apply finishes in accordance with the Accomplishment Instructions of the service bulletin and repeat the inspections required by paragraph

(g)of this AD thereafter at intervals not to exceed 3,000 flight cycles, until the preventive modification required by paragraph

(j)of this AD or a repair required by paragraph

(m)of this AD is done.

(2)If any crack is found, before further flight, do the repair specified in paragraph

(m)of this AD. Inspections for Airplanes on Which Certain Actions Have Been Done

(h)For airplanes on which any repair or preventive modification has been done before the effective date of this AD in accordance with Boeing Service Bulletin 727-53-0198, dated January 11, 1990; or in accordance with Boeing Service Bulletin 727-53-0198, Revision 1, dated July 25, 1991, and on which the existing fastener holes were not HFEC inspected and oversized by 1/16 of an inch in accordance with step 3.B.9. of the Accomplishment Instructions of Boeing Alert Service Bulletin 727-53A0198, Revision 2, dated October 30, 2003, or Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006: Within 12,000 flight cycles after the repair or preventive modification was done or within 3,000 flight cycles after the effective date of this AD, whichever is later, do a detailed inspection to determine if a filler was installed below the S-10 lap joint common to the upper hinge cutout, an internal HFEC inspection for cracks of the bear strap, and an external detailed inspection for cracks of the repair or preventive modification and its periphery, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006. Airplanes on which the actions specified in Boeing Service Bulletin 727-53-0198, Revision 1, dated July 25, 1991, have been done do not need the inspection to determine if a filler was installed.

(1)For airplanes on which the filler is not present: Before further flight, remove the external doubler, do detailed and HFEC inspections for cracks at the hinge cutout areas specified in Figure 1 of the service bulletin, and do an HFEC inspection of the pre-existing fastener holes for cracks, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006.

(i)If no crack is found, before further flight, oversize the fastener holes and re-install the repair or preventive modification in accordance with the Accomplishment Instructions of the service bulletin.

(ii)If any crack is found, before further flight, do the repair specified in paragraph

(m)of this AD.

(2)For airplanes on which the filler is present and for airplanes on which the actions specified in Boeing Service Bulletin 727-53-0198, Revision 1, dated July 25, 1991, have been done: Before further flight, do an HFEC inspection of the pre-existing fastener holes for cracks in accordance with the Accomplishment Instructions of Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006.

(i)If no crack is found, before further flight, oversize the fastener holes and, as applicable, re-install the repair or preventive modification, in accordance with the Accomplishment Instructions of the service bulletin.

(ii)If any crack is found, before further flight, do the repair specified in paragraph

(m)of this AD. Inspections for Airplanes On Which a Repair/Modification Has Been Done

(i)For airplanes identified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD: Within 40,000 flight cycles after the original repair or preventive modification was done or within 3,000 flight cycles after the effective date of this AD, whichever is later, do an internal HFEC inspection of the bear strap and an external detailed inspection for cracks of the repair or preventive modification and its periphery in accordance with the Accomplishment Instructions of Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006. Repeat the HFEC inspection for cracks of the bear strap thereafter at intervals not to exceed 20,000 flight cycles. Repeat the detailed inspection for cracks of any repair and preventive modification and its periphery thereafter at intervals not to exceed 3,000 flight cycles. If any crack is found, before further flight, do the repair specified in paragraph

(m)of this AD.

(1)Airplanes on which any repair or preventive modification has been done before the effective date of this AD in accordance with Boeing Service Bulletin 727-53-0198, dated January 11, 1990; or Revision 1, dated July 25, 1991. If a repair/preventative modification has been done in accordance with the original issue or Revision 1 of Boeing Service Bulletin 727-53-0198 and a repair/preventative modification has been done in accordance with Revision 2 of Boeing Alert Service Bulletin 727-53A0198 or Revision 3 of Boeing Service Bulletin 727-53A0198, the flight cycles must be counted from the first repair/preventative modification.

(2)Airplanes on which any repair or preventive modification has been done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 727-53A0198, Revision 2, dated October 30, 2003.

(3)Airplanes on which any repair or preventive modification has been done in accordance with Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006. Preventive Modification

(j)At the later of the times specified in paragraphs (j)(1) and (j)(2) of this AD: Do the preventive modification (including HFEC inspection) in accordance with the Accomplishment Instructions of Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006. Doing the preventive modification terminates the repetitive inspections required by paragraph (g)(1) of this AD.

(1)Before the accumulation of 60,000 total flight cycles.

(2)Within 48 months or 7,200 flight cycles, after the effective date of this AD, whichever occurs earlier. Note 1: Repairs or preventive modifications that were done using Boeing Service Bulletin 727-53-0198, dated January 11, 1990; or Revision 1, dated July 25, 1991; are not considered acceptable for complying with the requirements of paragraph

(j)of this AD.

(k)In lieu of the preventive modification required by paragraph

(j)of this AD, doing the applicable repair specified in paragraph

(m)of this AD is acceptable.

(l)In lieu of the preventive modification required by paragraph

(j)of this AD, doing the actions specified in paragraph

(h)or

(i)of this AD is acceptable for the airplanes identified in those paragraphs. Repair

(m)If any crack is found during any inspection, preventive modification, or repair required by this AD, before further flight, do the applicable repair (including HFEC inspection) specified in paragraph (m)(1) or (m)(2) of this AD, as applicable. Doing the repair terminates the repetitive inspections required by paragraph (g)(1) of this AD. Doing the repair is acceptable for compliance with the requirements of paragraph

(j)of this AD provided the repair is done within the time specified in that paragraph.

(1)If the crack does not exceed the limits described in the service bulletin, repair the crack in accordance with the applicable procedures in the Accomplishment Instructions of Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006.

(2)If the crack exceeds the limits described in Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006, and the service bulletin specifies to contact Boeing, or if the service bulletin specifies to repair before further flight and contact Boeing: Repair the crack using a method approved in accordance with the procedures specified in paragraph

(p)of this AD. No Requirement To Contact Boeing

(n)Although paragraphs 3.B.9. and 3.B.10. of the Accomplishment Instructions of Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006, specify to contact Boeing after repairing cracks, this AD does not include that requirement. Actions Accomplished According to Previous Issue of Service Bulletin

(o)Actions accomplished before the effective date of this AD in accordance with Boeing Alert Service Bulletin 727-53A0198, Revision 2, dated October 30, 2003, are considered acceptable for compliance with the corresponding action specified in this AD. Alternative Methods of Compliance (AMOCs) (p)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using 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.

(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

(4)The inspections specified in paragraph

(i)of this AD are approved as a method of compliance

(MOC)to paragraph

(g)of AD 98-11-03 R1, amendment 39-10983, for the inspections of Structurally Significant Items

(SSI)F-13A and F-14A of Supplemental Structural Inspection Document (SSID), D6-48040-1, affected by the repair or modification. The MOC applies only to the areas inspected in accordance with the service bulletin. All provisions of AD 98-11-03 R1 that are not specifically referenced in paragraphs (p)(4) and (p)(5) of this AD remain fully applicable and must be complied with.

(5)For airplanes on which no repair or preventive modification has been done in accordance with Boeing Service Bulletin 727-53-0198, dated January 11, 1990; Boeing Service Bulletin 727-53-0198, Revision 1, dated July 25, 1991; Boeing Alert Service Bulletin 727-53A0198, Revision 2, dated October 30, 2003; or Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006: The inspections and actions specified in paragraph

(g)of this AD are approved as a MOC to paragraph

(c)of AD 98-11-03 R1 for the inspections of SSI F-13A and F-14A of SSID, D6-48040-1. This MOC applies only to the areas inspected in accordance with the service bulletin. All other provisions of AD 98-11-03 R1 that are not specifically referenced in paragraphs (p)(4) and (p)(5) of this AD remain fully applicable and must be complied with. Material Incorporated by Reference

(q)You must use Boeing Service Bulletin 727-53A0198, Revision 3, dated October 2, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, 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. E7-10983 Filed 6-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27806; Directorate Identifier 2006-NM-287-AD; Amendment 39-15090; AD 2007-12-12] RIN 2120-AA64 Airworthiness Directives; Dassault Model Mystere-Falcon 50 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. 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: * * * discovery of interferences between the power wire supplying the galley's coffee-maker and the surrounding structure. These interferences might, by chafing and degrading the wire insulation, generate short circuits between the wire and the aircraft ground through the composite cabinet structure, without activation of the Circuit Breaker (C/B). Several hot spots may then be created and generate a large amount of thick smokes just behind the cockpit. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective July 16, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 16, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington DC. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1137; fax

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on April 9, 2007 (72 FR 17443). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: This Airworthiness Directive

(AD)is issued following discovery of interferences between the power wire supplying the galley's coffee-maker and the surrounding structure. These interferences might, by chafing and degrading the wire insulation, generate short circuits between the wire and the aircraft ground through the composite cabinet structure, without activation of the Circuit Breaker (C/B). Several hot spots may then be created and generate a large amount of thick smokes just behind the cockpit. This AD aims to prevent this kind of incident, mandating a wire inspection [for damaged wire sleeves], a check for a proper clearance and if necessary a wire re-routing. The MCAI also requires disabling the galley's coffee-maker, and, in addition to wire re-routing, any required corrective actions. (Corrective actions include replacing worn or defective wire sleeves and shortening wires.) You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This 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 our FAA policies. Any such differences are highlighted in a Note within the AD. Costs of Compliance Based on the service information, we estimate that this AD will affect about 44 products of U.S. registry. We also estimate that it will take about 46 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the AD on U.S. operators to be $161,920, or $3,680 per product. 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. 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 the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone

(a)This airworthiness directive

(AD)becomes effective July 16, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Dassault Model Mystere-Falcon 50 airplanes; certificated in any category; with serial number 275 through 293 and 295 through 303 and 305 through 330 inclusive, with the exception of airplanes which have already embodied the Dassault Service Bulletin F50-456. Subject

(d)Electrical Power; Equipment/Furnishings. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: This Airworthiness Directive

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

(1)Within 50 flight hours or 1 month after the effective date of this AD, whichever occurs first, disable the galley's coffee-maker by pulling and locking out the circuit breaker 710HG, as instructed in Dassault Service Bulletin F50-471, dated October 25, 2006.

(2)Within 1,530 flight hours or 24 months after the effective date of this AD, whichever occurs first, inspect for damaged wire sleeves, check their proper clearance, and if a discrepancy is found, prior to next flight, proceed to do all applicable corrective actions as indicated in the Accomplishment Instructions of Dassault Service Bulletin F50-456, dated October 25, 2006. Doing the actions specified in this paragraph terminates the requirements of paragraph (f)(1) of this AD, and after the actions have been done, the circuit breaker collar required by paragraph (f)(1) of this AD may be removed. FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: The MCAI does not indicate that doing the actions specified in Dassault Service Bulletin F50-456, dated October 25, 2006, terminates the requirement to disable the coffee-maker. This AD indicates that doing the actions specified in Dassault Service Bulletin F50-456 terminates the requirements to disable the coffee-maker, and after the actions have been done, the circuit breaker collar may be removed. 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, Transport Airplane Directorate, 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: Tom Rodriguez, Aerospace Engineer, 1601 Lind Avenue, SW., Renton, Washington 98057-3356, telephone

(425)227-1137; fax

(425)227-1149. 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.

(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 Emergency Airworthiness Directive 2006-0329-E, dated October 25, 2006; Dassault Service Bulletin F50-471, dated October 25, 2006; and Dassault Service Bulletin F50-456, dated October 25, 2006; for related information. Material Incorporated by Reference

(i)You must use the service information specified in Table 1 of this AD to do the actions required by this AD, unless the AD specifies otherwise.

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

(2)For service information identified in this AD, contact Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606.

(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Table 1.—Material Incorporated by Reference Dassault Service Bulletin Revision level Date F50-456 Original October 25, 2006. F50-471 Original October 25, 2006. Issued in Renton, Washington, on May 30, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10991 Filed 6-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27525; Directorate Identifier 2006-NM-159-AD; Amendment 39-15089; AD 2007-12-11] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-300, 747-400, 747-400D, 747SR, and 747SP Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to certain Boeing Model 747 airplanes. That AD currently requires repetitive inspections to detect cracks and/or corrosion of the girt bar support fitting at certain main entry doors (MED), and repair or replacement of the support fitting. The existing AD also provides for various terminating actions for the repetitive inspections. This new AD requires the following additional actions: An inspection, for certain airplanes, for correct installation of square and conical washers in the girt bar support fitting; an inspection, for certain other airplanes, to determine if the washers are installed; and related investigative and corrective action if necessary. This AD results from a report that the square and conical washers may be installed incorrectly in the girt bar support fitting on airplanes on which the support fitting was repaired or replaced in accordance with the requirements of the existing AD. We are issuing this AD to detect and correct corrosion of the girt bar support fitting, which could result in separation of the escape slide from the lower door sill during deployment, and subsequently prevent proper operation of the escape slides at the main entry doors during an emergency. We are also issuing this AD to detect and correct incorrect installation of the square and conical washers in the girt bar support fitting, which could result in failure of the escape slide when deployed. DATES: This AD becomes effective July 16, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of July 16, 2007. On December 16, 1996 (61 FR 58318, November 14, 1996), the Director of the Federal Register approved the incorporation by reference of Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Patrick Gillespie, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6429; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 96-23-05, amendment 39-9810 (61 FR 58318, November 14, 1996). The existing AD applies to certain Boeing Model 747 airplanes. That NPRM was published in the **Federal Register** on March 15, 2007 (72 FR 12136). That NPRM proposed to continue to require repetitive inspections to detect cracks and/or corrosion of the girt bar support fitting at certain main entry doors (MED), and repair or replacement of the support fitting. The existing AD also provides for various terminating actions for the repetitive inspections. The NPRM also proposed to require the following additional actions: An inspection, for certain airplanes, for correct installation of square and conical washers in the girt bar support fitting; an inspection, for certain other airplanes, to determine if the washers are installed; and related investigative and corrective action if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the single comment that has been received on the NPRM. The commenter, Boeing, supports the NPRM. Clarification of Alternative Method of Compliance

(AMOC)Paragraph We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. Conclusion We have carefully reviewed the available data, including the comment that has been received, and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 1,012 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. The average labor rate per work hour is $80. The cost varies depending on the configuration of the airplane. Estimated Costs Action Work hours Cost per airplane Number of U.S.-registered airplanes Fleet cost Inspection of MEDs (required by AD 96-23-05) Between 88 and 102 Between $7,040 and $8,160, per inspection cycle 169 Between $1,189,760 and $1,379,040, per inspection cycle. Inspection for correct installation (new required action) 6 $480 Up to 169 Up to $81,120. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-9810 (61 FR 58318, November 14, 1996) and by adding the following new airworthiness directive (AD): **2007-12-11 Boeing:** Amendment 39-15089. Docket No. FAA-2007-27525; Directorate Identifier 2006-NM-159-AD. Effective Date

(a)This AD becomes effective July 16, 2007. Affected ADs

(b)This AD supersedes AD 96-23-05. Applicability

(c)This AD applies to Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-300, 747-400, 747-400D, 747SR, and 747SP series airplanes, certificated in any category, line numbers 1 through 868 inclusive. Unsafe Condition

(d)This AD results from reports that, during scheduled deployment tests of main entry door slides, corrosion was found on the floor structure supports for the escape slides of the main deck entry doors on these airplanes. This AD also results from a report that the square and conical washers may be installed incorrectly in the girt bar support fitting on airplanes on which the support fitting was repaired or replaced in accordance with the requirements of AD 96-23-05. We are issuing this AD to detect and correct corrosion of the girt bar support fitting, which could result in separation of the escape slide from the lower door sill during deployment, and subsequently prevent proper operation of the escape slides at the main entry doors during an emergency. We are also issuing this AD to detect and correct incorrect installation of the square and conical washers in the girt bar support fitting, which could result in failure of the escape slide when deployed. 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 96-23-05 With New Service Information Doors Exempt From/Affected by This AD

(f)The requirements of this AD are not applicable to doors where an escape slide or slide/raft is not installed or is not used for passenger egress (such as a deactivated door 3, at doors 4 and/or 5 of an airplane being operated in the “combi” configuration, or any door not used for passenger egress in a “convertible” (an airplane configured for quick change from passenger to cargo)). The requirements of this AD are also not applicable to doors on airplanes converted to an all-cargo configuration. The requirements of this AD become applicable at the time when an escape slide or slide/raft is installed on such doors, or when such doors are activated and/or converted for passenger use. The requirements also become applicable at the time an airplane operating in an all-cargo configuration is converted to a passenger or passenger/cargo configuration. Inspections and Corrective Actions for Airplanes Equipped With Main Entry Door

(MED)1

(g)For airplanes equipped with MED 1: Prior to the accumulation of 16 years of service since date of manufacture of the airplane, or within 18 months after December 16, 1996 (the effective date of AD 96-23-05), whichever occurs later, perform a detailed inspection to detect cracking and/or corrosion of the girt bar support fitting at the left and right MED 1, in accordance with Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used.

(h)If no cracking or corrosion is found during the inspection required by paragraph

(g)of this AD, prior to further flight, accomplish either paragraph (h)(1) or (h)(2) of this AD, in accordance with the applicable instructions specified in Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used.

(1)Install a new fitting with new fasteners, and reinstall the threshold assembly with new corrosion-resistant fasteners, in accordance with the service bulletin. After these actions are accomplished, no further action is required by paragraph

(h)of this AD; or

(2)Reinstall the threshold assembly with corrosion-resistant fasteners, in accordance with the service bulletin. Thereafter, repeat the inspection required by paragraph

(g)of this AD at intervals not to exceed 6 years.

(i)If any cracking is found during the inspection required by paragraph

(g)or (h)(2) of this AD, prior to further flight, install a new fitting with new fasteners, and reinstall the threshold assembly with new corrosion-resistant fasteners, in accordance with Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used. After these actions are accomplished, no further action is required by this paragraph.

(j)If any corrosion is found during the inspection required by paragraph

(g)or (h)(2) of this AD, prior to further flight, accomplish either paragraph (j)(1) or (j)(2) of this AD, in accordance with Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used.

(1)Install a new fitting with new fasteners, and reinstall the threshold assembly with new corrosion-resistant fasteners in accordance with the service bulletin. After these actions are accomplished, no further action is required by this paragraph; or

(2)Blend out corrosion in accordance with the service bulletin.

(i)If blend out of corrosion is beyond 10 percent of original thickness or any crack is found during accomplishment of the blend out procedures, install a new fitting with new fasteners, and reinstall the threshold assembly with new corrosion-resistant fasteners, in accordance with the service bulletin. After these actions are accomplished, no further action is required by this paragraph.

(ii)If blend out of corrosion does not exceed 10 percent of original material thickness, accomplish either paragraph (j)(2)(ii)(A) or (j)(2)(ii)(B) of this AD:

(A)Install a new fitting with new fasteners, and reinstall threshold assembly with new corrosion-resistant fasteners, in accordance with the service bulletin. After these actions are accomplished, no further action is required by this paragraph; or

(B)Install the repaired fitting with new fasteners and reinstall the threshold assembly with corrosion-resistant fasteners, in accordance with the service bulletin. Thereafter, repeat the inspection and applicable corrective actions required by paragraph

(g)of this AD at intervals not to exceed 6 years. Inspections and Corrective Actions for Airplanes Equipped With MED 2, 4, and/or 5 (MED 2, 3, and/or 4 on Model 747SP Series Airplanes)

(k)For airplanes equipped with MED 2, 4, and/or 5 (MED 2, 3, and/or 4 on Model 747SP series airplanes): Prior to the accumulation of 10 years of service since date of manufacture of the airplane, or within 18 months after December 16, 1996, whichever occurs later, perform a detailed inspection to detect cracking and/or corrosion of the girt bar support fitting at the left and right MED 2, 4, and 5 (MED 2, 3, and 4 on Model 747SP series airplanes), in accordance with Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used.

(l)If no cracking or corrosion is found during the inspection required by paragraph

(k)of this AD, prior to further flight, accomplish either paragraph (l)(1) or (l)(2) of this AD, in accordance with the applicable instructions in Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used.

(1)Remove the inspected fitting and reinstall it with a new coat of primer and new fasteners; and reinstall the threshold assembly with new corrosion-resistant fasteners; in accordance with the service bulletin. After these actions are accomplished, no further action is required by this paragraph; or

(2)Reinstall the serrated plate assembly and the girt bar floor fitting with corrosion-resistant fasteners, in accordance with the service bulletin. Thereafter, repeat the inspection required by paragraph

(k)of this AD at intervals not to exceed 6 years.

(m)If any cracking is found during the inspection required by paragraph

(k)or (l)(2) of this AD, prior to further flight, install a new fitting with new fasteners, and reinstall the threshold assembly with new corrosion-resistant fasteners, in accordance with Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used. After these actions are accomplished, no further action is required by this paragraph.

(n)If any corrosion is found during the inspection required by paragraph

(k)or (l)(2) of this AD, prior to further flight, accomplish either paragraph (n)(1) or (n)(2) of this AD, in accordance with Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747- 53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used.

(2)Blend out corrosion in accordance with the service bulletin.

(ii)If blend out of corrosion does not exceed 10 percent of original material thickness, install the repaired fitting with new fasteners, and reinstall the threshold assembly with new corrosion-resistant fasteners, in accordance with the service bulletin. After these actions are accomplished, no further action is required by this paragraph.

(o)For airplanes equipped with main entry door

(MED)3 (this paragraph does not apply to Model 747SP series airplanes): Prior to the accumulation of 16 years of service since date of manufacture of the airplane, or within 18 months after December 16, 1996, whichever occurs later, perform a detailed inspection to detect cracking and/or corrosion of the girt bar support angles at the left and right MED 3, in accordance with Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used.

(p)If no cracking or corrosion is found during the inspection required by paragraph

(o)of this AD, prior to further flight, accomplish either paragraph (p)(1) or (p)(2) of this AD in accordance with the applicable instructions in Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used.

(1)Remove the inspected angle and reinstall it with a new coat of primer and new fasteners; and reinstall the threshold assembly with new corrosion-resistant fasteners; in accordance with the service bulletin. After these actions are accomplished, no further action is required by this paragraph; or

(2)Reinstall the corner scuff plate and the threshold apron with corrosion-resistant fasteners, in accordance with the service bulletin. Thereafter, repeat the inspection required by paragraph

(o)of this AD at intervals not to exceed 6 years.

(q)If any crack common to the support angles is found during the inspection required by paragraph

(o)or (p)(2) of this AD, prior to further flight, accomplish the actions specified in paragraph (q)(1) or (q)(2), as applicable, in accordance with Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used:

(1)Install the new angles with new fasteners, and reinstall the threshold assembly with new corrosion-resistant fasteners. After these actions are accomplished, no further action is required by this paragraph of this AD; or

(2)For any cracking found only in the corner casting as specified in the service bulletin, accomplish either paragraph (q)(2)(i) or (q)(2)(ii) prior to further flight:

(i)Replace the corner casting in accordance with the service bulletin; or

(ii)Repair the cracked part in accordance with a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. Refer to paragraph

(w)of this AD for the appropriate procedure for seeking such an approval. (This option is provided in order to give operators time to obtain a replacement corner casing without grounding an airplane.) This repair is considered temporary action only; replacement of the corner casting eventually must be accomplished in accordance with a schedule prescribed by the Manager, Seattle ACO.

(r)If any corrosion is found during the inspection required by paragraph

(o)of this AD, prior to further flight, accomplish either paragraph (r)(1) or (r)(2) of this AD, in accordance with Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005. After the effective date of this AD, only Revision 3 may be used.

(1)Install the new angles with new fasteners, and reinstall the threshold assembly with new corrosion-resistant fasteners, in accordance with the service bulletin. After these actions are accomplished, no further action is required by this paragraph; or

(2)Blend out corrosion in accordance with the service bulletin.

(i)If blend out of corrosion is beyond 10 percent of original thickness, or if any crack common to the support angles is found during accomplishment of the blend out procedures, install the new angles with new fasteners, and reinstall the threshold assembly with new corrosion-resistant fasteners, in accordance with the service bulletin. After these actions are accomplished, no further action is required by this paragraph.

(ii)If blend out of corrosion does not exceed 10 percent of original material thickness, install the repaired angles with new fasteners, and reinstall the threshold assembly with new corrosion-resistant fasteners, in accordance with the service bulletin. After these actions are accomplished, no further action is required by this paragraph. Actions Accomplished According to Previous Issue of Service Bulletin

(s)Installation of a girt bar support fitting in accordance with Boeing Service Bulletin 747-25A2831, dated August 29, 1991, before the effective date of this AD, is considered acceptable for compliance with the corresponding requirements of paragraphs (h), (i), (j), (l), (m), and

(n)of this AD for each affected fitting location. New Requirements of This AD Inspections for the Washers and Related Investigative/Corrective Actions

(t)For Groups 7, 8, and 9 airplanes identified in Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005, on which the support fitting was replaced or repaired in accordance with Boeing Service Bulletin 747-53A2378, dated June 24, 1993; Revision 1, dated March 10, 1994; or Revision 2, dated July 24, 2003; or Boeing Service Bulletin 747-25A2831, dated August 29, 1991: Within 18 months after the effective date of this AD, do a general visual inspection for correct installation of square and conical washers in the girt bar floor fittings, and, before further flight, do all applicable related investigative and corrective actions. Do all actions in accordance with Figure 18 and the applicable steps specified on page 52 in the Accomplishment Instructions of Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005, except as provided by paragraph

(v)of this AD.

(u)For Groups 1 through 6 airplanes identified in Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005, on which the support fitting was replaced or repaired in accordance with Boeing Service Bulletin 747-53A2378, dated June 24, 1993; Revision 1, dated March 10, 1994; or Revision 2, dated July 24, 2003; or with Boeing Service Bulletin 747-25A2831, dated August 29, 1991: Within 18 months after the effective date of this AD, do a general visual inspection to determine if square and conical washers are installed in the girt bar floor fittings, and before further flight, do all applicable related investigative and corrective actions. Do all actions in accordance with Figure 18 and the applicable steps specified on pages 52 and 53 in the Accomplishment Instructions of Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005, except as provided by paragraph

(v)of this AD.

(v)If any damage is found during any inspection required by paragraphs

(t)and

(u)of this AD, and Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005, specifies contacting Boeing for appropriate action: Before further flight, do the repair using a method approved by the Manager, Seattle ACO, or in accordance with data meeting the certification basis of the airplane approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Alternative Methods of Compliance (AMOCs) (w)(1) The Manager, Seattle ACO, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

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

(3)AMOCs approved previously in accordance with AD 96-23-05, are approved as AMOCs for the corresponding provisions of this AD. Material Incorporated by Reference

(x)You must use Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994; or Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 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 Boeing Service Bulletin 747-53A2378, Revision 3, dated August 11, 2005, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On December 16, 1996 (61 FR 58318, November 14, 1996), the Director of the Federal Register approved the incorporation by reference of Boeing Service Bulletin 747-53A2378, Revision 1, dated March 10, 1994.

(3)Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, 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 30, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10982 Filed 6-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27071; Directorate Identifier 2007-CE-004-AD; Amendment 39-15084; AD 2007-12-06] RIN 2120-AA64 Airworthiness Directives; Hawker Beechcraft Corporation (Type Certificate

(TC)No. 3A20 and TC No. A24CE Formerly Held by Raytheon Aircraft Corporation and Beech) Models C90A, B200, B200C, B300, and B300C Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)that supersedes AD 2006-23-02, which applies to certain Hawker Beechcraft Corporation

(HBC)(Type Certificate

(TC)No. 3A20 and TC No. A24CE formerly held by Raytheon Aircraft Corporation and Beech) Models C90A, B200, B200C, B300, and B300C airplanes. AD 2006-23-02 currently requires you to inspect the flight controls for improper assembly or damage, and if any improperly assembled or damaged flight controls are found, take corrective action. Since we issued AD 2006-23-02, we have determined the need to add airplane serial numbers that were not previously included in the applicability. Consequently, this AD retains the actions of AD 2006-23-02 and adds airplane serial numbers to the applicability. We are issuing this AD to detect and correct improperly assembled or damaged flight controls, which could result in an unsafe condition by reducing capabilities of the flight controls and lead to loss of control. DATES: This AD becomes effective on July 16, 2007. On July 16, 2007, the Director of the Federal Register approved the incorporation by reference of Raytheon Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Rev. 1, December 2006, listed in this AD. As of December 13, 2006 (71 FR 65390 Nov. 8, 2006), the Director of the Federal Register approved the incorporation by reference of Raytheon Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Issued: February 2006, listed in this AD. ADDRESSES: For service information identified in this AD, contact Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001 or on the Internet at *http://dms.dot.gov.* The docket number is FAA-2007-27071; Directorate Identifier 2007-CE-004-AD. FOR FURTHER INFORMATION CONTACT: Chris B. Morgan, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Wichita, Kansas 67209; telephone:

(316)946-4154; fax:

(316)946-4107. SUPPLEMENTARY INFORMATION: Discussion On March 6, 2007, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain HBC Models C90A, B200, B200C, B300, and B300C airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on March 12, 2007 (72 FR 10949). The NPRM proposed to retain the actions of AD 2006-23-02 and add airplane serial numbers to the applicability. Comments We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 138 airplanes in the U.S. registry. We estimate the following costs to do the inspection: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 80 work-hours × $80 per hour = $6,400 Not Applicable $6,400 $883,200 We have no way of determining the number of airplanes that may need any corrective action that would be required based on the results of the proposed inspection. 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 AD. 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 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 summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2007-27071; Directorate Identifier 2007-CE-004-AD” in your request. 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 part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. FAA amends § 39.13 by adding the following new AD: **2007-12-06 Hawker Beechcraft Corporation Hawker Beechcraft Corporation (Type Certificate

(TC)No. 3A20 and TC No. A24CE formerly held by Raytheon Aircraft Corporation and Beech):** Amendment 39-15084; Docket No. FAA-2007-27071; Directorate Identifier 2007-CE-004-AD. Effective Date

(a)This AD becomes effective on July 16, 2007. Affected ADs

(b)This AD supersedes AD 2006-23-02, Amendment 39-14814. Applicability

(c)This AD applies to the following airplane models and serial numbers that are certificated in any category:

(1)Group 1 Airplanes (maintains the actions from AD 2006-23-02): Model Serial No.

(i)C90A LJ-1697 through LJ-1726, LJ-1728, LJ-1729, and LJ-1731 through LJ-1739.

(ii)B200 BB-1827 through BB-1912.

(iii)B200C BL-148 and BL-149.

(iv)B300 FL-379 through FL-423, FL-426, FL-428 through FL-450, and FL-452.

(v)B300C FM-11.

(2)Group 2 Airplanes: Model C90A, serial numbers LJ-1741 through LJ-1743. Unsafe Condition

(d)This AD results from our determination to add airplane serial numbers that were not previously included in the applicability. We are issuing this AD to detect and correct improperly assembled or damaged flight controls, which could result in an unsafe condition by reducing capabilities of the flight controls and lead to loss of control. Compliance

(e)To address this problem, you must do the following, unless already done: Actions Compliance Procedures

(1)Inspect the entire flight control system for improper assembly and any damage

(i)For Group 1 Airplanes: At whichever of the following occurs first:

(A)Within the next 100 hours time-in-service

(TIS)after December 13, 2006 (the effective date of AD 2006-23-02); or

(B)At the next annual inspection that occurs at least 30 days after December 13, 2006 (the effective date of AD 2006-23-02)

(ii)For Group 2 Airplanes: At whichever of the following occurs first:

(A)Within the next 100 hours TIS after July 16, 2007 (the effective date of this AD); or

(B)At the next annual inspection that occurs at least 30 days after July 16, 2007 (the effective date of this AD). Follow Raytheon Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Issued: February 2006; or Raytheon Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Rev. 1, Dated December 2006.

(2)If you find any improperly assembled or damaged flight controls as a result of the inspection required by paragraph (e)(1) of this AD, take corrective action as specified in the service information Before further flight after the inspection required by paragraph (e)(1) of this AD Follow Raytheon Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Issued: February 2006; or Raytheon Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Rev. 1, Dated December 2006. Alternative Methods of Compliance (AMOCs)

(f)The Manager, Wichita Aircraft Certification Office (ACO), 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: Chris B. Morgan, Aerospace Engineer, FAA, Wichita ACO, 1801 Airport Road, Wichita, Kansas 67209; telephone:

(316)946-4154; fax:

(316)946-4107. 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.

(g)AMOCs approved for AD 2006-23-02 are approved for this AD. Related Information

(h)To get copies of the service information referenced in this AD, contact Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC, or on the Internet at *http://dms.dot.gov.* The docket number is Docket No. FAA-2007-27071; Directorate Identifier 2007-CE-004-AD. Material Incorporated by Reference

(i)You must use Raytheon Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Issued: February 2006; or Raytheon Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Rev. 1, Dated December 2006, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of Raytheon Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Rev. 1, Dated December 2006, under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)On December 13, 2006 (71 FR 65390 Nov. 8, 2006), the Director of the Federal Register approved the incorporation by reference of Raytheon Aircraft Company Mandatory Service Bulletin Number SB 27-3761, Issued: February 2006.

(3)For service information identified in this AD, contact Hawker Beechcraft Corporation, P.O. Box 85, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140.

(4)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Issued in Kansas City, Missouri, on May 29, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-10758 Filed 6-8-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 10, 24, 162, 163, and 178 [USCBP-2007-0057; CBP Dec. 07-28] RIN 1505-AB48 United States-Singapore Free Trade Agreement AGENCIES: U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Interim rule; solicitation of comments. SUMMARY: This rule amends title 19 of the Code of Federal Regulations (“CFR”) on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the U.S.-Singapore Free Trade Agreement entered into by the United States and the Republic of Singapore. DATES: Interim rule effective June 11, 2007; comments must be received by August 10, 2007. ADDRESSES: You may submit comments, identified by docket number, by one of the following methods: • *Federal eRulemaking Portal:* *http://www.regulations.gov* . Follow the instructions for submitting comments via docket number USCBP-2007-0057. • *Mail:* Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229. *Instructions:* All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document. *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov* . Submitted comments may also be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. Customs and Border Protection, 799 9th Street, NW., 5th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at

(202)572-8768. FOR FURTHER INFORMATION CONTACT: *Textile Operational Aspects:* Robert Abels, Office of Field Operations,

(202)344-1959. *Other Operational Aspects:* Lori Whitehurst, Office of Field Operations,

(202)344-2722. *Audit Aspects:* Mark Hanson, Office of Regulatory Audit,

(202)344-2877. *Legal Aspects:* Edward Leigh, Office of International Trade,

(202)572-8810. SUPPLEMENTARY INFORMATION: I. Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the interim rule. CBP also invites comments that relate to the economic, environmental, or federalism effects that might result from this interim rule. Comments that will provide the most assistance to CBP in developing these procedures will reference a specific portion of the interim rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. See ADDRESSES above for information on how to submit comments. II. Background On May 6, 2003, the United States and the Republic of Singapore (the “Parties”) signed the U.S.-Singapore Free Trade Agreement (“SFTA”). The stated objectives of the SFTA include promoting open and competitive markets in trade between the Parties; promoting transparency and eliminating bribery and corruption in business transactions within the territories of the Parties; expanding trade in services between the Parties on a mutually advantageous basis; and, recognizing that liberalized trade in goods and services will assist the expansion of trade and investment flows, raise the standard of living and create new employment opportunities within the territories of the Parties. The provisions of the SFTA were adopted by the United States with the enactment of the United States-Singapore Free Trade Agreement Implementation Act (the “Act”), Pub. L. 108-78, 117 Stat. 948 (19 U.S.C. 3805 note) (2003). Section 206 of the Act requires that regulations be prescribed as necessary. U.S. Customs and Border Protection (“CBP”) is responsible for administering the provisions of the SFTA and the Act that relate to the importation of goods into the United States from Singapore. Those customs-related SFTA provisions which require implementation through regulation include certain tariff and non-tariff provisions within Chapter One (Establishment of a Free Trade Area and Definitions), Chapter Two (National Treatment and Market Access for Goods), Chapter Three (Rules of Origin), Chapter Four (Customs Administration), and Chapter Five (Textiles and Apparel). In Chapter One of the SFTA, certain general definitions in Article 1.2 have been incorporated in the SFTA implementing regulations. The tariff-related provisions within SFTA Chapter Two that require regulatory action by CBP are Article 2.6 (Goods re-entered after Repair or Alteration), Article 2.8 (Merchandise Processing Fee), and Article 2.12 (Tariff Preference Levels). Chapter Three of the SFTA sets forth the rules for determining whether an imported good qualifies as an originating good of the United States or Singapore (“SFTA country”) and, as such, is therefore eligible for preferential tariff (duty-free or reduced duty) treatment under the SFTA as provided for in the Harmonized Tariff Schedule of the United States (“HTSUS”). Under Article 3.1 of Chapter Three, originating goods may be grouped in three broad categories:

(1)Goods that are wholly obtained or produced entirely in one or both of the Parties;

(2)goods that are listed in Annex 3B (Integrated Sourcing Initiative) of the SFTA and are imported from the territory of Singapore; and

(3)goods that have been produced in one or both of the Parties so that each non-originating material satisfies the specific requirements in SFTA Annex 3A (change in tariff classification requirement and/or regional value content requirement). Article 3.2 provides originating status for goods covered by the Agreement's Integrated Sourcing Initiative. Article 3.3 provides a *de minimis* criterion. Article 3.4 allows production that takes place in the territory of both Parties to be accumulated such that, provided other requirements are met, the resulting good is considered originating. Article 3.5 sets forth the methods for calculating the regional value content of a good. Article 3.6 sets forth the rules for determining the value of materials for purposes of calculating the regional value content of a good and applying the *de minimis* rule. The remaining Articles within Section A of Chapter Three consist of additional sub-rules, applicable to the originating good concept, involving accessories, spare parts and tools, fungible materials, packaging materials, packing materials, indirect materials, and third country transportation. The basic rules of origin in Chapter Three of the SFTA are set forth in General Note 25, HTSUS. Section B of Chapter Three sets forth the procedural and recordkeeping requirements that apply under the SFTA, in particular with regard to claims for preferential tariff treatment; Section C sets forth consultation mechanisms among the parties; and Section D lists the definitions to be used within the context of the rules of origin in the Chapter. Chapter Four sets forth the customs operational provisions related to the implementation and continued administration of the SFTA. Chapter Five sets forth the measures relating to trade in textile and apparel goods between Singapore and the United States under the SFTA. In order to provide transparency and facilitate their use, the majority of the SFTA implementing regulations set forth in this document have been included within new Subpart I in Part 10 of the CBP regulations (19 CFR Part 10). However, in those cases in which SFTA implementation is more appropriate in the context of an existing regulatory provision, the SFTA regulatory text has been incorporated in an existing Part within the CBP regulations. In addition, this document sets forth a number of cross-references and other consequential changes to existing regulatory provisions to clarify the relationship between those existing provisions and the new SFTA implementing regulations. The regulatory changes are discussed below in the order in which they appear in this document. III. Discussion of Amendments Part 10 Section 10.31(f) concerns temporary importations under bond. It is amended by adding references to certain goods originating in Singapore for which, like goods originating in Canada, Mexico and Chile, no bond or other security will be required when imported temporarily for prescribed uses. The provisions of SFTA Article 2.5 (temporary admission of goods) are already reflected in existing temporary importation bond or other provisions contained in Part 10 of the CBP regulations and in Chapter 98 of the HTSUS. Part 10, Subpart I General Provisions Section 10.501 outlines the scope of new Subpart I, Part 10 of the CBP regulations. This section also clarifies that, except where the context otherwise requires, the requirements contained in Subpart I, Part 10 are in addition to general administrative and enforcement provisions set forth elsewhere in the CBP regulations. Thus, for example, the specific merchandise entry requirements contained in Subpart I, Part 10 are in addition to the basic entry requirements contained in Parts 141-143 of the CBP regulations. Section 10.502 sets forth definitions of common terms used in multiple contexts or places within Subpart I, Part 10. Although the majority of the definitions in this section are based on definitions contained in Articles 1.2, 3.19, and 5.11 and Annex 1A of the SFTA, and § 3 of the Act, other definitions have also been included to clarify the application of the regulatory texts. Additional definitions which apply in a more limited Subpart I, Part 10 context are set forth elsewhere with the substantive provisions to which they relate. Import Requirements Section 10.510 sets forth the procedure for claiming SFTA preferential treatment at the time of entry and, as provided in SFTA Article 3.13, states that an importer may make a claim for SFTA preferential treatment based on the importer's knowledge or information in the importer's possession that the good qualifies as an originating good. Section 10.510 also reflects that portion of SFTA Article 3.14 which requires an importer to promptly correct an invalid claim for preferential treatment in order to avoid being subject to penalties. Unlike certain other free trade agreements to which the United States is a Party, such as the North American Free Trade Agreement (NAFTA) and the United States-Chile Free Trade Agreement (US-CFTA), the SFTA does not specify a procedure for making a post-importation claim. However, nothing in the SFTA or the Act bars an adjustment prior to liquidation to recognize a claim for SFTA benefits. Therefore, Subpart I, Part 10 contains no regulatory provisions governing such claims. However, a protest against an alleged error in the liquidation of an entry may be brought under the normal procedures to contest a denial of SFTA benefits ( *see* Part 174, CBP regulations (19 CFR Part 174)). Section 10.511, as provided in SFTA Article 3.13, requires a U.S. importer, upon request, to submit a supporting statement setting forth the reasons that the good qualifies as an SFTA originating good, in connection with the claim. Section 10.512 sets forth certain importer obligations regarding the truthfulness of information and documents submitted in support of a claim for preferential treatment. Section 10.513 provides that the importer's supporting statement is not required for certain non-commercial or low-value importations. Section 10.514 implements SFTA Article 3.15 concerning the maintenance of relevant records regarding the imported good. Section 10.515, which is based on SFTA Article 3.14, authorizes the denial of SFTA tariff benefits if the importer fails to comply with any of the requirements under Subpart I, Part 10, CBP regulations. Tariff Preference Level Sections 10.520 and 10.521, which are based on SFTA Article 2.12, specify the cotton and man-made fiber apparel goods for which an importer may claim preferential tariff treatment under a tariff preference level (TPL), and explain the procedure for making such claims. Section 10.522 provides that a TPL claim must be accompanied by a certificate of eligibility issued by the Government of Singapore. Rules of Origin Sections 10.530 through 10.543 provide the implementing regulations regarding the rules of origin provisions of HTSUS General Note 25, SFTA Chapter Three, and section 202 of the Act. Definitions Section 10.530 sets forth terms that are defined for purposes of the rules of origin. General Rules of Origin Section 10.531 sets forth the basic rules of origin established in Chapter Three of the SFTA, section 202(a) of the Act, and General Note 25(b), HTSUS. The provisions of § 10.531 apply both to the determination of the status of an imported good as an originating good for purposes of preferential tariff treatment and to the determination of the status of a material as an originating material used in a good which is subject to a determination under General Note 25, HTSUS. Section 10.531(a) specifies those goods that are originating goods because they are wholly obtained or produced entirely in the territory of one or both of the Parties. Section 10.531(b) provides that goods that have been produced in the territory of one or both of the Parties so that each non-originating material undergoes an applicable change in tariff classification and satisfies any applicable regional value content or other requirement set forth in General Note 25(o), are originating goods. Essential to the rules in § 10.531(b) are the specific rules of General Note 25(o), HTSUS, which are incorporated by reference. Section 10.531(c) provides originating status for goods of the SFTA Integrated Sourcing Initiative (“ISI”). Goods eligible for originating status under the ISI are information technology goods listed in Annex 3B of the Agreement and General Note 25(m), HTSUS. These are goods for which the current U.S. Normal Trade Relations (Most-Favored Nation) duty rate is zero. The SFTA ISI arrangement provides not only the zero rate of duty for these goods, but also exempts them, regardless of their origin under any other rule, from the Merchandise Processing Fee. This treatment is afforded to goods that, in their condition as imported into the United States, are enumerated in General Note 25(m), HTSUS, and are imported from the territory of Singapore. However, ISI goods may not be counted as originating materials when used to produce other goods in Singapore unless either another rule of origin is satisfied or the ISI goods are imported into Singapore from the United States prior to being used in the production of other goods in Singapore. Section 10.532 specifies the requirements for a good to be treated as an originating good under the ISI and the limitations on the treatment of an ISI good as an originating material when used in the production of another good in Singapore. De Minimis Section 10.533 sets forth *de minimis* rules for goods that may be considered to qualify as originating goods even though they fail to qualify as originating goods under the rules in § 10.531. Accumulation Section 10.534 sets forth the rule by which originating materials from the territory of Singapore or the United States that are used in the production of a good in the territory of the other country will be considered to originate in the territory of such other country. In addition, this section also establishes that a good that is produced by one or more producers in the territory of Singapore or the United States, or both, is an originating good if the good satisfies all of the applicable requirements of the rules of origin of the SFTA. Value Content Section 10.535 sets forth the basic rules which apply for purposes of determining whether an imported good satisfies a minimum regional value content (“RVC”) requirement. Section 10.536 sets forth the rules for determining the value of a material for purposes of calculating the regional value content of a good as well as for purposes of applying the *de minimis* rules. Accessories, Spare Parts, or Tools Section 10.537 specifies the conditions under which a good's standard accessories, spare parts, or tools are

(1)treated as originating goods and

(2)disregarded in determining whether all non-originating materials undergo an applicable change in tariff classification under General Note 25(o), HTSUS. Fungible Goods and Materials Section 10.538 sets forth the rules by which “fungible” goods or materials may be claimed as originating. Packaging Materials and Packing Materials Sections 10.539 and 10.540 provide that retail packaging materials and packing materials for shipment are to be disregarded with respect to their actual origin in determining whether non-originating materials undergo an applicable change in tariff classification under General Note 25(o), HTSUS. These sections also set forth the treatment of packaging and packing materials for purposes of the regional value content requirement of the note. Indirect Materials Section 10.541 provides that indirect materials, as defined in § 10.502(j), are considered to be originating materials without regard to where they are produced. Third Country Transportation Section 10.542 sets forth the rule that an originating good loses its originating status and is treated as a non-originating good if, subsequent to the production in a SFTA country that qualifies the good as originating, the good undergoes production in a territory outside that of a SFTA country. Certain Apparel Goods Made from Fabric or Yarn in Short Supply Section 10.543 provides for an exception to the basic rules of origin set forth in § 10.531 in the case of certain apparel goods made from fabric or yarn that is not available in commercial quantities. This section states that an apparel article classified in Chapter 61 or 62 of the HTSUS is considered originating if cut (or knit to shape) and assembled in one or both of the Parties from fabric or yarn, regardless of origin, that has been designated by the Committee for the Implementation of Textile Agreements (“CITA”) as not available in commercial quantities in a timely manner in the United States. The designations by CITA must have been made by notices published in the **Federal Register** no later than November 15, 2002. Origin Verifications and Determinations Sections 10.550 and 10.551 implement the provisions of SFTA Articles 3.14 and 3.16 which concern the conduct of verifications to determine whether imported goods are originating goods entitled to SFTA preferential duty treatment and the issuance and application of origin determinations resulting from such verifications. These sections also govern the conduct of verifications directed to producers of materials that are used in the production of a good for which SFTA preferential duty treatment is claimed. Section 10.551 provides the procedures that apply when preferential tariff treatment is denied on the basis of an origin verification conducted under this subpart. Sections 10.552 through 10.554, which are based on Articles 5.4 and 5.5 of the SFTA, set forth provisions relating to information sharing by CBP, site visits, and enforcement in regard to trade in textile and apparel goods. Penalties Section 10.560 concerns the general application of penalties to SFTA transactions and is based on SFTA Article 4.7. Section 10.561 reflects SFTA Article 3.14 with regard to exceptions to the application of penalties in the case of an importer who promptly and voluntarily makes a corrected claim and pays any duties owing. The SFTA's exception to the application of penalties is contingent upon the importer correcting the claim and paying any duties owing within a period, determined by each importing Party, that may not be less than one year from submission of the invalid claim. Section 10.562 sets a period within which a corrected claim enjoys the exception from penalties in § 10.561 at one year, and also extends § 10.561 to any corrected claim made after the one-year period, if made

(1)before the commencement of a formal investigation, or

(2)before any of the events specified in § 162.74(i) of this chapter has occurred, or

(3)within 30 days after the importer becomes aware that the claim is not valid. Corrected claims that fail to meet these requirements are not excepted from penalties, although the importer making the corrected claim may, depending on the circumstances, qualify for a reduced penalty as a prior disclosure under 19 U.S.C. 1592(c)(4). Goods Returned After Repair or Alteration Section 10.570 implements SFTA Article 2.6 regarding duty-free treatment for goods re-entered after repair or alteration in Singapore. Part 24 An amendment is made to § 24.23(c), which concerns the merchandise processing fee, to implement Article 2.8 of the SFTA and § 203 of the Act, to provide that the merchandise processing fee is not applicable to goods that qualify as originating goods under the SFTA. Part 162 Part 162 contains regulations regarding the inspection and examination of, among other things, imported merchandise. A cross-reference is added to § 162.0, which is the scope section of the part, to refer readers to the additional SFTA records maintenance and examination provisions contained in new Subpart I, Part 10, HTSUS. Part 163 A conforming amendment is made to § 163.1 to include the completion of the SFTA importer's supporting statement and any other supporting documentation pursuant to the SFTA as activities for which records must be maintained. Also, the list appearing in the Appendix to Part 163 (commonly known as the (a)(1)(A) list) is amended to add:

(1)The SFTA importer's supporting statement and any other supporting documentation; and

(2)the SFTA TPL Certificate of Eligibility. Part 178 Part 178 sets forth the control numbers assigned to information collections of CBP by the Office of Management and Budget, pursuant to the Paperwork Reduction Act of 1995, Pub. L. 104-13. The list contained in § 178.2 is amended to add the information collections used by CBP to determine eligibility for a tariff preference or other rights or benefits under the SFTA and the Act. IV. Inapplicability of Notice and Delayed Effective Date Requirements Under the Administrative Procedure Act (“APA”) (5 U.S.C. 553), agencies generally are required to publish a notice of proposed rulemaking in the **Federal Register** that solicits public comment on the proposed regulatory amendments, consider public comments in deciding on the content of the final amendments, and publish the final amendments at least 30 days prior to their effective date. However, section 553(a)(1) of the APA provides that the standard prior notice and comment procedures and delayed effective date provisions of 5 U.S.C. 553(d) do not apply to an agency rulemaking to the extent that it involves a foreign affairs function of the United States. CBP has determined that these interim regulations involve a foreign affairs function of the United States because they implement preferential tariff treatment and related provisions of the SFTA. Therefore, the rulemaking requirements under the APA do not apply and this interim rule will be effective upon publication. V. Executive Order 12866 and Regulatory Flexibility Act CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Order 12866 of September 30, 1993 (58 FR 51735, October 1993), because it pertains to a foreign affairs function of the United States and implements an international agreement, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866. Because a notice of proposed rulemaking is not required under section 553(b) of the APA for the reasons described above, CBP notes that the provisions of the Regulatory Flexibility Act, as amended (5 U.S.C. 601 *et seq.* ), do not apply to this rulemaking. Accordingly, CBP also notes that this interim rule is not subject to the regulatory analysis requirements or other requirements of 5 U.S.C. 603 and 604. VI. Paperwork Reduction Act These regulations are being issued without prior notice and public procedure pursuant to the APA, as described above. For this reason, the collections of information contained in these regulations have been reviewed and, pending receipt and evaluation of public comments, approved by the Office of Management and Budget in accordance with the requirements of the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1651-0117. The collections of information in these regulations are in §§ 10.510 and 10.511. This information is required in connection with claims for preferential tariff treatment and for the purpose of the exercise of other rights under the SFTA and the Act and will be used by CBP to determine eligibility for a tariff preference or other rights or benefits under the SFTA and the Act. The likely respondents are business organizations including importers, exporters and manufacturers. *Estimated total annual reporting burden:* 9,000 hours. *Estimated average annual burden per respondent:* 0.2 hours. *Estimated number of respondents:* 45,000. *Estimated annual frequency of responses:* 1. Comments concerning the collections of information and the accuracy of the estimated annual burden, and suggestions for reducing that burden, should be directed to the Office of Management and Budget, Attention: Desk Officer for the Department of the Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503. A copy should also be sent to the Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229. VII. Signing Authority This document is being issued in accordance with § 0.1(a)(1) of the CBP regulations (19 CFR 0.1(a)(1)) pertaining to the authority of the Secretary of the Treasury (or his/her delegate) to approve regulations related to certain CBP revenue functions. List of Subjects 19 CFR Part 10 Alterations, Bonds, Customs duties and inspection, Exports, Imports, Preference programs, Repairs, Reporting and recordkeeping requirements, Trade agreements (United States-Singapore Free Trade Agreement). 19 CFR Part 24 Accounting, Customs duties and inspection, Financial and accounting procedures, Reporting and recordkeeping requirements, Trade agreements, User fees. 19 CFR Part 162 Administrative practice and procedure, Customs duties and inspection, Penalties, Trade agreements. 19 CFR Part 163 Administrative practice and procedure, Customs duties and inspection, Exports, Imports, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 178 Administrative practice and procedure, Exports, Imports, Reporting and recordkeeping requirements. Amendments to the Regulations Accordingly, chapter I of title 19, Code of Federal Regulations (19 CFR chapter I), is amended as set forth below. PART 10—ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. 1. The general authority citation for part 10 continues to read and the specific authority for new Subpart I is added to read as follows: Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 3314; Sections 10.501 through 10.570 also issued under 19 U.S.C. 1202 (General Note 25, HTSUS) and Pub. L. 108-78, 117 Stat. 948 (19 U.S.C. 3805 note). 2. In § 10.31, paragraph (f), the last sentence is revised to read as follows: § 10.31 Entry; bond.

(f)* * * In addition, notwithstanding any other provision of this paragraph, in the case of professional equipment necessary for carrying out the business activity, trade or profession of a business person, equipment for the press or for sound or television broadcasting, cinematographic equipment, articles imported for sports purposes and articles intended for display or demonstration, if brought into the United States by a resident of Canada, Mexico, Chile, or Singapore and entered under Chapter 98, Subchapter XIII, HTSUS, no bond or other security will be required if the entered article is a good originating in Canada, Mexico, Chile, or Singapore within the meaning of General Notes 12, 25, and 26, HTSUS. § 10.36a [Amended] 3. In § 10.36a, the first sentence of paragraph

(a)is amended by removing the words “(as defined in §§ 10.8, 10.490 and 181.64 of this chapter)” and adding, in their place, the words “(as defined in §§ 10.8, 10.490, 10.570, and 181.64 of this chapter)”. 4. Part 10, CBP regulations, is amended by adding a new Subpart I to read as follows: Subpart I—United States-Singapore Free Trade Agreement General Provisions Sec. 10.501 Scope. 10.502 General definitions. Import Requirements 10.510 Filing of claim for preferential tariff treatment upon importation. 10.511 Supporting statement. 10.512 Importer obligations. 10.513 Supporting statement not required. 10.514 Maintenance of records. 10.515 Effect of noncompliance; failure to provide documentation regarding third country transportation. Tariff Preference Level 10.520 Filing of claim for tariff preference level. 10.521 Goods eligible for tariff preference level claims. 10.522 Submission of certificate of eligibility. Rules of Origin 10.530 Definitions. 10.531 Originating goods. 10.532 Integrated Sourcing Initiative. 10.533 De minimis. 10.534 Accumulation. 10.535 Regional value content. 10.536 Value of materials. 10.537 Accessories, spare parts, or tools. 10.538 Fungible goods and materials. 10.539 Retail packaging materials and containers. 10.540 Packing materials and containers for shipment. 10.541 Indirect materials. 10.542 Third country transportation. 10.543 Certain apparel goods made from fabric or yarn not available in commercial quantities. Origin Verifications and Determinations 10.550 Verification and justification of claim for preferential treatment. 10.551 Issuance of negative origin determinations. 10.552 Information sharing by CBP regarding textile and apparel goods produced in the United States. 10.553 Textile and apparel site visits. 10.554 Exclusion of textile or apparel goods for intentional circumvention. Penalties 10.560 General. 10.561 Corrected claim or supporting statement. 10.562 Framework for correcting claims or supporting statements. Goods Returned After Repair or Alteration 10.570 Goods re-entered after repair or alteration in Singapore. Subpart I—United States-Singapore Free Trade Agreement General Provisions § 10.501 Scope. This subpart implements the duty preference and related customs provisions applicable to imported goods under the United States-Singapore Free Trade Agreement (the SFTA) signed on May 6, 2003, and under the United States-Singapore Free Trade Agreement Implementation Act (the Act; 117 Stat. 948). Except as otherwise specified in this subpart, the procedures and other requirements set forth in this subpart are in addition to the customs procedures and requirements of general application contained elsewhere in this chapter. Additional provisions implementing certain aspects of the SFTA and the Act are contained in Parts 24, 162, and 163 of this chapter. § 10.502 General definitions. As used in this subpart, the following terms will have the meanings indicated unless either the context in which they are used requires a different meaning or a different definition is prescribed for a particular section of this subpart:

(a)*Claim for preferential tariff treatment.* “Claim for preferential tariff treatment” means a claim that a good is entitled to the duty rate applicable under the SFTA to an originating good or other good specified in the SFTA, and to an exemption from the merchandise processing fee;

(b)*Customs duty.* “Customs duty” includes any customs or import duty and a charge of any kind imposed in connection with the importation of a good, including any form of surtax or surcharge in connection with such importation, but, for purposes of implementing the SFTA, does not include any:

(1)Charge equivalent to an internal tax imposed consistently with Article III:2 of GATT 1994 in respect of the like domestic good or in respect of goods from which the imported good has been manufactured or produced in whole or in part;

(2)Antidumping or countervailing duty that is applied pursuant to a Party's domestic law;

(3)Fee or other charge in connection with importation commensurate with the cost of services rendered; or

(4)Duty imposed pursuant to Article 5 of the WTO Agreement on Agriculture.

(c)*Customs Valuation Agreement.* “Customs Valuation Agreement” means the *Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994* , which is part of the WTO Agreement;

(d)*Days.* “Days” means calendar days;

(e)*Enterprise.* “Enterprise” means an entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture, or other association;

(f)*GATT 1994.* “GATT 1994” means the *General Agreement on Tariffs and Trade 1994* , which is part of the *WTO Agreement* ;

(g)*Harmonized System.* “Harmonized System (HS)” means the *Harmonized Commodity Description and Coding System* , including its General Rules of Interpretation, Section Notes, and Chapter Notes, as adopted and implemented by the Parties in their respective tariff laws;

(h)*Heading.* “Heading” means the first four digits in the tariff classification number under the Harmonized System;

(i)*HTSUS.* “HTSUS” means the *Harmonized Tariff Schedule of the United States* as promulgated by the U.S. International Trade Commission;

(j)*Indirect material.* “Indirect material” means a good used in the production, testing, or inspection of a good in the territory of the United States or Singapore but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the production of a good in the territory of the United States or Singapore, including:

(1)Fuel and energy;

(2)Tools, dies, and molds;

(3)Spare parts and materials used in the maintenance of equipment and buildings;

(4)Lubricants, greases, compounding materials, and other materials used in production or used to operate equipment and buildings;

(5)Gloves, glasses, footwear, clothing, safety equipment, and supplies;

(6)Equipment, devices, and supplies used for testing or inspecting the good;

(7)Catalysts and solvents; and

(8)Any other goods that are not incorporated into the good but whose use in the production of the good can reasonably be demonstrated to be a part of that production;

(k)*Originating.* “Originating” means qualifying for preferential tariff treatment under the rules of origin set out in SFTA Chapter Three (Rules of Origin) and General Note 25, HTSUS;

(l)*Party.* “Party” means the United States or the Republic of Singapore;

(m)*Person.* “Person” means a natural person or an enterprise;

(n)*Preferential tariff treatment.* “Preferential tariff treatment” means the duty rate applicable under the SFTA to an originating good, and an exemption from the merchandise processing fee;

(o)*Subheading.* “Subheading” means the first six digits in the tariff classification number under the Harmonized System;

(p)*Tariff preference level.* “Tariff preference level” means a quantitative limit for certain non-originating textiles and textile apparel goods that may be entitled to preferential tariff treatment based on the goods meeting the production requirements set forth in § 10.521 of this subpart;

(q)*Textile or apparel good.* “Textile or apparel good” means a good listed in the Annex to the Agreement on Textiles and Clothing (commonly referred to as “the ATC”), which is part of the WTO Agreement;

(r)*Territory.* “Territory” means:

(1)With respect to Singapore, its land territory, internal waters and territorial sea as well as the maritime zones beyond the territorial sea, including the seabed and subsoil over which the Republic of Singapore exercises sovereign rights or jurisdiction under its national laws and international law for the purpose of exploration and exploitation of the natural resources of such areas; and

(2)With respect to the United States;

(i)The customs territory of the United States, which includes the 50 states, the District of Columbia, and Puerto Rico;

(ii)The foreign trade zones located in the United States and Puerto Rico; and

(iii)Any areas beyond the territorial seas of the United States within which, in accordance with international law and its domestic law, the United States may exercise rights with respect to the seabed and subsoil and their natural resources; and

(s)*WTO Agreement.* “WTO Agreement” means the *Marrakesh Agreement Establishing the World Trade Organization* of April 15, 1994. Import Requirements § 10.510 Filing of claim for preferential tariff treatment upon importation.

(a)*Claim.* An importer may make a claim for SFTA preferential tariff treatment, including an exemption from the merchandise processing fee, based on the importer's knowledge or information in the importer's possession that the good qualifies as an originating good. For goods that qualify as originating goods under the Integrated Sourcing Initiative ( *see* subdivisions (b)(ii) and

(m)of General Note 25, HTSUS, and § 10.532 of this subpart), the claim is made by including on the entry summary, or equivalent documentation, the tariff item 9999.00.84, HTSUS, or by the method specified for equivalent reporting via an authorized electronic data interchange system. For all other qualifying goods, the claim is made by including on the entry summary, or equivalent documentation, the letters “SG” as a prefix to the subheading of the HTSUS under which each qualifying good is classified, or by the method specified for equivalent reporting via an authorized electronic data interchange system.

(b)*Corrected claim.* If, after making the claim required under paragraph

(a)of this section, the importer becomes aware that the claim is invalid, the importer must promptly correct the claim and pay any duties that may be due. The importer must submit a statement either in writing or via an authorized electronic data interchange system to the CBP office where the original claim was filed specifying the correction ( *see* §§ 10.561 and 10.562 of this subpart). § 10.511 Supporting statement.

(a)*Contents.* An importer who makes a claim under § 10.510(a) of this subpart must submit, at the request of the port director, a statement setting forth the reasons that the good qualifies as an originating good, including pertinent cost and manufacturing data. A statement submitted to CBP under this paragraph:

(1)Need not be in a prescribed format but must be in writing or must be transmitted electronically pursuant to any electronic means authorized by CBP for that purpose;

(2)Must include the following information:

(i)The legal name, address, telephone, and e-mail address (if any) of the importer of record of the good;

(ii)The legal name, address, telephone, and e-mail address (if any) of the responsible official or authorized agent of the importer signing the supporting statement (if different from the information required by paragraph (a)(2)(i) of this section);

(iii)The legal name, address, telephone, and e-mail address (if any) of the exporter of the good (if different from the producer);

(iv)The legal name, address, telephone, and e-mail address (if any) of the producer of the good (if known);

(v)A description of the good for which preferential tariff treatment is claimed, which must be sufficiently detailed to relate it to the invoice and the HS nomenclature;

(vi)The HTSUS tariff classification, to six or more digits, as necessary for the specific change in tariff classification rule for the good set forth in General Note 25(o), HTSUS;

(vii)The applicable rule of origin set forth in General Note 25, HTSUS, under which the good qualifies as an originating good; and

(3)Must include a statement, in substantially the following form: I certify that: The information on this document is true and accurate and I assume the responsibility for proving such representations. I understand that I am liable for any false statements or material omissions made on or in connection with this document; I agree to maintain and present upon request, documentation necessary to support these representations; The goods originated or are considered to have originated in the territory of one or more of the Parties, and comply with the origin requirements specified for those goods in the United States-Singapore Free Trade Agreement; there has been no further production or any other operation outside the territories of the parties, other than unloading, reloading, or any other operation necessary to preserve the goods in good condition or to transport the goods to the United States; and This document consists of ___ pages, including all attachments.”

(b)*Responsible official or agent.* The supporting statement required to be submitted under paragraph

(a)of this section must be signed and dated by a responsible official of the importer or by the importer's authorized agent having knowledge of the relevant facts.

(c)*Language.* The supporting statement required to be submitted under paragraph

(a)of this section must be completed in the English language.

(d)*Applicability of supporting statement.* The supporting statement required to be submitted under paragraph

(a)of this section may be applicable to:

(1)A single importation of a good into the United States, including a single shipment that results in the filing of one or more entries and a series of shipments that results in the filing of one entry; or

(2)Multiple importations of identical goods into the United States that occur within a specified blanket period, not exceeding 12 months, set out in the statement. For purposes of this paragraph, “identical goods” means goods that are the same in all respects relevant to the particular rule of origin that qualifies the goods as originating. § 10.512 Importer obligations.

(a)*General.* An importer who makes a claim under § 10.510(a) of this subpart is responsible for the truthfulness of the claim and of all the information and data contained in the supporting statement provided for in § 10.511 of this subpart, for submitting any supporting documents requested by CBP, and for the truthfulness of the information contained in those documents. However, an importer will not be subject to civil or administrative penalties under 19 U.S.C. 1592 for making an invalid claim for preferential tariff treatment or submitting an incorrect supporting statement, provided that the importer promptly and voluntarily corrects the claim or supporting statement and pays any duty owing ( *see* §§ 10.561 and 10.562 of this subpart). In instances in which CBP requests the submission of supporting documents, CBP will allow for the direct submission by the exporter or producer of business confidential or other sensitive information, including cost and sourcing information.

(b)*Compliance.* In order to make a claim for preferential tariff treatment under § 10.510(a) of this subpart, the importer:

(1)Must have records that explain how the importer came to the conclusion that the good qualifies for preferential tariff treatment. Those records must include documents that support a claim that the article in question qualifies for preferential tariff treatment because it meets the applicable rules of origin set forth in General Note 25, HTSUS, and in this subpart. Those records may include a properly completed importer's supporting statement as set forth in § 10.511 of this subpart; and

(2)May be required to present evidence that the conditions set forth in § 10.542 of this subpart were met if the imported article was shipped through an intermediate country.

(c)*Information provided by exporter or producer.* The fact that the importer has made a claim or supporting statement based on information provided by an exporter or producer will not relieve the importer of the responsibility referred to in the first sentence of paragraph

(a)of this section. § 10.513 Supporting statement not required.

(a)*General.* Except as otherwise provided in paragraph

(b)of this section, an importer will not be required to submit a supporting statement under § 10.511 of this subpart for:

(1)A non-commercial importation of a good; or

(2)A commercial importation for which the value of the goods does not exceed U.S. $2,500.

(b)*Exception.* If the port director determines that an importation described in paragraph

(a)of this section may reasonably be considered to have been carried out or planned for the purpose of evading compliance with the rules and procedures governing claims for preference under the SFTA, the port director will notify the importer that for that importation the importer must submit to CBP a supporting statement. The importer must submit such a statement within 30 days from the date of the notice. Failure to timely submit the supporting statement will result in denial of the claim for preferential treatment. § 10.514 Maintenance of records.

(a)*General.* An importer claiming preferential tariff treatment for a good imported into the United States under § 10.510(a) of this subpart must maintain, for five years after the date of importation of the good, any records and documents that the importer has relating to the origin of the good, including records and documents associated with:

(1)The purchase of, cost of, value of, and payment for, the good;

(2)Where appropriate, the purchase of, cost of, value of, and payment for, all materials, including recovered goods and indirect materials, used in the production of the good; and

(3)Where appropriate, the production of the good in the form in which the good was exported.

(b)*Applicability of other recordkeeping requirements.* The records and documents referred to in paragraph

(a)of this section are in addition to any other records that the importer is required to prepare, maintain, or make available to CBP under Part 163 of this chapter.

(c)*Method of maintenance.* The records and documents referred to in paragraph

(a)of this section must be maintained by importers as provided in § 163.5 of this chapter. § 10.515 Effect of noncompliance; failure to provide documentation regarding third country transportation.

(a)*Effect of noncompliance.* If the importer fails to comply with any requirement under this subpart, including submission of a complete supporting statement under § 10.511 of this subpart, when requested, the port director may deny preferential treatment to the imported good.

(b)*Failure to provide documentation regarding third country transportation.* Where the requirements for preferential treatment set forth elsewhere in this subpart are met, the port director nevertheless may deny preferential treatment to an originating good if the good is shipped through or transshipped in a country other than Singapore or the United States, and the importer of the good does not provide, at the request of the port director, evidence demonstrating to the satisfaction of the port director that the conditions set forth in § 10.542 of this subpart were met. Tariff Preference Level § 10.520 Filing of claim for tariff preference level. A cotton or man-made fiber apparel good described in § 10.521 of this subpart that does not qualify as an originating good under § 10.531 of this subpart may nevertheless be entitled to preferential tariff treatment under the SFTA under an applicable tariff preference level (TPL). To make a TPL claim, the importer must include on the entry summary, or equivalent documentation, the applicable tariff item in Chapter 99 of the HTSUS (9910.61.01 through 9910.61.89) and the applicable subheading in Chapter 61 or 62 of the HTSUS under which each non-originating cotton or man-made fiber apparel good is classified. For TPL goods, the letters “SG” must be inserted as a prefix to the applicable HTSUS 9910 tariff item when the entry is filed. The importer must also submit a certificate of eligibility as set forth in § 10.522 of this subpart. § 10.521 Goods eligible for tariff preference level claims. Goods eligible for a TPL claim consist of cotton or man-made fiber apparel goods provided for in Chapters 61 and 62 of the HTSUS that are both cut (or knit-to-shape) and sewn or otherwise assembled in Singapore from fabric or yarn produced or obtained outside the territory of Singapore or the United States, and that meet the applicable conditions for preferential tariff treatment under the SFTA, other than the condition that they are originating goods. The preferential tariff treatment is limited to the quantities specified in U.S. Note 13, Subchapter X, Chapter 99, HTSUS. § 10.522 Submission of certificate of eligibility. An importer who claims preferential tariff treatment on a non-originating cotton or man-made fiber apparel good must submit a certificate of eligibility issued by the Government of Singapore, demonstrating that the good is eligible for entry under the applicable TPL, as set forth in § 10.521 of this subpart. Rules of Origin § 10.530 Definitions. For purposes of §§ 10.530 through 10.542:

(a)*Adjusted value.* “Adjusted value” means the value determined in accordance with Articles 1 through 8, Article 15, and the corresponding interpretative notes of the Customs Valuation Agreement, adjusted, if necessary, to exclude:

(1)Any costs, charges, or expenses incurred for transportation, insurance and related services incident to the international shipment of the merchandise from the country of exportation to the place of importation; and

(2)The value of packing materials and containers for shipment as defined in paragraph

(j)of this section;

(b)*Exporter.* “Exporter” means a person who exports goods from the territory of a Party;

(c)*Fungible goods or materials.* “Fungible goods or materials” means goods or materials, as the case may be, that are interchangeable for commercial purposes and the properties of which are essentially identical;

(d)*Generally Accepted Accounting Principles.* “Generally Accepted Accounting principles” means the recognized consensus or substantial authoritative support in the territory of a Party, with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices, and procedures;

(e)*Good.* “Good” means any merchandise, product, article, or material;

(f)*Goods wholly obtained or produced entirely in the territory of one or both of the Parties.* “Goods wholly obtained or produced entirely in the territory of one or both of the Parties” means:

(1)Mineral goods extracted in the territory of one or both of the Parties;

(2)Vegetable goods, as such goods are defined in the Harmonized System, harvested in the territory of one or both of the Parties;

(3)Live animals born and raised in the territory of one or both of the Parties;

(4)Goods obtained from hunting, trapping, fishing, or aquaculture conducted in the territory of one or both of the Parties;

(5)Goods (fish, shellfish and other marine life) taken from the sea by vessels registered or recorded with a Party and flying its flag;

(6)Goods produced exclusively from products referred to in subparagraph (f)(5) of this section on board factory ships registered or recorded with a Party and flying its flag;

(7)Goods taken by a Party or a person of a Party from the seabed or beneath the seabed outside territorial waters, provided that a Party has rights to exploit such seabed;

(8)Goods taken from outer space, provided they are obtained by a Party or a person of a Party and not processed in the territory of a non-Party;

(9)Waste and scrap derived from:

(i)Production in the territory of one or both of the Parties; or

(ii)Used goods collected in the territory of one or both of the Parties, provided such goods are fit only for the recovery of raw materials;

(10)Recovered goods derived in the territory of one or both of the Parties from used goods; or

(11)Goods produced in one or both of the Parties exclusively from goods referred to in paragraphs (f)(1) through (f)(9) of this section or from the derivatives of such goods;

(g)*Material.* “Material” means a good that is used in the production of another good;

(h)*Non-originating good.* “Non-originating good” means a good that does not qualify as originating under General Note 25, HTSUS;

(i)*Non-originating material.* “Non-originating material” means a material that does not qualify as originating under General Note 25, HTSUS;

(j)*Packing materials and containers for shipment.* “Packing materials and containers for shipment” means the goods used to protect a good during its transportation to the United States, and does not include the packaging materials and containers in which a good is packaged for retail sale;

(k)*Producer.* “Producer” means a person who grows, raises, mines, harvests, fishes, traps, hunts, manufactures, processes, assembles or disassembles a good;

(l)*Production.* “Production” means growing, mining, harvesting, fishing, raising, trapping, hunting, manufacturing, processing, assembling, or disassembling a good;

(m)*Recovered goods.* “Recovered goods” means materials in the form of individual parts that are the result of:

(1)The complete disassembly of used goods into individual parts; and

(2)The cleaning, inspecting, testing, or other processing of those parts as necessary for improvement to sound working condition by one or more of the following processes: Welding, flame spraying, surface machining, knurling, plating, sleeving, and rewinding, in order for such parts to be assembled with other parts, including other recovered parts, in the production of a remanufactured good as defined in paragraph

(o)of this section;

(n)*Relationship.* “Relationship” means whether the buyer and seller are related parties in accordance with Article 15.4 of the Customs Valuation Agreement;

(o)*Remanufactured good.* “Remanufactured good” means an industrial good assembled in the territory of Singapore or the United States that is enumerated in Annex 3C, SFTA, and:

(1)Is entirely or partially comprised of recovered goods;

(2)Has the same life expectancy and meets the same performance standards as a new good; and

(3)Enjoys the same factory warranty as such a new good;

(p)*Self-produced material.* “Self-produced material” means a good, such as a part or ingredient, produced by the producer and used by the producer in the production of another good; and

(q)*Value.* “Value” means the value of a good or material for purposes of calculating customs duties or for purposes of applying this subpart. § 10.531 Originating goods. Except as provided in § 10.543 of this subpart, a good imported into the customs territory of the United States will be considered an originating good under the SFTA only if:

(a)The good is wholly obtained or produced entirely in the territory of one or both of the Parties;

(b)The good is transformed in one or both of the Parties so that:

(1)Each non-originating material undergoes an applicable change in tariff classification specified in General Note 25(o), HTSUS, as a result of production occurring entirely in the territory of one or both of the Parties; and

(2)The good otherwise satisfies any applicable regional value content or other requirements specified in General Note 25(o), HTSUS; or

(c)The good, in its condition as imported into the United States, is enumerated as an Integrated Sourcing Initiative good in General Note 25(m), HTSUS, and is imported from the territory of Singapore. § 10.532 Integrated Sourcing Initiative.

(a)For purposes of General Note 25(b)(ii), HTSUS, a good is eligible for treatment as an originating good under the Integrated Sourcing Initiative if:

(1)The good, in its condition as imported, is both classified in a tariff provision enumerated in the first column of General Note 25(m), HTSUS, and described opposite that tariff provision in the list of information technology articles set forth in the second column of General Note 25(m), HTSUS;

(2)The good, regardless of its origin, is imported into the territory of the United States from the territory of Singapore. If a product of a non-Party, the good must have been imported into Singapore prior to its importation into the territory of the United States; and

(3)The good satisfies the conditions and requirements of § 10.542 relating to third country transportation.

(b)A good enumerated in General Note 25(m), HTSUS, that is used in the production of another good in Singapore will not be considered an originating material for purposes of determining the eligibility for preferential tariff treatment of such other good unless:

(1)The good enumerated in General Note 25(m), HTSUS, satisfies an applicable rule of origin set out in General Note 25(o), HTSUS; or

(2)The good enumerated in General Note 25(m), HTSUS, is imported into the territory of Singapore from the territory of the United States prior to being used in the production of a good in Singapore. § 10.533 De minimis.

(a)Except as provided in paragraphs

(b)and

(c)of this section, a good that does not undergo a change in tariff classification pursuant to General Note 25(o), HTSUS, will nonetheless be considered to be an originating good if:

(1)The value of all non-originating materials used in the production of the good that do not undergo the applicable change in tariff classification does not exceed 10 percent of the adjusted value of the good;

(2)The value of the non-originating materials described in paragraph (a)(1) of this section is included in calculating the value of non-originating materials for any applicable regional value content requirement for the good under General Note 25(o), HTSUS; and

(3)The good meets all other applicable requirements of General Note 25, HTSUS.

(b)Paragraph

(a)does not apply to:

(1)A non-originating material provided for in Chapter 4, HTSUS, or in subheading 1901.90, HTSUS, that is used in the production of a good provided for in Chapter 4, HTSUS;

(2)A non-originating material provided for in Chapter 4, HTSUS, or in subheading 1901.90, HTSUS, that is used in the production of a good provided for in one of the following HTSUS provisions: Subheading 1901.10, 1901.20 or 1901.90; heading 2105; or subheading 2106.90, 2202.90 or 2309.90;

(3)A non-originating material provided for in heading 0805, HTSUS, or subheadings 2009.11 through 2009.39, HTSUS, that is used in the production of a good provided for in subheadings 2009.11 through 2009.39, HTSUS, or in subheading 2106.90 or 2202.90, HTSUS;

(4)A non-originating material provided for in Chapter 15, HTSUS, that is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515, HTSUS;

(5)A non-originating material provided for in heading 1701, HTSUS, that is used in the production of a good provided for in headings 1701 through 1703, HTSUS;

(6)A non-originating material provided for in Chapter 17, HTSUS, or heading 1805, HTSUS, that is used in the production of a good provided for in subheading 1806.10, HTSUS;

(7)A non-originating material provided for in headings 2203 through 2208, HTSUS, that is used in the production of a good provided for in heading 2207 or 2208, HTSUS; and

(8)A non-originating material used in the production of a good provided for in Chapters 1 through 21, HTSUS, unless the non-originating material is provided for in a different subheading than the good for which origin is being determined.

(c)A textile or apparel good provided for in Chapters 50 through 63, HTSUS, that is not an originating good because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in General Note 25(o), HTSUS, will nevertheless be considered to be an originating good if the total weight of all such fibers or yarns in that component is not more than 7 percent of the total weight of that component. Notwithstanding the preceding sentence, a textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good will be considered an originating good only if such yarns are wholly formed in the territory of a Party. § 10.534 Accumulation.

(a)Originating materials of Singapore or the United States that are used in the production of a good in the territory of the other party will be considered to originate in the territory of the other party.

(b)A good that is produced in the territory of one or both of the Parties by one or more producers, will be considered an originating good if the good satisfies:

(1)The applicable requirements of § 10.531 of this subpart and General Note 25, HTSUS; or

(2)The provisions of § 10.532 of this subpart. § 10.535 Regional value content.

(a)*General.* Where General Note 25(o), HTSUS, sets forth a rule that specifies a regional value content test for a good, the regional value content of such good must be calculated, at the choice of the person claiming the preferential tariff treatment for such good, on the basis of the build-down method or the build-up method described in paragraphs

(b)and

(c)of this section, unless otherwise specified in General Note 25(o), HTSUS.

(b)*Build-down method.* Under the build-down method, the regional value content must be calculated on the basis of the formula RVC = ((AV −VNM)/AV) × 100, where RVC is the regional value content, expressed as a percentage; AV is the adjusted value; and VNM is the value of non-originating materials that are acquired and used by the producer in the production of the good.

(c)*Build-up method.* Under the build-up method, the regional value content must be calculated on the basis of the formula RVC = (VOM /AV) × 100, where RVC is the regional value content, expressed as a percentage; AV is the adjusted value; and VOM is the value of originating materials that are acquired or self-produced and used by the producer in the production of the good. § 10.536 Value of materials.

(a)*Calculating the value of materials.* Except as provided in § 10.541, for purposes of calculating the regional value content of a good under General Note 25(o), HTSUS, and for purposes of applying the *de minimis* ( *see* § 10.533 of this subpart) provisions of General Note 25(o), HTSUS, the value of a material is:

(1)In the case of a material imported by the producer of the good, the adjusted value of the material;

(2)In the case of a material acquired by the producer in the territory where the good is produced, except for a material to which paragraph (a)(3) of this section applies, the adjusted value of the material with reasonable modifications to the provisions of the Customs Valuation Agreement so as to permit their application to the domestic acquisition by the producer. Such reasonable modifications include, but are not limited to, treating a domestic purchase by the producer as if it were a sale for export to the country of importation; or Example 1. The producer in Singapore purchases material x from an unrelated seller in Singapore for $100. Under the provisions of Article 1 of the Customs Valuation Agreement, transaction value is the price actually paid or payable for the goods when sold for export to the country of importation adjusted in accordance with the provisions of Article 8. In order to apply Article 1 to this domestic purchase by the producer, such purchase is treated as if it were a sale for export to the country of importation. Therefore, for purposes of determining the adjusted value of material x, Article 1 transaction value is the price actually paid or payable for the goods when sold to the producer in Singapore ($100), adjusted in accordance with the provisions of Article 8. In this example, it is irrelevant whether material x was initially imported into Singapore by the seller (or by anyone else). So long as the producer acquired material x in Singapore, it is intended that the value of material x will be determined on the basis of the price actually paid or payable by the producer adjusted in accordance with the provisions of Article 8. Example 2. Same facts as in Example 1, except the sale between the seller and the producer is subject to certain restrictions that preclude the application of Article 1. Under Article 2 of the Customs Valuation Agreement, the value is the transaction value of identical goods sold for export to the same country of importation and exported at or about the same time as the goods being valued. In order to permit the application of Article 2 to the domestic acquisition by the producer, it should be modified so that the value is the transaction value of identical goods sold within Singapore at or about the same time the goods were sold to the producer in Singapore. Thus, if the seller of material x also sold an identical material to another buyer in Singapore without restrictions, that other sale would be used to determine the adjusted value of material x.

(3)In the case of a self-produced material, or in a case in which the relationship between the producer of the good and the seller of the material influenced the price actually paid or payable for the material, including a material obtained without charge, the sum of:

(i)All expenses incurred in the production of the material, including general expenses; and

(ii)A reasonable amount for profit.

(b)*Permissible additions to, and deductions from, the value of materials.

(1)Additions to originating materials.* For originating materials, the following expenses, if not included under paragraph

(a)of this section, may be added to the value of the originating material:

(i)The costs of freight, insurance, packing, and all other costs incurred in transporting the material to the location of the producer;

(ii)Duties, taxes, and customs brokerage fees on the material paid in the territory of one or both of the Parties, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, including credit against duty or tax paid or payable; and

(iii)The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-product; and

(2)*Deductions from non-originating materials.* For non-originating materials, if included under paragraph

(a)of this section, the following expenses may be deducted from the value of the non-originating material:

(i)The costs of freight, insurance, packing, and all other costs incurred in transporting the material to the location of the producer;

(ii)Duties, taxes, and customs brokerage fees on the material paid in one or both of the Parties, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, including credit against duty or tax paid or payable;

(iii)The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-products;

(iv)The cost of processing incurred in the territory of Singapore or the United States in the production of the non-originating material; and

(v)The cost of originating materials used in the production of the non-originating material in the territory of Singapore or the United States.

(c)*Accounting method.* Any cost or value referenced in General Note 25, HTSUS and this subpart, must be recorded and maintained in accordance with the Generally Accepted Accounting Principles applicable in the territory of the country in which the good is produced (whether Singapore or the United States). § 10.537 Accessories, spare parts, or tools. Accessories, spare parts, or tools that are delivered with a good and that form part of the good's standard accessories, spare parts, or tools will be treated as originating goods if the good is an originating good, and will be disregarded in determining whether all the non-originating materials used in the production of the good undergo an applicable change in tariff classification specified in General Note 25(o), HTSUS, provided that:

(a)The accessories, spare parts, or tools are not invoiced separately from the good;

(b)The quantities and value of the accessories, spare parts, or tools are customary for the good; and

(c)If the good is subject to a regional value content requirement, the value of the accessories, spare parts, or tools will be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good under § 10.535 of this subpart. § 10.538 Fungible goods and materials.

(a)A person claiming preferential treatment under the SFTA for a good may claim that a fungible good or material is originating either based on the physical segregation of each fungible good or material or by using an inventory management method. For purposes of this subpart, the term “inventory management method” means:

(1)Averaging;

(2)“Last-in, first-out;”

(3)“First-in, first-out;” or

(4)Any other method that is recognized in the Generally Accepted Accounting Principles of the Party in which the production is performed or otherwise accepted by that country.

(b)A person selecting an inventory management method under paragraph

(a)of this section for particular fungible goods or materials must continue to use that method for those fungible goods or materials throughout the fiscal year of that person. § 10.539 Retail packaging materials and containers. Packaging materials and containers in which a good is packaged for retail sale, if classified with the good for which preferential treatment under the SFTA is claimed, will be disregarded in determining whether all non-originating materials used in the production of the good undergo the applicable change in tariff classification set out in General Note 25(o), HTSUS. If the good is subject to a regional value content requirement, the value of such packaging materials and containers will be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good. Example 1. Singaporean Producer A of good C imports 100 non-originating blister packages to be used as retail packaging for good C. As provided in § 10.536(a)(1) of this subpart, the value of the blister packages is their adjusted value, which in this case is $10. Good C has a regional value content requirement. The United States importer of good C decides to use the build-down method, RVC=((AV−VNM)/AV) × 100 ( *see* § 10.535(b) of this subpart), in determining whether good C satisfies the regional value content requirement. In applying this method, the non-originating blister packages are taken into account as non-originating. As such, their $10 adjusted value is included in the VNM, value of non-originating materials, of good C. Example 2. Same facts as in Example 1, but the blister packages are originating. In this case, the adjusted value of the originating blister packages would not be included as part of the VNM of good C under the build-down method. However, if the U.S. importer had used the build-up method, RVC=(VOM/AV) × 100 ( *see* § 10.535(c) of this subpart), the adjusted value of the blister packaging would be included as part of the VOM, value of originating material. § 10.540 Packing materials and containers for shipment.

(a)Packing materials and containers for shipment, as defined in § 10.530(j) of this subpart, are to be disregarded in determining whether the non-originating materials used in the production of the good undergo an applicable change in tariff classification set out in General Note 25(o), HTSUS. Accordingly, such materials and containers are not required to undergo the applicable change in tariff classification even if they are non-originating.

(b)Packing materials and containers for shipment, as defined in § 10.530(j) of this subpart, are to be disregarded in determining the regional value content of a good imported into the United States. Accordingly, in applying either the build-down or build-up method for determining the regional value content of the good imported into the United States, the value of such packing materials and containers for shipment (whether originating or non-originating) is disregarded and not included in AV, adjusted value, VNM, value of non-originating materials, or VOM, value of originating materials. Example. Singaporean Producer A produces good C. Producer A ships good C to the U.S. in a shipping container which it purchased from Company B in Singapore. The shipping container is originating. The value of the shipping container determined under section § 10.536(a)(2) of this subpart is $3. Good C is subject to a regional value content requirement. The transaction value of good C is $100, which includes the $3 shipping container. The United States importer decides to use the build-up method, RVC=(VOM/AV) × 100 ( *see* § 10.535(c) of this subpart), in determining whether good C satisfies the regional value content requirement. In determining the AV, adjusted value, of good C imported into the U.S., paragraph

(b)of this section requires a $3 deduction for the value of the shipping container. Therefore, the AV is $97 ($100−$3). In addition, the value of the shipping container is disregarded and not included in the VOM, value of originating materials. § 10.541 Indirect materials. An indirect material, as defined in § 10.502(j) of this subpart, will be considered to be an originating material without regard to where it is produced, and its value will be the cost registered in the accounting records of the producer of the good. Example. Singaporean Producer C produces good C using non-originating material A. Producer C imports non-originating rubber gloves for use by workers in the production of good C. Good C is subject to a tariff shift requirement. As provided in § 10.531(b)(1) of this subpart and General Note 25(o), each of the non-originating materials in good C must undergo the specified change in tariff classification in order for good C to be considered originating. Although non-originating material A must undergo the applicable tariff shift in order for good C to be considered originating, the rubber gloves do not because they are indirect materials and are considered originating without regard to where they are produced. § 10.542 Third country transportation.

(a)*General.* A good will not be considered an originating good by reason of having undergone production that would enable the good to qualify as an originating good if subsequent to that production the good undergoes further production or any other operation outside the territories of the Parties, other than unloading, reloading, or any other process necessary to preserve the good in good condition or to transport the good to the territory of a Party.

(b)*Documentary evidence.* An importer making a claim that a good is originating may be required to demonstrate, to CBP's satisfaction, that no further production or subsequent operation, other than permitted under paragraph

(a)of this section, occurred outside the territories of the Parties. An importer may demonstrate compliance with this section by submitting documentary evidence. Such evidence may include, but is not limited to, bills of lading, airway bills, packing lists, commercial invoices, receiving and inventory records, and customs entry and exit documents. § 10.543 Certain apparel goods made from fabric or yarn not available in commercial quantities. Notwithstanding the provisions of § 10.531 of this subpart, a textile apparel article of Chapter 61 or 62, HTSUS, will be considered an originating good under the SFTA if it is both cut (or knit to shape) and sewn or otherwise assembled in one or both of the Parties from fabric or yarn, regardless of origin, designated by the Committee for the Implementation of Textile Agreements (“CITA”) as not available in commercial quantities in a timely manner in the United States. Such designations by CITA, identifying apparel goods made from such fabric or yarn as eligible for entry under subheading 9819.11.24 or 9820.11.27, HTSUS, must have been made by notices published in the **Federal Register** no later than November 15, 2002. 1 For purposes of this section, any reference in these notices to fabric or yarn formed in the United States will be interpreted as also including fabric or yarn formed in Singapore. 1 These designations are set forth in notices published in the **Federal Register** on September 25, 2001 (66 FR 49005), November 19, 2001 (66 FR 57942), April 10, 2002 (67 FR 17412), May 28, 2002 (67 FR 36858), and September 5, 2002 (67 FR 56806). Origin Verifications and Determinations § 10.550 Verification and justification of claim for preferential treatment.

(a)*Verification.* A claim for preferential treatment made under § 10.510(a) of this subpart, including any statements or other information submitted to CBP in support of the claim, will be subject to such verification as the port director deems necessary. In the event that the port director is provided with insufficient information to verify or substantiate the claim, the port director may deny the claim for preferential treatment. A verification of a claim for preferential tariff treatment may be conducted by means of one or more of the following:

(1)Requests for information from the importer;

(2)Written requests for information to the exporter or producer;

(3)Requests for the importer to arrange for the exporter or producer to provide information directly to CBP;

(4)Visits to the premises of the exporter or producer in Singapore, in accordance with procedures that the Parties adopt pertaining to verification; and

(5)Such other procedures as the Parties may agree.

(b)*Applicable accounting principles.* When conducting a verification of origin to which Generally Accepted Accounting Principles may be relevant, CBP will apply and accept the Generally Accepted Accounting Principles applicable in the country of production. § 10.551 Issuance of negative origin determinations. If, as a result of an origin verification initiated under § 10.550 of this subpart, CBP denies a claim for preferential treatment made under § 10.510(a) of this subpart, it will issue a determination in writing or via an authorized electronic data interchange system to the importer that sets forth the following:

(a)A description of the good that was the subject of the verification together with the identifying numbers and dates of the import documents pertaining to the good;

(b)A statement setting forth the findings of fact made in connection with the verification and upon which the determination is based; and

(c)With specific reference to the rules applicable to originating goods as set forth in General Note 25, HTSUS, and in §§ 10.530 through 10.543 of this subpart, the legal basis for the determination. § 10.552 Information sharing by CBP regarding textile and apparel goods produced in the United States.

(a)*Documents or information in the possession of U.S. enterprises.* Upon written request from the Government of Singapore containing a brief statement of the matter at issue and the cooperation requested, CBP will promptly request from a U.S. enterprise and provide to the Government of Singapore, to the extent available, all correspondence, reports, bills of lading, invoices, order confirmations, and other documents or information relevant to circumvention that the Government of Singapore considers may have taken place.

(b)*Circumvention defined.* For purposes of this section and § 10.554 of this subpart, “circumvention” means providing a false claim or false information for the purpose of, or with the effect of, violating or evading existing customs, country of origin labeling, or trade laws of the Party into which the textile or apparel goods are imported, if such action results in the avoidance of tariffs, quotas, embargoes, prohibitions, restrictions, trade remedies, including antidumping or countervailing duties, or safeguard measures, or in obtaining preferential tariff treatment. Examples of circumvention include: Illegal transshipment; rerouting; fraud; false claims concerning country of origin, fiber content, quantities, description, or classification; falsification of documents; and smuggling. § 10.553 Textile and apparel site visits.

(a)*Visits to enterprises of Singapore.* U.S. officials may undertake to conduct site visits to enterprises in the territory of Singapore. U.S. officials will conduct such visits together with responsible officials of the Government of Singapore and in accordance with the laws of Singapore.

(b)*Denial of permission to visit.* If the responsible officials of an enterprise of Singapore that is proposed to be visited do not consent to the site visit, CBP will, if directed by The Committee for the Implementation of Textile Agreements (CITA), exclude from the territory of the United States textile or apparel goods produced or exported by the enterprise until CITA determines that the enterprise's production of, and capability to produce, such goods is consistent with statements by the enterprise that textile or apparel goods it produces or has produced are originating goods or products of Singapore. § 10.554 Exclusion of textile or apparel goods for intentional circumvention.

(a)*General.* If CITA finds that an enterprise of Singapore has knowingly or willfully engaged in circumvention, CBP will, if directed by CITA, exclude from the customs territory of the United States textile or apparel goods produced or exported by that enterprise for a period no longer than the applicable period described in paragraph

(b)of this section.

(b)*Time periods.* An exclusion from entry imposed under paragraph

(a)of this section will begin on the date a finding of knowing or willful circumvention is made by CITA and will remain in effect for the following applicable time period:

(1)With respect to a first finding, the applicable period is six months;

(2)With respect to a second finding, the applicable period is two years; or

(3)With respect to a third or subsequent finding, the applicable period is two years. If, at the time of a third or subsequent finding, an exclusion of goods with respect to an enterprise is in effect as a result of a previous finding, the two-year period applicable to the third or subsequent finding will begin on the day after the day on which the previous exclusion period terminates. Penalties § 10.560 General. Except as otherwise provided in this subpart, all criminal, civil or administrative penalties which may be imposed on U.S. importers for violations of the customs and related laws and regulations will also apply to U.S. importers for violations of the laws and regulations relating to the SFTA. § 10.561 Corrected claim or supporting statement. An importer who makes a corrected claim under § 10.510(b) will not be subject to civil or administrative penalties under 19 U.S.C. 1592 for having made an incorrect claim or supporting statement, provided that the corrected claim is promptly and voluntarily made. § 10.562 Framework for correcting claims or supporting statements.

(a)*“Promptly and voluntarily” defined.* Except as provided for in paragraph

(b)of this section, for purposes of this subpart, the making of a corrected claim or supporting statement will be deemed to have been done promptly and voluntarily if:

(i)Done within one year following the date on which the importer made the incorrect claim; or

(ii)Done later than one year following the date on which the importer made the incorrect claim, provided that the corrected claim is made:

(A)Before the commencement of a formal investigation, within the meaning of § 162.74(g) of this chapter; or

(B)Before any of the events specified in § 162.74(i) of this chapter has occurred; or

(C)Within 30 days after the importer initially becomes aware that the incorrect claim is not valid; and

(2)Accompanied by a statement setting forth the information specified in paragraph

(c)of this section; and

(3)Accompanied or followed by a tender of any actual loss of duties and merchandise processing fees, if applicable, in accordance with paragraph

(e)of this section.

(b)*Exception in cases involving fraud or subsequent incorrect claims.*

(1)*Fraud.* An importer who acted fraudulently in making an incorrect claim may not make a voluntary correction of that claim. For purposes of this paragraph, the term “fraud” will have the meaning set forth in paragraph (C)(3) of appendix B to Part 171 of this chapter.

(2)*Subsequent incorrect claims.* An importer who makes one or more incorrect claims after becoming aware that a claim involving the same merchandise and circumstances is invalid may not make a voluntary correction of the subsequent claims pursuant to paragraph (a)(1)(ii)(C) of this section.

(c)*Statement.* For purposes of this subpart, each corrected claim must be accompanied by a statement, submitted in writing or via an authorized electronic data interchange system, which:

(1)Identifies the class or kind of good to which the incorrect claim relates;

(2)Identifies each affected import transaction, including each port of importation and the approximate date of each importation.

(3)Specifies the nature of the incorrect statements or omissions regarding the claim; and

(4)Sets forth, to the best of the person's knowledge, the true and accurate information or data which should have been covered by or provided in the claim, and states that the person will provide any additional information or data which is unknown at the time of making the corrected claim within 30 days or within any extension of that 30-day period as CBP may permit in order for the person to obtain the information or data.

(d)*Substantial compliance.* For purposes of this section, a person will be deemed to have submitted the statement described in paragraph

(c)of this section even though that person provided corrected information in a manner which does not conform to the requirements of the statement specified in paragraph

(c)of this section, provided that the information submitted includes, orally or otherwise, substantially the same information as that specified in paragraph

(c)of this section.

(e)*Tender of actual loss of duties.* A U.S. importer who makes a corrected claim must tender any actual loss of duties at the time of making the corrected claim, or within 30 days thereafter, or within any extension of that 30-day period as CBP may allow in order for the importer to obtain the information or data necessary to calculate the duties owed.

(f)*Applicability of prior disclosure provisions.* Where a person fails to meet the requirements of this section, that person may nevertheless qualify for prior disclosure treatment under 19 U.S.C. 1592(c)(4) and 162.74 of this chapter. Goods Returned After Repair or Alteration § 10.570 Goods re-entered after repair or alteration in Singapore.

(a)*General.* This section sets forth the rules which apply for purposes of obtaining duty-free treatment on goods returned after repair or alteration in Singapore as provided for in subheadings 9802.00.40 and 9802.00.50, HTSUS. Goods returned after having been repaired or altered in Singapore, whether or not pursuant to a warranty, are eligible for duty-free treatment, provided that the requirements of this section are met. For purposes of this section, “repairs or alterations” means restoration, addition, renovation, re-dyeing, cleaning, re-sterilizing, or other treatment which does not destroy the essential characteristics of, or create a new or commercially different good from, the good exported from the United States.

(b)*Goods not eligible for duty-free treatment after repair or alteration.* The duty-free treatment referred to in paragraph

(a)of this section will not apply to goods which, in their condition as exported from the United States to Singapore, are incomplete for their intended use and for which the processing operation performed in Singapore constitutes an operation that is performed as a matter of course in the preparation or manufacture of finished goods.

(c)*Documentation.* The provisions of paragraphs (a), (b), and

(c)of § 10.8 of this part, relating to the documentary requirements for goods entered under subheading 9802.00.40 or 9802.00.50, HTSUS, will apply in connection with the entry of goods which are returned from Singapore after having been exported for repairs or alterations and which are claimed to be duty free. PART 24—CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE 5. The general authority citation for Part 24 and specific authority for § 24.23 continue to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1505, 1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 *et seq.* ). Section 24.23 also issued under 19 U.S.C. 3332. 6. Section 24.23 is amended by adding paragraph (c)(6) to read as follows: § 24.23 Fees for processing merchandise.

(c)* * *

(6)The ad valorem fee, surcharge, and specific fees provided under paragraphs (b)(1) and (b)(2)(i) of this section will not apply to goods that qualify as originating goods under § 202 of the United States-Singapore Free Trade Agreement Implementation Act ( *see also* General Note 25, HTSUS) that are entered, or withdrawn from warehouse for consumption, on or after January 1, 2004. PART 162—INSPECTION, SEARCH, AND SEIZURE 7. The authority citation for part 162 continues to read in part as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624. 8. Section 162.0 is amended by revising the last sentence to read as follows: § 162.0 Scope. * * * Additional provisions concerning records maintenance and examination applicable to U.S. importers, exporters and producers under the U.S.-Chile Free Trade Agreement and the U.S.-Singapore Free Trade Agreement are contained in Part 10, Subparts H and I of this chapter, respectively. PART 163—RECORDKEEPING 9. The authority citation for part 163 continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 1624. 10. Section 163.1(a)(2) is amended by redesignating paragraph (a)(2)(vii) as (a)(2)(viii) and adding a new paragraph

(vii)to read as follows: § 163.1 Definitions.

(a)* * *

(2)* * *

(vii)The maintenance of any documentation that the importer may have in support of a claim for preferential tariff treatment under the United States-Singapore Free Trade Agreement (SFTA), including a SFTA importer's supporting statement if previously required by the port director. 11. The Appendix to Part 163 is amended by adding two new listings under section IV in numerical order to read as follows: Appendix to Part 163—Interim (a)(1)(A) List. IV. * * * § 10.512 SFTA records that the importer may have in support of a SFTA claim for preferential tariff treatment, including an importer's supporting statement if previously required by the port director. 10.522 SFTA TPL Certificate of eligibility. PART 178—APPROVAL OF INFORMATION COLLECTION REQUIREMENTS 12. The authority citation for part 178 continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 U.S.C. 3501 *et seq.* 13. Section 178.2 is amended by adding new listings for §§ 10.510 and 10.511 to the table in numerical order to read as follows: § 178.2 Listing of OMB control numbers. 19 CFR section Description OMB control No. * * * * * * * §§ 10.510 and 10.511 Claim for preferential tariff treatment under the US-Singapore Free Trade Agreement 1651-0117 * * * * * * * Deborah J. Spero, Acting Commissioner, U.S. Customs and Border Protection. Approved: June 1, 2007. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. E7-11078 Filed 6-8-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-07-044] Drawbridge Operation Regulations; Long Island, New York Waterway From East Rockaway Inlet to Shinnecock Canal, Hempstead, NY AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations; request for comments. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Meadowbrook State Parkway Bridge across Sloop Channel at mile 12.8, at Hempstead, New York. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the bridge to open on signal if at least a half-hour notice is given to the New York State Department of Transportation, except that, from 7 a.m. to 8 p.m. on Saturdays, Sundays, and Federal holidays, the draw shall open every hour, on the hour, if at least a half-hour notice is given. In addition, the bridge need not open from 9:30 p.m. to midnight on June 30, 2007 and the rain date July 1, 2007, if needed, and from 9 p.m. to 11 p.m. on July 4, 2007, for the annual fireworks displays. DATES: This deviation is effective from June 25, 2007 through November 30, 2007. Comments must reach the Coast Guard on or before December 15, 2007. ADDRESSES: You may mail comments and related material to Commander (dpb), First Coast Guard District Bridge Branch, One South Street, Battery Park Building, New York, New York, 10004, or deliver them to the same address between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The First Coast Guard District, Bridge Branch, maintains the public docket for this deviation. Comments and material received from the public, as well as documents indicated in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at the First Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at

(631)578-5903, except that, from 7 a.m. to 8 p.m. on Saturdays, Sundays, and Federal holidays, the draw shall open on signal, every hour on the hour, if at least a half-hour notice is given. In addition, the bridge need not open from 9:30 p.m. to midnight on June 30, 2007 and the rain date July 1, 2007, and from 9 p.m. to 11 p.m. on July 4, 2007, for the annual fireworks display. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: June 1, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E7-11178 Filed 6-8-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-07-046] Drawbridge Operation Regulations; Long Island, New York Inland Waterway from East Rockaway Inlet to Shinnecock Canal, Jones Beach, NY AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations; request for comments. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Wantagh State Parkway Bridge, across Goose Creek, at mile 16.1, at Jones Beach, New York. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the bridge to open on signal if at least a half-hour notice is given to the New York State Department of Transportation, except that, from 7:30 a.m. to 8:30 p.m. on Saturdays, Sundays, and Federal holidays, the draw shall be opened every hour on the half-hour after at least a half-hour notice is given. The bridge need not open from 9 p.m. to 11 p.m. on the Fourth of July for fireworks display. DATES: This deviation is effective from June 25, 2007 through November 30, 2007. Comments must reach the Coast Guard on or before December 15, 2007. ADDRESSES: You may mail comments and related material to Commander (dpb), First Coast Guard District Bridge Branch, One South Street, Battery Park Building, New York, New York, 10004, or deliver them to the same address between 7 a.m. and 3 p.m., Monday through Friday, except, Federal holidays. The First Coast Guard District, Bridge Branch, maintains the public docket for this deviation. Comments and material received from the public, as well as documents indicated in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at the First Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at

(516)242-2637, except that, from 7:30 a.m. to 8:30 p.m. on Saturdays, Sundays, and Federal holidays, the draw shall open on signal once an hour on the half-hour provided at least a half-hour notice is given. The draw need not open for the passage of vessel traffic from 9 p.m. through 11 p.m. on July 4, 2007. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: June 1, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E7-11180 Filed 6-8-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-07-045] Drawbridge Operation Regulations; Long Island, New York Inland Waterway From East Rockaway Inlet to Shinnecock Canal, Jones Beach, NY AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations; request for comments. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Loop Parkway Bridge, across Long Creek at mile 0.7, at Jones Beach, New York. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the bridge to open on signal for all marine traffic, Monday through Friday twice an hour at twenty and fifty minutes after the hour, from 6:20 a.m. to 7:20 p.m., except that, between 9:50 a.m. and 3:20 p.m., the bridge shall open on signal for all commercial vessels. On Saturday, Sunday, and Federal Holidays, the bridge shall open on signal twice an hour, at twenty minutes and fifty minutes after the hour, between 7:20 a.m. and 8:20 p.m., except that, the bridge shall open on signal for all commercial vessels. Additionally, the bridge need not open during the annual fireworks display from 9:30 p.m. to midnight on June 30, 2007 and the rain date July 1, 2007, if needed. At all other times the bridge shall open on signal for all vessel traffic. DATES: This deviation is effective from June 25, 2007 through November 30, 2007. Comments must reach the Coast Guard on or before December 15, 2007. ADDRESSES: You may mail comments and related material to Commander (dpb), First Coast Guard District Bridge Branch, One South Street, Battery Park Building, New York, New York, 10004, or deliver them to the same address between 7 a.m. and 3 p.m., Monday through Friday, except, Federal holidays. The First Coast Guard District, Bridge Branch, maintains the public docket for this deviation. Comments and material received from the public, as well as documents indicated in this notice as being available in the docket, will become part of this docket and will be available for inspection or copying at the First Coast Guard District, Bridge Branch, 7 a.m. to 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at

(212)668-7195. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in evaluating this test schedule by submitting comments or related material. If you do so, please include your name and address, identify the docket number for this deviation (CGD01-07-045), indicate the specific section of this document to which each comment applies, and give the reason for each comment. Please submit all comments and related material in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying. If you would like to know if they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. Comments must be received by December 15, 2007. Background and Purpose The Loop Parkway Bridge has a vertical clearance in the closed position of 21 feet at mean high water and 25 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.799(f). New York State Department of Transportation requested a temporary deviation from the drawbridge operation regulations to test an alternate drawbridge operation schedule to help better balance the needs between vehicular land traffic and marine vessel traffic. Additionally, the Town of Hempstead has requested a temporary deviation to accommodate vehicular traffic during their Annual Salute to Veterans and Fireworks Display. Under this temporary deviation, in effect from June 25, 2007 through November 30, 2007, the Loop Parkway Bridge at mile 0.7, across Long Creek, shall operate as follows: The bridge shall open on signal for all marine traffic, Monday through Friday twice an hour, at twenty and fifty minutes after the hour, from 6:20 a.m. to 7:20 p.m., except that, between 9:50 a.m. and 3:20 p.m., the bridge shall open on signal for all commercial vessels. On Saturday, Sunday, and Federal Holidays, the bridge shall open on signal twice an hour, at twenty and fifty minutes after the hour, between 7:20 a.m. and 8:20 p.m., except that, the bridge shall open on signal for all commercial vessels at all times. The bridge need not open for vessel traffic during the annual fireworks display from 9:30 p.m. to midnight on June 30, 2007 and the rain date July 1, 2007, if needed. At all other times the bridge shall open on signal for all vessel traffic. In accordance with 33 CFR 117.35(e), the bridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: June 1, 2007. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E7-11179 Filed 6-8-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01-07-008] RIN 1625-AA00 Safety Zone: Beverly Homecoming Fireworks, Beverly, MA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone for the Beverly Homecoming Fireworks on August 5, 2007, temporarily closing all navigable waters of Beverly Harbor within a five hundred

(500)yard radius of the fireworks barge located at approximate position 42°32.650′ N, 070°51.980′ W. The safety zone is necessary to protect the life and property of the maritime public from the potential hazards posed by a fireworks display. The safety zone temporarily prohibits entry into or movement within this portion of Beverly Harbor during its closure period. DATES: This rule is effective from 8:30 p.m. EDT on August 5, 2007 until 11:30 p.m. EDT on August 5, 2007. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket are part of docket CGD01-07-008 and are available for inspection or copying at Sector Boston, 427 Commercial Street, Boston, MA between the hours of 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Petty Officer Joseph Yonker, Sector Boston, Waterways Management Division, at

(617)223-5007. SUPPLEMENTARY INFORMATION: Regulatory History On April 16, 2007, we published a notice of proposed rulemaking

(NPRM)entitled “Safety Zone; Beverly Homecoming Fireworks, Beverly Harbor, MA” in the **Federal Register** (72 FR 18931). We did not receive any letters commenting on the proposed rule. No public meeting was requested, and none was held. Background and Purpose This rule establishes a safety zone on the navigable waters of Beverly Harbor within a 500 yard radius around the fireworks barge located at approximate position 42°32.650′ N, 070°51.980′ W. The safety zone is in effect from 8:30 p.m. EDT until 11:30 p.m. EDT on August 5, 2007. The safety zone temporarily restricts movement within this portion of Beverly Harbor and is needed to protect the maritime public from the dangers posed by a fireworks display. Marine traffic may transit safely outside of the zone during the effective period. The Captain of the Port does not anticipate any negative impact on vessel traffic due to the event. Public notifications will be made prior to the effective period via marine information broadcasts and Local Notice to Mariners. Discussion of Comments and Changes The Coast Guard did not receive any comments from the public in response to the NPRM and as a result, no changes have been made to this temporary final rule. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. The Coast Guard expects the economic impact of this rule to be so minimal that a full Regulatory Evaluation under of the regulatory policies and procedures of DHS is unnecessary. Although this rule prevents vessel traffic from transiting a portion of Beverly Harbor during the effective period, the effects of this regulation will not be significant for several reasons: Vessels will be excluded from the proscribed area for three hours, vessels will be able to operate in the majority of Marblehead Harbor during the effective period, and advance notifications will be made to the local maritime community by marine information broadcasts and Local Notice to Mariners. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in a portion of Beverly Harbor from 8:30 p.m. EDT until 11:30 p.m. EDT on August 5, 2007. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This rule will be in effect for only three hours, vessel traffic can safely pass around the zone, and advance notifications will be made to the local maritime community by marine information broadcasts and Local Notice to Mariners. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by State, local or tribal governments, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not pose an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standard. Environment We have analyzed this rule under Commandant Instruction M16475.1D and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969

(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(g) of the Instruction, from further environmental documentation. This rule fits the category selected from paragraph (34)(g), as it would establish a safety zone to deal with an emergency situation and that safety zone would be in effect for only three hours. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” will be available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 701; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T01-008 to read as follows: § 165.T01-008 Safety Zone; Beverly Homecoming Fireworks, Beverly Harbor, Massachusetts.

(a)*Location* . The following area is a safety zone: All navigable waters of Beverly Harbor within a 500 yard radius of the fireworks barge located at approximate position 42°32.650′ N, 070°51.980′ W.

(b)*Effective Date* . This section is effective from 8:30 p.m. EDT until 11:30 p.m. EDT on August 5, 2007.

(c)*Definitions* .

(1)As used in this section, *designated representative* means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port (COTP).

(2)*[Reserved]* .

(d)*Regulations* .

(1)In accordance with the general regulations in 165.23 of this part, entry into or movement within this zone by any person or vessel is prohibited unless authorized by the Captain of the Port (COTP), Boston or the COTP's designated representative.

(2)The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP's designated representative.

(3)Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTP's designated representative on VHF Channel 16 (156.8 MHz) to seek permission to do so. If permission is granted, vessel operators must comply with all directions given to them by the COTP or the COTP's designated representative. Dated: May 31, 2007. James L. McDonald, Captain, U.S. Coast Guard, Captain of the Port, Boston, Massachusetts. [FR Doc. E7-11173 Filed 6-8-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations

(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map

(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472,

(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency

(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety

(90)days have elapsed since that publication. The Mitigation Assistant Administrator of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act* . This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act* . As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification* . This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism* . This final rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform* . This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: State City/town/county Source of flooding Location *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground Modified Burnett County, Texas (Unincorporated Areas) Docket No.: B-7464 Texas Burnett County (Unincorporated Areas) Colorado River (Lake Travis) Approximately 2000 feet upstream from Shaw Drive (Burnett/Travis County Line) *722 Texas Burnett County (Unincorporated Areas) Colorado River (Lake Travis) Eastern face of Max Starcke Dam *724 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Burnett County (Unincorporated Areas) Maps are available for inspection at 220 South Pierce Street, Room 17, Burnett, TX 78611. Flooding source(s) Location of referenced elevation *Elevation in feet

(NGVD)+Elevation in feet

(NAVD)#Depth in feet above ground Modified Communities affected Clinton County, New York (All Jurisdictions) Docket No.: FEMA-D-7688 AuSable River Approximately 2.2 miles upstream of Lower Road Bridge +491 Town of Ausable. At the confluence with West Branch AuSable River +550 Town of Black Brook. Fern Lake The entire shoreline +1,225 Town of Black Brook. Salmon River Approximately 2,750 feet upstream of Fox Farm Road +306 Town of Peru. Approximately 1.2 miles upstream of Conners Road +585 Saranac River Approximately 5,100 feet upstream of Ore Bed Road +1,090 Town of Black Brook. Approximately 170 feet upstream of Union Falls Road +1,414 West Branch At the confluence with AuSable River +550 Town of Black Brook. AuSable River Approximately 170 feet upstream of the confluence with AuSable River +551 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Town of Ausable Maps are available for inspection at the Ausable Town Office, 111 Ausable Street, Keeseville, New York. Town of Black Brook Maps are available for inspection at the Black Brook Town Office, 18 North Main Street, Ausable Forks, New York. Town of Peru Maps are available for inspection at the Peru Town Office, 3036 Main Street, Peru, New York. McClain County, Oklahoma, and Incorporated Areas Docket No.: FEMA-B-7473 Beaver Creek Confluence with Walnut Creek Purcell Lake +1042 +1049 City of Purcell. Crooked Bridge Creek Approximately 2000 feet downstream of the intersection with State Route 74 +1102 Town of Goldsby. Approximately 2800 feet upstream from the intersection with State Route 746 +1198 Walnut Creek Approximately 100 feet upstream from intersection with Interstate Highway 35 +1045 City of Purcell, McClain County (Unincorporated Areas) Approximately 3000 feet upstream from the intersection with W. Adams Street +1049 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of Purcell Maps are available for inspection at 230 W. Main, Purcell, OK 73080. Town of Goldsby Maps are available for inspection at 100 E. Center Rd., Goldsby, OK 73093. McClain County (Unincorporated Areas) Maps are available for inspection at 121 N. 2nd, Purcell, OK 73080. Snyder County, Pennsylvania, and Incorporated Areas Docket No.: FEMA-B-7473 Middle Creek Approximately 550 feet upstream of Middle Creek Road +433 Township of Union, Township of Penn. Approximately 750 feet downstream of Legislative Route 229 +433 Penns Creek Approximately at Penns Creeks confluence with the Susquehanna River +431 Borough of Selinsgrove, Township of Penn, Township of Union. Approximately 3250 feet downstream of Gravel Pit Road +439 Penns Creek Approximately 7000 feet downstream of Legislative Route 509 +452 Township of Jackson. Approximately 7200 feet upstream of Legislative Route 509 +466 Silver Creek Approximately 780 feet downstream of U.S. Routes 11 & 15 +420 Township of Union. Approximately 980 feet upstream of U.S. Routes 11 & 15 +421 South Tributary Approximately 420 feet downstream of Market Street +435 Township of Penn, Borough of Selinsgrove. Just upstream of West Sandhill Road +435 Susquehanna River Approximately at the Juniata & Snyder County boundary +405 Township of Penn, Borough of Selinsgrove, Borough of Shamokin Dam, Township of Chapman, Township of Monroe, Township of Union. Approximately at Route 11 at the boundary of Snyder & Union Counties +448 West Mahantango Creek Approximately at West Mahantango Creek's Confluence with Susquehanna River +405 Township of Chapman Approximately 175 feet downstream of Old Trail Road +405 # Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Borough of Selinsgrove Maps are available for inspection at 1 North High Street, Selinsgrove, PA 17870. Borough of Shamokin Dam Maps are available for inspection at 144 West Eighth Ave, Shamokin Dam, PA 17876. Township of Chapman Maps are available for inspection at 1151 Wagner Hill Road, Port Trevorton, PA 17864. Township of Jackson Maps are available for inspection at 57 Municipal Road, Winfield, PA 17889. Township of Monroe Maps are available for inspection at 39 Municipal Drive, Selinsgrove, PA 17870. Township of Penn Maps are available for inspection at 12 Clifford Road, Selinsgrove, PA 17870. Township of Union Maps are available for inspection at 1510 McNess Road, Port Trevorton, PA 17864. Cumberland County, Tennessee, and Incorporated Areas Docket No.: FEMA-B-7702 Obed River At Interstate Highway 40 +1674 Cumberland County (Unincorporated Areas). At confluence with Obed Creek +1702 City of Crossville. Obed Creek At confluence with Obed River +1702 City of Crossville. Approximately 1500 feet upstream of confluence with Town Branch +1736 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Cumberland County (Unincorporated Areas) Maps are available for inspection at: Cumberland County, 2 North Main Street, Suite 203, Crossville, TN 38555. City of Crossville Maps are available for inspection at: Cumberland County EOC, 42 Southbend Drive, Crossville, TN 38555. Whatcom County, Washington, and Incorporated Areas Docket No.: FEMA-B-7704 Birch Bay Intersection of Birch Bay Drive and Lora Lane *8 Whatcom County (Unincorporated Areas). Intersection of Birch Bay Drive and Harborview Road *12 500 feet southwest of the intersection of Comox Road and Nakat Place *14 Lummi Bay 2000 feet south of the intersection of Sicia Drive and Germaine Road, 100 feet west of Sucia Drive *10 Tribe of Lummi Indian Reservation. 1500 feet north of the intersection of Sucia Drive and Thetis Street, 100 feet west of Sucia Drive *11 * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Tribe of Lummi Indian Reservation Maps are available for inspection at Lummi Land Development Office, 2616 Kwina Drive, Bellingham, WA 98226. Whatcom County (Unincorporated Areas) Maps are available for inspection at Whatcom County Public Works, River and Flood Division, 322 North Commercial Street, Suite 1200, Bellingham, WA 98225. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: May 24, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-10961 Filed 6-8-07; 8:45 am] BILLING CODE 9110-12-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 393 [Docket No. FMCSA-1997-2364] RIN 2126 AB07 Parts and Accessories Necessary for Safe Operation; Lamps and Reflective Devices AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. SUMMARY: FMCSA amends its regulations concerning parts and accessories necessary for safe operation in response to a petition for reconsideration filed by the Truck Manufacturers Association. As requested by a petitioner, this amendment resolves an inconsistency between FMCSA's Federal Motor Carrier Safety Regulations and the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards. DATES: This rule is effective July 11, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey J. Van Ness, phone

(202)366-8802, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: Legal Basis for the Rulemaking The legal basis for the August 15, 2005, final rule entitled “Parts and Accessories Necessary for Safe Operation; General Amendments,” was set forth in detail there [70 FR 48008- 48009]. That legal basis statement also applies here and will not be reprinted. One purpose of the 2005 rule, as described in the legal basis section, was to “resolve inconsistencies between [49 CFR] part 393 and the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards (49 CFR part 571) * * *” [70 FR 48008]. This rule responds to a petition for reconsideration of the 2005 rule. Petitioner has brought to the Federal Motor Carrier Safety Administration's (FMCSA) attention another inconsistency, this one between a provision on auxiliary lamps adopted in the 2005 rule [49 CFR 383.11(d)] and a National Highway Traffic Safety Administration (NHTSA) interpretation of its standard for “Lamps, reflective devices, and associated equipment” [49 CFR 571.108, S5.1.3], which was issued almost simultaneously. In resolving the new inconsistency, this rule simply completes the process begun in 2005. Background On August 15, 2005, FMCSA published a final rule that amended 49 CFR part 393, Parts and Accessories Necessary for Safe Operation (70 FR 48008). The amendments removed obsolete and redundant regulations; responded to several petitions for rulemaking; provided improved definitions of vehicle types, systems, and components; resolved inconsistencies between 49 CFR part 393 and NHTSA's Federal Motor Vehicle Safety Standards (FMVSSs) (49 CFR part 571); and codified certain FMCSA regulatory guidance concerning the requirements of 49 CFR part 393. Generally, the amendments did not establish new or more stringent requirements, but merely clarified existing requirements. The final rule was intended to make many sections more concise, easier to understand, and more performance-oriented. The final rule was based on a notice of proposed rulemaking

(NPRM)published by the Federal Highway Administration

(FHWA)on April 14, 1997 (62 FR 18170). FHWA had received numerous petitions for rulemaking and requests for interpretation of the requirements of 49 CFR part 393, which suggested the need for amendments to clarify several provisions of the safety regulations. In addition, NHTSA, the Federal agency responsible for establishing safety standards for the manufacture of motor vehicles and certain motor vehicle equipment, had made several amendments to its FMVSSs that necessitated amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) in order to eliminate inconsistencies between 49 CFR parts 393 and 571. Petition for Reconsideration of § 393.11 Summary On September 6, 2005, the Truck Manufacturers Association

(TMA)submitted a petition for reconsideration of FMCSA's August 15, 2005, final rule. The TMA is an association of medium and heavy-duty truck manufacturers located in Washington, DC. Member companies include Ford Motor Company; Freightliner LLC; General Motors Corporation; International Truck and Engine Corporation; Isuzu Motors America, Inc.; Mack Trucks, Inc.; PACCAR, Inc.; and Volvo Trucks North America, Inc. The TMA identified what it believes is “an unintended inconsistency” between one of the requirements of FMCSA's August 15, 2005, final rule and a recent interpretation it had received from NHTSA. Specifically, the final rule amended § 393.11(d), “Prohibition on the use of auxiliary lamps that supplement the identification lamps,” to state: No commercial motor vehicle may be equipped with lamps that are in a horizontal line with the required identification lamps unless those lamps are required by this regulation. However, TMA notes that the language above contradicts guidance on the same issue provided by NHTSA in a letter of interpretation, dated July 28, 2005. Where the above language prohibits all auxiliary lamps that are in a horizontal line with the required identification lamps, the NHTSA regulation [S5.1.3 of FMVSS No. 108, Lamps, Reflective Devices, and Associated Equipment] only “prohibits installation of lamps that would impair the effectiveness of the required lighting.” The NHTSA's interpretation letter clarifies that additional lamps may be installed on commercial motor vehicles provided that the auxiliary lamps are positioned at a distance that is at least twice the distance that separates each lamp in the required three-lamp cluster. Representatives from FMCSA met with NHTSA to discuss the rationale used in developing the position set forth in the interpretation letter and how it relates to the TMA petition. The FMCSA agreed that NHTSA's spacing guidelines for auxiliary lamps, outlined in the July 2005 interpretation letter, ensure that the effectiveness of the three-lamp cluster is not impaired by auxiliary lighting devices. Therefore, FMCSA granted TMA's petition. Today's final rule amends the August 2005 final rule by deleting § 393.11(d). Background For vehicles of 80 or more inches in overall width, Table II of FMVSS No. 108 requires that three amber identification lamps (three-lamp cluster) be located as close as practicable to the top center of the vehicle or the cab with lamps placed 6 to 12 inches apart. The function of this three-lamp cluster is to indicate the presence of a large vehicle on the roadway. Table II of FMVSS No. 108 also requires that two amber clearance lamps be installed “to indicate the overall width of the vehicle * * * and as near the top thereof as practicable.” In addition, S5.1.3 of FMVSS No. 108 prohibits the installation of lamps that would impair the effectiveness of the required lighting, including the identification lamp cluster. The NHTSA has long maintained that highway traffic safety is enhanced by the familiarity of drivers with established lighting schemes, which facilitates their ability to instantly recognize the meaning the lamps convey and to respond accordingly. The NHTSA previously explained in opinion letters that auxiliary lamps must be located so that they would not interfere or be confused with the lamps required by FMVSS No. 108. FMCSA concluded that § 393.11(d) was appropriate and consistent with NHTSA's previous enforcement guidance. However, several weeks before the 49 CFR part 393 final rule was published on August 15, 2005, TMA had written to NHTSA requesting an interpretation regarding the installation of certain auxiliary lighting on heavy-duty trucks and truck tractors. In part, TMA asked about installing auxiliary lamps in the vicinity of the front identification and clearance lamps—the issue specifically addressed in § 393.11(d). The NHTSA responded to TMA on July 28, 2005—less than two weeks before FMCSA's final rule was issued—and provided the following information: * * * [A]uxiliary lamps located immediately adjacent to the three-lamp cluster would not be permitted by FMVSS No. 108 because they would impair the effectiveness of identification lamps. The purpose of the three-lamp cluster requirement is to signal the presence of a large vehicle to other drivers. The number of lamps, three, is a part of the signal, and additional lamps could make the signal less recognizable. However, NHTSA recognized “the need for guidance with respect to the permissible positioning of auxiliary lamps located between the clearance lamps and the three-lamp cluster.” And NHTSA concluded that “positioning auxiliary lamps at a distance that is at least twice the distance that separates each lamp in the required three-lamp cluster provides sufficient separation not to impair the effectiveness of the three-lamp cluster.” Clearly, the guidance provided in NHTSA's July 2005 interpretation letter contradicts the regulatory language in § 393.11(d), which prohibits any lamps that are in a horizontal line with the required identification lamps unless those lamps are required by regulation. The TMA notified FMCSA of this discrepancy via telephone on August 15, 2005—the day the amendments to 49 CFR part 393 were published—and faxed a copy of the NHTSA interpretation letter to FMCSA. The TMA submitted its petition for reconsideration of the 49 CFR part 393 amendments on September 6, 2005. It is important to note that neither FMCSA nor NHTSA ever expressly *prohibited* the installation of auxiliary lamps. In instances where manufacturers have chosen to install lamps in addition to those which are required by regulation [S5.1.3 of FMVSS No. 108], NHTSA interpretations have required only that the auxiliary lamps not impair the effectiveness of the required lighting. In general, both FMCSA and NHTSA believe that additional lamps will improve the conspicuity of trucks and trailers and, thus, increase highway safety, provided that the additional lamps do not interfere with and are not confused with the lamps required by FMVSS No. 108. However, the July 2005 interpretation letter to TMA represents the first time objective, measurable limits regarding the location and spacing of auxiliary lamps have been specified. The NHTSA determined that this was necessary to provide detailed guidance to TMA and others regarding the permissible positioning of auxiliary lamps located between the clearance lamps and the three-lamp cluster. The FMCSA believes that increased safety can be realized through improved conspicuity of vehicles. It is FMCSA's position that the installation of auxiliary lamps will not detract from the effectiveness of the required lighting provided that the spacing between the three-lamp cluster and any auxiliary lamps is maintained as outlined in the NHTSA interpretation letter to TMA. Conclusion FMCSA finds that positioning auxiliary lamps at a distance that is at least twice the distance that separates each lamp in the required three-lamp cluster provides sufficient separation to prevent the auxiliary lighting devices from decreasing the effectiveness of the three-lamp cluster. Further, FMCSA believes that it is important to maintain consistency, to the maximum extent practicable, between FMCSA and NHTSA regulations. Trucks and trailers that are configured with auxiliary lamps meeting the conditions outlined in NHTSA's July 2005 interpretation letter are considered by FMCSA as fully compliant with the Federal safety regulations. FMCSA does not believe that it is appropriate to retain the current language in § 393.11 which prohibits the installation of auxiliary lamps that are permitted by the NHTSA interpretation. Consistent with the above, FMCSA is rescinding § 393.11(d) in this final rule. Regulatory Analyses and Notices Good Cause Exception to Notice and Comment FMCSA has determined that prior notice and opportunity for comment on this final rule are unnecessary. One of the stated purposes of the August 15, 2005, rule (Summary, 70 FR 48008) was to “resolve inconsistencies between part 393 and the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards (49 CFR part 571).” That point was driven home throughout the rule by repeated comparison of the two agencies' regulations and the adoption of amendments to make 49 CFR part 393 consistent with 49 CFR part 571. The section dealing with § 393.11 (70 FR 48012-48013) was little more than a discussion of NHTSA actions that required changes to the FMCSA lighting rules. As it happened, the August 15, 2005, rule created an inconsistency with NHTSA's recently-issued interpretation of FMVSS No. 108. This final rule simply corrects one more anomaly. It imposes no additional costs or requirements on motor carriers and does not adversely affect safety. Therefore, FMCSA finds good cause pursuant to 5 U.S.C. 553(b) to adopt the rule without notice and comment. Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures FMCSA has determined that this action is not a significant regulatory action within the meaning of Executive Order 12866 or Department of Transportation regulatory policies and procedures. This document is not required to be reviewed by the Office of Management and Budget. Because this rulemaking merely makes a minor change that will not result in additional costs, a regulatory evaluation has not been prepared by the Agency. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-612), FMCSA has considered the effects of this regulatory action on small entities and determined that this rule will not have a significant impact on a substantial number of small entities. Because this rulemaking merely makes a minor change that will not result in additional costs, a regulatory flexibility analysis has not been prepared by the Agency. Unfunded Mandates Reform Act of 1995 This rulemaking will not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 *et seq.* ), that will result in the expenditure by State, local, and tribal governments in the aggregate or by the private sector of $120.7 million or more in any one year. Executive Order 12988 (Civil Justice Reform) This action will meet applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children) FMCSA has analyzed this action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rulemaking does not concern an environmental risk to health or safety that may disproportionately affect children. Executive Order 12630 (Taking of Private Property) This rulemaking will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Civil Constitutionally Protected Property Rights. Executive Order 13132 (Federalism) This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132. It has been determined that this rulemaking will not have a substantial direct effect on States nor will it limit the policy-making discretion of the States. Nothing in this document will preempt any State law or regulation. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. Paperwork Reduction Act This final rule does not contain a collection of information requirement for the purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). National Environmental Policy Act FMCSA analyzed this final rule for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) and determined under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004) that this action is categorically excluded

(CE)under Appendix 2, paragraph 6.b. from further environmental documentation. This CE relates to establishing regulations and actions taken pursuant to these regulations that are editorial in nature. In addition, FMCSA believes that the action includes no extraordinary circumstances that would have any effect on the quality of the environment. Thus, the action does not require an environmental assessment or an environmental impact statement. FMCSA also analyzed this final rule under the Clean Air Act (CAA), as amended section 176(c), (42 U.S.C. 7401 *et seq.* ) and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA's general conformity requirement since it involves rulemaking activity which would not result in any emissions increase nor would it have any potential to result in emissions that are above the general conformity rule's de minimis emission threshold levels (40 CFR 93.153(c)(2)). Moreover, it is reasonably foreseeable that the rule would not increase total CMV mileage, change the routing of CMVs, change how CMVs operate, or change the CMV fleet-mix of motor carriers. This action merely rescinds a regulatory provision that conflicts with an NHTSA interpretation. Executive Order 13211 (Energy Effects) FMCSA has analyzed this action under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. It has been determined that this action will not be a *significant energy action* under that order because it will not be economically significant and will not be likely to have a significant adverse effect on the supply, distribution, or use of energy. List of Subjects for 49 CFR Part 393 Highways and roads, incorporation by reference, motor carriers, motor vehicle equipment, motor vehicle safety. In consideration of the foregoing, FMCSA amends 49 CFR part 393 as follows: PART 393—PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION 1. The authority citation for part 393 continues to read as follows: Authority: 49 U.S.C. 322, 31136, and 31502; section 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73. § 393.11 [Amended] 2. Amend § 393.11 by removing paragraph

(d)and by revising the heading of Table 1 to read “Table 1 of § 393.11—Required Lamps and Deflectors on Commercial Motor Vehicles”. Issued on: May 30, 2007. John H. Hill, Administrator. [FR Doc. E7-11112 Filed 6-8-07; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 573, 577 and 579 [Docket No. NHTSA-2007-27356; Notice 1] Defect and Noncompliance Notification, Reports, and Responsibility; Reporting of Information and Documents Concerning Potential Defects AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Final rule; Changes of address and other administrative adjustments. SUMMARY: This final rule contains administrative adjustments to part 573, Defect and Noncompliance Responsibility and Reports; part 577, Defect and Noncompliance Notification; and part 579, Reporting of Information and Communications about Potential Defects, of Title 49 of the CFR. Specifically, we are updating and/or supplementing the mailing and address information found in some sections, and correcting erroneous references found in other sections. We are also moving one paragraph of part 573, requiring submission of draft owner notification letters to NHTSA, to another paragraph found in part 577 that addresses the content of owner notification letters, where that paragraph more logically fits. None of these amendments impose or relax any substantive requirements or burdens on manufacturers. DATES: This final rule is effective July 11, 2007. FOR FURTHER INFORMATION CONTACT: Jennifer T. Timian, Office of Defects Investigation (NVS-215), NHTSA, 1200 New Jersey Avenue, SE., Washington, DC, 20590, telephone

(202)366-0209. SUPPLEMENTARY INFORMATION: Reasons for the Technical Amendments In various sections of parts 573 and 577 of Title 49 of the Code of Federal Regulations (CFR), manufacturers are required to report information, submit documentation, and engage in specific activities if a motor vehicle or an item of motor vehicle equipment they manufactured contains a safety defect or fails to comply with a Federal Motor Vehicle Safety Standard (FMVSS). Pursuant to part 579 of that same title, manufacturers are also required to report what is termed early warning information, including information concerning claims, deaths, and injuries, which is gathered to detect possible safety-related defects in particular motor vehicles and items of motor vehicle equipment. Depending on the particular section in question, manufacturers are required to address their submissions to certain offices at NHTSA's headquarters, and/or to particular e-mail addresses linked to those particular offices. The Department of Transportation, including NHTSA, is in the process of relocating its headquarters. The NHTSA offices affected by this notice moved to the new headquarters on May 31, 2007. Therefore, administrative adjustments are necessary to update the mailing address information in some sections. We are also taking the opportunity through this final rule to supplement other mailing and address information found in some sections, correct errors found in other sections, and relocate one paragraph whose subject matter is more appropriate to another paragraph. As one example, we are amending the address for mailed defect and noncompliance notifications for safety recalls as well as for other submissions concerning those recalls, and including a new e-mail address, so that important safety information is routed directly to those in NHTSA responsible for reviewing and processing it. Similarly, we are amending the mailing address and updating the e-mail addresses for mailed early warning reporting submissions so that information concerning potential safety defects is routed directly to those in NHTSA responsible for reviewing and processing this information. The Administrative Procedure Act, 5 U.S.C. 553, generally requires an agency to provide notice and an opportunity for comment before issuing a final rule. However, under 5 U.S.C. 553(b)(3)(A), notice and comment are not required for rules of agency organization, procedure, or practice. Nearly all of the changes made by this notice concern where and how to submit information to NHTSA in light of the agency's move to its new headquarters and are, therefore, related to NHTSA's organization. In addition, under 5 U.S.C. 553(b)(3)(B), an agency may issue a rule without notice and comment when it finds, for good cause, that notice and comment would be impracticable, unnecessary, or contrary to the public interest. None of the changes made today will impose or relax any substantive requirements or burdens on manufacturers. 1 These administrative adjustments, however, will provide to entities that are currently required to submit information to NHTSA the best methods of ensuring proper delivery of that information. Moreover, these amendments will enable the agency to process and manage important safety-related information in a more expeditious fashion. Because these amendments merely inform the public of proper mailing addresses and mail routing codes, move a paragraph concerning a required submission to its more logical location so that it can be more easily found, and correct erroneous information (such as outmoded titles for agency officials), public comment on the changes would serve no purpose. Moreover, allowing time for such comment in light of the agency's imminent move to its new headquarters would be contrary to the public interest because it could result in important safety-related submissions going astray. Accordingly, NHTSA finds for good cause that any notice and opportunity for comment on these administrative adjustments is not necessary. 1 We note, for one example, that none of the administrative adjustments made by today's final rule supersedes the requirement in 49 U.S.C. 30118(c) that manufacturers notify NHTSA by certified mail when they learn a product they manufacture contains a safety defect or does not comply with a FMVSS. In this context, certified mail includes such services as the United States Postal Service or private carriers offer. This is a statutory directive and one that we do not have the authority to modify. For the reader's convenience, we have added a reference to it in the rule text. However, in order to assist the agency in most efficiently processing this information, we continue to permit submission of additional copies of these notifications (commonly referred to as defect or noncompliance information reports) via e-mail to *RMD.ODI@dot.gov* , or any other means by which a manufacturer may choose to expeditiously provide this information. The regulatory parts and sections that are amended by today's final rule are identified below. The Changes of Address and Other Administrative Adjustments The Department of Transportation's headquarters, including NHTSA, is in the process of relocating from 400 7th Street address to its new location at 1200 New Jersey Avenue, SE., Washington, DC, 20590. Accordingly, we are changing the address information provided in the following regulatory sections or paragraphs that contain obsolete street address information: 49 CFR 573.10(a), Reporting the sale or lease of defective or noncompliant tires; 49 CFR 577.5(g)(1)(vii), Notification pursuant to a manufacturer's decision; 49 CFR 579.6, Address for submitting reports and other information; and 49 CFR 579.29(f), Manner of reporting. In addition, we are adding the new street address to 49 CFR 573.9, Address for submitting required reports and other information, which did contain some address information, but not a street address. We are adding references to the Recall Management Division and its mail routing code (NVS-215) to 49 CFR 573.9, Address for submitting required reports and other information, paragraph (c)(10) of 49 CFR 573.6, Defect and noncompliance information report, and paragraph

(a)of 49 CFR 577.5, Notification pursuant to a manufacturer's decision. In 49 CFR 573.9, we are also adding an e-mail address for that division— *RMD.ODI@dot.gov* . The Recall Management Division

(RMD)is the group within NHTSA's Office of Defects Investigation

(ODI)that is responsible for receiving, processing, and managing recall-related information. Each of these changes will, therefore, provide the fastest delivery of this information once the information arrives at the Department's building or, in the case of e-mailed information, instantaneous delivery. 2 2 All e-mailed submissions are more readily handled if placed into a portable document format (.pdf). Unlike other software, this format permits the agency to directly upload the information into its electronic system for collecting and managing this information. For similar reasons, we are adding a reference to the Early Warning Division and its mail routing code (NVS-217) to paragraph

(a)of 49 CFR 579.5, Notices, bulletins, customer satisfaction campaigns, consumer advisories, and other communications, and paragraph

(f)of 49 CFR 579.29, Manner of reporting. The Early Warning Division is the group within ODI responsible for receiving, processing, and managing the early warning information manufacturers submit. This change in addressee information will allow for the fastest delivery of this information once it arrives at the Department's building. We are also updating the e-mail address information found in 49 CFR 579.6(a), Address for submitting reports and other information. Specifically, we are changing the address *foreign_recalls@nhtsa.dot.gov* to *frecalls@dot.gov* , and the address *tsb@nhtsa.dot.gov* to *tsb@dot.gov* . These changes reflect the Department's effort to truncate e-mail addresses where possible. In § 573.6(c)(10), we are striking the reference about how to submit notifications required by part 577; that part amply explains how submissions made under it are to be made. In its place, we added language clarifying that manufacturers may submit representative copies of communications concerning a safety defect or noncompliance by any means of their choosing, so long as that means permits the manufacturer to verify promptly that the copy was in fact received by the Recall Management Division and the date it was received by that division. In addition to the above, we are deleting the text of current 49 CFR 573.6(c)(11) and moving it to paragraph

(a)of 49 CFR 577.5, Notification pursuant to a manufacturer's decision, where it more logically belongs. Part 573 concerns defect and noncompliance responsibility and reports submitted by manufacturers to NHTSA, while part 577 primarily concerns notifications by manufacturers to vehicle and equipment owners. Current 49 CFR 573.6(c)(11) contains the requirement that manufacturers submit a proposed owner notification letter to NHTSA at least five days before the manufacturer plans to mail notifications to owners and purchasers. Paragraph 49 CFR 577.5(a) dictates the content of those notifications and also requires manufacturers to submit a copy of the envelope in which they intend to mail the notifications (unless the format of the envelope has been previously approved). Given the correlation of subject matter in the two paragraphs, the merging of the one into the other is appropriate. We think that placing the requirement to submit a draft owner notification letter to NHTSA in the same paragraph as the requirements for what should be in such a letter will aid manufacturers in locating the requirement and avoid confusion about such a letter's required content. Accordingly, several sentences in 577.5(a) are being reorganized and reworded in order to accommodate this merger. Manufacturers should note that this merger does not change the present requirement that proposed owner notifications and their envelopes be submitted to NHTSA (and now, more specifically, the Recall Management Division (NVS-215)) no fewer than five business days before mailing to owners begins. Nor does this merger change the requirement that these submissions be made by any means that permits the manufacturer to verify that its submission was received and the date it was received. The deletion of the current text in 49 CFR 573.6(c)(11) will necessitate the moving up of the regulatory text found in the paragraphs following that paragraph so as not to leave a numbering gap between the paragraphs. Therefore, the regulatory text presently in paragraph 573.6(c)(12) is being moved up and placed into paragraph 573.6(c)(11). We are further correcting the addressee information found in paragraph

(a)of 49 CFR 573.10, Reporting the sale or lease of defective or noncompliant tires, from the “Associate Administrator for Safety Assurance,” to the “Associate Administrator for Enforcement.” This change would reflect the Associate Administrator's present title. We are also replacing, for purposes of grammatical precision, the pronoun “which” with “that” in the paragraph. We are further amending 49 CFR 577.5(a) first to strike the reference to “§ 573.6(c)(9)” in that paragraph, as the reference to requirements for submission of draft owner notifications is no longer applicable because those requirements will now be found in the body of paragraph 577.5(a). Second, we are making the paragraph's regulatory text more gender-neutral by striking the references to “him” and “he,” and replacing those terms with “the manufacturer.” Third, and for purposes of grammatical precision, we are replacing the pronoun “which” with “that” where appropriate. Fourth, and for purposes of clarity, we are adding the words “the notification” between “mailing” and “to owners” in the second to last sentence of the paragraph. In 49 CFR 579.5(a), Notices, bulletins, customer satisfaction campaigns, consumer advisories, and other communications, we are correcting the incorrect reference to “§ 573.6(c)(9).” Under the current text, a reader would be led to believe that paragraph 49 CFR 573.6(c)(9) requires the submission of certain safety recall-related communications. That requirement, however, is found in paragraph 49 CFR 573.6(c)(10), and not 573.6(c)(9). List of Subjects in 49 CFR Parts 573, 577, and 579 Defects, Motor vehicle safety, Noncompliance, Reporting and recordkeeping requirements, Tires. For the reasons stated in the preamble, the following amendments are made to 49 CFR parts 573, 577, and 579: PART 573—DEFECT AND NONCOMPLIANCE RESPONSIBILITY AND REPORTS 1. The authority citation for part 573 is revised to read as follows: Authority: 49 U.S.C. 30102, 30103, 30116-30121, 30166; delegation of authority at 49 CFR 1.50 and 49 CFR 501.8. 2. Section 573.6 is amended by revising paragraph (c)(10), removing paragraph (c)(11), redesignating paragraph (c)(12) as (c)(11) and revising newly redesignated paragraph (c)(11) to read as follows: § 573.6 Defect and noncompliance responsibility.

(c)* * *

(10)A representative copy of all notices, bulletins, and other communications that relate directly to the defect or noncompliance and are sent to more than one manufacturer, distributor, dealer or purchaser. These copies shall be submitted to NHTSA's Recall Management Division (NVS-215) (RMD), not later than 5 days after they are initially sent to manufacturers, distributors, dealers, or purchasers. Submission shall be made by any means, including those means identified in § 573.9 of this part, which permits the manufacturer to verify promptly that the copy was in fact received by RMD and the date it was received by RMD.

(11)The manufacturer's campaign number, if not identical to the identification number assigned by NHTSA. 3. Section 573.9 is revised to read as follows: § 573.9 Address for submitting required reports and other information. All submissions, except as otherwise required by this part, shall be addressed to the Associate Administrator for Enforcement, National Highway Traffic Safety Administration, Attention: Recall Management Division (NVS-215), 1200 New Jersey Avenue, SE., Washington, DC 20590. These submissions may be submitted as an attachment to an e-mail message to *RMD.ODI@dot.gov* in a portable document format (.pdf). Whether or not they are also submitted electronically, defect or noncompliance reports required by section 573.6 of this part must be submitted by certified mail in accordance with 49 U.S.C. 30118(c). 4. Section 573.10 is amended by revising paragraph

(a)to read as follows: § 573.10 Reporting the sale or lease of defective or noncompliant tires.

(a)*Reporting requirement.* Subject to paragraph

(b)of this section, any person who knowingly and willfully sells or leases for use on a motor vehicle a defective tire or a tire that is not compliant with an applicable tire safety standard with actual knowledge that the manufacturer of such tire has notified its dealers of such defect or noncompliance as required under 49 U.S.C. 30118(c) or as required by an order under 49 U.S.C. 30118(b) must report that sale or lease to the Associate Administrator for Enforcement, NHTSA, 1200 New Jersey Ave., SE., Washington, DC 20590. PART 577—DEFECT AND NONCOMPLIANCE NOTIFICATION 1. The authority citation for part 577 continues to read as follows: Authority: 49 U.S.C. 30102, 30103, 30116-30121, 30166; delegation of authority at 49 CFR 1.50 and 49 CFR 501.8. 2. Section 577.5 is amended by revising paragraphs

(a)and (g)(1)(vii) introductory text to read as follows: § 577.5 Notification pursuant to a manufacturer's decision.

(a)When a manufacturer of motor vehicles or replacement equipment determines that any motor vehicle or item of replacement equipment produced by the manufacturer contains a defect that relates to motor vehicle safety, or fails to conform to an applicable Federal motor vehicle safety standard, the manufacturer shall provide notification in accordance with paragraph

(a)of § 577.7, unless the manufacturer is exempted by the Administrator (pursuant to 49 U.S.C. 30118(d) or 30120(h)) from giving such notification. The notification shall contain the information specified in this section. The information required by paragraphs

(b)and

(c)of this section shall be presented in the form and order specified. The information required by paragraphs

(d)through

(h)of this section may be presented in any order. Except as authorized by the Administrator, the manufacturer shall submit a copy of its proposed owner notification letter, including any provisions or attachments related to reimbursement, to NHTSA's Recall Management Division (NVS-215) no fewer than five Federal Government business days before it intends to begin mailing it to owners. The manufacturer shall mark the outside of each envelope in which it sends an owner notification letter with a notation that includes the words “SAFETY,” “RECALL,” and “NOTICE,” all in capital letters and in type that is larger than that used in the address section, and is also distinguishable from the other type in a manner other than size. Except where the format of the envelope has been previously approved by NHTSA's Recall Management Division (NVS-215), each manufacturer must submit the envelope format it intends to use to that division at least five Federal Government business days before mailing the notification to owners. Submission of envelopes and proposed owner notification letters shall be made by any means, including those means identified in 49 CFR 573.9, that permits the manufacturer to verify receipt promptly by the Recall Management Division and the date it was received by that division. Notification sent to an owner whose address is in either the Commonwealth of Puerto Rico or the Canal Zone shall be written in both English and Spanish.

(g)* * *

(1)* * *

(vii)A statement informing the owner that he or she may submit a complaint to the Administrator, National Highway Traffic Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590; or call the toll-free Vehicle Safety Hotline at 1-888-327-4236 (TTY: 1-800-424-9153); or go to *http://www.safercar.gov* , if the owner believes that: PART 579—REPORTING OF INFORMATION AND COMMUNICATIONS ABOUT POTENTIAL DEFECTS 1. The authority citation for part 579 is revised to read as follows: Authority: 49 U.S.C. 30102-103, 30112, 30117-121, 30166-167; delegation of authority at 49 CFR 1.50 and 49 CFR 501.8. 2. Section 579.5 is amended by revising paragraph

(a)to read as follows: § 579.5 Notices, bulletins, customer satisfaction campaigns, consumer advisories, and other communications.

(a)Each manufacturer shall furnish to NHTSA's Early Warning Division (NVS-217) a copy of all notices, bulletins, and other communications (including those transmitted by computer, telefax, or other electronic means and including warranty and policy extension communiqués and product improvement bulletins) other than those required to be submitted pursuant to § 573.6(c)(10) of this chapter, sent to more than one manufacturer, distributor, dealer, lessor, lessee, owner, or purchaser, in the United States, regarding any defect in its vehicles or items of equipment (including any failure or malfunction beyond normal deterioration in use, or any failure of performance, or any flaw or unintended deviation from design specifications), whether or not such defect is safety-related. 3. Section 579.6 is amended by revising paragraph

(a)to read as follows: § 579.6 Address for submitting reports and other information.

(a)Except as provided by paragraph

(b)of this section, information, reports, and documents required to be submitted to NHTSA pursuant to this part may be submitted by mail, by facsimile, or by e-mail. If submitted by mail, they must be addressed to the Associate Administrator for Enforcement, National Highway Traffic Safety Administration, Attention: Early Warning Division (NVS-217), 1200 New Jersey Avenue, SE., Washington, DC 20590. If submitted by facsimile, they must be addressed to the Associate Administrator for Enforcement and transmitted to

(202)366-7882. If submitted by e-mail, submissions under subpart B of this part must be submitted to *frecalls@dot.gov* and submissions under § 579.5 must be submitted to *tsb@dot.gov* . 4. Section 579.29 is amended by revising paragraph

(f)to read as follows: § 579.29 Manner of reporting.

(f)Information and requests submitted under paragraphs (c), (d), and

(e)of this section shall be provided in writing to the Director, Office of Defects Investigation, NHTSA, Attention: Early Warning Division (NVS-217), 1200 New Jersey Avenue, SE., Washington, DC 20590. Issued on: June 5, 2007. Ronald L. Medford, Senior Associate Administrator for Vehicle Safety. [FR Doc. E7-11119 Filed 6-8-07; 8:45 am] BILLING CODE 4910-59-P 72 111 Monday, June 11, 2007 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN 3150-AI08 Interlocutory Review of Rulings on Requests by Potential Parties for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information AGENCY: Nuclear Regulatory Commission. ACTION: Proposed rule. SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is proposing to amend its regulations to provide for expedited (and in this case, “interlocutory”) review by the Commission of orders on requests by potential parties for access to certain sensitive unclassified non-safeguards information (SUNSI) and Safeguards Information (SGI). DATES: The comment period expires on July 11, 2007. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any one of the following methods. Please include the following number RIN 3150-AI08 in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: *SECY@nrc.gov.* If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at

(301)415-1966. You may also submit comments via NRC's rulemaking Web site at *http://ruleforum.llnl.gov.* Address questions about our rulemaking Web site to Carol Gallagher

(301)415-5905; e-mail *cag@nrc.gov.* Comments can also be submitted via the Federal eRulemaking Portal *http://www.regulations.gov.* Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone

(301)415-1966). Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at

(301)415-1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Selected documents, including comments, may be viewed and downloaded electronically via the NRC rulemaking Web site at *http://ruleforum.llnl.gov.* Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, the public can gain entry into NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Patrick Moulding, Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-2549, e-mail *pam3@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Background II. Discussion III. Voluntary Consensus Standards IV. Environmental Impact: Categorical Exclusion V. Paperwork Reduction Act Statement VI. Regulatory Analysis VII. Backfit Analysis VIII. Plain Language I. Background Commission regulations in 10 CFR part 2, “Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders,” govern the conduct of NRC adjudicatory proceedings. Potential parties who may request a hearing or petition to intervene in a hearing under 10 CFR part 2 may need access to sensitive unclassified non-safeguards information (SUNSI) (including, but not limited to, proprietary, confidential commercial, and security-related information) and to Safeguards Information

(SGI)as defined in 10 CFR 73.2 to meet Commission requirements for hearing requests or for intervention. In order to facilitate access to the information described above, the NRC staff has developed, and the Commission has approved for public comment, 1 draft access procedures to address receipt of such information by potential parties. In addition, the Commission is completing a final rulemaking to update its regulations governing access to and protection of SGI. 2 Development of the draft procedures for access by potential parties and of the SGI rule is separate from, and not a part of, the proposed rulemaking to amend 10 CFR 2.311, which is the subject of this document. The proposed revisions to 10 CFR 2.311 would provide for interlocutory review by the Commission of access determinations made pursuant to those procedures, but § 2.311 would not control how the initial access determinations are made. However, a brief discussion of the purpose of those procedures is necessary to explain the Commission's intent in revising § 2.311. 1 The NRC staff intends to make those draft access procedures available for public comment as soon as practicable to coincide with the publication of this proposed rule. 2 *See* “Protection of Safeguards Information,” (71 FR 64004; Oct. 31, 2006). The comment period on that proposed rule expired January 2, 2007, and a final rule is under development. Under the draft procedures for information access, a **Federal Register** notice of hearing, or a notice of opportunity for hearing on a licensing or other regulatory action, would instruct persons who claim a need for access to SUNSI or SGI in order to prepare a hearing request or intervention petition to submit a request by letter to specified Commission offices, within a specified time period from the issuance of the notice. The letter request for either SUNSI or SGI would have to contain certain elements, such as a description of the NRC licensing or enforcement action at issue (with citations to the relevant FRN); a description of the proposed party's particular interest that could be harmed by the potential NRC action; and the identity of the individual requesting access to the information and that individual's need for the information in order to meaningfully participate in the adjudicatory proceeding. It is anticipated that access to SGI also would require:

(1)A showing of the technical competence of the requester to understand and use the requested information to provide the basis and specificity for a proffered contention and

(2)completion of a background check to establish trustworthiness and reliability (including fingerprinting for a criminal history records check and a credit check release). Because such background checks may take up to several months to complete, the Commission has also approved development of a “pre-clearance” process by which potential parties who may seek access to SGI could request initiation of the background check prior to a notice of hearing and thus minimize delays in the preparation (and, if appropriate, adjudication) of security-related contentions. The NRC staff intends to propose such a process in conjunction with the aforementioned draft access procedures that will be made available for public comment. Based on an evaluation of the information submitted, the NRC staff would determine whether

(1)There is a reasonable basis to believe that a potential party is likely to establish standing to intervene or to otherwise participate as a party in an adjudicatory proceeding and

(2)the proposed recipient of the information has demonstrated

(i)A need for SUNSI or

(ii)“need to know” for SGI and that the proposed recipient is trustworthy and reliable. If the request for access to SUNSI or SGI is granted, the terms and conditions for this access would be set forth in a draft protective order and affidavit of non-disclosure. If the request for access to SUNSI or SGI is denied by the NRC staff, the staff would briefly state the reasons for the denial. The requester could challenge the staff's adverse determination or denial of access. Depending on the applicable access procedures and provisions of the SGI rule (once they become effective), such a challenge would be filed with any presiding officer assigned to the proposed NRC licensing action; or if no presiding officer has yet been assigned, with the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, or if he or she is unavailable, with another administrative judge, or with an administrative law judge with jurisdiction pursuant to 10 CFR 2.318(a); or, if another officer has been designated to rule on information access issues, with that officer. As explained above, requests for such information at this stage of a proceeding would initially be made to and decided by the NRC staff. However, that feature of the draft access procedures would not apply to:

(1)License transfer adjudications (for which the Commission has already chosen a different procedural approach), 3 and

(2)the pending High Level Waste

(HLW)Pre-License Application proceeding (PAPO), or any subsequent adjudication regarding the Department of Energy's expected application for a construction authorization for a HLW repository. 4 3 *See* Consolidated Edison Co. (Indian Point, Units 1 and 2), CLI-01-8, 53 NRC 225, 231 (2001); Power Authority of the State of New York (James A. FitzPatrick Nuclear Power Plant; Indian Point, Unit 3), CLI-00-22, 52 NRC 266, 292 (2000). In these decisions, the Commission established a procedure for making confidential commercial information available to petitioners to intervene in which the applicant and petitioners may negotiate a confidentiality agreement or a proposed protective order. If no agreement can be reached, one or more individuals may move for issuance of a protective order. 4 The Commission has directed that the draft procedures for access to SUNSI and SGI not apply to the pending PAPO proceeding or the subsequent proceeding on the HLW repository. It is expected that the draft access procedures also would include time periods for submission of requests for access, for staff determinations, for filing of contentions, and for challenges to appeal adverse staff determinations. These periods would be intended to minimize the potential for delay in the admission of contentions. As evident in the discussion that follows, this proposed rulemaking deals with interlocutory review (review permitted immediately rather than at the end of a proceeding) by the Commission of an order on such an “appeal.” The proposed amendments to 10 CFR 2.311 recognize the importance of access to information on the proposed licensing action by potential parties in determining whether to request a hearing or to intervene in a hearing or to support these requests. Extending the opportunity to seek interlocutory review by the Commission of orders relating to these requests could enhance both public involvement in NRC adjudicatory proceedings and the effectiveness and efficiency of these proceedings. II. Discussion Section 2.311 provides for “interlocutory” review by the Commission of Orders issued by a presiding officer or Atomic Safety and Licensing Board 5 on requests for hearing or petitions to intervene and selection of hearing procedures. However, there is no comparable provision for interlocutory Commission review of orders relating to requests by potential parties for access to information described previously. To address this omission, the Commission is proposing changes to the rules of practice in Part 2 as described below. 5 The term “Atomic Safety and Licensing Board” would be deleted because the definition of “presiding officer” in 10 CFR 2.4 includes that term. The definitions in § 2.4 would be modified to add a definition of Potential party as follows: Potential party means any person who has requested, or who may intend to request, a hearing or petition to intervene in a hearing under 10 CFR part 2, other than hearings conducted pursuant to Subparts J and M of Part 2. This proposed definition does not rely on the definition of Party in § 2.1001 of Subpart J, applicable to a party in a proceeding for the issuance of licenses related to a high-level radioactive waste

(HLW)geologic repository. As stated in § 2.1001, the term Party is defined only for purposes of Subpart J of part 2. 6 Similarly, the proposed definition by its terms, does not apply to a proceeding conducted pursuant to Subpart M (“Procedures for Hearings on License Transfer Applications”). 6 See discussion in Section I regarding the inapplicability of the interlocutory appeal process that is the subject of this proposed rule to the pending HLW PAPO proceeding or to any subsequent adjudication regarding the expected application by DOE for a construction authorization for a HLW repository. The proposed § 2.311 would allow potential parties (persons who may intend to request a hearing or petition for leave to intervene in a hearing), to seek expedited review by the Commission of certain orders. Among these are orders relating to a request by potential parties for access to SUNSI and SGI. This amendment is necessary to provide these requesters or petitioners an avenue for promptly obtaining Commission review of such determinations, which might ultimately result in denial of a request for a hearing or for leave to intervene for failure to meet the requirements for standing and admissibility of contentions. Specific proposed changes to § 2.311 are discussed below. The proposed rule would amend 10 CFR 2.311(a) by making the following changes. In addition to deletion of the reference in paragraph

(a)to the Atomic Safety and Licensing Board, paragraph

(a)would be further modified. First, language would be added to include orders other than those issued by the presiding officer: *e.g.* , if a presiding officer has not been designated, orders of the Chief Administrative Judge, or if he or she is unavailable, of another administrative judge, or of an administrative law judge with jurisdiction pursuant to § 2.318(a). This proposed change recognizes that a presiding officer might not have been designated at the stage in which a potential party is seeking interlocutory review by the Commission. Also, paragraph

(a)would be divided into paragraphs (a)(1), (a)(2) and (a)(3), and a new paragraph (b). Paragraphs (a)(1) and (a)(2) would retain orders on a request for hearing or petition to intervene as orders on which interlocutory review by the Commission may be sought. New paragraph (a)(3) would add to these categories an order relating to a request for access to SUNSI (including, but not limited to, proprietary, confidential commercial, and security-related information) and SGI. Access to this information could be necessary for a potential party to determine whether to request a hearing or petition to intervene or to support such requests. This paragraph would also add language authorizing an appeal, in connection with such a request, of an order of an officer designated to rule on information access issues. This language is necessary because, as is contemplated by the draft access procedures discussed in Section I above and by the Commission's final rule in development concerning SGI, a judge may be specifically designated to adjudicate information access issues. The remainder of paragraph (a), addressing requirements relating to such matters as the initiation and filing of appeals, would be redesignated as paragraph (b). In light of the above modifications, current paragraphs (b), (c), and

(d)would be redesignated as paragraphs (c), (d), and (e), respectively. In redesignated paragraph (c), an order denying a request for access to the information described in paragraph (a), would be included as an order appealable *by the petitioner/requester* on the question as to whether the request and/or petition should have been granted. Former paragraph (c), redesignated as paragraph (d), concerns appeals *by a party other than the requester/petitioner.* This paragraph would be modified to address in paragraph (d)(1) appeals of orders granting a petition to intervene and/or hearing and in paragraph (d)(2), appeals of orders granting requests for access to information. The appealable issue in paragraph (d)(2) is whether the request for access should have been denied in whole or in part. Paragraph

(d)in the current rule is redesignated as paragraph

(e)but would be otherwise unchanged. III. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Pub. L. 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless using such a standard is inconsistent with applicable law or is otherwise impractical. The NRC is proposing to permit potential parties to seek interlocutory Commission review of orders denying a request for access to information for the preparation of contentions. This action does not constitute the establishment of a government-unique standard as defined in the Office of Management and Budget

(OMB)Circular A-119 (1998). IV. Environmental Impact: Categorical Exclusion The NRC has determined that this proposed regulation is the type of action described in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation. V. Paperwork Reduction Act Statement This proposed rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. VI. Regulatory Analysis A regulatory analysis has not been prepared for this regulation because it applies to the procedures to be used in NRC adjudicatory proceedings, and would not involve any provisions that would impose any economic burdens on licensees or the public. VII. Backfit Analysis The NRC has determined that the backfit rules (§§ 50.109, 70.76, 72.62, or 76.76) do not apply to this proposed rule because these amendments would not involve any provisions that would impose backfits as defined in 10 CFR Chapter I. Therefore, a backfit analysis is not required. VIII. Plain Language The Presidential memorandum dated June 1, 1998, entitled “Plain Language in Government Writing,” published on June 10, 1998 (63 FR 31883) directed that the Government's documents be in plain, clear, and accessible language. The NRC requests comments on the proposed rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the NRC as explained in the ADDRESSES caption of this document. List of Subjects in 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Energy Policy Act of 2005, and 5 U.S.C. 553; the NRC is proposing to adopt the following amendments to 10 CFR part 2. PART 2—RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS 1. The authority citation for part 2 continues to read as follows: Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)), sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201(b), (i), (o), 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Section 2.205(j) also issued under Pub. L. 101-410, 104 Stat. 90, as amended by section 3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97—425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133), and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135). 2. In § 2.4, a definition of Potential party is added in alphabetical order to read as follows: § 2.4 Definitions. *Potential party* means any person who has requested, or who may intend to request, a hearing or petition to intervene in a hearing under 10 CFR part 2, other than hearings conducted pursuant to Subparts J and M of Part 2. 3. Section 2.311 is revised to read as follows: § 2.311 Interlocutory review of rulings on requests for hearings/petitions to intervene, selection of hearing procedure, and requests by potential parties for access to sensitive unclassified non-safeguards information and safeguards information.

(a)An order of the presiding officer, or if a presiding officer has not been designated, of the Chief Administrative Judge, or if he or she is unavailable, of another administrative judge, or of an administrative law judge with jurisdiction pursuant to § 2.318(a), may be appealed to the Commission with respect to:

(1)A request for hearing,

(2)A petition to intervene, or

(3)A request for access to sensitive unclassified non-safeguards information (SUNSI), including, but not limited to, proprietary, confidential commercial, and security-related information, and Safeguards Information (SGI). An appeal to the Commission may also be taken from an order of an officer designated to rule on information access issues.

(b)These appeals must be made in accordance with the provisions of this section, within ten

(10)days after the service of the order. The appeal must be initiated by the filing of a notice of appeal and accompanying supporting brief. Any party who opposes the appeal may file a brief in opposition to the appeal within ten

(10)days after service of the appeal. The supporting brief and any answer must conform to the requirements of § 2.341(c)(2). No other appeals from rulings on requests for hearings are allowed.

(c)An order denying a petition to intervene, and/or request for hearing, or a request for access to the information described in paragraph

(a)of this section, is appealable by the requestor/petitioner on the question as to whether the request and/or petition should have been granted.

(d)An order granting a petition to intervene, and/or request for hearing, or a request for access to the information described in paragraph

(a)of this section, is appealable by a party other than the requestor/petitioner on the question as to:

(1)Whether the request/petition should have been wholly denied, or

(2)Whether the request for access to the information described in paragraph (a)(3) of this section should have been denied in whole or in part.

(e)An order selecting a hearing procedure may be appealed by any party on the question as to whether the selection of the particular hearing procedures was in clear contravention of the criteria set forth in § 2.310. The appeal must be filed with the Commission no later than ten

(10)days after issuance of the order selecting a hearing procedure. Dated at Rockville, Maryland, this 5th day of June 2007. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. 07-2884 Filed 6-8-07; 8:45 am]

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