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Code · REGISTER · 2007-07-09 · PROPOSED RULES · Agency Agency for Healthcare Research and Quality NOTICES Meetings: Healthcare Research and Quality National Advisory Council, 37232-37233 07-3306 AID Agency for International Development PROPOSED RUL · Unknown

Unknown. Final rule; technical amendments

44,666 words·~203 min read·/register/2007/07/09/07-3309

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

--- schema: federal-register doc_type: fedreg source_file: FR-2007-07-09.xml --- 72 130 Monday, July 9, 2007 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Healthcare Research and Quality National Advisory Council, 37232-37233 07-3306 AID Agency for International Development PROPOSED RULES Commodity transactions financed by USAID; applicable rules and procedures; miscellaneous amendments, 37139-37154 07-3309 Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service Air Force Air Force Department RULES Environmental Impact Analysis Process; technical corrections, 37105-37107 E7-13253 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 37262-37263 E7-13236 E7-13237 E7-13238 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 37185-37187 E7-13219 E7-13245 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 37233-37234 E7-13197 E7-13243 Children Children and Families Administration NOTICES Grant and cooperative agreement awards:
Community Services State Associations, 37234-37235 E7-13151 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 37185 E7-13216 E7-13217 Defense Defense Department See Air Force Department See Navy Department NOTICES Meetings; Sunshine Act, 37197-37198 07-3333 07-3334 Privacy Act; computer matching programs, 37198-37199 E7-13266 Privacy Act; systems of records, 37199-37204 E7-13254 E7-13261 E7-13264 E7-13268 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:
Safe and drug-free schools programs— Youth violence and related issues in persistently dangerous schools, 37205-37209 E7-13230 Special education and rehabilitative services— State data collection; technical assistance, 37209-37216 E7-13227 E7-13229 Meetings: High-quality English language proficiency standards and assessments; framework for developing; correction, 37216-37217 E7-13223 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:
GHN Neon, Inc., 37264 E7-13172 Visteon Systems, LLC, et al., 37264 E7-13174 VyTech Industries, Inc., et al., 37264-37266 E7-13173 World Kitchen, LLC, 37266 E7-13175 EPA Environmental Protection Agency RULES Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures at Phase II existing facilities; requirements; suspended, 37107-37109 E7-13202 Water programs: Water quality standards— Washington; Federal marine aquatic life water quality criteria for toxic pollutants; withdrawn, 37109-37115 E7-13207 PROPOSED RULES Air pollution; standards of performance for new stationary sources:
Synthetic organic chemicals manufacturing industry and petroleum refineries; VOC equipment leaks, 37157-37161 E7-13203 Air quality implementation plans: Preparation, adoption, and submittal— Electric generating units emission increases; prevention of significant deterioration and nonattainment new source review, 37156-37157 E7-13297 Water programs: Water quality standards— Washington; Federal marine aquatic life water quality criteria for toxic pollutants; withdrawn, 37161-37162 E7-13206 NOTICES Meetings:
Good Neighbor Environmental Board, 37217 07-3311 Privacy Act; systems of records, 37217-37220 E7-13205 Superfund; response and remedial actions, proposed settlements, etc.: Palmerton Zinc Pile Site, PA, 37220-37221 E7-13204 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 37221 07-3348 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives:
Airbus, 37122-37124 E7-13211 Boeing, 37130-37137 E7-13263 E7-13265 International Aero Engines, 37126-37130 E7-13256 Pacific Aerospace Corp., Ltd., 37124-37126 E7-13247 NOTICES Agency information collection activities; proposals, submissions, and approvals, 37305 07-3314 FCC Federal Communications Commission PROPOSED RULES Television broadcasting— Digital television— Conversion; transition issues, 37310-37344 E7-12905 NOTICES Radio broadcasting: AM or FM proposals to change community of license, 37221-37222 E7-13270 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:
Various States, 37115-37121 E7-13181 PROPOSED RULES Flood elevation determinations: Various States, 37164-37181 E7-13183 West Virginia, 37162-37164 E7-13182 NOTICES Agency information collection activities; proposals, submissions, and approvals, 37257 E7-13184 Disaster and emergency areas: Missouri, 37257 E7-13185 Federal Highway Federal Highway Administration NOTICES Grants and cooperative agreements; availability, etc.: Surface Transportation Project Delivery Pilot Program; solicitation for State participation, 37305-37306 E7-13149 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:
Exemption applications— EI Group, Inc., 37306-37307 E7-13277 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 37223 E7-13144 E7-13179 E7-13192 Formations, acquisitions, and mergers, 37223-37224 E7-13143 E7-13180 Permissible nonbanking activities, 37224 E7-13148 Fish Fish and Wildlife Service RULES Endangered and threatened species: Bald eagle, 37346-37372 07-4302 NOTICES Endangered and threatened species: Bald eagle; post-delisting monitoring plan; comment request, 37373-37374 07-4303 Food Food and Drug Administration PROPOSED RULES Administrative rulings and decisions:
Ozone-depleting substances use; essential-use designations— Oral pressurized metered-dose inhalers containing flunisolide, triamcinolone, metaproterenol, pirbuterol, albuterol, etc.; removed; meeting, 37137-37139 E7-13300 NOTICES Agency information collection activities; proposals, submissions, and approvals, 37235-37243 E7-13152 E7-13153 E7-13195 E7-13269 Food additive petitions: Nippon Oil Corp., 37243-37244 E7-13161 Human drugs: New drug applications— Otsuka Pharmaceutical Co., Ltd.; approval withdrawn; correction, 37244 E7-13160 Reports and guidance documents; availability, etc.:
Abbreviated new drug applications; pharmaceutical solid polymorphism; chemistry, manufacturing and controls information, 37244-37245 E7-13171 Medical devices— Knee cartilage, repair or replacement products; investigational device exemptions and new drug applications; preparation, 37245-37246 E7-13162 Scientific evaluation of health claims; evidence-based review system, 37246-37247 E7-13274 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Texas Turbomeca USA; helicopter engines manufacturing and repair facility, 37187-37188 E7-13235 Forest Forest Service NOTICES Environmental statements; notice of intent:
Humboldt-Toiyabe National Forest, NV; Big Springs Drilling Project, 37182-37183 07-3307 Meetings: Resource Advisory Committees— Glenn/Colusa County, 37183-37184 07-3308 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.:
Training of Latin American health care workers, 37225-37232 E7-13034 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 37247-37250 E7-13167 E7-13168 E7-13169 E7-13170 Reports and guidance documents; availability, etc.: 340B Drug Pricing Program; children's hospitals, 37250-37252 E7-13239 Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 37257-37258 E7-13258 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.:
American Indians into Medicine Program, 37252-37257 07-3310 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes: Capital asset exclusion for accounts and notes receivable; public hearing, 37155 E7-13255 International International Trade Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 37188 E7-13218 Antidumping: Automotive replacement glass windshields from— China, 37189 E7-13232 Chlorinated isocyanurates from— Spain, 37189-37195 E7-13231 Fresh garlic from— China, 37195 E7-13225 Solid agricultural grade ammonium nitrate from— Ukraine, 37195-37196 E7-13279 Export trade certificates of review, 37196 E7-13196 International International Trade Commission NOTICES Import investigations:
Wood flooring and hardwood plywood, 37261 E7-13187 Meetings; Sunshine Act, 37261-37262 E7-13228 E7-13234 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration RULES Regulatory review and update; technical amendments, 37097-37105 E7-12765 Land Land Management Bureau NOTICES Alaska Native claims selection: Unalakleet Native Corp., 37258 E7-13260 Environmental statements; record of decision:
Lake Havasu Field Office Resource Management Plan, AZ and CA, 37259 E7-13241 Realty actions; sales, leases, etc.: Wyoming, 37259-37260 E7-13166 Survey plat filings: Colorado, 37260-37261 E7-13186 National Credit National Credit Union Administration PROPOSED RULES Credit unions: Organization and operations— Federal credit union bylaws; comment period extension, 37122 E7-13273 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Marine mammals: Taking and importing— U.S.
Navy operations of surveillance towed array sensor systems low frequency active sonar, 37404-37418 07-3329 NOTICES Meetings: North Pacific Fishery Management Council, 37196-37197 E7-13189 E7-13190 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Muddy Fork, Illinois River Watershed, AR, 37184 E7-13226 Reports and guidance documents; availability, etc.: National Handbook of Conservation Practices, 37184-37185 E7-13251 Navy Navy Department NOTICES Privacy Act; system of records, 37204-37205 E7-13193 Nuclear Nuclear Regulatory Commission NOTICES Meetings;
Sunshine Act, 37267-37268 07-3326 Reports and guidance documents; availability, etc.: Pennsylvania regulatory program; proposed agreement with NRC; staff assessment, 37268-37272 E7-13262 *Applications, hearings, determinations, etc.:* Entergy Gulf States, Inc., 37266-37267 E7-13259 Occupational Occupational Safety and Health Administration PROPOSED RULES Occupational safety and health standards: Hazardous materials; explosives and blasting agents, 37155-37156 E7-13198 Office of U.S.
Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 37273-37276 E7-13210 E7-13215 E7-13220 E7-13221 E7-13240 E7-13244 E7-13246 E7-13282 E7-13289 Postal Postal Regulatory Commission NOTICES Commission tours: Delaware and Pennsylvania, 37276-37277 07-3305 SEC Securities and Exchange Commission PROPOSED RULES Securities:
Electronic filing; Form D and Regulation D; proposed revisions, 37376-37402 E7-13018 NOTICES Agency information collection activities; proposals, submissions, and approvals, 37277-37278 E7-13164 E7-13176 E7-13177 E7-13178 Meetings; Sunshine Act, 37281 E7-13272 Public Company Accounting Oversight Board: Tax services for persons in financial reporting oversight roles; proposed rule filing, 37281-37282 E7-13136 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 37282-37283 E7-13165 International Securities Exchange, LLC, 37284-37285 E7-13158 National Association of Securities Dealers, Inc., 37285-37287 E7-13200 E7-13201 New York Stock Exchange LLC, 37288-37291 E7-13154 E7-13156 NYSE Arca, Inc., 37291-37298 E7-13159 Philadelphia Stock Exchange, Inc., 37298-37303 E7-13155 E7-13157 *Applications, hearings, determinations, etc.:* Aston Funds and Aston Asset Management LLC, 37279-37281 E7-13191 SBA Small Business Administration NOTICES Interest rates; quarterly determinations, 37304 E7-13150 State State Department NOTICES Committees; establishment, renewal, termination, etc.:
Public Diplomacy, U.S. Advisory Commission, 37304 E7-13214 Meetings: Public Diplomacy, U.S. Advisory Commission, 37304 E7-13213 Presidential permits: San Luis, AZ; cattle crossing construction, 37304-37305 E7-13212 Surface Surface Transportation Board NOTICES Railroad services abandonment: Boston and Maine Corp. and Springfield Terminal Railway Co., 37307-37308 E7-13077 Trade Trade Representative, Office of United States NOTICES Trade Act of 1974: Russian Federation; special 301 out-of-cycle review; comment request, 37272-37273 E7-13257 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Federal Communications Commission, 37310-37344 E7-12905 Part III Interior Department, Fish and Wildlife Service, 37346-37374 07-4302 07-4303 Part IV Securities and Exchange Commission, 37376-37402 E7-13018 Part V Commerce Department, National Oceanic and Atmospheric Administration, 37404-37418 07-3329 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 130 Monday, July 9, 2007 Rules and Regulations DEPARTMENT OF LABOR Office of the Secretary 29 CFR Parts 2, 11, 14, 16, 20, 22, 70, 71, 75, 90, 95, 96, 97, 98, 99 Department of Labor Regulatory Review and Update AGENCY: Office of the Secretary, Department of Labor.
ACTION: Final rule; technical amendments. SUMMARY: The Department of Labor
(DOL)is amending existing regulations to update obsolete non-substantive or nomenclature references in the Code of Federal Regulations (CFR). This action is intended to improve the accuracy of the agency's regulations and does not impose any new regulatory or technical requirements. DATES: *Effective Date:* July 9, 2007. FOR FURTHER INFORMATION CONTACT: Kathleen Franks, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue, NW., Washington, DC 20210, Telephone
(202)693-5959. SUPPLEMENTARY INFORMATION: DOL's strategic outcome goal 4.2 measures the agency's success in creating a regulatory structure that promotes compliance flexibility and reduces regulatory burden. As part of this strategic goal, DOL is conducting an ongoing review of its regulations governing labor standards, pensions, health care, and worker safety to ensure that references in the CFR are accurate and current. This final rule corrects or removes obsolete non-substantive or nomenclature references in the CFR. For example, this rule changes references to superseded laws, adds CFR citations for OMB Circulars, and updates cross-references to standards established under other authorities such as the simplified acquisition threshold cross-referenced in 29 CFR part 95 and Federal audit thresholds in 29 CFR parts 96 and 99. Publication of this document constitutes final action on these changes under the Administrative Procedure Act (5 U.S.C. 553). Notice of Proposed Rulemaking is unnecessary since the agency is merely updating non-substantive and nomenclature references. Executive Order 12866 This rule has been drafted and reviewed in accordance with Executive Order 12866, section 1(b), Principles of Regulations. The agency has determined that this rule is not a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review. Accordingly, there is no requirement for an assessment of potential costs and benefits under section 6(a)(3) of that order. Regulatory Flexibility Act Because no notice of proposed rulemaking is required for this rule under section 553(b) of the Administrative Procedure Act (APA), the requirements of the Regulatory Flexibility Act (5 U.S.C. 601) pertaining to regulatory flexibility do not apply to this rule. See 5 U.S.C. 601(2). Paperwork Reduction Act This final rule is not subject to section 350(h) of the Paperwork Reduction Act (44 U.S.C. 3501) since it does not contain any new collection of information requirements. Publication in Final The Department has determined that these amendments need not be published as a proposed rule, pursuant to 5 U.S.C. 553(b)(A), since these changes are interpretive, procedural in nature, or relate to agency organization. Because this final rule does not make substantive amendments, the Department of Labor has determined that delaying the effective date of the rule is unnecessary and good cause exists under 5 U.S.C. 553(b)(B) to make this rule effective immediately upon publication in the **Federal Register** . Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not classified as a “rule” under Chapter 8 of the Small Business Regulatory Enforcement Fairness Act of 1996, because it is a rule pertaining to agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. See 5 U.S.C. 804(3)(C). List of Subjects 29 CFR Part 2 Administrative practice and procedure, Construction industry, Government contracts, Minimum wages. 29 CFR Part 11 Environmental impact statements. 29 CFR Part 14 Classified information. 29 CFR Part 16 Claims, Equal access to justice, Lawyers, Reporting and recordkeeping requirements. 29 CFR Part 20 Claims, Income taxes, Reporting and recordkeeping requirements, Wages. 29 CFR Part 22 Administrative practice and procedure, Claims, Fraud, Penalties. 29 CFR Part 70 Freedom of information. 29 CFR Part 71 Privacy. 29 CFR Part 75 Business and industry, Grant programs-business, Loan programs-business. 29 CFR Part 90 Administrative practice and procedure, Grant programs-labor, Reporting and recordkeeping requirements. 29 CFR Part 95 Accounting, Colleges and universities, Grant programs, Hospitals, Nonprofit organizations, Reporting and recordkeeping requirements. 29 CFR Part 96 Accounting, Administrative practice and procedure, Colleges and universities, Grant programs, Hospitals, Indians, Intergovernmental relations, Loan programs, Nonprofit organizations, Reporting and recordkeeping requirements. 29 CFR Part 97 Accounting, Grant programs, Indians, Reporting and recordkeeping requirements. 29 CFR Part 98 Administrative practice and procedure, Grant programs, Loan programs, Reporting and recordkeeping requirements. 29 CFR Part 99 Accounting, Administrative practice and procedures, Grant programs, Hospitals, Intergovernmental relations, Loan programs, Nonprofit organizations, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, DOL amends subtitle A of title 29, Code of Federal Regulations, as follows: PART 2—GENERAL REGULATIONS 1. The authority citation for 29 CFR part 2 continues to read as follows: Authority: 5 U.S.C. 301, Executive Order 13198, 66 FR 8497, 3 CFR 2001 Comp., p. 750; Executive Order 13279, 67 FR 77141, 3 CFR 2002 Comp., p. 258. § 2.6 [Amended] 2. In § 2.6(a), remove the words “General Accounting Office” and add, in their place, the words “Government Accountability Office” and in § 2.6(b), add the words “and Management” after the words “Assistant Secretary for Administration”. PART 11—DEPARTMENT OF LABOR NATIONAL ENVIRONMENTAL POLICY ACT
(NEPA)COMPLIANCE PROCEDURES 3. The authority citation for 29 CFR part 11 continues to read as follows: Authority: 42 U.S.C 4321 *et seq.* , Executive Order 11514, 40 CFR parts 1500-1508. § 11.2 [Amended] 4. In § 11.2, remove the words “the Employment and Training Administration
(ETA)(through one of its major programs, the Job Corps)” and add, in their place, the words “the Office of Job Corps” and remove the words “Comprehensive Employment and Training Act (29 U.S.C. 801, et. seq.)” and add, in their place, the words “Workforce Investment Act of 1998 (29 U.S.C. 2801, et seq.)”. § 11.10 [Amended] 5. In § 11.10(c)(1), remove the words “U.S. Employment Service” and add, in their place, the words “Office of Workforce Investment”. PART 14—SECURITY REGULATIONS 6. The authority citation for 29 CFR part 14 continues to read as follows: Authority: E.O. 12356 of April 2, 1982 (47 FR 14874). § 14.3 [Amended] 7. In § 14.3, revise paragraph
(a)to read as set forth below; and, in paragraph (b)(2), remove “1356” and add, in its place, “12356”. § 14.3 DOL Classification Review Committee.
(a)Composition of committee. The members of this Committee are: Chairperson—Deputy Assistant Secretary for Security and Emergency Management, OASAM. Member—Administrative Officer, Office of the Solicitor. Member—Director, Office of Foreign Relations, Bureau of International Labor Affairs. Advisor—DOL Document Security Officer. § 14.4 [Amended] 8. In § 14.4(a), remove the word “Under” and add, in its place, the word “Deputy”; and, in paragraph (i), remove the words “General Services Administration” and add, in their place, the words “National Archives and Records Administration”. § 14.20 [Amended] 9. In § 14.20(d), add the word “Labor” between the words “International Affairs”. § 14.21 [Amended] 10. In § 14.21, remove “1985” and add, in its place, “1958”; and, add the word “Labor” between the words “International Affairs”. PART 16—EQUAL ACCESS TO JUSTICE ACT 11. The authority citation for 29 CFR part 16 continues to read as follows: Authority: Pub. L. 96-481, 94 Stat. 2327 (5 U.S.C. 504). § 16.104 [Amended] 12. In § 16.104(a)(4) heading, remove the words “Office of Civil Rights” and add, in their place, the words “Civil Rights Center”; in paragraph (a)(5)(i), remove the words “Comprehensive Employment and Training Act at 29 U.S.C. 818” and add, in their place, the words “Workforce Investment Act at 29 U.S.C. 2936”; and, in the same paragraph, remove the word “CETA” and add, in its place, the word “WIA”. § 16.107 [Amended] 13. In § 16.107(c), remove “$75.00” and add, in its place, “$125.00”. PART 20—FEDERAL CLAIMS COLLECTION 14. The authority citation for 29 CFR part 20 continues to read as follows: Authority: 31 U.S.C. 3711 *et seq.* ; Subpart D is also issued under 5 U.S.C. 5514; Subpart E is also issued under 31 U.S.C. 3720A. §§ 20.75, 20.76 [Amended] 15. Remove the words “General Accounting Office” and add, in their place, the words “Government Accountability Office” in the following places: a. Section 20.75(c) in two places; and b. Section 20.76(g). PART 22—PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 16. The authority citation for 29 CFR part 22 continues to read as follows: Authority: Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874, 31 U.S.C. 3801-3812. 17. Revise § 22.2(l) and (q)(3) to read as follows: § 22.2 Definitions.
(l)*Investigating official* means the Inspector General of the Department of Labor or an officer or employee of the Office of the Inspector General designated by the Inspector General and serving in a Senior Executive Service position.
(q)* * *
(3)Serving in a Senior Executive Service position. PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS 18. The authority citation for 29 CFR part 70 continues to read as follows: Authority: 5 U.S.C. 301, 5 U.S.C. 552, as amended; Reorganization Plan No. 6 of 1950, 5 U.S.C. Appendix; E.O. 12600, 52 FR 23781, 3 CFR, 1988 Comp., p. 235. Appendix A to Part 70—[Amended] 19. Amend Appendix A to Part 70 as follows: a. In paragraph (b)(1), remove the words “Director, Office of Participant Assistance & Communications, Employee Benefits Security Administration (EBSA)” and add, in their place, the words “Director, Office of Participant Assistance, Employee Benefits Security Administration (EBSA)”; and, revise the entry “Employment and Training Administration” and the accompanying list numbered 1-25 as set forth below. b. In paragraph (b)(2) to Appendix A, for the Employee Benefits Security Administration Regional Director or District Supervisor revise entries 2, 10, and 13 as set forth below. c. In paragraph (b)(2) to Appendix A, amend the entry for the Regional Administrators, Veterans' Employment and Training Service
(VETS)by removing Regions I through X and adding in their place entries 1 through 6 as set forth below. The revisions read as follows: Appendix A to Part 70—Disclosure Officers
(b)* * *
(1)* * * Employment and Training Administration 1. Assistant Secretary for Employment and Training, ETA. 2. Deputy Assistant Secretary, Workforce Investment System, ETA. 3. Administrator, Office of Workforce Investment, ETA. 4. Administrator, Office of Workforce Security, ETA. 5. Administrator, Office of National Response, ETA. 6. Director, Division of Trade Adjustment Assistance, ETA. 7. Administrator, Office of Field Operations, ETA. 8. Regional Administrator, Boston, ETA. 9. Regional Administrator, Philadelphia, ETA. 10. Regional Administrator, Atlanta, ETA. 11. Regional Administrator, Dallas, ETA. 12. Regional Administrator, Chicago, ETA. 13. Regional Administrator, San Francisco, ETA. 14. Deputy Assistant Secretary, Administration & National Activity, ETA. 15. Administrator, Office of Foreign Labor Certification, ETA. 16. Administrator, Office of Apprenticeship, ETA. 17. Regional Director, Office of Apprenticeship, Boston, ETA. 18. Regional Director, Office of Apprenticeship, Philadelphia, ETA. 19. Regional Director, Office of Apprenticeship, Atlanta, ETA. 20. Regional Director, Office of Apprenticeship, Dallas, ETA. 21. Regional Director, Office of Apprenticeship, Chicago, ETA. 22. Regional Director, Office of Apprenticeship, San Francisco, ETA. 23. Administrator, Office of Policy Development & Research, ETA. 24. Administrator, Office of Financial & Administrative Management, ETA. 25. Director, Office of Financial and Administrative Services, ETA. 26. Director, Office of Grants and Contracts Management, ETA. 27. Chief, Division of Contract Services, ETA. 28. Chief, Division of Federal Assistance, ETA. 29. Director, Office of Human Resources, ETA. 30. Director, Office of Equal Employment Opportunity, ETA. 31. Director, Office of Special Programs & Emergency Preparedness, ETA; and 32. Administrator, Office of Performance & Technology, ETA.
(2)* * * Employee Benefits Security Administration Regional Director or District Supervisor 2. Regional Director, 33 Whitehall Street, Suite 1200, New York, NY 10004. 10. Regional Director, Two Pershing Square Building, 2300 Main Street, Suite 1100, Kansas City, MO 64108. 13. Regional Director, 90 7th Street, Suite 11-300, San Francisco, CA 94103. Regional Administrators, Veterans' Employment and Training Service
(VETS)1. J.F. Kennedy Federal Building, Government Center, Room E-315, Boston, Massachusetts 02203. 2. The Curtis Center, Suite 770 West, 170 S. Independence Mall West, Philadelphia, PA 19106-2205. 3. Atlanta Federal Center, 61 Forsyth Street, SW., Room 6T85, Atlanta, Georgia 30303. 4. 230 South Dearborn, Room 1064, Chicago, Illinois 60604. 5. 525 Griffin Street, Room 858, Dallas, Texas 75202. 6. 90 Seventh Street, Suite 2-600, San Francisco, California 94103. PART 71—PROTECTION OF INDIVIDUAL PRIVACY AND ACCESS TO RECORDS UNDER THE PRIVACY ACT OF 1974 20. The authority citation for 29 CFR part 71 continues to read as follows: Authority: 5 U.S.C. 301; 5 U.S.C. 552a as amended; Reorganization Plan No. 6 of 1950, 5 U.S.C. Appendix. § 71.51 [Amended] 21. In § 71.51(a)(5), remove the words “Directorate of Civil Rights” and add, in their place, the words “Civil Rights Center”; and in paragraph (a)(34) remove the words “Division of Civil Rights” and add, in their place, the words “Division of Civil Rights and Labor Management”. 22. Revise Appendix A to Part 71 to read as follows: Appendix A to Part 71—Responsible Officials (a)(1) The titles of the responsible officials of the various independent agencies in the Department of Labor are listed below. This list is provided for information and to assist requesters in locating the office most likely to have responsive records. The officials may be changed by appropriate designation. Unless otherwise specified, the mailing addresses of the officials shall be: U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210-0002. When addressing communications to an office or division within a Department of Labor agency, include the agency and sub-agency name. Administrative Review Board
(ARB)Chairperson Office of the Assistant Secretary for Policy
(OASP)Assistant Secretary for Policy Deputy Assistant Secretary Bureau of Labor Statistics
(BLS)Commissioner Associate Commissioner, Office of Administration The mailing address for responsible officials in the Bureau of Labor Statistics is: Rm. 4040—Postal Square Bldg., 2 Massachusetts Ave., NE., Washington, DC 20212-0001. Benefits Review Board
(BRB)Chief Administrative Appeals Judge Employee Benefits Security Administration
(EBSA)Director, Office of Participant Assistance Employees' Compensation Appeals Board
(ECAB)Chairperson Employment Standards Administration
(ESA)Assistant Secretary for Employment Standards Director, Equal Employment Opportunity Unit Office of Management, Administration and Planning Director, Office of Management, Administration and Planning Office of Workers' Compensation Programs Director, Office of Workers' Compensation Programs Deputy Director, Office of Workers' Compensation Programs Special Assistant to the Director Director for Division of Planning, Policy, and Standards Director for Federal Employees' Compensation Director for Longshore and Harbor Workers' Compensation Director for Coal Mine Workers' Compensation Director for Energy Employees Occupational Illness Compensation Wage and Hour Division Administrator Deputy Administrator Deputy National Office Program Administrator Director, Office of Enforcement Policy Deputy Director, Office of Enforcement Policy Director, Office of Planning and Analysis Director, Office of Wage Determinations Director, Office of External Affairs Office of Federal Contract Compliance Programs Deputy Assistant Secretary for Federal Contract Compliance Programs Deputy Director, Office of Federal Contract Compliance Programs Director, Division of Policy, Planning and Program Development Deputy Director, Division of Policy, Planning and Program Development Director, Division of Program Operations Deputy Director, Division of Program Operations Director, Division of Management and Administrative Programs Office of Labor-Management Standards Deputy Assistant Secretary for Labor-Management Standards Employment and Training Administration
(ETA)Assistant Secretary of Labor Deputy Assistant Secretary, Workforce Investment System Administrator, Office of Workforce Investment Administrator, Office of Workforce Security Administrator, Office of National Response Director, Division of Trade Adjustment Assistance Administrator, Office of Field Operations Regional Administrator, Boston Regional Administrator, Philadelphia Regional Administrator, Atlanta Regional Administrator, Dallas Regional Administrator, Chicago Regional Administrator, San Francisco Deputy Assistant Secretary, Administration & National Activity Administrator, Office of Foreign Labor Certification Administrator, Office of Apprenticeship Regional Director, Office of Apprenticeship, Boston Regional Director, Office of Apprenticeship, Philadelphia Regional Director, Office of Apprenticeship, Atlanta Regional Director, Office of Apprenticeship, Dallas Regional Director, Office of Apprenticeship, Chicago Regional Director, Office of Apprenticeship, San Francisco Administrator, Office of Policy Development & Research Administrator, Office of Financial & Administrative Management Director, Office of Financial and Administrative Services Director, Office of Grants and Contracts Management Chief, Division of Contract Services Chief, Division of Federal Assistance Director, Office of Human Resources Director, Office of Equal Employment Opportunity Director, Office of Special Program & Emergency Preparedness Administrator, Office of Performance & Technology Bureau of International Labor Affairs
(ILAB)Deputy Undersecretary, Office of the Deputy Undersecretary Office of Job Corps
(OJC)National Director Regional Director, Boston Regional Director, Philadelphia Regional Director, Atlanta Regional Director, Chicago Regional Director, Dallas Regional Director, San Francisco Mine Safety and Health Administration
(MSHA)Director of Office of Standards, Regulations, and Standards The mailing address for the responsible official in the Mine Safety and Health Administration is: 1100 Wilson Boulevard, Arlington, Virginia 22209. Office of the Administrative Law Judges
(OALJ)Chief Administrative Law Judge Legal Counsel The mailing address for the Office of Administrative Law Judges is: Chief, Office of Administrative Law Judges, 800 K Street, NW., Suite N-400, Washington, DC 20001-8002. Office of Adjudicatory Services
(OAS)Executive Director Office of the Assistant Secretary for Administration and Management (OASAM) Deputy Assistant Secretary for Operations Deputy Assistant Secretary for Budget and Performance Planning Deputy Assistant Secretary for Security and Emergency Management Director, Business Operations Center Director, Civil Rights Center Director, Human Resources Center Director, Information Technology Center Director, Departmental Budget Center Director, Center for Program Planning and Results Office of the Chief Financial Officer
(OCFO)Chief Financial Officer Associate Deputy Secretary for Adjudication Office of Congressional and Intergovernmental Affairs
(OCIA)Assistant Secretary Deputy Assistant Secretary Office of Disability Employment Policy
(ODEP)Assistant Secretary Deputy Assistant Secretary Director, Policy and Research Director, Operations Office of the Inspector General
(OIG)Disclosure Officer Office of Public Affairs
(OPA)Assistant Secretary Deputy Assistant Secretary Office of the Secretary of Labor
(OSEC)Secretary of Labor, Attention: Assistant Secretary for Administration and Management Office of Small Business Programs
(OSBP)Director Office of the Solicitor of Labor
(SOL)Deputy Solicitor Occupational Safety and Health Administration
(OSHA)Assistant Secretary Deputy Assistant Secretary
(2)Director, Office of Communications Director, Office of Equal Employment Opportunity Director, Directorate of Administrative Programs Director, Directorate of Construction Director, Directorate of Cooperative and State Programs Director, Directorate of Enforcement Programs Director, Directorate of Evaluation and Analysis Director, Directorate of Information Technology Director, Directorate of Science, Technology and Medicine Director, Directorate of Standards and Guidance Director, Directorate of Training and Education The mailing address for OSHA's Directorate of Training and Education is 2020 South Arlington Heights Road, Arlington Heights, Illinois 60005-4102. Regional Administrator, Boston Regional Administrator, New York Regional Administrator, Philadelphia Regional Administrator, Atlanta Regional Administrator, Chicago Regional Administrator, Dallas Regional Administrator, Kansas City Regional Administrator, Denver Regional Administrator, San Francisco Regional Administrator, Seattle Veterans' Employment and Training Service
(VETS)Assistant Secretary Deputy Assistant Secretary Director, Office of Agency, Management and Budget Women's Bureau Director National Office Coordinator
(2)The titles of the responsible officials in the *regional offices* of the various independent agencies are listed below. Unless otherwise specified, the mailing address for these officials by region, shall be: Region I U.S. Department of Labor, John F. Kennedy Federal Building, Boston, Massachusetts 02203 Region II 201 Varick Street, New York, New York 10014 Region III Gateway Building, 3535 Market Street, Philadelphia, Pennsylvania 19104 Curtis Center, 170 South Independence Mall West, Philadelphia, PA 19106-3305 (BLS only) This also is an OSHA address. Region IV U.S. Department of Labor, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303 Region V Kluczynski Federal Building, 230 South Dearborn Street, Chicago, Illinois 60604 1240 East Ninth Street, Room 851, Cleveland, Ohio 44199 (FEC only) Region VI 525 Griffin Square Building, Griffin & Young Streets, Dallas, Texas 75202 Region VII City Center Square Building, 1100 Main Street, Kansas City, Missouri 64105-2112 (For BLS only: contact Region VI.) Region VIII 1999 Broadway Street, Denver, Colorado 80202 (For BLS only: contact Region VI.) Region IX San Francisco Federal Building, 90-7th Street, San Francisco, California 94103 Region X 1111 Third Avenue, Seattle, Washington 98101-3212 (For BLS only: contact Region IX.) Employee Benefits Security Administration
(EBSA)Regional Director or District Supervisor Regional Director, J.F.K. Federal Bldg., Room 575, Boston, Massachusetts 02203 Regional Director, 33 Whitehall Street, Suite 1200, New York, NY 10004 Regional Director, The Curtis Center, 170 S. Independence Mall West, Suite 870 West, Philadelphia, PA 19106 District Supervisor, 1335 East-West Highway, Suite 200, Silver Spring, MD 20910 Regional Director, 61 Forsyth Street, S.W., Room 7B54, Atlanta, Georgia 30303 District Supervisor, 8040 Peters Road, Building H, Suite 104, Plantation, Florida 33324 Regional Director, 1885 Dixie Highway, Suite 210, Ft. Wright, Kentucky 41011 District Supervisor, 211 West Fort Street, Suite 1310, Detroit, Michigan 48226-3211 Regional Director, 200 West Adams Street, Suite 1600, Chicago, Illinois 60606 Regional Director, Two Pershing Square Building, 2300 Main Street, Suite 1100, Kansas City, MO 64108 District Supervisor, Young Federal Building, 1222 Spruce Street, Room 6310, St. Louis, MO 63103 Regional Director, 525 Griffin Street, Room 900, Dallas, Texas 75202 Regional Director, 90 7th Street, Suite 11-300, San Francisco, CA 94103 District Director, 1111 Third Avenue, Room 860, Seattle, Washington 98101-3212 Regional Director, 1055 E. Colorado Boulevard, Suite 200, Pasadena, CA 91106 Employment Standards Administration
(ESA)Regional Administrator for Wage and Hour, Regional Director for Federal Contract Compliance Programs, Regional Director for the Office of Workers' Compensation Programs, District Director, Office of Workers' Compensation Programs, Employment Standards Administration Wage and Hour Division, ESA Northeast Region The Curtis Center, Suite 850, 170 S. Independence Mall West, Philadelphia, PA 19106 Southeast Region U.S. Department of Labor, Atlanta Federal Center, Room 7M40, 61 Forsyth Street, SW., Atlanta, GA, 30303 Midwest Region 230 South Dearborn Street, Suite 530, Chicago, Illinois 60604 Southwest Region 525 Griffin Street, Suite 800, Dallas, TX 75202 Western Region 71 Stevenson Street, Suite 930, San Francisco, California 94105 Office of Federal Contract Compliance Programs, ESA JFK Federal Building, Room E-235, Boston, Massachusetts 02203 201 Varick Street, Room 750, New York, New York 10014 Curtis Center Suite 750 West, 170 S. Independence Mall West, Philadelphia, PA 19106 61 Forsyth Street, SW, Suite 7B75, Atlanta, Georgia 30303 Klucynski Federal Building, Room 570, 230 South Dearborn Street, Chicago, Illinois 60604 Federal Building, Room 840, 525 South Griffin Street, Dallas, Texas 75202 71 Stevenson Street, Suite 1700, San Francisco, California 94105-2614 Office of Workers' Compensation Programs, District Directors National Office 800 North Capitol Street NW., Room 800, Washington, DC 20211 (FECA Only) FAB Offices 800 N. Capitol Street, Room 565, Washington, DC 20211 (EEOIC Only) 400 West Bay Street, Room 722, Jacksonville, FL 32202 (EEOIC Only) 1001 Lakeside Avenue Suite 350, Cleveland, OH 44114 (EEOIC Only) 1999 Broadway, Suite 1120, Denver, CO 80202 (EEOIC Only) 719 Second Avenue, Suite 601, Seattle, WA 98104 (EEOIC Only) Northeast Region 201 Varick Street, Seventh Floor, Room 750, New York, NY 10014 (FECA and LHWCA only) 201 Varick Street, Seventh Floor, Room 740, New York, New York 10014 (FECA and LHWCA only) John F. Kennedy, Federal Building, Room E-260, Boston, Massachusetts 02203 (FECA and LHWCA Only) Philadelphia Region Curtis Center, Suite 780 West, 170 S. Independence Mall West, Philadelphia, PA 19106 (FECA only) Curtis Center, Suite 715 East, 170 S. Independence Mall West, Philadelphia, PA 19106 (FECA only) Penn Traffic Building, 319 Washington Street, Johnstown, Pennsylvania 15901 (BLBA only) 100 North Wilkes Barre Blvd., Suite 300A, Wilkes-Barre, Pennsylvania 18702 (BLBA only) Wellington Square, 1225 South Main Street, Suite 405, Greensburg, Pennsylvania 15601 (BLBA only) Federal Building, 31 Hopkins Plaza, Room 410B, Baltimore, Maryland 21201 (LHWCA Only) Federal Building, 200 Granby Mall, Room #212, Norfolk, Virginia 23510 (LHWCA only) Federal Building, 500 Quarrier Street, Suite 110, Charleston, West Virginia 25301 (BLBA Only) Federal Building, 425 Juliana Street, Suite 3116, Parkersburg, West Virginia 26101 (BLBA Only) Jacksonville Region 400 West Bay Street, Suite 943, Jacksonville, FL 32202 (FECA, EEOIC and LHWC) 400 West Bay Street, Room 826, Jacksonville, FL 32202 (FECA only) 164 Main Street, Fifth Floor, Suite 508, Pikeville, Kentucky 41501 (BLBA only) 400 West Bay Street, Room 63A, Jacksonville, Florida 32202 (LHWCA only) 400 West Bay Street, Room 722, Jacksonville, Florida 32202 (DEEOIC only) Midwest Region 230 South Dearborn Street, 8th Floor, Room 800, Chicago, Illinois 60604
(FECA)1240 East Ninth Street, Room 851, Cleveland, Ohio 44199 (FECA Only) 1160 Dublin Road, Suite 300, Columbus, Ohio 43215 (BLBA Only) City Center Square, 1100 Main Street, Suite 750, Kansas City, Missouri 64105 (FECA Only) North Point Tower, 1001 Lakeside Ave, Suite 350, Cleveland, OH 44114 (EEOIC Only) Southwest Region 525 South Griffin Street, Room 407, Federal Building, Dallas, Texas 75202 (FECA and DLHWC) 525 South Griffin Street, Room 100, Federal Building, Dallas, Texas 75202 (FECA Only) P.O. Box 30728 New Orleans, Louisiana 70190 (LHWCA Only) 8866 Gulf Freeway, Suite 140, Houston, Texas 77017 (LHWCA Only) 1999 Broadway, Suite 600, Denver, Colorado 80202 (FECA and BLBA Only) 1999 Broadway, Suite 1120, Denver, Colorado 80202 (DEEOIC) Pacific Region 71 Stevenson Street, Room 1705, San Francisco, California 94105 (LHWCA and FECA) 71 Stevenson Street, Room 305, San Francisco, California 94105 (LHWCA and FECA) 401 E. Ocean Boulevard, Suite 720, Long Beach, California 90802 (LHWCA Only) 300 Ala Moana Boulevard, Room 5-135, Honolulu, Hawaii 96850 (LHWCA Only) 1111 Third Avenue, Suite 620, Seattle, Washington 98101 (LHWCA only) 1111 Third Avenue, Suite 650, Seattle, Washington 98101 (FECA only) 719 Second Avenue, Suite 601, Seattle, Washington 98101 (DEEOIC only) Employment and Training Administration
(ETA)Region I U.S. Department of Labor, John F. Kennedy Federal Building, Room E-350, Boston, Massachusetts 02203 Region II The Curtis Center 170 South Independence Mall West, Suite 825 East, Philadelphia, PA 19106-3315 Region III Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Room 6M12, Atlanta, Georgia 30303 Region IV A. Maceo Smith Federal Building 525 S. Griffin Street, Room 317, Dallas, TX 75202 Region V John Kluczynski Federal Building, 230 South Dearborn Street, Room 628, Chicago, Illinois 60604 Region VI 71 Stevenson Street, Room 830, San Francisco, California 94119-3767 Office of Job Corps Boston Region John F. Kennedy Federal Building E-350, Boston, Massachusetts 02203 Philadelphia Region The Curtis Center, Suite 815 East, 170 South Independence Mall West, Philadelphia, Pennsylvania, 19106 Atlanta Region 62 Forsyth Street, Room 6T95, Atlanta, Georgia 30303 Chicago Region Federal Building, 230 South Dearborn Street, Room 676, Chicago, Illinois 60604 Dallas Region 525 Griffin Street, Room 403, Dallas, Texas 75202 San Francisco Region 71 Stevenson Street, Suite 1015, San Francisco, California 94105 Office of the Assistant Secretary for Administration and Management (OASAM) Region I Regional Administrator—John F. Kennedy Federal Building E 215, Boston, MA 02203 Region II Regional Administrator—201 Varick Street, Room 815, New York, NY 10014 Region III Regional Administrator—The Curtis Center, Suite 600 East, 170 S. Independence Mall West, Philadelphia, PA 19106-3305 Region IV Regional Administrator—Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Room 6B65, Atlanta, GA 30303 Region V Regional Administrator—230 South Dearborn Street, 10th Floor, Chicago, IL 60604 Region VI Regional Administrator—525 Griffin Street, Room 744, Dallas, TX 75202 Region VII Regional Administrator—1100 Main Street, Suite 850, Kansas City, MO 64105-2112 Region IX Regional Administrator—71 Stevenson Street, Suite 515, San Francisco, CA 94105 Region X Regional Administrator—1111 3rd Avenue, Suite 815, Seattle, WA 98101-3212 Occupational Safety and Health Administration
(OSHA)Regional Administrator—John F. Kennedy Federal Building, Room E-340, Boston, Massachusetts 02203 Area Director Federal Office Building, 450 Main Street, Room 613, Hartford, Connecticut 06103 1057 Broad Street, 4th Floor, Bridgeport, Connecticut 06604 639 Granite Street, 4th Floor, Braintree, Massachusetts 02184 1441 Main Street, Room 550, Springfield, Massachusetts 01103-1493 Valley Office Park, 13 Branch Street, Methuen, Massachusetts 01844 E.S. Muskie Federal Building, 40 Western Avenue, Room G-26, Augusta, Maine 04330 202 Harlow Street, Room 240, Bangor, Maine 04401 53 Pleasant Street, Room 3901, Concord, New Hampshire 03301 Federal Office Building, 380 Westminster Mall, Room 543, Providence, Rhode Island 02903 Regional Administrator—201 Varick Street, Room 670, New York, New York 10014 Area Director 500 Route 17 South, 2nd Floor, Hasbrouck Heights, New Jersey 07604 Marlton Executive Park, Building 2, 701 Route 73 South, Suite 120, Marlton, New Jersey 08053 1030 St. Georges Avenue, Plaza 35, Suite 205, Avenel, New Jersey 07001 299 Cherry Hill Road, Suite 103, Parsippany, New Jersey 07054 201 Varick Street, Room 908, New York, New York 10014 1400 Old Country Road, Suite 208, Westbury, New York 11590 45-17 Marathon Parkway, Little Neck, New York 11362 401 New Karner Road, Suite 300, Albany, New York 12205-3809 3300 Vickery Road, North Syracuse, New York 13212 130 South Elmwood Avenue, Room 500, Buffalo, New York 14202-2465 660 White Plains Road, 4th Floor, Tarrytown, New York 10591-5107 Triple S Building, 1510 F.D. Roosevelt Avenue, Suite 5B, Guaynabo, Puerto Rico 00968 Regional Administrator—The Curtis Center—Suite 740 West, 170 South Independence Mall West, Philadelphia, PA 19106-3309 919 Market Street, Mellon Bank Building, Suite 900, Wilmington, Delaware 19801-3319 1099 Winterson Road, Suite 140, Linthicum, Maryland 21090-2218 U.S. Custom House, Room 242, Second & Chestnut Street, Philadelphia, Pennsylvania 19106-2902 Federal Building, 1000 Liberty Avenue, Room 1428, Pittsburgh, Pennsylvania 15222-4101 1128 State Street, Suite 200, Erie, Pennsylvania 16501 The Stegmaier Building, Suite 410, 7 North Wilkes-Barre Boulevard, Wilkes-Barre, Pennsylvania 18702-5241 850 North 5th Street, Allentown, Pennsylvania 18102-1731 Progress Plaza, 49 North Progress Avenue, Harrisburg, Pennsylvania 17109-3596 Federal Office Building, 200 Granby Street, Room 614, Norfolk, Virginia 23510-1819 405 Capitol Street, Suite 407, Charleston, West Virginia 25301-1727 Regional Administrator—Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Room 6T50, Atlanta, Georgia 30303 Area Director 950 22nd Street North, Suite 1050, Birmingham, Alabama 35203 1141 Montlimar Drive, Suite 1006, Mobile, Alabama 36609 8040 Peters Road, Building H-100, Fort Lauderdale, Florida 33324 Ribault Building, Suite 227, 1851 Executive Center Drive, Jacksonville, Florida 32207 5807 Breckenridge Parkway, Suite A, Tampa, Florida 33610-4249 2400 Herodian Way, Suite 250, Smyrna, Georgia 30080-2968 450 Mall Boulevard, Suite J, Savannah, Georgia 31406 La Vista Perimeter Office Park, 2183 N. Lake Parkway, Building 7, Suite 110, Tucker, Georgia 30084-4154 John C. Watts Federal Building, 330 West Broadway, Room 108, Frankfort, Kentucky 40601-1922 3780 I-55 North, Suite 210, Jackson, Mississippi 39211-6323 4407 Bland Road, Suite 210, Raleigh, North Carolina 27609 Strom Thurman Federal Building, 1835 Assembly Street, Room 1472, Columbia, South Carolina 29201-2453 2002 Richard Jones Road, Suite C-205, Nashville, Tennessee 37215-2809 Regional Administrator—John Kluczynski Federal Building, 230 South Dearborn Street, Room 3244, Chicago, Illinois 60604 Area Director 1600 167th Street, Suite 9, Calumet City, Illinois 60409 701 Lee Street, Suite 950, Des Plaines, Illinois 60016 365 Smoke Tree Plaza, North Aurora, Illinois 60542 11 Executive Drive, Suite 11, Fairview Heights, Illinois 62208 2918 W. Willow Knolls Road, Peoria, Illinois 61614 46 East Ohio Street, Room 423, Indianapolis, Indiana 46204 315 West Allegan, Room 207, Lansing, Michigan 48933 Federal Office Building, 1240 East 9th Street, Room 899, Cleveland, Ohio 44199 Federal Office Building, 200 N. High Street, Room 620, Columbus, Ohio 43215 420 Madison Avenue, Suite 600, Toledo, Ohio 43604 36 Triangle Park Drive, Cincinnati, Ohio 45246 1648 Tri Parkway, Appleton, Wisconsin 54914 Henry S. Reuss Building, Room 1180, 310 West Wisconsin Avenue, Milwaukee, Wisconsin 53203 1310 W. Clairemont Avenue, Eau Claire, Wisconsin 54701 4802 East Broadway, Madison, Wisconsin 53716 Regional Administrator—A. Maceo Smith Federal Building, 525 S. Griffin Street, Room 602, Dallas, TX 75202 Area Director 10810 Executive Center Drive, Danville Building 2, Suite 206, Little Rock, Arkansas 72211 9100 Bluebonnet Centre Blvd., Suite 201, Baton Rouge, Louisiana 70809 55 North Robinson, Suite 315, Oklahoma City, Oklahoma 73102-9237 8344 East R.L. Thornton Freeway, Suite 420, Dallas, Texas 75228 La Costa Green Building, 1033 La Posada, Suite 375, Austin, Texas 78752-3832 Wilson Plaza, 606 N. Carancahua, Suite 700, Corpus Christi, Texas 78476 Federal Office Building, 1205 Texas Avenue, Room 806, Lubbock, Texas 79401 Houston North Area Office, 507 North Sam Houston Parkway East, Suite 400, Houston, Texas 77060 17625 El Camino Real, Suite 400, Houston, Texas 77058 8713 Airport Freeway, Suite 302, Fort Worth, Texas 76180-7610 4849 North Mesa Street, Suite 200, El Paso, Texas 79912-5936 Regional Administrator—City Center Square, 1100 Main Street, Suite 800, Kansas City, Missouri 64105 Area Director 210 Walnut Street, Room 815, Des Moines, Iowa 50309-2015 271 W. 3rd Street North, Room 400, Wichita, Kansas 67202 6200 Connecticut Avenue, Suite 100, Kansas City, Missouri 64120 911 Washington Avenue, Room 420, St. Louis, Missouri 63101 Overland—Wolf Building, 6910 Pacific Street, Room 100, Omaha, Nebraska 68106 Regional Administrator—1999 Broadway, Suite 1690, Denver, Colorado 80202 Area Director 7935 East Prentice Avenue, Suite 209, Greenwood Village, Colorado 80011-2714 1391 Speer Boulevard, Suite 210, Denver, Colorado 80204-2552 2900 Fourth Avenue North, Suite 303, Billings, Montana 59101 1640 East Capitol Avenue, Bismarck, North Dakota 58501 Regional Administrator—90 7th Street, Suite 18-100, San Francisco, California 94103 Regional Administrator—1111 Third Avenue, Suite 715, Seattle, Washington 98101-3212 Area Director 222 W. 7th Avenue, Box 22, Anchorage, Alaska 99513 1150 North Curtis Road, Suite 201, Boise, Idaho 83706 1220 Southwest 3rd Avenue, Room 640, Portland, Oregon 97204 505 106th Avenue NE, Suite 302, Belleview, Washington 98004 Veterans' Employment and Training Service
(VETS)Regional Administrators Boston Regional Office J.F. Kennedy Federal Building, Government Center, Room E-315, Boston, Massachusetts 02203 Philadelphia Regional Office The Curtis Center, Suite 770 West, 170S. Independence Mall West, Philadelphia, PA 19106-2205 Atlanta Regional Office Atlanta Federal Center, 61 Forsyth Street, SW., Room 6T85, Atlanta, Georgia 30303 Chicago Regional Office 230 South Dearborn, Room 1064, Chicago, Illinois 60604 Dallas Regional Office 525 Griffin Street, Room 858, Dallas, Texas 75202 San Francisco Regional Office 90 Seventh Street Suite 2-600, San Francisco, California 94103 PART 75—DEPARTMENT OF LABOR REVIEW AND CERTIFICATION PROCEDURES FOR RURAL INDUSTRIALIZATION LOAN AND GRANT PROGRAMS UNDER THE CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT 23. The authority citation for 29 CFR part 75 continues to read as follows: Authority: Sec. 118, Pub. L. 92-419, 86 Stat. 663 (7 U.S.C. 1932). § 75.1 [Amended] 24. In § 75.1(a), add the word “(USDA)” after the words “U.S. Department of Agriculture”; and, in paragraph
(c)remove the words “, with the objective of complying with the intent of Congress that most applications will be acted upon”. § 75.11 [Amended] 25. Amend § 75.11 as follows: a. In paragraphs (a)(1)(ii), (a)(1)(iii), (a)(2), (b)(1)(ii), and (b)(1)(iii), remove the word “FHA” and add, in its place, the word “RD”; b. In paragraph (b)(2) remove the words “State Employment Security Agencies” and add, in their place, the words “State workforce agencies”; and c. In paragraph (b)(1)(iv) remove the word “reports” and add, in its place, the word “Reports”. §§ 75.1, 75.11 [Amended] 26. Amend §§ 75.1, and 75.11 as follows: a. In § 75.1(b) and § 75.11(a), remove the words “Manpower Administration (MA)” and add, in their place, the words “Employment and Training Administration (ETA)”. b. In § 75.1(a) and § 75.11(b)(3), remove the words “Farmers Home Administration” and add, in their place, the words “Rural Development Administration”. c. In § 75.1(c) in two places and in § 75.11(b)(6), remove the words “the Department of Agriculture” and add, in their place, the word “USDA”. d. In § 75.1(b), (c), and § 75.11, (b)(2) and (b)(5), remove the number “60” and add, in its place, the number “30”. e. In § 75.1(a) in two places, and § 75.11(a)(1), (a)(2) in three places, (a)(3) in two places, (a)(4), (b)(1) introductory text, (b)(1)(iv), (b)(2), and (b)(5) in two places, remove the word “FmHA” and add, in its place, the word “RDA”. f. In § 75.11(a)(1) introductory text, (a)(1)(iii), (a)(2), (a)(3) in three places, (a)(4), (b)(1) introductory text in two places, (b)(1)(iv), (b)(2) in four places, (b)(3), (b)(4), and (b)(5), remove the word “MA” and add, in its place, the word “ETA”. PART 90—CERTIFICATION OF ELIGIBILITY TO APPLY FOR WORKER ADJUSTMENT ASSISTANCE 27. The authority citation for 29 CFR part 90 continues to read as follows: Authority: 19 U.S.C 2320; Secretary's Order No. 3-2007, 72 FR 15907. § 90.2 [Amended] 28. In § 90.2, remove the definition of “Deputy Director”. §§ 90.2, 90.11, 90.18, 90.31 [Amended] 29. Remove the words “601 D Street, NW., Washington, DC 20213, and add, in their place, the words “200 Constitution Avenue, NW., Washington DC 20210” in the following places: a. Section 90.2; b. Section 90.11(c); c. Section 90.18(a); and d. Section 90.31(a). §§ 90.2, 90.11, 90.12, 90.17, 90.18, 90.21, 90.31, 90.32, 90.33 [Amended] 30. Remove the words “Office of Trade Adjustment Assistance”, and add, in their place, the words, “Division of Trade Adjustment Assistance” in the following places: a. Section 90.2 in four places; b. Section 90.11(c); c. Section 90.12; d. Section 90.17(a); e. Section 90.18(a) f. Section 90.21(a); g. Section 90.31(a) in two places and in (b); h. Section 90.32(a); and i. Section 90.33(c). §§ 90.13, 90.14, 90.19 [Amended] 31. In § 90.13(a)(2), (d), § 90.14 (a), (b), (d), and § 90.19(c), remove the words “or Deputy Director”. § 90.11 [Amended] 32. In § 90.11(c), remove the words “State Employment Security Agency” and add, in their place, the words “State workforce agency”. § 90.34 [Amended] 33. In § 90.34, remove the words “State Employment Security Agencies” and add, in their place, the words “State workforce agencies”. § 90.35 [Removed and reserved] 34. Remove and reserve § 90.35. PART 95—GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS, AND WITH COMMERCIAL ORGANIZATIONS, FOREIGN GOVERNMENTS, ORGANIZATIONS UNDER THE JURISDICTION OF FOREIGN GOVERNMENTS, AND INTERNATIONAL ORGANIZATIONS 35. The authority citation for 29 CFR part 95 is revised to read as follows: Authority: 5 U.S.C. 301; OMB Circular A-110, as amended, as codified at 2 CFR part 215. § 95.2 [Amended] 36. In § 95.2(ii), remove the words “small purchase threshold” and add, in their place, the words “simplified acquisition threshold”, and remove the words “currently $25,000” and add, in their place, the words “currently $100,000, subject to adjustment for inflation”. §§ 95.25, 95.27 [Amended] 37. In § 95.25(c)(6) and § 95.27, remove the words “Circular A-21,” and add, in their place, the words “Circular A-21 (codified at 2 CFR part 220),” and remove the words “Circular A-122,” and add, in their place, the words “Circular A-122 (codified at 2 CFR part 230),”. § 95.27 [Amended] 38. In § 95.27, remove the words “Circular A-87”, and add, in their place, the words “Circular A-87 (codified at 2 CFR part 225),”. 39. Revise § 95.28 to read as follows: § 95.28 Period of availability of funds.
(a)Where a funding period is specified, a recipient may charge to the grant only allowable costs resulting from obligations incurred during the funding period and any pre-award costs authorized by DOL.
(b)Where an expenditure period is specified, a grantee may charge to the award only the accrued expenditures incurred during the expenditure period. § 95.44 [Amended] 40. Amend § 95.44 as follows: a. In paragraph (b)(5), remove the words “and Minority Affairs” and add, in their place, the word “Programs”; b. In paragraphs (e)(2), (e)(3), (e)(4) and (e)(5), remove the words “small purchase threshold” and add, in their place, the words “simplified acquisition threshold”; and c. In paragraph (e)(2), remove “$25,000” and add, in its place, “$100,000, subject to adjustment for inflation”. §§ 95.46, 95.48, Appendix A to Part 95 [Amended] 41. In § 95.46, § 95.48(a), (b), and (d), and paragraph 8 of Appendix A to Part 95, remove the words “small purchase threshold” and add, in their place, the words “simplified acquisition threshold”. § 95.48, Appendix A to Part 95 [Amended] 42. In § 95.48(e) and the introductory text of Appendix A to Part 95, remove the words “small purchases” and add, in their place, the words “simplified acquisitions”. § 95.71 [Amended] 43. In § 95.71(b), add the words “and/or accrued expenditures” after the word “obligations”. PART 96—AUDIT REQUIREMENTS FOR GRANTS, CONTRACTS, AND OTHER AGREEMENTS 44. The authority citation for 29 CFR part 96 is revised to read as follows: Authority: 31 U.S.C. 7501 *et seq.* and OMB Circular No. A-133, as amended. § 96.54 [Amended] 45. In § 96.54 introductory text, after the words “fiscal year”, add the words “or $500,000 for fiscal years ending after December 31, 2003”. § 96.63 [Amended] 46. Amend § 96.63 as follows: a. In paragraph (b)(4), remove the second reference to “Secretary” and add, in its place, the words “Administrative Review Board (the Board)”; and, remove the fourth reference to “Secretary” and add, in its place, the word “Board”; and b. In paragraph (b)(5) heading, remove the words “Review by the Secretary of Labor” and add, in their place, the words “Review by the Administrative Review Board”; and, remove the first reference in the text to “Secretary” and add, in its place, the words “Administrative Review Board”. PART 97—UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS 47. The authority citation for 29 CFR part 97 continues to read as follows: Authority: 5 U.S.C. 301; OMB Circular A-102. § 97.4 [Amended] 48-49. Amend § 97.4 as follows: a. In paragraph (a)(3)(i), remove the words “Aid to Needy Families with Dependent Children” and add, in their place, the words “Temporary Assistance for Needy Families”; and, b. In paragraph (a)(10), remove the words “Veterans Administration's” and add, in their place, the words “Department of Veterans Affairs”'. § 97.22 [Amended] 50. Revise § 97.22(b) to read as follows: § 97.22 Allowable costs.
(b)*Applicable cost principles.* For each kind of organization, there is a set of Federal principles for determining allowable costs. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. The following chart lists the kinds of organizations and the applicable cost principles. For the costs of a— Use the principles in— State, local or Indian tribal government OMB Circular A-87 (as codified at 2 CFR part 225). Private nonprofit organization other than an
(1)institution of higher education,
(2)hospital, or
(3)organization named in OMB Circular A-122 (as codified at 2 CFR part 230) as not subject to that circular OMB Circular A-122 (as codified at 2 CFR part 230). Educational institutions OMB Circular A-21 (as codified at 2 CFR part 220). For-profit organization other than a hospital and an organization named in OMB Circular A-122 (as codified at 2 CFR part 230) as not subject to that circular 48 CFR part 31. Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the Federal agency. § 97.26 [Amended] 51. In § 97.26(b), remove the words “expends $300,000 or more (or other amount as specified by OMB)” and add, in their place, the words “expends $300,000 or more (or $500,000 or more for fiscal years ending after December 31, 2003 or such other amount as specified by OMB)”, and, in § 97.26(b)(1) and (b)(2), remove the words “Circular A-110,” and add, in their place, “Circular A-110 (as codified at 2 CFR part 215),”. § 97.36 [Amended] 52. In § 97.36(d)(1), remove the words “set at $100,000” and add, in their place, “set at $100,000, subject to adjustment for inflation”. § 97.42 [Amended] 53. In § 97.42(f), after the words “apply to records” insert the words “owned and possessed by the grantee.”. PART 98—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 54. The authority citation for 29 CFR part 98 continues to read as follows: Authority: 5 U.S.C. 301, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 NOTE); E.O. 11738, 3 CFR, 1973 Comp., p. 799; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 235. § 98.530 [Amended] 55. In § 98.530(a), remove “ *http://epls.arnet.gov* ” and add, in its place, “ *http://www.epls.gov* ” and, in § 98.530(b), remove “(202) 783-3238” and add, in its place, “(202) 512-1800, or
(866)512-1800 (toll free)”. PART 99—AUDITS OF STATES, LOCAL GOVERNMENTS AND NON-PROFIT ORGANIZATIONS 56. The authority citation for 29 CFR part 99 is revised to read as follows: Authority: Public Law 104-156, 110 Stat. 1396 (31 U.S.C. 7500 et seq.) and OMB Circular A-133, as amended. 57. In § 99.200(a) and (b), after the words “Federal awards”, add the words “(or $500,000 for fiscal years ending after December 31, 2003)”, and revise paragraph
(d)to read as set forth below: § 99.200 Audit requirements.
(d)*Exemption when Federal awards expended are less than $300,000 (or $500,000 for fiscal years ending after December 31, 2003).* Non-Federal entities that expend less than $300,000 a year in Federal awards (or $500,000 for fiscal years ending after December 31, 2003) are exempt from Federal audit requirements for that year, except as noted in § 99.215(a), but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). § 99.230 [Amended] 58. In § 99.230(b)(2), after the words “Federal awards expended are less than $300,000 per year”, add the words “(or $500,000 for fiscal years ending after December 31, 2003)”. 59. Revise § 99.305(a) to read as follows: § 99.305 Auditor selection.
(a)*Auditor procurement.* In procuring audit services, auditees shall follow the procurement standards prescribed by OMB Circular A-102, “Grants and Cooperative Agreements with State and Local Governments;” 29 CFR part 97, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;” OMB Circular A-110, “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations;” (codified at 2 CFR part 215); or the FAR (48 CFR part 42), as applicable. (OMB Circulars are available on-line at *http://www.whitehouse.gov/omb/circulars/index.html.* ) Whenever possible, auditees shall make positive efforts to utilize small businesses, minority-owned firms, and women's business enterprises, in procuring audit services as stated in OMB Circular A-102, OMB Circular A-110 (2 CFR part 215), or the FAR (48 CFR part 42), as applicable. In requesting proposals for audit services, the objectives and scope of the audit should be made clear. Factors to be considered in evaluating each proposal for audit services include the responsiveness to the request for proposal, relevant experience, availability of staff with professional qualifications and technical abilities, the results of external quality control reviews, and price. §§ 99.400, 99.520 [Amended] 60. In § 99.400(d)(4) and § 99.520(b)(1)(i) and (d)(2)(ii), after the number “$300,000”, add the words “(or $500,000 for fiscal years ending after December 31, 2003)”. Dated: June 27, 2007. Susan Howe, Deputy Assistant Secretary for Policy. [FR Doc. E7-12765 Filed 7-6-07; 8:45 am] BILLING CODE 4510-23-P DEPARTMENT OF DEFENSE Department of the Air Force 32 CFR Part 989 Environmental Impact Analysis Process (EIAP); Correction AGENCY: Department of the Air Force, DoD. ACTION: Final rule; technical corrections. SUMMARY: This document contains technical correction amendments to the Air Force EIAP regulation codified at 32 CFR Part 989. The rule relates to the Air Force process for compliance with the National Environmental Policy Act
(NEPA)and Executive Order (E.O.) 12114, Environmental Effects Abroad of Major Federal Actions. DATES: *Effective Date:* July 9, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Jack Bush (HQ USAF/A7CI), 1260 Air Force Pentagon, Washington, DC 20330-1260,
(703)604-5264. SUPPLEMENTARY INFORMATION: Background The final rule that is the subject of these amendments integrated environmental analysis and aligned environmental document approval levels with the Air Force decision-making process. It also expanded Air Force environmental participants and responsibilities of the Environmental Planning Function
(EPF)and the proponent of an action. *Administrative Procedure Act:* The Air Force has determined that the Administrative Procedure Act, 5 U.S.C. 553, does not require notice of proposed rulemaking or an opportunity for public participation in connection with these corrections. In this regard, the Air Force notes that such notice and opportunity for comment is unnecessary because these amendments are related solely to agency organization, procedure and practice, and make technical corrections. Accordingly, the Air Force finds good cause to make these amendments effective immediately upon publication in the **Federal Register** . 5 U.S.C. 553(b)(B), 553(d)(3). Need for Amendments Amendments were needed to clarify the requirements of 32 CFR 989. List of Subjects in 32 CFR Part 989 Environmental impact statements, Reporting and recordkeeping requirements. Accordingly, the Department of the Air Force makes the following technical corrections to 32 CFR part 989. PART 989—ENVIRONMENTAL IMPACT ANALYSIS PROCESS
(EIAP)1. The authority citation for part 989 continues to read as follows: Authority: 10 U.S.C. 8013. 2. In § 989.3, make the following technical corrections: a. In paragraph (a)(1), revise “SAF/MIQ” to read “SAF/IEE”; b. In paragraph (a)(2), revise “SAF/MI” to read “SAF/IE”; c. In paragraph (a)(4)(ii), revise “AFLS/JAJT” to read “AFLOA/JAJT”; d. In paragraph (c)(1), revise “Air Force Center for Environmental Excellence” to read “Air Force Center for Engineering and the Environment” and “AFCEE Environmental Conservation and Planning Directorate (AFCEE/EC)” to read “AFCEE Technical Directorate, Built Infrastructure Division (AFCEE/TDB)”; e. In paragraph (c)(2)(iv), revise “USAF/ILEB” to read “USAF/A7CI”; f. In paragraph (d)(7), second sentence, revise “USAF/ILEB” to read “USAF/A7CI”; g. Revise paragraph (f); h. In paragraph (g)(3), revise “AFLSA/JAJT” to read “AFLOA/JAJT”; and i. In paragraph (g)(4), revise “AFLSA/JACE” to read “AFLOA/JACE”. The revision reads as follows: § 989.3 Responsibilities.
(f)*Environment, Safety, and Occupational Health Council (ESOHC).* The ESOHC provides senior leadership involvement and direction at all levels of command in accordance with AFI 90-801, Environment, Safety, and Occupational Health Councils, 25 March 2005. § 989.4 [Amended] 3. In § 989.4, in paragraph (h), second sentence, revise “SAF/MIQ” to read “SAF/IEE”. § 989.5 [Amended] 4. In § 989.5, make the following technical corrections: a. In paragraph (d), revise “SAF/MIQ” to read “SAF/IEE.” Correct “ANGRC/CEV” to read “NGB/A7CV”. b. In paragraph (d), revise “USAF/ILEB” to read “USAF/A7CI”. § 989.13 [Amended] 5. In § 989.13, in paragraph (c), revise “USAF/ILEB” to read “USAF/A7CI”. § 989.14 [Amended] 6. In § 989.14, make the following technical corrections: a. In paragraph (h), revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. b. In paragraph (h), revise “SAF/MIQ” to read “SAF/IEE” in the two places it appears. c. In paragraph (i), revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. d. In paragraph (j), revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. § 989.17 [Amended] 7. In § 989.17, revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. § 989.18 [Amended] 8. In Sec. 989.18, paragraph (a), third to last sentence, revise “USAF/ILEV” to read “HQ USAF/A7CI”. § 989.19 [Amended] 9. In § 989.19, make the following technical corrections: a. In paragraph (a), last sentence, revise “USAF/ILEB” to read “HQ USAF/A7CI”. b. In paragraph (a), revise “AFCEE/EC” to read “AFCEE/TDB” in the last sentence. c. In paragraph (b), revise “HQ USAF/ILEB” to read “HQ USAF/A7CI” in the three places it appears. d. In paragraph (c)(2), revise “HQ USAF/ILEB” to read “HQ USAF/A7CI.” in the two places it appears. e. In paragraph (c)(2), last sentence, revise “SAF/MIQ” to read “SAF/IEE”. § 989.20 [Amended] 10. In § 989.20, make the following technical corrections: a. In paragraph (a), first and second sentences, revise “HQ USAF/ILEB” to read “HQ USAF/A7CI” in the two places it appears. b. In paragraph (a), first sentence, revise “SAF/MIQ” to read “SAF/IEE”. § 989.21 [Amended] 11. In § 989.21, make the following technical corrections: a. In paragraph (a), first sentence, revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. b. In paragraph (a), first sentence, revise “SAF/MIQ” to read “SAF/IEE”. c. In paragraph (c), last sentence, revise “explain why” to read “explain why not” § 989.22 [Amended] 12. In § 989.22, make the following technical corrections: a. In paragraph (b), second to last sentence, revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. b. In paragraph (d), last sentence, revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. § 989.26 [Amended] 13. In § 989.26, paragraph (f), first and second sentences, revise “SAF/MIQ” to read “SAF/IEE” in the two places it appears. § 989.29 [Amended] 14. In § 989.29, revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. § 989.32 [Amended] 15. In § 989.32, revise “AFCEE/EC” to read “AFCEE/TDB”. § 989.34 [Amended] 16. In § 989.34, make the following technical corrections: a. In paragraph (a), last sentence, revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. b. In paragraph (a), last sentence, revise “SAF/MIQ” to read “SAF/IEE.” c. In paragraph (b), third sentence, revise “HQ USAF/ILEB” to read “HQ USAF/A7CI.” d. In paragraph (b), third sentence, revise “SAF/MIQ” to read “SAF/IEE”. § 989.36 [Amended] 17. In § 989.36, make the following technical corrections: a. In first sentence, revise “NEPA” to read “EIAP” at its first occurrence. b. In first sentence, revise “SAF/MIQ” to read “SAF/IEE”. § 989.38 [Amended] 18. In § 989.38, make the following technical corrections: a. In paragraph (b), revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. b. In paragraph (c), revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. c. In paragraph (c), revise “AFCEE/EC” to read “AFCEE/TDB”. d. In paragraph (d), revise “HQ USAF/ILEB” to read “HQ USAF/A7CI” in the four places it appears. Appendix A to Part 989 [Amended] 19. In Appendix A, make the following technical corrections: a. In U.S. Government Agency Publications, revise “(DoDD) 4715.1, Environmental Security” to read “DoDD 4715.1E, Environment, Safety, and Occupational Health”. b. In U.S. Government Agency Publications, revise “DoDD 5000.1, Defense Acquisition” to read “Department of Defense Directive DoDD 5000.1, The Defense Acquisition System”. c. In Abbreviations and Acronyms, Change acronym definition for “AFCEE” from “Air Force Center for Environmental Excellence” to read “Air Force Center for Engineering and the Environment”. d. In Abbreviations and Acronyms, revise “AFCEE/EC” to read “AFCEE/TDB”. Change acronym definition from “AFCEE Environmental Conservation and Planning Directorate (AFCEE/EC)” to read “AFCEE Technical Directorate, Built Infrastructure Division (AFCEE/TDB)”. e. In Abbreviations and Acronyms, revise “AFLSA/JACE” to read “AFLOA/JACE”. f. In Abbreviations and Acronyms, revise “AFLSA/JAJT” to read “AFLOA/JAJT”. g. In Abbreviations and Acronyms, revise “HQ USAF/ILE” to read “HQ USAF/A7C”. h. In Abbreviations and Acronyms, revise “SAF/MI” to read “SAF/IE.” Change acronym definition from “Assistant Secretary of the Air Force for Manpower, Reserve Affairs, Installations, and Environment” to “Assistant Secretary of the Air Force for Installations, Environment & Logistics”. i. In Abbreviations and Acronyms, revise “SAF/MIQ” to read “SAF/IEE.” Change acronym definition from “Assistant Secretary of the Air Force for Manpower, Reserve Affairs, Installations, and Environment” to “Deputy Assistant Secretary of the Air Force for Environment, Safety and Occupational Health (ESOH)”. j. In Terms, under “BMPs” revise “40 CFR 1508.22” to read “32 CFR 989.22”. Appendix B to Part 989 [Amended] 20. In Appendix B, make the following technical corrections: a. In paragraph A3.1.1, revise “AFLSA/JAJT” to read “AFLOA/JAJT”. b. In paragraph A3.1.2, revise “AFLSA/JAJT” to read “AFLOA/JAJT”. Appendix C to Part 989 [Amended] 21. In Appendix C, make the following technical corrections: a. In paragraph A3.1.3, last sentence, revise “HQ USAF/ILEVP” to read “HQ USAF/A7CI.” b. In paragraph A3.1.3, last sentence, revise “SAF/MIQ” to read “SAF/IEE”. c. In paragraph A3.2.2.1, revise “HQ USAF/ILEB” to read “HQ USAF/A7CI”. d. In paragraph A3.2.3.3. revise “The name and telephone number of a person to contact for more information” to read “The name, address, and telephone number of the Air Force point of contact”. e. In paragraph A3.5.1., revise “AFLSA/JAJT” to read “AFLOA/JAJT”. f. In paragraph A3.5.1., revise “military trial judge” to read “hearing officer”. g. In paragraph A3.5.1., revise “military trial judge” to read “hearing officer”. h. In paragraph A3.8, third to last sentence, revise “SAF/MIQ” to read “SAF/IEE”. Bao-Anh Trinh, Air Force Federal Register Liaison Officer, Department of the Air Force. [FR Doc. E7-13253 Filed 7-6-07; 8:45 am] BILLING CODE 5001-05-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 122 and 125 [EPA-HQ-OW-2002-0049; FRL-8336-9] RIN 2040-AD62 National Pollutant Discharge Elimination System—Suspension of Regulations Establishing Requirements for Cooling Water Intake Structures at Phase II Existing Facilities AGENCY: Environmental Protection Agency (EPA). ACTION: Suspension of final rule. SUMMARY: This action suspends the requirements for cooling water intake structures at Phase II existing facilities, pending further rulemaking. The Phase II regulation addressed existing power utilities that use a cooling water intake structure to withdraw cooling water from waters of the United States at a rate of 50 million gallons per day
(MGD)or greater. DATES: Effective July 9, 2007, 40 CFR 122.21(r)(1)(ii) and (5), 125.90(a),
(c)and
(d)and 125.91 through 125.99 in Subpart J are suspended. FOR FURTHER INFORMATION CONTACT: Janet Goodwin at
(202)566-1060, *goodwin.janet@epa.gov* or Deborah Nagle at
(202)564-1185, *nagle.deborah@epa.gov* . SUPPLEMENTARY INFORMATION: This action suspends the Phase II regulations with the exception of 40 CFR 125.90 (b), for cooling water intake structures. I. General Information A. Does This Action Apply to Me? Entities potentially affected by this action are classified under NAIC 22111. Affected categories and entities include: Category Examples of regulated entities Electric Utilities Electric Power Generating Facilities. State governments Department of Environmental Protection. \ This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities affected by this action. Other types of entities not listed in the table could also be affected. To determine whether your facility is affected by this action, you should carefully examine the definition in § 125.91. If you have questions regarding the applicability of this action to a particular entity, consult one of the persons listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. Table of Contents I. Legal Authority II. Background III. This Action IV. Statutory and Executive Order Reviews I. Legal Authority EPA is issuing this suspension of the Phase II rule pursuant to 5 U.S.C. 553(b) and (d), which authorizes administrative agencies to issue administrative suspensions immediately, where good cause justifies the action. Public comment on this suspension is unnecessary, as a decision issued by the U.S. Court of Appeals for the Second Circuit (Second Circuit), *Riverkeeper, Inc.* v. *EPA* , 475 F.3d 83 (2d Cir. 2007), precludes EPA from applying the Phase II rule unless and until EPA takes further action and today's suspension action merely carries out the effect of that decision on the Phase II rule. Additionally, the decision has resulted in uncertainty among the regulated community and permitting agencies about how to proceed with ongoing permitting proceedings given the uncertainty as to the status of the Phase II rule. This suspension provides a clear statement by the Agency that the existing Phase II requirements (with the exception of one provision unaffected by the *Riverkeeper* decision that reaches beyond the Phase II rule, addressed below) are suspended and are not legally applicable. II. Background On February 16, 2004, EPA took final action on regulations governing cooling water intake structures at certain existing power producing facilities under section 316(b) of the Clean Water Act (Phase II rule). 69 FR 41576 (July 9, 2004). The final Phase II rule applies to existing facilities that are point sources that, as their primary activity, both generate and transmit electric power or generate electric power for sale to another entity for transmission; use or propose to use cooling water intake structures with a total design intake flow of 50 MGD or more to withdraw cooling water from waters of the United States; and use at least 25 percent of the water withdrawn exclusively for cooling purposes (see 40 CFR 125.91). Under the Phase II rule, EPA established performance standards for the reduction of impingement mortality and entrainment (see 40 CFR 125.94). The performance standards consist of ranges of reductions in impingement mortality and/or entrainment. These performance standards were determined to reflect the Best Technology Available
(BTA)for minimizing adverse environmental impacts at facilities covered by the Phase II rule. These regulations were challenged by industry and environmental stakeholders. On judicial review, the Second Circuit decision ( *Riverkeeper, Inc.* v. *EPA* , 475 F.3d 83, (2d Cir., 2007)) remanded several provisions of the Phase II rule on various grounds. The provisions remanded to EPA include: • EPA's determination of the BTA under section 316(b); • The rule's performance standard ranges; • The cost-cost and cost-benefit compliance alternatives; • The Technology Installation and Operation Plan provision; • The restoration provision; and • The “independent supplier” provision. With several significant provisions of the Phase II rule affected by the decision, and with the need to provide timely direction to stakeholders about the continuing application of the Phase II rule, EPA's Assistant Administrator for Water issued a memorandum on March 20, 2007, which announced EPA's intention to suspend the Phase II rule. This memorandum also discussed the anticipated issuance of this **Federal Register** suspension document. III. This Action EPA is suspending § 122.21(r)(1)(ii) and (5), and Part 125 Subpart J with the exception of § 125.90(b). This suspension is appropriate for several reasons. First, the Second Circuit's decision remanded key provisions of the Phase II requirements, including the determination of BTA and the performance standard ranges. This suspension responds to the Second Circuit's decision, while the Agency considers how to address the remanded issues. 1 1 In the event that the court's decision is overturned after today's action, the Agency will take appropriate action in response. In addition, the decision has a significant impact on the regulated community and permitting agencies. Both groups have sought Agency guidance on how to proceed to establish cooling water intake structure permit requirements for facilities subject to the Phase II rule in light of this decision. These stakeholders support suspending the Phase II requirements until the Agency has considered and resolved the issues raised by the Second Circuit's remand. Permit requirements for cooling water intake structures at Phase II facilities should be established on a case-by-case best professional judgment
(BPJ)basis. Pursuant to 5 U.S.C. 553(b) and (d), EPA has determined for good cause that notice and public comment procedures are unnecessary. As noted, the Second Circuit's decision found key provisions of the Phase II rule to be inconsistent with the Clean Water Act and remanded most of the rule to the Agency. As a result, under the decision, EPA is precluded from applying the rule unless and until it takes further action to address the decision. Thus, today's action simply effectuates the legal status quo and public comment is therefore unnecessary. Notably, EPA by this action is not suspending 40 CFR 125.90(b). This retains the requirement that permitting authorities develop BPJ controls for existing facility cooling water intake structures that reflect the best technology available for minimizing adverse environmental impact. This provision directs permitting authorities to establish section 316(b) requirements on a BPJ basis for existing facilities not subject to categorical section 316(b) regulations. Establishing requirements in this manner is consistent with the CWA, case law, and the March 20, 2007 memorandum's direction to do so. Phase II facilities are not subject to categorical requirements under Subpart J while this suspension is in effect, and therefore this provision applies in lieu of those requirements. In addition, this provision applies to other types of existing facilities subject to section 316(b) requirements (e.g., existing facilities addressed in EPA's section 316(b) Phase III rule). Moreover, this provision is an analogue to the provision in the 316(b) Phase I new facility rule providing for BPJ permitting where a facility is not subject to categorical requirements under Subpart I. See 40 CFR 125.80(c). Finally, this provision was not addressed, and is therefore not affected, by the Second Circuit's decision in *Riverkeeper* . Retaining it is therefore consistent with the approach EPA took in response to a judicial remand of its original section 316(b) regulations. See 44 FR 32854, 32956/1 (June 7, 1979) (withdrawing remanded regulations, but leaving intact a provision that had not been remanded). IV. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and is therefore not subject to review under the Executive Order. This action does not impose any new requirements and does not impose costs or impacts on the regulated industry and thus does not meet the requirements for Executive Order 12866 review. This action is not subject to the Regulatory Flexibility Act
(RFA)since this rule is exempt from notice and comment rulemaking requirements for good cause which is explained in section I. Additionally, this rule will not significantly or uniquely affect small governments. EPA has determined that this rule would not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any one year. Thus, this rule is not subject to sections 202, 203, or 205 of the Unfunded Mandates Reform Act of 1999 (Pub. L. 104-4). In addition, the EPA has determined that this action does not have Tribal implications, as specified in Executive Order 13175 (63 FR 67249, November 9, 2000). This action will not have federalism implications, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999) because it does not establish any requirements on State or local governments. This regulation is not subject to Executive Order 13045 because it is not economically significant as defined under Executive Order 12866, and because the Agency does not have reason to believe the environmental health and safety risks addressed by this action present a disproportionate risk to children. This action is not subject to Executive Order 13211, “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. This action does not involve technical standards; thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action does not impose any new information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The existing Information Collection requirements in this regulation were approved by the Office of Management and Budget under OMB control number 2040-0257. List of Subjects 40 CFR Part 122 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous substances, Indians-lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water pollution control. 40 CFR Part 125 Environmental protection, Cooling water intake structure, Reporting and recordkeeping requirements, Waste treatment and disposal, Water pollution control. Dated: July 2, 2007. Stephen L. Johnson, Administrator. For the reasons set forth in the preamble, EPA is amending 40 CFR parts 122 and 125 as follows: PART 122—EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 1. The authority citation for part 122 continues to read as follows: Authority: The Clean Water Act, 33 U.S.C. 1251 *et seq.* § 122.21 [Amended] 2. Section 122.21 (r)(1)(ii) is suspended. 3. Section 122.21(r)(5) is suspended. PART 125—CRITERIA AND STANDARDS FOR THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 4. The authority citation for part 125 continues to read as follows: Authority: Clean Water Act, 33 U.S.C. 1251 *et seq.* unless otherwise noted. § 125.90 [Amended] 5. Section 125.90(a),
(c)and
(d)are suspended. 6. Sections 125.91 through 125.99 are suspended. [FR Doc. E7-13202 Filed 7-6-07; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 131 [EPA-HQ-OW-2007-0467; FRL-8337-2] RIN NA2040 Withdrawal of Federal Marine Aquatic Life Water Quality Criteria for Toxic Pollutants Applicable to Washington State AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is proposing to amend the Federal regulations to withdraw its 1992 federally promulgated marine copper and cyanide chronic aquatic life water quality criteria for Washington State, thereby enabling Washington to implement its current EPA-approved chronic numeric criteria for copper and cyanide that cover all marine waters of the State. In 1992, EPA promulgated Federal regulations establishing water quality criteria for priority toxic pollutants for 12 States, including Washington, and two Territories that had not fully complied with the Clean Water Act (CWA). These regulations are known as the “National Toxics Rule” or “NTR.” On November 18, 1997, Washington adopted revised chronic marine aquatic life criteria for copper and cyanide, the only two marine aquatic life priority toxic pollutants in the NTR applicable to Washington. These revisions included a chronic marine aquatic life water quality criterion for copper for all marine waters and a chronic site-specific cyanide criterion for the Puget Sound. EPA approved these criteria on February 6, 1998. On August 1, 2003, Washington adopted revisions to its water quality standards, including a chronic marine criterion for cyanide for all marine waters except the Puget Sound. EPA approved this criterion on May 23, 2007. Since Washington now has marine copper and cyanide chronic aquatic life criteria effective under the CWA that EPA has approved as protective of Washington's designated uses, EPA is proposing to amend the NTR to withdraw the federally promulgated criteria. DATES: This rule is effective on September 7, 2007 without further notice, unless EPA receives adverse comment by August 8, 2007. If EPA receives such comment, EPA will publish a timely withdrawal in the **Federal Register** informing the public that this rule, or the relevant provisions of this rule, will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-2007-0467, by one of the following methods: • *www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *ow-docket@epa.gov.* • Mail to either: Water Docket, USEPA, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460 or Becky Lindgren, Washington Marine Aquatic Life NTR Removal, U.S. EPA, Region 10, OWW-131, 1200 Sixth Avenue, Seattle, WA 98101, Attention Docket ID No. EPA-HQ-OW-2007-0467. • Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301 Constitution Ave., NW., Washington, DC, 20004 or Becky Lindgren, Washington Marine Aquatic Life NTR Removal, 1200 Sixth Avenue, Seattle, WA 98101, Attention Docket ID No. EPA-HQ-OW-2007-0467. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-OW-2007-0467. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *www.regulations.gov* or e-mail. The *www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *www.regulations.gov* index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *www.regulations.gov* or in hard copy at two Docket Facilities. The OW Docket Center is open from 8:30 a.m. until 4:30 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is
(202)566-2426 and the Docket address is OW Docket, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC, 20004. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744. Publicly available docket materials are also available in hard copy at U.S. EPA, 1200 Sixth Avenue, Seattle, WA 98101. Docket materials can be accessed from 9 a.m. until 3 p.m., Monday through Friday, excluding legal holidays. The telephone number is
(206)553-0775. FOR FURTHER INFORMATION CONTACT: Becky Lindgren, U.S. EPA, Region 10, 1200 Sixth Avenue, Seattle, WA 98101 (telephone: 206-553-1774 or e-mail: *lindgren.becky@epa.gov* ) or Claudia Fabiano, U.S. EPA Headquarters, Office of Science and Technology, 1200 Pennsylvania Avenue, NW., Mail Code 4305T, Washington, DC 20460 (telephone: 202-566-0446 or e-mail: *fabiano.claudia@epa.gov* ). SUPPLEMENTARY INFORMATION: This section is organized as follows: Table of Contents I. Why Is EPA Using a Direct Final Rule? II. General Information A. What Entities May be Affected by this Action? B. What Should I Consider as I Prepare My Comments for EPA? III. Background A. What Are the Applicable Federal Statutory and Regulatory Requirements? B. Why Is EPA Withdrawing Federal Marine Aquatic Life Water Quality Criteria for Toxic Pollutants Applicable to Washington? C. What are the Federal Marine Aquatic Life Water Quality Criteria for Toxic Pollutants Applicable to Washington that EPA is Withdrawing? IV. Statutory and Executive Order Reviews A. Executive Order 12866 (Regulatory Planning and Review) B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132 (Federalism) F. Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments) G. Executive Order 13045 (Protection of Children from Environmental Health Risks and Safety Risks) H. Executive Order 13211 (Actions that Significantly Affect Energy Supply, Distribution or Use) I. National Technology Transfer and Advancement Act of 1995 J. Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) K. Congressional Review Act I. Why Is EPA Using a Direct Final Rule? EPA is publishing this rule without a prior proposed rule because the Agency views this action as noncontroversial and anticipates no adverse comment. Because the public had the opportunity to comment on Washington State's adoption of marine copper and cyanide aquatic life criteria, EPA does not anticipate any adverse comments on the withdrawal of Washington from the NTR, located at 40 CFR 131.36 (57 FR 60848), for those criteria. For this reason, EPA is taking this action in a direct final rule. However, in the “Proposed Rules” section of the **Federal Register** , EPA is publishing a separate notice that will serve as a parallel proposed rule to withdraw the same Federal marine aquatic life water quality criteria for toxic pollutants applicable to Washington in the event that adverse comments are received on all or distinct provisions of this direct final rule. If EPA receives any adverse comment regarding any or all provisions of this direct final rule, the Agency will publish a timely withdrawal in the **Federal Register** informing the public that this direct final rule, or the relevant provisions of this direct final rule, will not take effect. In that event, EPA would address all public comments in any subsequent final rule based on the parallel proposed rule. Any provisions of this direct final rule that are not timely withdrawn by EPA will become effective on September 7, 2007, notwithstanding adverse comment on any other provision. EPA will not institute a second comment period on this direct final rule. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. II. General Information A. What Entities May Be Affected by This Action? This direct final rule, if made final, will withdraw federally promulgated marine copper and cyanide aquatic life water quality criteria for waters in Washington State. Entities discharging copper or cyanide pollutants to the marine surface waters of Washington could be affected by this rulemaking since water quality standards are used in determining National Pollutant Discharge Elimination System (NPDES) permit limits, CWA section 404 dredge and fill permits, and other activities requiring CWA section 401 certification. Categories and entities that may ultimately be affected include: Category Examples of potentially affected entities Industry Industries discharging pollutants to surface waters in Washington State. Municipalities Discharges from publicly-owned facilities such as publicly-owned treatment works and water filtration facilities. This table is not intended to be exhaustive, but rather provides a guide for readers regarding NPDES-regulated entities likely to be affected by this action. This table lists the types of entities that EPA is now aware could potentially be affected by this action. Other types of entities not listed in the table could also be affected. To determine whether your facility may be affected by this action, you should carefully examine today's proposed rule. If you have questions regarding the applicability of this action to the particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI.* Do not submit this information to EPA through *www.regulations.gov* or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for Preparing Your Comments.* When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying information (subject heading, **Federal Register** date and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. III. Background A. What Are the Applicable Federal Statutory and Regulatory Requirements? In 1992, EPA promulgated a final rule (known as the “National Toxics Rule”, or “NTR”) to establish numeric water quality criteria for toxic pollutants for 12 States and two Territories (hereinafter referred to as “States”) that had failed to comply fully with section 303(c)(2)(B) of the Clean Water Act (“CWA”) (57 FR 60848, 60910, December 22, 1992). Section 303(c)(2)(B) required States to adopt numeric water quality criteria for those priority toxic pollutants for which EPA had published recommended water quality criteria pursuant to Section 304(a) of the Act. The criteria that EPA promulgated in the NTR were based on EPA's then current Section 304(a) recommended water quality criteria. The NTR criteria are codified at 40 CFR 131.36 and became the applicable water quality criteria in those 14 States for CWA purposes on February 5, 1993. As described in the preamble to the final NTR, when a State adopts, and EPA approves, numeric water quality criteria, thus meeting the requirements of section 303(c)(2)(B) of the CWA, EPA will issue a rule amending the NTR to withdraw the Federal criteria for that State. See 57 FR 60860. If the State's criteria are no less stringent than the promulgated Federal criteria, EPA will withdraw its criteria without notice and comment because additional comment on the criteria is unnecessary. However, if a State adopts criteria that are less stringent than the federally promulgated criteria, but that in the Agency's judgment fully meet the requirements of the Act, EPA will provide an opportunity for public comment before withdrawing the federally promulgated criteria. See 57 FR 60860. B. Why Is EPA Withdrawing Federal Marine Aquatic Life Water Quality Criteria for Toxic Pollutants Applicable to Washington? On November 18, 1997, Washington adopted revisions to its surface water quality standards. Washington adopted a chronic marine aquatic life water quality criterion for copper for all marine waters and a chronic site-specific cyanide criterion for the Puget Sound. EPA Region 10 approved these criteria on February 6, 1998, finding that they were consistent with the CWA and EPA's implementing regulations at 40 CFR part 131. On August 1, 2003, Washington adopted revisions to its water quality standards, including a revised chronic cyanide criterion for all marine waters except the Puget Sound. EPA Region 10 approved this revised criterion on May 23, 2007, finding that it was consistent with the CWA and EPA's implementing regulations at 40 CFR part 131. By adopting chronic numeric criteria for copper and cyanide that are applicable to all marine waters of the State, Washington has complied with the requirements of section 303(c)(2)(B) of the CWA, which requires that states adopt numeric criteria for toxic pollutants for which EPA has published recommended water quality criteria and the discharge or presence of which in the affected waters could reasonably be expected to interfere with those designated uses adopted by the State, as necessary to support such designated uses. This fact, plus EPA's approval of Washington's numeric criteria as protective of designated uses, makes the federally promulgated criteria no longer necessary for compliance with the CWA. Therefore, EPA has determined that the federally promulgated criteria are no longer needed and is proposing to withdraw the federally promulgated criteria for Washington. C. What Are the Federal Marine Aquatic Life Water Quality Criteria for Toxic Pollutants Applicable to Washington That EPA Is Withdrawing? In this action, EPA is withdrawing Washington from the NTR for those marine cyanide and copper chronic criteria that the State has adopted and EPA has approved. Table 1 provides a summary of the marine copper and cyanide chronic aquatic life values under the NTR, Washington's 1997 criteria, and EPA's current recommended 304(a) criteria. 1. Chronic Marine Aquatic Life Criterion for Cyanide Applicable to All Waters Except Puget Sound Washington has adopted, and EPA has approved, a marine aquatic life criterion for cyanide of 1 microgram per liter (μg/l) chronic applicable to all marine waters except the Puget Sound. This criterion is identical to the federally promulgated cyanide criterion in the NTR, which is 1 μg/l for the chronic value. This criterion is also identical to EPA's Section 304(a) recommended water quality criterion. Because Washington's criterion is identical to, i.e., no less stringent than, the federally promulgated criterion in the NTR, the Federal criterion is no longer necessary for compliance with the CWA, and EPA is withdrawing it with this action. See 57 FR 60860. 2. Chronic Marine Aquatic Life Criterion for Cyanide Applicable to Puget Sound Washington has adopted and EPA has approved a chronic site-specific marine aquatic life criterion for cyanide. The chronic site-specific cyanide criterion is 2.8 μg/l and is only applicable to the waters within the borders of Puget Sound (the waters east of a line from Point Roberts to Lawrence Point to Green Point to Deception Pass, and south from Deception Pass and of a line from Partridge Point to Point Wilson). This value is less stringent than the cyanide value promulgated in the NTR and less stringent than the value listed as part of EPA's current recommended CWA section 304(a) criteria. Despite this fact, EPA worked closely with Washington in developing the chronic site-specific cyanide criterion, reviewing the test methodology and resulting data, and approved the criterion on February 6, 1998. See EPA Region 10 approval of Washington State's site-specific criteria for the Puget Sound, February 6, 1998. The Federal water quality standards regulation at 40 CFR 131.11 requires states to adopt water quality criteria protective of applicable designated uses. Section 131.11(b)(1) states that states should, in adopting criteria, establish numerical values based on Section 304(a) Guidance, Section 304(a) Guidance modified to reflect site-specific conditions, or other scientifically defensible methods. Regarding cyanide, Washington established site-specific chronic numeric criterion based on EPA's CWA section 304(a) Guidance modified to reflect site-specific conditions in the Puget Sound, which EPA approved on February 6, 1998. Site-specific criteria, as with all water quality criteria, must be based on a sound scientific rationale and ensure protection of the applicable designated use. Washington's site-specific marine cyanide criterion for Puget Sound was based on modifying EPA's methodology for deriving aquatic life criteria by using species found in Puget Sound. In developing the site-specific criteria for Puget Sound, Washington substituted toxicity information from all species in the Cancer genus found within Puget Sound for the toxicity data representing an exclusively east coast species of crab (Cancer irroratus). In reviewing the methodology utilized by Washington in performing this substitution, EPA found that it was scientifically defensible because it used the same scientific methodology followed in the development of EPA's own section 304(a) recommended chronic criteria for cyanide, and because the methodology Washington used in developing the site-specific criterion used all the same genus that were recommended in EPA's *Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses* (EPA, 1985, PB85-227049). Therefore, as described in EPA's February 6, 1998 approval letter, EPA approved the State's site-specific criterion based on EPA's conclusion that these criterion were scientifically defensible, as well as protective of aquatic life in the Puget Sound. Consequently, Washington now has a chronic marine aquatic life water quality criterion for cyanide that meets the requirements of the statute and federal regulation. As such, the deficiencies leading to EPA's promulgation of this criterion in the NTR for the State have been remedied and the federal regulatory provisions applying this criterion to the Puget Sound in Washington is no longer needed for compliance with the CWA. 3. Chronic Marine Aquatic Life Criterion for Copper Applicable to All Waters Washington has adopted, and EPA has approved, marine aquatic life criterion for copper of 3.1 μg/l chronic. The value promulgated in the NTR for the copper chronic criterion is 2.4 μg/l. The Washington State criterion for copper is, therefore, less stringent than the value promulgated in the NTR. However, Washington's criterion for copper is equal to EPA's most recent CWA section 304(a) recommended criterion for the protection of aquatic life for copper, which EPA updated in 1995. EPA derived the section 304(a) recommended chronic criterion for the protection of aquatic life for copper using up-to-date scientific information. Under CWA section 304(a), EPA periodically publishes updated ambient water quality criteria recommendations to reflect the latest data and scientific information about the relationship between pollutant concentrations and environmental and human health effects. EPA's national recommended water quality criteria serve as guidance to states and authorized tribes in adopting water quality standards under the CWA. After December 1992, when EPA promulgated a copper criterion for Washington as part of the NTR using the Agency's then current section 304(a) criteria recommendations, new data on the toxicity of copper to aquatic organisms in marine waters became available. Thus, EPA updated its national CWA section 304(a) recommended chronic marine aquatic life criterion for copper in 1995 to reflect this new scientific data. On November 18, 1997, Washington State adopted a marine copper aquatic life criterion equivalent to EPA's revised CWA section 304(a) recommended marine copper chronic aquatic life criteria. Washington did this in order to incorporate the latest scientific knowledge into its State water quality standards. EPA also relies on its section 304(a) recommended water quality criteria when EPA promulgates water quality standards for a State. EPA did this in 2000 when it promulgated acute and chronic criteria for copper in California. Those water quality standards were based on EPA's updated 1995 recommended water quality criteria for copper. See 40 CFR 131.38. As described in EPA's February 6, 1998 approval, Washington State's chronic marine aquatic life criterion for copper met the requirements of 40 CFR 131.11, which provides that states may adopt criteria based on EPA's CWA section 304(a) recommended criteria. Based on the science supporting EPA's recommended water quality criteria, EPA concluded that Washington's chronic marine aquatic life criterion for copper is protective of the applicable aquatic life designated uses. While Washington's chronic marine aquatic life criterion for copper is less stringent than the corresponding value in the NTR, in its February 6, 1998 approval, EPA concluded that Washington's chronic marine aquatic life water quality criterion for copper is protective of Washington's designated uses and meets the requirements of the CWA and federal regulation. As such, the deficiencies leading to EPA's promulgation of this criterion in the NTR for the State have been remedied and the federal regulatory provisions applying this criterion to the Puget Sound in Washington is no longer needed. Therefore, EPA is removing Washington from the NTR for chronic marine copper aquatic life criterion with this action. Table 1.—Summary of Marine Chronic Copper and Cyanide Aquatic Life Criteria Chemical 1992 NTR values (Chronic (μg/L)) 1997 Revised Washington values (Chronic (μg/L)) EPA's current recommended 304(a) criteria (Chronic (μg/L)) Copper 2.4 3.1 3.1 Cyanide 1 1* 1 * The Puget Sound site-specific criterion is 2.8 μg/L chronic and is applicable only to waters which are east of a line from Point Roberts to Lawrence Point to Green Point to Deception Pass and south from Deception Pass and of a line from Partridge Point to Point Wilson (these are the borders of Puget Sound). IV. Statutory and Executive Order Reviews A. Executive Order 12866 (Regulatory Planning and Review) This action withdraws Federal requirements applicable to Washington and imposes no regulatory requirements or costs on any person or entity, does not interfere with the action or planned action of another agency, and does not have any budgetary impacts or raise novel legal or policy issues. Thus, it has been determined that this rule is not a “significant regulatory action” under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to OMB review. B. Paperwork Reduction Act This action does not impose any new information collection burden because it is administratively withdrawing Federal requirements that are no longer needed in Washington. It does not include any information collection, reporting or recordkeeping requirements. However, the Office of Management and Budget
(OMB)has previously approved the information collection requirements contained in the existing regulations 40 CFR part 131 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* and has assigned OMB control number 2040-0049, EPA ICR number 1530.12. A copy of the OMB approved Information Collection Request
(ICR)may be obtained from Susan Auby, Collection Strategies Division; U.S. Environmental Protection Agency (2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by calling
(202)566-1672. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9. C. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this action on small entities, small entity is defined as:
(1)A small business as defined by the Small Business Administration's
(SBA)regulations at 13 CFR 121.201;
(2)a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and
(3)a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. This rule imposes no regulatory requirements or costs on any small entity. Therefore, I certify that this action will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, Tribal, or local governments or the private sector because it imposes no enforceable duty on any of these entities. Thus, this rule is not subject to the requirements of UMRA sections 202 and 205 for a written statement and small government agency plan. Similarly, EPA has determined that this rule contains no regulatory requirements that might significantly or uniquely affect small governments and is therefore not subject to UMRA section 203. E. Executive Order 13132 (Federalism) Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects 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.” This rule imposes no regulatory requirements or costs on any State or local governments, therefore, it does not have federalism implications under Executive Order 13132. F. Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments) Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” This rule imposes no regulatory requirements or costs on any Tribal government. It does not have substantial direct effects on Tribal governments, the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. G. Executive Order 13045 (Protection of Children From Environmental Health and Safety Risks) Executive Order 13045: “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997) applies to any rule that:
(1)Is determined to be “economically significant” as defined under Executive Order 12866, and
(2)concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to Executive Order 13045 because it is not economically significant and EPA has no reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. H. Executive Order 13211 (Actions That Significantly Affect Energy Supply, Distribution, or Use) This rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rulemaking does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. J. Executive Order 12898—Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because
(1)since Washington's criteria apply to all marine waters in the State, EPA does not believe that this action would disproportionately affect any one group over another, and
(2)EPA has previously determined, based on the most current science and EPA's CWA section 304(a) recommended criteria, that Washington's State-adopted and EPA-approved criteria are protective of human health and aquatic life. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2) and will be effective on September 7, 2007. List of Subjects in 40 CFR Part 131 Environmental protection, Indians—lands, Intergovernmental relations, Reporting and recordkeeping requirements, Water pollution control. Dated: July 2, 2007. Stephen L. Johnson, Administrator. For the reasons set forth in the preamble, 40 CFR part 131 is amended as follows: PART 131—WATER QUALITY STANDARDS 1. The authority citation for part 131 continues to read as follows: Authority: 33 U.S.C. 1251 *et seq.* § 131.36 [Amended] 2. Section 131.36 is amended by revising the table in paragraph (d)(14)(ii) to read as follows: § 131.36 Toxic criteria for those states not complying with Clean Water Act Section 303(c)(2)(B).
(d)* * *
(14)* * *
(ii)* * * Use classification Applicable criteria Fish and Shellfish; Fish These classifications are assigned the criteria in: Column D2—all. Water Supply (domestic) These classifications are assigned the criteria in: Column D1—all. Recreation This classification is assigned the criteria in: Column D2—Marine waters and freshwaters not protected for domestic water supply. [FR Doc. E7-13207 Filed 7-6-07; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: Base (1% annual chance) Flood Elevations
(BFEs)and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date of issuance of the Flood Insurance Rate Map
(FIRM)showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202)646-3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA)makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety
(90)days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. *National Environmental Policy Act.* This final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. *Regulatory Flexibility Act.* As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required. *Regulatory Classification.* This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.* This final rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.* This final rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 67 Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements. Accordingly, 44 CFR part 67 is amended as follows: PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority: 42 U.S.C. 4001 *et seq.* ; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: State City/town/county Source of flooding Location * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground Modified Town of Mapleton, Maine Docket No.: FEMA-B-7708 Maine Town of Mapleton Aroostook River Downstream of Mapleton Corporate Limit +433 Upstream of Mapleton Corporate Limit +435 Clayton Brook Approximately 1,000 feet downstream of old Railroad Grade +471 Approximately 2,000 feet upstream of Hughes Road +583 Hanson Brook Confluence with Hanson Lake +504 Just upstream of Bagley Road +515 Hanson Lake Hanson Lake +504 Libby Brook Confluence with North Branch Presque Isle +524 Upstream of Mapleton Corporate Limit +584 North Branch Presque Isle Stream Confluence with Presque Isle Stream +440 Upstream of Town of Mapleton Corporate Limit +527 Presque Isle Stream Just downstream of confluence with Arnold Brook +440 Upstream of Mapleton Corporate Limit +448 Tea Kettle Brook Confluence of North Branch Presque Isle Stream +468 Just upstream of Pulcifur Road +470 Unnamed Brook Confluence with North Branch Presque Isle Stream +458 Just upstream of Creasy Ridge Road +508 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Mapleton Maps are available for inspection at 103 Pulcifur Road, P.O. Box 500, Mapleton, ME 04757. Flooding source(s) Location of referenced elevation * Elevation in feet
(NGVD)+ Elevation in feet
(NAVD)# Depth in feet above ground Modified Communities affected Livingston County, Illinois, and Incorporated Areas Docket No.: D-7694 Vermilion River Approximately 4H Park Road +633 Livingston County (Unincorporated Areas). Approximately 1,550 feet above 4H Park Road +633 Approximately Manlove Street extended +641 Livingston County (Unincorporated Areas). Approximately 700 feet above Pearl Street extended +642 Indian Creek Approximately 2,775 feet above Road 900N +666 Livingston County (Unincorporated Areas). Approximately Third Street extended +674 Gooseberry Creek Approximately East Livingston Road (Livingston/Grundy County Boundary) +619 Livingston County (Unincorporated Areas). Approximately 1,050 feet downstream of Union Pacific Railroad +628 Approximately Washington Street +636 Livingston County (Unincorporated Areas). Approximately 150 feet above Fieldman Road (CR-3100N) +641 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Livingston County (Unincorporated Areas) Maps are available for inspection at the Livingston County Regional Planning Commission, 110 West Water Street, Suite 3, Pontiac, IL 61764. Ashtabula County, Ohio, and Incorporated Areas Docket No.: D-7800 Lake Erie Entire Lake Erie coastline within the corporate limits of City of Ashtabula +576 City of Ashtabula. Entire Lake Erie coastline within the corporate limits of City of Conneaut +576 City of Conneaut. Entire Lake Erie coastline within the corporate limits of Village of Geneva-On-The-Lake +576 Village of Geneva-On-The-Lake. Village of North Kingsville—Entire Lake Erie coastline within the corporate limits of Village of North Kingsville +576 Village of North Kingsville. Entire Lake Erie coastline within the Unincorporated Areas of Ashtabula County +576 Ashtabula County (Unincorporated Areas). * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Ashtabula Maps are available for inspection at 4717 Main Avenue, Ashtabula, OH 44004. City of Conneaut Maps are available for inspection at 294 Main Street, Conneaut, OH 44030. City of Geneva Maps are available for inspection at 44 North Forest Street, Geneva, OH 44041. Ashtabula County (Unincorporated Areas) Maps are available for inspection at 25 West Jefferson Street, Jefferson, OH 44047. Village of Geneva-On-The-Lake Maps are available for inspection at 25 West Jefferson Street, Jefferson, OH 44047. Village of Jefferson Maps are available for inspection at 27 East Jefferson Street, Jefferson, OH 44047. Village of North Kingsville Maps are available for inspection at 3541 East Center Street, North Kingsville, OH 44068. Village of Roaming Shores Maps are available for inspection at 2500 Hayford Road, Roaming Shores, OH 44084. Village of Rock Creek Maps are available for inspection at West Water Street, Rock Creek, OH 44084. Morrow County, Oregon, and Incorporated Areas Docket No.: FEMA-B-7705 Blackhorse Canyon Approximately 480 feet downstream from Arcade Street Bridge +1442 City of Lexington. Approximately 0.4 miles upstream from SR 74 +1479 Hinton Creek Downstream side of Main Street Bridge +1930 City of Heppner, Morrow County (Unincorporated Areas). Approximately 560 feet upstream from SR 74 +2045 Little Blackhorse Canyon Approximately 350 feet downstream from SR 74 Culvert +1872 Morrow County (Unincorporated Areas). Approximately 1.0 miles upstream from SR 74 +2120 Lorraine Canyon Approximately 130 feet downstream from SR 74 +1093 City of Ione. Approximately 720 feet upstream from SR 74 +1159 Rietmann Canyon Approximately 250 feet downstream of SR 74 Bridge +1099 City of Ione. Approximately 500 feet upstream of SR 74 Bridge +1115 Shobe Creek Approximately 400 feet downstream from Chase Street Bridge +1960 City of Heppner, Morrow County (Unincorporated Areas). Approximately 0.4 miles upstream from SR 207 +2162 Willow Creek Approximately 2.1 miles downstream from Fuller Canyon Road +1793 City of Heppner, Morrow County (Unincorporated Areas). Approximately 625 feet upstream of Alfalfa Street Bridge +1977 Approximately 1400 feet downstream from Gooseberry Road +1069 City of Ione, Morrow County (Unincorporated Areas). Approximately 0.8 miles upstream from Gooseberry Road +1100 Approximately 0.9 miles downstream of B Street Bridge +1408 City of Lexington, Morrow County (Unincorporated Areas). Approximately 800 feet upstream of B Street Bridge +1458 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Heppner Maps are available for inspection at 111 N. Main Street, Heppner, OR 97836. City of Ione Maps are available for inspection at City Hall, 385 West 2nd, Ione, OR 97843. City of Lexington Maps are available for inspection at City Hall, 150 Main Street, Lexington, OR 97839. Morrow County (Unincorporated Areas) Maps are available for inspection at Morrow County Planning Department, 205 NE 3rd Street, Irrigon, OR 97844. Fall River County, South Dakota, and Incorporated Areas Docket No.: FEMA-B-7702 Fall River Confluence with Cheyenne River +3,046 City of Hot Springs, Fall River County (Unincorporated Areas). Approximately 0.25 miles upstream of Battle Mountain Avenue +3,476 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Fall River County (Unincorporated Areas) Maps are available for inspection at: County Courthouse, 906 North River Street, Hot Springs, South Dakota. City of Hot Springs Maps are available for inspection at: City Hall, 303 North River Street, Hot Springs, South Dakota. Henrico County, Virginia, and Incorporated Areas Docket Nos.: FEMA-B-7460 and FEMA-B-7709 Allens Branch Approximately at the confluence with Chickahominy River +197 Henrico County (Unincorporated Areas). Approximately 250 feet downstream from the I-295 Ramp +214 Chickahominy River Approximately at Creighton Road +77 Henrico County (Unincorporated Areas). Approximately 1900 feet downstream from Shady Grove Road +218 Copperas Creek Approximately at the confluence with Tuckahoe Creek +144 Henrico County (Unincorporated Areas). Approximately 150 feet downstream from Waterford Way East +220 Tributary 2 Approximately at the confluence with Copperas Creek +160 Henrico County (Unincorporated Areas). Approximately 2000 feet upstream from Ridgefield Parkway +206 Fourmile Creek Approximately at the confluence with James River +11 Henrico County (Unincorporated Areas). Approximately 2000 feet upstream from Doran Road +92 Tributary 7 Approximately at the confluence with Fourmile Creek +85 Henrico County (Unincorporated Areas). Approximately 775 feet upstream from the Footbridge +88 Gillies Creek Tributary 1 Approximately at the confluence with Gillies Creek +121 Henrico County (Unincorporated Areas). Approximately 250 feet downstream from South Kalmia Avenue +154 Harding Branch Approximately at the confluence with Tuckahoe Creek +148 Henrico County (Unincorporated Areas). Approximately 2500 feet upstream from Park Terrace Drive +240 Tributary 1 Approximately at the confluence with Harding Branch +168 Henrico County (Unincorporated Areas). Approximately 1000 feet upstream from the confluence with Harding Branch +171 Heckler Village Tributary 1 Approximately at the confluence with Gillies Creek +109 Henrico County (Unincorporated Areas). Approximately 1100 feet upstream from Colwyck Drive +145 Tributary 2 Approximately at the confluence with Gillies Creek +138 Henrico County (Unincorporated Areas). Approximately 1600 feet upstream from Wynfield Terrace +158 Horsepen Branch Approximately at the confluence with Upham Brook +174 Henrico County (Unincorporated Areas). Approximately 300 feet upstream from Devers Road +218 James River Approximately 2100 feet southeast of the intersection of Osborne Landing and Kingsland Road +16 Henrico County (Unincorporated Areas). Approximately 1250 feet northwest of the intersection of Stancraft Way and Old Osborne Turnpike +32 Meredith Branch Approximately at the confluence with Chickahominy River +186 Henrico County (Unincorporated Areas). Approximately 500 feet downstream from Broad Meadows Road +230 North Run Approximately at the confluence with Upham Brook +120 Henrico County (Unincorporated Areas). Approximately 400 feet upstream from the confluence with Upham Brook +120 Rooty Branch Approximately 600 feet downstream from Nuckols Road +221 Henrico County (Unincorporated Areas). Approximately 1800 feet upstream from Nuckols Road +233 Tributary A to Gillies Creek Tributary 1 Approximately at the confluence with Gillies Creek Tributary 1 +146 Henrico County (Unincorporated Areas). Approximately 1200 feet upstream from Yates Lane +158 Tributary A to Gillies Creek Tributary 1 Approximately at the confluence with Tributary A to Gillies Creek Tributary 1 +150 Henrico County (Unincorporated Areas). Approximately 750 feet south from Nine Mile Road +160 Allens Branch Approximately at the confluence with Chickahominy River +197 Henrico County (Unincorporated Areas). Approximately 250 feet downstream from the I-295 Ramp +214 Chickahominy River Approximately at Creighton Road +77 Henrico County (Unincorporated Areas). Approximately 1900 feet downstream from Shady Grove Road +218 Copperas Creek Approximately at the confluence with Tuckahoe Creek +144 Henrico County (Unincorporated Areas). Approximately 150 feet downstream from Waterford Way East +219 Tributary 2 Approximately at the confluence with Copperas Creek +160 Henrico County (Unincorporated Areas). Approximately 2000 feet upstream from Ridgefield Parkway/Cambridge Drive +206 Fourmile Creek Approximately at the confluence with James River +11 Henrico County (Unincorporated Areas). Approximately 2000 feet upstream from Doran Road +92 Tributary 7 Approximately at the confluence with Fourmile Creek +85 Henrico County (Unincorporated Areas). Approximately 775 feet upstream from the Footbridge +88 Gillies Creek Tributary 1 Approximately at the confluence with Gillies Creek +121 Henrico County (Unincorporated Areas). Approximately 250 feet downstream from South Kalmia Avenue +154 Harding Branch Approximately at the confluence with Tuckahoe Creek +148 Henrico County (Unincorporated Areas). Approximately 2000 feet upstream from Park Terrace Drive +241 Tributary 1 Approximately at the confluence with Harding Branch +168 Henrico County (Unincorporated Areas). Approximately 1000 feet upstream from the confluence with Harding Branch +171 Heckler Village Tributary 1 Approximately at the confluence with Gillies Creek +109 Henrico County (Unincorporated Areas). Approximately 1100 feet upstream of Wynfield Terrace +145 Tributary 2 Approximately at the confluence with Gillies Creek +138 Henrico County (Unincorporated Areas). Approximately 1600 feet upstream from Wynfield Terrace +158 Horsepen Branch Approximately at the confluence with Upham Brook +174 Henrico County (Unincorporated Areas). Approximately 300 feet upstream from Devers Road +218 James River Approximately 5550 feet southeast of the intersection of Osborne Landing and Kingsland Road +16 Henrico County (Unincorporated Areas). Approximately 1250 feet northwest of the intersection of Stancraft Way and Old Osborne Turnpike +32 Jordans Branch Approximately at 2550 feet downstream of Interstate 64 +160 Henrico County (Unincorporated Areas). Approximately at 710 feet upstream of the Monument Avenue +208 Meredith Branch Approximately at the confluence with Chickahominy River +186 Henrico County (Unincorporated Areas). Approximately 500 feet downstream from Broad Meadows Road +230 North Run Approximately at the confluence with Upham Brook +120 Henrico County (Unincorporated Areas). Approximately 400 feet upstream from the confluence with Upham Brook +120 Rooty Branch Approximately 600 feet downstream from Yates Lane +221 Henrico County (Unincorporated Areas). Approximately 1800 feet upstream from Nuckols Road +233 Tributary A to Gillies Creek Tributary 1 Approximately at the confluence with Gillies Creek Tributary 1 +145 Henrico County (Unincorporated Areas). Approximately 1200 feet upstream from Yates Lane +158 Tributary A to Gillies Creek Tributary 1 Approximately at the confluence with Tributary A to Gillies Creek Tributary 1 +150 Henrico County (Unincorporated Areas). Approximately 750 feet south from Nine Mile Road +160 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Henrico County (Unincorporated Areas) Maps are available for inspection at Henrico West End Government Center, 4301 E. Parham Rd., Richmond, VA 23228. Kitsap County, Washington, and Incorporated Areas Docket No.: FEMA-B-7705 Clear Creek Downstream side of NW Bucklin Hill Road +13 Kitsap County (Unincorporated Areas). Approximately 60 feet downstream of NW Mountain View Road +180 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Kitsap County (Unincorporated Areas) Maps are available for inspection at Department of Public Works, 614 Division Street, Administrative Building, Port Orchard, WA 98366. (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: June 27, 2007. David I. Maurstad, Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E7-13181 Filed 7-6-07; 8:45 am] BILLING CODE 9110-12-P 72 130 Monday, July 9, 2007 Proposed Rules NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 701 Federal Credit Union Bylaws AGENCY: National Credit Union Administration (NCUA). ACTION: Proposed rule; Notice of extension of comment period. SUMMARY: The NCUA Board recently issued a proposed rule to reincorporate the Federal Credit Union
(FCU)Bylaws into NCUA regulations that provided a 60-day comment period. 72 FR 30984 (June 5, 2007). NCUA received a request to extend the comment period and the NCUA Board has decided to extend the comment period for an additional two weeks. DATES: Comments must be received by August 20, 2007. ADDRESSES: You may submit comments by any of the following methods (Please send comments by one method only): • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. • *NCUA Web Site: http://www.ncua.gov/RegulationsOpinionsLaws/proposed_regs/proposed_regs.html.* Follow the instructions for submitting comments. • *E-mail:* Address to *regcomments@ncua.gov.* Include “[Your name] Comments on FCU Bylaws” in the e-mail subject line. • *Fax:*
(703)518-6319. Use the subject line described above for e-mail. • *Mail:* Address to Mary Rupp, Secretary of the Board, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428. • *Hand Delivery/Courier:* Same as mail address. *Public inspection:* All public comments are available on the agency's website at *http://www.ncua.gov/RegulationsOpinionsLaws/comments* as submitted, except as may not be possible for technical reasons. Public comments will not be edited to remove any identifying or contact information. Paper copies of comments may be inspected in NCUA's law library, at 1775 Duke Street, Alexandria, Virginia 22314, by appointment weekdays between 9 a.m. and 3 p.m. To make an appointment, call
(703)518-6546 or send an e-mail to *OGC Mail @ncua.gov.* FOR FURTHER INFORMATION CONTACT: Elizabeth Wirick, Staff Attorney, Office of General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428 or telephone:
(703)518-6540. SUPPLEMENTARY INFORMATION: At its May meeting, the NCUA Board issued a proposed rule to reincorporate the FCU Bylaws into NCUA regulations. 72 FR 30984 (June 5, 2007). NCUA received a request to extend the comment period on the proposed rule for two weeks. Although the Board wants to proceed expeditiously with reincorporation of the Bylaws, it believes a two-week extension will facilitate submission of comments without causing undue delay to the rulemaking process. Accordingly, the comment period for the proposed rule reincorporating the FCU Bylaws into NCUA regulations is extended until August 20, 2007. By the National Credit Union Administration Board on July 2, 2007. Mary F. Rupp, Secretary of the Board. [FR Doc. E7-13273 Filed 7-6-07; 8:45 am] BILLING CODE 7535-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28599; Directorate Identifier 2007-NM-008-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300-600 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for the products listed above. This proposed 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 this AD, is to mandate airworthiness requirements in structural maintenance in accordance with the requirements defined in the AIRBUS A300-600 Airworthiness Limitations Items
(ALI)document issue 11, referenced AI/SE-M2/95A.0502/06, approved by EASA on 31 May 2006. The unsafe condition is fatigue cracking, damage, or corrosion in principal structural elements, which could result in reduced structural integrity of the airplane. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by August 8, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Fax:*
(202)493-2251. • *Mail:* Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1622; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Streamlined Issuance of AD The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to follow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and **Federal Register** requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products. This proposed AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The proposed AD contains text copied from the MCAI and for this reason might not follow our plain language principles. Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-28599; Directorate Identifier 2007-NM-008-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2006-0374, dated December 15, 2006 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI describes the unsafe condition as: The aim of this AD, is to mandate airworthiness requirements in structural maintenance in accordance with the requirements defined in the AIRBUS A300-600 Airworthiness Limitations Items
(ALI)document issue 11, referenced AI/SE-M2/95A.0502/06, approved by EASA on 31 May 2006. Issue 11 of this document (refer to the Summary of Changes chapter for more details) deals in particular with the introduction of new tasks and the reduction of threshold and interval of some ALI tasks. Some other clarifications are also brought to some tasks like for example the access, the applicability period or the applicability. This AD supersedes DGAC AD F-2004-153, as it was mandating A300-600 ALI issue 9. The unsafe condition is fatigue cracking, damage, or corrosion in principal structural elements, which could result in reduced structural integrity of the airplane. Incorporating this revision into the Airworthiness Limitations Section
(ALS)of the Instructions for Continued Airworthiness is intended to ensure the continued structural integrity of these airplanes. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued A300-600 Airworthiness Limitation Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. 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 proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a NOTE within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 138 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $11,040, or $80 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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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: **Airbus:** Docket No. FAA-2007-28599; Directorate Identifier 2007-NM-008-AD. Comments Due Date
(a)We must receive comments by August 8, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Airbus Model A300-600 series airplanes, all certified models, all serial numbers, certificated in any category. Subject
(d)Time Limits/Maintenance Checks. Reason
(e)The mandatory continued airworthiness information
(MCAI)states: The aim of this AD, is to mandate airworthiness requirements in structural maintenance in accordance with the requirements defined in the AIRBUS A300-600 Airworthiness Limitations Items
(ALI)document issue 11, referenced AI/SE-M2/95A.0502/06, approved by EASA on 31 May 2006. Issue 11 of this document (refer to the Summary of Changes chapter for more details) deals in particular with the introduction of new tasks and the reduction of threshold and interval of some ALI tasks. Some other clarifications are also brought to some tasks like for example the access, the applicability period or the applicability. This AD supersedes DGAC AD F-2004-153, as it was mandating A300-600 ALI issue 9. The unsafe condition is fatigue cracking, damage, or corrosion in principal structural elements, which could result in reduced structural integrity of the airplane. Incorporating this revision into the Airworthiness Limitations Section
(ALS)of the Instructions for Continued Airworthiness is intended to ensure the continued structural integrity of these airplanes. Actions and Compliance
(f)Unless already done, within 3 months after the effective date of this AD, revise the ALS of the Instructions for Continued Airworthiness to incorporate Airbus A300-600 Airworthiness Limitation Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006. The tolerance (grace period) for compliance (specified in paragraph 2 of Section B—Program Rules) with Issue 11 of the ALI is within 2,000 flight cycles after the effective date of this AD, provided that none of the following is exceeded:
(1)Thresholds or intervals in the operator's current approved maintenance schedule that are taken from a previous ALI issue, if existing, and are higher than or equal to those given in Issue 11 of the ALI.
(2)8 months after the effective date of this AD.
(3)50 percent of the intervals given in Issue 11 of the ALI.
(4)Any application tolerance given in the task description of Issue 11 of the ALI. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, FAA, ATTN: Tom Stafford, Aerospace Engineer, 1601 Lind Avenue, SW., Renton, Washington; telephone
(425)227-1622; fax
(425)227-1149; has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2006-0374, dated December 15, 2006, and Airbus A300-600 Airworthiness Limitation Items Document AI/SE-M2/95A.0502/06, Issue 11, dated April 2006, for related information. Issued in Renton, Washington, on June 25, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-13211 Filed 7-6-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27865; Directorate Identifier 2007-CE-039-AD] RIN 2120-AA64 Airworthiness Directives; Pacific Aerospace Corporation, Ltd Model 750XL Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for the products listed above. This proposed AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: To prevent the cockpit door windows separating from their frames, * * * The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by August 8, 2007. ADDRESSES: You may send comments by any of the following methods: • *DOT Docket Web Site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Fax:*
(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, 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. 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: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-27865; Directorate Identifier 2007-CE-039-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The Civil Aviation Authority of New Zealand, which is the aviation authority for New Zealand, has issued AD DCA/750XL/10, dated March 29, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: To prevent the cockpit door windows separating from their frames, * * * The MCAI requires you to inspect the windscreen and cockpit door windows for signs of disbonding of the adhesive between the transparency and the composite window frame. If disbonding is evident, you must do the required modification. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Pacific Aerospace Corporation, Ltd has issued Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/024 (embodiment of modification PAC/XL/0276), dated April 18, 2007, and PAC Drawing No. 11-03137 (undated). The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This Proposed 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 proposed 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 proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 7 products of U.S. registry. We also estimate that it would take about 40 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $50 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $22,750, or $3,250 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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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: **Pacific Aerospace Corporation, Ltd:** Docket No. FAA-2007-27865; Directorate Identifier 2007-CE-039-AD. Comments Due Date
(a)We must receive comments by August 8, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Model 750XL airplanes, all serial numbers, certificated in any category, that have not incorporated Pacific Aerospace Limited Service Letter PACSL/XL/07-1, dated April 18, 2007, with Pacific Aerospace LTD Drawing, 11-03129, Issue B or subsequent, in its entirety. Subject
(d)Air Transport Association of America
(ATA)Code 56: Windows. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: To prevent the cockpit door windows separating from their frames, * * * The MCAI requires you to inspect the windscreen and cockpit door windows for signs of disbonding of the adhesive between the transparency and the composite window frame. If disbonding is evident, you must do the required modification. Actions and Compliance
(f)Unless already done, do the following actions:
(1)Within the next 50 hours time-in-service
(TIS)after the effective date of this AD and thereafter at intervals not to exceed 50 hours TIS, inspect the windscreen and cockpit door windows for signs of disbonding of the adhesive between the transparency and the composite window frame following Pacific Aerospace Corporation, Ltd Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/024 (embodiment of modification PAC/XL/0276), dated April 18, 2007, and PAC Drawing No. 11-03137 (undated). If you find disbonding, before further flight, modify the windscreen and cockpit windows to incorporate mechanical fasteners following Pacific Aerospace Corporation, Ltd Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/024 (embodiment of modification PAC/XL/0276), dated April 18, 2007, and PAC Drawing No. 11-03137 (undated).
(2)Within the next 150 hours TIS after the effective date of this AD or the next 6 months after the effective date of this AD, whichever occurs first, modify the windscreen and cockpit windows to incorporate mechanical fasteners following Pacific Aerospace Corporation, Ltd Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/024 (embodiment of modification PAC/XL/0276), dated April 18, 2007, and PAC Drawing No. 11-03137 (undated). 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/750XL/10, dated March 29, 2007; Pacific Aerospace Corporation, Ltd Pacific Aerospace Limited Mandatory Service Bulletin PACSB/XL/024 (embodiment of modification PAC/XL/0276), dated April 18, 2007; PAC Drawing No. 11-03137 (undated); and Pacific Aerospace Limited Service Letter PACSL/XL/07-1, dated April 18, 2007, with Pacific Aerospace LTD Drawing, 11-03129, Issue B or subsequent, for related information. Issued in Kansas City, Missouri, on June 29, 2007. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-13247 Filed 7-6-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28058; Directorate Identifier 2007-NE-08-AD] RIN 2120-AA64 Airworthiness Directives; International Aero Engines AG
(IAE)V2500 Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)for IAE V2500-A1, V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, V2533-A5, V2525-D5, V2528-D5 turbofan engines. This proposed AD would require removing certain No. 4 bearing seal components from service at the next shop visit or by an end date determined by the engine model. This proposed AD results from instances of oil loss from the No. 4 bearing compartment. We are proposing this AD to prevent heat damage to high pressure turbine
(HPT)and low pressure turbine
(LPT)critical life limited hardware such as the HPT stage 1-2 airseal. Damage to the HPT stage 1-2 airseal could cause uncontained engine failure and damage to the airplane. DATES: We must receive any comments on this proposed AD by September 7, 2007. ADDRESSES: Use one of the following addresses to comment on this proposed AD. • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • *Fax:*
(202)493-2251. FOR FURTHER INFORMATION CONTACT: Colleen M. D'Alessandro, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone
(781)238-7133; fax
(781)238-7199. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send us any written relevant data, views, or arguments regarding this proposal. Send your comments to an address listed under ADDRESSES . Include “Docket No. FAA-2007-28058; Directorate Identifier 2007-NE-08-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of the DOT Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov.* Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Discussion Between March 1993 and October 2006, we received reports of 24 confirmed instances of oil loss from the No. 4 bearing compartment. Each instance resulted in the oil igniting and caused heat distress damage to HPT and LPT hardware. International Aero Engines
(IAE)attributes the oil loss to two root causes, fractures of the rear No. 4 carbon seal and insufficient oil scavenging. The fractures result from fracture of the HPT stage 1 disk metering plug due to high-cycle fatigue (HCF). Industry confirms five instances of fractured metering plugs between January 2001 and October 2006. Regarding the insufficient oil scavenging, Industry confirms 19 instances of distress of the HPT, the LPT, or both, caused by oil flooding the No. 4 bearing compartment between March 1993, and October 2006. We have monitored industry's investigation, field actions, and service experience with this problem. However, we conclude that proposed corrective actions are inadequate. These conditions, if not corrected, could result in heat damage to critical life limited hardware such as the HPT stage 1-2 airseal. Damage to the HPT stage 1-2 airseal could cause uncontained engine failure, and damage to the airplane. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design. We are proposing this AD, which would require removing the parts specified in this proposed AD at the next shop visit, but no later than November 2008 for the V2500-A1 model or June 2011 for the—A5 and -D5 models. Costs of Compliance We estimate that this proposed AD would affect 686 engines installed on airplanes of U.S. registry. Of those 686 engines, the operators of nineteen V2500-A1 engines, thirty -A5 engines and twenty-one -D5 engines have already complied with the requirements in the proposed AD. Costs of Compliance per year by Engine Model Engine Model Number of engines per year Total labor cost per year Total parts cost per year Total cost per year V2500-A1 33 $355,080 $7,230,564 $7,585,644 V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, V2533-A5 142 1,368,880 35,790,816 37,159,696 V2525-D5, V2528-D5 5 15,400 276,425 291,825 Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $45,037,165 per year. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed 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. Would 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 proposed AD. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **International Aero Engines AG (IAE):** Docket No. FAA-2007-28058; Directorate Identifier 2007-NE-08-AD. Comments Due Date
(a)The Federal Aviation Administration
(FAA)must receive comments on this airworthiness directive
(AD)action by September 7, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to IAE V2500-A1, V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, V2533-A5, V2525-D5, V2528-D5 turbofan engines with a part listed by part number (P/N) in this AD installed. These engines are installed on, but not limited to, Airbus A319, A320, A321, and Boeing MD-90 airplanes. Unsafe Condition
(d)This proposed AD results from instances of oil loss from the No. 4 bearing compartment. We are issuing this AD to prevent heat damage to high pressure turbine
(HPT)and low pressure turbine
(LPT)critical life limited hardware such as the HPT stage 1-2 airseal. Damage to the HPT stage 1-2 airseal could cause uncontained engine failure, and damage to the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. V2500-A1 Engines
(f)For V2500-A1 engines, remove the parts listed by P/N in the following Table 1 of this AD at the next shop visit after the effective date of this AD but not later than November 30, 2008. The ATA chapter reference of the IAE V2500-A1 engine manual (E-V2500-1IA) contains information on removing the parts. Table 1.—V2500-A1 Parts To Be Removed ATA chapter reference P/N Nomenclature 72-42-20 2A0367-01 Tube Assy of, Weep, No. 4 Bearing Outer. 72-42-20 2A2873-01 Tube Assy of, Weep, No. 4 Bearing Outer. 72-42-20 2A0830-01 Tube, Scavenge, No. 4 Bearing Assy. 72-42-20 2A1949-01 Tube, Scavenge, No. 4 Bearing Assy. 72-42-20 2A2028-01 Tube, Scavenge, No. 4 Bearing Assy. 72-42-20 2A0830-001 Tube, Scavenge, No. 4 Bearing Assy. 72-42-20 2A2274-01 Tube, Scavenge, No. 4 Bearing Assy. 72-42-33 2A0853 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A2055 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A2834 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A2930 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A3525 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A3538 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A0851 Support Assy, No. 4 Bearing Seal. 72-42-33 2A2833 Support, No. 4 Bearing, Seal Assy. 72-42-33 2A3537 Support, No. 4 Bearing Seal Assy. 72-42-35 2A0892-01 Duct Assy, Cooling Air, No. 4 Bearing, Front. 72-42-35 2A2257-01 Duct Assy, Cooling Air, No. 4 Bearing, Front. 72-43-20 2A2056 Seal Assy, No. 4 Bearing, Rear. 72-43-20 2A2931 Seal Assy, No. 4 Bearing, Rear. 72-43-20 2A3526 Seal Assy, No. 4 Bearing, Rear. 72-43-20 2A0847 Seal Ring Holder. 72-43-20 2A0891-01 Duct Assy, Cooling Air, No. 4 Bearing, Rear. 72-43-20 2A1205-01 Duct Assy, Cooling Air, No. 4 Bearing, Rear. 72-43-20 2A3078-01 Duct Assy, Cooling Air, No. 4 Bearing, Rear. 72-45-11 2A0594 Metering Plug, HPT Hub, Stage 1. 72-45-11 2A1040 Metering Plug, HPT Hub, Stage 1. 72-45-11 2A2181 Metering Plug, HPT Hub, Stage 1. 72-45-13 2A0884 Seal Air, HPT Stage 1. 72-45-13 2A1203 Seal Air, HPT Stage 1. 72-45-13 2A0884-001 Seal Air, HPT Stage 1. 79-22-49 5R8111 Tube A/O Oil—No. 4 Brg Scav Dif Case to Bif Panel. 79-22-49 5R8138 Tube A/O Oil—No. 4 Brg Scav Dif Case to Bif Panel. 79-22-49 6A5367 Tube A/O Oil—No. 4 Brg Scav Dif Case to Bif Panel. 79-22-49 5A9083 Tube A/O Oil—No. 4 Brg Discon to Discon. 79-22-49 5A9084 Tube A/O Oil—No. 4 Brg Discon to Scav Valve. 79-22-49 5A8573 Tube A/O Oil—Press ‘T’ To Pressurre Transducer. 79-23-51 1648MK2 Scavenge Valve. V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, and V2533-A5 Engines
(g)For V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, and V2533-A5 engines, remove the parts listed by P/N in the following Table 2 of this AD at the next shop visit after the effective date of this AD but not later than June 30, 2011. The ATA chapter reference of the IAE V2500-A5 engine manual (E-V2500-1IA) contains information on removing the parts. Table 2.—V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, and V2533-A5 Parts To Be Removed ATA chapter reference P/N Nomenclature 72-42-20 2A0367-01 Tube Assy of, Weep, No. 4 Bearing Outer. 72-42-20 2A2873-01 Tube Assy of, Weep, No. 4 Bearing Outer. 72-42-20 2A0830-01 Tube, Scavenge, No. 4 Bearing Assy. 72-42-20 2A1949-01 Tube, Scavenge, No. 4 Bearing Assy. 72-42-33 2A0853 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A2834 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A2930 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A3525 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A3538 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A0851 Support Assy, No. 4 Bearing Seal. 72-42-33 2A2833 Support, No. 4 Bearing, Seal Assy. 72-42-33 2A3537 Support, No. 4 Bearing Seal Assy. 72-42-35 2A0892-01 Duct Assy, Cooling Air, No. 4 Bearing, Front. 72-42-35 2A2257-01 Duct Assy, Cooling Air, No. 4 Bearing, Front. 72-43-20 2A2056 Seal Assy, No. 4 Bearing, Rear. 72-43-20 2A2931 Seal Assy, No. 4 Bearing, Rear. 72-43-20 2A3526 Seal Assy, No. 4 Bearing, Rear. 72-43-20 2A0847 Seal Ring Holder. 72-43-20 2A0891-01 Duct Assy, Cooling Air, No. 4 Bearing, Rear. 72-43-20 2A1205-01 Duct Assy, Cooling Air, No. 4 Bearing, Rear. 72-43-20 2A3078-01 Duct Assy, Cooling Air, No. 4 Bearing, Rear. 72-45-11 2A0594 Metering Plug, HPT Hub, Stage 1. 72-45-11 2A1040 Metering Plug, HPT Hub, Stage 1. 72-45-11 2A2354 Metering Plug, HPT Hub, Stage 1. 72-45-11 2A3182 Metering Plug, HPT Hub, Stage 1. 72-45-13 2A1352 Seal Air, HPT Stage 1. 72-45-13 2A3032 Seal Air, HPT Stage 1. 79-22-49 5R8111 Tube A/O Oil—No. 4 Brg Scav Dif Case to Bif Panel. 79-22-49 5R8138 Tube A/O Oil—No. 4 Brg Scav Dif Case to Bif Panel. 79-22-49 6A5367 Tube A/O Oil—No. 4 Brg Scav Dif Case to Bif Panel. 79-22-49 5A9083 Tube A/O Oil—No. 4 Brg Discon to Discon. 79-22-49 5A9084 Tube A/O Oil—No. 4 Brg Discon to Scav Valve. 79-22-49 5A8573 Tube A/O Oil—Press ‘T’ To Pressure Transducer.
(h)For V2522-A5, V2524-A5, V2527-A5, V2527E-A5, V2527M-A5, V2530-A5, and V2533-A5 engines with high pressure turbine
(HPT)stage 1 rotor assembly, P/Ns 2A9521-002 and 2A9621-002, the stage 1 HPT hub metering plug, P/N 2A3182, does not need to be removed. V2525-D5 and V2528-D5 Engines
(i)For V2525-D5 and V2528-D5 engines, remove the parts listed by P/N in the following Table 3 of this AD at the next shop visit after the effective date of this AD but not later than June 30, 2011. The ATA chapter reference of the IAE V2500-D5 engine manual (E-V2500-3IA) contains information on removing the parts. Table 3.—V2525-D5 and V2528-D5 Parts to be Removed ATA chapter reference P/N Nomenclature 72-42-20 2A0367-01 Tube Assy of, Weep, No. 4 Bearing Outer. 72-42-20 2A2873-01 Tube Assy of, Weep, No. 4 Bearing Outer. 72-42-33 2A0851 Support Assy, No. 4 Bearing Seal. 72-42-33 2A2833 Support, No. 4 Bearing, Seal Assy. 72-42-33 2A3537 Support, No. 4 Bearing Seal Assy. 72-42-33 2A2834 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A2930 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A3525 Seal Assy, No. 4 Bearing, Front. 72-42-33 2A3538 Seal Assy, No. 4 Bearing, Front. 72-42-35 2A2257-01 Duct Assy, Cooling Air, No. 4 Bearing, Front. 72-43-20 2A2056 Seal Assy, No. 4 Bearing, Rear. 72-43-20 2A2931 Seal Assy, No. 4 Bearing, Rear. 72-43-20 2A3526 Seal Assy, No. 4 Bearing, Rear. 72-43-20 2A0847 Seal Ring Holder. 72-43-20 2A1205-01 Duct Assy, Cooling Air, No. 4 Bearing, Rear. 72-43-20 2A3078-01 Duct Assy, Cooling Air, No. 4 Bearing, Rear. 72-45-11 2A3182 Metering Plug, HPT Hub, Stage 1. 72-45-11 2A2354 Metering Plug, HPT Hub, Stage 1. 72-45-13 2A1352 Seal Air, HPT Stage 1. 72-45-13 2A3032 Seal Air, HPT Stage 1. All Engines
(j)After the effective date of this AD, do not install any part that has a P/N listed in this AD. Alternative Methods of Compliance
(k)The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information
(l)International Aero Engines non-modification Service Bulletin No. V2500-ENG-72-0541, Revision 1, dated February 26, 2007, pertains to the subject of this AD. Issued in Burlington, Massachusetts, on July 2, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E7-13256 Filed 7-6-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28620; Directorate Identifier 2007-NM-090-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)for certain Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes. This proposed AD would require repetitive inspections for cracking of the station
(STA)1241 bulkhead fittings just above the canted pressure deck; a one-time determination of the edge margin at seven fastener positions on each side of the airplane; and related investigative/corrective actions if necessary. This proposed AD results from a report that an operator found a 1.65-inch crack on the STA 1241 bulkhead fitting on the left side of a Boeing Model 747-200F series airplane that had accumulated 17,332 total flight cycles. We are proposing this AD to detect and correct cracking in the STA 1241 bulkhead fittings, which could result in reduced structural integrity of the airplane. DATES: We must receive comments on this proposed AD by August 23, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Fax:
(202)493-2251. • Hand Delivery: Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for the service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6437; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “FAA-2007-28620; Directorate Identifier 2007-NM-090-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov.* Examining the Docket You may examine the airworthiness directive
(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone
(800)647- 5527) is located on the ground floor of the West Building at the street address stated in the ADDRESSES section. Discussion We have received a report that an operator found a 1.65-inch crack on the station
(STA)1241 bulkhead fitting on the left side of a Boeing Model 747-200F series airplane that had accumulated 17,332 total flight cycles. The crack was at a fastener hole just above the canted pressure deck. The STA 1241 fitting was replaced on this airplane. The STA 1241 bulkhead fittings on Model 747 airplanes are 140-inch long aluminum forgings that extend from stringer 19 down through the pressure deck and attach to the wing rear spar. Cracking in the STA 1241 bulkhead fittings, if not found and repaired, can become large and result in reduced structural integrity of the airplane. Other Relevant Rulemaking On January 16, 1990, we issued AD 90-06-06, amendment 39-6490, (55 FR 8374, March 7, 1990), for certain Boeing Model 747 series airplanes listed in Boeing Document No. D6-35999, dated March 31, 1989. That AD requires, among other actions, replacement of the STA 1241 bulkhead splice straps in accordance with Boeing Service Bulletin 747-53-2283, Revision 3, dated November 1, 1989. We issued that AD to prevent structural failure of the affected airplanes. The date of that replacement is used to determine the compliance threshold for certain airplanes affected by this proposed AD. On March 18, 1992, we issued AD 92-08-02, amendment 39-8213 (57 FR 12869, April 14, 1992), for certain Boeing Model 747 airplanes. That AD requires repetitive inspections of the STA 1241 bulkhead splice straps in accordance with Boeing Service Bulletin 747-53-2283, Revision 3, dated November 1, 1989, and repair if necessary. Boeing Service Bulletin 747-53-2219 is an alternative method of compliance
(AMOC)for certain repairs required by that AD. The date of modification in accordance with Boeing Service Bulletin 747-53-2219 is used to determine the compliance threshold for certain airplanes affected by this proposed AD. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 747-53A2658, dated February 22, 2007. The service bulletin describes procedures for doing repetitive inspections (internal surface high frequency eddy current and external ultrasonic) for cracking of the STA 1241 bulkhead fittings just above the canted pressure deck. The service bulletin also specifies a one-time determination of the edge margin at seven fastener positions on each side of the airplane. If the edge margin of a fastener hole is less than 1.35 times the diameter of the hole, the related investigative/corrective action is contacting Boeing for special inspection data. For any crack found during a repetitive inspection, the corrective action is contacting Boeing for repair data. The compliance threshold for doing the initial inspection varies according to the configuration of the airplane, and according to the date of previous splice strap replacement or date of previous bulkhead modification as described above under “Other Relevant Rulemaking.” The thresholds described in Boeing Alert Service Bulletin 747-53A2658 are as follows: • For airplanes in the original configuration, or as modified in accordance with Boeing Service Bulletin 747-53-2219 (AMOC for AD 92-08-02): Before the accumulation of 10,000 total flight cycles, or 1,500 flight cycles after the effective date on Boeing Alert Service Bulletin 747-53A2658, whichever occurs later. • For airplanes modified in accordance with Boeing Service Bulletin 747-53-2283 (AD 90-06-06): Before the accumulation of 5,000 flight cycles since modification in accordance with Boeing Service Bulletin 747-53-2283, or within 1,500 flight cycles after the date on Boeing Alert Service Bulletin 747-53A2658, whichever occurs later. The compliance time for doing the first repeat inspection varies according to the smallest calculated edge margin at the seven fastener positions on each side of the airplane. The earliest specified range for doing the first repetitive inspection is before the accumulation of 11,500 total flight cycles, or within 1,500 flight cycles since the initial inspection, whichever occurs later. The latest specified range for doing the first repeat inspection is before the accumulation of 15,000 total flight cycles, or within 5,000 flight cycles since the initial inspection, whichever occurs later. Afterward, the repetitive intervals range from intervals not to exceed 1,500 flight cycles, to intervals not to exceed 5,000 flight cycles. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously, except as discussed under “Difference Between the Proposed AD and the Service Bulletin.” Difference Between the Proposed AD and the Service Bulletin The service bulletin specifies to contact the manufacturer for instructions on how to do certain inspections and repairs, but this proposed AD would require inspection or repair in one of the following ways: • Using a method that we approve; or • Using data that meet the certification basis of the airplane, and that have been approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization whom we have authorized to make those findings. Costs of Compliance There are about 455 airplanes of the affected design in the worldwide fleet. This proposed AD would affect about 133 airplanes of U.S. registry. The proposed actions would take about 14 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $148,960, or $1,120 per airplane, per inspection cycle. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **Boeing:** Docket No. FAA-2007-28620; Directorate Identifier 2007-NM-090-AD. Comments Due Date
(a)The FAA must receive comments on this AD action by August 23, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes, certificated in any category; as identified in Boeing Alert Service Bulletin 747-53A2658, dated February 22, 2007. Unsafe Condition
(d)This AD results from a report that an operator found a 1.65-inch crack on the station
(STA)1241 bulkhead fitting on the left side of a Boeing Model 747-200F series airplane that had accumulated 17,332 total flight cycles. We are issuing this AD to detect and correct cracking in the STA 1241 bulkhead fittings, which could result in reduced structural integrity of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspections and Corrective Action
(f)At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 747-53A2658, dated February 22, 2007: Do internal surface high-frequency eddy current and external ultrasonic inspections for cracking of the STA 1241 bulkhead fittings just above the canted pressure deck; determine the edge margin at seven fastener positions on each side of the airplane; and do all applicable related investigative/corrective actions; by doing all of the actions specified in the Accomplishment Instructions of Boeing Alert Service Bulletin 747-53A2658, dated February 22, 2007, except as provided by paragraphs (f)(1) and (f)(2) of this AD. Do all applicable related investigative/corrective actions before further flight. Repeat the inspections thereafter at the applicable interval specified in paragraph 1.E., “Compliance” of the service bulletin.
(1)Where the service bulletin specifies to contact Boeing for appropriate action, before further flight, do the action using a method approved in accordance with the procedures specified in paragraph
(g)of this AD.
(2)Where the service bulletin specifies a compliance time after the date on the service bulletin, this AD requires compliance within the specified compliance time after the effective date of this AD. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Issued in Renton, Washington, on June 25, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-13263 Filed 7-6-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28598; Directorate Identifier 2007-NM-036-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 757-200, -200CB, -200PF, and -300 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to adopt a new airworthiness directive
(AD)for all Boeing Model 757-200, -200CB, -200PF, and -300 series airplanes. This proposed AD would require installation of an automatic shutoff system for the center tank fuel boost pumps, and installation of a placard in the airplane flight deck if necessary. This proposed AD would also require revisions to the Limitations and Normal Procedures sections of the airplane flight manual to advise the flightcrew of certain operating restrictions for airplanes equipped with an automated center tank fuel pump shutoff control. This proposed AD would also require a revision to the Airworthiness Limitations
(AWLs)section of the Instructions for Continued Airworthiness to incorporate AWL No. 28-AWL-20 and No. 28-AWL-26. This proposed AD would also require replacement of the fuel control panel assembly with a modified part, installation of two secondary pump control relays for the center tank fuel pumps, other specified actions, and concurrent modification of the fuel control panel assembly. This proposed AD results from fuel system reviews conducted by the manufacturer. We are proposing this AD to prevent center tank fuel pump operation with continuous low pressure, which could lead to friction sparks or overheating in the fuel pump inlet or could create a potential ignition source inside the center fuel tank; these conditions, in combination with flammable fuel vapors, could result in a center fuel tank explosion and consequent loss of the airplane. DATES: We must receive comments on this proposed AD by August 23, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Fax:
(202)493-2251. • Hand Delivery: Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for the service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Judy Coyle, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6497; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the ADDRESSES section. Include the docket number “FAA-2007-28598; Directorate Identifier 2007-NM-036-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78), or you may visit *http://dms.dot.gov* . Examining the Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* , or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone
(800)647-5527) is located on the ground floor of the West Building at the DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled “Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements” (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (“SFAR 88,” Amendment 21-78, and subsequent Amendments 21-82 and 21-83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate
(TC)and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with a latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this proposed AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Boeing has found that certain failures will result in the center tank fuel pumps continuing to run after the tank has been depleted. Depending on the failure, pump low pressure may not be annunciated, or power may not be removed from the pump when the pump has been commanded “OFF.” Operation of the center tank fuel pump with continuous low pressure could lead to friction sparks or overheating in the fuel boost pump inlet. This condition, if not corrected, could result in a fuel tank explosion and consequent loss of the airplane. Other Relevant Rulemaking On September 24, 2002, we issued AD 2002-19-52, amendment 39-12900 (67 FR 61253, September 30, 2002), applicable to all Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes, Model 747 airplanes, and Model 757 airplanes. That AD requires revising the airplane flight manual
(AFM)to advise the flightcrew of certain operating restrictions for maintaining minimum fuel levels, prohibits use of the horizontal stabilizer tank on certain airplanes, and prohibits the installation of certain fuel pumps. That AD requires concurrent removal of the currently required AFM revisions and insertion of new AFM revisions, requires installation of placards to alert the flightcrew to the operating restrictions, and prohibits installation of any un-inspected pumps. That AD permits the AFM revision and placard to be removed under certain conditions. Installation of a placard in accordance with paragraph
(e)of AD 2002-19-52, amendment 39-12900, is acceptable for compliance with paragraph
(h)of this AD. On November 23, 2002, we issued emergency AD 2002-24-51, amendment 39-12992, applicable to all Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes, Model 747 airplanes, and Model 757 airplanes. (We issued a **Federal Register** version of AD 2002-24-51 on December 23, 2002 (68 FR 10, January 2, 2003).) That AD requires revising the AFM to require the flightcrew to maintain certain minimum fuel levels in the center fuel tanks and, for certain airplanes, to prohibit the use of the horizontal stabilizer fuel tank and certain center auxiliary fuel tanks. Accomplishing the actions specified in paragraphs (g), (h), (i), and
(j)of this proposed AD would terminate the AFM revision specified in paragraph
(e)of AD 2002-24-51 for Model 757-200, -200CB, -200PF, and -300 series airplanes that have the automatic shutoff system installed. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 757-28A0081, dated February 16, 2006, for Model 757-200, -200CB, and -200PF series airplanes; and Boeing Alert Service Bulletin 757-28A0082, dated February 16, 2006, for Model 757-300 series airplanes. These service bulletins describe procedures for installing an automatic shutoff system for the center tank fuel boost pumps. Installation of the automatic shutoff system includes the following actions: • In the main flight compartment, installing time delay relays in the P33 and P37 relay panels and installing automatic shutoff fuel test switches at the E2-1 rack stanchion. • At the P11-3 and P11-4 circuit breaker panels in the flight compartment, adding new circuit breakers and replacing the light plate with a new improved light plate. • Changing certain wire bundles in the P11-3 and P11-4 circuit breaker panels, in the P33 and P37 relay panels, between the P33 relay panel and the P5 overhead panel, between the P37 relay panel and the P5 overhead panel, and between the P11-3 circuit breaker panel and the P33 relay panel. • Installing new wire bundles between the P33 relay panel and the test switch at the E2-1 rack stanchion and between the P37 relay panel and the test switch at the E2-1 rack stanchion. We have also reviewed Section 9 of the Boeing 757 Maintenance Planning Data
(MPD)Document, D622N001-9, Revision January 2006 (hereafter referred to as “Revision January 2006 of the MPD”). Subsection G, “AIRWORTHINESS LIMITATIONS—FUEL SYSTEMS AWLs,” of Revision January 2006 of the MPD describes new airworthiness limitations
(AWLs)for fuel tank systems. The AWLs include: • AWL inspections, which are periodic inspections of certain features for latent failures that could contribute to an ignition source. • Critical design configuration control limitations (CDCCLs), which are limitation requirements to preserve a critical ignition source prevention feature of the fuel tank system design that is necessary to prevent the occurrence of an unsafe condition. The purpose of a CDCCL is to provide instruction to retain the critical ignition source prevention feature during configuration change that may be caused by alterations, repairs, or maintenance actions. A CDCCL is not a periodic inspection. Revision January 2006 of the MPD adds new fuel system AWL No. 28-AWL-20, which is a repetitive inspection of the automatic shutoff system for the center tank fuel boost pumps to verify functional integrity. We have also reviewed Boeing Alert Service Bulletin 757-28A0105, Revision 1, dated April 2, 2007, for Model 757-200, -200CB, -200PF, and -300 series airplanes. This service bulletin describes procedures for replacing fuel control panel assembly part number (P/N) 233N3206-( ) (equipment number M10055) with a modified fuel control panel assembly, installing two secondary override pump control relays for the center tank fuel pumps in the P33 and P37 relays panels, and doing other specified actions. The other specified actions include the following: • Changing the W2066 wire bundle located between the P5 overhead panel in the flight compartment and the P33 relay panel located in the main equipment center. • Changing the W2070 wire bundle located between the P5 overhead panel in the flight compartment and P37 relay panel located in the main equipment center. • Changing the W1230 wire bundle at the P33 relay panel. • Changing the W1270 wire bundle at the P37 relay panel. • Doing a functional test of the left and right primary and secondary override pump control relays. • Doing a pump reversal test of the left and right override fuel pumps. We have also reviewed Boeing Temporary Revision
(TR)09-006, dated January 2007. Boeing TR 09-006 is published as Section 9 of the Boeing 757 MPD Document, D622N001-9, Revision January 2007 (hereafter referred to as “Revision January 2007 of the MPD”). Subsection G of Revision January 2007 of the MPD adds new fuel system AWL No. 28-AWL-26, which is a repetitive inspection of the power failed on protection system for the center tank fuel boost pumps to verify functional integrity. Boeing Alert Service Bulletin 757-28A0105 specifies prior or concurrent accomplishment of BAE Systems Service Bulletin 233N3206-28-03, dated October 4, 2006. The BAE Systems service bulletin describes procedures for modifying the M10055 fuel control panel assembly, P/N 233N3206-( ), to provide protection from “uncommanded pump ON” situations. The modification includes rerouting the J2 connector wire bundles from the forward left main pump switch S2 to the left center pump switch S6, rerouting the J3 connector wire bundles from the forward right main pump switch S5 to the right center pump switch S7, and installing new tie clips to secure the rerouted wire bundles. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. FAA's Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. For this reason, we are proposing this AD, which would require the following actions: • Installation of an automatic shutoff system for the center tank fuel boost pumps. • Installation of a placard in the airplane flight deck, if necessary. (Placards are necessary only for “mixed fleet operation,” which means that some airplanes in an operator's fleet are equipped with automatic shutoff systems while other airplanes are not.) • Revisions to the Limitations and Normal Procedures sections of the AFM to advise the flightcrew of certain operating restrictions for airplanes equipped with an automated center tank fuel pump shutoff control. • Revision to the AWLs section of the Instructions for Continued Airworthiness to incorporate AWL No. 28-AWL-20, which would require repetitive inspections of the automatic shutoff system for the center tank fuel boost pumps to verify functional integrity. • Replacement of fuel control panel assembly P/N 233N3206-( ) with a modified fuel control panel assembly, installation of two secondary override pump control relays for the center tank fuel pumps in the P33 and P37 relays panels, and other specified actions. • Concurrent modification of the M10055 fuel control panel assembly, P/N 233N3206-( ). • Revision to the AWLs section of the Instructions for Continued Airworthiness to incorporate AWL No. 28-AWL-26, which would require repetitive inspections of the power failed on protection system for the center tank fuel boost pumps to verify functional integrity. This proposed AD would also allow accomplishing the revision to the AWLs section of the Instructions for Continued Airworthiness in accordance with later revisions of the MPD as an acceptable method of compliance if they are approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. Costs of Compliance There are about 1,094 Model 757-200, -200CB, -200PF, and -300 series airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs, at an average labor rate of $80 per hour, for U.S. operators to comply with this proposed AD. The estimated cost of parts in the following table depends on the configuration of an airplane. Estimated Costs Model Action Work hours Parts Cost per airplane Number of U.S.-registered airplanes Fleet cost 757-200, -200CB, and -200PF, series airplanes Installation of the automatic shutoff system 91 $8,309 to $9,194 $15,309 to $16,474 631 $9,836,659 to $10,395,094. 757-300 series airplanes Installation of the automatic shutoff system 51 $8,598 to $8,654 $12,678 to $12,734 75 $950,850 to $955,050. 757-200, -200CB, -200PF, and -300 series airplanes Placard installation, if necessary 1 $10 $90 706 $63,540. AFM revision 1 None $80 706 $56,480. Maintenance program revision 1 None $80 706 $56,480. Installation of secondary pump control relays 29 $2,097 $4,417 706 $3,118,402. Concurrent modification of the fuel control panel assembly 2 $40 $200 706 $141,200. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **Boeing:** Docket No. FAA-2007-28598; Directorate Identifier 2007-NM-036-AD. Comments Due Date
(a)The FAA must receive comments on this AD action by August 23, 2007. Affected ADs
(b)Accomplishing certain paragraphs of this AD terminates certain requirements of AD 2002-24-51, amendment 39-12992. Applicability
(c)This AD applies to all Boeing Model 757-200, -200CB, -200PF, and -300 series airplanes, certificated in any category. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections of the automatic shutoff system for the center tank fuel boost pumps. Compliance with these inspections is required by 14 CFR 43.16 and 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph
(p)of this AD. The request should include a description of changes to the required inspections that will ensure acceptable maintenance of the automatic shutoff system. Unsafe Condition
(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent center tank fuel pump operation with continuous low pressure, which could lead to friction sparks or overheating in the fuel pump inlet or could create a potential ignition source inside the center fuel tank; these conditions, in combination with flammable fuel vapors, could result in a center fuel tank explosion and consequent loss of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Service Bulletin References
(f)The term “service bulletin,” as used in this AD, means the Accomplishment Instructions of the following service bulletins, as applicable. **Table 1.—Service Bulletin References** Airplanes Action Service Bulletin Model 757-200, -200CB, and -200PF series airplanes Installation specified in paragraph
(g)of this AD Boeing Alert Service Bulletin 757-28A0081, dated February 16, 2006. Model 757-300 series airplanes Installation specified in paragraph
(g)of this AD Boeing Alert Service Bulletin 757-28A0082, dated February 16, 2006. For Model 757-200, -200CB, -200PF, and -300 series airplanes Installation specified in paragraph
(k)of this AD Boeing Alert Service Bulletin 757-28A0105, Revision 1, dated April 2, 2007. Installation of Automatic Shutoff System for the Center Tank Fuel Boost Pumps
(g)Within 36 months after the effective date of this AD: Install an automatic shutoff system for the center tank fuel boost pumps, by accomplishing all of the actions specified in the applicable service bulletin. If a placard has been previously installed on the airplane in accordance with paragraph
(h)of this AD, the placard may be removed from the flight deck of only that airplane after the automatic shutoff system has been installed. Installing automatic shutoff systems on all airplanes in an operator's fleet, in accordance with this paragraph, terminates the placard installation required by paragraph
(h)of this AD, for all airplanes in an operator's fleet. Placard Installation for Mixed Fleet Operation
(h)Concurrently with installing an automatic shutoff system on any airplane in a operator's fleet, as required by paragraph
(g)of this AD: Install a placard adjacent to the pilot's primary flight display on all airplanes in the operator's fleet not equipped with an automatic shutoff system for the center tank fuel boost pumps. The placard reads as follows (alternative placard wording may be used if approved by an appropriate FAA Principal Operations Inspector): “AD 2002-24-51 fuel usage restrictions required.” Installation of a placard in accordance with paragraph
(e)of AD 2002-19-52, amendment 39-12900, is acceptable for compliance with the requirements of this paragraph. Installing an automatic shutoff system on an airplane, in accordance with paragraph
(g)of this AD, terminates the placard installation required by this paragraph, for only that airplane. Installing automatic shutoff systems on all airplanes in an operator's fleet, in accordance with paragraph
(g)of this AD, terminates the placard installation required by this paragraph, for all airplanes in an operator's fleet. If automatic shutoff systems are installed concurrently on all airplanes in an operator's fleet in accordance with paragraph
(g)of this AD, or if operation according to the fuel usage restrictions of AD 2002-24-51 is maintained until automatic shutoff systems are installed on all airplanes in an operator's fleet, the placard installation specified in this paragraph is not required. Airplane Flight Manual
(AFM)Revision
(i)Concurrently with accomplishing the actions required by paragraph
(g)of this AD: Do the actions specified in paragraphs (i)(1) and (i)(2) of this AD.
(1)Revise Section 1 of the Limitations section of the Boeing 757 AFM to include the following statement. This may be done by inserting a copy of this AD in the AFM. “Intentional dry running of a center tank fuel pump (CTR L FUEL PUMP or CTR R FUEL PUMP message displayed on EICAS) is prohibited.” Note 2: When a statement identical to that in paragraph (i)(1) of this AD has been included in the general revisions of the AFM, the general revisions may be inserted into the AFM, and the copy of this AD may be removed from the AFM.
(2)Revise Section 3.1 of the Normal Procedures section of the Boeing 757 AFM to include the following statements. This may be done by inserting a copy of this AD in the AFM. “Procedures contained on this page are applicable to airplanes equipped with the automatic center tank fuel pump power removal system per Boeing Service Bulletin 757-28A0081 (757-200 Series) or 757-28A0082 (757-300 Series). CENTER TANK FUEL PUMPS Center tank fuel pump switches must not be “ON” unless personnel are available in the flight deck to monitor low PRESS lights. For ground operations prior to engine start: The center tank fuel pump switches must not be positioned ON unless the center tank contains usable fuel. With center tank fuel pump switches ON, verify both center tank fuel pump low PRESS lights are illuminated and EICAS CTR L FUEL PUMP and CTR R FUEL PUMP messages are displayed. For ground operations after engine start and flight operations: The center tank fuel pump switch must be selected OFF when the respective CTR L FUEL PUMP or CTR R FUEL PUMP message displays. Both center tank fuel pump switches must be selected OFF when either the CTR L FUEL PUMP or CTR R FUEL PUMP message displays if the center tank is empty. During cruise flight, both center tank pump switches may be reselected ON whenever center tank usable fuel is indicated. DE-FUELING AND FUEL TRANSFER When transferring fuel or de-fueling center or main wing tanks, the center fuel pump low PRESS must be monitored and the fuel pump switches positioned to “OFF” at the first indication of low pressure. Prior to transferring fuel or de-fueling, conduct a lamp test of the respective fuel pump low PRESS lights. De-fueling main wing tanks with passengers onboard is prohibited if main tank fuel pumps are powered. De-fueling center wing tank with passengers onboard is prohibited if the center wing tank fuel pumps are powered with the automatic center tank fuel pump power removal system inhibited. Fuel may be transferred from tank to tank, or the aircraft may be de-fueled with passengers onboard, provided fuel quantity in the tank from which fuel is being transferred from is maintained above 2,000 pounds (900 kilograms).” Note 3: When statements identical to those in paragraph (i)(2) of this AD have been included in the general revisions of the AFM, the general revisions may be inserted into the AFM, and the copy of this AD may be removed from the AFM. Airworthiness Limitations
(AWLs)Revision for AWL No. 28-AWL-20
(j)Concurrently with accomplishing the actions required by paragraph
(g)of this AD: Revise the AWLs section of the Instructions for Continued Airworthiness by incorporating AWL No. 28-AWL-20 of Subsection G of the Boeing 757 Maintenance Planning Data
(MPD)Document, D622N001-9, Section 9, Revision January 2006, into the MPD. Accomplishing the revision in accordance with a later revision of the MPD is an acceptable method of compliance if the revision is approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. Installation of Secondary Override Pump Control Relays
(k)Within 60 months after the effective date of this AD: Replace fuel control panel assembly part number 233N3206-( ) (equipment number M10055) with a modified fuel control assembly, install the secondary override pump control relays for the center tank fuel pumps in the P33 and P37 relays panels, and do all other specified actions as applicable, by accomplishing all of the applicable actions specified in the applicable service bulletin. The other specified actions must be accomplished before further flight after installing the secondary override pump control relays. Concurrent Modification of the M10055 Fuel Control Panel Assembly
(l)For airplanes identified in paragraph 1.A.1. of Boeing Alert Service Bulletin 757-28A0105, Revision 1, dated April 2, 2007, equipped with any fuel control panel assembly identified in paragraph 1.A. of BAE Systems Service Bulletin 233N3206-28-03, dated October 4, 2006: Before or concurrently with accomplishing the actions required by paragraph
(k)of this AD, modify the fuel control panel assembly, in accordance with BAE Systems Service Bulletin 233N3206-28-03, dated October 4, 2006. AWLs Revision for AWL No. 28-AWL-26
(m)Before or concurrently with accomplishing the actions required by paragraph
(k)of this AD: Revise the AWLs section of the Instructions for Continued Airworthiness by incorporating AWL No. 28-AWL-26 of Boeing Temporary Revision
(TR)09-006, dated January 2007, into the MPD. Boeing TR 09-006 is published as Section 9 of the Boeing 757 MPD Document, D622N001-9, Revision January 2007. Accomplishing the revision in accordance with a later revision of the MPD is an acceptable method of compliance if the revision is approved by the Manager, Seattle ACO. Terminating Action for AD 2002-24-51
(n)Accomplishing the actions required by paragraphs (g), (h), (i), and
(j)of this AD terminates the AFM limitations required by paragraph
(e)of AD 2002-24-51 for Model 757-200, -200CB, -200PF, and -300 series airplanes that have the automatic shutoff system installed, except for the following limitation: “Warning—Do not reset a tripped fuel pump circuit breaker.” Except for this limitation, all other AFM limitations required by paragraph
(e)of AD 2002-24-51 for Model 757-200, -200CB, -200PF, and -300 series airplanes may be removed from the AFM after accomplishing the actions required by paragraphs (g), (h), (i), and
(j)of this AD. Credit for Actions Done According to Previous Issue of Service Bulletin
(o)Actions accomplished before the effective date of this AD in accordance with Boeing Alert Service Bulletin 757-28A0105, dated January 31, 2007, are considered acceptable for compliance with the corresponding actions specified in paragraph
(k)of this AD. Alternative Methods of Compliance (AMOCs) (p)(1) The Manager, Seattle ACO, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(3)Installation of TDG Aerospace, Inc. Universal Fault Interrupter (UFI), installed and maintained in accordance with Supplemental Type Certificate
(STC)ST01950LA, is approved as an AMOC with paragraphs
(a)through
(m)of this AD. Note 4: Information concerning the existence of approved AMOCs with this AD, if any, may be obtained from the Seattle ACO. Issued in Renton, Washington, on June 25, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-13265 Filed 7-6-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 2 [Docket No. 2006N-0454] RIN 0910-AF93 Use of Ozone-Depleting Substances; Removal of Essential-Use Designations; Public Meeting AGENCY: Food and Drug Administration, HHS. ACTION: Proposed rule; notice of public meeting. SUMMARY: The Food and Drug Administration
(FDA)is announcing a public meeting to solicit comments on a proposed rule that would amend FDA's regulation on the use of ozone-depleting substances
(ODSs)in self-pressurized containers to remove essential-use designations for certain oral pressurized metered-dose inhalers (MDIs). In the **Federal Register** of June 11, 2007 (72 FR 32030), the agency proposed to remove the essential use designation for MDIs containing flunisolide, triamcinolone, metaproterenol, pirbuterol, albuterol and ipratropium in combination, cromolyn, and nedocromil. Information from the public meeting, which is required by agency regulations, will be considered in finalizing the rulemaking. DATES: The public meeting will be held on August 2, 2007, from 9 a.m. to 3:30 p.m. Submit written or electronic comments for consideration at the meeting and requests to speak at the meeting by July 25, 2007. Register to attend the meeting by July 25, 2007. Submit written or electronic comments on the proposed rule and this notice by August 10, 2007. ADDRESSES: The public meeting will be held at FDA, Center for Drug Evaluation and Research Advisory Committee Conference Room, 5630 Fishers Lane, rm. 1066, Rockville, MD 20852. You may submit comments, identified by Docket No. 2006N-0454 and RIN number 0910-AF93, by any of the following methods: *Electronic Submissions* Submit electronic comments in the following ways: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. • Agency Web site: *http://www.fda.gov/dockets/ecomments* . Follow the instructions for submitting comments on the agency Web site. *Written Submissions* Submit written submissions in the following ways: • FAX: 301-827-6870. • Mail/Hand delivery/Courier [For paper, disk, or CD-ROM submissions]: Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. To ensure more timely processing of comments, FDA is no longer accepting comments submitted directly to the agency by e-mail. FDA encourages you to continue to submit electronic comments by using the Federal eRulemaking Portal or the agency Web site, as described previously in the ADDRESSES portion of this document under the *Electronic Submissions* portion of this paragraph. *Instructions* : All submissions received must include the agency name and Docket No(s). and Regulatory Information Number
(RIN)(if a RIN number has been assigned) for this rulemaking. All comments received may be posted without change to *http://www.fda.gov/ohrms/dockets/default.htm* , including any personal information provided. For additional information on submitting comments, see the “Comments” heading of the SUPPLEMENTARY INFORMATION section of this document. *Docket* : For access to the docket to read the proposed rule, background documents, or comments received, go to * http://www.fda.gov/ohrms/dockets/ default.htm * and insert the docket number(s) found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Terry Martin, Center for Drug Evaluation and Research (HFD-6), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-443-5376, e-mail: *theresa.martin@fda.hhs.gov.* SUPPLEMENTARY INFORMATION: I. Background Under the Clean Air Act, FDA, in consultation with the EPA, is required to determine whether an FDA-regulated product that releases an ODS is an essential use of the ODS. In the **Federal Register** of June 11, 2007 (72 FR 32030) (the proposed rule), we proposed to amend our regulation on the use of ODSs in self-pressurized containers to remove the essential-use designations of MDIs containing flunisolide, triamcinolone, metaproterenol, pirbuterol, albuterol and ipratropium in combination, cromolyn, and nedocromil. You may find copies of the proposed rule on the Division of Dockets Management Web site (see ADDRESSES ) and the GPO Access Web site at *http://www.gpoaccess.gov/fr/index.html* . If the applicable essential-use designations are all removed, flunisolide, triamcinolone, metaproterenol, pirbuterol, albuterol and ipratropium in combination, cromolyn, and nedocromil MDIs containing an ODS could not be marketed after the effective date of the final rule removing the essential-use designations. In proposing to remove the essential-use designation for the seven drugs that are the subject of the proposed rule, we applied the criterion for removing an essential-use designation in § 2.125(g)(2) (21 CFR 2.125(g)(2)) to each drug. Under § 2.125(g)(2), an essential-use designation can be removed if it no longer meets the criteria specified in § 2.125(f) for adding a new essential use. The criteria in § 2.125(f) provides that * * * Substantial technical barriers exist to formulating the product without ODSs; the product will provide an unavailable important public health benefit; and use of the product does not release cumulatively significant amounts of ODSs into the atmosphere or the release is warranted in view of the unavailable important public health benefit. * * * We proposed that the removal of the essential-use designations be made effective on December 31, 2009. In the proposed rule we said that depending on the data presented to us in the course of the rulemaking, we may determine that it is appropriate to have different effective dates for removing the essential-use designation for different drugs (72 FR 32030 at 32034). The provisions in § 2.125(g)(2) that provide the procedures and criteria being used in this rulemaking require that a public meeting be held before an essential use may be removed. This notice announces the meeting that will be held to fulfill that requirement, which will also better inform the decisions we will be making during the rulemaking. II. Issues and Questions for Discussion and Comment If you are going to speak at the meeting or submit a written comment, you may address any issue raised in the proposed rule or on any other issue that is relevant to our decision on the proposed rule. You may wish to discuss how the criteria described in section I of this document apply to MDIs containing flunisolide, triamcinolone, metaproterenol, pirbuterol, albuterol and ipratropium in combination, cromolyn, and nedocromil. You may also wish to discuss whether different effective dates are appropriate for different drugs (72 FR 32030 at 32034). We invite discussion of issues on which we specifically asked for comments in the proposed rule, including the following: • Do the other available therapies provide adequate alternatives for each of the seven drugs from a public health perspective? (72 FR 32030 at 32034) • Will production of albuterol HFA 1 MDIs be able to meet any increased demand caused by this rulemaking? (72 FR 32030 at 32035) 1 “HFA” is used in the pharmaceutical industry, and is used here, to refer to the hydrofluoroalklane HFA-134a, a non-ozone-depleting propellant. • Are portable nebulizers suitable therapeutic alternatives for cromolyn MDIs and nedocromil MDIs, and will use of portable nebulizers be important in meeting the needs of patients who are currently using cromolyn MDIs and nedocromil MDIs? (72 FR 32030 at 32037 and 32038) • Does use of a single MDI containing albuterol and ipratropium in combination provide for better patient outcomes (e.g., fewer exacerbations or increased quality of life) compared to concomitant use of separate albuterol and ipratropium MDIs, and, if these improvements are shown to exist, should they be considered important public health benefits? (72 FR 32030 at 32039) We consulted with FDA's Pulmonary and Allergy Drugs Advisory Committee (PADAC) at their July 14, 2005, meeting on the essential-use status of MDIs containing flunisolide, triamcinolone, metaproterenol, pirbuterol, albuterol and ipratropium in combination, cromolyn, and nedocromil. During the meeting, several PADAC members expressed opinions that MDIs containing cromolyn and MDIs containing albuterol and ipratropium in combination provide important public health benefits. You may wish to read the transcript of the PADAC meeting (available on the Division of Dockets Management Web site (see ADDRESSES )) or the summaries of the discussions at the PADAC meeting in the proposed rule and comment on our tentative findings that MDIs containing cromolyn and MDIs containing albuterol and ipratropium in combination do not provide important public health benefits (72 FR 32030 at 32037 to 32039). III. Registration, Agenda, and Transcript There is no fee to register for the meeting, but registration is required and space is limited. Interested parties are therefore encouraged to register early. Limited visitor parking is available for a fee, and the Twinbrook Metro Stop is within walking distance of the meeting site. Early arrival is encouraged, as there will be security screening. You will be asked for government-issued picture identification by the security officers. If you need special accommodations due to a disability, please include this information when registering. *Registration for General Attendees* : Registration is required to attend the public meeting. If you wish to attend the meeting, you must register by July 25, 2007, via e-mail to: *theresa.martin@fda.hhs.gov* . Please indicate “Essential-Use Designation of Seven Drugs” in the SUBJECT line and provide complete contact information for each attendee (including name, title, affiliation, e-mail address, and phone number(s)). Upon receipt and review for adequacy of information, an e-mail will be sent to confirm registration. *Registration for Speaking Attendees* : If you wish to speak at the meeting, you must register by July 25, 2007, via e-mail to: *theresa.martin@fda.hhs.gov* . Please indicate “Speaker- Essential Use-Designation of Seven Drugs” in the SUBJECT line. When registering, speakers must provide the following information:
(1)The drug product, topic, or issue to be addressed;
(2)the speaker's name, title, company or organization, address, phone number, and e-mail address; and
(3)the approximate length of time requested to speak. We encourage consolidation of like-minded presentations to enable a broad range of views to be presented. *Agenda and Transcript* : The agenda for the public meeting will be available on FDA's Center for Drug Evaluation and Research
(CDER)Web site at: *http://www.fda.gov/cder/meeting/ozone2007.htm* . After the meeting, the agenda, presentations, and transcript will be placed on file in the Division of Dockets Management under Docket No. 2006N-0454 and on CDER's Web site identified previously. Copies of the transcript may be requested in writing from the Freedom of Information Office (HFI-35), Food and Drug Administration, 5600 Fishers Lane, rm. 12A-16, Rockville, MD 20857, approximately 20 working days after the meeting at a cost of 10 cents per page, or on compact disc at a cost of $14.25 each. You may also examine the transcript at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and on the Internet at *http://www.fda.gov/ohrms/dockets/default.htm* . IV. Comments Regardless of your attendance at the meeting, you may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments related to the proposed rule by August 10, 2007. All relevant data and information should be submitted with the written comments. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one copy. Comments are to be identified with Docket No. 2006N-0454. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Dated: July 2, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-13300 Filed 7-6-07; 8:45 am] BILLING CODE 4160-01-S AGENCY FOR INTERNATIONAL DEVELOPMENT 22 CFR Part 201 [USAID Regulation 1] RIN 0412-AA-51 Rules and Procedures Applicable to Commodity Transactions Financed by USAID: Miscellaneous Amendments AGENCY: U.S. Agency for International Development. ACTION: Notice of proposed rulemaking. SUMMARY: The U.S. Agency for International Development (USAID) proposes to amend its regulation governing commodity transactions that are financed by USAID to: 1. Revise the criteria for noncompetitive procurement for private-sector programs to more closely reflect private-sector practices; 2. revise the commodity and package marking requirements to address the use of the new USAID Identity; 3. revise and add definitions to better specify the terminology used; 4. revise agency organizational names and acronyms to specify the current USAID usage; 5. reinstate § 201.13 coverage on ocean transportation costs because it was inadvertently deleted from prior editions; 6. provide for advertising public-sector procurements over $25,000 in the USAID Procurement Bulletins as the primary means of advertising these procurements to U.S. suppliers (in lieu of advertising public-sector procurements over $100,000 in “FedBizOpps,” the successor to “Commerce Business Daily”) to facilitate prompt public notification of procurement opportunities and minimize government expense in providing notice; 7. make numerous clarifications and editorial amendments to better specify the regulation; and 8. specify the current Paperwork Reduction Act approval expirations, as required by the Act. DATES: Submit comments on or before September 7, 2007. ADDRESSES: submit comments by any of the following means: • *Federal eRulemaking Portal:* *http://www.regulations.gov.* Follow the instructions there for submitting comments. • *Fax:*
(202)216-3395. • *Mail:* USAID, Office of Acquisition and Assistance, Policy Division, Room 7.9-18, 1300 Pennsylvania Avenue, NW., Washington, DC 20523-0001. *Instructions:* All submissions must include the title of the proposed action, and Regulatory Information Number
(RIN)for this rulemaking. Please include your name, title, organization, postal address, telephone number, and e-mail address in the text of the message. FOR FURTHER INFORMATION CONTACT: Kenneth Monsess, Telephone:
(202)712-4913, E-mail: *kmonsess@usaid.gov.* SUPPLEMENTARY INFORMATION: *Public Participation:* Because security screening precautions have slowed the delivery and dependability of surface mail to USAID/Washington, USAID recommends sending all comments to the Federal eRulemaking Portal listed above (all comments must be in writing to be reviewed). All comments will be made available for public review without change, including any personal information provided, from three days after receipt to finalization of rule at *http://www.Regulations.gov.* *Order of Precedence:* The procurement of commodities and commodity-related services by other parties that are financed by USAID pursuant to 22 CFR part 201, as opposed to those that are procured by USAID, are not normally subject to 48 CFR chapters 1 and 7 (the Federal Acquisition Regulation [FAR] and the USAID Acquisition Regulation [AIDAR]). In exceptional circumstances where this part 201 is made applicable, pursuant to § 201.02, to a transaction that is subject to 48 CFR chapters 1 and 7, the latter shall take precedence in areas of conflict except under authority of a FAR or AIDAR deviation pursuant to 48 CFR 1.4 or 48 CFR 701.4; and § 201.02 has been clarified to so state. *Executive Order 12866 determination:* This rule is significant under Executive Order 12866 and has been reviewed by the Office of Management and Budget. The rule has been reviewed in accordance with the Regulatory Flexibility Act. USAID has determined that the rule will not have a significant economic impact on a substantial number of small entities, and therefore a Regulatory Flexibility Analysis is not required. *Paperwork Reduction Act statement:* OMB approvals for information collections under this regulation are addressed in § 201.03 and Appendices A and B to part 201. List of Subjects in 22 CFR Part 201 Administrative practice and procedure, Commodity procurement, Foreign relations. For the reasons set out in the preamble, USAID proposes to amend 22 CFR part 201 as follows: PART 201—RULES AND PROCEDURES APPLICABLE TO COMMODITY TRANSACTIONS FINANCED BY USAID 1. The authority citation continues to read as follows: Authority: 22 U.S.C. 2381. Subpart A—Definitions and Scope of This Part 2. Revise § 201.01 to read as follows: § 201.01 Definitions. As used in this part, the following terms shall have the meanings: *(The) Act* means the Foreign Assistance Act of 1961, as amended from time to time. *Approved applicant* means the individual or organization designated by the borrower/grantee to establish credits with banks in favor of suppliers or to instruct banks to make payments to suppliers, and includes any agent acting on behalf of such approved applicant. *Bank* means a banking institution organized under the laws of the United States, or any State, commonwealth, territory, or possession thereof, or the District of Columbia. *Borrower/grantee* means the government of any cooperating country, or any agency, instrumentality or political subdivision thereof, or any private entity, to which USAID directly makes funds available by loan or grant. *Commission* means any payment or allowance made or agreed to be made by a supplier to any person for the contribution which that person has made to securing the sale for the supplier or which the person makes to securing similar sales on a continuing basis for the supplier. *Commodity* means any material, article, supply, goods, or equipment. *Commodity Approval Application* means the Application for Approval of Commodity Eligibility (Form USAID 11) which appears as Appendix B to this part 201. *Commodity-related services* means delivery services and/or incidental services. *Cooperating country* means the country receiving the USAID assistance subject to provisions of this part 201. *Dead freight* means freight charges paid by the charterer of vessel for the contracted space, which is left partially unoccupied. *Delivery* means the transfer to, or for the account of, an importer of the right to possession of a commodity, or, with respect to a commodity-related service, the rendering to, or for the account of, an importer of any such service. *Delivery service* means any service customarily performed in a commercial export transaction which is necessary to effect a physical transfer of commodities to the cooperating country. Examples of such services are the following: export packing, local drayage in the source country (including waiting time at the dock), ocean and other freight, loading, heavy lift, wharfage, tollage, switching, dumping and trimming, lighterage, insurance, commodity inspection services, and services of a freight forwarder. Delivery services may also include work and materials necessary to meet USAID marking requirements. *Demurrage* means charge for the failure to remove cargo from equipment within the allowed time. Also, a charge for failure to load or unload a ship within the allowed time *Despatch* means an incentive payment paid to a carrier for loading and unloading the cargo faster than agreed. Usually negotiated only in charter parties. *Detention* means the penalty paid by the carrier for delay of equipment or a vessel. *Implementing document* means any document, including a letter of commitment, issued by USAID which authorizes the use of USAID funds for the procurement of commodities and/or commodity related services and which specifies conditions which will apply to such procurement. *Importer* means any person or organization, governmental or otherwise, in the cooperating country who is authorized by the borrower/grantee to use USAID funds under this Regulation for the procurement of commodities, and includes any borrower/grantee who undertakes such procurement. *Incidental services* means the installation or erection of USAID-financed equipment, or the training of personnel in the maintenance, operation and use of such equipment. *Incoterms* means the standard trade definitions that are most commonly used in international sales contracts. Devised and published by the International Chamber of Commerce, they are found on its Internet Web site: *http://www.iccwbo.org/incoterms/preambles.asp.* *Mission* means the USAID Mission or representative in a cooperating country. *Non-vessel-operating common carrier* (NVOCC) means a common carrier pursuant to §§ 3(6) and 3(17) of the Shipping Act of 1984 that does not operate any of the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean carrier. *Origin* means the country where a commodity is mined, grown, or produced. A commodity is produced when, through manufacturing, processing, or substantial and major assembling of components, a commercially recognized new commodity results that is significantly different in basic characteristics or in purpose of utility from its components. *Purchase contract* means any contract or similar arrangement under which a supplier furnishes commodities and/or commodity-related services financed under this part. *Responsible bidder* means one who
(one)has the technical expertise, management capability, workload capacity, and financial resources to perform the work successfully or the ability to obtain them,
(two)has a satisfactory record of integrity and business ethics, and (three) is otherwise qualified and eligible to receive an award under applicable laws and regulations. *Responsive bid* means a bid that complies with all the terms and conditions of the invitation for bids without material modification. A material modification is a modification which affects the price, quantity, quality, delivery or installation date of the commodity or which limits in any way responsibilities, duties, or liabilities of the bidder or any rights of the importer or USAID as any of the foregoing have been specified or defined in the invitation for bids. *Schedule B* means the “Schedule B, Statistical Classification of Domestic and Foreign Commodities Exported from the United States” issued and amended from time to time by the U.S. Bureau of the Census, Department of Commerce and available as stated in 15 CFR 30.92. *Source* means the country from which a commodity is shipped to the cooperating country, or the cooperating country if the commodity is located therein at the time of the purchase. Where, however, a commodity is shipped from a free port or bonded warehouse in the form in which received therein, *source* means the country from which the commodity was shipped to the free port or bonded warehouse. *State* means the District of Columbia or any State, commonwealth, territory or possession of the United States. *Supplier* means any person or organization, governmental or otherwise, who furnishes commodities and/or commodity-related services financed under this part 201. *Supplier's Certificate* means Form USAID 282 “Supplier's Certificate and Agreement with the U.S. Agency for International Development,” including the “Invoice and Contract Abstract” on the reverse of such form (which appears as Appendix A to this part 201), or any substitute form which may be prescribed in the letter of commitment or other pertinent implementing document. *Tariff* means a publication setting forth the charges, rates, and rules of transportation companies. *United States* means the United States of America, any State(s) of the United States, the District of Columbia, and areas of U.S. associated sovereignty, including commonwealths, territories, and possessions. *USAID* means the U.S. Agency for International Development or any successor agency, including when applicable, each USAID Mission abroad. *USAID Geo-Code Table* means the official listing of current USAID geographic codes, a mandatory reference in USAID's Automated Directives System, Chapter 260, Geographic Codes, which may be found at: *http://www.usaid.gov/policy/ads/200/260.pdf.* *USAID Geographic Code* means a code in the USAID Geo-Code Table which designates a country, a group of countries, or an otherwise defined area. The principal USAID geographic codes used for identifying source, origin and nationality for commodities and services financed by USAID are described in § 228.03 of this chapter. *USAID Identity* (Identity) means the official marking for the United States Agency for International Development (USAID) comprised of the USAID logo or seal and new brandmark with the tagline that clearly communicates our assistance is “from the American people.” The USAID Identity is available on the USAID Web site at *http://www.usaid.gov/branding* and is provided without royalty, license or other fee. *USAID Regulation 28* means “Rules on Source, Origin and Nationality for Commodities and Services Financed by USAID,” published as 22 CFR Part 228. *USAID/W* means the USAID in Washington, DC 20523, including any office thereof. *Vessel operating common carrier*
(VOCC)means an ocean common carrier pursuant to § 3(18) of the Shipping Act of 1984 which operates the vessel by which ocean transportation is provided. 3. Amend § 201.02 to republish paragraph
(a)and add paragraph
(d)to read as follows: § 201.02 Scope and application.
(a)The appropriate implementing documents will indicate whether and the extent to which this part 201 shall apply to the procurement of commodities or commodity-related services or both. Whenever this part 201 is applicable, those terms and conditions of this part will govern which are in effect on the date of issuance of the direct letter of commitment to the supplier; if a bank letter of commitment is applicable, the terms and conditions govern which are in effect on the date of issuance of an irrevocable letter of credit under which payment is made or is to be made from funds made available under the Act, or, if no such letter of credit has been issued, on the date payment instructions for payment from funds made available under the Act are received by the paying bank.
(d)When procurements of commodities and commodity-related services are subject to both this part 201 and to 48 CFR chapters 1 and 7, the latter shall take precedence in instances of conflict, except under authority of a deviation authorized under 48 CFR 1.4 or 48 CFR 701.4. 4. Revise § 201.03 to read as follows: § 201.03 Office of Management and Budget
(OMB)approval under the Paperwork Reduction Act.
(a)OMB has approved the following information collection and record-keeping requirements established by this part 201(OMB Control No. 0412-0514), expiring March 31, 2009: 201.13(b)(1)(a) Ocean Transportation Waivers 201.15(c) Unavailability U.S. Flag Ocean Vessel 201.31(f) Shipping Documents 201.31(g) Notice of Adjustments 201.32(b) Notice of Adjustments 201.32(c) Notice of Loss Payments—Insurance 201.51(c) Bank Charges and Reports 201.52(a) Payment Documents 201.74 Additional Bank Recordkeeping
(b)USAID will use the information requested in these sections to verify compliance with statutory and regulatory requirements and to assist in the administration of USAID-financed commodity programs. The information is required from suppliers in order to receive payment for commodities or commodity-related services. The public reporting burden for this collection of information is estimated to average a half hour per response, including the time required for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to:
(1)U.S. Agency for International Development, Office of Acquisition and Assistance, Policy Division (M/OAA/P), 1300 Pennsylvania Avenue, NW., Washington, DC 20523-7800; and
(2)Office of Management and Budget, Paperwork Reduction Project (0412-0514), Washington, DC 20503. Subpart B—Conditions Governing the Eligibility of Procurement Transactions for USAID Financing 5. Amend § 201.11 to revise paragraphs (a), (b),
(d)introductory text, and (d)(2) to read as follows: § 201.11 Eligibility of commodities.
(a)*Description and condition of the commodity.* The commodity shall conform to the description in the implementing document. Unless otherwise authorized by USAID in writing, the commodity shall be unused, and may not have been disposed of as surplus by any governmental agency.
(b)*Source, origin, and nationality.* The authorized source for procurement shall be a country or countries authorized in the implementing document by name or by reference to a USAID geographic code. The source and origin of a commodity must be an authorized source country. The applicable rules on the source and origin for commodities and on the nationality of suppliers of commodities and commodity-related services are in subparts B, C, and F of part 228 of this chapter.
(d)*Medium of transportation (See §§ 228.21 and 228.22 of this chapter).* Shipment shall not be effected:
(1)* * *
(2)Under any ocean or air charter which has not received prior approval by U.S. Agency for International Development, Office of Acquisition and Assistance, Transportation Division. 6. Amend § 201.13 to revise paragraphs (b), and
(e)to read as follows: § 201.13 Eligibility of delivery services.
(b)*Transportation costs.* —(1) *Ocean transportation costs.*
(i)Unless otherwise authorized, USAID will finance only those ocean transportation costs which meet the requirements of this paragraph (b)(1).
(A)When Geographic Code 000 is the authorized source for procurement, USAID will finance only those costs incurred on vessels under U.S. flag registry.
(B)When Geographic Code 941 is the authorized source for procurement, USAID will finance only those costs incurred on vessels under flag registry of countries in Code 941 and the cooperating country.
(C)USAID will finance costs incurred on vessels under flag registry of any country not designated as foreign policy restricted if the costs are part of the total cost of a through bill of lading paid to a carrier for the initial carriage on a vessel which is authorized in accordance with paragraphs (b)(1)(i)(A) and (b)(1)(i)(B) of this section.
(D)When a commodity is shipped out of a free port or bonded warehouse, ocean transportation costs for the shipment to the free port or bonded warehouse are eligible for USAID financing as follows: ( *1* ) The commodity was shipped on vessels under the flag registry of a country within the authorized geographic code, if the commodity was shipped in anticipation of USAID financing, or ( *2* ) The commodity was shipped on vessels under the flag registry of a country within Geographic Code 935, if the commodity was not shipped in anticipation of USAID financing.
(ii)When an eligible flag vessel is not available for shipment, a supplier may request a waiver of the eligibility requirements, prior to shipment, from: USAID, Office of Acquisition and Assistance, Transportation Division, Washington, DC 20523-7900, (Telephone
(202)712-4283 or
(202)712-5060).
(2)*International air transportation costs.*
(i)USAID will finance only those international air transportation costs which meet the requirements of this paragraph (b)(2). For the purposes of this paragraph, *U.S. flag air carrier* means one of a class of air carriers holding a certificate under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) authorizing operations between the United States and or its territories and one or more foreign countries. (ii)(A) Under USAID grants and under USAID loans, when the authorized source for procurement is Geographic Code 000, USAID will finance only those costs incurred on U.S. flag carriers unless such service is not available.
(B)Under USAID loans, when the authorized source for procurement is Geographic Code 941, USAID will finance only those costs incurred on United States, cooperating country, or Geographic Code 941 flag air carriers unless such service is not available.
(C)USAID will finance international air transportation costs incurred on aircraft under flag registry of any country not designated foreign policy restricted if the costs are part of the total cost on a through bill of lading paid to an eligible carrier for initial international carriage on an aircraft which is eligible in accordance with paragraph (b)(2)(ii)(A) or (b)(2)(ii)(B) of this section. (iii)(A) Expenditures for international air transportation furnished by air carriers which are not eligible under the provisions of paragraph (b)(2)(ii) will be financed by USAID only when service by eligible air carriers is unavailable. Criteria for determining when service by eligible air carriers is unavailable are the same as those published at 48 CFR 47.403-1 (Reference: *http://acquisition.gov/far/index.html* ) for determining when U.S. flag air carriers are unavailable. Additional guidance on determining when service is unavailable may be obtained from: USAID, Office of Acquisition and Assistance, Transportation Division, Washington, DC 20523-7900, (Telephone
(202)712-4283 or
(202)712-5060).
(B)When service by eligible flag air carriers is unavailable, any Geographic Code 935 air carrier may be used.
(C)In the event the supplier selects an air carrier other than an eligible flag carrier for international air transportation, it must include the following certification on invoices which include such transportation cost: Certification of unavailability of eligible flag air carriers: I hereby certify that transportation service by eligible flag air carriers was unavailable for the following reason(s): (state reason(s)).
(3)Other conditions and limitations. Notwithstanding paragraphs (b)(1) and (b)(2) of this section, unless otherwise authorized, USAID will not finance transportation costs:
(i)For shipment beyond the point of entry in the cooperating country except when intermodal transportation service covering the carriage of cargo from point of origin to destination is used, and the point of destination, as stated in the carrier's through bill of lading, is established in the carrier's tariff; or
(ii)On a transportation medium owned, operated or under the control of any country not included in Geographic Code 935; or
(iii)Under any ocean or air charter covering full or part cargo (whether for a single voyage, consecutive voyages, or a time period) which has not received prior approval by USAID, Office of Acquisition and Assistance, Transportation Division; or
(iv)Which are attributable to brokerage commissions which exceed the limitations specified in § 201.65(h) or to address commissions, dead freight, demurrage or detention.
(e)*Suspension and debarment.* In order to be eligible for USAID financing, the costs of any delivery services must be paid to carriers, insurers, or suppliers of inspection services who, prior to approval of the USAID Commodity Approval Application, have neither been suspended nor debarred under part 208 of this chapter, nor included on the “Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs” published by the U.S. General Services Administration (Ref; *http://www.epls.gov/* ). 7. Amend § 201.14 to revise the last sentence to read as follows: § 201.14 Eligibility of bid and performance bonds and guaranties. * * * Nationality requirements for sureties, insurance companies or banks that issue bonds or guaranties under USAID-financed transactions are set forth in § 228.38(b) of this chapter. 8. Amend § 201.15 to revise the first sentence of paragraph
(c)to read as follows: § 201.15 U.S. flag vessel shipping requirements.
(c)*Non-availability of U.S. flag vessels.* Upon application of the borrower/grantee or the supplier, USAID, Office of Acquisition and Assistance, Transportation Division, shall determine and advise the applicant whether privately owned U.S. flag vessels are available for any specific shipment of commodities at fair and reasonable rates. * * * Subpart C—Procurement Procedures; Responsibilities of Importers 9. Amend § 201.22 to revise paragraph (h)(1) to read as follows: § 201.22 Procurement under public sector procedures.
(h)*Advertising.* —(1) *Requirements.* For each procurement estimated to exceed $25,000, or equivalent (exclusive of ocean and air transportation costs), notice of the availability of the invitations for bids, requests for quotations, or specific information about procurements shall be published by the USAID Office of Acquisition and Assistance, Transportation Division, in a Procurement Information Bulletin that is posted on USAID's Internet Web site at: *http://www.usaid.gov/business/ocean/solicitation.logon.html* . The purchaser shall submit three copies of each invitation for bids or request for quotations (if any) to the USAID Mission with its request for advertising. The Mission will forward the request for advertising and the procurement documents to USAID, Office of Acquisition and Assistance, Transportation Division. The request for advertising should be transmitted to arrive at least 45 days prior to the final date for receiving bids or quotations in: USAID, Office of Acquisition and Assistance, Transportation Division, Washington, DC 20523-7900 (Telephone
(202)712-4283 or
(202)712-5060). The purchaser may, in addition, advertise in appropriate local, regional, and international journals, newspapers, etc., and otherwise, in accordance with local practice. 10. Amend § 201.23 to revise paragraphs (a), (b), (c), and
(e)to read as follows: § 201.23 Procurement under private sector procedures.
(a)*General requirements.* Procurements under private sector procedures will normally be carried out by importers using negotiated procurement procedures, unless the importer chooses to follow the procedures in § 201.22. Procurement on a negotiated basis shall be in accordance with good commercial practice. Unless solicitations by the importer for quotations or offers fall within the criteria of paragraph
(e)of this section, they shall be made uniformly to a reasonable number of prospective suppliers, including, where feasible, producers of a commodity, and all quotations or offers received, whether or not specifically solicited, shall be given consideration before making an award.
(b)*Publicizing.* To provide suppliers in the United States with an opportunity to participate in furnishing commodities which may be purchased on a negotiated basis under USAID financing, USAID will advertise on its Internet Web site at: *http://www.usaid.gov/business/ocean/solicitation.logon.html* the existence of the program, the commodities traditionally being solicited, and the underlying procedures used in each cooperating country. USAID will not publicize specific proposed purchases which are to be undertaken by private sector importers on a negotiated basis unless specifically requested to do so by the importer in accordance with the provisions of paragraph
(c)of this section.
(c)*Notification.* If the importer elects to solicit quotations and offers for specific proposed purchases through publication by USAID, USAID will notify prospective suppliers of the export opportunity through Procurement Information Bulletins. Requests for such notification shall be submitted to: USAID, Office of Acquisition and Assistance, Transportation Division, Washington, DC 20523-7900 (Telephone
(202)712-4283 or
(202)712-5060). These requests shall contain the name and contact information for the importer, a full description of the commodities and any commodity-related services required, applicable price and delivery terms and other relevant procurement data, in the English language. The metric system of measurements shall be used for specifications unless USAID determines in writing that such use is impractical or is likely to cause significant inefficiencies or the loss of markets to U.S. firms.
(e)*Procurement under special supplier-importer relationships and special situations.*
(1)Solicitation of offers from more than one supplier is not required if:
(i)The importer is the supplier's regularly authorized distributor or dealer;
(ii)The importer is purchasing a registered brand-name commodity from a supplier who is the exclusive distributor of that commodity to the area of the importer;
(iii)The importer has standardized on a particular brand product in order to benefit from compatibility with on-hand equipment through economies in maintenance of spare parts inventories and/or greater familiarity by operating personnel;
(iv)The importer has standardized on a particular brand product in order to benefit from a stronger local dealer organization, better repair facilities, and/or the requirement for a special design or operational characteristics;
(v)A manufacturing importer has standardized on one brand name intermediate good used in production, in order to ensure a standard end-product; or
(vi)The necessary equipment, materials, or spare parts are available from only one source.
(2)USAID may require the importer to furnish, or cause to be furnished, to USAID documentary evidence of the existence of the criteria described in paragraph (e)(1) of this section. 11. The heading for § 201.24 is revised to read as follows: § 201.24 Progress and advance payments [applicable only to public sector programs]. 12. The heading for § 201.25 is revised to read as follows: § 201.25 Bid and performance bonds and guaranties [applicable only to public sector programs]. 13. The heading for § 201.26 is revised to read as follows: 201.26 Expenditure of marine insurance loss payments [applicable only to public sector programs]. Subpart D—Responsibilities of Suppliers 14. Amend § 201.31 to revise paragraphs (b)(2),
(d)(f), (g), and
(i)to read as follows: § 201.31 Suppliers of commodities.
(b)* * *
(1)* * *
(2)The source and origin of the commodity complies with the provisions of § 201.11(b) relating to source as required by its contract, letter of credit or direct letter of commitment;
(d)*Marking of shipping containers and commodities.* —(1) *Affixing the USAID Identity and identification numbers.* The supplier of commodities shall be responsible for assuring that all export packaging, whether shipped from the United States or from any other source country, carries the official USAID Identity. Additionally, except as USAID may otherwise prescribe, when the supplier is given notice by the importer that the importer is the government of the cooperating country or any of its subdivisions or instrumentalities, the supplier shall also be responsible for assuring that, in addition to the shipping cartons or other export packaging, all commodities carry the USAID Identity. The USAID financing document number shall be marked on each export shipping carton and box in characters at least equal in height to the shipper's marks. When commodities are shipped as containerized freight in a reusable shipping container, the container is not considered export packaging within the meaning of this paragraph and the outside of the container need not be marked; however, the cartons, boxes, etc., inside the container must be marked.
(i)*Durability of the USAID Identity.* The USAID Identity shall be affixed by metal plate, decalcomania, stencil, label, tag or other means, depending upon the type of commodity or export packaging and the nature of the surface to be marked. The USAID Identity placed on commodities shall be as durable as the trademark, commodity or brand name affixed by the producer; the USAID Identity on each export packaging unit shall be affixed in a manner which assures that the USAID Identity will remain legible until the units reaches the consignee.
(ii)*Size of the USAID Identity.* The size of the USAID Identity may vary depending upon the size of the commodity and the size of the export packaging, but it shall be at least as large as the trademark, commodity or brand name affixed by the producer and in every case large enough to be clearly legible at a normal viewing distance.
(iii)*Design, color, and other standards for the USAID Identity.* The USAID Identity, including the appropriate Country Sub-Brandmark, shall conform in design and color to the appropriate template provided at *http://www.usaid.gov/branding/templates.html* and affixed in accordance with the USAID Graphic Standards Manual that is provided at *http://www.usaid.gov/branding/gsm.html.*
(2)*Exceptions to requirement for affixing the USAID Identity.*
(i)Affixing the USAID Identity is not required on commodities purchased by the private sector; however, suppliers shall affix the USAID Identity and the required identification numbers on the export packaging in compliance with paragraph (d)(1) of this section.
(ii)To the extent the supplier determines that compliance is impracticable, the USAID Identity shall not be required for:
(A)Raw materials shipped in bulk (including grain, coal, petroleum, oil, and lubricants);
(B)Vegetable fibers packaged in bales; and
(C)Semi-finished products which are not packaged in any way.
(3)*Waiver.* If compliance with the marking requirement is found to be impracticable with respect to other commodities not excepted by paragraph (d)(2) of this section, the supplier (or, when appropriate, the borrower/grantee) may request a waiver from USAID (the Regional Assistant Administrator or his/her designee).
(4)*Marking at the port of discharge.* If the supplier is unable to meet the marking requirements before shipment, the supplier may, with USAID concurrence, comply with them at the port of discharge.
(5)*Recourse for noncompliance with marking requirements.* If the supplier fails to comply with the above marking requirements repeatedly or if there are major lapses in compliance, USAID may withdraw approval of the commodity transaction and require refund of any advances.
(f)*Distribution of shipping documents.* The supplier shall make the customary commercial document distribution, as well as any special distribution ( *e.g.* , to the USAID Mission in the importing country) which may be specified in the letter of credit, direct letter of commitment or other payment instruction covering the transaction. Prior to presenting the documents specified in § 201.52 for payment, the supplier shall mail not later than 30 days from the date of shipment a legible copy of all rated ocean bill(s) of lading described in § 201.52(a)(4)(i) to:
(1)U.S. Department of Transportation, Maritime Administration, Office of Cargo Preference, 400 Seventh Street, SW., Washington, DC 20590-0001; and
(2)U.S. Agency for International Development, Office of Acquisition and Assistance, Transportation Division (M/OAA/T), 1300 Pennsylvania Avenue, NW., Washington, DC 20523-7900.
(g)*Adjustment refunds, credits, and allowances.* All adjustments in the purchase price in an USAID-financed transaction in favor of the importer arising out of the terms of the contract or the customs of the trade shall be made by the supplier in the form of a dollar payment to USAID. Any such payment shall be transmitted to: USAID, Office of the Chief Financial Officer, M/CFO/CMP, Washington, DC 20523-7700, or to the respective USAID overseas Mission's Office of Financial Management. It shall be accompanied by a statement explaining the adjustment and shall specify the name and address of the importer, the date and amount of the original invoice, and the identification number of the implementing document, if known, under which the original transaction was financed. USAID will advise the borrower/grantee of such adjustment refunds received. Despatch earned by the supplier, other than despatch earned at the port of loading on CIF and CFR shipments, shall be refunded to USAID in accordance with § 201.67(a)(5).
(i)*Termination or modification of USAID financing.* The supplier shall be responsible for compliance with the provisions of § 201.45 applicable to it. 15. Amend § 201.32 to revise the first sentence of paragraph
(b)and paragraph
(c)to read as follows: § 201.32 Suppliers of delivery services.
(b)Adjustment in the price of delivery services. The supplier of delivery services shall pay to: USAID, Office of the Chief Financial Officer, M/CFO/CMP, Washington, DC 20523-7700, or to the respective USAID overseas Mission's Office of Financial Management, all adjustments in the purchase price in favor of the importer (or person purchasing the ocean transportation services) arising out of the terms of the contract or the customs of the trade. * * *
(c)*Marine insurance reporting requirement.* With respect to any loss payment exceeding $10,000 in value which a supplier of marine insurance makes under a marine insurance policy financed pursuant to this part, the supplier of marine insurance shall, within 15 days of making such payment, report to: USAID, Office of Acquisition and Assistance, Transportation Division, Washington, DC 20523-7900, the amount and date of the payment, a description of the commodity, the USAID identification number, name of the carrier, vessel, and voyage number (alternatively, flight or inland carrier run number), date of the bill(s) of lading, the identity and address of the assured, and the identity and address of the assignee of the assured to whom payment has actually been made. Subpart E—General Provisions Relating to USAID Financing of Commodities and Commodity-Related Services. 16. Amend § 201.42 to revise the section heading to read as follows: § 201.42 Re-export of USAID-financed commodities. Subpart F—Payment and Reimbursement 17. Amend § 201.51 to revise paragraphs (b)(1) introductory text, (b)(1)(vi), (c)(2)(i) introductory text, and (c)(4) to read as follows: § 201.51 Methods of financing.
(b)* * *
(1)*Requests for bank letters of commitment.* All requests for bank letters of commitment shall be in the English language and shall be submitted to USAID by the borrower/grantee. They shall contain the following:
(vi)Identification of the items to be financed under the letter of commitment.
(c)* * *
(2)* * *
(i)The monthly statement of advance account established under the letter of commitment showing:
(4)*Report* . The bank shall submit a report showing the financial status of each letter of commitment issued to it by USAID. The content, format and frequency of the report shall be prescribed in the letter of commitment. The report shall be prepared and distributed according to instructions contained in the letter of commitment. The report shall be certified by an authorized signatory of the bank. 18. Amend § 201.52 to revise paragraphs (a)(1), (a)(2)(i)(F), (a)(2)(iii)(A), (a)(2)(iii)(C), (a)(3) introductory text, (a)(3)(i), first sentence of (a)(4) (i), (a)(4)
(iii)introductory text, (a)(4) (iii)(B), and first sentence of (a)(8), and add the phrase “Note to paragraph (a)(3):” to the undesignated paragraph following (a)(3)(ii) and revise it to read as follows: § 201.52 Required documents.
(a)* * *
(1)*Voucher.* Voucher SF 1034 to be prepared by the borrower/grantee, by the approved applicant, by the bank as assignee or agent for the approved applicant, or, in the case of a direct letter of commitment, by the supplier.
(2)* * *
(i)* * *
(F)The delivery terms ( *e.g.* , FOB, FAS, CIF or CFR, as specified in the latest edition of Incoterms);
(iii)* * *
(A)The USAID marking requirements set forth in § 201.31(d) have been met or will, with USAID's concurrence, be met at the port of discharge;
(B)* * *
(C)If shipment is effected by ocean vessel, one copy of all bill(s) of lading described in § 201.52(a)(4) has been mailed to: ( *1* ) U.S. Department of Transportation, Maritime Administration, Division of National Cargo, 400 Seventh Street, SW., Washington, DC 20590-0001; and ( *2* ) U.S. Agency for International Development, Office of Acquisition and Assistance, Transportation Division (M/OP/TC), 1300 Pennsylvania Avenue, NW., Washington, DC 20523-7900.
(3)*Charter party.* A copy of any approved charter party under which shipment is made, submitted:
(i)By the commodity supplier whenever USAID finances any portion of the dollar price of a commodity sale under CFR or CIF delivery terms, or
(ii)* * * Note to paragraph (a)(3): If shipment is made under a consecutive voyage or time charter and the person or organization seeking reimbursement or payment has previously submitted to USAID a copy of said charter party in support of a prior claim for reimbursement or payment, such person or organization may, in lieu of further submission of the charter party, certify to the fact of prior submission.
(4)*Evidence of shipment.*
(i)A copy of the bill(s) of lading (ocean, charter party, air, rail, barge, or truck) or parcel post receipt evidencing shipment from the point of export in the source country or free port or bonded warehouse.* * *
(iii)When the supplier is not responsible under the terms of its agreement with the importer for assuring that the commodities are loaded on board the vessel, such as when delivery terms are FAS port of shipment, the importer may request and USAID, Office of Acquisition and Assistance, Transportation Division, Washington, DC 20523-7900, may authorize the following documents, instead of a bill of lading, to be submitted with a claim for reimbursement or payment for the commodities:
(B)A letter from the consignee addressed to USAID undertaking to arrange for shipment of the goods to the cooperating country and to deliver to: USAID, Office of the Chief Financial Officer, M/CFO/CMP, Washington, DC 20523-7700, or to the respective USAID overseas Mission's Office of Financial Management, within 15 days from the date of shipment, a copy of the bill of lading evidencing shipment to the cooperating country. The bill of lading shall indicate the carrier's complete statement of charges, as in paragraph (a)(4)(i) of this section.
(8)*Commodity approval application (Form AID 11).* One signed original (unless photocopies are authorized in the letter of commitment) of the Commodity Approval Application executed by the commodity supplier and countersigned by USAID. * * * Subpart G—Price Provisions 19. Amend § 201.62 to revise paragraph
(a)to read as follows: § 201.62 Responsibilities of borrower/grantee and of supplier.
(a)*Responsibilities of borrower/grantee* . The borrower/grantee shall insure that the importer:
(1)Procures in accordance with the conditions set forth in subpart C as applicable, and
(2)Except as provided otherwise in § 201.22, pays no more than the lowest available competitive price, including transportation cost, for the commodity. 20. Amend § 201.63 to revise paragraphs (f)(1)(i) and (f)(2) to read as follows: § 201.63 Maximum prices for commodities.
(f)* * *
(1)* * *
(i)The maximum price FOB or FAS source country eligible for USAID financing under the foregoing provisions of this § 201.63: plus
(2)The purchase price of a commodity FOB or FAS a free port or bonded warehouse shall not exceed the maximum price established in paragraph (f)(1) of this section, minus transportation costs from the free port or bonded warehouse to the cooperating country, calculated on the basis of the prevailing ocean freight rate from the free port or bonded warehouse to the cooperating country for the type and flag of vessel on which the commodity actually moved between those points. 21. Amend § 201.64 to revise first sentence of paragraph (b)(1) and paragraph (c)(2) introductory text to read as follows: § 201.64 Application of the price rules to commodities.
(b)*Calculation of commodity prices which involve transportation costs.*
(1)In testing the purchase price which includes transportation cost (customarily known as CFR or CIF price) for compliance with the requirements of § 201.63 (a), (c),
(d)and (e), USAID will subtract transportation cost as calculated by reference to the freight rate, for the type and flag of vessel on which the commodity was shipped, prevailing on the date the purchase price is fixed. * * *
(2)When a shipment is FOB or FAS a free port or bonded warehouse, USAID will finance no more than the lower of the following: 22. Amend § 201.67 to revise paragraph (a)(2)(i) introductory text, (a)(5)(i)(A), (a)(5)(i)(B), (a)(5)(ii) and to read as follows: § 201.67 Maximum freight charges. *(a) Ocean freight rates.*
(2)Maximum charter rates.
(i)USAID will not finance ocean freight under any charter which has not been submitted to and received prior approval by USAID, Office of Acquisition and Assistance, Transportation Division. USAID will not approve a charter if the freight rate exceeds: * * *
(5)*Despatch.*
(A)At the port of unloading on CIF or CFR shipments, or
(B)At the port of loading or unloading on FOB or FAS shipments, to the extent that despatch exceeds demurrage incurred on the same voyage.
(ii)Refunds of despatch, supported by the vessel's signed laytime statement(s), must be transmitted to: USAID, Office of the Chief Financial Officer, M/CFO/CMP, Washington, DC 20523-7700, or to the respective USAID overseas Mission's Office of Financial Management, within 90 days after date of discharge of cargo on which the despatch was earned. Subpart H—Rights and Responsibilities of Banks 23. Amend § 201.72 to revise paragraph (b)(2) to read as follows: § 201.72 Making payments.
(b)* * *
(2)*Source and origin of commodities.* The documents submitted in connection with the claim for reimbursement on commodities may not indicate that the source and origin of the commodities is inconsistent with the USAID geographic code designation contained in the letter of commitment. 25. Revise Appendix A to Part 201 to read as follows: *Invoice and Contract Abstract/Supplier's Certificate and Agreement With the U.S. Agency for International Development (AID 282)* BILLING CODE 6116-01-P EP09JY07.002 EP09JY07.003 EP09JY07.004 EP09JY07.005 EP09JY07.006 EP09JY07.007 EP09JY07.008 EP09JY07.009 Dated: June 22, 2007. Michael F. Walsh, Procurement Executive. [FR Doc. 07-3309 Filed 7-6-07; 8:45 am]
Connectionstraces to 38
Traces to 38 documents
U.S. Code
73 references not yet in our index
  • 29 CFR 95
  • 29 CFR 2
  • 29 CFR 11
  • 29 CFR 14
  • 29 CFR 16
  • 29 CFR 20
  • 29 CFR 22
  • 29 CFR 70
  • 29 CFR 71
  • 29 CFR 75
  • 29 CFR 90
  • 29 CFR 96
  • 29 CFR 97
  • 29 CFR 98
  • 29 CFR 99
  • 3 CFR 2001
  • 3 CFR 2002
  • 29 USC 801
  • Pub. L. 96-481
  • 94 Stat. 2327
  • 29 USC 818
  • 29 USC 2936
  • 31 USC 3720A
  • Pub. L. 99-509
  • 100 Stat. 1874
  • 31 USC 3801-3812
  • Pub. L. 92-419
  • 86 Stat. 663
  • 2 CFR 215
  • 2 CFR 220
  • 2 CFR 230
  • 2 CFR 225
  • 48 CFR 31
  • Pub. L. 103-355
  • 108 Stat. 3327
  • Pub. L. 104-156
  • 110 Stat. 1396
  • 31 USC 7500
  • 48 CFR 42
  • 32 CFR 989
+ 33 more
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U.S.C.§ 301
Fed. Reg.Notices
Fed. Reg.Notices
U.S.C.§ 4321
F. App'x475 F.3d 83
Cite29 CFR 95
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