Unknown. Final rule

6,496 words·~30 min read·/register/2007/08/08/07-3840

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-2007-08-08.xml --- 72 152 Wednesday, August 8, 2007 Contents Agricultural Agricultural Marketing Service RULES Cherries (sweet) grown in Washington, 44367-44369 E7-15397 PROPOSED RULES Livestock mandatory reporting: Swine, cattle, lamb, and boxed beef; reporting regulations reestablishment and revision, 44672-44722 07-3857 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service PROPOSED RULES Plant-related quarantine, foreign:

Nursery stock, 44425-44433 E7-15421 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44483-44485 E7-15415 E7-15418 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Hawaii, 44487 07-3885 Meetings; Sunshine Act, 44487 07-3896 Commerce Commerce Department See Economic Analysis Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44487-44488 E7-15395 E7-15399 Defense Defense Department NOTICES Meetings;

Sunshine Act, 44499-44500 07-3881 Economic Economic Analysis Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 44489 E7-15400 Education Education Department PROPOSED RULES Postsecondary education: Federal student aid programs, 44620-44653 E7-15314 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44500-44501 E7-15476 Grants and cooperative agreements; availability, etc.: Postsecondary education— Postsecondary Education Improvement Fund, 44501-44504 E7-15454 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.:

Community Based Job-Training Program, 44574-44589 E7-15362 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs: Ambient air quality for standards, national— 8-hour ozone standard; area redesignation; correction, 44383-44384 E7-15246 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Dimethenamid, 44384-44388 E7-15112 Fenazaquin, 4-tert-butylphenethyl quinazolin-4-yl ether, 44388-44393 E7-15334 PROPOSED RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Acephate, chlorpyrifos, fenbutatin-oxide (hexakis), etc., 44439-44451 E7-15336 NOTICES Confidential business information and data transfer, 44507-44509 E7-15052 E7-15053 Meetings: National Environmental Justice Advisory Council, 44509 E7-15463 Pesticide, food, and feed additive petitions: Agrofresh Inc., 44520-44521 E7-15114 Bayer CropScience et al., 44521-44523 E7-15485 Pesticide registration, cancellation, etc.: 2,4-D, 2,4-DB, and 2,4-DP, 44510-44511 E7-15109 Azinphos-methyl, 44511-44514 E7-15245 Benzoic acid, 44514-44516 E7-15248 Ethyl parathion and tributyltin antifoulants, 44516-44518 E7-15110 Oxydemeton-methyl, 44518-44520 E7-15113 Reports and guidance documents; availability, etc.:

Operator training grant guidelines for States receiving underground storage tank funds, 44523-44528 E7-15493 FAA Federal Aviation Administration RULES Airworthiness directives: Teledyne Continental Motors, 44370-44371 07-3840 Airworthiness standards: Transport category airplanes— Airplane performance and handling qualities in icing conditions, 44656-44669 E7-14937 Class B airspace, 44372-44378 07-3818 Standard instrument approach procedures, 44379-44380 E7-15134 PROPOSED RULES Airworthiness directives:

Boeing, 44433-44435 E7-15426 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 44435-44437 E7-15411 NOTICES Exemption petitions; summary and disposition, 44606-44607 E7-15388 FCC Federal Communications Commission RULES Radio broadcasting: AM directional antennas, 44418-44423 E7-15373 Radio services, special: Private land mobile services— Amendments; correction, 44423-44424 E7-15085 PROPOSED RULES Television broadcasting: Telecommunications Act of 1996; implementation— Broadcast ownership rules; 2006 quadrennial regulatory review; minority and female ownership, etc., 44457-44466 E7-15456 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44528-44537 E7-15441 E7-15442 E7-15443 E7-15453 Meetings;

Sunshine Act, 44538 07-3890 Radio broadcasting: AM or FM proposals to change community of license, 44538-44539 E7-15369 Television broadcasting: Telecommunications Act of 1996; implementation— Broadcast ownership rules; 2006 quadrennial regulatory review; media ownership research studies, 44539-44540 E7-15457 Federal Contract Federal Contract Compliance Programs Office RULES Affirmative action and nondiscrimination obligations of contractors and subcontractors: Disabled veterans, recently separated veterans, etc., 44393-44416 E7-15385 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale:

Various States, 44416-44418 E7-15425 PROPOSED RULES Flood elevation determinations: Arkansas and North Carolina, 44451-44457 E7-15427 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-15430 44562-44564 E7-15440 Disaster and emergency areas: Kansas, 44564 E7-15447 E7-15473 Missouri, 44564 E7-15423 Nebraska, 44564-44565 E7-15469 Oklahoma, 44565 E7-15466 E7-15468 Texas, 44566 E7-15449 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act):

Transmission service; undue discrimination and preference prevention, 44438 E7-15401 Wholesale competition in regions with organized electric markets, 44437 E7-15276 Natural gas companies (Natural Gas Act and Energy Policy Act): Transparency provisions, 44438 E7-15392 Practice and procedure: Filing via Internet; technical conference, 44438-44439 E7-15409 NOTICES Electric rate and corporate regulation combined filings, 44505-44507 E7-15402 Meetings: Iroquois Gas Transmission System, L.P., technical conference, 44507 E7-15404 Reports and guidance documents; availability, etc.:

Gas and oil pipelines; proxy groups composition for determining return on equity; policy statement; correction, 44507 E7-15390 *Applications, hearings, determinations, etc.:* North American Electric Reliability Corp., 44504 E7-15403 Northern Natural Gas Co., 44505 E7-15405 Federal Housing Federal Housing Finance Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 44540-44556 07-3862 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 44556-44557 E7-15437 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 44557 E7-15436 Formations, acquisitions, and mergers, 44557 E7-15435 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 44557 07-3875 Fish Fish and Wildlife Service NOTICES Marine mammal permit applications, determinations, etc., 44569 E7-15383 Food Food and Drug Administration RULES Medical devices: Immunology and microbiology devices— In vitro human immunodeficiency virus drug resistance genotype assay; classification, 44380-44382 E7-15475 NOTICES Grant and cooperative agreement awards:

National Alliance for Hispanic Health, 44557-44558 E7-15491 Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— Methotrexate injection USP preservative free, 44559-44560 E7-15490 MIVACRON (Mivacurium Chloride) injection 2 milligrams base/milliliter, 44558-44559 E7-15488 Reports and guidance documents; availability, etc.: Hepatitis B; adequate and appropriate donor screening tests; surface antigen assays to test donors of whole blood and blood components, 44560-44561 E7-15472 In vitro human immunodeficiency virus drug resistance genotype assay;

Class II special controls, 44561-44562 E7-15477 Food Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission— Foods Derived from Biotechnology Codex ad hoc Intergovernmental Task Force, 44485-44486 E7-15396 Forest Forest Service NOTICES Environmental statements; notice of intent: Wallowa-Whitman National Forest, OR; travel management plan, 44486 07-3858 Meetings: Resource Advisory Committees— Deschutes and Ochoco National Forests, 44486 07-3859 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Central filing systems;

State certifications: Colorado, 44486-44487 E7-15420 Health Health and Human Services Department See Food and Drug Administration Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 44568-44569 E7-15448 Industry Industry and Security Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 44489-44490 E7-15398 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service International International Trade Administration NOTICES Antidumping:

Canned pineapple fruit from— Thailand, 44490-44495 E7-15489 Heavy forged hand tools, finished or unfinished, with or without handles from— China, 44495-44496 E7-15478 Stainless steel wire rods from— India, 44496-44497 E7-15481 International International Trade Commission NOTICES Meetings; Sunshine Act, 44572-44573 E7-15503 Justice Justice Department RULES Privacy Act; implementation, 44382-44383 E7-15455 Labor Labor Department See Employment and Training Administration See Federal Contract Compliance Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 44573-44574 E7-15367 E7-15368 Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.:

Idaho, 44569-44570 E7-15358 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 44570-44572 E7-15387 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 44589 E7-15364 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 44469-44482 E7-15339 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44497 E7-15394 Coastal zone management programs and estuarine sanctuaries:

State programs— Intent to evaluate performance, 44497-44498 E7-15487 Natural resource damage assessments: Diamond Alkali Superfund Site, NJ, 44498-44499 E7-15464 Ocean and coastal resource management: Marine sanctuaries— Great Bay National Estuarine Research Reserve, NH, 44499 E7-15483 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Reactor Safeguards Advisory Committee, 44590 E7-15509 Plants and materials; physical protection:

Fingerprinting and criminal history records check requirements for unescorted access to radioactive material or other property, 44590-44592 E7-15494 Reports and guidance documents; availability, etc.: Strategic Plan (2007-2012 FYs), 44592-44593 E7-15479 *Applications, hearings, determinations, etc.:* Nine Mile Point Nuclear Station, LLC, 44589-44590 E7-15460 Personnel Personnel Management Office RULES Awards: Senior career employees and Senior Executive Service career members;

Presidential Rank Awards and other awards, 44367 E7-15470 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 44593-44599 E7-15431 E7-15434 Fixed Income Clearing Corp., 44599-44600 E7-15371 National Securities Clearing Corp., 44600-44601 E7-15433 New York Stock Exchange LLC, 44601-44603 E7-15432 One Chicago, LLC, 44603-44605 E7-15384 SBA Small Business Administration NOTICES Meetings: Regulatory Fairness Boards— Region VIII; hearing, 44605 E7-15408 Region X; hearing, 44605 E7-15406 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, control, etc.:

Four Rivers Transportation, Inc., et al., 44608 E7-15318 Texas and Northern Railway Co., 44607 E7-15289 Railroad services abandonment: Norfolk Southern Railway Co., 44608-44609 E7-15504 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 44610-44611 07-3878 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board PROPOSED RULES Standard time zone boundaries:

Indiana, 44466-44469 07-3864 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44605-44606 E7-15438 E7-15439 Treasury Treasury Department See Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 44609-44610 E7-15458 MISSING FOR: U.S. Customs and Border Protection U.S. Customs and Border Protection NOTICES Country of origin determinations: Printer cartridges, 44566-44568 E7-15484 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-15374 44611-44616 E7-15375 E7-15376 E7-15377 E7-15378 E7-15379 E7-15380 E7-15381 E7-15382 Meetings:

Voluntary Services National Advisory Committee, 44616-44617 07-3854 Patent licenses; non-exclusive, exclusive, or partially exclusive: Preventative Nutrient Co., Inc., 44617 E7-15386 Separate Parts In This Issue Part II Education Department, 44620-44653 E7-15314 Part III Transportation Department, Federal Aviation Administration, 44656-44669 E7-14937 Part IV Agriculture Department, Agricultural Marketing Service, 44672-44722 07-3857 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. 72 152 Wednesday, August 8, 2007 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 451 RIN 3206-AJ65 Awards AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing final regulations governing Presidential Rank Awards to implement the Treasury and General Government Appropriations Act of 2002, which extends eligibility for Presidential Rank Awards to certain senior career employees. The amendments will also enhance the clarity of the regulations and improve readability. EFFECTIVE DATE: September 7, 2007. FOR FURTHER INFORMATION CONTACT: Karen English at

(202)606-2747 or by e-mail at *karen.english@opm.gov.* SUPPLEMENTARY INFORMATION: On August 13, 2002, OPM issued an interim rule at 67 FR 52595-52597 amending part 451 and requesting comments on or before October 15, 2002. Comments OPM received comments from four Federal agencies and two professional organizations. Those comments are addressed below. Purpose Two agencies favored the interim rule and had no further comments. One agency recommended that OPM include a statement encouraging agency heads to consider diversity when submitting award nominations and to collect and publish the number of Hispanics receiving the award. OPM did not adopt this suggestion because the award is conferred upon an executive who has demonstrated extraordinary and sustained career accomplishments regardless of race, gender, age, etc. One professional organization asked if section 451.303, paragraphs

(a)and (b), were intended to use Roman numerals

(i)and

(ii)rather than Arabic numerals

(1)and (2). OPM agrees and has changed paragraphs

(a)and

(b)to include Arabic numerals

(1)and

(2)for format consistency throughout the regulation. Two agencies recommended the official term “senior career employee” vs. “career senior employee” be used consistently throughout the chapter. OPM agrees and has made the change. In section 451.303(b) we are removing the italics from “Senior career employees” for format consistency throughout the regulation. List of Subjects in 5 CFR Part 451 Decorations, medals, awards, Government employees. Office of Personnel Management. Linda M. Springer, Director. Accordingly, the interim rule published on August 13, 2002, amending 5 CFR 451 (67 FR 52595), is adopted as a final rule with the following changes: PART 451—AWARDS 1. The authority citation for part 451 continues to read as follows: Authority: 5 U.S.C. 4302, 4501-4509, E.O. 11438, 12828. Subpart C—Presidential Rank Awards § 451.302 [Amended] 2. Section 451.302(c) is amended by removing the phrase “career senior employees” and adding in its place, the phrase “senior career employees”. § 451.303 [Amended] 3. Section 451.303 is amended: A. By redesignating paragraphs (a)(i), (a)(ii), (b)(i) and (b)(ii) as (a)(1), (a)(2), (b)(1) and (b)(2), respectively; B. By removing the italics from the words “Senior career employees” in paragraph

(b)introductory text; and C. By removing the words “career senior employees” and adding in its place, the phrase “senior career employees” in newly redesignated paragraphs (b)(1) and (2). § 451.304 [Amended]. 4. In Section 451.304(a) and

(b)remove the words “career senior employee” and add, in their place the words “senior career employee”. [FR Doc. E7-15470 Filed 8-7-07; 8:45 am] BILLING CODE 6325-39-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 923 [Docket No. AMS-FV-07-0073; FV07-923-1 FR] Sweet Cherries Grown in Designated Counties in Washington; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule decreases the assessment rate established for the Washington Cherry Marketing Committee (Committee) for the 2007-2008 and subsequent fiscal periods from $0.50 to $0.40 per ton for Washington sweet cherries. The Committee is responsible for local administration of the marketing order regulating the handling of sweet cherries grown in designated counties in Washington. Assessments upon handlers of sweet cherries are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period for the marketing order begins April 1 and ends March 31. The assessment rate remains in effect indefinitely unless modified, suspended or terminated. EFFECTIVE DATE: August 9, 2007. FOR FURTHER INFORMATION CONTACT: Robert J. Curry or Gary D. Olson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue, suite 385, Portland, OR 97204; Telephone:

(503)326-2724; Fax:

(503)326-7440; or E-mail: *Robert.Curry@usda.gov* or *GaryD.Olson@usda.gov* . Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491; Fax:

(202)720-8938; or E-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 923 (7 CFR part 923), as amended, regulating the handling of sweet cherries grown in designated counties in Washington, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, cherry handlers in designated counties in Washington are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable Washington sweet cherries beginning April 1, 2007, and continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule decreases the assessment rate established for the Committee for the 2007-2008 and subsequent fiscal periods from $0.50 to $0.40 per ton for Washington sweet cherries handled under the order. The order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers and handlers of sweet cherries in designated counties in Washington. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed at a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2006-2007 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate of $0.50 per ton of sweet cherries handled. This rate would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on May 2, 2007, and unanimously recommended 2007-2008 expenditures of $71,600. In comparison, last year's budgeted expenditures were $49,800. The Committee also recommended that the $0.50 per ton assessment rate be decreased by $0.10 to $0.40 per ton of sweet cherries handled. The Committee recommended the lower assessment rate for the purpose of decreasing the monetary reserve, which is approximately $83,792. Funds in the reserve must be kept within the maximum permitted by the order of approximately one fiscal period's operational expenses (7 CFR 923.42). The major expenditures recommended by the Committee for the 2007-2008 fiscal period include $22,500 for administration and data management fees, $36,500 for Committee expenses such as travel, accounting and compliance, and $7,600 for office expenses—including bonds, insurance, telephone, office equipment and supplies. Budgeted expenses for these items in 2006-2007 were $25,000, $16,200, and $7,100, respectively. Higher expenses are anticipated this season due to a producer survey and other regulatory research expenses requested by the Committee, as well as the associated increase in staff costs. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Washington sweet cherries. Applying the $0.40 per ton rate of assessment to the Committee's 120,000 ton crop estimate should provide $48,000 in assessment income. Income derived from handler assessments, along with interest income and approximately $23,600 from the Committee's reserve, should be adequate to cover budgeted expenses. While the monetary reserve held about $83,792 at the close of the 2006-2007 fiscal period, the Committee estimates that it will close on March 31, 2008, with approximately $60,267, given the recommended budget of expenses and the income expected from the $0.40 assessment rate. The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be effective for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of the Committee's meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate the Committee's recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2007-2008 budget has been reviewed and approved by USDA as will those for subsequent fiscal periods. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 1,500 cherry producers within the regulated production area and approximately 53 regulated handlers. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $6,500,000. The Washington Agricultural Statistics Service prepared a preliminary report for the 2006 shipping season showing that the sweet cherry fresh market utilization of 136,000 tons sold for an average of $2,000 per ton. Based on the number of producers in the production area (1,500), the average producer revenue from the sale of sweet cherries in 2006 can therefore be estimated at approximately $181,333 per year. In addition, the Committee reports that most of the industry's 53 handlers would have each averaged gross receipts of less than $6,500,000 from the sale of fresh sweet cherries last season. Thus, the majority of producers and handlers of Washington sweet cherries may be classified as small entities. This rule decreases the assessment rate established for the Committee and collected from handlers for the 2007-2008 and subsequent fiscal periods from $0.50 to $0.40 per ton for sweet cherries. The Committee also unanimously recommended 2007-2008 expenditures of $71,600. With the 2007-2008 Washington sweet cherry crop estimate of 120,000 tons, the Committee anticipates assessment income of $48,000. The Committee recommended the assessment rate decrease for the purpose of decreasing the monetary reserve, which is approximately $83,792. With this assessment rate and budget, the Committee may need to draw up to $23,600 from its monetary reserve, thus helping to decrease the reserve to a level that is less than approximately one fiscal period's operating expenses, the maximum permitted by the order. The major expenditures recommended by the Committee for the 2007-2008 fiscal period include $22,500 for administration and data management fees, $36,500 for Committee expenses, and $7,600 for office expenses. Budgeted expenses for these items in 2006-2007 were $25,000, $16,200, and $7,100, respectively. The Committee discussed alternatives to this rule. Leaving the assessment rate at the current $0.50 per ton was initially considered, but not recommended because of the Committee's desire to decrease the level of the monetary reserve so that it is not more than approximately one fiscal period's operational expenses. A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the producer price for the 2007-2008 season could average about $2,000 per ton for fresh Washington sweet cherries. Therefore, the estimated assessment revenue for the 2007-2008 fiscal period as a percentage of total producer revenue is 0.02 percent for Washington sweet cherries. This action decreases the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the Committee's meeting was widely publicized throughout the Washington sweet cherry industry and all interested persons were invited to attend and participate in Committee deliberations on all issues. Like all Committee meetings, the May 2, 2007, meeting was a public meeting and all entities, both large and small, were able to express views on the issues. This rule imposes no additional reporting or recordkeeping requirements on either small or large Washington sweet cherry handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. Furthermore, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. The AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. A proposed rule regarding this action was published in the **Federal Register** on June 20, 2007 (72 FR 33922). Copies of the proposed rule were made available to the industry by the Committee and through the Internet by the USDA and the Office of the **Federal Register** . A 10-day comment period ending July 2, 2007, was provided for interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and order may be viewed at: *http://www.ams.usda.gov/fv/moab.html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:

(1)This rule decreases the assessment rate, and thus also decreases the burden on handlers;

(2)handlers are currently receiving 2007-2008 sweet cherries from producers;

(3)the 2007-2008 fiscal period began on April 1, 2007, and the assessment rate applies to all assessable sweet cherries handled during this and subsequent fiscal periods;

(4)handlers are aware of this action which was recommended by the Committee at a public meeting; and

(5)a 10-day comment period was provided for in the proposed rule. List of Subjects in 7 CFR Part 923 Cherries, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 923 is amended as follows: PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON 1. The authority citation for 7 CFR part 923 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 923.236 is revised to read as follows: § 923.236 Assessment rate. On and after April 1, 2007, an assessment rate of $0.40 per ton is established for the Washington Cherry Marketing Committee. Dated: August 2, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-15397 Filed 8-7-07; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28863; Directorate Identifier 2007-NE-33-AD; Amendment 39-15149; AD 2007-16-10] RIN 2120-AA64 Airworthiness Directives; Teledyne Continental Motors Reciprocating

(TCM)Engine Models IO-550-N, TSIO-520-BE, TSIO-550-A, TSIO-550-B, TSIO-550-C, TSIO-550-E, and TSIO-550-G AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for TCM IO-550-N, TSIO-520-BE, TSIO-550-A, TSIO-550-B, TSIO-550-C, TSIO-550-E, and TSIO-550-G reciprocating engines. This AD requires removing before further flight, certain Kelly Aerospace Power Systems turbochargers, part number (P/N) 466304-0003, listed by serial number in this AD. This AD results from four incidents of the turbine rotor separating from the shaft of the turbocharger. We are issuing this AD to prevent the turbine rotor from separating from the shaft of the turbocharger due to a machining defect in the turbocharger compressor. This condition could result in full engine power loss, loss of engine lubricant, or smoke in the airplane cabin. DATES: This AD becomes effective August 23, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of August 23, 2007. We must receive any comments on this AD by October 9, 2007. ADDRESSES: Use one of the following addresses to comment on this AD: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* 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. Contact Kelly Aerospace Power Systems, 2900 Selma Highway, Montgomery, AL 36108; telephone

(334)386-5400; fax

(334)386-5450; *http://www.kellyaerospace.com* for the service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Kevin Brane, Aerospace Engineer, Atlanta Aircraft Certification Office, FAA, Small Airplane Directorate, One Crown Center, 1895 Phoenix Blvd., Suite 450, Atlanta, GA 30349; e-mail: *kevin.brane@faa.gov;* telephone

(770)703-6063; fax

(770)703-6097. SUPPLEMENTARY INFORMATION: On July 16, 2007, Kelly Aerospace Power Systems informed us that there were potential nonconforming turbochargers, P/N 466304-0003 that might have a machining defect in the compressors of the turbochargers. A machining defect in the turbocharger compressor leads to a condition where the center bore of the compressor is not perpendicular to the backface of the compressor. The machining defect leads to abnormal turbocharger rotor vibration which results in abnormal wear characteristics. The wear could result in the turbocharger rotor separating from the shaft. This condition, if not corrected, could result in full engine power loss, loss of engine lubricant, or smoke in the airplane cabin. Relevant Service Information We have reviewed and approved the technical contents of Kelly Aerospace Power Systems Service Bulletins

(SBs)No. 026, Revision B, dated July 27, 2007, and No. 027, dated July 25, 2007. Those SBs list affected turbochargers by SN, and describe procedures for visually inspecting the turbocharger. FAA's Determination and Requirements of this AD The unsafe condition described previously is likely to exist or develop on other engines of the same type design. For that reason, we are issuing this AD to prevent the turbine rotor from separating from the shaft of the turbocharger due to a machining defect in the turbocharger compressor. This condition could result in full engine power loss, loss of engine lubricant, or smoke in the airplane cabin. This AD requires replacing certain turbochargers before further flight. You must use the service information described previously to perform the actions required by this AD. FAA's Determination of the Effective Date Since an unsafe condition exists that requires the immediate adoption of this AD, we have found that notice and opportunity for public comment before issuing this AD are impracticable, and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to send us any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include “AD Docket No. FAA-2007-28863; Directorate Identifier 2007-NE-33-AD” in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. We will post all comments we receive, without change, to *http://dms.dot.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of the DMS 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 AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Authority for this Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2007-16-10 Teledyne Continental Motors:** Amendment 39-15149. Docket No. FAA-2007-28863; Directorate Identifier 2007-NE-33-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective August 23, 2007. Affected ADs

(b)None. Applicability

(c)This AD applies to:

(1)Teledyne Continental Motors

(TCM)models TSIO-520-BE, TSIO-550-A, TSIO-550-B, TSIO-550-C, TSIO-550-E, and TSIO-550-G reciprocating engines with a Kelly Aerospace Power Systems turbocharger, TCM part number (P/N) 646677, with certain serial numbers (SNs), installed on or after March 20, 2007. These engines are installed on, but not limited to, Adam Aircraft A500, Columbia Aircraft Manufacturing LC41-550FG, Mooney Airplane Company M20TN (Acclaim), and Piper Aircraft Incorporated PA-46-310P (Malibu) airplanes.

(2)TCM IO-550-N reciprocating engines modified to Engine Technologies Incorporated supplemental type certificate

(STC)SE10589SC to install turbocharger, P/N 466304-0003, with certain SNs, installed on or after March 20, 2007. These engines are installed on, but not limited to, Cirrus Design Corporation Aircraft Model SR22 modified to Engine Technologies Incorporated STC SA10588SC. Unsafe Condition

(d)This AD results from four incidents of the turbine rotor separating from the shaft of the turbocharger. We are issuing this AD to prevent the turbine rotor from separating from the shaft of the turbocharger due to a machining defect in the turbocharger compressor. This condition could result in full engine power loss, loss of engine lubricant, or smoke in the airplane cabin. Compliance

(e)You are responsible for having the actions required by this AD performed before further flight unless the actions have already been done.

(f)If your engine has a turbocharger that was installed before March 20, 2007, no further action is required. Engines Modified to Engine Technologies Incorporated STC SE10589SC

(g)Before further flight, for engines modified to Engine Technologies Incorporated STC SE10589SC on or after March 20, 2007, with a turbocharger that has a SN listed in Kelly Aerospace Service Bulletin

(SB)No. 026, Revision B, dated July 27, 2007, replace the turbocharger. TCM Engines with Turbocharger TCM P/N 646677

(h)Before further flight, for engines with a Kelly Aerospace Power Systems turbocharger, TCM P/N 646677 installed on or after March 20, 2007, with a turbocharger SN listed in Kelly Aerospace SB No. 027, dated July 25, 2007, replace the turbocharger. Alternative Methods of Compliance

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

(j)We are limiting the special flight permits for this AD by allowing a special flight permit only after visually inspecting the turbocharger using the procedures specified in the Visual Inspection sections of Kelly Aerospace Power Systems SB No. 026, Revision B, dated July 27, 2007, and SB No. 027, dated July 25, 2007. Related Information

(k)Teledyne Continental Aircraft Engine Mandatory Service Bulletin

(MSB)MSB07-4, dated July 30, 2007, contains additional information on replacing turbochargers on TCM engines and Cirrus Service Advisory SA 07-14 R1, dated July 24, 2007, contains additional information on replacing turbochargers on Cirrus Design Corporation Aircraft Model SR22 modified to Engine Technologies Incorporated STC SA10588SC.

(l)Contact Kevin Brane, Aerospace Engineer, Atlanta Aircraft Certification Office, FAA, Small Airplane Directorate, One Crown Center, 1895 Phoenix Blvd., Suite 450, Atlanta, GA 30349; e-mail: *kevin.brane@faa.gov;* telephone

(770)703-6063; fax

(770)703-6097, for more information about this AD. Material Incorporated by Reference

(m)You must use Kelly Aerospace Power Systems Service Bulletins No. 026, Revision B, dated July 27, 2007, and No. 027, dated July 25, 2007, to determine if you have an affected turbocharger installed. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Kelly Aerospace Power Systems, 2900 Selma Highway, Montgomery, AL 36108; telephone

(334)386-5400; fax

(334)386-5450; *www.kellyaerospace.com,* for a copy of this service information. You may review copies at the FAA, New England Region, 12 New England Executive Park, Burlington, MA; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Burlington, Massachusetts, on August 1, 2007. Peter A. White, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 07-3840 Filed 8-6-07; 11:44 am]

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