Rules and Regulations. Correcting amendment

65,305 words·~297 min read·/register/2007/06/20/07-3029

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

BILLING CODE 3410-02-M DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Docket No. AMS-FV-07-0076; FV04-989-3 C] Raisins Produced From Grapes Grown in California; Change to Reporting Requirements Regarding Other Seedless Raisins; Correction AGENCY: Agricultural Marketing Service, USDA. ACTION: Correcting amendment. SUMMARY: The Agricultural Marketing Service published a final rule in the **Federal Register** on September 28, 2004 (69 FR 57822). The document changed reporting requirements regarding Other Seedless varietal type raisins under the California raisin marketing order.

However, three paragraphs in one subpart of the marketing order's rules and regulations were inadvertently omitted from subsequent issues of the Code of Federal Regulations (CFR). This document identifies the three paragraphs in the subpart that need to be reinserted into Title 7 of the CFR, Part 989. DATES: *Effective Date:* Effective on June 20, 2007. FOR FURTHER INFORMATION CONTACT: Rose Aguayo, Marketing Specialist, or Kurt J. Kimmel, Regional Manager, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA;

Telephone:

(559)487-5901, Fax:

(559)487-5906; or E-mail: *Rose.Aguayo@usda.gov* or *Kurt.Kimmel@usda.gov.* SUPPLEMENTARY INFORMATION: This document provides correcting amendments to Marketing Order 989 found at 7 CFR part 989 so that handlers of organically-produced Other Seedless varietal type raisins continue to report inventory, acquisitions, and disposition of such raisins to the Raisin Administrative Committee. List of Subjects in 7 CFR Part 989 Marketing agreements, Raisins, Reporting and recordkeeping requirements. Accordingly, 7 CFR part 989 is corrected by making the following correcting amendments: PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 989 continues to read as follows: Authority: 7 U.S.C. 601-674. **** 2. Amend paragraph

(g)of § 989.173 by adding paragraphs (g)(1) through (g)(3) to read as follows: § 989.173 Reports.

(g)* * *

(1)*Inventory report of organically-produced raisins.* Each handler shall submit to the Committee by the close of business on July 31 of each crop year, and not later than the following August 6, on an appropriate form provided by the Committee, a report showing, with respect to the organically-produced raisins held by such handler:

(i)The quantity of free tonnage raisins, segregated as to locations where they are stored and whether they are natural condition or packed;

(ii)The quantity of reserve tonnage raisins held for the account of the Committee;

(iii)The quantity of off-grade raisins segregated as to those for reconditioning and those for disposition as such.

(2)*Acquisition report of organically-produced standard raisins.* Each handler shall submit to the Committee for each week (Sunday through Saturday or such other 7-day period for which the handler has submitted a proposal to and received approval from the Committee) and not later than the following Wednesday, on an appropriate form provided by the Committee, a report showing the following:

(i)The total net weight of the standard raisins acquired during the reporting period, segregated when appropriate, as to free tonnage and reserve tonnage;

(ii)The location of the reserve tonnage; and

(iii)The cumulative totals of such acquisitions (as so segregated) from the beginning of the current crop year.

(iv)Upon request of the Committee, each handler shall provide copies of the organic certificate(s) applicable to the quantity of raisins reported as acquired.

(3)*Disposition report of organically-produced raisins.* No later than the seventh day of each month, handlers who are not processors shall submit to the Committee, on an appropriate form provided by the Committee, a report showing the aggregate quantity of free tonnage packed raisins and standard natural condition raisins which were shipped or otherwise disposed of by such handler during the preceding month (exclusive of transfer within the State of California between the plants of any such handler and from such handler to other handlers). Such information shall include:

(i)Domestic outlets (exclusive of Federal government purchases) according to the quantity shipped in consumer cartons, the quantity of bags having a net weight content of 4 pounds or less, and the quantity shipped in bulk packs (including, but not limited to those in bags having a net weight content of more than 4 pounds);

(ii)Federal government purchases;

(iii)Export outlets according to quantity shipped in consumer cartons, the quantity shipped in bags having a net weight of 4 pounds or less, and the quantity shipped in bulk packs (including, but not limited to those in bags having a net weight content of more than 4 pounds);

(iv)Export outlets, by countries of destination; and

(v)Each of any other outlets in which the handler disposed of such raisins other than by any transfer which is excluded by the preceding sentence. Dated: June 13, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-11829 Filed 6-19-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27152; Directorate Identifier 2006-NM-219-AD; Amendment 39-15105; AD 2007-13-01] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model 717-200 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain McDonnell Douglas Model 717-200 airplanes. This AD requires installing a certain junction(s) and changing the wiring of the first officer's pitot static heater system. This AD results from a report of temporary loss of the auto-flight function with displays of suspect or erratic airspeed indications. We are issuing this AD to prevent display of suspect or erratic airspeed indications during heavy rain conditions, which could reduce the ability of the flightcrew to maintain the safe flight and landing of the airplane. DATES: This AD becomes effective July 25, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of July 25, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Daniel Bui, Aerospace Engineer, Systems and Equipment Branch, ANM-130L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5339; fax

(562)627-5210. 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 Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone

(800)647-5527) is located on the ground floor of the West Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain McDonnell Douglas Model 717-200 airplanes. That NPRM was published in the **Federal Register** on February 14, 2007 (72 FR 6973). That NPRM proposed to require installing a certain junction(s) and changing the wiring of the first officer's pitot static heater system. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Support for the Proposed Rule AirTran Airways and the National Transportation Safety Board support the proposed actions as described in the NPRM. Request To Revise “Relevant Service Information” Section of the NPRM Boeing requests that we revise the “Relevant Service Information” section of the NPRM to include the following wording: “The service bulletin describes procedures for changing the first officer's pitot heater wiring to separate the first officer's pitot sensor heater ground from the captain's and auxiliary pitot sensor heater grounds. In addition, to meet system independence, the captain, first officer, and auxiliary pitot sensor's heaters are also activated using the air/ground sensing system.” Boeing explains that there are more electrical parts than just the “junction” to re-wire this system. The revision clarifies the subsequent actions in the service bulletin. We agree that the suggested wording adds clarification. However, since that section of the preamble does not reappear in the final rule, no change to the final rule is necessary. Request To Revise Paragraph

(f)of the NPRM Boeing also requests that we revise paragraph

(f)of the NPRM to delete the reference to only one electrical component. Boeing explains that there are several electrical items (delete wire, add new wire, sockets, junction, etc.) to implement the wiring changes to this system, and that it is only necessary to refer to Boeing Alert Service Bulletin 717-30A0003, Revision 2, dated November 28, 2006, for this information. (We referred to Boeing Alert Service Bulletin 717-30A0003, Revision 2, in the NPRM as the appropriate source of service information for accomplishing the required actions.) We agree with Boeing that there are several electrical items required to implement the wiring changes specified in paragraph

(f)of the NPRM. The paragraph, as stated in the NPRM, did not include all of those items. We also agree that referring only to the service bulletin in that paragraph will ensure that all items are included. Therefore, we have revised paragraph

(f)of this AD to state: “Within 24 months after the effective date of this AD, change the wiring for the air data sensor heating system, by accomplishing all the actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 717-30A0003, Revision 2, dated November 28, 2006.” Clarification of Alternative Method of Compliance

(AMOC)Paragraph We have revised this action to clarify the appropriate procedure for notifying the principal inspector before using any approved AMOC on any airplane to which the AMOC applies. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the 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 155 airplanes of the affected design in the worldwide fleet. This AD affects about 123 airplanes of U.S. registry. The actions take between 4 and 16 work hours per airplane depending on the airplane configuration, at an average labor rate of $80 per work hour. The manufacturer states that it will supply required parts to the operators at no cost. Based on these figures, the estimated cost of the AD for U.S. operators is between $39,360 and $157,440, or between $320 and $1,280 per airplane, depending on the airplane configuration. 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): **2007-13-01 McDonnell Douglas:** Amendment 39-15105. Docket No. FAA-2007-27152; Directorate Identifier 2006-NM-219-AD. Effective Date

(a)This AD becomes effective July 25, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to McDonnell Douglas Model 717-200 airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 717-30A0003, Revision 2, dated November 28, 2006. Unsafe Condition

(d)This AD results from a report of temporary loss of the auto-flight function with displays of suspect or erratic airspeed indications. We are issuing this AD to prevent display of suspect or erratic airspeed indications during heavy rain conditions, which could reduce the ability of the flightcrew to maintain the safe flight and landing 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. Installation and Wiring Change

(f)Within 24 months after the effective date of this AD, change the wiring for the air data sensor heating system, by accomplishing all the actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 717-30A0003, Revision 2, dated November 28, 2006.

(g)Actions done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 717-30A0003, Revision 1, dated March 2, 2006, are acceptable for compliance with the corresponding provisions of paragraph

(f)of this AD. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Los Angeles Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)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. Material Incorporated by Reference

(i)You must use Boeing Alert Service Bulletin 717-30A0003, Revision 2, dated November 28, 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, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), 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 June 8, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. 8 [FR Doc. E7-11673 Filed 6-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27714; Directorate Identifier 2006-NM-277-AD; Amendment 39-15110; AD 2007-13-06] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited Model BAe 146 and Avro 146-RJ 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: There are four ECS (environmental control system) grilles located in the flight deck side consoles. There have been occurrences where a grille has become detached during flight. There is a risk that a loose grille could foul the rudder pedals and interfere with rudder/brake control resulting in an unsafe condition. The unsafe condition is a rudder pedal restriction or jam, which could result in reduced controllability of the airplane. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective July 25, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 25, 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: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1175;

(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 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 28, 2007 (72 FR 14500). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: There are four ECS (environmental control system) grilles located in the flight deck side consoles. There have been occurrences where a grille has become detached during flight. There is a risk that a loose grille could foul the rudder pedals and interfere with rudder/brake control resulting in an unsafe condition. The unsafe condition is a rudder pedal restriction or jam, which could result in reduced controllability of the airplane. The MCAI requires modifying the grilles. 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 We estimate that this AD will affect 10 products of U.S. registry. We also estimate that it will take about 3 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $6,893 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $71,330, or $7,133 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

(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 adding the following new AD: **2007-13-06 BAE Systems (Operations) Limited (Formerly British Aerospace Regional Aircraft):** Amendment 39-15110. Docket No. FAA-2007-27714; Directorate Identifier 2006-NM-277-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective July 25, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to BAE Systems (Operations) Limited Model BAe 146-100A, -200A, and -300A series airplanes, and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in any category; which have modification HCM00674A embodied. Reason

(d)The mandatory continuing airworthiness information

(MCAI)states: There are four ECS (environmental control system) grilles located in the flight deck side consoles. There have been occurrences where a grille has become detached during flight. There is a risk that a loose grille could foul the rudder pedals and interfere with rudder/brake control resulting in an unsafe condition. The unsafe condition is a rudder pedal restriction or jam, which could result in reduced controllability of the airplane. The MCAI requires modifying the grilles. Subject

(e)Equipment/Furnishings. Actions and Compliance

(f)Within 6 months after the effective date of this AD, unless already done, carry out the modification of the ECS grilles as described in BAE Systems (Operations) Limited Modification Service Bulletin SB.25-495- 60730A, dated March 14, 2006; or Revision 1, dated May 9, 2006. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No Differences. Other FAA AD Provisions

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

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

(425)227-1175;

(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 Airworthiness Directive 2006-0342, dated November 9, 2006; and BAE Systems (Operations) Limited Modification Service Bulletin SB.25-495-60730A, dated March 14, 2006; or Revision 1, dated May 9, 2006; for related information. Material Incorporated by Reference

(i)You must use BAE Systems (Operations) Limited Modification Service Bulletin SB.25-495-60730A, dated March 14, 2006; or BAE Systems (Operations) Limited Modification Service Bulletin SB.25-495-60730A, Revision 1, dated May 9, 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 British Aerospace Regional Aircraft American Support, 13850 Mclearen Road, Herndon, Virginia 20171.

(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call

(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on June 8, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-11675 Filed 6-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-25973; Directorate Identifier 2006-NM-178-AD; Amendment 39-15109; AD 2007-13-05] RIN 2120-AA64 Airworthiness Directives; Boeing Model 777 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 777 airplanes. This AD requires repetitive measurements of the freeplay of the right and left elevators, rudder, and rudder tab, and related investigative and corrective actions if necessary. This AD also requires repetitive lubrication of the elevator, rudder, and rudder tab components. This AD results from reports of freeplay-induced vibration of unbalanced control surfaces. Excessive freeplay of control surfaces can cause unacceptable airframe vibration during flight. The potential for vibration of the control surface should be avoided because the point of transition from vibration to divergent flutter is unknown. We are issuing this AD to prevent flutter, which can cause damage to the control surface structure and consequent loss of control of the airplane. DATES: This AD becomes effective July 25, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of July 25, 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: Dennis Stremick, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6450; 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 777 airplanes. That NPRM was published in the **Federal Register** on October 3, 2006 (71 FR 58323). That NPRM proposed to require repetitive measurements of the freeplay of the right and left elevators, rudder, and rudder tab, and related investigative and corrective actions if necessary. That NPRM also proposed to require repetitive lubrication of the elevator, rudder, and rudder tab components. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Support for the NPRM Boeing and United Airlines support the contents of the NPRM. Request To Accomplish Repetitive Actions at the Later of the Compliance Times United Airlines requests that we revise the compliance times for the repetitive freeplay measurements and lubrication to specify doing those actions at the later of the proposed compliance times (i.e., whichever occurs later). Boeing Special Attention Service Bulletin 777-27-0062, dated July 18, 2006, recommends repeating the freeplay measurement at intervals of 12,000 flight hours or 36 months, whichever occurs first, and repeating the lubrication at intervals of 5,000 flight hours or 16 months, whichever occurs first. As justification, United Airlines states that the change would allow operators to accomplish the actions within the thresholds specified in the Boeing 777 Maintenance Planning Document (MPD). We disagree with allowing operators to perform the repetitive actions at the later of the compliance times. Accomplishing the repetitive freeplay measurements and lubrication at the compliance times specified in the MPD has not prevented the unsafe condition from occurring in service on other Boeing airplane models that incorporate the same design features. In developing an appropriate compliance time for this action, we considered the urgency associated with the subject unsafe condition, the practical aspect of accomplishing the required actions within an interval of time that corresponds to the normal scheduled maintenance for most affected operators, and the recommendation of the manufacturer. However, according to the provisions of paragraph

(j)of this AD, we may approve requests to adjust the compliance time if the request includes data that substantiate that the new compliance time would provide an acceptable level of safety. We have not changed this AD in this regard. Request To Revise Compliance Times British Airways and United Airlines request that we revise the compliance times for the repetitive freeplay measurements and lubrication to match the times in the Boeing 777 MPD. Both commenters state that the MPD requires the freeplay measurement at intervals of 18,000 flight hours and requires the lubrication at intervals of 6,000 flight hours or 560 days. As justification, British Airways states the following:

(1)It has been performing these tasks in accordance with the Boeing 777 MPD with no adverse findings for its fleet,

(2)it uses BMS 3-33 grease for the lubrication, which improves service life over MIL-PRF-23827C, and

(3)Boeing has not reported any freeplay issues on Model 777 airplanes or provided justification for recommending different intervals in the service bulletin. British Airways also states that it considers the MPD intervals adequate and that mandating the intervals in Boeing Special Attention Service Bulletin 777-27-0062, dated July 18, 2006, would not significantly improve safety. We disagree with revising the compliance times. Accomplishing the required freeplay measurements and lubrication at the compliance times specified in the MPD has not prevented the unsafe condition from occurring in service on other Boeing airplane models that incorporate the same design features. Further, Boeing has advised us that it intends to pursue revising the MPD task to reflect the compliance times specified in this AD at the next revision cycle of the document. We have determined that the compliance times specified in the service bulletin will ensure an acceptable level of safety. However, according to the provisions of paragraph

(j)of this AD, we may approve requests to adjust the compliance time if the request includes data that prove that the new compliance time would provide an acceptable level of safety. No change to this AD is necessary in this regard. Request for Credit for Accomplishment of Certain MPD Tasks Air China asks if accomplishment of Tasks 12-002-01, 12-004-00, 27-240-00, and 27-430-00 of the Boeing 777 MPD is acceptable for compliance with the initial freeplay check and lubrication. United Airlines also requests that airplanes maintained in accordance with these tasks be considered in compliance. We do not agree to allow the MPD tasks as an acceptable source of service information for accomplishing the freeplay measurement. We find that neither appropriate procedures nor applicable limits are, at this time, specified in the MPD tasks that describe accomplishing the inspections and lubrication. Thus, the MPD tasks are not adequate to ensure that an acceptable level of safety is maintained. However, according to the provisions of paragraph

(j)of this AD, we may approve a request of an alternative method of compliance

(AMOC)if data are presented to substantiate that the actions provide an acceptable level of safety. We have not changed this AD in this regard. Request To Publish Service Information The Modification and Replacement Parts Association (MARPA) states that, typically, ADs are based on service information originating with the type certificate holder or its suppliers. MARPA adds that manufacturer service documents are privately authored instruments generally having copyright protection against duplication and distribution. MARPA notes that when a service document is incorporated by reference into a public document, such as an AD, it loses its private, protected status and becomes a public document. MARPA adds that if a service document is used as a mandatory element of compliance, it should not simply be referenced, but should be incorporated into the regulatory document; by definition, public laws must be public, which means they cannot rely upon private writings. MARPA adds that incorporated by reference service documents should be made available to the public by publication in the Department of Transportation's Docket Management System (DMS), keyed to the action that incorporates them. MARPA notes that the stated purpose of the incorporation by reference method is brevity, to keep from expanding the **Federal Register** needlessly by publishing documents already in the hands of the affected individuals; traditionally, “affected individuals” means aircraft owners and operators, who are generally provided service information by the manufacturer. MARPA adds that a new class of affected individuals has emerged, since the majority of aircraft maintenance is now performed by specialty shops instead of aircraft owners and operators. MARPA notes that this new class includes maintenance and repair organizations, component servicing and repair shops, parts purveyors and distributors, and organizations manufacturing or servicing alternatively certified parts under section 21.303 (“Replacement and modification parts”) of the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the concept of brevity is now nearly archaic as documents exist more frequently in electronic format than on paper. Therefore, MARPA asks that the service document deemed essential to the accomplishment of the NPRM be incorporated by reference into the regulatory instrument and published in DMS. We acknowledge MARPA's comment concerning incorporation by reference. The Office of the Federal Register

(OFR)requires that documents that are necessary to accomplish the requirements of the AD be incorporated by reference during the final rule phase of rulemaking. This AD incorporates by reference the document necessary for the accomplishment of the requirements mandated by this AD. Further, we point out that while documents that are incorporated by reference do become public information, they do not lose their copyright protection. For that reason, we advise the public to contact the manufacturer to obtain copies of the referenced service information. In regard to the commenter's request to post the service bulletin on DMS, we are currently in the process of reviewing issues surrounding the posting of service bulletins on DMS as part of an AD docket. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. No change to this AD is necessary in response to this comment. 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 as proposed. Costs of Compliance There are about 695 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs, at an average labor rate of $80 per work hour, for U.S. operators to comply with this AD. Estimated Costs Action Work hours Cost per airplane Number of U.S.- registered airplanes Fleet cost Measurement of elevators 4 $320, per measurement cycle 145 $46,400, per measurement cycle. Lubrication of elevators 17 $1,360, per lubrication cycle 145 $197,200, per lubrication cycle. Measurement of rudder 4 $320, per measurement cycle 145 $46,400, per measurement cycle. Lubrication of rudder 7 $560, per lubrication cycle 145 $81,200, per lubrication cycle. Measurement of rudder tab 3 $240, per measurement cycle 145 $34,800, per measurement cycle. Lubrication of rudder tab 5 $400, per lubrication cycle 145 $58,000, per lubrication cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-13-05 Boeing:** Amendment 39-15109. Docket No. FAA-2006-25973; Directorate Identifier 2006-NM-178-AD. Effective Date

(a)This AD becomes effective July 25, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to all Boeing Model 777-200, -200LR, -300, and -300ER series airplanes, certificated in any category. Unsafe Condition

(d)This AD results from reports of freeplay-induced vibration of unbalanced control surfaces. Excessive freeplay of control surfaces can cause unacceptable airframe vibration during flight. The potential for vibration of the control surface should be avoided because the point of transition from vibration to divergent flutter is unknown. We are issuing this AD to prevent flutter, which can cause damage to the control surface structure and consequent loss of control 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. Repetitive Measurements

(f)At the applicable times specified in Tables 1, 2, and 3 of paragraph 1.E., “Compliance,” of Boeing Special Attention Service Bulletin 777-27-0062, dated July 18, 2006, except as provided by paragraph

(i)of this AD: Measure the freeplay of the right and left elevators, rudder, and rudder tab; and do all related investigative and corrective actions before further flight; by accomplishing all the actions specified in Parts 1, 3, and 5 of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-27-0062, dated July 18, 2006, as applicable. Repeat the measurements and related investigative and corrective actions thereafter at the interval specified in Table 1, 2, or 3 of the service bulletin, as applicable. Repetitive Lubrication

(g)At the applicable times specified in Tables 1, 2, and 3 of paragraph 1.E., “Compliance,” of Boeing Special Attention Service Bulletin 777-27-0062, dated July 18, 2006, except as provided by paragraph

(i)of this AD: Lubricate the elevator components, rudder components, and rudder tab components, by accomplishing all the actions specified in Parts 2, 4, and 6 of the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-27-0062, dated July 18, 2006, as applicable. Repeat the lubrication thereafter at the interval specified in Table 1, 2, or 3 of the service bulletin, as applicable. Concurrent Compliance Times

(h)If a freeplay measurement of a specified part required by paragraph

(f)of this AD and a lubrication of the same part required by paragraph

(g)of this AD are due at the same time or will be accomplished during the same maintenance visit, the freeplay measurement and all related investigative and corrective actions must be done before the lubrication is accomplished. Exceptions to Compliance Times

(i)Where Boeing Special Attention Service Bulletin 777-27-0062, dated July 18, 2006, recommends an initial compliance threshold of “Within 36 months after the date on this service bulletin” for Parts 1, 3, and 5 of the service bulletin, this AD requires an initial compliance threshold of “within 36 months after the effective date of this AD.” Where Boeing Special Attention Service Bulletin 777-27-0062, dated July 18, 2006, recommends an initial compliance threshold of “Within 16 months after the date on this service bulletin” for Parts 2, 4, and 6 of the service bulletin, this AD requires an initial compliance threshold of “within 16 months after the effective date of this AD.” Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office.

(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. Material Incorporated by Reference

(k)You must use Boeing Special Attention Service Bulletin 777-27-0062, dated July 18, 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 the NARA, call

(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on April 11, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-11676 Filed 6-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23803; Directorate Identifier 2005-NM-238-AD; Amendment 39-15108; AD 2007-13-04] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747-400, 747-400D, and 747-400F 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 all Boeing Model 747-400, -400D, and -400F series airplanes. That AD currently requires revising the airplane flight manual

(AFM)to require the flightcrew to maintain certain minimum fuel levels in the center fuel tanks, and to prohibit the use of the horizontal stabilizer fuel tank. This new AD requires installing new integrated display system

(IDS)software; and also requires revising the AFM to include procedures to prevent dry operation of the center wing and horizontal stabilizer fuel tanks, for maintaining minimum fuel levels, and for de-fueling fuel tanks. For certain airplanes, this new AD also requires removing certain program pin ground wires of the IDS. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential for ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. DATES: This AD becomes effective July 25, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of July 25, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 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: Sulmo Mariano, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6501; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone

(800)647-5527) is located on the ground floor of the West Building at the DOT street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2002-24-52, amendment 39-12993 (68 FR 14, January 2, 2003). The existing AD applies to certain Boeing Model 747-400, 747-400D, and 747-400F series airplanes. That NPRM was published in the **Federal Register** on February 8, 2006 (71 FR 6404). That NPRM proposed to continue to require revising the airplane flight manual

(AFM)to require the flightcrew to maintain certain minimum fuel levels in the center fuel tanks, and to prohibit the use of the horizontal stabilizer fuel tank. That NPRM also proposed to require installing new integrated display software

(IDS)in the integrated display units and electronic flight instrument system/engine indication and crew alerting system (EICAS) interface units

(EIUs)of the flight deck. In addition, that NPRM proposed to require revising the AFM to include procedures to prevent dry operation of the center wing and horizontal stabilizer fuel tanks; for maintaining minimum fuel levels; and for de-fueling fuel tanks. For certain airplanes, that NPRM also proposed to require removing G13 pin ground wires of a certain wire integration unit of the EIUs at certain connector locations. Comments We have considered the following comments on the NPRM. Request To Supersede Another AD Japan Airlines requests that paragraph

(b)of the NPRM be revised to supersede AD 2002-24-51, amendment 39-12992 (68 FR 10, January 2, 2003), in addition to AD 2002-24-52. Japan Airlines believes that Boeing Model 747-400 series airplanes are still subject to the requirements of AD 2002-24-51. We do not agree. This AD supersedes AD 2002-24-52 and affects Boeing Model 747-400, -400D, and -400F airplanes identified in paragraph

(c)of this AD. AD 2002-24-52 superseded (cancelled) the requirements of only paragraph

(d)of AD 2002-24-51, as indicated in paragraph

(a)of AD 2002-24-52 (paragraph

(f)of this AD). Operators of affected airplanes identified in AD 2002-24-51 must comply with the remaining applicable requirements of that AD. This new AD retains all requirements of AD 2002-24-52. As a result, certain paragraph identifiers of AD 2002-24-51 have been changed in this AD. We have made no change to the AD in this regard. Requests To Explain Why Earlier Software Version Is Not Acceptable for Compliance The Air Transport Association (ATA), on behalf of one of its members, Northwest Airlines (NWA), and Japan Airlines request that we explain why installation of IDS-504 software is mandatory whereas installation of IDS-503 software has not been mandated by any AD. Japan Airlines and NWA believe that IDS-503 software is the same as IDS-504 software for EICAS messaging logic for operating fuel pumps. We agree with the commenters' requests to explain why installation of IDS-504 software is mandatory. IDS-503 software provides redundant indication of impending dry operation of a fuel pump for the center wing tank (CWT), but provides indication of fuel pump low pressure for only the horizontal stabilizer tank (HST). IDS-504 software provides redundant indication to the flightcrew of impending dry operation of a fuel pump for both the CWT and HST. As discussed in the NPRM, the preamble to AD 2002-24-52 explains that we consider the requirements in that AD “interim action,” and that we were considering further rulemaking. We now have determined that further rulemaking is necessary to require installation of IDS-504 software (final action) to address the identified unsafe condition, and this AD follows from that determination. Requests To Allow Other IDS Software Versions Boeing, Japan Airlines, NWA, and United Airlines request that certain IDS software versions (and related service information) other than IDS-504 software be acceptable for compliance with the requirements of paragraph

(h)of the NPRM. The commenters provide the following justifications for their requests. 1. United Airlines, and ATA, on behalf of NWA, state that the FAA has previously approved alternative method of compliance

(AMOC)140S-03-173 to AD 2002-24-52 (reference Boeing Alert Service Bulletin 747-31A2341, Revision 1, dated November 20, 2003), which installed IDS-503 software. United and NWA believe the requirements in the NPRM are met by incorporating that AMOC. United Airlines and NWA note that Boeing Alert Service Bulletins 747-31A2341, Revision 1, and 747-31A2352, Revision 1, dated March 17, 2005, state, “The baseline installation of this IDS-504 software (no program pin changes) will provide messaging associated with fuel pump operation that is identical to the IDS-503 messaging.” Boeing states that the results of a software logic review indicate that the alert messaging of the IDS-503 software for the HST and CWT is identical to that of the IDS-504 software. Boeing notes that it has issued service information for installing IDS-503 software. We partially agree. We do not agree with the commenters that IDS-503 software messages are identical to those of IDS-504 software. We have confirmed with Boeing that IDS-504 software contains different EICAS messages related to fuel pump operation depending on which hardware program pin is connected to an electrical ground. Only one of those available configurations provides fuel pump messages identical to those of IDS-503 software. In AMOC 140S-03-173, we approved that particular configuration as an AMOC to AD 2002-24-52 for active monitoring of the fuel quantity for both the CWT and HST, because it provided an improvement to the shutoff procedure required by that AD. However, we did not consider that AMOC to be acceptable as a final configuration. As explained in the “Requests To Explain Why Earlier Software Version Is Not Acceptable for Compliance” section of this AD, we consider the requirements of AD 2002-24-52 to be interim action. Installation of IDS-504 software will provide a higher level of safety than the interim requirements of AD 2002-24-52, because the flightcrew will no longer be required to actively monitor fuel tank quantity to determine the appropriate time to shut off the fuel pumps. We do agree with the commenters that IDS-503 software should be considered acceptable for compliance with the requirements in paragraph (h), but only for affected airplanes not equipped with an HST. Therefore, we have added new paragraph

(j)to this AD (and redesignated subsequent paragraphs) to include that provision. In addition, we have revised “new IDS software” to “new IDS-504 software” in paragraphs

(h)and

(i)of this AD to clarify which software version those paragraphs are referring to and to distinguish that software version from the other software version specified in new paragraph (j). 2. Boeing and United Airlines state that the alert messaging of IDS-505 (delivered in production only) and IDS-506 software for the HST and CWT is identical to that of IDS-504 software. Boeing notes that no service information is available for installation of IDS-505 software, and that the service bulletins for installing IDS-506 software have not yet been released. Japan Airlines notes that IDS-505 and -506 software have been already released, and that it would need to request an AMOC to the requirements of the NPRM. We agree with the commenters that IDS-505 software installed during production of the airplane and IDS-506 software installed either during production of the airplane or in service are acceptable substitutes for IDS-504 software. As noted by Boeing, there is no service information for installation of IDS-505 software (IDS-505 software is being installed only during production). Since Boeing submitted its NPRM comments, it has issued and we have approved the service bulletins in the following table for installing IDS-506 software as an acceptable method of compliance with the requirements of paragraph

(h)of this AD: Table.—Acceptable Service Bulletins for Installation of IDS-506 Software Boeing service bulletin— For model— 747-31-2376, dated September 5, 2006 747-400, -400D, and -400F series airplanes. 747-31-2377, dated September 5, 2006 747-400 and -400F series airplanes. 747-31-2378, dated September 5, 2006 747-400 and -400F series airplanes. Each of these service bulletins refers to Rockwell Collins Service Bulletins IDS-7000-31-52, IDS-7000-31-53, and IDS-7000-31-54, as applicable; all dated August 30, 2006; as applicable; as an additional source of service information for installing the IDS-506 software. Therefore, we have added new paragraph

(k)to this AD (and redesignated subsequent paragraphs) that allows either installing IDS-505 in production or IDS-506 software in production or in service as an acceptable method of compliance with the requirements of paragraph (h). We also have included new Note 3, which provides information about the Rockwell Collins service bulletins identified previously. In addition, we have revised paragraph

(i)of this AD to allow installing IDS-504 software “during production of the airplane” as an acceptable method of compliance with the requirements of paragraph (h). Request To Revise Compliance Time for Installing New IDS Software Boeing requests that the compliance time in paragraph

(h)of the NPRM for installing new IDS software be revised from 6 months to 12 months. Boeing cites several reasons for their request (develop internal engineering, acquire necessary parts, accomplish the change without creating flight schedule interruptions, etc.). We do not agree. In developing an appropriate compliance time for installing new IDS software, we considered the safety implications and the practical aspect of accomplishing the installation within a period of time that corresponds to the normal scheduled maintenance for most affected operators. In addition, we considered the facts that the installation takes three work hours, parts (software diskettes) are readily available and easily transportable, and many of the approximately 520 affected airplanes worldwide have already been modified. Furthermore, during development of the NPRM, we had several meetings with Boeing to determine the appropriate compliance time. In consideration of these items, we have determined that a 6-month compliance time will ensure an acceptable level of safety and allow the installation to be done during scheduled maintenance intervals for most affected operators. We have made no change to the AD in this regard. Request To Revise Requirements for Removing Pin Ground Wires of the FR-HiTemp Fuel Pumps Boeing requests that the fourth paragraph of the “FAA's Determination and Requirements of the Proposed AD” section of the NPRM be revised for clarification purposes. Boeing suggests removing the wording that parallels the procedures specified in Boeing Service Bulletin 747-28-2258, Revision 1, dated August 11, 2005, for identification and location of the ground wire, and in Boeing Standard Wiring Practices Manual

(SWPM)20-72-18 for removal of the ground wires. (Boeing Service Bulletin 747-28-2258 describes procedures for installing FR-HiTemp fuel pumps.) We partially agree. We do not agree with Boeing's suggestion to refer to Boeing Service Bulletin 747-28-2258, Revision 1, and Boeing SWPM 20-72-18, as appropriate sources of service information for accomplishing the wire removal specified in paragraph

(l)of this AD (paragraph

(j)of the NPRM). We acknowledge that Boeing Service Bulletin 747-28-2258 contains procedures for identification and location of the ground wire to be removed; however, it does not contain procedures for removing the ground wires. SWPMs are not FAA-approved, and the procedures specified in the SWPMs vary from operator to operator. There is no assurance that each operator's SWPM contains the identical actions specified in paragraph (l). In addition, it is essential that we have feedback as to the type of removals being made. Given that possible new relevant issues might be revealed during this process, it is imperative that we have such feedback. Only by reviewing removal approvals can we be assured of this feedback and of the adequacy of the removal methods. Since the Manager of the Seattle Aircraft Certification Office

(ACO)is accountable for the primary oversight of the actions regarding this AD, it is appropriate that he be this single point of approval. His involvement, therefore, is warranted in the development and approval of removing pin ground wires. We do agree with Boeing that the actions related to removing pin ground wires in the preamble and in paragraph

(l)need to be clarified. We have revised paragraph

(l)accordingly. The “FAA's Determination and Requirements of the Proposed AD” section of the NPRM does not reappear in the AD. As a result of this change to paragraph (l), we also have revised paragraph

(m)of this AD and added a new paragraph

(n)to the AD. These changes clarify that, for airplanes equipped with FR-HiTemp fuel pumps, the concurrent AFM revision requirements of paragraph

(m)must be done only after removing the pin ground wires in accordance with paragraph (l). In addition, we have determined that the compliance time of “before further flight after installing the new IDS software required by paragraph

(h)of this AD” specified in paragraph

(j)of the NPRM (paragraph

(l)of the final rule) can be extended somewhat. We intended to require the removal of pin ground wires at a time that would coincide with regularly scheduled maintenance visits for the majority of the affected fleet, when the airplanes would be located at a base where special equipment and trained personnel would be readily available, if necessary. We now recognize that a compliance time of “after installing the new IDS-504 software required by paragraph

(h)of this AD and within 6 months after the effective date of this AD” corresponds more closely to the interval representative of most of the affected operators' normal maintenance schedules. We have revised paragraph

(l)accordingly. We do not consider that this extension will adversely affect safety. Request To Refer to a Later Revision of Referenced Service Bulletin Japan Airlines requests that the NPRM be revised to refer to Revision 2 of Boeing Alert Service Bulletin 747-31A2351 when Boeing issues it. Japan Airlines notes that the NPRM refers to Boeing Alert Service Bulletin 747-31A2351, Revision 1, dated March 17, 2005, as an appropriate source of service information for installing new IDS-504 software. Japan Airlines states that Revision 1 of the service bulletin contains a typographical error, and that Boeing is planning to revise it. We acknowledge that there is a typographical error in Revision 1 of the service bulletin. However, the error does not compromise the actions described in the service bulletin. In addition, Boeing has informed us that the release date of Revision 2 of the service bulletin is unknown. We do not consider that delaying this action until after the release of the manufacturer's planned service bulletin is warranted. Therefore, we have made no change to the AD in this regard. Request To Allow Previously Approved AMOCs British Airways

(BA)requests that AMOCs 140S-03-319 (which allows installation of FR-HiTEMP fuel pumps) and 140S-04-31 (which allows installation of FR-HiTEMP fuel pumps in accordance with Boeing Service Bulletin 747-28-2258), previously approved in accordance with certain ADs, continue to be approved as AMOCs for the proposed requirements of the NPRM. BA states that the NPRM just consolidates the various existing ADs into one AD and does not address any new unsafe condition. Therefore, BA contends that the existing AMOCs still fully mitigate the NPRM. BA states that the only new safety feature of the NPRM is the integrated display flight deck messages, which are triggered by low fuel pressure signals from existing pressure switches. BA also states that the pressure switch indication can flicker for minutes before a stable condition occurs, which could cause a flight deck indication delay before a latched message is set for the flightcrew to act on. BA adds that a fuel pump will have numerous re-prime (wet/vapor) cycles before it is shut down during low-pressure instability, possibly causing a fuel pump to run dry. BA states that there are other single failures, such as software errors, fuel pressure switches not operating properly, and flightcrew delays responding to flight deck messages, that add to the possibility of the fuel pump running dry for unknown periods of time. Finally, BA asserts that the continued safe operation of an airplane equipped with FR-HiTEMP fuel pumps does not depend on the knowledge of low-pressure messages or the accuracy of those messages. We do not agree with BA's conclusion that the installation of FR-HiTEMP fuel pumps satisfies the requirements of this AD. We have determined that installing FR-HiTEMP fuel pumps alone does not make the pumping system compliant with the requirements of 14 CFR part 25 and does not adequately address the unsafe conditions identified from the SFAR 88 review. More work is necessary for airplanes equipped with FR-HiTEMP fuel pumps. As specified in paragraph

(l)of the AD, for airplanes on which FR-HiTEMP fuel pumps have been incorporated in accordance with Boeing Service Bulletin 747-28-2258, dated December 19, 2003, or Revision 1, dated August 11, 2005, G13 pin ground wires must be removed after installing the new IDS-504 software in accordance with paragraph

(h)of this AD. This will correctly configure the EIU for wet shutoff messaging. We find that BA might misunderstand the operation of the fuel pump indications specified in this AD, and that clarification is necessary. The primary indication to the flightcrew that the fuel pumps should be shut off is the low-fuel advisory message, which is driven by the fuel quantity indication system (FQIS). The flightcrew is trained to shut off the pump when that message appears. If the flightcrew fails to shut off the pump at that time, approximately 30 seconds to 2 minutes later (depending on the pump position, fuel flow, and the airplane attitude), a caution level pump low pressure message and aural warning are triggered. This second message is driven by a pump outlet low pressure switch. We have determined that this redundant message scheme and the associated flightcrew procedures provide an acceptable level of safety by ensuring that dry operation of fuel pumps for a period long enough to create a fuel tank ignition risk will not occur. In addition, we recognize that fuel pressure switch failures are possible. We have determined there is adequate redundancy in the FQIS and adequate procedures and flightcrew training to ensure that dry operation of fuel pumps for a period long enough to create a fuel tank ignition risk will not occur. We also recognize that there is always some potential for error in the software development process, but we have determined that the industry standard for software development and certification process, which is used by Boeing and its suppliers, provides an appropriate level of software design assurance for these display functions. Request To Add Airplanes to Paragraph

(j)of the NPRM Japan Airlines requests that we revise the first sentence in paragraph

(j)of the NPRM (redesignated as paragraph

(l)in the AD) to include airplanes on which FR-HiTEMP fuel pumps were incorporated in production. Japan Airlines states that some of their airplanes had FR-HiTEMP fuel pumps installed in production, and that Boeing Service Bulletin 747-28-2258, dated December 19, 2003; or Revision 1, dated August 11, 2005; does not apply to those airplanes. The commenter contends that the G13 pin ground wires can be removed in accordance with Part 10 through Part 28 of Boeing Service Bulletin 747-28-2258, Revision 1, when EICAS messaging logic for fuel pump operation is desired due to low pressure indication (i.e., when the operator decides to do the removal). We partially agree. We agree with Japan Airlines that the removal specified in paragraph

(l)of this AD must be done on airplanes on which FR-HiTEMP fuel pumps were incorporated in production. However, we do not agree with Japan Airlines that the removal specified in paragraph

(l)can be done at a time convenient to operators. We have determined that installing FR-HiTEMP fuel pumps alone does not make the pumping system compliant with the requirements of 14 CFR part 25 and does not adequately address the unsafe conditions identified from the SFAR 88 review. Further, as discussed previously, we acknowledge that Boeing Service Bulletin 747-28-2258, Revision 1, contains procedures for identification and location of the ground wire to be removed; however, it does not contain procedures for removing the ground wires. Therefore, we have revised paragraph

(l)to include airplanes on which FR-HiTEMP fuel pumps have been incorporated in production. Requests To Revise Certification Limitations Boeing requests that the following Certification Limitations of paragraph

(k)of the NPRM (redesignated as paragraph

(m)in the AD) be deleted: 1. “The CWT must contain a minimum of 17,000 pounds (7,700 kilograms) prior to engine start, if the CWT override/jettison pumps are to be selected ON during takeoff.” Boeing states that installing the new IDS software in accordance with the NPRM provides the appropriate messaging for this operation. Boeing also states that this operation (i.e., managing the fuel quantity of each tank to ensure that the fuel pumps are not running dry) is now part of the basic flightcrew training. In addition, Boeing states that the IDS logic provides for a higher wet shut-off level (7,000 pounds) if that fuel quantity is reached and climb attitude is detected (greater than 5 degrees). We agree. We have determined that incorporating the new IDS software provides messaging to the flightcrew indicating that the fuel pumps must be OFF at takeoff if the fuel quantity is less than 17,000 pounds and if the fuel pumps are selected ON. Therefore, the limitation “The CWT must contain a minimum of 17,000 pounds (7,700 kilograms) prior to engine start, if the CWT override/jettison pumps are to be selected ON during takeoff” specified in paragraph

(k)of the NPRM is no longer necessary. We have revised paragraph

(m)of this AD accordingly. 2. *“Center Wing Tank (CWT):* The CWT fuel quantity indication system must be operative to dispatch with CWT mission fuel,” and “The HST fuel quantity indication system must be operative to dispatch with HST mission fuel.” Boeing states that the Master Minimum Equipment List

(MMEL)addresses operations with inoperative equipment, and that it was revised in 2003 to address this issue. We do not agree. The results of the system safety analysis performed during the SFAR 88 review to show compliance with 14 CFR part 25 requirements concluded that the indications driven by the FQIS signals are required for safe operation. Operation with the FQIS inoperative would revert the fuel pump indications to a configuration similar to the existing configuration, which has been found non-compliant with 14 CFR part 25 requirements. The existing MMEL will be revised to delete the FQIS relief for the CWT and HST. Until that revision occurs, the requirements of this AD would apply and prevail over the MMEL. We have made no change to the AD in this regard. Japan Airlines requests that the Certification Limitations of paragraph

(k)of the NPRM (redesignated as paragraph

(m)in the AD) be revised as follows: 1. Either add a statement that there is no minimum requirement for the fuel quantity in the CWT, if the CWT override/jettison fuel pumps are OFF at takeoff, or clarify paragraph

(k)in this regard. Japan Airlines notes that the Certification Limitations, in part, states, “The [CWT] must contain a minimum of 17,000 pounds prior to engine start, if the CWT override/jettison pumps are to be selected ON during takeoff.” We partially agree. We agree with Japan Airlines's understanding of the intent of the Certification Limitations of paragraph

(m)of this AD. As discussed previously, we have determined that the limitation “The CWT must contain a minimum of 17,000 pounds (7,700 kilograms) prior to engine start, if the CWT override/jettison pumps are to be selected ON during takeoff” specified in paragraph

(k)of the NPRM is no longer necessary and have revised paragraph

(m)of this AD accordingly. 2. Add the following: • “Note: In a low fuel situation, both CWT override/jettison pumps may be selected ON and all CWT fuel may be used”; and • “Note: In a low fuel situation, both HST transfer pumps may be selected ON and all HST fuel may be used.” Japan Airlines notes that according to AMOC 140S-03-173, these notes have been established. We agree and have revised paragraph

(m)of this AD accordingly. 3. Revise a typographical error from “FUEL LOW STAB L OR R” to “FUEL LO STAB L OR R.” We agree and have revised paragraph

(m)of this AD accordingly. 4. Add the following: “Warning: Do not cycle CWT and HST pump switches from ON to OFF to ON with any continuous low pressure indication present.” Japan Airlines states that according to AMOC 140S-03-173, this warning has been established. We agree and have revised paragraph

(m)of this AD accordingly. 5. Revise the phrase “defueling any fuels tanks” to “defueling any fuel tanks or transferring between tanks.” Japan Airlines states that according to AMOC 140S-03-173, the defueling requirements in AD 2002-24-52 apply for defueling or transferring between tanks. We partially agree. We agree with Japan Airlines that paragraph

(m)needs to be revised to address any fuel pump that might run dry during fuel transfer. However, we have revised paragraph

(m)in a different manner than suggested by Japan Airlines. We added a sentence at the end of the Certification Limitations in paragraph

(m)that reads, “The above requirements apply for defueling or transferring between tanks.” Request To Require Prior or Concurrent Requirements NWA believes that we may be mandating a prerequisite modification for the anticipated modification of the fuel system auto shutoff. NWA requests that this be done by requiring the service bulletins identified in Table 2 of the NPRM as prior or concurrent requirements to an AD that also mandates the auto shutoff modification. We do not agree. We have no plans at this time to mandate a modification of the auto shutoff for either the CWT or HST. We have made no change to this AD in this regard. Request To Change Paragraph Identifiers NWA states that the table in the “Change to Existing AD” section of the NPRM contains incorrect paragraph references. NWA states that the requirement of AD 2002-24-52 paragraph

(a)corresponds to paragraph

(f)in the NPRM, not paragraph (g). NWA also states that the requirement in AD 2002-24-52 paragraph

(b)corresponds to paragraph

(g)in the NPRM, not paragraph (h). We infer that NWA is requesting that the “Change to Existing AD” section be corrected. We partially agree. We agree that there is an error in that section. However, that section does not reappear in this AD. Therefore, we have made no change to this AD in this regard. Explanation of Change to Costs of Compliance After the NPRM was issued, we reviewed the figures we have used over the past several years to calculate AD costs to operators. To account for various inflationary costs in the airline industry, we find it necessary to increase the labor rate used in these calculations from $65 per work hour to $80 per work hour. The cost impact information, below, reflects this increase in the specified hourly labor rate. Conclusion We have carefully reviewed the available data, including the comments that have been received, and determined that air safety and the public interest require adopting the AD with the changes described previously. 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 520 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 Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost AFM revision (required by AD 2002-24-52) 1 $80 None $80 101 $8,080 Installation of new IDS software (new action) 3 80 100 340 101 34,340 Removal of G-13 pin ground wires (new action) 1 80 None 80 if an affected airplane is imported and placed on the U.S. Register in the future 0 0 AFM revision (new action) 1 80 None 80 101 8,080 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(FAA)amends § 39.13 by removing amendment 39-12993 (68 FR 14, January 2, 2003) and by adding the following new airworthiness directive (AD): **2007-13-04 Boeing:** Amendment 39-15108. Docket No. FAA-2006-23803; Directorate Identifier 2005-NM-238-AD. Effective Date

(a)This AD becomes effective July 25, 2007. Affected ADs

(b)This AD supersedes AD 2002-24-52. In addition, after accomplishing the requirements of paragraphs

(h)and

(m)of this AD, the airplane flight manual

(AFM)requirements specified in Table 1 of this AD may be removed. Table 1.—Affected ADs AFM requirements of— Of—

(1)Paragraph

(a)AD 2001-12-21, amendment 39-12277.

(2)Paragraph

(a)AD 2001-21-07, amendment 39-12478.

(3)Paragraph

(c)AD 2002-19-52, amendment 39-12900.

(4)Paragraphs

(f)and

(g)This AD. Applicability

(c)This AD applies to airplanes identified in Table 2 of this AD, certificated in any category. Table 2.—Applicability Boeing model— As identified in Boeing Alert Service Bulletin—

(1)747-400, 747-400D, and 747-400F series airplanes 747-31A2351, Revision 1, dated March 17, 2005.

(2)747-400 and 747-400F series airplanes 747-31A2350, Revision 1, dated March 17, 2005.

(3)747-400 and 747-400F series airplanes 747-31A2352, Revision 1, dated March 17, 2005. Unsafe Condition

(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to reduce the potential for ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Restatement of Requirements of AD 2002-24-52 Airplane Flight Manual

(AFM)Revision

(f)Within 4 days after receipt of emergency AD 2002-24-51, instead of complying with the requirements of paragraph

(d)of AD 2002-24-51, revise the Limitations section of the AFM to include the following (this may be accomplished by inserting a copy of this AD into the AFM): “CERTIFICATE LIMITATIONS Fueling and use of the horizontal stabilizer tank (if installed) is prohibited. The center wing tank

(CWT)must contain a minimum of 17,000 pounds (7,700 kilograms) prior to engine start, if the CWT override/jettison pumps are to be selected ON during flight. The CWT fuel quantity indication system must be operative to dispatch with CWT mission fuel. Both CWT override/jettison pump switches must be selected OFF at or before CWT fuel quantity reaches 7,000 pounds (3,200 kilograms), if CWT fuel quantity is less than 50,000 pounds (22,700 kilograms) prior to engine start. The CWT override pumps may be selected ON during stabilized cruise conditions. Both CWT override/jettison pump switches must be selected OFF at or before the CWT fuel quantity reaches 3,000 pounds (1,400 kilograms). Note With CWT override/jettison pumps selected OFF and CWT fuel quantity greater than 6,000 pounds (2,800 kilograms), the FUEL OVRD CTR L & R EICAS messages will be displayed. Do not accomplish the associated non-normal procedure. Both CWT override/jettison pump switches must be selected OFF at or before CWT fuel quantity reaches 3,000 pounds (1,400 kilograms), if CWT fuel quantity is greater than or equal to 50,000 pounds (22,700 kilograms) prior to engine start. Both CWT override/jettison pumps must be selected OFF when either CWT override/jettison fuel pump low pressure light illuminates. Warning Do not reset a tripped fuel pump circuit breaker. Warning Do not cycle CWT override/jettison pump switches from ON to OFF to ON with any continuous low pressure indication present. Note The center wing tank may be emptied normally during an emergency fuel jettison. Note In a low fuel situation, both CWT override/jettison pumps may be selected ON and all CWT fuel may be used. If a center wing tank pump fails with fuel in the center tank, accomplish the FUEL OVRD CTR L, R non-normal procedure. If the main tanks are not full, the zero fuel gross weight of the airplane plus the weight of CWT tank fuel may exceed the maximum zero fuel gross weight by up to 7,000 pounds (3,200 kilograms) for takeoff, climb, cruise, descent, and landing, provided that the effects of balance

(CG)have been considered. When defueling any fuel tanks, the Fuel Pump Low Pressure indication lights must be monitored and the fuel pumps positioned to OFF at the first indication of fuel pump low pressure. Defueling with passengers on board is prohibited. The limitations contained in this AD supersede any conflicting basic airplane flight manual limitations.”

(g)If an operator has already complied with AD 2002-24-51, it can comply with paragraph

(f)of this AD by deleting the phrase “if a placard prohibiting its use is installed” from the first paragraph of the AFM revision required by paragraph

(d)of AD 2002-24-51. New Actions Required by This AD Installation of New Integrated Display System

(IDS)Software

(h)Within 6 months after the effective date of this AD, install new IDS-504 software in the integrated display units and electronic flight instrument system/engine indication and crew alerting system interface units of the flight deck, in accordance with the Accomplishment Instructions of the applicable service bulletin identified in Table 3 of this AD. Table 3.—Revision 1 of Service Bulletins For model— Boeing alert service bulletin—

(1)747-400, 747-400D, and 747-400F series airplanes 747-31A2351, Revision 1, dated March 17, 2005.

(2)747-400 and 747-400F series airplanes 747-31A2350, Revision 1, dated March 17, 2005.

(3)747-400 and 747-400F series airplanes 747-31A2352, Revision 1, dated March 17, 2005. Note 1: Each service bulletin identified in Table 3 of this AD refers to Rockwell Collins Service Bulletin IDS-7000-31-49, IDS-7000-31-50, or IDS-7000-31-51; all dated June 28, 2004; as applicable; as an additional source of service information for installing the new IDS software.

(i)Installing new IDS-504 software before the effective date of this AD, in accordance with the applicable service bulletin identified in Table 4 of this AD or during production of the airplane, is acceptable for compliance with the requirements of paragraph

(h)of this AD. Table 4.—Original Service Bulletins for Installing IDS-504 Software For model— Boeing alert service bulletin—

(1)747-400, 747-400D, and 747-400F series airplanes 747-31A2351, dated September 3, 2004.

(2)747-400 and 747-400F series airplanes 747-31A2350, dated September 3, 2004.

(3)747-400 and 747-400F series airplanes 747-31A2352, dated September 3, 2004.

(j)For airplanes not equipped with an HST: Installing IDS-503 software before the effective date of this AD, in accordance with the applicable service bulletin identified in Table 5 of this AD, is acceptable for compliance with the requirements of paragraph

(h)of this AD. Table 5.—Acceptable Service Bulletins for Installation of IDS-503 Software For model— Boeing alert service bulletin—

(1)747-400, -400D, and -400F series airplanes 747-31A2340, Revision 1, dated November 20, 2003.

(2)747-400 and -400F series airplanes 747-31A2341, Revision 1, dated November 20, 2003.

(3)747-400 and -400F series airplanes 747-31A2342, Revision 1, dated November 20, 2003. Note 2: Each service bulletin identified in Table 5 of this AD refers to Rockwell Collins Service Bulletin IDS-7000-31-46, IDS-7000-31-47, or IDS-7000-31-48; all dated April 22, 2003; as applicable; as an additional source of service information for installing the IDS-503 software.

(k)Installing IDS-505 or IDS-506 software during production of the airplane is acceptable for compliance with the requirements of paragraph

(h)of this AD. Also, installing IDS-506 software as a retrofit in accordance with the applicable service bulletin identified in Table 6 of this AD, is acceptable for compliance with the requirements of paragraph

(h)of this AD. Table 6.—Acceptable Service Bulletins for Installation of IDS-506 Software For model— Boeing service bulletin—

(1)747-400, -400D, and -400F series airplanes 747-31-2376, dated September 5, 2006.

(2)747-400 and -400F series airplanes 747-31-2377, dated September 5, 2006.

(3)747-400 and -400F series airplanes 747-31-2378, dated September 5, 2006. Note 3: Each service bulletin identified in Table 6 of this AD refers to Rockwell Collins Service Bulletin IDS-7000-31-52, IDS-7000-31-53, or IDS-7000-31-54; all dated August 30, 2006; as applicable; as an additional source of service information for installing the IDS-506 software. Removal of Pin Ground Wires

(l)For airplanes on which FR-HiTEMP fuel pumps have been installed in accordance with Boeing Service Bulletin 747-28-2258, dated December 19, 2003, or Revision 1, dated August 11, 2005; or in production: After installing the new IDS-504 software required by paragraph

(h)of this AD and within 6 months after the effective date of this AD, remove the ground wire of the wire integration unit that corresponds to the connector and pin locations in Table 7 of this AD, in accordance with a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. Chapter 20-41-03 of the Boeing 747-400 Aircraft Maintenance Manual is one approved method. Table 7.—Connector Location Connector Pin L-EIU DM7353CA G13 C-EIU DM7352CA G13 R-EIU DM7351CA G13 AFM Revision

(m)Except as specified in paragraph

(n)of this AD, concurrently with the requirements of paragraph

(h)of this AD, revise the Limitations section of the AFM to include the following (this may be done by inserting a copy of this AD into the AFM): “Certification Limitations *Center Wing Tank (CWT):* The CWT fuel quantity indication system must be operative to dispatch with CWT mission fuel. If the FUEL LO CTR L or R message is displayed both CWT override/jettison pumps must be selected OFF. If the FUEL PRESS CTR L or R message is displayed, the corresponding CWT override/jettison pump must be selected OFF. Note: In a low fuel situation, both CWT override/jettison pumps may be selected ON and all CWT fuel may be used. *Horizontal Stabilizer Tank (HST):* The following additional limitations must be followed if the HST is fueled and used: The HST fuel quantity indication system must be operative to dispatch with HST mission fuel. If the FUEL PMP STB L or R message is displayed while on the ground both HST pumps must be selected OFF. If the FUEL LO STAB L or R message is displayed in flight the corresponding HST pump must be selected OFF. If the FUEL PRESS STAB L or R message is displayed the corresponding HST pump must be selected OFF. The remaining fuel in the HST must be considered unusable, and the effects of that unusable fuel on balance

(CG)must be considered. Note: In a low fuel situation, both HST transfer pumps may be selected ON and all HST fuel may be used. Warning Do not cycle CWT and HST pump switches from ON to OFF to ON with any continuous low pressure indication present. Do not reset a tripped fuel pump circuit breaker. *Defueling:* Prior to defueling any fuel tanks, perform a lamp test of the respective Fuel Pump Low Pressure indication lights. When defueling, the Fuel Pump Low Pressure indication lights must be monitored and the fuel pumps positioned to OFF at the first indication of fuel pump low pressure. When defueling with passengers on board, fuel pump switches must be selected OFF at or above approximately 7,000 pounds (3,200 kilograms) for the CWT, 3,000 pounds (1,400 kilograms) for main tanks, and 2,100 pounds (1,000 kilograms) for the HST. The above requirements apply for defueling or transferring between tanks.”

(n)For airplanes on which FR-HiTEMP fuel pumps have been installed in accordance with Boeing Service Bulletin 747-28-2258, dated December 19, 2003, or Revision 1, dated August 11, 2005; or in production: Concurrently with the requirements of paragraph

(l)of this AD, revise the Limitations section of the AFM in accordance with paragraph

(m)of this AD. Alternative Methods of Compliance (AMOCs) (o)(1) The Manager, Seattle ACO, FAA, 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. Material Incorporated by Reference

(p)You must use the applicable service bulletins specified in Table 8 of this AD 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 these documents 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.* Table 8.—Material Incorporated by Reference Service bulletin Revision level Date

(1)Boeing Alert Service Bulletin 747-31A2350 1 March 17, 2005.

(2)Boeing Alert Service Bulletin 747-31A2351 1 March 17, 2005.

(3)Boeing Alert Service Bulletin 747-31A2352 1 March 17, 2005. Issued in Renton, Washington, on June 8, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-11684 Filed 6-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28373; Directorate Identifier 2007-NM-110-AD; Amendment 39-15104; AD 2007-12-25] RIN 2120-AA64 Airworthiness Directives; Gulfstream Model GIV-X, GV, and GV-SP Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain Gulfstream Model GIV-X, GV, and GV-SP series airplanes. This AD requires revising the airplane flight manuals

(AFMs)of those airplanes, and doing repetitive functional checks of the forward water drain/supply valves and applicable corrective actions. This AD also provides for optional terminating action for the repetitive functional checks. This AD results from reports of failed forward water drain/supply valves on numerous airplanes, and reports of ice striking the wing-to-body fairings and engine nose cowls of several airplanes. We are issuing this AD to prevent leakage from failed water drain/supply valves allowing the build-up of ice on the airplane, which could separate and strike the airplane structure aft of the failed valves; become ingested by a propulsion engine; or become a hazard to persons or property on the ground. DATES: This AD becomes effective July 5, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of July 5, 2007. We must receive comments on this AD by August 20, 2007. ADDRESSES: Use one of the following addresses to submit comments on this AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590. • Fax:

(202)493-2251. • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Gulfstream Aerospace Corporation, Technical Publications Dept., P.O. Box 2206, Savannah, Georgia 31402-2206, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Gerald Avella, Aerospace Engineer, Systems and Equipment Branch, ACE-119A, FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia 30349; telephone

(770)703-6066; fax

(770)703-6097. SUPPLEMENTARY INFORMATION: Discussion We have received a report of 18 instances of failed forward water drain/supply valves on Gulfstream Model GIV-X, GV, and GV-SP series airplanes. Investigation by the airplane manufacturer revealed that the water drain/supply valves can be damaged by attempted operation when they are frozen. We also received a report of seven instances of ice striking the wing-to-body fairings and engine nose cowls of several airplanes. Leakage from failed water drain/supply valves can allow the build-up of ice on the airplane, which could separate and strike the airplane structure aft of the failed valves; become ingested by a propulsion engine; or become a hazard to persons or property on the ground. Relevant Service Information We have reviewed the Gulfstream airplane flight manual

(AFM)supplements and alert customer bulletins, including the Joint Aviation Authority

(JAA)Gulfstream AFM revisions. We have identified these documents in the following tables. The Gulfstream AFM supplements describe procedures for revising the Normal Procedures section of the AFMs of the affected airplanes to specify a functional check of forward water drain/supply valves, and corrective actions if necessary. Corrective actions include purging, deactivating, and securing the galley and lavatory sinks, or the entire water system, as applicable, and placarding those systems “Inoperative” or “Do Not Use.” The AFM supplements are identified as follows: Gulfstream AFM Supplements Airplane model AFM supplement Date GIV-X G350-2007-01 April 12, 2007. G450-2007-02 April 12, 2007. GV GV-2007-04 April 12, 2007. GV-SP G500-2007-03 April 12, 2007. G550-2007-05 April 12, 2007. The alert customer bulletins identified in the following table describe procedures for doing repetitive functional checks of the forward water drain/supply valves for leakage; inspecting to determine whether the water supply valve has part number (P/N) 4E4151-1 or the water drain valve has P/N 4E4151-3; and replacing any water supply valve having P/N 4E4151-1 with a new, improved valve having P/N 4E4491-1, or any water drain valve having P/N 4E4151-3 with a new, improved valve having P/N 4E4493-1. The alert customer bulletins also specify reporting compliance to the manufacturer. Gulfstream Alert Customer Bulletins Airplane model Alert Customer Bulletin Date GIV-X G350 Number 5 April 11, 2007. G450 Number 5 April 11, 2007. GV GV Number 26 April 11, 2007. GV-SP G500 Number 7 April 11, 2007. G550 Number 7 April 11, 2007. The information contained in the JAA AFM revisions identified in the following table is considered acceptable by the European Aviation Safety Agency

(EASA)for airplanes operated under and in accordance with the JAA and EASA regulations, supervision, and oversight: JAA Gulfstream AFM Revisions Airplane model JAA AFM revisions Date GIV-X JAA-G350-2007-01 May 21, 2007. JAA-G450-2007-01 May 21, 2007. GV JAA-GV-2007-02 May 21, 2007. GV-SP JAA-G500-2007-03 May 21, 2007. JAA-G550-2007-03 May 21, 2007. FAA's Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other airplanes of the same type design. For this reason, we are issuing this AD to prevent leakage from failed water drain/supply valves allowing the build-up of ice on the airplane, which could separate and strike the airplane structure aft of the failed valves; become ingested by a propulsion engine; or become a hazard to persons or property on the ground. This AD requires accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between the AD and Service Information.” Differences Between the AD and Service Information The alert customer bulletins do not describe procedures to be followed if the part number of a water drain/supply valve is missing or cannot be determined. However, this AD requires replacing any such valve with a new, improved valve having P/N 4E4491-1 or P/N 4E4493-1, as applicable. Although the Accomplishment Instructions of the referenced alert customer bulletins describe procedures for submitting reports of compliance with the service bulletin, this AD does not require those actions. Interim Action We consider this AD interim action. We are currently considering requiring the optional terminating action (replacing the water drain/supply valves) provided in this AD, which will terminate the required repetitive functional checks. However, the planned compliance time for the terminating action would allow enough time to provide notice and opportunity for prior public comment on the merits of the valve replacement. Clarification of Terminology This AD provides procedures for repetitive functional checks for proper operation of the forward water drain/supply valves, and corrective actions if necessary. We have determined that these functional checks and corrective actions may be properly performed by the cockpit flightcrew because the checks and actions do not require tools, precision measuring equipment, training, or pilot logbook endorsements, or the use of or reference to technical data. FAA's Determination of the Effective Date Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists to make this AD effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed in the ADDRESSES section. Include “Docket No. FAA-2007-28373; Directorate Identifier 2007-NM-110-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD that might suggest a need to modify it. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov,* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-12-25 Gulfstream Aerospace Corporation:** Amendment 39-15104. Docket No. FAA-2007-28373; Directorate Identifier 2007-NM-110-AD. Effective Date

(a)This AD becomes effective July 5, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Gulfstream Model GIV-X, GV, and GV-SP series airplanes, certificated in any category; as identified in the alert customer bulletins specified in Table 1 of this AD. Table 1.—Gulfstream Alert Customer Bulletins Airplane model Alert Customer Bulletin Date GIV-X G350 Number 5 April 11, 2007. G450 Number 5 April 11, 2007. GV GV Number 26 April 11, 2007. GV-SP G500 Number 7 April 11, 2007. G550 Number 7 April 11, 2007. Unsafe Condition

(d)This AD results from reports of failed forward water drain/supply valves on numerous airplanes, and reports of ice striking the wing-to-body fairings and engine nose cowls of several airplanes. We are issuing this AD to prevent leakage from failed water drain/supply valves allowing the build-up of ice on the airplane, which could separate and strike the airplane structure aft of the failed valves; become ingested by a propulsion engine; or become a hazard to persons or property on the ground. 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. Airplane Flight Manual

(AFM)Revision and Valve Functional Check

(f)Within 20 flight hours after the effective date of this AD: Revise the Normal Procedures section of the AFMs to include the information in the applicable AFM supplement identified in Table 2 of this AD. This may be done by inserting a copy of the supplement into the AFM. Table 2.—AFM Supplements Airplane model AFM supplement Date GIV-X G350-2007-01 April 12, 2007. G450-2007-02 April 12, 2007. GV GV-2007-04 April 12, 2007. GV-SP G500-2007-03 April 12, 2007. G550-2007-05 April 12, 2007. Note 1: For airplanes that are operated under and in accordance with the Joint Aviation Authority (JAA)/European Aviation Safety Agency

(EASA)regulations, supervision, and oversight: EASA has advised us that revising the Normal Procedures section of the AFMs to include the information in the JAA Gulfstream AFM revisions specified in Table 3 of this AD, as applicable, is acceptable for compliance with the requirements of paragraph

(f)of this AD. Table 3.—JAA Gulfstream AFM Revisions Airplane model JAA AFM revisions Date GIV-X JAA-G350-2007-01 May 21, 2007. JAA-G450-2007-01 May 21, 2007. GV JAA-GV-2007-02 May 21, 2007. GV-SP JAA-G500-2007-03 May 21, 2007. JAA-G550-2007-03 May 21, 2007.

(g)Before further flight following accomplishment of the AFM revision required by paragraph

(f)of this AD: Perform a functional check of the forward water system water drain/supply valves and do applicable corrective actions, in accordance with the applicable AFM supplement identified in Table 2 of this AD. Do the functional check at the times specified in paragraphs (g)(1) and (g)(2) of this AD. Either the cockpit flightcrew or certificated maintenance personnel may perform these functional checks. If the water system has been deactivated as part of the corrective actions, the functional checks need not be performed again until the water system is reactivated. Doing the optional terminating action specified by paragraph

(g)of this AD ends the requirement for the repetitive functional checks.

(1)Before the first flight of the day.

(2)Before further flight when the airplane is exposed to freezing conditions on the ground after the airplane has been powered down. Optional Terminating Action

(h)Doing the actions described in paragraphs (h)(1) and (h)(2), as applicable, of this AD terminates the functional checks required by paragraph

(g)of this AD. After the actions specified in paragraphs (h)(1) and (h)(2), as applicable, of this AD have been done, the applicable AFM supplement specified in paragraph

(f)of this AD may be removed from the AFM.

(1)Inspect to determine the part numbers of the forward water drain/supply valves, in accordance with Part II of the Accomplishment Instructions of the applicable alert customer bulletin identified in Table 1 of this AD. A review of airplane maintenance records is acceptable in lieu of this inspection if the part numbers of the drain/supply valves can be conclusively determined from that review.

(2)Replace any water supply valve having part number (P/N) 4E4151-1 with a new, improved water supply valve having P/N 4E4491-1, and any water drain valve having P/N 4E4151-3 with a new, improved water drain valve having P/N 4E4493-1; in accordance with Part III of the Accomplishment Instructions of the applicable alert customer bulletin identified in Table 1 of this AD. If the P/N of any water drain/supply valve is missing or cannot be determined, replace the water drain/supply valve with a new, improved water drain/supply valve, as applicable. Note 2: Help is available from Gulfstream for determining a missing or otherwise indeterminate part number of any water drain/supply valve. Parts Installation

(i)As of the effective date of this AD, no person may install a water supply valve having P/N 4E4151-1, or a water drain valve having P/N 4E4151-3, on any airplane. No Reporting Required

(j)Although the alert customer bulletins referred to in this AD specify to submit certain information to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Atlanta Aircraft Certification Office (ACO), FAA, 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. Material Incorporated by Reference

(l)You must use the service information identified in Table 4 and Table 5 of this AD 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 these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Gulfstream Aerospace Corporation, Technical Publications Dept., P.O. Box 2206, Savannah, Georgia 31402-2206, 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.* Table 4.—Gulfstream Alert Customer Bulletins Bulletin No. Date G350 Number 5 April 11, 2007. G450 Number 5 April 11, 2007. GV Number 26 April 11, 2007. G500 Number 7 April 11, 2007. G550 Number 7 April 11, 2007. Table 5.—Gulfstream Airplane Flight Manual Supplements Supplement No. Date G350-2007-01 April 12, 2007. G450-2007-02 April 12, 2007. GV-2007-04 April 12, 2007. G500-2007-03 April 12, 2007. G550-2007-05 April 12, 2007. Issued in Renton, Washington, on June 8, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-11587 Filed 6-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27756; Directorate Identifier 2006-NM-255-AD; Amendment 39-15106; AD 2007-13-02] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model DC-8-62, DC-8-62F, DC-8-63, DC-8-63F, DC-8-72, DC-8-72F, and DC-8-73F 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 McDonnell Douglas Model DC-8-62, DC-8-62F, DC-8-63, DC-8-63F, DC-8-72, DC-8-72F, and DC-8-73F airplanes. This AD requires deactivating certain components (the sump heater, scavenge valve, and scavenge pump) of the center wing fuel tank. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent certain conditions related to these components, which could lead to a possible ignition source in the fuel tank and a potential fire or explosion. DATES: This AD becomes effective July 25, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of July 25, 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, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5254; fax

(562)627-5210. 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 would apply to all McDonnell Douglas Model DC-8-62, DC-8-62F, DC-8-63, DC-8-63F, DC-8-72, DC-8-72F, and DC-8-73F airplanes. That NPRM was published in the **Federal Register** on April 4, 2007 (72 FR 16287). That NPRM proposed to require deactivating certain components (the sump heater, scavenge valve, and scavenge pump) of the center wing fuel tank. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. 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 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 119 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 Work hours Average labor rate per hour Cost per airplane Number of U.S.-registered airplanes Fleet cost 6 $80 $480 84 $40,320 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-13-02 McDonnell Douglas:** Amendment 39-15106. Docket No. FAA-2007-27756; Directorate Identifier 2006-NM-255-AD. Effective Date

(a)This AD becomes effective July 25, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to all McDonnell Douglas Model DC-8-62, DC-8-62F, DC-8-63, DC-8-63F, DC-8-72, DC-8-72F, and DC-8-73F airplanes, certificated in any category. Unsafe Condition

(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent certain conditions related to the sump heater, scavenge valve, and scavenge pump of the center wing fuel tank, which could lead to a possible ignition source in the fuel tank and a potential fire or explosion. Compliance

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

(f)Within 24 months after the effective date of this AD, deactivate the sump heater, scavenge valve, and scavenge pump of the center wing fuel tank, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin DC8-28A089, dated November 1, 2006. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Los Angeles Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

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

(h)You must use Boeing Alert Service Bulletin DC8-28A089, dated November 1, 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, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), 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 June 8, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-11670 Filed 6-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27565; Directorate Identifier 2006-NM-215-AD; Amendment 39-15111; AD 2007-13-07] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330 and A340 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 Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes; and Model A340-541 and -642 airplanes. That AD currently requires repetitively resetting the display units

(DUs)for the electronic instrument system (EIS), either by switching them off and back on again or by performing a complete electrical shutdown of the airplane. This new AD requires installing new software, which would end the actions required by the existing AD. This new AD also adds additional airplanes that may be placed on the U.S. Register in the future. This AD results from an incident in which all of the DUs for the EIS went blank simultaneously during flight. We are issuing this AD to prevent automatic reset of the DUs for the EIS during flight and consequent loss of data from the DUs, which could reduce the ability of the flightcrew to control the airplane during adverse flight conditions. DATES: This AD becomes effective July 25, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of July 25, 2007. On September 12, 2005 (70 FR 50166, August 26, 2005), the Director of the Federal Register approved the incorporation by reference of certain other publications listed in the AD. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2797; fax

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

(800)647-5527) is located on the ground floor of the West 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 2005-17-18, amendment 39-14239 (70 FR 50166, August 26, 2005). The existing AD applies to certain Airbus Model A330-200, A330-300, A340-200, and A340-300 series airplanes; and Model A340-541 and -642 airplanes. That NPRM was published in the **Federal Register** on March 15, 2007 (72 FR 12127). That NPRM proposed to continue to require repetitively resetting the display units for the electronic instrument system, either by switching them off and back on again or by performing a complete electrical shutdown of the airplane. That NPRM also proposed to require installing new software, which would end the actions required by the existing AD. That NPRM also proposed to add additional airplanes that may be placed on the U.S. Register in the future. Comments We provided the public the opportunity to participate in the development of this AD. No comments have been received on the NPRM or on the determination of the cost to the public. New Service Bulletin Revision Since we issued the NPRM, we have received Revision 03 of Airbus Service Bulletin A330-31-3056, dated November 25, 2004. Airbus issued this service bulletin to add non-U.S.-registered airplanes to the effectivity. The service bulletin describes procedures for installing Thales display system standard L4 or L5 in the electronic instrument system 2. No additional work is required for airplanes on which the required actions have been done in accordance with Airbus Service Bulletin A330-31-3056, Revision 02, dated March 24, 2003, which was referred to as the appropriate source of service information for the actions specified in the NPRM. We have changed the reference to this service bulletin in paragraph (i)(1)(ii) of the AD, added a new paragraph

(j)of this AD to give credit for actions done before the effective date of this AD according to Revision 02 of the service bulletin, and redesignated subsequent paragraphs of the AD accordingly. Clarification of Alternative Method of Compliance

(h)of This AD We have revised paragraph

(h)of this AD to include certain paragraph identifiers in Table 2 that were unintentionally omitted from the NPRM. Clarification of Applicability We unintentionally included only the A340-200 of the Model A340 airplanes in the subject line on the first page of the NPRM. It should have read “Airbus Model A330 and A340 Airplanes.” The correct models appeared in all other sections of the NPRM. We have corrected the subject line in the heading of this final rule. Conclusion We have carefully reviewed the available data 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 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. Estimated Costs Action Work hour(s) Parts Cost per airplane Number of U.S.- registered airplanes Fleet cost Resetting the DUs (required by AD 2005-17-18) 1 None $80, per reset 27 $2,160, per reset. Installation of new software (new action) 3 The manufacturer states that it will supply required parts to the operators at no cost. $240 27 $6,480. Additional requirement (new action) Between 1 and 5, depending on the airplane configuration The manufacturer states that it will supply required parts to the operators at no cost Between $80 and $400, depending on the airplane configuration 27 Between $2,160 and $10,800, depending on the configuration of the fleet. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(FAA)amends § 39.13 by removing amendment 39-14239 (70 FR 50166, August 26, 2005) and by adding the following new airworthiness directive (AD): **2007-13-07 Airbus:** Amendment 39-15111. Docket No. FAA-2007-27565; Directorate Identifier 2006-NM-215AD. Effective Date

(a)This AD becomes effective July 25, 2007. Affected ADs

(b)This AD supersedes AD 2005-17-18. Applicability

(c)This AD applies to Airbus Model A330 and A340 airplanes; certificated in any category; on which one of the Airbus Electronic Instrument System 2

(EIS2)software versions listed in Table 1 of this AD is installed; excluding those airplanes on which Airbus Modification 53063 has been done in production. Table 1.—Applicability EIS2 software version Installed by this Airbus Modification in production Or installed by one of these Airbus Service Bulletins in service L4-1 51153 A330-31-3056, A330-31-3057, or A340-31-5001. L5 51974 A330-31-3056, A330-31-3069, A340-31-4087, or A340-31-5012. Unsafe Condition

(d)This AD results from an incident in which all of the display units

(DUs)for the EIS went blank simultaneously during flight. We are issuing this AD to prevent automatic reset of the DUs for the EIS during flight and consequent loss of data from the DUs, which could reduce the ability of the flightcrew to control the airplane during adverse flight conditions. 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. Requirements of AD 2005-17-18 Resetting the DUs for the EIS

(f)For Model A330-201, -202, -203, -223, -243, -301, -321, -322, -323, -341, -342, and -343 airplanes; and Model A340-211, -212, -213, -311, -312, -313, -541, and -642 airplanes: Within 2 days after September 12, 2005 (the effective date of AD 2005-17-18), or within 4 days after the last reset of the DUs for the EIS or complete electrical shutdown of the airplane, whichever is first: Reset the DUs for the EIS by doing the actions in either paragraph (f)(1) or (f)(2) of this AD. Thereafter, do the actions in paragraph (f)(1) or (f)(2) of this AD at intervals not to exceed 4 days.

(1)Switch off each DU for the EIS, wait 5 seconds or longer, and switch the DU back on again, in accordance with Airbus All Operator Telex

(AOT)A330-31A3092 (for Model A330-201, -202, -203, -223, -243, -301, -321, -322, -323, -341, -342, and -343 airplanes), A340-31A4102 (for A340-211, -212, -213, -311, -312, and -313 airplanes), or A340-31A5023 (for Model A340-541 and -642 airplanes), all dated August 1, 2005, as applicable. This action may be performed by the flight deck crew or by certificated maintenance personnel.

(2)Perform a complete electrical shutdown of the airplane. New Requirements of This Ad Installation of New Software

(g)For airplanes other than those identified in paragraph

(f)of this AD: Within 2 days after the effective date of this AD, or within 4 days after the last reset of the DUs for the EIS or complete electrical shutdown of the airplane, whichever is first, do the reset specified in paragraph

(f)of this AD and repeat thereafter at intervals not to exceed 4 days, until the installation required by paragraph

(h)of this AD has been done.

(h)For all airplanes: Within 7 months after the effective date of this AD, install EIS2 software standard L6-1 in accordance with the applicable service bulletin identified in Table 2 of this AD. Accomplishing the installation ends the actions required by paragraphs

(f)and

(g)of this AD. Table 2.—Service Bulletins for Installation of New Software Airbus Service Bulletin— For model—

(1)A330-31-3087, dated June 26, 2006 A330-201, -202, -203, -223, -243, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes.

(2)A340-31-4100, dated June 26, 2006 A340-211, -212, -213, -311, -312, and -313 airplanes.

(3)A340-31-5021, dated June 26, 2006 A340-541 and -642 airplanes. Additional Requirements

(i)Prior to accomplishing the requirements specified in paragraph

(g)of this AD, do the applicable action(s) specified in Table 3 of this AD. Table 3.—Additional Requirements For airplanes identified in— Install— In accordance with Airbus Service Bulletin—

(1)Paragraph (h)(1) of this AD

(i)EIS2 software standard L5 A330-31-3069, Revision 01, dated December 27, 2004.

(ii)Thales display system standard L4 A330-31-3056, Revision 03, dated November 25, 2004.

(2)Paragraph (h)(2) of this AD EIS2 software standard L5 A340-31-4087, Revision 01, dated December 27, 2004.

(3)Paragraph (h)(3) of this AD EIS2 software standard L5 A340-31-5012, Revision 01, dated December 27, 2004. Credit for Actions Done Using Previous Service Information

(j)Actions accomplished before the effective date of this AD according to Airbus Service Bulletin A330-31-3056, Revision 02, dated March 24, 2003, are considered acceptable for compliance with the corresponding action specified in this AD. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

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

(3)AMOCs approved previously in accordance with AD 2005-17-18 are approved as AMOCs for the corresponding provisions of paragraph

(f)of this AD. Related Information

(l)European Aviation Safety Agency airworthiness directive 2006-0196, dated July 10, 2006, also addresses the subject of this AD. Material Incorporated by Reference

(m)You must use the documents identified in Table 4 and Table 5 of this AD, as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. Table 4.—All Operators Telexes Incorporated by Reference Airbus all operators telex Date A330-31A3092 August 1, 2005. A340-31A4102 August 1, 2005. A340-31A5023 August 1, 2005. Table 5.—Service Bulletins Incorporated by Reference Airbus Service Bulletin Revision level Date A330-31-3056 03 November 25, 2004. A330-31-3069 01 December 27, 2004. A330-31-3087 Original June 26, 2006. A340-31-4087 01 December 27, 2004. A340-31-4100 Original June 26, 2006. A340-31-5012 01 December 27, 2004. A340-31-5021 Original June 26, 2006.

(1)The Director of the Federal Register approved the incorporation by reference of the documents identified in Table 6 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Table 6.—New Material Incorporated by Reference Airbus Service Bulletin Revision level Date A330-31-3056 03 November 25, 2004. A330-31-3069 01 December 27, 2004. A330-31-3087 Original June 26, 2006. A340-31-4087 01 December 27, 2004. A340-31-4100 Original June 26, 2006. A340-31-5012 01 December 27, 2004. A340-31-5021 Original June 26, 2006.

(2)On September 12, 2005 (70 FR 50166, August 26, 2005), the Director of the Federal Register approved the incorporation by reference of the documents identified in Table 7 of this AD. Table 7.—Material Previously Incorporated by Reference Airbus all operators telex Date A330-31A3092 August 1, 2005. A340-31A4102 August 1, 2005. A340-31A5023 August 1, 2005.

(3)Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on June 8, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-11672 Filed 6-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27981; Directorate Identifier 2007-NM-021-AD; Amendment 39-15107; AD 2007-13-03] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145XR 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: It has been found that the refueling line inside the ventral fuel tank on the Embraer EMB-145XR aircraft model is not protected in accordance with SFAR-88 (Special Federal Aviation Regulation 88) requirements. The unsafe condition is potential ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective July 25, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 25, 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: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1175; fax

(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 24, 2007 (72 FR 20291). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: It has been found that the refueling line inside the ventral fuel tank on the Embraer EMB-145XR aircraft model is not protected in accordance with SFAR-88 (Special Federal Aviation Regulation 88) requirements. The unsafe condition is potential ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. The MCAI requires installation of a bonding jumper between the pilot valve line tube and the pressure refueling system tube. 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 affects about 69 products of U.S. registry. We also estimate that it takes about 11 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts cost about $56 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the AD on U.S. operators to be $64,584, or $936 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

(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 adding the following new AD: **2007-13-03 Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Amendment 39-15107. Docket No. FAA-2007-27981; Directorate Identifier 2007-NM-021-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective July 25, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to EMBRAER Model EMB-145XR airplanes; certificated in any category; as identified in EMBRAER Service Bulletin 145-28-0026, dated May 16, 2006. Subject

(d)Fuel. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: It has been found that the refueling line inside the ventral fuel tank on the Embraer EMB-145XR aircraft model is not protected in accordance with SFAR-88 (Special Federal Aviation Regulation 88) requirements. The unsafe condition is potential ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. The MCAI requires installation of a bonding jumper between the pilot valve line tube and the pressure refueling system tube. Actions and Compliance

(f)At the time specified in paragraphs (f)(1) and (f)(2) of this AD, unless already done, install a bonding jumper between the pilot valve line tube and the pressure refueling system tube, after removing ventral fuel tank access panel 196FR, as described in EMBRAER Service Bulletin 145-28-0026, dated May 16, 2006.

(1)For airplanes that have accumulated less than 5,000 total flight hours as of the effective date of this AD: Prior to the accumulation of 10,000 total flight hours.

(2)For airplanes that have accumulated 5,000 or more total flight hours as of the effective date of this AD: Within 5,000 flight hours after the effective date 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

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

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

(425)227-1175; 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.

(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 Brazilian Airworthiness Directive 2006-12-01, effective January 4, 2007; and EMBRAER Service Bulletin 145-28-0026, dated May 16, 2006; for related information. Material Incorporated by Reference

(i)You must use EMBRAER Service Bulletin 145-28-0026, dated May 16, 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil.

(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on June 8, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-11687 Filed 6-19-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26051; Directorate Identifier 2006-NM-154-AD; Amendment 39-15112; AD 2007-13-08] RIN 2120-AA64 Airworthiness Directives; Airbus Model A318, A319, A320, and A321 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: 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 airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as a fire in the auxiliary power unit air intake. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective July 25, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 25, 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: Tim Dulin, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2141; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion 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 allow 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. 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 October 13, 2006 (71 FR 60444). That NPRM proposed to require repetitive inspections of the auxiliary power unit

(APU)starter motor, APU inlet plenum, and APU air intake, as well as repetitive cleaning of the APU air intake; and applicable corrective actions. The MCAI states that an operator reported black smoke at the rear of the fuselage during taxi after landing. The smoke was caused by a fire in the APU air intake. Analysis has demonstrated that following numerous unsuccessful APU start attempts in flight, there is a risk of reverse flow, leading to flame propagation to the APU air inlet and air intake duct. If this zone is contaminated, a fire may be initiated. The flightcrew operating manual limits the number of APU start attempts as follows: After three starter motor duty cycles, wait 60 minutes before attempting three more cycles. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received. Request To Include Terminating Action Airbus states that it has two final fixes available. No change to the NPRM is requested. We infer that Airbus wants us to change the AD applicability and add optional terminating action to the AD. Since the issuance of the NPRM, the European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2006-0153 R1, dated November 27, 2006, and corrected on November 29, 2006. The EASA AD applicability excludes airplanes that are equipped with Hamilton Sundstrand APIC APS 3200 APUs and that have incorporated Airbus Modification 35803 in production, or Airbus Service Bulletin A320-49-1070 in service. The EASA AD applicability also excludes airplanes that are equipped with Honeywell 131-9A APUs, and that have incorporated Airbus Modification 35936 in production or Airbus Service Bulletin A320-49-1075 in service. The EASA AD also adds an optional terminating action for the repetitive inspections and cleaning tasks for airplanes on which Airbus Service Bulletin A320-49-1070, dated July 28, 2006 (for airplanes equipped with APIC APS 3200 APUs); or Airbus Service Bulletin A320-49-1075, dated September 22, 2006, or Revision 01, dated December 1, 2006 (for airplanes equipped with Honeywell 131-9A APUs), has been embodied in service. In light of the revised EASA AD, we agree with the commenter, and have revised the applicability and added a new paragraph (e)(5) to this AD to include the optional terminating action. Request To Remove Airplanes Equipped With Honeywell APUs Air Transport Association (ATA), on behalf of one of its members, requests that airplanes equipped with Honeywell APUs be removed from the applicability of the NPRM. ATA states that the subject incident occurred on a Hamilton Sundstrand APU. The ATA member states that Honeywell provided data showing that in more than 14 million APU hours, not one event similar to the Hamilton Sundstrand APU incident occurred on a Honeywell APU. We disagree with the commenters. Through analysis of both Hamilton Sundstrand and Honeywell APUs, the EASA has determined that, following numerous unsuccessful APU start attempts during flight, there is a risk of reverse flow leading to flame propagation in the APU air inlet and air intake duct. We have made no change to the AD in this regard, except for the previously noted exclusion of the Honeywell APUs in the EASA AD. Request To Allow Incorporation of Alternate Service Information ATA, on behalf of one of its members, states that if airplanes equipped with Honeywell APUs are not removed from the applicability, the AD should allow incorporation of Diehl Service Bulletin 3888394-49-7899 as a terminating action for airplanes having Honeywell APUs. ATA states that the service bulletin releases new software for the electronic control box that addresses the identified unsafe condition. We agree with the commenters. The Diehl service bulletin is referenced in Airbus Service Bulletin A320-49-1075, dated September 22, 2006; and Revision 01, dated December 1, 2006, as an additional source of service information for accomplishing the modification. We have referenced the Airbus service bulletin in a new paragraph (e)(5) of this AD, as described above. Request To Change Compliance Time ATA, on behalf of one of its members, asks that the 2,400- and 600-flight-hour compliance times for the repetitive tasks be changed. ATA states that these compliance times do not take into account operator experience. ATA notes that the ATA member performs starter motor inspections during a 1,200-hour

(2A)check, and has not experienced a failure. The ATA member would like to see data indicating how the compliance times were established. We do not agree with the commenter's request to change the compliance times. The commenter provides no alternative compliance times for the repetitive tasks, or technical justification for changing the compliance times. In developing an appropriate compliance time for this action, we considered the urgency associated with the subject unsafe condition, and the practical aspect of accomplishing the repetitive inspections and cleaning tasks within a period of time that corresponds to the normal scheduled maintenance for most affected operators. We point out that the compliance times correspond with those in the MCAI. However, according to the provisions of paragraph (g)(1) of the AD, we may approve a request to adjust the compliance time if the request includes data that prove that the new compliance time would provide an acceptable level of safety. We have made no change to the AD in this regard. Request To Incorporate/Publish Certain Information The Modification and Replacement Parts Association (MARPA) states that, frequently, airworthiness directives are based on service information originating with the type certificate holder or its suppliers. MARPA adds that manufacturer service documents are privately authored instruments generally having copyright protection against duplication and distribution. MARPA notes that when a service document is incorporated by reference into a public document, such as an airworthiness directive, it loses its private, protected status and becomes a public document. MARPA adds that if a service document is used as a mandatory element of compliance, it should not simply be referenced, but should be incorporated into the regulatory document. MARPA states that, by definition, public laws must be public, which means they cannot rely upon private writings; especially when the private writings originate in a foreign country. MARPA notes that since the interpretation of a document is a question of law, and not fact, a service document not incorporated by reference will not be considered in a legal finding of the meaning of an airworthiness directive. MARPA is concerned that the failure to incorporate essential service information could result in a court decision invalidating the airworthiness directive. MARPA notes that it has been advised that service documents are not usually incorporated by reference into proposed actions (NPRMs). MARPA adds that there is no indication in the proposed action that the FAA intends to incorporate by reference the necessary service information, and it is unclear whether that has been overlooked. MARPA asks that future proposed actions indicate the FAA intent by including the following statement: “We intend to incorporate by reference the following publication(s):”. MARPA adds that incorporated by reference service documents should be made available to the public by publication in the Docket Management System (DMS), keyed to the action that incorporates them. MARPA believes that this publication should occur when the NPRM is published, to permit the public to review and comment on the entire proposed action. MARPA notes that the stated purpose of the incorporation by reference method is brevity, to keep from expanding the **Federal Register** needlessly by publishing documents already in the hands of the affected individuals; traditionally, “affected individuals” means aircraft owners and operators, who are generally provided service information by the manufacturer. MARPA adds that a new class of affected individuals has emerged, since the majority of aircraft maintenance is now performed by specialty shops instead of aircraft owners and operators. MARPA notes that this new class includes maintenance and repair organizations, component servicing and repair shops, parts purveyors and distributors, and organizations manufacturing or servicing alternatively certified parts under section 21.303 (“Replacement and modification parts”) of the Federal Aviation Regulations (14 CFR 21.303). MARPA adds that the distribution to owners may, when the owner is a financing or leasing institution, not actually reach the persons responsible for accomplishing the airworthiness directive. Therefore, MARPA asks that the service documents deemed essential to the accomplishment of the NPRM be incorporated by reference into the regulatory instrument, and published in the DMS. We do not agree with the commenter's request to indicate our intent in an NPRM to incorporate by reference particular publications. When we reference certain service information in a proposed AD, the public can assume we intend to IBR that service information, as required by the Office of the Federal Register. No change to this AD is necessary in regard to the commenter's request. In regard to the commenter's request to post service bulletins on the Department of Transportation's DMS, we are currently in the process of reviewing issues surrounding the posting of service bulletins on the DMS as part of an AD docket. Once we have thoroughly examined all aspects of this issue and have made a final determination, we will consider whether our current practice needs to be revised. No change to the AD is necessary in response to this comment. Request To Delete “Certified” From AD Applicability MARPA questions the use of the adjective “certified” for the subject airplane models. MARPA asks what a “certified” model is and if the use of that word implies that “uncertified” models exist that are exempt from the NPRM. MARPA adds that perhaps the word “certificated” was intended instead, but was changed to avoid the use of the same word twice in the same sentence, which would make more sense. MARPA suggests that the word “certified” be dropped, as it appears to be both superfluous and confusing. We do not agree with the commenter's request. We identified “all certified models” in the applicability of the NPRM to follow the MCAI; that phrase refers to all dash numbers of a particular airplane model. “All certified models” is different from “certificated in any category,” which refers to the category of type certification for the airplane (normal, utility, transport, etc.). We made no change to the AD in this regard. Conclusion We 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 determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. 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 a U.S. court of law. 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 described in a separate paragraph of the AD. These requirements, if any, take precedence over the actions copied from the MCAI. Costs of Compliance Based on the service information, we estimate that this AD affects about 675 products of U.S. registry. We also estimate that it would take about 4 work-hours per product to comply with 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 $216,000, or $320 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 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. 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 adding the following new AD: **2007-13-08 Airbus:** Amendment 39-15112. Docket No. FAA-2006-26051; Directorate Identifier 2006-NM-154-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective July 25, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to Airbus Model A318, A319, A320 and A321 airplanes, all certified models, all serial numbers, certificated in any category; except airplanes identified in paragraphs (c)(1) and (c)(2) of this AD.

(1)Airplanes equipped with Hamilton Sundstrand APIC APS 3200 auxiliary power units (APUs), that have received Airbus Modification 35803 in production or Airbus Service Bulletin A320-49-1070 in service.

(2)Airplanes equipped with Honeywell 131-9A APUs, that have received Airbus Modification 35936 in production or Airbus Service Bulletin A320-49-1075 in service. Reason

(d)An operator reported black smoke at the rear of the fuselage during taxi after landing. The smoke was caused by a fire in the APU air intake. Analysis has demonstrated that following numerous unsuccessful APU start attempts in flight, there is a risk of reverse flow, leading to flame propagation to the APU air inlet and air intake duct. If this zone is contaminated, a fire may be initiated. The flightcrew operating manual limits the number of APU start attempts as follows: After three starter motor duty cycles, wait 60 minutes before attempting three more cycles. The MCAI mandates repetitive inspections of the APU starter motor, APU inlet plenum, and APU air intake, as well as repetitive cleaning of the APU air intake; and applicable corrective actions. Actions and Compliance

(e)Unless already done, do the following actions except as stated in paragraph

(f)below.

(1)Within the next 600 flight hours following the effective date of this AD: Inspect the APU starter motor, APU air inlet plenum, and APU air intake, and do the applicable corrective actions before further flight, in accordance with the instructions given in Airbus Service Bulletin A320-49-1068, Revision 01, dated February 2, 2006.

(2)Repeat the inspection per above paragraph (e)(1) of this AD, at intervals not exceeding 600 flight hours.

(3)Prior to the accumulation of 2,400 flight hours since the aircraft's first flight, or within the next 600 flight hours after the effective date of this AD, whichever occurs later, unless accomplished before the effective date of this AD in accordance with Airbus Service Bulletin A320-49-1068, dated June 2, 2005: Clean the APU air intake in accordance with the instructions given in Airbus Service Bulletin A320-49-1068, Revision 01, dated February 2, 2006.

(4)Repeat the cleaning task per above paragraph (e)(3) of this AD, at intervals not exceeding 2,400 flight hours.

(5)After embodiment of Airbus Service Bulletin A320-49-1070, dated July 28, 2006 (on airplanes equipped with APIC APS 3200 APUs); or Airbus Service Bulletin A320-49-1075, dated September 22, 2006, or Revision 01, dated December 1, 2006 (on airplanes equipped with Honeywell 131-9A APUs); as applicable; the inspections and cleaning as described above are no longer required. FAA AD Differences

(f)None. 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 Dulin, Aerospace Engineer, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2141; 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.

(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 Airworthiness Directive 2006-0153 R1, dated November 27, 2006 (corrected November 29, 2006), which references Airbus Service Bulletins A320-49-1068, Revision 01, dated February 2, 2006; A320-49-1070, dated July 28, 2006; and A320-49-1075, dated September 22, 2006, and Revision 01, dated December 1, 2006; for related information. Material Incorporated by Reference

(i)You must use Airbus Service Bulletin A320-49-1068, Revision 01, dated February 2, 2006, to do the actions required by this AD, unless the AD specifies otherwise. If accomplished, you must use the applicable Airbus Service Bulletin specified in Table 1 of this AD to perform the optional terminating action specified in this AD. Table 1.—Optional Material Incorporated by Reference Airbus Service Bulletin Revision level Date A320-49-1070 Original July 28, 2006. A320-49-1075 Original September 22, 2006. A320-49-1075 01 December 1, 2006.

(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 98057-3356; 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 June 12, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification. [FR Doc. E7-11780 Filed 6-19-07; 8:45 am] BILLING CODE 4910-13-P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 200 [RELEASE NO. 34-55540A; INTERNATIONAL SERIES RELEASE NO. 1301A; FILE NO. S7-12-05] RIN 3235-AJ38 Termination of Foreign Private Issuer's Registration of a Class of Securities Under Section 12(G) and Duty to File Reports Under Section 13(A) or 15(D) of the Securities Exchange Act of 1934 AGENCY: Securities and Exchange Commission. ACTION: Correction to final rule. SUMMARY: The Commission adopted amendments to the language of the third-party and issuer tender offer best-price rules on November 1, 2006. This document contains a correction to the final rule that was published on April 5, 2007 [72 FR 16934]. DATES: *Effective Date:* June 4, 2007. FOR FURTHER INFORMATION CONTACT: Linda Cullen, Program Information Specialist, Office of the Secretary, at

(202)551-5402. SUPPLEMENTARY INFORMATION: The Commission adopted amendments to the language of the third-party and issuer tender offer best-price rules on November 1, 2006. In this release, the instruction for the authority citation in FR Doc. E7-5947 in the April 5, 2007 issue of the **Federal Register** is being corrected. PART 200—[CORRECTED] 1. On page 16955, in the first column, the amendatory language for amendment 1 is corrected to read as follows: “1. The authority citation for part 200, subpart A, continues to read, in part, as follows: Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w, 78 *ll* (d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted.” Dated: June 15, 2007. Nancy M. Morris, Secretary. [FR Doc. E7-11911 Filed 6-19-07; 8:45 am] BILLING CODE 8010-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD05-07-061] RIN 1625-AA-09 Drawbridge Operation Regulations; Delaware River, between Tacony, PA, and Palmyra, NJ AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, Fifth Coast Guard District, has approved a temporary deviation from the regulations governing the operation of the Tacony-Palmyra Bridge, at mile 107.2, across Delaware River, between Tacony, PA, and Palmyra, NJ. This deviation allows the drawbridge to remain closed-to-navigation from 6 a.m. on July 9 until and including 10 p.m. on July 11, 2007, and from 6 a.m. on July 16 until and including 10 p.m. on July 18, 2007, to facilitate electrical repairs. DATES: This deviation is effective from 6 a.m. on July 9, 2007, to 10 p.m. on July 18, 2007. ADDRESSES: Materials referred to in this document are available for inspection or copying at Commander (dpb), Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is

(757)398-6222. Commander (dpb), Fifth Coast Guard District maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge Administrator, Fifth Coast Guard District, at

(757)398-6222. SUPPLEMENTARY INFORMATION: The Tacony-Palmyra Bridge, a lift drawbridge, has a vertical clearance in the closed position to vessels of 50 feet, above mean high water. Carr & Duff, Inc., on behalf of the bridge owner the Burlington County Bridge Commission, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.5 and 117.716 to close the drawbridge to navigation to facilitate the replacement of submarine cable termination boxes on the drawbridge. To facilitate the submarine cable replacement, the Tacony-Palmyra Bridge will be maintained in the closed-to-navigation position from 6 a.m. on Monday, July 9 until and including 10 p.m. on Wednesday, July 11, 2007, and from 6 a.m. on Monday, July 16 until and including 10 p.m. on Wednesday, July 18, 2007. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: June 11, 2007. Waverly W. Gregory, Jr., Chief, Bridge Administration, Branch Fifth Coast Guard District. [FR Doc. E7-11955 Filed 6-19-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD09-07-036] RIN 1625-AA00 Safety Zone; Gardens of the Magnificent Mile Fireworks, Chicago River, Chicago, IL AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone on the Chicago River, Chicago, IL. This zone is intended to restrict vessels from a portion of the Chicago River during the Gardens of the Magnificent Mile fireworks display on June 23, 2007. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. DATES: This rule is effective from 8:45 p.m. to 9:45 p.m. on June 23, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket CGD09-07-036 and are available for inspection or copying at U.S. Coast Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive, Milwaukee, Wisconsin 53207 between 8:30 p.m. and 3 p.m. Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Brad Hinken, U.S. Coast Guard Sector Lake Michigan, Prevention Department, 2420 South Lincoln Memorial Drive, Milwaukee, Wisconsin 53207;

(414)747-7154. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The permit application was not received in time to publish an NPRM followed by a final rule before the effective date. Under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Delaying this rule would be contrary to the public interest of ensuring the safety of spectators and vessels during this event and immediate action is necessary to prevent possible loss of life or property. The Coast Guard has not received any complaints or negative comments previously with regard to this event. Background and Purpose This temporary safety zone is necessary to ensure the safety of vessels and spectators from hazards associated with a fireworks display. Based on accidents that have occurred in other Captain of the Port zones, and the explosive hazards of fireworks, the Captain of the Port Lake Michigan has determined fireworks launches proximate to watercraft pose significant risk to public safety and property. The likely combination of large numbers of recreation vessels, congested waterways, darkness punctuated by bright flashes of light, alcohol use, and debris falling into the water could easily result in serious injuries or fatalities. Establishing a safety zone to control vessel movement around the location of the launch platform will help ensure the safety of persons and property at these events and help minimize the associated risks. Discussion of Rule A temporary safety zone is necessary to ensure the safety of spectators and vessels during the setup, loading and launching of a fireworks display in conjunction with the Gardens of the Magnificent Mile fireworks display. The fireworks display will occur between 8:45 p.m. and 9:45 p.m. on June 23, 2007. The safety zone for the fireworks will encompass all waters of the Chicago River Main Branch, from the east side of the Michigan Avenue Bridge to the west side of the Columbus Avenue Bridge. The size of this zone was determined using the National Fire Prevention Association guidelines and local knowledge of wind and currents. All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene representative. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. 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. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This determination is based on the minimal time that vessels will be restricted from the zone and the zone is an area where the Coast Guard expects insignificant adverse impact to mariners from the zones' activation. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 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 and operators of vessels intending to transit or anchor in a portion of the Chicago River at Chicago, IL, between 8:45 p.m. and 9:45 p.m. on June 23, 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 one hour for one event. Vessel traffic can safely pass outside the safety zone during the event. In the event that this temporary safety zone affects shipping, commercial vessels may request permission from the Captain of the Port Lake Michigan to transit through the safety zone. The Coast Guard will give notice to the public via a Broadcast to Mariners that the regulation is in effect. 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). 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 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 a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule would not result in such 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 concern an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments The Coast Guard recognizes the treaty rights of Native American Tribes. Moreover, the Coast Guard is committed to working with Tribal Governments to implement local policies and to mitigate tribal concerns. We have determined that these special local regulations and fishing rights protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes that have questions concerning the provisions of this Proposed Rule or options for compliance are encouraged to contact the point of contact listed under FOR FURTHER INFORMATION CONTACT . 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 procedure; and related management system 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 standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides 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 section 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 event establishes a safety zone therefore paragraph (34)(g) of the Instruction applies. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” are 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. Chapter 701; 50 U.S.C. 191, 195; 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. A new temporary § 165.T09-036 is added as follows: § 165.T09-036 Safety zone; Gardens of the Magnificent Mile Fireworks, Chicago River, Chicago, IL.

(a)*Location* . The following area is a temporary safety zone: all waters of the Chicago River Main Branch, from the east side of the Michigan Avenue Bridge to the west side of the Columbus Avenue Bridge.

(b)*Effective period* . This regulation is effective from 8:45 p.m. (local) to 9:45 p.m. (local) on June 23, 2007.

(c)*Regulations* .

(1)In accordance with the general regulations in section 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan, or his on-scene representative.

(2)This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Lake Michigan or his on-scene representative.

(3)The “on-scene representative” of the Captain of the Port is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port to act on his behalf. The on-scene representative of the Captain of the Port will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his on-scene representative may be contacted via VHF Channel 16.

(500)yard radius of the fireworks barge located at approximate position 42°15.2′ N, 070°56.7′ 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 Weymouth Fore River during its closure period. DATES: This rule is effective from 8:30 p.m. until 11:15 p.m. on June 30, 2007, with a rain date of July 1, 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 CGD01-07-002 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; Town of Weymouth Fourth of July Celebration Fireworks, Weymouth, Ma” in the **Federal Register** (72 FR 18935). We did not receive any letters commenting on the proposed rule. No public meeting was requested, and none was held. As the fireworks display is scheduled to occur on June 30, 2007, any delay encountered in the regulation's effective date would be contrary to the public interest since the safety zone is needed to prevent traffic from transiting a portion of Weymouth Fore River during the fireworks display thus ensuring that the maritime public is protected from any potential harm associated with such an event. Accordingly, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Background and Purpose This rule establishes a safety zone on the navigable waters of Weymouth Fore River within a 500 yard radius around the fireworks barge located at approximate position 42°15.2′ N, 070°56.7′ W. The safety zone is in effect from 8:30 p.m. EDT until 11:15 p.m. EDT on June 30, 2007. The safety zone temporarily restricts movement within this portion of Weymouth Fore River 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. Although this rule prevents vessel traffic from transiting a portion of Weymouth Fore River 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 two hours and forty-five minutes, vessels will be able to operate in the majority of Weymouth Fore River 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 Weymouth Fore River from 8:30 p.m. EDT until 11:15 p.m. EDT on June 30, 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 two hours and forty-five minutes, 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 standards. 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 that will be in effect for only two hours and forty-five minutes. 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.T01-002 to read as follows: § 165.T01-002 Safety Zone; Town of Weymouth Fourth of July Celebration Fireworks, Weymouth, Massachusetts.

(a)*Location.* The following area is a safety zone: All navigable waters of Weymouth Fore River within a 500 yard radius of the fireworks barge located at approximate position 42°15.2′ N, 070°56.7′ W.

(b)*Effective Date.* This section is effective from 8:30 p.m. EDT until 11:15 p.m. EDT on June 30, 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.

(500)yard radius of the fireworks display located at approximate position 42°50.12″ N, 070°45.64″ 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 off of Salisbury Beach during its closure period. DATES: This rule is effective from 9:30 p.m. EDT on June 30, 2007 until 11:15 p.m. EDT on June 30, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD01-07-043 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 We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. As the fireworks display is scheduled to occur on June 30, 2007, any delay encountered in the regulation's effective date would be contrary to the public interest since the safety zone is needed to prevent traffic from transiting a portion of water off of Salisbury Beach during the fireworks display thus ensuring that the maritime public is protected from any potential harm associated with such an event. Accordingly, under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. For the same reasons, the Coast Guard finds, under 5 U.S.C. 553(d)(3), that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Background and Purpose This rule establishes a safety zone on the navigable waters off of Salisbury Beach within a 500 yard radius around the fireworks display located at approximate position 42°50.312′ N, 070°45.64′ W. The safety zone is in effect from 9:30 p.m. EDT until 11:15 p.m. EDT on June 30, 2007. The safety zone temporarily restricts movement within this portion of water off of Salisbury Beach 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. 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 the area off of Salisbury Beach 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 one hour and forty-five minutes, vessels will be able to operate in the majority of the area off of Salisbury Beach 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 off of Salisbury Beach from 9:30 p.m. EDT until 11:15 p.m. EDT on June 30, 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 one hour and forty-five minutes, 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 standards. 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 that will be in effect for only one hour and forty-five minutes. 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 § 165.T01-043 to read as follows: § 165.T01-043 Safety Zone; Sand and Sea Festival Fireworks Dispaly, Salisbury, Massachusetts

(a)*Location.* The following area is a safety zone: All navigable waters off of Salisbury Beach within a 500 yard radius of the fireworks barge located at approximate position 42° 50.12′ N, 070° 45.64′ W.

(b)*Effective Date.* This section is effective from 9:30 p.m. EDT until 11:15 p.m. EDT on June 30, 2007.

(c)*Definitions.* 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).

(d)*Regulations.*

(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 25, 2007. James L. McDonald, Captain, U.S. Coast Guard, Captain of the Port Boston, Massachusetts. [FR Doc. E7-11856 Filed 6-19-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP San Francisco Bay 07-022] RIN 1625-AA00 Safety Zone; Fireworks Extravaganza, City of Antioch, San Francisco Bay, CA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary, moving safety zone in the navigable waters of the San Joaquin River for the loading, transport, and launching of fireworks used during the City of Antioch Fireworks Extravaganza, to be held on July 4, 2007. This safety zone is intended to prohibit vessels and people from entering into or remaining within the regulated areas in order to ensure the safety of participants and spectators. DATES: This rule is effective from 8 a.m. to 9:30 p.m. on July 4, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of the docket COTP San Francisco Bay 07-022 are available for inspection or copying at Coast Guard Sector San Francisco, 1 Yerba Buena Island, San Francisco, California, 94130, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ensign Sheral Richardson United States Coast Guard Sector San Francisco, at

(415)556-2950 extension 136, or the 24-hour Command Center at

(415)399-3547. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. Logistical details surrounding the event were not finalized and presented to the Coast Guard in time to draft and publish an NPRM. As such, the event would occur before the rulemaking process was complete. Because of the dangers posed by the pyrotechnics used in this fireworks display, this safety zone is necessary to provide for the safety of event participants, spectator craft, and other vessels transiting the event area. For the safety concerns noted, it is in the public interest to have these regulations in effect during the event. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Any delay in the effective date of this rule would expose mariners to the dangers posed by the pyrotechnics used in this fireworks display. Background and Purpose The City of Antioch will sponsor a fireworks display on July 4, 2007 in the waters of the San Joaquin River. The fireworks display is meant for entertainment purposes. This temporary, moving safety zone is issued to establish a temporary restricted area in the San Joaquin River around the fireworks launch barge during loading of the pyrotechnics, during the transit of the barge to the display location, and during the fireworks display. This restricted area around the launch barge is necessary to protect spectators, vessels, and other property from the hazards associated with the pyrotechnics on the fireworks barge. Discussion of Rule The Coast Guard is establishing a temporary, moving safety zone in the navigable waters of the San Joaquin River near Antioch's shoreline. During the loading of the fireworks barge, while the barge is being towed to the display location, and until the start of the fireworks display, the temporary, moving safety zone applies to the navigable waters around and under the fireworks barge within a radius of 100 feet. Fifteen minutes prior to and during the twenty minute fireworks display, the area to which the temporary safety zone applies will increase in size to encompass the navigable waters around and under the fireworks barge within a radius of 1,000 feet. Loading of the pyrotechnics onto the fireworks barge is scheduled to commence at 8 a.m. on July 4, 2007, and will take place at Fulton Shipyard, 307 Fulton Shipyard Road, Antioch, California. Towing of the barge from Fulton Shipyard to the display location is scheduled to take place between 7 p.m. and 9 p.m. on July 4, 2007. During the fireworks display, scheduled to commence at approximately 9 p.m., the fireworks barge will be located approximately 600 feet off of Antioch's shoreline in approximate position 38°01′21″ N, 121°49′06″ W and travel east in a straight line to 38°01′11″ N, 121°48′15″ W. The effect of the temporary, moving safety zone will be to restrict navigation in the vicinity of the fireworks barge while the fireworks are loaded at Fulton Shipyard, during the transit of the fireworks barge, and until the conclusion of the scheduled display. Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the restricted area. These regulations are needed to keep spectators and vessels a safe distance away from the fireworks barge to ensure the safety of participants, spectators, and transiting vessels. Unauthorized persons or vessels are prohibited from entering or remaining in a safety zone. Vessels or persons violating this section will be subject to both criminal and civil penalties. 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. Although this regulation prevents traffic from transiting a portion of the San Joaquin River during the event, the effect of this regulation will not be significant due to the small size and limited duration of the regulated area. The entities most likely to be affected are pleasure craft engaged in recreational activities and sightseeing. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 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 is not expected to have a significant economic impact on a substantial number of entities, some of which may be small entities. This rule may affect owners and operators of pleasure craft engaged in recreational activities and sightseeing. This rule will not have a significant economic impact on a substantial number of small entities for several reasons:

(i)Vessel traffic can pass safely around the area,

(ii)vessels engaged in recreational activities and sightseeing have ample space outside of the effected portion of the San Joaquin River to engage in these activities,

(iii)this rule will encompass only a small portion of the waterway for a limited period of time, and

(iv)the maritime public will be advised in advance of this safety zone via public 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. If the rule will affect your small business, organization, or government jurisdiction and you have questions concerning its provisions, options for compliance, or assistance in understanding this rule, please contact Ensign Sheral Richardson, U.S. Coast Guard Sector San Francisco, at

(415)556-2950 extension 136. 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). 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 a State, local, or tribal government, 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect 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 create 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 standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD 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 section 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. 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. Chapter 701; 50 U.S.C. 191, 195; 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.T11-198 to read as follows: § 165.T11-198 Safety Zone; Fireworks Extravaganza, City of Antioch, San Francisco Bay, CA.

(a)*Location.* A temporary, moving safety zone is established for the waters of the San Joaquin River surrounding a barge used as the launch platform for a fireworks display. During the loading of the fireworks barge, during the transit of the fireworks barge to the display location, and until fifteen minutes prior to the start of the fireworks display, the restricted area encompasses the navigable waters around and under the fireworks barge within a radius of 100 feet. During the fifteen minutes preceding the fireworks display and during the twenty minute fireworks display itself, the safety zone increases in size to encompass the navigable waters around and under the fireworks launch barge within a radius of 1,000 feet. Loading of the pyrotechnics onto the fireworks barge is scheduled to commence at 8 a.m. on July 4, 2007, and will take place at Fulton Shipyard in Antioch. Towing of the barge from Fulton Shipyard to the display location is scheduled to take place between 7 p.m. and 9 p.m. on July 4, 2007. During the fireworks display, scheduled to start at approximately 9 p.m. on July 4, 2007, the barge will be located approximately 600 feet off from Antioch's shoreline in the San Joaquin River in approximate position 38°01′21″ N, 121°49′06″ W and travel east in a straight line to 38°01′11″ N, 121°48′15″ W.

(b)*Effective period.* This section is effective from 8 a.m. through 9:30 p.m. on July 4, 2007. If the event concludes prior to the scheduled termination time, the Coast Guard will cease enforcement of the safety zone and will announce that fact via Broadcast Notice to Mariners.

(c)*Regulations.* In accordance with the general regulations in § 165.23 of this part, entry into, transit through, or anchoring within this safety zone by all vessels and persons is prohibited, unless specifically authorized by the Captain of the Port San Francisco, or his designated representative.

(d)*Enforcement.* All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port, or the designated on-scene patrol personnel. Patrol personnel can be comprised of commissioned, warrant, and petty officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local, State, and Federal law enforcement vessels. Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. The U.S. Coast Guard may be assisted in the patrol and enforcement of this safety zone by local law enforcement as necessary. Dated: June 4, 2007. W.J. Uberti, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. E7-11858 Filed 6-19-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01-07-067] RIN 1625-AA00 Safety Zone: Summer Solstice/U.S. Chamber of Commerce Fireworks, Mystic Seaport, CT AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone for the Summer Solstice/U.S. Chamber of Commerce Fireworks from a barge off of Mystic Seaport, Mystic River, Mystic, CT. The safety zone is necessary to protect the life and property of the maritime community from the hazards posed by the fireworks display. Entry into or movement within this safety zone during the enforcement period is prohibited without approval of the Captain of the Port, Long Island Sound. DATES: This rule is effective from 9 p.m. to 10 p.m. on June 25, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD01-07-067 and will be available for inspection or copying at Sector Long Island Sound, New Haven, CT, between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant D. Miller, Chief, Waterways Management Division, Coast Guard Sector Long Island Sound at

(203)468-4596. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The Coast Guard did not receive an Application for Approval of Marine Event for this event until April 27, 2007, thereby making an NPRM impracticable. A delay or cancellation of the fireworks display in order to accommodate a full notice and comment period would be contrary to the public interest. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Any delay encountered in this regulation's effective date would be impracticable and contrary to public interest since immediate action is needed to prevent traffic from transiting a portion of Mystic River off Mystic Seaport, Mystic, CT and to protect the maritime public from the hazards associated with this fireworks event. The safety zone should have minimal negative impact on the public and navigation, because it will be enforced for a one-hour period only. Also, the area closed by the safety zone is minimal thus allowing vessels to continue to transit the Mystic River by going around the safety zone. Background and Purpose The Summer Solstice/U.S. Chamber of Commerce Fireworks display will be taking place from a barge in Mystic River, off Mystic Seaport, Mystic, CT from 9 p.m. to 10 p.m. on June 25, 2007. This safety zone is necessary to protect the life and property of the maritime public from the hazards posed by the fireworks display. It will protect the maritime public by prohibiting entry into or movement within this portion of Mystic River for a total of one hour from beginning to completion of the event. Discussion of Rule This regulation establishes a temporary safety zone on the navigable waters of Mystic River off Mystic Seaport, Mystic, CT within a 400-foot radius of the fireworks barge located at approximate position 41°22.068′ N, 071°57.925′ W. The temporary safety zone will be outlined by temporary marker buoys installed by the event organizers. This action is intended to prohibit vessel traffic in a portion of Mystic River off Mystic Seaport, Mystic, CT to provide for the protection of life and property of the maritime public. The safety zone will be enforced from 9 p.m. until 10 p.m. on June 25, 2007. Marine traffic may transit safely outside of the safety zone during the event thereby allowing navigation of the rest of Mystic River except for the portion delineated by this rule. The Captain of the Port anticipates minimal negative impact on vessel traffic from this event due to the limited area and duration covered by this safety zone. Public notifications will be made prior to the effective period via local notice to mariners and marine information broadcasts. 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. This regulation may have some impact on the public, but the potential impact will be minimized for the following reasons: Vessels will only be excluded from the area of the safety zone for one hour and vessels will be able to operate in other areas of Mystic River off Mystic Seaport, Mystic, CT during the enforcement period. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule will 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 may affect the following entities, some of which may be small entities: The owners or operators of recreational vessels intending to transit or anchor in those portions of Mystic River covered by the closure. For the reasons outlined in the Regulatory Evaluation section above, this rule will not have a significant impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under subsection 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard wants to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking process. If this rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call Lieutenant D. Miller, Chief, Waterways Management Division, Sector Long Island Sound, at

(203)468-4596. 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 a State, local, or tribal government, 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 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 create an environmental 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 will 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 standards. 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 the categorical exclusion under section 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 falls under the provisions of paragraph (34)(g) because the rule establishes a safety zone. 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 and 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 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.T01-067 to read as follows: § 165.T01-067 Safety Zone: Summer Solstice/US Chamber of Commerce Fireworks, off Mystic Seaport, Mystic, CT.

(a)*Location.* The following area is a safety zone: All navigable waters of Mystic River in a 400-foot radius of a fireworks barge located at approximate position 41°22.068′ N, 071°57.925′ W. All coordinates are North American Datum 1983.

(b)*Definition.* The following definition applies to this section: *Designated on-scene patrol personnel* means any commissioned, warrant, and petty officer of the U.S. Coast Guard operating a Coast Guard vessel who has been authorized to act on the behalf of the Captain of the Port, Long Island Sound.

(c)*Regulations.*

(1)The general regulations contained in 33 CFR 165.23 apply.

(2)In accordance with the general regulations in § 165.23 of this part, entry into or movement within this zone is prohibited unless authorized by the Captain of the Port, Long Island Sound.

(3)All persons and vessels shall comply with the Coast Guard Captain of the Port or designated on-scene patrol personnel.

(4)Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed.

(5)Persons and vessels may request permission to enter the zone on VHF-16 or via telephone at

(203)468-4401.

(d)*Enforcement period.* This section will be enforced from 9 p.m. to 10 p.m. on Monday June 25, 2007. Dated: June 5, 2007. J.J. Plunkett, Commander, U. S. Coast Guard, Captain of the Port, Long Island Sound, Acting. [FR Doc. E7-11861 Filed 6-19-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01-07-065] RIN 1625-AA00 Safety Zone: City of Long Beach Fireworks, Atlantic Ocean, Long Beach, NY AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone for the City of Long Beach Fireworks on the Atlantic Ocean off of Riverside Boulevard, Long Beach, NY. The safety zone is necessary to protect the life and property of the maritime community from the hazards posed by the fireworks display. Entry into or movement within this safety zone during the enforcement period is prohibited without approval of the Captain of the Port, Long Island Sound. DATES: This rule is effective from 8:30 p.m. on July 6, 2007 to 10:30 p.m. on July 7, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD01-07-065 and will be available for inspection or copying at Sector Long Island Sound, New Haven, CT, between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant D. Miller, Chief, Waterways Management Division, Coast Guard Sector Long Island Sound at

(203)468-4596. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The Coast Guard did not receive an Application for Approval of Marine Event for this event in sufficient time to conduct a notice and comment period, thereby making an NPRM impracticable. A delay or cancellation of the fireworks display in order to accommodate a full notice and comment period would be contrary to the pubic interest. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Any delay encountered in this regulation's effective date would be impracticable and contrary to public interest since immediate action is needed to prevent vessel traffic from transiting a navigable portion of the Atlantic Ocean, near Long Beach, NY and to protect the maritime public from the hazards associated with this fireworks event. The temporary zone should have minimal negative impact on the public and navigation because it will be enforced for a two hour period on a single day and the area closed by the safety zone is minimal, thus allowing vessels to transit around the safety zone on the Atlantic Ocean, near Long Beach, NY. Background and Purpose The City of Long Beach Fireworks display will be taking place in the Atlantic Ocean off Riverside Blvd., Long Beach, NY from 8:30 p.m. to 10:30 p.m. on July 6, 2007. If the fireworks display is cancelled due to inclement weather on July 6, 2007, it will take place from 8:30 p.m. to 10:30 p.m. on July 7, 2007. This safety zone is necessary to protect the life and property of the maritime public from the hazards posed by the fireworks display. It will protect the maritime public by prohibiting entry into or movement within the navigable portion of the Atlantic Ocean one hour prior to, during, and one hour after the stated event. Discussion of Rule This regulation establishes a temporary safety zone on the navigable waters of the Atlantic Ocean, near Long Beach, NY within a 1200-foot radius of the fireworks barge located at approximate position 40°34′38.77″ N, 073°39′41.32″ W. The temporary safety zone will be outlined by temporary marker buoys installed by the event organizers. This action is intended to prohibit vessel traffic in a navigable portion of the Atlantic Ocean, near Long Beach, NY to provide for the protection of life and property of the maritime public. The safety zone will be enforced from 8:30 p.m. until 10:30 p.m. on July 6, 2007 or if the event is postponed due to inclement weather, from 8:30 p.m. to 10:30 p.m. on July 7, 2007. Marine traffic may transit safely outside of the safety zone during the event thereby allowing navigation of the rest of the Atlantic Ocean except for the portion delineated by this rule. The Captain of the Port anticipates minimal negative impact on vessel traffic because of this safety zone due to the limited area and duration covered by this regulation. Public notifications will be made prior to the effective period via local notice to mariners and marine information broadcasts. 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. This regulation may have some impact on the public, but the potential impact will be minimized for the following reasons: Vessels will only be excluded from the area of the safety zone for two hours and vessels will be able to operate in other areas of the Atlantic Ocean, near Long Beach, NY during the enforcement period. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule will 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 may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in those portions of the Atlantic Ocean covered by the safety zone. For the reasons outlined in the Regulatory Evaluation section above, this rule will not have a significant impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 can better evaluate its effects on them and participate in the rulemaking. If this rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call Lieutenant D. Miller, Chief, Waterways Management Division, Sector Long Island Sound, at

(203)468-4596. 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 a State, local, or tribal government, 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 will not concern 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 will 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 standards. 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 the categorical exclusion under section 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 as the rule establishes a safety zone. 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 and 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 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.T01-065 to read as follows: § 165.T01-065 Safety Zone: City of Long Beach Fireworks, Atlantic Ocean, Long Beach, NY.

(a)*Location.* The following area is a safety zone: All navigable waters of the Atlantic Ocean in a 1200-foot radius of a fireworks barge located at approximate position 40°34′38.77″ N, 073°39′41.32″ W.

(b)*Definition.* The following definition applies to this section: *Designated on-scene patrol personnel,* means any commissioned, warrant, and petty officer of the U.S. Coast Guard operating a Coast Guard vessel who has been authorized to act on the behalf of the Captain of the Port, Long Island Sound.

(c)*Regulations.*

(1)The general regulations contained in 33 CFR 165.23 apply.

(2)In accordance with the general regulations in § 165.23 of this part, entry into or movement within these zones is prohibited unless authorized by the Captain of the Port, Long Island Sound.

(3)All persons and vessels shall comply with the Coast Guard Captain of the Port, Long Island Sound or designated on-scene patrol personnel.

(4)Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed.

(5)Persons and vessels may request permission to enter the zone on VHF-16 or via telephone at

(203)468-4401.

(c)*Enforcement period.* This section will be enforced from 8:30 p.m. to 10:30 p.m. on Friday, July 6, 2007. If the fireworks display is cancelled due to inclement weather, it will be enforced from 8:30 p.m. to 10:30 p.m. on Saturday, July 7, 2007. Dated: June 5, 2007. J.J. Plunkett, Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound, Acting. [FR Doc. E7-11879 Filed 6-19-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD01-07-064] RIN 1625-AA00 Safety Zone: Riverfest 2007, Connecticut River, Hartford, CT AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing temporary safety zones for the Riverfest 2007 Fireworks on the Connecticut River off Hartford, CT. The safety zones are necessary to protect the life and property of the maritime community from the hazards posed by the fireworks display. Entry into or movement within the safety zones during the enforcement period is prohibited without approval of the Captain of the Port, Long Island Sound. DATES: This rule is effective from 8:30 p.m. on July 7, 2007 until 10:30 p.m. on July 8, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket CGD01-07-064 and will be available for inspection or copying at Sector Long Island Sound, New Haven, CT, between 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lieutenant D. Miller, Chief, Waterways Management Division, Coast Guard Sector Long Island Sound at

(203)468-4596. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The Coast Guard did not receive an Application for Approval of Marine Event for this event in sufficient time, thereby making an NPRM impracticable and contrary to the pubic interest. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the ** Federal Register ** . Any delay encountered in this regulation's effective date would be impracticable and contrary to public interest since immediate action is needed to prevent traffic from transiting a portion of the Connecticut River, Hartford, CT and to protect the maritime public from the hazards associated with this fireworks event. The safety zones should have minimal negative impact on the public and navigation because they will be enforced for a two hour period on a single day and the area closed by the safety zones is minimal, allowing vessels to transit around the zones on the Connecticut River, Hartford, CT. Background and Purpose The Riverfest 2007 Fireworks display will take place on the Connecticut River, Hartford, CT from 8:30 p.m. to 10:30 p.m. on July 7, 2007. If the fireworks display is cancelled due to inclement weather, the event will take place from 8:30 p.m. to 10:30 p.m. on July 8, 2007. These safety zones are necessary to protect the life and property of the maritime public from the hazards posed by the fireworks display. They will protect the maritime public by prohibiting entry into or movement within this portion of the Connecticut River one hour prior to, during and one hour after the stated event. Discussion of Rule This regulation establishes temporary safety zones on the waters of the Connecticut River, Hartford, CT within a 500-foot radius of each of the two fireworks barges located at approximate positions 41°45′39.93″ N, 072°39′49.14″ W and 41°45′36.06″ N, 072°39′46.03″ W. The temporary safety zones will be outlined by temporary marker buoys installed by the event organizers. This action is intended to prohibit vessel traffic in a portion of the Connecticut River, Hartford, CT to provide for the protection of life and property of the maritime public. The safety zones will be enforced from 8:30 p.m. until 10:30 p.m. on July 7, 2007, or if the event is postponed due to weather, from 8:30 p.m. to 10:30 p.m. on July 8, 2007. Marine traffic may transit safely outside of the safety zones during the event thereby allowing navigation of the rest of the Connecticut River except for the portion delineated by this rule. The Captain of the Port anticipates minimal negative impact on vessel traffic due to this event due to the limited area and duration covered by these safety zones. Public notifications will be made prior to the effective period via local notice to mariners and marine information broadcasts. 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. This regulation may have some impact on the public, but the potential impact will be minimized for the following reasons: Vessels will only be excluded from the area of the safety zones for two hours; and vessels will be able to operate in other areas of the Connecticut River, Hartford, CT during the enforcement period. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule will 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 may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in those portions of the Connecticut River covered by the safety zone. For the reasons outlined in the Regulatory Evaluation section above, this rule will not have a significant impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 this rule so that they can better evaluate its effects on them and participate in the rulemaking process. If this rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions please call Lieutenant D. Miller, Chief, Waterways Management Division, Sector Long Island Sound, at

(203)468-4596. 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 a State, local, or tribal government, 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 will not concern 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 will 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. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs 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 standards. 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 the categorical exclusion under section 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 because this rule establishes a safety zone. 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 and 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 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.T01-064 to read as follows: § 165.T01-064 Safety Zone: Riverfest 2007 Fireworks, Connecticut River, Hartford, CT.

(a)*Location.* The following areas are safety zones:

(1)All navigable waters of the Connecticut River in a 500-foot radius of the fireworks barge located at approximate position 41°45′39.93″ N, 072°39′49.14″ W.

(2)All navigable waters of the Connecticut River in a 500-foot radius of the fireworks barge located at approximate position 41°45′36.06″ N, 072°39′46.03″ W.

(c)*Regulations.*

(1)The general regulations contained in 33 CFR 165.23 apply.

(2)In accordance with the general regulations in § 165.23 of this part, entry into or movement within these zones is prohibited unless authorized by the Captain of the Port, Long Island Sound.

(3)All persons and vessels shall comply with the Coast Guard Captain of the Port, Long Island Sound or designated on-scene patrol personnel.

(4)Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed.

(5)Persons and vessels may request permission to enter the zone on VHF-16 or via telephone at

(203)468-4401.

(d)*Enforcement period.* This section will be enforced from 8:30 p.m. to 10:30 p.m. on Saturday, July 7, 2007. If the fireworks display is cancelled due to inclement weather, it will be enforced from 8:30 p.m. to 10:30 p.m. on Sunday, July 8, 2007. Dated: June 5, 2007. J.J. Plunkett, Commander, U.S. Coast Guard, Captain of the Port, Long Island Sound, Acting. [FR Doc. E7-11881 Filed 6-19-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD09-07-037] RIN 1625-AA00 Safety Zone; Chicago Fourth of July Fireworks, Chicago Harbor, Chicago, IL AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone in Chicago Harbor, Chicago, IL. This zone is intended to restrict vessels from a portion of Chicago Harbor during the Chicago Fourth of July Fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. DATES: This rule is effective from 8:30 p.m. on July 4, 2007 to 9:30 p.m. on July 5, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket, are part of docket CGD09-07-037 and are available for inspection or copying at U.S. Coast Guard Sector Lake Michigan, 2420 South Lincoln Memorial Drive, Milwaukee, Wisconsin, 53207 between 8:30 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Chief Warrant Officer Brad Hinken, U.S. Coast Guard Sector Lake Michigan, Prevention Department, 2420 South Lincoln Memorial Drive, Milwaukee, Wisconsin, 53207;

(414)747-7154. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The permit application was not received in time to publish an NPRM followed by a final rule before the effective date. Under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . Delaying this rule would be contrary to the public interest of ensuring the safety of spectators and vessels during this event and immediate action is necessary to prevent possible loss of life or property. The Coast Guard has not received any complaints or negative comments previously with regard to this event. Background and Purpose This temporary safety zone is necessary to ensure the safety of vessels and spectators from hazards associated with a fireworks display. Based on accidents that have occurred in other Captain of the Port zones, and the explosive hazards of fireworks, the Captain of the Port Lake Michigan has determined fireworks launches proximate to watercraft pose significant risk to public safety and property. The likely combination of large numbers of recreation vessels, congested waterways, darkness punctuated by bright flashes of light, alcohol use, and debris falling into the water could easily result in serious injuries or fatalities. Establishing a safety zone to control vessel movement around the location of the launch platform will help ensure the safety of persons and property at these events and help minimize the associated risks. Discussion of Rule A temporary safety zone is necessary to ensure the safety of spectators and vessels during the setup, loading and launching of a fireworks display in conjunction with the Chicago Fourth of July fireworks display. The fireworks display will occur between 8:30 p.m. to 9:30 p.m. on July 4, 2007 and from 8:30 p.m. to 9:30 p.m. on July 5, 2007. The safety zone for the fireworks will encompass all waters of Chicago Harbor and Lake Michigan within a 1000-foot radius from the fireworks launch site located on a barge in position 41°52′41″ N, 087°36′37″ W (NAD 83). The size of this zone was determined using the National Fire Prevention Association guidelines and local knowledge of wind and currents. All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene representative. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or his on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. 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. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This determination is based on the minimal time that vessels will be restricted from the zone and the zone is an area where the Coast Guard expects insignificant adverse impact to mariners from the zones' activation. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 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 and operators of vessels intending to transit or anchor in a portion of Chicago Harbor from 8:30 p.m. to 9:30 p.m. on July 4, 2007 and from 8:30 p.m. to 9:30 p.m. on July 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 one hour for two events. Vessel traffic can safely pass outside the safety zone during the event. In the event that this temporary safety zone affects shipping, commercial vessels may request permission from the Captain of the Port Lake Michigan to transit through the safety zone. The Coast Guard will give notice to the public via a Broadcast to Mariners that the regulation is in effect. 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). 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 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 a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule would not result in such 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 concern an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments The Coast Guard recognizes the treaty rights of Native American Tribes. Moreover, the Coast Guard is committed to working with Tribal Governments to implement local policies and to mitigate tribal concerns. We have determined that these special local regulations and fishing rights protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes that have questions concerning the provisions of this Proposed Rule or options for compliance are encouraged to contact the point of contact listed under FOR FURTHER INFORMATION CONTACT . 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 procedure; and related management system 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 standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides 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 section 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 event establishes a safety zone therefore paragraph (34)(g) of the Instruction applies. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” are available in the docket where indicated under ADDRESSES . List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping 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. Chapter 701; 50 U.S.C. 191, 195; 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. A new temporary § 165.T09-037 is added as follows: § 165.T09-037 Safety zone; Chicago Fourth of July Fireworks, Chicago Harbor, Chicago, IL.

(a)*Location.* The following area is a temporary safety zone: All waters of Chicago Harbor and Lake Michigan within a 1000-foot radius from the fireworks launch site located on a barge in position 41°52′41″ N, 087°36′37″ W (NAD 83).

(b)*Effective period.* This regulation is effective from 8:30 p.m. on July 4, 2007 to 9:30 p.m. on July 5, 2007. This regulation will be enforced from 8:30 p.m. to 9:30 p.m. on July 4, 2007 and from 8:30 p.m. to 9:30 p.m. on July 5, 2007.

(c)*Regulations.*

(2)This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Lake Michigan or his on-scene representative.

(4)Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Lake Michigan or his on-scene representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Lake Michigan or his on-scene representative. Dated: June 12, 2007. Bruce C. Jones, Captain, U.S. Coast Guard, Captain of the Port Lake Michigan. [FR Doc. E7-11882 Filed 6-19-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD13-07-017] RIN 1625-AA00 Safety Zones: Fireworks Displays in the Captain of the Port Puget Sound Zone AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing temporary safety zones on the waters of the Puget Sound, Lake Washington, and Lake Union, located in the Captain of the Port Puget Sound Zone, during several fireworks displays. This action is necessary to provide for the safety of life during these displays. Entry into these safety zones is prohibited unless authorized by the Captain of the Port or his designated representative. DATES: This regulation is effective from June 30, 2007 through August 26, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket (CGD13-07-017) and are available for inspection or copying at the U.S. Coast Guard Sector Seattle, 1519 Alaskan Way South, Seattle, Washington 98134 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Petty Officer Stephen Knappe, c/o Captain of the Port, U.S. Coast Guard Sector Seattle, 1519 Alaskan Way South, Seattle, Washington 98134,

(206)217-6051. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for not publishing an NPRM and for making this rule effective less than 30 days after publication in the **Federal Register** . Publishing an NPRM would be contrary to public interest since immediate action is necessary to ensure the safety of vessels and spectators gathering in the vicinity of the various fireworks launching barges and displays. If normal notice and comment procedures were followed, this rule would not become effective until after the dates of the events. For this reason, following normal rulemaking procedures in this case would be impracticable and contrary to the public interest. Background and Purpose The Coast Guard is establishing temporary safety zones to allow for safe fireworks displays. All events occur within the Captain of the Port, Puget Sound, WA, Area of Responsibility (AOR). These events may result in a number of vessels congregating near fireworks launching barges and sites. The safety zones are needed to protect watercraft and their occupants from safety hazards associated with fireworks displays. These safety zones will be enforced by representatives of the Captain of the Port, Puget Sound, Washington. The Captain of the Port may be assisted by other federal and local agencies. Discussion of Rule Temporary safety zones are necessary to ensure the safety of spectators and vessels during several fireworks displays occurring between June 30 and August 25, 2007. Entry into these zones is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representative. The Captain of the Port, Puget Sound, Washington, will enforce these safety zones. The Captain of the Port may be assisted by other federal and local agencies. 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 this rule under that Order. This rule is not significant because the safety zones will encompass small portions of Puget Sound, Lake Washington, and Lake Union in the Puget Sound Captain of the Port's AOR on different dates, and all will be effective in the evening when vessel traffic volume is low. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 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. This 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 a portion of the Puget Sound, Lake Washington, or Lake Union during the times in section 2(a) of this rule. These safety zones will not have significant economic impact on a substantial number of small entities for the following reasons. Each safety zone will be in effect for no more than 2.5 hours when vessel traffic volume is low. Traffic will be allowed to pass through each zone with the permission of the Captain of the Port or his designated representatives. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding the rule so that they can 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 a State, local, or tribal government, in the aggregate, or 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 affect 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 create 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. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs 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 standards. 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 section 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. Paragraph 34(g) is applicable because this rule establishes safety zones. A final “Environmental Analysis Check List” and a final “Categorical Exclusion Determination” are 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 Chapter 701; 50 U.S.C. 191, 195; 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.T13-012 to read as follows: § 165.T13-012 Safety Zones: Fireworks Displays in the Captain of the Port Puget Sound Zone.

(a)*Safety Zones.* The following areas are safety zones:

(1)*Langlie's Old Fashioned Independence Celebration Fireworks Safety Zone, Port Madison, WA*

(i)*Location.* All waters of Port Madison, from surface to bottom, extending out to a 500 foot radius from the launch site at 47°44′49″ N, 122°31′32″ W.

(ii)*Effective time and date.* 9:30 p.m. to 10:30 p.m. on June 30, 2007.

(2)*Boston Harbor 4th of July Celebration Fireworks Safety Zone, Boston Harbor, WA:*

(i)*Location.* All waters of Budd Inlet, from surface to bottom, extending out to a 400 foot radius from the launch site at 47°08′31″ N, 122°54′20″ W.

(ii)*Effective time and date.* 10 p.m. to 11 p.m. on July 3, 2007.

(3)*Deer Harbor Annual Fireworks Display Safety Zone, Deer Harbor, WA:*

(i)*Location.* All waters of Deer Harbor, from surface to bottom, extending out to a 500 foot radius from the launch site at 48°37′10″ N, 123°00′15″ W.

(ii)*Effective time and date.* 10 p.m. to 11 p.m. on July 3, 2007.

(4)*Poulsbo 3rd of July Fireworks Display Safety Zone, Poulsbo, WA:*

(i)*Location.* All waters of Liberty Bay, from surface to bottom, extending out to a 400 foot radius from the launch site at 47°44′00″ N, 122°39′15″ W.

(ii)*Effective time and date.* 10 p.m. to 11 p.m. on July 3, 2007.

(5)*Olele Point Patriotic Celebration Fireworks Safety Zone, Port Ludlow, WA:*

(i)*Location.* All waters of Liberty Bay, from surface to bottom, extending out to a 400 foot radius from the launch site at 47°58′30″ N, 122°41′30″ W.

(ii)*Effective time and date.* 9 p.m. to 10:30 p.m. on July 4, 2007.

(6)*Kingston Fireworks Display Safety Zone, Kingston, WA:*

(i)*Location.* All waters of Appletree Cove, from surface to bottom, extending out to a 400 foot radius from the launch site at 47°47′25″ N, 122°29′55″ W.