Rules and Regulations. Final rule
24,698 words·~112 min read·
/register/2007/07/06/07-3315A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3410-01-M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26494 Directorate Identifier 2006-CE-079-AD; Amendment 39-15119; AD 2007-13-15] RIN 2120-AA64 Airworthiness Directives; Alpha Aviation Design Limited (Type Certificate No. A48EU Previously Held by APEX Aircraft and AVIONS PIERRE ROBIN) Model R2160 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: To prevent unchecked corrosion developing on the wing spars due to access for inspections being difficult under normal maintenance practices, which could lead to an unsafe condition and possibly a catastrophic failure of the wing * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective August 10, 2007. On August 10, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4146; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion We issued a supplemental notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on April 23, 2007 (72 FR 20070). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: To prevent unchecked corrosion developing on the wing spars due to access for inspections being difficult under normal maintenance practices, which could lead to an unsafe condition and possibly a catastrophic failure of the wing * * * Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 10 products of U.S. registry. We also estimate that it will take about 28 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $22,400 or $2,240 per product. We have no way of determining the number of products that may need any necessary follow-on actions. Since the corrosion damage would vary from airplane to airplane, we are not able to estimate the costs of each follow-on action. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) 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: **2007-13-15 Alpha Aviation Design Limited (Type Certificate No. A48EU previously held by APEX Aircraft and AVIONS PIERRE ROBIN):** Amendment 39-15119; Docket No. FAA-2006-26494; Directorate Identifier 2006-CE-079-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective August 10, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Model R2160 airplanes, serial numbers 001 through 378, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 57: Wings. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: To prevent unchecked corrosion developing on the wing spars due to access for inspections being difficult under normal maintenance practices, which could lead to an unsafe condition and possibly a catastrophic failure of the wing * * * The MCAI requires inspecting the visible parts of the spar web and the upper and lower boom angles (top and bottom spar caps) for corrosion and correcting as necessary. Actions and Compliance
(f)Unless already done, do the following actions (Accomplishment of European Aviation Safety Agency
(EASA)AD 2005-0028 satisfies the requirement of this AD):
(1)Initially within 60 months after aircraft date of manufacture or within 6 months after August 10, 2007 (the effective date of this AD), whichever occurs later, and thereafter at intervals not to exceed 24 months, remove the main landing gear legs and all the wing inspection panels following the instructions in the aircraft maintenance manual and inspect the visible parts of the spar web and the upper and lower boom angles (top and bottom spar caps), following Avions Pierre Robin Service Letter No. 19, dated October 1980; and Avions Pierre Robin Service Bulletin No. 99, dated June 24, 1983. If the spars are replaced, then you must inspect within 60 months from the date of replacement and thereafter every 24 months.
(i)If, during any inspection required by paragraph (f)(1) of this AD, any sign of corrosion is found on the rear face of the spar web or the upper and lower boom angles, then inspect the front face of the spar for corrosion following Avions Pierre Robin Service Letter No. 19, dated October 1980; and Avions Pierre Robin Service Bulletin No. 99, dated June 24, 1983. It may be necessary to cut inspection holes or remove the wings to inspect the front face of the spar. Inspection holes must be prepared to a manufacturer-approved repair scheme.
(ii)If corrosion is found during any inspection required by this AD that does not exceed the limits specified in Avions Pierre Robin Service Letter No. 19, dated October 1980, treat the corrosion following Avions Pierre Robin Service Letter No. 19, dated October 1980; and Avions Pierre Robin Service Bulletin No. 99, dated June 24, 1983.
(2)If corrosion is found during any inspection required by this AD that exceeds the limits specified in Avions Pierre Robin Service Letter No. 19, dated October 1980, before further flight from when the corrosion is found that exceeds the limits:
(i)Obtain an FAA-approved repair scheme from the manufacturer; and
(ii)incorporate this repair scheme. 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, Standards Staff, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4146; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(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 (44 U.S.C. 3501 et seq.), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI Civil Aviation Authority of New Zealand AD DCA/R2000/37A, dated December 21, 2006; Avions Pierre Robin Service Letter No. 19, dated October 1980; and Avions Pierre Robin Service Bulletin No. 99, dated June 24, 1983, for related information. Material Incorporated by Reference
(i)You must use Avions Pierre Robin Service Letter No. 19, dated October 1980; and Avions Pierre Robin Service Bulletin No. 99, dated June 24, 1983, 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 Alpha Aviation Ltd, Ingram Road, Hamilton Airport RD 2, Hamilton 2021, New Zealand; telephone: 011 64 7 843 7070; fax: 011 64 7 843 8040; Internet: *http://www.alphaaviation.co.nz.*
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri, on June 21, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-12506 Filed 7-5-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27610 Directorate Identifier 2007-CE-023-AD; Amendment 39-15120; AD 2007-13-16] RIN 2120-AA64 Airworthiness Directives; Diamond Aircraft Industries GmbH Model DA 42 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: It has been determined that the surface roughness of the wing stub safety walks Series 300, gray color (equals sandpaper grid 40), installed during production on some aeroplane S/Ns, adversely affects the aircraft single engine climb performance. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective August 10, 2007. On August 10, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4145; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on April 24, 2007 (72 FR 20296). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: It has been determined that the surface roughness of the wing stub safety walks Series 300, gray color (equals sandpaper grid 40), installed during production on some aeroplane S/Ns, adversely affects the aircraft single engine climb performance. AFM published twin engine climb performance is not affected by this AD. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 70 products of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $285 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 $25,550 or $365 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) 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: **2007-13-16 Diamond Aircraft Industries GmbH:** Amendment 39-15120; Docket No. FAA-2007-27610; Directorate Identifier 2007-CE-023-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective August 10, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Model DA 42 airplanes, serial numbers (S/N) 42.004 and up, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 57: Wings. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: It has been determined that the surface roughness of the wing stub safety walks Series 300, gray color (equals sandpaper grid 40), installed during production on some aeroplane S/Ns, adversely affects the aircraft single engine climb performance. AFM published twin engine climb performance is not affected by this AD. Actions and Compliance
(f)Unless already done, do the following actions:
(1)*For S/N 42.004 through 42.035, and 42.037:* Within 60 days after August 10, 2007 (the effective date of this AD), do the following actions following Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-006/1, dated September 20, 2005:
(i)Exchange the wing stub safety walks following paragraph 1.8, Action 2 a) to b) of Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-006/1, dated September 20, 2005.
(ii)Insert Diamond Aircraft Airplane Flight Manual Temporary Revision Performance Data DA 42 AFM TR-MÄM-42-111/a, dated September 20, 2005, Revision 3 to the Airplane Flight Manual (AFM), or any future revision that incorporates the same information into the Diamond Aircraft Industries GmbH Aircraft Airplane Flight Manual DA 42, Doc. 7.01.05-E.
(2)*For S/N 42.036, 42.038 through 42.064, 42.107, 42.109, 42.110, and 42.177:* Within 60 days after August 10, 2007 (the effective date of this AD), insert Diamond Aircraft Airplane Flight Manual Temporary Revision Performance Data DA 42 AFM TR-MÄM-42-111/a, dated September 20, 2005, Revision 3 to the AFM, or any future revision that incorporates the same information into the Diamond Aircraft Industries GmbH Aircraft Airplane Flight Manual DA 42, Doc. 7.01.05-E.
(3)*For S/N 42.004 and up:* Within 60 days after August 10, 2007 (the effective date of this AD), adhere to the following:
(i)No wing stub safety walks Series 300 (equals sandpaper grid 40), gray color, part number (P/N) D60-1127-10-51 (no revision letter attached) may be installed as a spare part on the Model DA 42 airplane. Only Diamond Aircraft Industries
(DAI)GmbH released safety walk P/Ns with a surface roughness equal to or finer than sandpaper grid 100 are approved for installation as spare parts.
(ii)Diamond Aircraft Airplane Flight Manual Temporary Revision Performance Data DA 42 AFM TR-MÄM-42-111/a, dated September 20, 2005, Revision 3 to the AFM, or any future revision that incorporates the same information, must remain part of Diamond Aircraft Industries GmbH Aircraft Airplane Flight Manual DA 42, Doc. 7.01.05-E. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows:
(1)The MCAI and service bulletin require the insertion of Diamond Aircraft Airplane Flight Manual Temporary Revision Performance Data DA 42 AFM TR-MÄM-42-111/a, dated September 20, 2005, Revision 3 to the Airplane Flight Manual, or any future revision that incorporates the same information into the Diamond Aircraft Industries GmbH Aircraft Airplane Flight Manual DA 42, Doc. 7.01.05-E, immediately upon receipt. We consider immediately upon receipt as an urgent safety of flight compliance time, and we do not consider this unsafe condition to be an urgent safety of flight condition. Because we do not consider this unsafe condition to be an urgent safety of flight condition, we issued this action through the normal notice of proposed rulemaking
(NPRM)AD process followed by this final rule. The time of 60 days after August 10, 2007 (the effective date of this AD) is an adequate compliance for this AD action and met the FAA requirements of an NPRM followed by a final rule.
(2)Paragraphs A)i) and B)i) of the MCAI, state to assure that AFM TR-MAM-42-103, distributed with DAI MSB42-005, is inserted into AFM Doc. 7.01.05-E, rev. 2 or earlier revision. This AFM requirement was for an MCAI on which the United States did not take AD action. The action is no longer necessary when the actions in this AD are done. Therefore, the action is not being mandated in the U.S. AD action.
(3)The MCAI references revision 2 of the AFM. The FAA AD references revision 3. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Staff, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Sarjapur Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4145; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(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 (44 U.S.C. 3501 *et.seq.* ), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI Austrian Civil Aviation Administration Austro Control GmbH AD No. A-2005-003, dated October 21, 2005; Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-006/1, dated September 20, 2005; and Diamond Aircraft Temporary Revision Performance Data DA 42 AFM TR-MÄM-42-111/a, dated September 20, 2005, for related information. Material Incorporated by Reference
(i)You must use Diamond Aircraft Industries GmbH Mandatory Service Bulletin No. MSB-42-006/1, dated September 20, 2005; and Diamond Aircraft Temporary Revision Performance Data DA 42 AFM TR-MÄM-42-111/a, dated September 20, 2005, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Diamond Aircraft Industries Inc., 1560 Crumlin Sideroad, London, Ontario, Canada N5V 1S2; telephone:
(519)457-4051; fax:
(800)934-3519.
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri, on June 21, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-12500 Filed 7-5-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27212; Directorate Identifier 2007-CE-011-AD; Amendment 39-15121; AD 2007-13-17] RIN 2120-AA64 Airworthiness Directives; Air Tractor, Inc. Models AT-602, AT-802, and AT-802A Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)that supersedes AD 2006-22-08, which applies to all Air Tractor, Inc. (Air Tractor) Models AT-602, AT-802, and AT-802A airplanes. AD 2006-22-08 currently requires you to repetitively inspect the engine mount for any cracks, repair or replace any cracked engine mount, and report any cracks found to the FAA. Since we issued AD 2006-22-08, the FAA has received reports of two Model AT-802A airplanes with cracked engine mounts below the initial compliance time in AD 2006-22-08. The FAA has determined that an initial inspection is required when the airplane reaches a total of 1,300 hours time-in-service
(TIS)instead of 4,000 hours TIS required by AD 2006-22-08. Consequently, this AD retains the actions of AD 2006-22-08 while requiring the initial inspection when the airplane reaches a total of 1,300 hours TIS. We are issuing this AD to detect and correct cracks in the engine mount, which could result in failure of the engine mount. Such failure could lead to separation of the engine from the airplane. DATES: This AD becomes effective on August 10, 2007. On August 10, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: To get the service information identified in this AD, contact Air Tractor, Inc., P.O. Box 485, Olney, Texas 76374; telephone:
(940)564-5616; facsimile:
(940)564-5612. To view the AD docket, go to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at *http://dms.dot.gov* . The docket number is FAA-2007-27212; Directorate Identifier 2007-CE-011-AD. FOR FURTHER INFORMATION CONTACT: Andrew McAnaul, Aerospace Engineer, ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; telephone:
(210)308-3365; facsimile:
(210)308-3370. SUPPLEMENTARY INFORMATION: Discussion On March 8, 2007, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Air Tractor Models AT-602, AT-802, and AT-802A airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking
(NPRM)on March 15, 2007 (72 FR 12131). The NPRM proposed to retain the actions of AD 2006-22-08 while requiring the initial inspection at 1,300 hours TIS. Comments We provided the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal and FAA's response to each comment: Comment Issue No. 1: Installation of a Welded Gusset Is Terminating Action for the Proposed Inspections Leland Snow, President of Air Tractor, Inc., believes that Snow Engineering Co. Report Number 1727, Revision A, dated April 12, 2007 (referred to after this as Report 1727), justifies terminating action for the proposed inspections. Mr. Snow states that installation of a welded gusset following Snow Engineering Co. Service Letter #253, dated December 12, 2005, revised January 22, 2007, would eliminate the need for such inspections. Based on the information presented in Report 1727, the FAA finds that the installation of the welded gusset does not fully address the unsafe condition and cannot be considered as a terminating action for the repetitive inspection. We are making no changes to the final rule AD action based on this comment. Comment Issue No. 2: FAA Has Overstated the Consequences of Cracks in the Engine Mount Mr. Snow also states that the FAA overstates the events that would occur should cracks found in service result in the engine mount tube separating from the engine mount ring. He also states that the engine mount ring would remain attached to the remaining tube connections and prevent the engine from separating from the airplane. The commenter did not provide any analysis or data to show that this situation would not occur. Based on the FAA's evaluation of the unsafe condition, we believe there is potential for the engine mount tube to separate from the engine mount ring. Without the data to show that the engine mount ring would remain attached to the remaining tube connections, the FAA cannot change the potential end result condition of the engine separating from the airplane. We are not changing the final rule AD action as a result of these comments. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 368 airplanes in the U.S. registry. We estimate the following costs to do each required inspection: Labor cost Parts cost Total cost per airplane per inspection Total cost on U.S. operators for initial inspection 1.5 work-hours × $80 per hour = $120 Not Applicable $120 $44,160 We have no way of determining the number of airplanes that may need replacement of the engine mount. We estimate the following costs to do the replacement: Labor cost Parts cost Total cost per airplane per replacement 81 work-hours × $80 per hour = $6,480 $3,982 $10,462 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this AD. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2007-27212; Directorate Identifier 2007-CE-011-AD” in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive
(AD)2006-22-08, Amendment 39-14805 (71 FR 62910, October 27, 2006), and adding the following new AD: **2007-13-17 Air Tractor, Inc.:** Amendment 39-15121; Docket No. FAA-2007-27212; Directorate Identifier 2007-CE-011-AD. Effective Date
(a)This AD becomes effective on August 10, 2007. Affected ADs
(b)This AD supersedes AD 2006-22-08, Amendment 39-14805. Applicability
(c)This AD affects all Models AT-602, AT-802, and AT-802A airplanes, all serial numbers, that are certificated in any category. Unsafe Condition
(d)This AD results from reports of two Model AT-802A airplanes with cracked engine mounts (at 2,815 hours time-in-service
(TIS)and 1,900 hours TIS) below the initial compliance time in AD 2006-22-08. The FAA has determined that an initial inspection when the airplane reaches a total of 1,300 hours TIS is required instead of 4,000 hours TIS as required by AD 2006-22-08. We are issuing this AD to detect and correct cracks in the engine mount, which could result in failure of the engine mount. Such failure could lead to separation of the engine from the airplane. Compliance
(e)To address this problem, you must do the following, unless already done: Actions Compliance Procedures
(1)Visually inspect the engine mount for any cracks. Initially inspect when the airplane reaches a total of 1,300 hours TIS or within the next 100 hours TIS after August 10, 2007 (the effective date of this AD), whichever occurs later, unless already done. Thereafter, inspect repetitively at intervals not to exceed 300 hours TIS. Follow Snow Engineering Co. Service Letter #253, dated December 12, 2005, revised January 22, 2007.
(2)If you find any crack damage, do the following:
(i)Obtain an FAA-approved repair scheme or replacement procedure from the manufacturer; and
(ii)Repair following the FAA-approved repair scheme or replace the engine mount with a new engine mount following the replacement procedure. Before further flight after any inspection required by paragraph (e)(1) of this AD where crack damage is found. If you repair the cracked engine mount, then continue to reinspect at intervals not to exceed 300 hours TIS, unless the repair scheme states differently. If you replace the engine mount, then initially inspect upon accumulating 1,300 hours TIS and repetitively at intervals not to exceed 300 hours TIS. For obtaining a repair scheme or replacement procedure: Contact Air Tractor Inc., P.O. Box 485, Olney, Texas 76374; *telephone:*
(940)564-5616; *facsimile:*
(940)564-5612.
(3)Report any cracks that you find to the FAA at the address specified in paragraph
(f)of this AD. Include in your report:
(i)Airplane serial number;
(ii)Airplane hours TIS and engine mount hours TIS;
(iii)Crack location(s) and size(s);
(iv)Corrective action taken; and
(v)Point of contact name and telephone number. Within the next 30 days after you find the cracks or within the next 30 days after August 10, 2007 (the effective date of this AD), whichever occurs later. The Office of Management and Budget
(OMB)approved the information collection requirements contained in this regulation under the provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 *et seq.* ) and assigned OMB Control Number 2120-0056. Alternative Methods of Compliance (AMOCs)
(f)The Manager, Fort Worth Airplane Certification Office, 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: Andrew McAnaul, Aerospace Engineer, ASW-150 (c/o MIDO-43), 10100 Reunion Place, Suite 650, San Antonio, Texas 78216; telephone:
(210)308-3365; facsimile:
(210)308-3370. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(g)AMOCs approved for AD 2006-22-08 are not approved for this AD. Related Information
(h)To get copies of the service information referenced in this AD, contact Air Tractor Inc., P.O. Box 485, Olney, Texas 76374; telephone:
(940)564-5616; facsimile:
(940)564-5612. To view the AD docket, go to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at *http://dms.dot.gov.* The docket number is Docket No. FAA-2007-27212; Directorate Identifier 2007-CE-011-AD. Material Incorporated by Reference
(i)You must use Snow Engineering Co. Service Letter #253, dated December 12, 2005, revised January 22, 2007, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Air Tractor Inc., P.O. Box 485, Olney, Texas 76374; telephone:
(940)564-5616; facsimile:
(940)564-5612.
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Issued in Kansas City, Missouri, on June 22, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-12627 Filed 7-5-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27432 Directorate Identifier 2007-CE-017-AD; Amendment 39-15122; AD 2007-13-18] RIN 2120-AA64 Airworthiness Directives; SOCATA—Groupe Aerospatiale Models TB9, TB10, and TB200 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: The aim of the Airworthiness Directive
(AD)is to introduce a new life limit for engine and Nose Landing Gear
(NLG)mounts installed on EADS SOCATA TB 9, TB 10 and TB 200 airplanes, as defined in the updated Airworthiness Limitations Section
(ALS)of the relevant Aircraft Maintenance Manuals (AMM). We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective August 10, 2007. On August 10, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Albert Mercado, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4119; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on April 24, 2007 (72 FR 20300). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that: The aim of this Airworthiness Directive
(AD)is to introduce a new life limit for engine and Nose Landing Gear
(NLG)mounts installed on EADS SOCATA TB 9, TB 10 and TB 200 airplanes, as defined in the updated Airworthiness Limitations Section
(ALS)of the relevant Aircraft Maintenance Manuals (AMM). This AD requires introduction of the new 10,000 Flight Hour life limit for engine and NLG mounts into the operator's maintenance program through the Revision 18 of the AMM. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 146 products of U.S. registry. We also estimate that it will take about 0.5 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $5,840 or $40 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) 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: **2007-13-18 SOCATA—Groupe Aerospatiale:** Amendment 39-15122; Docket No. FAA-2007-27432; Directorate Identifier 2007-CE-017-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective August 10, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Models TB 9, TB 10, and TB 200 airplanes, all serial numbers, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 5: Time Limits. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: The aim of this Airworthiness Directive
(AD)is to introduce a new life limit for engine and Nose Landing Gear
(NLG)mounts installed on EADS SOCATA TB 9, TB 10 and TB 200 airplanes, as defined in the updated Airworthiness Limitations Section
(ALS)of the relevant Aircraft Maintenance Manuals (AMM). This AD requires introduction of the new 10,000 Flight Hour life limit for engine and NLG mounts into the operator's maintenance program through the Revision 18 of the AMM. Actions and Compliance
(f)Unless already done, within the next 30 days after August 10, 2007 (the effective date of this AD), incorporate the life limits in the Airworthiness Limitations documents presented in paragraphs (f)(1), (f)(2), and (f)(3) of this AD into the FAA-approved maintenance program, as applicable. This may be done by updating the Airworthiness Limitations Section of the airplane maintenance manual
(AMM)and inserting the following applicable revision. The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may do this action. Make an entry in the aircraft records showing compliance with this portion of the AD following section 43.9 of the Federal Aviation Regulations (14 CFR 43.9).
(1)*For Model TB 9 airplanes:* Use SOCATA TB 9 Model Maintenance Manual, 04, Airworthiness Limitations, Revision 18, dated September 2006, or later revision that incorporates the same life limit for the engine mount and NLG mount as the above referenced Revision 18;
(2)*For Model TB 10 airplanes:* Use SOCATA TB 10 Model Maintenance Manual, 04, Airworthiness Limitations, Revision 18, dated September 2006, or later revision that incorporates the same life limit for the engine mount and NLG mount as the above referenced Revision 18; or
(3)*For Model TB 200 airplanes:* Use SOCATA TB 200 Model Maintenance Manual, 04, Airworthiness Limitations, Revision 18, dated September 2006, or later revision that incorporates the same life limit for the engine mount and NLG mount as the above referenced Revision 18. 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, Standards Staff, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Albert J. Mercado, Aerospace Safety Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4119; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(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 (44 U.S.C. 3501 et seq.), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI European Aviation Safety Agency
(EASA)AD No. 2007-0034, dated February 22, 2007; SOCATA TB 9 Model Maintenance Manual, 04, Airworthiness Limitations, Revision 18, dated September 2006; SOCATA TB 10 Model Maintenance Manual, 04, Airworthiness Limitations, Revision 18, dated September 2006; and SOCATA TB 200 Model Maintenance Manual, 04, Airworthiness Limitations, Revision 18, dated September 2006, for related information. Material Incorporated by Reference
(i)You must use SOCATA TB 9 Model Maintenance Manual, 04, Airworthiness Limitations, Revision 18, dated September 2006; SOCATA TB 10 Model Maintenance Manual, 04, Airworthiness Limitations, Revision 18, dated September 2006; and SOCATA TB 200 Model Maintenance Manual, 04, Airworthiness Limitations, Revision 18, dated September 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 EADS SOCATA, Direction des Services, 65921 Tarbes Cedex 9, France; telephone: 33 (0)5 62.41.73.00; fax: 33 (0)5 62.41.76.54; or SOCATA AIRCRAFT, INC., North Perry Airport, 7501 Airport Road, Pembroke Pines, Florida 33023; telephone:
(954)893-1400; fax
(954)964-4141.
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Kansas City, Missouri, on June 22, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-12625 Filed 7-5-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-27332; Airspace Docket No. 07-AWP-2] Establishment of Low Altitude Area Navigation Routes (T-Routes); Los Angeles, CA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes three low altitude Area Navigation
(RNAV)routes, designated T-245, T-247, and T-249 in the Los Angeles International Airport, CA, terminal area. T-routes are low altitude Air Traffic Service
(ATS)routes, based on RNAV, for use by aircraft having instrument flight rules
(IFR)approved Global Positioning System (GPS)/Global Navigation Satellite System
(GNSS)equipment. The FAA is taking this action to enhance safety and improve the efficient use of the navigable airspace in the Los Angeles International Airport, CA, terminal area. DATES: *Effective Dates:* 0901 UTC, August 30, 2007. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:
(202)267-8783. SUPPLEMENTARY INFORMATION: History On April 23, 2007, the FAA published in the **Federal Register** a notice of proposed rulemaking
(NPRM)to establish three low altitude T-routes in the Los Angeles terminal area (72 FR 20078). Interested parties were invited to participate in this rulemaking effort by submitting written comments on this proposal to the FAA. Two comments were received in response to the NPRM. Analysis of Comments Both commenters wrote in support of the proposal and added a recommendation that the routes begin at the POPPR waypoint instead of the Seal Beach VORTAC, since the T-routes are not dependent on ground-based navigational aids, and that the FAA continue working with users to identify and chart needed routes through busy terminal areas. The FAA agrees low altitude T-routes are not dependent on ground-based navigational aids. However, the FAA's decision to begin the routes at the Seal Beach VORTAC, overlapping V-25 & V-165, was made to eliminate the possibility of clearance read back errors when clearing aircraft on multiple routes. Lastly, the FAA remains committed to the goal of expanded use of RNAV in the National Airspace System. Work is in progress to identify additional locations where low altitude airways would enhance the efficient use of the navigable airspace. Low Altitude RNAV Route Identification and Charting Low altitude RNAV routes are identified by the letter “T” prefix followed by a three digit number. The “T” prefix is one of several International Civil Aviation Organization designators used to identify domestic RNAV routes. The FAA has been allocated the letter “T” prefix and the number block 200 to 500 for use in naming these routes. The FAA uses the “T” prefix for RNAV routes in the low altitude en route structure of the National Airspace System. T-routes are depicted in blue on the appropriate IFR en route low altitude chart(s). Each route depiction includes a GNSS minimum en route altitude to ensure obstacle clearance and communications reception. The Rule The FAA is amending Title 14 Code of Federal Regulations (14 CFR) part 71 to establish three low altitude RNAV routes in the Los Angeles International Airport, CA, terminal area. The routes are designated T-245, T-247, and T-249, and will be depicted on the appropriate IFR En Route Low Altitude charts. T-routes are low altitude RNAV ATS routes, similar to Very High Frequency Omnidirectional Range Federal airways, but based on GNSS navigation. RNAV-equipped aircraft capable of filing flight plan equipment suffix “G” may file for these routes. These T-routes are being established to enhance safety, and to facilitate the more flexible and efficient use of the navigable airspace for en route IFR operations transitioning through and around the Los Angeles Class B airspace area. Low altitude RNAV routes are published in paragraph 6011 of FAA Order 7400.9P, dated September 1, 2006 and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The low altitude RNAV routes listed in this document will be published subsequently in the Order. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under Department of Transportation
(DOT)Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, “Environmental Impacts: Policies and Procedures,” paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows: Paragraph 6011 Area Navigation Routes. **T-245 Seal Beach, CA
(SLI)to SILEX [New]** Seal Beach
(SLI)VORTAC (Lat. 33°47′00″ N., long. 118°03′17″ W.) POPPR Fix (Lat. 33°50′34″ N., long. 118°17′18″ W.) Santa Monica
(SMO)VOR/DME (Lat. 34°00′37″ N., long. 118°27′24″ W.) SILEX Fix (Lat. 34°12′04″ N., long. 118°36′39″ W.) * * * * * * * **T-247 Seal Beach, CA
(SLI)to CANOG [New]** Seal Beach
(SLI)VORTAC (Lat. 33°47′00″ N., long. 118°03′17″ W.) POPPR Fix (Lat. 33°50′34″ N., long. 118°17′18″ W.) Santa Monica
(SMO)VOR/DME (Lat. 34°00′37″ N., long. 118°27′24″ W.) CANOG Fix (Lat. 34°13′24″ N., long. 118°35′39″ W.) * * * * * * * **T-249 Van Nuys, CA
(VNY)to Seal Beach, CA [New]** Van Nuys
(VNY)VOR/DME (Lat. 34°13′24″ N., long. 118°29′30″ W.) Santa Monica
(SMO)VOR/DME (Lat. 34°00′37″ N., long. 118°27′24″ W.) POPPR Fix (Lat. 33°50′34″ N., long. 118°17′18″ W.) Seal Beach
(SLI)VORTAC (Lat. 33°47′00″ N., long. 118°03′17″ W.) Issued in Washington, DC, June 28, 2007. Edith V. Parish, Manager, Airspace and Rules Group. [FR Doc. E7-13004 Filed 7-5-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1 and 301 [TD 9335] RIN 1545-BG19 Disclosure Requirements With Respect to Prohibited Tax Shelter Transactions AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Temporary regulations. SUMMARY: This document contains temporary regulations under section 6033(a)(2) of the Internal Revenue Code
(Code)that provide rules regarding the form, manner and timing of disclosure obligations with respect to prohibited tax shelter transactions to which tax-exempt entities are parties. These temporary regulations affect a broad array of tax-exempt entities, including charities, state and local government entities, Indian Tribal governments and employee benefit plans, as well as entity managers of these entities. This action is necessary to implement section 516 of the Tax Increase Prevention and Reconciliation Act of 2005. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the **Federal Register** . DATES: *Effective Date:* These regulations are effective on July 6, 2007. *Applicability Date:* For dates of applicability, see § 1.6033-5T(g). FOR FURTHER INFORMATION CONTACT: Galina Kolomietz,
(202)622-6070, or Michael Blumenfeld,
(202)622-1124 (not toll-free numbers). For questions specifically relating to qualified pension plans, individual retirement accounts, and similar tax-favored savings arrangements, contact Dana Barry,
(202)622-6060 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The Tax Increase Prevention and Reconciliation Act of 2005, Public Law 109-222 (120 Stat. 345) (TIPRA), enacted on May 17, 2006, defines certain transactions as prohibited tax shelter transactions and imposes excise taxes and disclosure requirements with respect to prohibited tax shelter transactions to which a tax-exempt entity is a party. TIPRA creates new section 4965 and amends sections 6033(a)(2) and 6011(g) of the Code. The amended section 6033(a)(2) requires every tax-exempt entity to which section 4965 applies that is a party to a prohibited tax shelter transaction to disclose to the IRS (in such form and manner and at such time as determined by the Secretary) the following information:
(a)That such entity is a party to the prohibited tax shelter transaction; and
(b)the identity of any other party to the transaction which is known to the tax-exempt entity. The amended section 6011(g) requires any taxable party to a prohibited tax shelter transaction to disclose by statement to any tax-exempt entity to which section 4965 applies that is a party to such transaction that such transaction is a prohibited tax shelter transaction. On July 11, 2006, the IRS released Notice 2006-65 (2006-31 IRB 102), which alerted taxpayers to the new provisions. On February 7, 2007, the IRS released Notice 2007-18 (2007-9 IRB 608), which provided interim guidance regarding the circumstances under which a tax-exempt entity will be treated as a party to a prohibited tax shelter transaction for purposes of sections 4965, 6033(a)(2) and 6011(g) and regarding the allocation to various periods of net income and proceeds attributable to a prohibited tax shelter transaction, including amounts received prior to the effective date of the section 4965 tax. See § 601.601(d)(2)(ii)( *b* ). These temporary regulations are being issued concurrently with proposed regulations under sections 4965, 6033(a)(2) and 6011(g) published elsewhere in the **Federal Register** . Explanation of Provisions These temporary regulations contain rules concerning disclosure requirements imposed by section 6033(a)(2) on tax-exempt entities that are parties to prohibited tax shelter transactions. Proposed regulations providing rules concerning disclosure requirements under section 6033(a)(2) are being issued concurrently with these temporary regulations. Effective Date These temporary regulations are applicable with respect to transactions entered into by a tax-exempt entity after May 17, 2006. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. For the applicability of the Regulatory Flexibility Act (5 U.S.C. chapter 6), refer to the Special Analyses section of the preamble to the cross-referencing notice of proposed rulemaking published in the Proposed Rules section in this issue of the **Federal Register** . Pursuant to section 7805(f) of the Code, these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business. Drafting Information The principal authors of these regulations are Galina Kolomietz and Dana Barry, Office of Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities). However, other personnel from the IRS and the Treasury Department participated in their development. List of Subjects 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR parts 1 and 301 are amended as follows: PART 1—INCOME TAXES **Paragraph 1** . The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 2.** Section 1.6033-5T is added to read as follows: § 1.6033-5T Disclosure by tax-exempt entities that are parties to certain reportable transactions (temporary).
(a)*In general.* Every tax-exempt entity (as defined in section 4965(c)) shall file with the IRS on Form 8886-T, “Disclosure by Tax-Exempt Entity Regarding Prohibited Tax Shelter Transaction” (or a successor form), in accordance with this section and the instructions to the form, a disclosure of—
(1)Such entity's being a party (as defined in paragraph
(b)of this section) to a prohibited tax shelter transaction (as defined in section 4965(e)); and
(2)The identity of any other party (whether taxable or tax-exempt) to such transaction that is known to the tax-exempt entity.
(b)*Definition of tax-exempt party to a prohibited tax shelter transaction* —(1) *In general.* For purposes of section 6033(a)(2), a tax-exempt entity is a party to a prohibited tax shelter transaction if the entity—
(i)Facilitates a prohibited tax shelter transaction by reason of its tax-exempt, tax indifferent or tax-favored status;
(ii)Enters into a listed transaction and the tax-exempt entity's tax return (whether an original or an amended return) reflects a reduction or elimination of its liability for applicable Federal employment, excise or unrelated business income taxes that is derived directly or indirectly from tax consequences or tax strategy described in the published guidance that lists the transaction; or
(iii)Is identified in published guidance, by type, class or role, as a party to a prohibited tax shelter transaction.
(2)Published guidance may identify which tax-exempt entities, by type, class or role, will not be treated as a party to a prohibited tax shelter transaction for purposes of section 6033(a)(2).
(c)*Frequency of disclosure.* A single disclosure is required for each prohibited tax shelter transaction.
(d)*By whom disclosure is made* —(1) *Tax-exempt entities referred to in section 4965(c)(1),
(2)or (3).* In the case of tax-exempt entities referred to in section 4965(c)(1),
(2)or (3), the disclosure required by this section must be made by the entity.
(2)*Tax-exempt entities referred to in section 4965(c)(4), (5),
(6)or (7).* In the case of tax-exempt entities referred to in section 4965(c)(4), (5),
(6)or (7), including a fully self-directed qualified plan, IRA, or other savings arrangement, the disclosure required by this section must be made by the entity manager (as defined in section 4965(d)(2)) of the entity.
(e)*Time and place for filing* —(1) *Tax-exempt entities described in paragraph (b)(1)(i) of this section* —(i) *In general.* The disclosure required by this section shall be filed on or before May 15 of the calendar year following the close of the calendar year during which the tax-exempt entered into the prohibited tax shelter transaction.
(ii)*Subsequently listed transactions.* In the case of subsequently listed transactions (as defined in section 4965(e)(2)), the disclosure required by this section shall be filed on or before May 15 of the calendar year following the close of the calendar year during which the transaction was identified by the Secretary as a listed transaction.
(2)*Tax-exempt entities described in paragraph (b)(1)(ii) of this section.* The disclosure required by this section shall be filed on or before the date on which the first tax return (whether an original or an amended return) is filed which reflects a reduction or elimination of the tax-exempt entity's liability for applicable Federal employment, excise or unrelated business income taxes that is derived directly or indirectly from tax consequences or tax strategy described in the published guidance that lists the transaction.
(3)*Transition rule.* If a tax-exempt entity entered into a prohibited tax shelter transaction after May 17, 2006 and before January 1, 2007, the disclosure required by this section shall be filed—
(i)In the case of tax-exempt entities described in paragraph (b)(1)(i) of this section, on or before November 5, 2007;
(ii)In the case of tax-exempt entities described in paragraph (b)(1)(ii) of this section, on or before the later of—
(A)November 5, 2007; or
(B)The date on which the first tax return (whether an original or an amended return) is filed which reflects a reduction or elimination of the tax-exempt entity's liability for applicable Federal employment, excise or unrelated business income taxes that is derived directly or indirectly from tax consequences or tax strategy described in the published guidance that lists the transaction.
(4)Disclosure is not required with respect to any prohibited tax shelter transaction entered into by a tax-exempt entity on or before May 17, 2006.
(f)*Penalty for failure to provide disclosure statement.* See section 6652(c)(3) for penalties applicable to failure to disclose a prohibited tax shelter transaction in accordance with this section.
(g)*Effective date* —(1) *Applicability date.* This section applies with respect to transactions entered into by a tax-exempt entity after May 17, 2006.
(2)*Expiration date.* This section will expire on July 6, 2010. PART 301—PROCEDURE AND ADMINISTRATION **Par. 3.** The authority citation for part 301 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 4.** Section 301.6033-5T is added to read as follows: § 301.6033-5T Disclosure by tax-exempt entities that are parties to certain reportable transactions (temporary).
(a)*In general.* For provisions relating to the requirement of the disclosure by a tax-exempt entity that it is a party to certain reportable transactions, see § 1.6033-5T of this chapter (Income Tax Regulations).
(b)*Effective date* —(1) *Applicability date.* This section applies with respect to transactions entered into by a tax-exempt entity after May 17, 2006.
(2)*Expiration date.* This section will expire on July 5, 2010. Kevin M. Brown, Deputy Commissioner for Services and Enforcement. Approved: June 21, 2007. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E7-12903 Filed 7-5-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 53 and 54 [TD 9334] RIN 1545-BG20 Requirement of Return and Time for Filing AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final and temporary regulations. SUMMARY: This document contains final and temporary regulations providing guidance relating to the requirement of a return to accompany payment of excise taxes under section 4965 of the Internal Revenue Code
(Code)and the time for filing that return. These regulations affect a broad array of tax-exempt entities, including charities, state and local government entities, Indian tribal governments and employee benefit plans, as well as entity managers of these entities. This action is necessary to implement section 516 of the Tax Increase Prevention and Reconciliation Act of 2005. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the **Federal Register** . DATES: *Effective date.* These regulations are effective on July 6, 2007. *Applicability date.* For dates of applicability, see §§ 53.6071-1T(g) and 54.6011-1T(c) of these regulations. FOR FURTHER INFORMATION CONTACT: Galina Kolomietz,
(202)622-6070, Michael Blumenfeld,
(202)622-1124, or Dana Barry,
(202)622-6060 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background The Tax Increase Prevention and Reconciliation Act of 2005, Public Law 109-222 (120 Stat. 345) (TIPRA), enacted on May 17, 2006, added section 4965 to the Code. Section 4965 affects a broad array of tax-exempt entities as defined in section 4965(c). Tax-exempt entities described in section 4965(c)(1), (2), or
(3)(referred to herein as “non-plan entities”) include entities described in section 501(c), religious or apostolic associations or corporations described in section 501(d), entities described in section 170(c), including states, possessions of the United States, the District of Columbia, political subdivisions of states and political subdivisions of possessions of the United States (but not including the United States), and Indian tribal governments within the meaning of section 7701(a)(40). Tax-exempt entities described in section 4965(c)(4), (c)(5), (c)(6), or (c)(7) (referred to herein as “plan entities”) include tax-favored retirement plans, individual retirement arrangements, and savings arrangements described in section 401(a), 403(a), 403(b), 529, 457(b), 408(a), 220(d), 408(b), 530 or 223(d). Section 4965 imposes two new excise taxes, one on the tax-exempt entity (the entity-level tax) and the other on certain of the tax-exempt entity's managers (the manager-level tax). The entity-level tax is imposed on non-plan entities that are parties to prohibited tax shelter transactions. The entity-level tax does not apply to plan entities. Prohibited tax shelter transactions are transactions that are identified by the IRS as “listed transactions” (within the meaning of section 6707A(c)(2)) and reportable transactions that are confidential transactions or transactions with contractual protection (as defined in section 6707A(c)(1) and § 1.6011-4(b) of this chapter). The entity-level tax applies to each taxable year during which the non-plan entity is a party to a prohibited tax shelter transaction and has net income or proceeds attributable to the transaction which are properly allocable to that taxable year. The amount of the entity-level tax depends on whether the non-plan entity knew or had reason to know that the transaction was a prohibited tax shelter transaction at the time the entity became a party to the transaction. If the non-plan entity did not know (and did not have reason to know) that the transaction was a prohibited tax shelter transaction at the time the entity became a party to the transaction, the tax is the highest rate of tax under section 11 (currently 35 percent) multiplied by the greater of:
(i)The entity's net income with respect to the prohibited tax shelter transaction (after taking into account any tax imposed by Subtitle D, other than by this section, with respect to such transaction) for the taxable year or
(ii)75 percent of the proceeds received by the entity for the taxable year that are attributable to such transaction. If the non-plan entity knew or had reason to know that the transaction was a prohibited tax shelter transaction at the time the entity became a party to the transaction, the tax is the greater of
(i)100 percent of the entity's net income with respect to the transaction (after taking into account any tax imposed by Subtitle D, other than by this section, with respect to such transaction) for the taxable year or
(ii)75 percent of the proceeds received by the entity for the taxable year that are attributable to such transaction. In the case of a transaction that becomes a prohibited tax shelter transaction by reason of becoming a listed transaction after the non-plan entity has become a party to such transaction (subsequently listed transactions), the amount of tax is based on the net income or proceeds attributable to such transaction that are properly allocable to the period beginning on the date the transaction became listed or the first day of the entity's taxable year, whichever is later. No entity-level tax applies to any income or proceeds that are properly allocable to a period ending on or before August 15, 2006. The manager-level tax is imposed on entity managers (as defined in section 4965(d)) of all tax-exempt entities described in section 4965(c) who approve the entity as a party (or otherwise cause the entity to be a party) to a prohibited tax shelter transaction and know or have reason to know that the transaction is a prohibited tax shelter transaction. In the case of non-plan entities, the term *entity manager* means the person with authority or responsibility similar to that exercised by an officer, director or trustee, and, with respect to any act, the person having authority or responsibility with respect to such act. In the case of plan entities, the term *entity manager* means the person who approves or otherwise causes the entity to be a party to the prohibited tax shelter transaction. An individual beneficiary (including a plan participant) or owner of the tax-favored retirement plans, individual retirement arrangements, and savings arrangements described in section 401(a), 403(a), 403(b), 529, 457(b), 408(a), 220(d), 408(b), 530 or 223(d), may be liable as an entity manager if the individual beneficiary or owner has broad investment authority under the arrangement. The amount of the manager-level tax is $20,000 for each approval or other act causing the entity to be a party to a prohibited tax shelter transaction. The manager-level tax applies separately to each entity manager. These final and temporary regulations are being issued concurrently with proposed regulations under sections 4965, 6033(a)(2) and 6011(g) published elsewhere in the **Federal Register** . Explanation of Provisions The regulations provide that non-plan entities (including exempt organizations and governments) that are liable for section 4965 excise taxes and entity managers of non-plan entities who are liable for section 4965 excise taxes as entity managers are required to file a return on Form 4720, “Return of Certain Excise Taxes Under Chapters 41 and 42 of the Internal Revenue Code.” The entity return is due on or before the date the non-plan entity's annual return under section 6033(a)(1) (for example, Form 990, “Return of Organization Exempt From Income Tax”) is due, if the non-plan entity is required to file such a return. In all other cases, the entity return is due on or before the 15th day of the fifth month after the end of the non-plan entity's accounting period for which the liability under section 4965 was incurred. In the case of a non-plan entity manager, the entity manager return is due on or before the 15th day of the fifth month following the close of the manager's taxable year during which the entity entered into a prohibited tax shelter transaction. The regulations also provide that entity managers of plan entities who are liable for section 4965 taxes as entity managers are required to file a return on Form 5330, “Return of Excise Taxes Related to Employee Benefit Plans.” For section 4965 taxes, the Form 5330 is due on or before the 15th day of the fifth month following the close of the manager's taxable year during which the entity entered into a prohibited tax shelter transaction. The regulations provide a transition rule that returns of section 4965 taxes that are or were due on or before October 4, 2007 will be deemed timely if the return is filed and the tax is paid before that date. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. For the applicability of the Regulatory Flexibility Act (5 U.S.C. chapter 6), refer to the Special Analyses section of the preamble to the cross-referencing notice of proposed rulemaking published in the Proposed Rules section in this issue of the **Federal Register** . Pursuant to section 7805(f) of the Code, these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on business. Drafting Information The principal authors of these regulations are Galina Kolomietz and Dana Barry, Office of Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities). However, other personnel from the IRS and the Treasury Department participated in their development. List of Subjects 26 CFR Part 53 Excise taxes, Foundations, Investments, Lobbying, Reporting and recordkeeping requirements. 26 CFR Part 54 Excise Taxes, Pensions, Reporting and recordkeeping requirements. Amendments to the Regulations Accordingly, 26 CFR parts 53 and 54 are amended as follows: PART 53—FOUNDATION AND SIMILAR EXCISE TAXES **Paragraph 1** . The authority citation for part 53 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * § 53.6011-1 [Amended] **Par. 2** . In § 53.6011-1, paragraph
(b)is amended by: 1. Removing from the first sentence, the language “or 4958(a),” and adding “4958(a), or 4965(a),” in its place. 2. Removing from the last sentence, the language “or 4958(a),” and adding “4958(a), or 4965(a),” in its place. **Par. 3** . Section 53.6071-1 is amended by adding and reserving paragraph
(g)and adding paragraph
(h)to read as follows: § 53.6071-1 Time for filing returns.
(g)[Reserved]. For further guidance, see § 53.6071-1T(g).
(h)*Effective/applicability date.* For the applicability date of paragraph
(g)of this section, see § 53.6071-1T(h). **Par. 4** . Section 53.6071-1T is added to read as follows: § 53.6071-1T Time for filing returns (temporary).
(a)through
(f)[Reserved]. For further guidance, see § 53.6071-1(a) through (f).
(g)*Taxes imposed with respect to prohibited tax shelter transactions to which tax-exempt entities are parties* —(1) *Returns by certain tax-exempt entities.* A Form 4720, “Return of Certain Excise Taxes Under Chapters 41 and 42 of the Internal Revenue Code,” required by § 53.6011-1(b) for a tax-exempt entity described in section 4965(c)(1), (c)(2) or (c)(3) that is a party to a prohibited tax shelter transaction and is liable for tax imposed by section 4965(a)(1) shall be filed on or before the due date (not including extensions) for filing the tax-exempt entity's annual information return under section 6033(a)(1). If the tax-exempt entity is not required to file an annual information return under section 6033(a)(1), the Form 4720 shall be filed on or before the 15th day of the fifth month after the end of the tax-exempt entity's taxable year or, if the entity has not established a taxable year for Federal income tax purposes, the entity's annual accounting period.
(2)*Returns by entity managers of tax-exempt entities described in section 4965(c)(1), (c)(2) or (c)(3).* A Form 4720, required by § 53.6011-1(b) for an entity manager of a tax-exempt entity described in section 4965(c)(1), (c)(2) or (c)(3) who is liable for tax imposed by section 4965(a)(2) shall be filed on or before the 15th day of the fifth month following the close of the entity manager's taxable year during which the entity entered into the prohibited tax shelter transaction.
(3)*Transition rule.* A Form 4720, for a section 4965 tax that is or was due on or before October 4, 2007 will be deemed to have been filed on the due date if it is filed by October 4, 2007 and if all section 4965 taxes required to be reported on that Form 4720 are paid by October 4, 2007.
(h)*Effective/applicability date* —(1) *In general.* Paragraph
(g)of this section is applicable on July 6, 2007.
(2)*Expiration date.* Paragraph
(g)of this section will cease to apply on July 6, 2010. PART 54—PENSION EXCISE TAXES **Par. 5** . The authority citation for part 54 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * **Par. 6** . Section 54.6011-1 is amended by adding and reserving paragraph
(c)and adding paragraph
(d)to read as follows: § 54.6011-1 General requirement of return, statement, or list.
(c)[Reserved]. For further guidance, see § 54.6011-1T(c).
(d)*Effective/applicability date.* For the applicability date of paragraph
(c)of this section, see § 54.6011-1T(d). **Par. 7** . Section 54.6011-1T is amended as follows: 1. The undesignated text is designated as paragraph
(a)and a paragraph heading is added. 2. Paragraph
(b)is added and reserved. 3. Paragraphs
(c)and
(d)are added. § 54.6011-1T General requirement of return, statement or list (temporary).
(a)*Tax on reversions of qualified plan assets to employer.* * * *
(b)[Reserved].
(c)*Entity manager tax on prohibited tax shelter transactions* —(1) *In general.* Any entity manager of a tax-exempt entity described in section 4965(c)(4), (c)(5), (c)(6), or (c)(7) who is liable for tax under section 4965(a)(2) shall file a return on Form 5330, “Return of Excise Taxes Related to Employee Benefit Plans,” on or before the 15th day of the fifth month following the close of such entity manager's taxable year during which the entity entered into the prohibited tax shelter transaction, and shall include therein the information required by such form and the instructions issued with respect thereto.
(2)*Transition rule.* A Form 5330, “Return of Excise Taxes Related to Employee Benefit Plans,” for an excise tax under section 4965 that is or was due on or before October 4, 2007 will be deemed to have been filed on the due date if it is filed by October 4, 2007 and if the section 4965 tax that was required to be reported on that Form 5330 is paid by October 4, 2007.
(d)*Effective/applicability date* —(1) *In general.* Paragraph
(c)of this section is applicable on July 6, 2007.
(2)*Expiration date.* Paragraph
(c)of this section will expire on July 5, 2010. Kevin M. Brown, Deputy Commissioner for Services and Enforcement. Approved: June 21, 2007. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E7-12901 Filed 7-5-07; 8:45 am] BILLING CODE 4830-01-P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1625 RIN 3046-AA78 Coverage Under the Age Discrimination in Employment Act AGENCY: Equal Employment Opportunity Commission. ACTION: Final rule. SUMMARY: The Equal Employment Opportunity Commission (“EEOC” or “Commission”) is publishing this final rule to amend its Age Discrimination in Employment Act (the “Act” or “ADEA”) regulations to conform them to the Supreme Court's holding in *General Dynamics Land System, Inc.* v. *Cline,* 540 U.S. 581 (2004), that the ADEA only prohibits discrimination based on relatively older age, not discrimination based on age generally. Thus, the final rule deletes language in EEOC's ADEA regulations that prohibited discrimination against relatively younger individuals. The new rule explains that the ADEA only prohibits employment discrimination based on old age and, therefore, does not prohibit employers from favoring relatively older individuals. DATES: Effective date July 6, 2007. FOR FURTHER INFORMATION CONTACT: Raymond Peeler, Senior Attorney Advisor, Office of Legal Counsel, at
(202)663-4537 (voice) or
(202)663-7026
(TTY)(These are not toll free numbers). This final rule also is available in the following formats: large print, braille, audio tape and electronic file on computer disk. Requests for this final rule in an alternative format should be made to the Publications Information Center at 1-800-669-3362. SUPPLEMENTARY INFORMATION: On August 11, 2006, the EEOC published a Notice of Proposed Rulemaking (“NPRM”) in the **Federal Register** to amend regulations that prohibited any age-based discrimination against individuals forty years old or older, regardless of whether the age-bias favored older or younger individuals. 1 Relying on the Supreme Court's decision in *General Dynamics Land System, Inc.* v. *Cline,* 540 U.S. 581 (2004), 2 the NPRM explained that the ADEA protects only relatively older individuals. 1 EEOC Notice of Proposed Rulemaking, 71 FR 46177, Aug. 11, 2006. 2 In *Cline,* a group of employees between the ages of forty and forty-nine sued their employer for age discrimination when it eliminated its future obligation to pay retiree health benefits for any employee then under fifty years old. The Supreme Court rejected their claim, finding that the ADEA's prohibition against discrimination “because of age” only prevents discrimination that favors younger workers, not actions that place older workers in a more favorable position. The Court's rationale is described in detail in the NPRM. *See* 71 FR at 46178. Overview of Public Comments The Commission received nine public comments during the public comment period, which ended on October 10, 2006. Six commenters strongly supported the proposed rule: AARP, National Employment Lawyers Association (NELA), Equal Employment Advisory Counsel (EEAC), U.S. Chamber of Commerce, TOC Management Services, and the National Federation of Independent Business (NFIB). Two federal employee unions opposed the rule. The Conference Board, a “business research and membership non-profit organization” whose comment is a compilation of questions from its members, sought some clarifications that are discussed below. Scope of the Regulation One of the opposing commenters argued that the Supreme Court's ruling in *Cline* was already reflected in Section 1625.2(b) of the Commission's current regulations, which allows favorable treatment of older workers with respect to benefits. We believe that the Supreme Court addressed this comment through its detailed analysis concerning the purpose of the ADEA as protecting older workers and its characterization of the current regulations' prohibition of “reverse” age discrimination as “clearly wrong.” 3 Thus, the Commission concludes that it cannot conform its regulations to the Court's decision in *Cline* without amendment. 3 *Cline* , 540 U.S. at 600. A Conference Board member's comment that “the change in language creates a slippery slope around creating new protections,” suggests a belief that the rule creates a new enforceable right for older individuals. The rule creates no such right. It simply provides that an employer does not violate the ADEA if it makes an age-based decision that favors older individuals. 4 The Commission has added language to section 1625.2 to clarify this point. 4 In *Cline,* the employer eliminated retiree health benefits, but grandfathered employees who were age 50 or older. The opposing comments and some comments from the Conference Board construe the NPRM to inappropriately encourage favoritism of older individuals. For example, the American Federation of Government Employees
(AFGE)argued that the NPRM inappropriately deters the employment of younger individuals in the protected age group, and a Conference Board member expressed concern that certain positions will become “for matures only.” However, as the *Cline* Court noted: The [legislative and administrative] record is devoid of any evidence that younger workers were suffering at the expense of their elders * * * Common experience is to the contrary * * * If Congress had been worrying about protecting the younger against the older, it would not likely have ignored everyone under 40. The youthful deficiencies of inexperience and unsteadiness invite stereotypical and discriminatory thinking about those a lot younger than 40, and prejudice suffered by a 40-year-old is not typically owing to youth, as 40-year-olds sadly tend to find out. The enemy of 40 is 30, not 50. 5 5 *Cline,* 540 U.S. at 591. AFGE also asked EEOC to restrict the regulation's scope by explaining that it does not affect state laws prohibiting age discrimination against relatively younger persons. The same concern was reflected in a question from the Conference Board. The Commission agrees with this suggestion; the rule only interprets the ADEA, not state or local law. The ADEA permits states to provide protections in addition to those provided by federal law. 6 Thus, the Commission has revised the final rule to clarify that it only interprets the ADEA, not state or local law. 6 “Nothing in this [statute] shall affect the jurisdiction of any agency of any state performing like functions with regard to discriminatory employment practices on account of age except that upon commencement of action under [the ADEA] such action shall supersede any state action.” 29 U.S.C. 633(a). Concerns With Specific Provisions Some members of the Conference Board asked for additional guidance in Section 1625.4 regarding how employers may structure advertisements without violating the ADEA. AFGE also criticized this Section, suggesting that we only provide examples such as “experience a plus.” But AARP, whose comment also was adopted by NELA, praised the NPRM's “straightforward description of what is acceptable in posting employment advertisements.” The NFIB and EEAC also supported the advertisement language, believing it would aid their members' recruitment efforts. Inasmuch as the advertising provisions are expressly supported by many commenters and already include several examples that EEOC believes reflect the Court's interpretation of the ADEA, the EEOC concludes that further guidance in the text of the regulation is unnecessary. Further, providing a definitive list of legally acceptable advertising language could hamper employers' unique efforts to fill their workforce needs. AFGE also commented that the revised § 1625.5 improperly encourages employers to collect an applicant's age or date of birth. The Commission does not agree that this Section encourages employers to collect such information. To the contrary, it warns employers that the EEOC will closely scrutinize the collection of age-identifying information to ensure that it is collected and used only for lawful purposes. AARP and NELA (adopting AARP's comment), both worker rights groups, explicitly approved of how this provision “emphasizes the role of the EEOC in monitoring employment applications.” Revisions to the NPRM The final rule adopts the NPRM but adds a sentence to clarify that it neither creates an enforceable right for older workers nor affects state or local prohibitions against age-based favoritism. Regulatory Planning and Review This final rule is considered to be a “significant regulatory action” pursuant to section 3(f)(4) of Executive Order 12866, 58 FR 51735 (Sept. 30, 1993), in that it arises out of the Commission's legal mandate to enforce the ADEA. Therefore, it was circulated to the Office of Management and Budget for review. Nonetheless, the Commission has determined that this rule will not have an annual effect on the economy of $100 million or more, and will not adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety. To the contrary, this final rule increases the flexibility of employers to take previously forbidden age-based actions that favor older workers. Although the final rule applies to all employers with at least 20 employees, 7 it will not have a significant impact on small business entities under the Regulatory Flexibility Act, because it imposes no economic or reporting burdens. For reasons already identified, the Commission also finds that this final rule requires no additional scrutiny under either the Paperwork Reduction Act, 44 U.S.C. 3501, *et seq.* , concerning the collection of information, or the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501, *et seq.* , concerning the burden imposed on state, local, or tribal governments. 7 *See* 29 U.S.C. 630(b). According to Census Bureau Information, approximately 1,976,216 establishments employed 20 or more employees in 2000, *see* Census Bureau, U.S. Department of Commerce, Statistics of U.S. Businesses (2000). List of Subjects for 29 CFR Part 1625 Advertising, Aged, Employee benefit plans, Equal employment opportunity, Retirement. Dated: June 29, 2007. For the Commission. Naomi C. Earp, Chair. For the reasons discussed in the preamble, the Equal Employment Opportunity Commission amends 29 CFR chapter XIV part 1625 as follows: PART 1625—AGE DISCRIMINATION IN EMPLOYMENT ACT 1. Revise the authority citation for part 1625 to read as follows: Authority: 29 U.S.C. 621-634; 5 U.S.C. 301; sec. 2, Reorg. Plan No. 1 of 1978, 43 FR 19807; E.O. 12067, 43 FR 28967. Subpart A—Interpretations 2. Revise § 1625.2 to read as follows: § 1625.2 Discrimination prohibited by the Act. It is unlawful for an employer to discriminate against an individual in any aspect of employment because that individual is 40 years old or older, unless one of the statutory exceptions applies. Favoring an older individual over a younger individual because of age is not unlawful discrimination under the ADEA, even if the younger individual is at least 40 years old. However, the ADEA does not require employers to prefer older individuals and does not affect applicable state, municipal, or local laws that prohibit such preferences. 3. Revise § 1625.4 to read as follows: § 1625.4 Help wanted notices or advertisements.
(a)Help wanted notices or advertisements may not contain terms and phrases that limit or deter the employment of older individuals. Notices or advertisements that contain terms such as *age 25 to 35, young, college student, recent college graduate, boy, girl,* or others of a similar nature violate the Act unless one of the statutory exceptions applies. Employers may post help wanted notices or advertisements expressing a preference for older individuals with terms such as *over age 60, retirees,* or *supplement your pension.*
(b)Help wanted notices or advertisements that ask applicants to disclose or state their age do not, in themselves, violate the Act. But because asking applicants to state their age may tend to deter older individuals from applying, or otherwise indicate discrimination against older individuals, employment notices or advertisements that include such requests will be closely scrutinized to assure that the requests were made for a lawful purpose. 4. Revise the first paragraph of § 1625.5 to read as follows: § 1625.5 Employment applications. A request on the part of an employer for information such as *Date of Birth* or *age* on an employment application form is not, in itself, a violation of the Act. But because the request that an applicant state his age may tend to deter older applicants or otherwise indicate discrimination against older individuals, employment application forms that request such information will be closely scrutinized to assure that the request is for a permissible purpose and not for purposes proscribed by the Act. That the purpose is not one proscribed by the statute should be made known to the applicant by a reference on the application form to the statutory prohibition in language to the following effect: [FR Doc. E7-13051 Filed 7-5-07; 8:45 am] BILLING CODE 6570-01-P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 197 [DoD-2006-OS-0023] RIN 0790-AI12 Historical Research in the Files of the Office of the Secretary of Defense
(OSD)AGENCY: Department of Defense. ACTION: Final rule. SUMMARY: This final rule identifies and updates the policies and procedures for the programs that permit U.S. citizens to perform historical research in records created by or in the custody of the Office of the Secretary of Defense (OSD). Historical Research in the Files of OSD updates the policies and procedures for the programs that permit U.S. citizens to perform historical research in records created by or in the custody of the OSD. DATES: *Effective Date:* This rule is effective August 6, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Robert Storer, 703-696-2197. SUPPLEMENTARY INFORMATION: Anyone accessing classified material must possess the requisite security clearance. Information requested by historical researchers shall be accessed at a DoD activity or facility under the control of the National Archives and Records Administration (NARA). Access to records by historical researchers shall be limited to the specific records within the scope of the proposed historical research over which the Department of Defense has classification authority. Access shall also be limited to any other records for which the written consent of other Agencies that have classification authority over information contained in or revealed by the records has been obtained. Access to unclassified OSD Component files by historical researchers shall be permitted consistent with the restrictions of the exemptions of the Freedom of Information Act. The procedures for access to classified information shall be used if the requested unclassified information is contained in OSD files whose overall markings are classified. On February 28, 2007 (72 FR 8952), the Department of Defense published a proposed rule, “Historical Research in the Files of the Office of the Secretary of Defense (OSD)” inviting public comments. No comments were received. Executive Order 13132, “Federalism” It has been certified that 32 CFR part 197 does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on:
(1)The States;
(2)The relationship between the National Government and the States; or
(3)The distribution of power and responsibilities among the various levels of Government. Executive Order 12630, “Government Actions and Interference With Constitutionally Protected Property Rights” It has been certified that 32 CFR part 197 does not:
(1)Place a restriction on a use of private property;
(2)Involve a permitting process or any other decision-making process that will interfere with, or otherwise prohibit, the use of private property; or
(3)Regulate private property use for the protection of public health or safety. Executive Order 12866, “Regulatory Planning and Review” It has been certified that 32 CFR part 197 does not:
(1)Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a section of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribunal governments or communities;
(2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency;
(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or
(4)Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order. Executive Order 13045, “Protection of Children From Environmental Health Risks and Safety Risks” It has been certified that 32 CFR part 197 does not present any environmental health or safety effects on children. Section 202, Public Law 104-4, “Unfunded Mandates Reform Act” It has been certified that 32 CFR part 197 does not contain a Federal mandate that may result in the expenditure by State, local and tribunal governments, in aggregate, or by the private sector, of $100 million or more in any one year. National Environmental Policy Act It has been certified that 32 CFR part 197 does not significantly affect the quality of the human environment. Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. 601) It has been certified that 32 CFR part 197 is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. Historical Research in the files of the Office of the Secretary of Defense
(OSD)updates policies and procedures for the programs that permit U.S. citizens to perform historical research in records created by or in the custody of the OSD. Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35) It has been certified that 32 CFR part 197 does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. List of Subjects in 32 CFR Part 197 Administrative practice and procedure. Accordingly, 32 CFR Chapter 1, subchapter M is amended by adding part 197 to read as follows: PART 197—HISTORICAL RESEARCH IN THE FILES OF THE OFFICE OF THE SECRETARY OF DEFENSE
(OSD)Sec. 197.1 Purpose. 197.2 Applicability and scope. 197.3 Definition. 197.4 Policy. 197.5 Responsibilities. 197.6 Procedures. Appendix A to Part 197—Explanation of Freedom of Information Act (5 U.S.C. 552) Exemptions Appendix B to Part 197—Procedures for Historical Researchers Permanently Assigned Within the Executive Branch Working on Official Projects Appendix C to Part 197—Procedures for the Department of State
(DOS)Foreign Relations of the United States
(FRUS)Series Appendix D to Part 197—Procedures for Historical Researchers Not Permanently Assigned to the Executive Branch Appendix E to Part 197—Form Letter—Conditions Governing Access to Official Records for Historical Research Purposes Appendix F to Part 197—Procedures for Copying of Documents for the Foreign Relations of the United States Series Appendix G to Part 197—Procedures for Copying Documents Authority: 10 U.S.C. 301. § 197.1 Purpose. This part identifies and updates the policies and procedures for the programs that permit U.S. citizens to perform historical research in records created by or in the custody of the OSD consistent with Executive Order 12958, DoD 5200.01-R 1 , DoD 5400.07-R, DoD Directive 5400.11, the Interagency Agreement on Access for Official Agency Historians, and DoD Directive 5230.09. 1 Copies of unclassified DoD Directives, DoD Instructions, DoD Publications, and OSD Administrative Instructions may be found at *http://www.dtic.mil/whs/directives/.* § 197.2 Applicability and scope. This part applies to:
(a)The Office of the Secretary of Defense and organizations for which the Washington Headquarters Services provides administrative support (hereafter referred to collectively as the “OSD Components”).
(b)All historical researchers.
(c)Former OSD Presidential Appointees seeking access to records containing information they originated, reviewed, signed, or received while serving in an official capacity. § 197.3 Definition. *Historical researcher or researcher.* A person desiring to conduct research in OSD files for historical information to use in any project (e.g. agency historical office projects, books, articles, studies, or reports) regardless of the person's employment status. § 197.4 Policy. It is DoD policy, pursuant to E.O. 12958, that:
(a)Anyone accessing classified material must possess the requisite security clearance.
(b)Information requested by historical researchers shall be accessed at a DoD activity or facility under the control of the National Archives and Records Administration (NARA). Usually such access will occur at either the Washington National Records Center
(WNRC)in Suitland, Maryland, or NARA's Archives II in College Park, Maryland.
(c)Access to records by historical researchers shall be limited to the specific records within the scope of the proposed historical research over which the Department of Defense has classification authority. Access shall also be limited to any other records for which the written consent of other Agencies that have classification authority over information contained in or revealed by the records has been obtained.
(d)Access to unclassified OSD Component files by historical researchers shall be permitted consistent with the restrictions of the exemptions of the Freedom of Information Act that are contained in E.O. 12958 and explained in the appendix B to this part (5 U.S.C. 552). The procedures for access to classified information shall be used if the requested unclassified information is contained in OSD files whose overall markings are classified.
(e)Under E.O. 12958, or its successor, persons permanently assigned within the Executive Branch may be authorized access to classified information for official projects under DoD classification authority, provided such access is essential to the accomplishment of a lawful and authorized Government purpose and a written determination of the trustworthiness of the persons has been made.
(f)Under E.O. 12958 and paragraph C6.2.2. of DoD 5200.01-R, persons not permanently assigned within the Executive Branch who are engaged in historical research projects or persons permanently assigned within the Executive Branch engaged in personal, i.e. unofficial projects, may be authorized access to classified information under DoD classification authority. The authorization shall be based on a written determination of the researcher's trustworthiness, on the proposed access being in the interests of national security, and on the researcher signing a copy of the letter (appendix E to this part) by which he or she agrees to safeguard the information and to authorize a review of any notes and manuscript for a determination that they contain no classified information.
(g)Access for former Presidential appointees is limited to records they originated, reviewed, signed, or received while serving as Presidential appointees.
(h)Contractors working for Executive Branch Agencies may be allowed access to classified OSD Component files. No copies of still classified documents will be released directly to a contractor. All copies of classified documents needed for a classified project will be forwarded to the office of the Contracting Government Agency responsible for monitoring the project. The monitoring office will be responsible for ensuring that the contractor safeguards the documents. The information is only used for the project for which it was requested, and that the contractor returns the documents upon completion of the final project. All copies of documents needed for an unclassified project will undergo a mandatory declassification review before the copies are released to the contractor to use in the project.
(i)The records maintained in OSD Component office files and at the WNRC cannot be segregated, requiring that authorization be received from all agencies whose classified information is or is expected to be in the requested files for access to be permitted.
(j)All researchers must hold security clearances at the classification level of the requested information. In addition, all DoD employed requesters, to include DoD contractors, must have Critical Nuclear Weapons Design Information (CNWDI) access and all other Executive Branch and non-Executive Branch requesters must have a Department of Energy issued “Q” clearance to access CNWDI information. § 197.5 Responsibilities.
(a)The Director of Administration and Management, Office of the Secretary of Defense, (DA&M, OSD), or designee shall, according to the Deputy Secretary of Defense Memorandum dated August 25, 1993, be the approval authority for access to DoD classified information in OSD Component files and in files at the National Archives, Presidential libraries, and other similar institutions.
(b)The Heads of the OSD Components, when requested, shall:
(1)Determine whether access is for a lawful and authorized Government purpose or in the interest of national security.
(2)Determine whether the specific records requested are within the scope of the proposed historical research.
(3)Determine the location of the requested records.
(4)Provide a point of contact to the OSD Records Administrator.
(c)The OSD Records Administrator shall:
(1)Exercise overall management of the Historical Research Program.
(2)Maintain records necessary to process and monitor each case.
(3)Obtain all required authorizations.
(4)Obtain, when warranted, the legal opinion of the General Counsel of the Department of Defense regarding the requested access.
(5)Perform a mandatory declassification review on documents selected by the researchers for use in unclassified projects.
(6)Provide to prospective researchers the procedures necessary for requesting access to OSD Component files.
(d)The Researcher shall provide any information and complete all forms necessary to process a request for access. § 197.6 Procedures. The procedures for processing and/or researching for access to OSD Component files are in appendices B, C, and D to this part. Appendix A to Part 197—Explanation of Freedom of Information Act (5 U.S.C. 552) Exemptions A. Exemptions Exemption Explanation (b)(1) Applies to information that is currently and properly classified pursuant to an Executive Order in the interest of national defense or foreign policy (See E.O. 12958 and DoD 5200.01-R) (Sec 1.4. Classification Categories from E.O. 12958 are provided on the next page); (b)(2) Applies to information that pertains solely to the internal rules and practices of the Agency; this exemption has two profiles, “high” and “low.” The “high” profile permits withholding a document which, if released, would allow circumvention of an Agency rule, policy, or statute, thereby impeding the Agency in the conduct of its mission. The “low” profile permits withholding if there is no public interest in the document, and it would be an administrative burden to process the request; (b)(3) Applies to information specifically exempted by a statute establishing particular criteria for withholding. The language of the statute must clearly state that the information will not be disclosed; (b)(4) Applies to information such as trade secrets and commercial or financial information obtained from a company on a privileged or confidential basis which, if released, would result in competitive harm to the company; (b)(5) Applies to inter- and intra-Agency memoranda that are deliberative in nature; this exemption is appropriate for internal documents that are part of the decision-making process, and contain subjective evaluations, opinions, and recommendations; (b)(6) Applies to information the release of which could reasonably be expected to constitute a clearly unwarranted invasion of the personal privacy of individuals; and (b)(7) Applies to records or information compiled for law enforcement purposes that could reasonably be expected to interfere with law enforcement proceedings; would deprive a person of a right to a fair trial or impartial adjudication; could reasonably be expected to constitute an unwarranted invasion of the personal privacy of others; disclose the identity of a confidential source; disclose investigative techniques and procedures; or could reasonably be expected to endanger the life or physical safety of any individual. See Chapter III of DoD 5400.07-R for further information. B. Extract From E.O. 12958 Section 1.4. Classification Categories. Information shall not be considered for classification unless it concerns:
(a)Military plans, weapons systems, or operations;
(b)Foreign government information;
(c)Intelligence activities (including special activities), intelligence sources or methods, or cryptology;
(d)Foreign relations or foreign activities of the United States, including confidential sources;
(e)Scientific, technological, or economic matters relating to the national security, which includes defense against transnational terrorism;
(f)United States Government programs for safeguarding nuclear materials or facilities;
(g)Vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security, which includes defense against transnational terrorism; or
(h)Weapons of mass destruction. Appendix B to Part 197—Procedures for Historical Researchers Permanently Assigned Within the Executive Branch Working on Official Projects 1. The Head of each OSD Component, when requested, shall: a. Make a written determination that the requested access is essential to the accomplishment of a lawful and authorized Government purpose, stating whether the requested records can be made available; if disapproved, cite specific reasons. b. Provide the location of the requested records, including accession and box numbers if the material has been retired to the WNRC. c. Provide a point of contact for liaison with the OSD Records Administrator if any requested records are located in OSD Component working files. 2. The OSD Records Administrator shall: a. Process all requests from Executive Branch employees requesting access to OSD Component files for official projects. b. Determine which OSD Component(s) originated the requested records and, if necessary, request an access determination (paragraph 1.a. of this appendix) from the OSD Component(s) and the location of the requested records, including accession and box numbers if the records are in retired files. c. Request authorization for access from other Agencies as necessary:
(1)By the terms of the “Interagency Agreement on Access for Official Agency Historians,” hereafter referred to as “the Agreement”, historians employed by a signatory Agency may have access to the classified information of any other Agency signatory to the Agreement found in OSD files. The Central Intelligence Agency
(CIA)and National Security Council
(NSC)are not signatories to the Agreement. Authorization for access must be obtained from these Agencies, as well as from any other non-signatory Agency whose classified information is expected to be found in the files to be accessed.
(2)If the official historian is employed by an Agency that is not a signatory to the Agreement, authorization for access must be obtained from the CIA, NSC, Department of State (DoS), and any other non-DoD Agency whose classified information is expected to be found in the files to be accessed.
(3)If the requester is not an official historian, authorization for access must be obtained from the CIA, NSC, DoS, and any other non-DoD Agency whose classified information is expected to be found in the files to be accessed.
(4)Make a written determination as to the researcher's trustworthiness based on the researcher having been issued a security clearance.
(5)Compile all information on the request for access to classified information to include evidence of an appropriately issued personnel security clearance and forward the information to the DA&M, OSD, or designee, who shall make the final access determination.
(6)Notify the researcher of the authorization and conditions for access to the requested records or of the denial of access and the reason(s).
(7)Ensure all conditions for access and release of information for use in the project are met.
(8)Make all necessary arrangements for the researcher to visit the WNRC and review the requested records if they have been retired there.
(9)Assign a member of his staff to supervise the researcher's copying of pertinent documents at the WNRC. Provide a copier and toner cartridge or appropriate consumable supplies to be used by the researcher to copy the documents.
(10)If the records are maintained in an OSD Component's working files, arrange for the researcher to review the material and make copies of pertinent documents in the OSD Component's office.
(11)Notify the National Archives or Presidential library concerned of the authorization and conditions for access, if the researcher desiring to research material in those facilities is not an official historian or is an official historian employed by an Agency that is not a signatory to the Agreement. 3. The researcher shall: a. Submit a request for access to OSD files to the OSD Records Administrator, 1155 Defense, Pentagon, Washington, DC 20301-1155. The request must contain the following information:
(1)The name(s) of the researcher(s) and any assistant(s), level of security clearance, and the office to which the researcher is assigned.
(2)Provide a statement on the purpose of the project, including whether the final product is to be classified or unclassified.
(3)Provide an explicit description of the information being requested and if known, the originating office, so that the identification and location of the information may be facilitated.
(4)An appropriate higher authority must sign the request. b. Ensure his or her security manager or personnel security office verifies his or her security clearances in writing to the Security Manager for the office of the OSD Records Administrator. c. Submit notes taken during research, as follows:
(1)Use letter-sized paper (approximately 8 1/2 by 11 inches), writing on only one side of the page. Each page of notes must pertain to only one document.
(2)Indicate at the top of each page of notes the document's originator, date, subject (if the subject is classified, indicate the classification), folder number or other identification, accession number and box number in which the document was found, and the security classification of the document. All notes are considered classified at the level of the document from which they were taken.
(3)Number each page of notes consecutively.
(4)Leave the last 1 1/2 inches on the bottom of each page of notes blank for use by the reviewing agencies.
(5)Ensure the notes are legible, in English, and in black ink.
(6)All notes must be given to the facility staff at the end of each day. The facility staff will forward the notes to the OSD Records Administrator for a declassification review and release determination. d. Maintain the file integrity of the records being reviewed, ensuring no records are removed and all folders are replaced in the correct box in their proper order. e. Make copies of any documents pertinent to the project, ensuring that staples are carefully removed and that the documents are restapled before they are replaced in the folder. Subparagraph E3.1.3. of this appendix, also applies to the copying of documents. The copying of documents at the WNRC must be accomplished under the supervision of a member of the OSD Records Administrator staff (appendix D to this part). f. Submit, prior to unclassified presentation or publication, the completed manuscript, along with any copies of documents used and notes taken, to the OSD Records Administrator for onward transmission to the Chief, Security Review, Executive Services Directorate for review. g. If the requester is an official historian of an Agency signatory to the Agreement, requests for access to the records at the National Archives or a Presidential library should be addressed directly to the pertinent facility with an information copy to the OSD Records Administrator.
(1)The historian's security clearances must be verified to the National Archives or the Presidential library.
(2)Paragraphs 1.c. through 1.f. of this appendix apply to research in files at the National Archives, a Presidential library, or other facility.
(3)All notes and documents must be given to the facility staff for forwarding to the office of the OSD Records Administrator. Appendix C to Part 197—Procedures for the Department of State
(DoS)Foreign Relations of the United States
(FRUS)Series 1. The OSD Records Administrator shall: a. Determine the location of the records being requested by the DoS for the FRUS series under Public Law No. 102-138. b. Request authorization from the CIA, NSC, and any other non-DoD Agency not signatory to the Agreement for the State historians to have access to such non-DoD Agency classified information expected to be interfiled with the requested OSD records. c. Obtain written verification from the DoS Diplomatic Security staff of all security clearances, including “Q” clearances. d. Make all necessary arrangements for the State historians to access and review OSD files. e. Make all necessary arrangements for the State historians to copy documents selected for use in their research.
(1)According to appendix F to this part, provide a staff member to supervise the copying and the copier to be used to copy the documents.
(2)Compile a list of the documents that were copied by the DoS. f. Release all documents copied by the DoS for use in the FRUS still classified. g. Submit to the respective Agency a list of CIA and NSC documents copied and released to the State historians. h. Process requests from the DoS Historian's office for members of the Advisory Committee on Historical Diplomatic Documentation, who possess the appropriate security clearances, to have access to documents copied and used by the State historians to compile the FRUS series volumes or to the files that were reviewed to obtain the copied document. Make all necessary arrangements for the Committee to review any documents that are at the WNRC. 2. The DoS Historian shall: a. Submit requests for access to OSD files to the OSD Records Administrator, 1155 Defense, Pentagon, Washington, DC 20301-1155. The request should list the names and security clearances for the historians doing the research and an explicit description, including the accession and box numbers, of the files being requested. b. Submit requests for access for members of the Advisory Committee on Historical Diplomatic Documentation to documents copied by the State historians for the series or the files reviewed to obtain the documents to the OSD Records Administrator. c. Request that the DoS Diplomatic Security staff verify all security clearances in writing to the Security Manager for the office of the OSD Records Administrator. d. According to appendix F to this part, supply the toner cartridge, paper, and other supplies required to copy the documents. e. Give all copies of the documents to the member of the office OSD Records Administrator's staff who is supervising the copying as the documents are copied. f. Submit any DoD documents desired for use or pages of the manuscript containing DoD classified information to the Chief, Security Review, Executive Services Directorate, 1155, Defense, Pentagon, Washington, DC 20301-1155 for a declassification review prior to publication. Appendix D to Part 197—Procedures for Historical Researchers Not Permanently Assigned to the Executive Branch 1. The Head of each OSD Component, when required, shall: a. Make recommendations to the DA&M, OSD, or his designee, as to approval or disapproval of requests to OSD files stating whether release of the requested information is in the interest of national security and whether the information can be made available; if disapproval is recommended, specific reasons should be cited. b. Provide the location of the requested information, including the accession and box numbers for any records that have been retired to the WNRC. c. Provide a point of contact for liaison with the OSD Records Administrator if any requested records are located in Component working files. 2. The OSD Records Administrator shall: a. Process all requests from non-Executive Branch researchers for access to OSD files. Certify that the requester has the appropriate clearances. b. Obtain prior authorization to review their classified information from the DoS, CIA, NSC, and any other Agency whose classified information is expected to be interfiled with OSD records. c. Make a determination as to which OSD Component originated the requested records, and as necessary, obtain written recommendations (paragraph 1.a. of this section) for the research to review the classified information. d. Obtain a copy of the letter in Enclosure 6 of this AI signed by the researcher(s) and any assistant(s). e. If the requester is a former Presidential appointee (FPA), after completion of the actions described in paragraph 1.b. through 1.b.(4) of this appendix, submit a memorandum to DoD, Human Resources, Security Division, requesting the issuance (including an interim) or reinstatement of an inactive security clearance for the FPA and any assistant and a copy of any signed form letters (paragraph 1.b. of this appendix). DoD, Human Resources, Security Division, will contact the researcher(s) and any assistant(s) to obtain the forms required to reinstate or obtain a security clearance and initiate the personnel security investigation. Upon completion of the adjudication process, notify the OSD Records Administrator in writing of the reinstatement, issuance, or denial of a security clearance. f. Make a written determination as to the researcher's trustworthiness, based on his or her having been issued a security clearance. g. Compile all information on the request for access to classified information to include either evidence of an appropriately issued or reinstated personnel security clearance and forward the information to the DA&M, OSD, or his designee, who shall make the final determination on the applicant's eligibility for access to classified OSD files. If the determination is favorable, the DA&M, OSD, or his designee, shall then execute an authorization for access, which will be valid for not more than 2 years. h. Notify the researcher of the approval or disapproval of the request. If the request has been approved, the notification shall identify the files authorized for review and shall specify that the authorization:
(1)Is approved for a predetermined time period.
(2)Is limited to the designated files.
(3)Does not include access to records and/or information of other Federal Agencies, unless such access has been specifically authorized by those Agencies. i. Make all necessary arrangements for the researcher to visit the WNRC and review any requested records that have been retired there, to include written authorization, conditions for the access, and a copy of the security clearance verification. j. If the requested records are at the WNRC, make all necessary arrangements for the copying of documents; provide a copier and toner cartridge for use in copying documents and a staff member to supervise the copying of pertinent documents by the researcher. k. If the requested records are maintained in OSD Component working files, make arrangements for the researcher to review the requested information and if authorized, copy pertinent documents in the OSD Component's office. Provide the OSD Component with a copy of the written authorization and conditions under which the access is permitted. l. Compile a list of all the documents copied by the researcher. m. Perform a mandatory declassification review on all notes taken and documents copied by the researcher. n. If the classified information to be reviewed is on file at the National Archives, a Presidential library or other facility, notify the pertinent facility in writing of the authorization and conditions for access. 3. The researcher shall: a. Submit a request for access to OSD Component files to the OSD Records Administrator, 1155 Defense, Pentagon, Washington, DC 20301-1155. The request must contain the following:
(1)As explicit a description as possible of the information being requested so that identification and location of the information may be facilitated.
(2)A statement as to how the information will be used, including whether the final project is to be classified or unclassified.
(3)State whether the researcher has a security clearance, including the level of clearance and the name of the issuing Agency.
(4)The names of any persons who will be assisting the researcher with the project. If the assistants have security clearances, provide the level of clearance and the name of the issuing Agency. b. A signed copy of the letter (appendix E to this part) by which the requester agrees to safeguard the information and to authorize a review of any notes and manuscript for a determination that they contain no classified information. Each project assistant must also sign a copy of the letter. c. If the requester is an FPA, complete the forms necessary (see paragraph 1.b. of this appendix) to obtain a security clearance. Each project assistant will also need to complete the forms necessary to obtain a security clearance. If the FPA or assistant have current security clearances, their personnel security office must provide verification in writing to the Security Manager for the office of the OSD Records Administrator. d. Maintain the integrity of the files being reviewed, ensuring that no records are removed and that all folders are replaced in the correct box in their proper order. e. If copies are authorized, all copies must be given to the custodian of the files at the end of each day. The custodian will forward the copies of the documents to the OSD Records Administrator for a declassification review and release to the requester.
(1)For records at the WNRC, if authorized, make copies of documents only in the presence of a member of the OSD Records Administrator's staff (appendix G to this part).
(2)As they are copied, all documents must be given to the OSD Records Administrator's staff member supervising the copying.
(3)Ensure all staples are carefully removed and that the documents are restapled before the documents are replaced in the folder. Paragraph 1.c. of this appendix also applies to the copying of documents. f. Submit all notes (classified and unclassified) made from the records to the OSD Records Administrator for a declassification and release review through the custodian of the files at the end of each day's review as described in paragraphs 1.c.(3) through 1.c.(5) of appendix B to this part. g. Submit the notes and final manuscript to the OSD Records Administrator for forwarding to the Chief, Security Review, Executive Services Directorate, for a security review and clearance under DoD Directive 5230.09 prior to unclassified publication, presentation, or any other public use. Appendix E to Part 197—Form Letter—Conditions Governing Access to Official Records for Historical Research Purposes Date: OSD Records Administrator 1155 Defense Pentagon Washington, DC 20301-1155 Dear I understand that the classified information to which I have requested access for historical research purposes is concerned with the national defense or foreign relations of the United States, and the unauthorized disclosure of it could reasonably be expected to cause damage, serious damage, or exceptionally grave damage to the national security depending on whether the information is classified Confidential, Secret, or Top Secret, respectively. If granted access, I therefore agree to the following conditions governing access to the Office of the Secretary of Defense
(OSD)files: 1. I will abide by any rules and restrictions promulgated in your letter of authorization, including those of other Agencies whose information is interfiled with that of the OSD. 2. I agree to safeguard the classified information, to which I gain possession or knowledge because of my access, in a manner consistent with Part 4 of Executive Order 12958, “National Security Information,” and the applicable provisions of the Department of Defense regulations concerning safeguarding classified information, including DoD 5200.1-R, “Information Security Program.” 3. I agree not to reveal to any person or Agency any classified information obtained as a result of this access except as authorized in the terms of your authorization letter or a follow-on letter, and I further agree that I shall not use the information for purposes other than those set forth in my request for access. 4. I agree to submit my research notes for security review, to determine if classified information is contained in them, before their removal from the specific area assigned to me for research. I further agree to submit my manuscript for a similar review before its publication or presentation. In each of these reviews, I agree to comply with any decision of the reviewing official in the interests of the security of the United States, including the retention or deletion of any classified parts of such notes and manuscript whenever the Federal Agency concerned deems such retention or deletion necessary. 5. I understand that failure to abide by the conditions in this statement shall constitute sufficient cause for canceling my access to classified information and for denying me any future access, and may subject me to criminal provisions of Federal Law as referred to in item 6. 6. I have been informed that provisions of title 18 of the United States Code impose criminal penalties, under certain circumstances, for the unauthorized disclosure, loss, copying, or destruction of defense information. THIS STATEMENT IS MADE TO THE UNITED STATES GOVERNMENT TO ENABLE IT TO EXERCISE ITS RESPONSIBILITY FOR THE PROTECTION OF INFORMATION AFFECTING THE NATIONAL SECURITY. I UNDERSTAND THAT ANY MATERIAL FALSE STATEMENT THAT I MAKE KNOWINGLY AND WILFULLY SHALL SUBJECT ME TO THE PENALTIES OF TITLE 18, U.S. CODE, SECTION 1001. Signature: Witness's Signature: Date: Appendix F to Part 197—Procedures for Copying of Documents for the Foreign Relations of the United States Series 1. The records will be reviewed and copied at the WNRC, Suitland, Maryland. 2. The requested records have been reviewed under the declassification provisions of E.O. 12958. Part of NARA's government-wide procedures for the review process requires that certain types of documents be tabbed for easy identification. Any tabs removed during the research and copying must be replaced. 3. When documents are being copied, a DoD/WHS/declassification and historical research branch staff member must be present at all times. 4. OSD will supply the copier, but the DoS must supply the toner cartridge, paper, staples, staple remover, stapler, and Post-It Notes. The copier is a Cannon Personal Copier-Model PC 425. It takes one of two cartridges—Cannon E20, which makes 2,000 copies and Cannon E40, which makes 4,000 copies. 5. The number of boxes to be reviewed will determine which of the following two procedures will apply. The Declassification and Historical Research Branch staff will make that determination at the time the request is processed. When the historian completes the review of the boxes, he or she must contact the Declassification and Historical Research Branch to establish a final schedule for copying the needed documents. To avoid a possible delay, a tentative schedule will be established at the time that the review schedule is set. a. For a small number of boxes—the review and copying will take place simultaneously. b. For a large number of boxes—the historian will review the boxes and mark the documents that are to be copied using Post-It Notes or WNRC Reproduction Tabs. 6. The documents must be given to the Declassification and Historical Research Branch staff member for transmittal to the Declassification and Historical Research Branch Office for processing. 7. The Declassification and Historical Research Branch will notify the historian when the documents are ready to be picked-up. Appendix G to Part 197—Procedures for Copying Documents 1. The records will be reviewed and copied at the WNRC, Suitland, Maryland. 2. The requested records have been reviewed under the declassification provisions of E.O. 12958. Part of NARA's government-wide procedures for the review process requires that certain types of documents be tabbed for easy identification. Any tabs removed during the research and copying must be replaced. 3. The researcher will mark the documents that he or she wants to copy using Post-It Notes or WNRC Reproduction Tabs. 4. Any notes taken during the review process must be given to the WNRC staff for transmittal to the Declassification Branch. 5. When documents are being copied, a DoD/WHS/declassification and historical research branch staff member must be present at all times. In agreeing to permit the copying of documents from OSD classified files at the WNRC, the WNRC is requiring that the Declassification and Historical Research Branch be held solely responsible for the copying process. The staff member is only there to monitor the copying and ensure that all record management and security procedures are followed. 6. The Declassification and Historical Research Branch will supply the copier and toner cartridge. 7. The researcher will need to bring paper, staples, staple remover, stapler, and Post-It Notes. 8. When the researcher completes the review of the boxes, he or she must contact the Declassification and Historical Research Branch to establish a final schedule for copying the needed documents. 9. The documents must be given to the Declassification and Historical Research Branch staff member for transmittal to the Declassification and Historical Research Branch Office for processing. 10. When the documents are ready to be picked up or mailed, the Declassification and Historical Research Branch will notify the office. 11. All questions pertaining to the review, copying, or transmittal of OSD documents must be addressed to the OSD action officer. 12. The WNRC staff can only answer questions regarding the use of their facility. Dated: June 28, 2007. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, DoD. [FR Doc. E7-13006 Filed 7-5-07; 8:45 am] BILLING CODE 5001-06-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP San Francisco Bay 07-012] RIN 1625-AA87 Security Zones; Major League Baseball All-Star Game, San Francisco Bay, CA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule; revision of temporary regulation. SUMMARY: The Coast Guard is revising a temporary regulation published June 15, 2007, that establishes security zones in the vicinity of San Francisco Pier 30/32 and McCovey Cove on the navigable waters of the San Francisco Bay for the 2007 Major League Baseball All-Star Game and related events. The purpose of this revision is to clarify the location of the two security zones and the process for seeking permission to enter these zones. These regulated areas are necessary to provide security for participants, spectators, and the general public during this high profile event. The security zones will prohibit all persons and vessels from entering, transiting through, or anchoring within portions of the San Francisco Bay surrounding Pier 30/32 and McCovey Cove, unless authorized by the Captain of the Port
(COTP)or his designated representative. DATES: This rule is effective from 8 a.m. on July 7, 2007, through 11:59 p.m. on July 10, 2007. ADDRESSES: Documents indicated in this preamble as being available for docket are part of docket COTP San Francisco 07-012 and 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: Lieutenant Eric Ramos, U.S. Coast Guard Sector San Francisco, at
(415)556-2950 extension 143, or Sector San Francisco 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)(B), the Coast Guard finds that good cause exists for not publishing an NPRM because the planning for this event was not finalized and presented in time to draft and publish an NPRM. For the same reason listed in the previous paragraph, 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** . Publishing an NPRM and delaying the effective date would be contrary to the public interest since the event would occur before the rulemaking process was complete. Background and Purpose We are revising the rule entitled “Security Zones; Major League Baseball All-Star Game, San Francisco Bay, CA” that we published June 15, 2007, in the **Federal Register** (72 FR 33160) which created a temporary regulation, 33 CFR 165.T11-187. The purpose of this revision is to clarify the location of the two security zones and the process for seeking permission to enter these zones. Discussion of Rule In describing the security zone in the vicinity of Pier 30/32 in the rule published June 15, we did not include the last boundary of the zone. We are revising paragraph
(a)of § 165.T11-187 to connect the last coordinate listed with the beginning coordinate. We are also providing each security zone its own paragraph with a heading to help distinguish the two zones. The Pier 30/32 zone includes all navigable waters, from the surface to the seafloor, encompassed by connecting the following points to form a fifty-yard security zone around and beneath the pier: Beginning at latitude 37°47.26′ N and longitude 122°23.23′ W; thence east to latitude 37°47.26′ N and longitude 122°23.01′ W; thence south to latitude 37°47.13′ N and longitude 122°23.01′ W; west to latitude 37°47.11′ N and longitude 122°23.24′ W; and then back to the beginning point (NAD 83). This security zone will be enforced on all navigable waters around and beneath the pier within approximately fifty yards in any direction. The security zone in the vicinity of McCovey Cove (China Basin from 3rd Street Bridge to the Bay) remains the same—all navigable waters, from the surface to the seafloor, encompassed by connecting the following points to form a safety zone: beginning at latitude 37°46.70′ N and longitude 122°23.12′ W; thence south-southeasterly to latitude 37°46.58′ N and longitude 122°23.10′ W; thence north-northwesterly to latitude 37°46.61′ N and longitude 122°23.39′ W; thence north-northwesterly to latitude 37°46.63′ N and longitude 122°23.41′ W; and then back to the beginning point (NAD 83)—but we have revised paragraph
(c)§ 165.T11-187 to denote the placement of booms marking the entry and exit points of the zone, and to clarify that only vessels authorized by the COTP will be permitted into these zones. Only human-powered vessels 20 feet or less in length, and other designated vessels associated with Major League Baseball or the San Francisco Giants, will be allowed entry into the zone. Under authority of 50 U.S.C. 191 (the Magnuson Act) and 33 CFR 6.04-7, all persons and vessels must consent to search before being permitted to enter this zone. No person or vessel may enter or remain within the security zones unless authorized by the Captain of the Port, San Francisco, or his designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing these security zones. 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. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). Although this regulation restricts access to a portion of navigable waters, the effect of this regulation will not be significant because the zones encompass only small portions of the waterway and vessels may be allowed to enter the zones on a case-by-case basis with permission of the COTP, or his designated representative. The sizes of the zones are the minimum necessary to provide adequate security and safety on the navigable waters adjacent to AT&T Park and other event venues. The entities most likely to be affected are pleasure craft engaged in recreational activities and sightseeing. 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. We expect this rule may affect owners and operators of vessels, some of which may be small entities, intending to fish recreationally, sightsee, transit, or anchor in the waters affected by these zones. These zones will not have a significant economic impact on a substantial number of small entities for several reasons. This rule will only be in effect for less than four days during the duration of the events and the zones do not encompass areas that are highly trafficked. Vessel traffic can pass safely around the zone at Pier 30/32, and certain vessels will be allowed to enter and remain in the zone at McCovey Cove under the conditions discussed herein. Furthermore, other traffic may be allowed to transit through the zones with the permission of the COTP or his designated representative. Before the effective period, small entities and the maritime public will be advised of these regulated areas via Broadcast Notice to Mariners and publication in the 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. If the rule will affect your small business, organization, or government jurisdiction and you have questions concerning its provisions or options for compliance, please contact Lieutenant Eric Ramos, U.S. Coast Guard Sector San Francisco, at
(415)556-2950 extension 143, or the 24-hour Command Center at
(415)399-3547. 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 would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule would 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 would not create an environmental risk to health or risk to safety that might 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 would 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 because we are creating security 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. In temporary § 165.T11-187 (published June 15, 2007, at 72 FR 33162 and 33163) revise paragraphs
(a)and
(c)to read as follows: § 165.T11-187 Security Zones; Major League Baseball All-Star Game, San Francisco Bay, CA.
(a)*Locations.* The following areas are security zones:
(1)*Pier 30/32.* All navigable waters, from the surface to the seafloor, encompassed by connecting the following points to form a fifty-yard security zone around and beneath Pier 30/32: beginning at latitude 37°47.26′ N and longitude 122°23.23′ W; thence east to latitude 37°47.26′ N and longitude 122°23.01′ W; thence south to latitude 37°47.13′ N and longitude 122°23.01′ W; west to latitude 37°47.11′ N and longitude 122°23.24′ W; and then back to the beginning point (NAD 83).
(2)*McCovey Cove.* All navigable waters, from the surface to the seafloor in the vicinity of McCovey Cove (China Basin from 3rd Street Bridge to the Bay), encompassed by a line connecting the following points: beginning at latitude 37°46.70′ N and longitude 122°23.12′ W; thence south-southeasterly to latitude 37°46.58′ N and longitude 122°23.10′ W; thence north-northwesterly to latitude 37°46.61′ N and longitude 122°23.39′ W; thence north-northwesterly to latitude 37°46.63′ N and longitude 122°23.41′ W; and then back to the beginning point (NAD 83).
(c)*Regulations.*
(1)Under general security zone regulations in § 165.33, entry into, transit through, or anchoring within the security zones described in paragraph
(a)of this section is prohibited, unless specifically authorized by the Captain of the Port, San Francisco, or his designated representative.
(2)Booms will be placed in the water to mark the entry and exit points of the McCovey Cove security zone described in paragraph
(2)of this section. Only human-powered vessels 20 feet or less in length, and other designated vessels associated with Major League Baseball or the San Francisco Giants, will be allowed entry into the McCovey Cove zone. All persons and vessels must consent to search before being permitted to enter the McCovey Cove zone. Dated: June 25, 2007. W.J. Uberti, Captain, U.S. Coast Guard, Captain of the Port, San Francisco. [FR Doc. 07-3315 Filed 7-3-07; 2:20 pm]
Connectionstraces to 28
Traces to 28 documents
register
U.S. Code
- Federal Aviation Administration§ 106
- Purposes§ 3501
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Rules and regulations§ 7805
- Federal-State relationship§ 633
- Purposes§ 1501
- Definitions§ 630
- Departmental regulations§ 301
- Definitions§ 601
- Definitions§ 301
- Rule making§ 553
- Transferred§ 191
- Avoidance of duplicative or unnecessary analyses§ 605
- Establishment, functions, and activities§ 272
- Transferred§ 1226
CFR
- May I address the unsafe condition in a way other than that set out in the airworthiness directive?§ 39.19
- Persons authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or component parts for return to service after maintenance, preventive maintenance, rebuilding, or alteration.§ 43.7
- Content, form, and disposition of maintenance, preventive maintenance, rebuilding, and alteration records (except inspections performed in accordance with part 91, part 125, § 135.411(a)(1), and § 135.419 of this chapter).§ 43.9
- Applicability.§ 71.1
- Visitation, search, and removal.§ 6.04-7
- Delegation of rulemaking authority.§ 1.05-1
26 references not yet in our index
- 14 CFR 39
- 1 CFR 51
- 14 CFR 71
- T.D. 9335
- Pub. L. 109-222
- 120 Stat. 345
- 26 CFR 1
- 26 CFR 301
- T.D. 9334
- 26 CFR 53
- 26 CFR 54
- 29 CFR 1625
- 540 U.S. 581
- 29 USC 621-634
- 32 CFR 197
- Pub. L. 104-4
- Pub. L. 96-354
- Pub. L. 96-511
- Pub. L. 102-138
- 33 CFR 165
- 5 USC 601-612
- Pub. L. 104-121
- 44 USC 3501-3520
- 2 USC 1531-1538
- 42 USC 4321-4370f
- Pub. L. 107-295
Citation graph
cites case law
Rules and Regulations
Final rule
SCOTUS540 U.S. 581
Cite14 CFR 39
Cite1 CFR 51
Cites 54 · showing 12Cited by 0 across 0 sources