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Code · REGISTER · 2007-10-16 · PROPOSED RULES · Unknown

Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2007-10-16.xml --- 72 199 Tuesday, October 16, 2007 Contents Agricultural Agricultural Marketing Service RULES National Organic Program: Allowed and prohibited substances; national list, 58469-58473 E7-20326 NOTICES Grade standards: Livestock and meat marketing claims; grass (forage) fed claim for ruminant livestock and meat products derived from such livestock, 58631-58637 E7-20328 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Meetings:
National Agricultural Research, Extension, Education, and Economics Advisory Board, 58631 E7-20324 Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 58638-58639 07-5118 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Chicago Harbor, Navy Pier East, Chicago, IL, 58522-58523 E7-20309 NOTICES Meetings: National Boating Safety Advisory Council, 58679-58680 E7-20321 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs; approval and promulgation;
State plans for designated facilities and pollutants: Wisconsin, 58542-58546 E7-20165 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Georgia, 58538-58542 E7-20340 Illinois, 58528-58534 E7-20142 Iowa, 58535-58538 E7-20378 Ohio, 58523-58528, 58546-58553 E7-20252 E7-20253 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Illinois, 58570-58571 E7-20144 Iowa, 58571 E7-20377 Ohio, 58571-58572 E7-20251 Air quality planning purposes; designation of areas:
Georgia, 58572-58577 E7-20342 Tennessee and Arkansas, 58577-58582 E7-20390 NOTICES Grants, State and local assistance: National Clean Water Act Recognition Awards, 58662-58664 E7-20373 Meetings: Scientific Counselors Board, 58664 E7-20348 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 58489-58491, 58499-58502, 58504-58507 E7-20137 E7-20221 E7-20027 Boeing, 58492-58497 E7-20219 E7-20223 Empresa Brasileira de Aeronautica S.A., 58502-58504 E7-20222 Hawker Beechcraft Corp., 58491-58492 E7-20138 Pilatus Aircraft Ltd., 58497-58499 E7-20220 Standard instrument approach procedures, 58507-58511 E7-20210 E7-20212 PROPOSED RULES Airworthiness standards:
Special conditions— Boeing Model 787-8 airplane, 58560-58561 E7-20310 Class D and E airspace, 58561-58563 E7-20313 Class E airspace, 58563-58570 E7-20308 E7-20311 E7-20312 E7-20314 E7-20315 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 58665 E7-20341 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Assessments: Dividend requirements; implementation Correction, 58743-58745 C7-4596 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:
Various States, 58553-58559 E7-20384 PROPOSED RULES Flood elevation determinations: New York, 58615-58618 E7-20388 South Carolina, 58598-58599 E7-20356 Various States, 58590-58615 E7-20357 E7-20382 NOTICES Agency information collection activities; proposals, submissions, and approvals, 58680 E7-20343 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 58649-58650 E7-20286 Environmental statements; availability, etc.:
Bradwood Landing, LLC, et al., 58653-58654 E7-20296 Hydroelectric applications, E7-20284 58654-58660 E7-20287 E7-20288 E7-20289 E7-20317 E7-20318 Meetings: Direct Energy Services, LLC, et al.; technical conference, 58660 E7-20316 Enforcement policy conference, 58660-58661 E7-20290 Gulf Crossing Pipeline Co., LLC, et al., 58661 E7-20297 State of the Natural Gas Industry Conference, 58661 E7-20299 Natural gas pipeline rate and refund report filings, 58662 E7-20339 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission, LLC, 58650 E7-20295 Black Bayou Storage LLC, 58651 E7-20320 Enogex Inc., 58651-58652 E7-20319 ISO New England Inc. et al., 58652 E7-20293 Primary Energy of North Carolina LLC, 58652 E7-20285 Tennessee Gas Pipeline Co., 58652-58653 E7-20294 University of New Hampshire, 58653 E7-20298 FTC Federal Trade Commission NOTICES Prohibited trade practices:
Kyphon Inc. et al., 58665-58668 E7-20325 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Monterey spineflower, 58618-58622 E7-20241 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: Regulatory project managers; training program; industry guidance, 58668 E7-20430 Foreign Foreign Assets Control Office NOTICES Sanctions, blocked persons, specially-designated nationals, terrorists, narcotics traffickers, and foreign terrorist organizations:
Narcotics-related blocked persons; additional designations, 58732-58733 E7-20335 Unblocking of specially designated narcotics traffickers; individuals and entities removed from list, 58733-58734 E7-20336 Forest Forest Service NOTICES Environmental statements; notice of intent: Bridger-Teton National Forest, WY, 58637-58638 07-5072 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 58669 E7-20383 Meetings:
Heritable Disorders and Genetic Diseases in Newborns and Children Advisory Committee, 58669-58670 E7-20387 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 58680-58681 E7-20283 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau PROPOSED RULES Native American Graves Protection and Repatriation Act; implementation:
Disposition of culturally unidentifiable human remains, 58582-58590 E7-20209 IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-20303 58734-58735 E7-20305 E7-20306 International International Trade Administration NOTICES Antidumping: Carbazole violet pigment 23 from— India, 58639-58640 E7-20346 Forged stainless steel flanges from— India, 58640-58641 E7-20347 Silicon metal from— China, 58641-58642 E7-20344 Tissue paper products from— China, 58642-58646 E7-20349 Antidumping and countervailing duties:
Lightweight thermal paper from— Various countries, 58639 E7-20345 Export trade certificates of review, 58646-58647 E7-20307 Labor Labor Department See Veterans Employment and Training Service Land Land Management Bureau NOTICES Environmental statements; notice of intent: PacifiCorp et al, 58681-58682 E7-20426 Oil and gas leases: Oklahoma, 58682 07-5075 Realty actions; sales, leases, etc.: Nevada, 58682-58685 07-5076 07-5077 07-5078 Survey plat filings: Nevada, 58685-58686 E7-20292 National Institute National Institute of Standards and Technology NOTICES Inventions, Government-owned; availability for licensing, 58647 E7-20355 NIH National Institutes of Health NOTICES Meetings:
National Cancer Institute, 58670 07-5093 07-5095 National Center for Research Resources, 58670-58671 07-5089 National Heart, Lung, and Blood Institute, 58671 07-5084 National Institute of Allergy and Infectious Diseases, 07-5090 58673-58675 07-5091 07-5098 National Institute of Child Health and Human Development, 58673 07-5092 National Institute of Diabetes and Digestive and Kidney Diseases, 58672-58675 07-5088 07-5097 National Institute of General Medical Sciences, 58671-58674 07-5083 07-5096 National Institute of Mental Health, 58674 07-5094 National Institute on Aging, 58671-58672 07-5086 National Institute on Drug Abuse, 58672 07-5087 Scientific Review Center, 58675-58679 07-5085 07-5099 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 58559 07-5100 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies, 58622-58630 E7-20386 NOTICES Environmental statements; notice of intent: Caribbean, Gulf of Mexico, and South Atlantic fisheries— Amendments 3 and 5 to the Spiny lobster fishery management plan of the Carribbean, the Gulf of Mexico, and South Atlantic; scoping meetings, 58648-58649 07-5107 Meetings:
North Pacific Fishery Management Council, 58649 E7-20322 National Science National Science Foundation NOTICES Meetings: Polar Programs Advisory Committee, 58686 E7-20323 Nuclear Nuclear Regulatory Commission RULES Byproduct material; domestic licensing: Licensing exemptions, general licensing and reporting requirements, 58473-58489 E7-19944 NOTICES Atomic Safety and Licensing Board; proceedings, etc.: Nuclear Fuel Services; reconstitution, 58686-58687 E7-20415 Siemaszko, Andrew; reconstitution, 58687 E7-20419 Meetings:
Reactor Safeguards Advisory Committee, 58687 E7-20416 E7-20432 Meetings; Sunshine Act, 58687-58688 07-5119 *Applications, hearings, determinations, etc.:* Calvert Cliffs Nuclear Power Plant, Inc., 58686 E7-20417 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Patents: Human drug products; interim term extensions— Mifamurtide, 58649 E7-20372 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials:
Special permit applications; list, 58713-58730 07-5079 07-5080 Special permit applications delayed; list, 58730-58731 07-5081 Special permit modification applications; list, 58731-58732 07-5082 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National School Lunch Week (Proc. 8190), 58747-58750 07-5139 White Cane Safety Day (Proc. 8191), 58751-58752 07-5140 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:
American Stock Exchange LLC, 58689-58694 E7-20359 E7-20362 E7-20363 Chicago Board Options Exchange, Inc., 58694-58696 E7-20361 International Securities Exchange, LLC, 58696-58704 E7-20360 E7-20461 NYSE Arca, Inc., 58704-58709 E7-20330 Philadelphia Stock Exchange, Inc., 58710-58713 E7-20329 E7-20358 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 58713 E7-20338 State State Department NOTICES Grants and cooperative agreements; availability, etc.:
EducationUSA Advising Services in Eurasia and Central Asia; amendment, 58713 E7-20369 Trade Trade Representative, Office of United States NOTICES U.S.-Israel Agreement on Trade in Agricultural products: Review and renegotiation, 58688-58689 E7-20374 Transportation Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service RULES U.S.-Bahrain Free Trade Agreement:
Preferential tariff treatment, other provisions, and comment request, 58511-58522 07-5062 Customs U.S. Customs and Border Protection RULES U.S.-Bahrain Free Trade Agreement: Preferential tariff treatment, other provisions, and comment request, 58511-58522 07-5062 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 58735-58742 E7-20327 E7-20331 E7-20332 E7-20333 E7-20350 E7-20351 E7-20352 E7-20353 E7-20354 E7-20365 E7-20366 E7-20367 Veterans Veterans Employment and Training Service NOTICES Meetings:
Veterans Employment, Training, and Employer Outreach Advisory Committee, 58686 E7-20337 Separate Parts In This Issue Part II Executive Office of the President, Presidential Documents, 58747-58752 07-5139 07-5140 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. 72 199 Tuesday, October 16, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Docket Number AMS-TM-06-0222;
TM-04-07FR] RIN 0581-AC51 National Organic Program, Sunset Review AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule amends the U.S. Department of Agriculture's
(USDA)National List of Allowed and Prohibited Substances (National List) regulations to reflect recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board
(NOSB)from November 17, 2005 through October 19, 2006. The amendments addressed in this final rule pertain to the continued exemption
(use)and prohibition of 168 substances in organic production and handling. Consistent with the recommendations from the NOSB, this final rule renews 165 exemptions and prohibitions on the National List (along with any restrictive annotations) and removes 3 exemptions from the National List. DATES: *Effective Date:* This rule becomes effective October 21, 2007. FOR FURTHER INFORMATION CONTACT: Arthur Neal, Director, Program Administration, Telephone:
(202)720-3252; Fax:
(202)205-7808. SUPPLEMENTARY INFORMATION: I. Background The Organic Foods Production Act (OFPA), 7 U.S.C. 6501 *et seq.* , authorizes the establishment of the National List of allowed and prohibited substances. The National List identifies synthetic substances (synthetics) that are exempted (allowed) and nonsynthetic substances (nonsynthetics) that are prohibited in organic crop and livestock production. The National List also identifies nonsynthetics and synthetics that are exempted for use in organic handling. The exemptions and prohibitions granted under the OFPA are required to be reviewed every 5 years by the NOSB. The Secretary of Agriculture has authority under the OFPA to renew such exemptions and prohibitions. If they are not reviewed by the NOSB within 5 years of their inclusion on the National List and renewed by the Secretary, their authorized use or prohibition expires. This means that a synthetic substance exempted for use on the National List in 2002 and currently allowed for use in organic production will no longer be allowed for use after October 21, 2007; a non-synthetic substance prohibited from use on the National List in 2002 and currently prohibited from use in organic production will be allowed after October 21, 2007; and a synthetic or nonsynthetic substance exempted for use on the National List and currently allowed for use in organic handling will be prohibited after October 21, 2007. This final rule amends the National List to reflect recommendations submitted to the Secretary by the NOSB concerning the continued use and prohibition of 168 substances in organic production and handling. Consistent with the recommendations from the NOSB, this final rule renews 165 exemptions and prohibitions on the National List (along with any restrictive annotations) and removes 3 exemptions from the National List. Under the authority of the OFPA, as amended, (7 U.S.C. 6501 *et seq.* ), the National List can be amended by the Secretary based on proposed amendments developed by the NOSB. Since established, the National List has been amended five times, October 31, 2003 (68 FR 61987), November 3, 2003 (68 FR 62215), October 21, 2005 (70 CFR 61217), September 11, 2006 (71 FR 53299), and June 27, 2007 (72 FR 35137). II. Overview of Amendments The following provides an overview of the amendments made to designated sections of the National List regulations: Renewals This final rule amends the USDA's National organic regulations (7 CFR part 205) to renew exemptions and prohibitions for the following substances in organic agricultural production and handling (use categories and any restrictive annotations remain unchanged, but have been omitted from this overview): Section 205.601 Synthetic Substances Allowed for Use in Organic Crop Production 1. Ethanol. 2. Isopropanol. 3. Calcium hypochlorite. 4. Chlorine dioxide. 5. Sodium hypochlorite. 6. Hydrogen peroxide. 7. Soap-based algicide/demossers. 8. Herbicides, soap-based. 9. Newspaper or other recycled paper, without glossy or colored inks. 10. Plastic mulch and covers. 11. Newspapers or other recycled paper, without glossy or colored inks. 12. Soaps, ammonium. 13. Ammonium carbonate. 14. Boric acid. 15. Elemental sulfur. 16. Lime sulfur-including calcium polysulfide. 17. Oils, horticultural-narrow range oils as dormant, suffocating, and summer oils. 18. Soaps, insecticidal. 19. Sticky traps/barriers. 20. Pheromones. 21. Sulfur dioxide. 22. Vitamin D 3 . 23. Copper hydroxide. 24. Copper oxide. 25. Copper oxychloride. 26. Copper sulfate. 27. Hydrated lime. 28. Hydrogen peroxide. 29. Lime sulfur. 30. Oils, horticultural, narrow range oils as dormant, suffocating, and summer oils. 31. Potassium bicarbonate. 32. Elemental sulfur. 33. Streptomycin. 34. Tetracycline (oxytetracycline calcium complex). 35. Aquatic plant extracts (other than hydrolyzed). 36. Elemental sulfur. 37. Humic acids. 38. Lignin sulfonate. 39. Magnesium sulfate. 40. Soluble boron products. 41. Sulfates. 42. Carbonates. 43. Oxides. 44. Silicate of zinc. 45. Silicate of copper. 46. Silicate of iron. 47. Silicate of manganese. 48. Silicate of molybdenum. 49. Silicate of selenium. 50. Silicate of cobalt. 51. Liquid fish products. 52. Vitamin B 1 . 53. Vitamin C. 54. Vitamin E. 55. Ethylene gas. 56. Lignin sulfonate. 57. Sodium silicate. 58. EPA List 4—Inerts of Minimal Concern. Section 205.602 Nonsynthetic Substances Prohibited for Use in Organic Crop Production 1. Ash from manure burning. 2. Arsenic. 3. Lead salts. 4. Potassium chloride. 5. Sodium fluoaluminate (mined). 6. Sodium nitrate. 7. Strychnine. 8. Tobacco dust (nicotine sulfate). Section 205.603 Synthetic Substances Allowed for Use in Organic Livestock Production 1. Ethanol. 2. Isopropanol. 3. Aspirin. 4. Vaccines. 5. Chlorhexidine. 6. Calcium hypochlorite. 7. Chlorine dioxide. 8. Sodium hypochlorite. 9. Electrolytes. 10. Glucose. 11. Glycerine. 12. Hydrogen peroxide. 13. Iodine. 14. Magnesium sulfate. 15. Oxytocin. 16. Ivermectin. 17. Phosphoric acid. 18. Copper sulfate. 19. Iodine. 20. Lidocaine. 21. Lime, hydrated. 22. Mineral oil. 23. Procaine. 24. Trace minerals. 25. Vitamins. 26. EPA List 4—Inerts of Minimal Concern. Section 205.604 Nonsynthetic Substances Prohibited for Use in Organic Livestock Production 1. Strychnine. Section 205.605 Nonagricultural (Nonorganic) Substances Allowed as Ingredients in or on Processed Products Labeled as “Organic” or “Made With Organic (Specified Ingredients or Food Group(s))”
(a)Nonsynthetics allowed: 1. Alginic acid. 2. Citric acid. 3. Lactic acid. 4. Bentonite. 5. Calcium carbonate. 6. Calcium chloride. 7. Dairy cultures. 8. Diatomaceous earth. 9. Enzymes. 10. Flavors. 11. Kaolin. 12. Magnesium sulfate. 13. Nitrogen-oil-free grades. 14. Oxygen-oil-free grades. 15. Perlite. 16. Potassium chloride. 17. Potassium iodide. 18. Sodium bicarbonate. 19. Sodium carbonate. 20. Carnauba wax. 21. Wood resin wax. 22. Autolysate yeast. 23. Bakers yeast. 24. Brewers yeast. 25. Nutritional yeast. 26. Smoked yeast.
(b)Synthetics allowed: 1. Alginates. 2. Ammonium bicarbonate. 3. Ammonium carbonate. 4. Ascorbic acid. 5. Calcium citrate. 6. Calcium hydroxide. 7. Monobasic calcium phosphates. 8. Dibasic calcium phosphates. 9. Tribasic calcium phosphates. 10. Carbon dioxide. 11. Calcium hypochlorite. 12. Chlorine dioxide. 13. Sodium hypochlorite. 14. Ethylene. 15. Ferrous sulfate. 16. Monoglycerides. 17. Diglycerides. 18. Glycerin. 19. Hydrogen peroxide. 20. Lecithin—bleached. 21. Magnesium carbonate. 22. Magnesium chloride. 23. Magnesium stearate. 24. Nutrient vitamins. 25. Nutrient minerals. 26. Ozone. 27. Pectin (low-methoxy). 28. Phosphoric acid. 29. Potassium acid tartrate. 30. Potassium carbonate. 31. Potassium citrate. 32. Potassium hydroxide. 33. Potassium iodide. 34. Potassium phosphate. 35. Silicon dioxide. 36. Sodium citrate. 37. Sodium hydroxide. 38. Sodium phosphates. 39. Sulfur dioxide. 40. Tocopherols. 41. Xanthan gum. Section 205.606 Nonorganically Produced Agricultural Products Allowed as Ingredients in or on Processed Products Labeled as “Organic” 1. Cornstarch (native). 2. Gums—water extracted only (arabic, guar, locust bean, carob bean). 3. Kelp—for use only as a thickener and dietary supplement. 4. Lecithin—unbleached. 5. Pectin (high-methoxy). Nonrenewals This final rule amends the USDA's National List by removing exemptions (and any restrictive annotations) for the following substances in organic agricultural production and handling: Section 205.603 Synthetic Substances Allowed for Use in Organic Livestock Production Milk replacers without antibiotics, as emergency use only, no nonmilk products or products from BST treated animals. Section 205.605 Nonagricultural (Nonorganic) Substances Allowed as Ingredients in or on Processed Products Labeled as “Organic” or “Made With Organic (Specified Ingredients or Food Group(s))” Colors—nonsynthetic sources only. Potassium tartrate made from tartaric acid. Error in Proposed Rule In review of the proposed rule, the Secretary identified that carrageenan was included in the proposal as an exemption set to expire on October 21, 2007. This is not correct. Carrageenan was amended to the National List on October 31, 2003 (68 FR 61987) and has an expiration date of October 31, 2008, not October 31, 2007. As a result, the renewal of carrageenan will not be carried out through this rulemaking. The exemption will remain in effect on the National List until October 31, 2008. Continued use of the exemption after such date will be contingent upon future rulemaking. III. Related documents One advanced notice of proposed rulemaking with request for comments was published in **Federal Register** Notice 70 FR 35177, June 17, 2005, to make the public aware that the allowance of 169 synthetic and non-synthetic substances in organic production and handling will expire, if not reviewed by the NOSB and renewed by the Secretary. On March 6, 2007, a proposed rule with request for comments was published in **Federal Register** Notice 72 FR 9872. IV. Statutory and Regulatory Authority The OFPA, as amended (7 U.S.C. 6501 *et seq.* ), authorizes the Secretary to make amendments to the National List based on proposed amendments developed by the NOSB. Sections 6518(k)(2) and 6518(n) of OFPA authorize the NOSB to develop proposed amendments to the National List for submission to the Secretary and establish a petition process by which persons may petition the NOSB for the purpose of having substances evaluated for inclusion on or deletion from the National List. The National List petition process is implemented under § 205.607 of the NOP regulations. The current petition process (72 FR 2167, January 18, 2007) can be accessed through the NOP Web site at *http://www.ams.usda.gov/nop* . A. Executive Order 12866 This action has been determined not significant for purposes of Executive Order 12866, and therefore, has not been reviewed by the Office of Management and Budget. B. Executive Order 12988 Executive Order 12988 instructs each executive agency to adhere to certain requirements in the development of new and revised regulations in order to avoid unduly burdening the court system. This final rule is not intended to have a retroactive effect. States and local jurisdictions are preempted under the OFPA from creating programs of accreditation for private persons or State officials who want to become certifying agents of organic farms or handling operations. A governing State official would have to apply to USDA to be accredited as a certifying agent, as described in § 6514(b) of the OFPA (7 U.S.C. 6514(b)). States are also preempted under §§ 6503 through 6507 of the OFPA (7 U.S.C. 6503 through 6507) from creating certification programs to certify organic farms or handling operations unless the State programs have been submitted to, and approved by, the Secretary as meeting the requirements of the OFPA. Pursuant to section 6507(b)(2) of the OFPA (7 U.S.C. 6507(b)(2)), a State organic certification program may contain additional requirements for the production and handling of organically produced agricultural products that are produced in the State and for the certification of organic farm and handling operations located within the State under certain circumstances. Such additional requirements must:
(a)Further the purposes of the OFPA,
(b)not be inconsistent with the OFPA,
(c)not be discriminatory toward agricultural commodities organically produced in other States, and
(d)not be effective until approved by the Secretary. Pursuant to section 6519(f) of the OFPA (7 U.S.C. 6519(f)), this final rule would not alter the authority of the Secretary under the Federal Meat Inspection Act (21 U.S.C. 601 *et seq.* ), the Poultry Products Inspections Act (21 U.S.C. 451 *et seq.* ), or the Egg Products Inspection Act (21 U.S.C. 1031 *et seq.* ), concerning meat, poultry, and egg products, nor any of the authorities of the Secretary of Health and Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 *et seq.* ), nor the authority of the Administrator of the Environmental Protection Agency
(EPA)under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 *et seq.* ). Section 6520 of the OFPA (7 U.S.C. 6520) provides for the Secretary to establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary, the applicable governing State official, or a certifying agent under this title that adversely affects such person or is inconsistent with the organic certification program established under this title. The OFPA also provides that the U.S. District Court for the district in which a person is located has jurisdiction to review the Secretary's decision. C. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)(5 U.S.C. 601 *et seq.* ) requires agencies to consider the economic impact of each rule on small entities and evaluate alternatives that would accomplish the objectives of the rule without unduly burdening small entities or erecting barriers that would restrict their ability to compete in the market. The purpose is to fit regulatory actions to the scale of businesses subject to the action. Section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. Pursuant to the requirements set forth in the RFA, the Agricultural Marketing Service
(AMS)performed an economic impact analysis on small entities in the final rule published in the **Federal Register** on December 21, 2000 (65 FR 80548). The AMS has also considered the economic impact of this action on small entities. The impact on entities affected by this final rule would not be significant. This action would reauthorize certain provisions of the National List to provide small entities continued access to tools that they can use in day-to-day operations. The AMS concludes that the economic impact of this final rule, if any, would be minimal and entirely beneficial to small agricultural service firms. Accordingly, USDA certifies that this rule will not have a significant economic impact on a substantial number of small entities. Small agricultural service firms, which include producers, handlers, and accredited certifying agents, have been defined by the Small Business Administration
(SBA)(13 CFR 121.201) as those having annual receipts of less than $6,500,000 and small agricultural producers are defined as those having annual receipts of less than $750,000. This final rule would have an impact on a substantial number of small entities. Based upon USDA's Economic Research Service and AMS data compiled from 2001 to 2005, the U.S. organic industry at the end of 2005 included nearly 8,500 certified organic crop and livestock operations, plus more than 2,900 handling operations. Organic crop and livestock operations reported certified acreage totaling more than 4.05 million acres of organic farm production. Total number of organic crop and livestock operations increased by more than 18 percent from 2001 to 2005, while total certified acreage more than doubled during this time period. AMS estimates that these trends continued through 2006 and will be higher in 2007. U.S. sales of organic food and beverages have grown from $1 billion in 1990 to nearly $17 billion in 2006. Organic food sales are projected to reach $23.8 billion for 2010. The organic industry is viewed as the fastest growing sector of agriculture, currently representing nearly 3 percent of overall food and beverage sales. Since 1990, organic retail sales have historically demonstrated a growth rate between 20 to 24 percent each year including a 22 percent increase in 2006. In addition, USDA has accredited 99 certifying agents who have applied to USDA to be accredited in order to provide certification services to producers and handlers. A complete list of names and addresses of accredited certifying agents may be found on the NOP Web site, at * http:// www.ams.usda.gov/nop * . AMS believes that most of these entities would be considered small entities under the criteria established by the SBA. D. Paperwork Reduction Act Under the OFPA, no additional collection or recordkeeping requirements are imposed on the public by this final rule. Accordingly, OMB clearance is not required by section 350(h) of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, *et seq.* , or OMB's implementing regulation at 5 CFR part 1320. AMS is committed to compliance with the Government Paperwork Elimination Act (GPEA), which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. E. Received Comments on Proposed Rule AMS-TM-06-0222 AMS received 11 comments on proposed rule AMS-TM-06-0222. Comments were received from organic consumers, trade associations, organic handlers, ingredient manufacturers, and one foreign government. In general, comments were in support of the proposed rule. One commenter questioned of whether AMS had made errors in listing certain proposed substances under § 205.601 by duplicating entries. Specifically, the commenter questioned whether hydrogen peroxide, newspaper or other recycled paper, elemental sulfur, horticultural oils, and lignin sulfonate were duplicates and entered in error. In response to the concern expressed by the commenter, AMS did not list the aforementioned substances in error. The substances appear twice under § 205.601 of the National List because they have multiple uses. For example, hydrogen peroxide is authorized and listed for use under § 205.601(a) as an algicide, disinfectant, and sanitizer. It is also authorized and listed for use under § 205.601(i) as a plant disease control. A few commenters requested that certain proposed exemptions be discontinued due to the assertions that the substances were either
(1)nonsynthetic and did not require identification on the National List or
(2)were no longer necessary for organic production due to the presence of an alternative. USDA believes that these comments did not provide sufficient information/documentation to support the assertions. We recommend that the commenters submit petitions to the NOSB and have the substances of interest reviewed through the National List review process. A foreign government requested that the Secretary provide scientific justification for the use of Potassium bicarbonate, Humic acids, Lignon sulfonoate, and liquid fish products in organic production. The comment noted that such substances are not included in Annex 2 of the Codex Guidelines for Organically Produced Foods or do not meet Section 5 of the Codex Guidelines. The foreign government also requested the Secretary to explain why the NOSB did not consider removing the prohibition on the use of “Ash from manure burning” as they believe its use complies with the principles of organic production. Lastly, they requested an explanation as to why the exemption for nonsynthetic colors was proposed for removal from the National List whereas the exemption for nonsynthetic flavors was proposed for retention. In response to the comments regarding Potassium bicarbonate, Humic acids, Lignon sulfonate, and liquid fish products, these substances have been determined by the NOSB and the Secretary to meet national statutory and regulatory provisions regarding the use of substances in organic agriculture (the OFPA). In addition, the USDA does not believe that such substances are inconsistent with the Codex Guidelines. The Guidelines provide that national governments take the following criteria into consideration when making determinations on the addition of substances to their National Lists:
(1)Substances are consistent with principles of organic production as outlined in these Guidelines;
(2)use of the substance is necessary/essential for its intended use;
(3)manufacture, use and disposal of the substance does not result in, or contribute to, harmful effects on the environment;
(4)they have the lowest negative impact on human or animal health and quality of life; and
(5)approved alternatives are not available in sufficient quantity and/or quality. All of these have been criteria have been taken into consideration for determining the whether Potassium bicarbonate, Humic acids, Lignon sulfonate, and liquid fish products are compatible with organic systems of agriculture. In addition, the foreword to Annex 2 of the Codex Guidelines provides that “The following lists (Annex 2: Tables 1, 2, 3, and 4) do not attempt to be all inclusive or exclusive, or a finite regulatory tool, but rather provide advice to governments on internationally agreed inputs.” Therefore, we believe that the absence of a substance from Annex 2 of the Codex Guidelines does not mean that the substance is inconsistent with the Codex Guidelines. Instead, we believe that the Codex Guidelines are more focused on the system of review and criteria utilized by national governments to accept or reject the use of substances in organic agriculture. Our National List review system embodies the criteria of the Codex Guidelines; it also engages science, public interests/comments, and federal agency consultations that help contribute to well-informed decision-making. In response to the foreign government's comment on why the NOSB did not consider removing the prohibition on the use of “Ash from manure burning,” the NOSB, based on input from the public, did not believe the prohibition on the use of “Ash from manure burning” should be lifted. Manure ash was originally prohibited due to the environmental impact of its manufacture and its adverse impact on soil quality when compared with compost and raw manure. Lastly, with respect to the foreign government's question as to why the exemption for nonsynthetic colors was proposed for removal from the National List whereas the exemption for nonsynthetic flavors was proposed for retention, the NOSB voted not to renew the exemption to permit the use of nonsynthetic colors in organic handling because the substance category (nonsynthetic colors) had never received a formal recommendation from the NOSB to be included on the National List during the promulgation of the NOP regulations. Nonsynthetic colors were erroneously included in the final rule. As a result, the NOSB received several comments to remove the category of nonsynthetic colors from the National List, as nonsynthetic colors should be evaluated by the NOSB through the petition process. The NOSB took comments into account that raised concern about how the broad category of “nonsynthetic colors” produces difficulty in determining and verifying what colors are truly nonsynthetic versus synthetic and how such ambiguity could give rise to the use of inappropriate substances in organically handled products. In addition, the NOSB also deliberated on the historical fact that nonsynthetic colors had been permitted for use by the organic industry for over five years. As a result, commenters raised a general concern that removing nonsynthetic colors from the National List could cause a disruption in the manufacture of organic products in the organic handling sector. Taking all of these concerns into consideration, the NOSB considered that in the absence of an initial recommendation from the NOSB to permit the addition of nonsynthetic colors as a broad category that they could not continue to permit the exemption of nonsynthetic colors on § 205.605(a). As a result, the NOSB voted not to renew the exemption of nonsynthetic colors on § 205.605(a). F. Effective Date This final rule reflects recommendations submitted to the Secretary by the NOSB for the purpose of fulfilling the requirements of 7 U.S.C. 6517(e) of the OFPA. 7 U.S.C. 6517(e) requires the NOSB to review each substance on the National List within 5 years of its publication. The substances being reauthorized for use on the National List were initially authorized for use or prohibition in organic agriculture on October 21, 2002. Because these substances are critical to organic production and handling operations, producers and handlers should be able to continue to use them beyond their 5-year expiration date of October 21, 2007. Accordingly, this rule shall be effective on October 21, 2007. List of Subjects in 7 CFR Part 205 Administrative practice and procedure, Agriculture, Animals, Archives and records, Imports, Labeling, Organically produced products, Plants, Reporting and recordkeeping requirements, Seals and insignia, Soil conservation. For the reasons set forth in the preamble, 7 CFR part 205, Subpart G is amended as follows: PART 205—NATIONAL ORGANIC PROGRAM 1. The authority citation for 7 CFR part 205 continues to read as follows: Authority: 7 U.S.C. 6501-6522. 2. Section 205.603 is revised to read as follows: § 205.603 Synthetic substances allowed for use in organic livestock production. In accordance with restrictions specified in this section the following synthetic substances may be used in organic livestock production:
(a)As disinfectants, sanitizer, and medical treatments as applicable.
(1)Alcohols.
(i)Ethanol-disinfectant and sanitizer only, prohibited as a feed additive.
(ii)Isopropanol-disinfectant only.
(2)Aspirin-approved for health care use to reduce inflammation.
(3)Biologics—vaccines.
(4)Chlorhexidine—allowed for surgical procedures conducted by a veterinarian. Allowed for use as a teat dip when alternative germicidal agents and/or physical barriers have lost their effectiveness.
(5)Chlorine materials—disinfecting and sanitizing facilities and equipment. Residual chlorine levels in the water shall not exceed the maximum residual disinfectant limit under the Safe Drinking Water Act.
(i)Calcium hypochlorite.
(ii)Chlorine dioxide.
(iii)Sodium hypochlorite.
(6)Electrolytes—without antibiotics.
(7)Glucose.
(8)Glycerine—allowed as a livestock teat dip, must be produced through the hydrolysis of fats or oils.
(9)Hydrogen peroxide.
(10)Iodine.
(11)Magnesium sulfate.
(12)Oxytocin—use in postparturition therapeutic applications.
(13)Paraciticides. Ivermectin-prohibited in slaughter stock, allowed in emergency treatment for dairy and breeder stock when organic system plan-approved preventive management does not prevent infestation. Milk or milk products from a treated animal cannot be labeled as provided for in subpart D of this part for 90 days following treatment. In breeder stock, treatment cannot occur during the last third of gestation if the progeny will be sold as organic and must not be used during the lactation period for breeding stock.
(14)Phosphoric acid—allowed as an equipment cleaner, *Provided,* That, no direct contact with organically managed livestock or land occurs.
(b)As topical treatment, external parasiticide or local anesthetic as applicable.
(1)Copper sulfate.
(2)Iodine.
(3)Lidocaine—as a local anesthetic. Use requires a withdrawal period of 90 days after administering to livestock intended for slaughter and 7 days after administering to dairy animals.
(4)Lime, hydrated—as an external pest control, not permitted to cauterize physical alterations or deodorize animal wastes.
(5)Mineral oil—for topical use and as a lubricant.
(6)Procaine—as a local anesthetic, use requires a withdrawal period of 90 days after administering to livestock intended for slaughter and 7 days after administering to dairy animals.
(c)As feed supplements. None.
(d)As feed additives.
(1)DL-Methionine, DL-Methionine-hydroxy analog, and DL-Methionine-hydroxy analog calcium (CAS #59-51-8; 63-68-3; 348-67-4) for use only in organic poultry production until October 21, 2008.
(2)Trace minerals, used for enrichment or fortification when FDA approved.
(3)Vitamins, used for enrichment or fortification when FDA approved.
(e)As synthetic inert ingredients as classified by the Environmental Protection Agency (EPA), for use with nonsynthetic substances or a synthetic substances listed in this section and used as an active pesticide ingredient in accordance with any limitations on the use of such substances.
(1)EPA List 4—Inerts of Minimal Concern.
(2)[Reserved] (f)-(z) [Reserved] § 205.605 [Amended] 3. In § 205.605, substances “colors, nonsynthetic sources only” is removed from paragraph
(a)and the substance “Potassium tartrate made from tartaric acid” is removed from paragraph (b). Dated: October 10, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7-20326 Filed 10-15-07; 8:45 am] BILLING CODE 3410-02-P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 31, 32, and 150 RIN 3150-AH41 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The U.S. Nuclear Regulatory Commission
(NRC)is amending several regulations governing the distribution of byproduct material. The reporting requirements for licensees distributing byproduct material to persons exempt from licensing are being changed, obsolete provisions are being deleted, certain regulatory provisions are being clarified, and smoke detector distribution regulations are being simplified. In addition, this final rule modifies the process for transferring a generally licensed device for use under a specific license. Aspects of this rule will affect distributors of exempt byproduct material, some general licensees, and some users of exempt products. These actions are intended to make the licensing of distribution to exempt persons more effective and efficient, reduce unnecessary regulatory burden to certain general licensees, and better ensure the protection of public health and safety. DATES: *Effective Date:* This final rule is effective on December 17, 2007. FOR FURTHER INFORMATION CONTACT: Andy Imboden, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
(301)415-2327, *asi@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Background A. Introduction B. Regulatory Framework II. Discussion A. Improved Reporting of Distribution to Persons Exempt From Licensing Requirements B. NRC Licensing of the Introduction of Exempt Concentrations C. Bundling of Exempt Quantities D. Obsolete Provisions E. New Product-Specific Exemption for Smoke Detectors F. Specific Licenses and Generally Licensed Devices—Clarification III. Summary of Public Comments on the Proposed Rule A. Meaning of the Term “Byproduct Material” B. Exempt Quantity Distribution Reports C. Transfer of Generally Licensed Devices D. New Product-Specific Exemption for Smoke Detectors E. NRC—Agreement State Jurisdictional Issues F. Disposal of Exempt and Generally Licensed Devices IV. Amendments by Section V. Criminal Penalties VI. Agreement State Compatibility VII. Voluntary Consensus Standards VIII. Environmental Assessment and Finding of No Significant Environmental Impact: Availability IX. Paperwork Reduction Act Statement X. Regulatory Analysis XI. Regulatory Flexibility Certification XII. Backfit Analysis XIII. Congressional Review Act I. Background A. Introduction The Commission has authority to issue both specific and general licenses for the use of byproduct material, and also to exempt byproduct material from regulatory control under section 81 of the Atomic Energy Act of 1954, as amended (hereafter, “the Act” or the AEA). In considering its exemptions from licensing, the Commission is directed by the Act to make “a finding that the exemption of such classes or quantities of such material or such kinds of uses or users will not constitute an unreasonable risk to the common defense and security and to the health and safety of the public.” To ensure that its exemptions meet the requirements of the Act, the Commission specifies limits for the radiological properties of what is distributed to persons exempt from licensing, and carefully oversees the manufacture and distribution of the approved products and materials. As beneficial uses of byproduct material were developed and experience grew, new products intended for use by the public were invented, and the regulations were amended to accommodate their use under various exemptions from licensing. These products and materials present very low risks of significant individual doses. However, a substantial portion of the public uses these products—more than 100 million smoke detectors are in use in this country—and as a result, is routinely exposed to some ionizing radiation. Therefore, in the 1990s, the Commission conducted a systematic reevaluation of the exempt materials and products, most of which had been approved before 1970. A major part of the effort was an assessment of the potential and likely doses to workers and the public under the existing regulations governing the distribution of exempt products. Dose assessments associated with most exempt products can be found in NUREG-1717, 1 “Systematic Radiological Assessment of Exemptions for Source and Byproduct Materials,” June 2001. Generally, the systematic assessment of exemptions determined that no significant problems exist with the current uses of byproduct materials under the exemptions from licensing. Actual exposures of the public likely to occur are in line with Commission policy concerning acceptable doses from exempt products and materials. For some exempt products, there was a significant difference between potential and likely doses because the use of the exempt product is limited (or nonexistent) or significantly lower quantities are used in products than is potentially allowed under the exemption. 1 NUREG-1717 is a historical document developed using the models and methodology available in the 1990s. The NUREG provides the estimate of the radiological impacts of the various exemptions from licensing based on what was known about distribution of material under the exemptions in the early 1990s. NUREG-1717 was used as the initial basis for evaluating the regulations for exemptions from licensing requirements and determining whether those regulations adequately ensured that the health and safety of the public were protected consistent with NRC policies related to radiation protection. The agency will not use the results presented in NUREG-1717 as a sole basis for any regulatory decisions or future rulemaking without additional analysis. Copies of NUREGs may be purchased from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 37082, Washington, DC 20013-7082. Copies are also available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. A copy is also available for inspection and/or copying for a fee at the NRC public Document Room, One White Flint North, 11555 Rockville Pike, Public File Area O1-F21, Rockville, MD. The Commission is also revising a certain general license within this final rule. General licenses are provided by regulation, grant authority to a person for certain activities involving byproduct material, and are effective without the filing of an application with the Commission or the issuance of licensing documents to particular persons. Separate and distinct from either exemptions or specific licenses, general licenses are designed to be commensurate with the specific circumstances covered by each general license. However, the NRC has determined that its regulations were not clear with respect to certain transfers of generally licensed devices. This has led to inefficiencies in licensing oversight and may negatively impact public confidence. Thus, the NRC is clarifying and simplifying its regulations related to this issue. This final rule reflects the Commission's goals to make its regulations more flexible, user-friendly, and performance-based, and to improve its ability to risk-inform its regulatory program. These concepts continue to be considered in developing potential revisions to the regulatory program in the area of distribution of byproduct material to exempt persons. To make optimal use of rulemaking resources, both for the NRC and the States who must develop conforming regulations, several issues have been combined into this final rule. A proposed rule containing these amendments was published for public comment in the **Federal Register** on January 4, 2006 (71 FR 275). The public comment period closed March 20, 2006. Nine comment letters were received. The NRC has considered these comments in this final rule. B. Regulatory Framework The Commission's regulations in Part 30 contain the basic requirements for licensing of byproduct material. Part 30 includes a number of regulations that exempt the end user from licensing requirements, so-called “exemptions.” Many of these exemptions are product-specific, intended only for specific purposes which are narrowly defined by regulation. More broadly defined are the general materials exemptions, which allow the use of many radionuclides in many chemical and physical forms subject to limits on activity, and which are specified in §§ 30.14 and 30.18 for exempt concentrations and exempt quantities, respectively. The Commission's regulations also include two class exemptions—for self-luminous products and gas and aerosol detectors, in §§ 30.19 and 30.20, respectively—which cover a broad class of products not limited to certain quantities or radionuclides. Under the class exemptions, many products can be approved for use through the licensing process if the applicant demonstrates that the specific product is within the class and meets certain radiation dose criteria. Part 31 provides general licenses for the use of certain items containing byproduct material and the requirements associated with these general licenses. Part 32, Subpart A, sets out requirements for the manufacture or initial transfer (distribution) of items containing byproduct material to persons exempt from licensing requirements. Part 150 sets out regulations for all States that have entered into agreements with the Commission under subsection 274b of the Act. II. Discussion This final rule makes a number of revisions to the regulations governing the use of byproduct material under exemptions from licensing and under general license, and to the requirements for those who distribute products and materials for use under exemptions from licensing. The changes are intended to better ensure the protection of public health and safety and improve the efficiency and effectiveness of certain licensing actions. A. Improved Reporting of Distribution to Persons Exempt From Licensing Requirements The reporting and recordkeeping requirements for distributors of products containing byproduct material to persons exempt from licensing in Part 30 are being amended to improve the quality of data available to the NRC. The changes set forth in this rule have been made in such a way that there is an insignificant effect on these licensees' reporting and recordkeeping burdens. The reporting and recordkeeping requirements for these distributors are found in §§ 32.12, 32.16, 32.20, 32.25(c), and 32.29(c). Before 1983, reporting of transfers of exempt byproduct material was required on an annual basis. The NRC amended its regulations in 1983 to change the reporting requirement to once every 5 years to minimize administrative burden. The 1983 reporting regulations required that an additional materials transfer report be submitted when filing for license renewal or notifying the NRC of a decision to cease licensed activities. However, subsequent experience with the 5-year reporting frequency has shown that it does not provide the NRC with complete, accurate, or timely information on products and materials containing byproduct material distributed for use under exemptions from licensing. A 5-year reporting cycle does not produce timely information for the NRC to fully determine the products and amount of byproduct material distributed annually for exempt use. The lack of timely information limits the NRC's ability to evaluate the overall net impact of such distribution on public health and safety. Because the date of reporting for each licensee is different and the information is not necessarily reported by year, it is difficult to estimate the amount or types of exempt products containing byproduct material distributed each year or to detect emerging trends. A 5-year reporting period also negatively affects the availability of current information. The limitations of the information about the products and materials and quantities distributed for use under exemption greatly impacted the effort involved in developing the dose assessments in NUREG-1717 and contributed to uncertainties in the results. Reevaluation of the reporting requirements suggests that annual reporting may also be administratively more efficient than a 5-year cycle for both the NRC and licensees. There have been more implementation problems with the longer cycle than with annual reporting. For example, because of the long interval between reports, licensees frequently neglect to file reports in compliance with the regulations. This lapse sometimes results in the need for the NRC to request that additional information be sent so that an application for renewal or termination of license can be processed. The long interval between reports also may lead to licensee inefficiencies in collecting the data. Routine annual reporting should be more straightforward and easier for licensees to comply with than consolidating and reporting 5 years of distribution information. This final rule requires that material transfer reports covering transfers made during the calendar year be submitted annually by January 31 of the following year. In the first report made after the change, licensees are being required to submit information on transfers made since the previous report, so that there are no gaps in coverage. The requirements added in 1983 for licensees to file a special material transfer report when filing for license renewal (contained in the existing §§ 32.12, 32.16, 32.20, 32.25, and 32.29) are being deleted. Another change is being made to the same sections so that material transfer reports are required 30 days after ceasing authorized activities, rather than at the point of notifying the Commission of the decision to cease authorized activities. In addition to the lengthy period between the 5-year reports, the manner in which product information and licensee information has been submitted in the reports has not always been clear, making the data more difficult to use. This final rule modifies how information is to be provided, improving clarity by making the reporting provisions more specific. Under the revised provisions, as specified in §§ 32.12(a)(1), 32.16(a)(1), 32.20(b)(1), 32.25(c)(1), and 32.29(c)(1), the report must clearly identify the specific licensee submitting the report, including the license number. In addition, as specified in §§ 32.12(a)(2), 32.16(a)(2), 32.20(b)(2), 32.25(c)(2), and 32.29(c)(2), the report is required to reference the specific exemption provision under which the products or materials are being distributed. The current regulations require that the licensee must identify the distributed product; however, different licensees have complied with this requirement in a number of ways, some of which necessitated that the NRC obtain additional information to fully interpret what was being distributed. Licensees have frequently included model numbers in the reports, but often as the only identification of the type of product being transferred. This final rule adds the requirement to report model numbers, when applicable, as part of the required information. Other changes are being made to reduce the licensees' reporting and recordkeeping burden. Under the prior framework, licensees were required to send a copy of the transfer reports to both the NRC headquarters and the appropriate Regional office. The requirement to send a copy of the reports to the Regional offices will be removed. Instead, the information will be distributed by the NRC internally to the appropriate personnel. To make the NRC's internal document handling more efficient, the address to which reports are to be sent will contain the line, “ATTN: Document Control Desk/Exempt Distribution.” The addressee also has been changed from that specified in the proposed rule to be consistent with the recent reorganization of the NRC's materials programs. Finally, the period for which licensees must retain records, i.e., 1 year after transfers are included in a report, will be up to 4 years shorter than under the existing requirements. These factors are expected to make the reporting process more efficient and to improve the quality of the information submitted. As a result of these changes, the NRC expects to receive information on distribution to exempt persons that is more useful for evaluating both potential individual doses to the public from multiple sources and collective doses to the public from these products and materials than that provided under the previous requirements. The NRC will have a stronger basis for informing the public about these exposures. These changes also will provide a better basis for considering any future regulatory changes in this area and for allocating NRC resources. B. NRC Licensing of the Introduction of Exempt Concentrations For most exemptions from licensing in Part 30, distributors must have an NRC license even if they are in Agreement States. There are two exemptions for which this is not the case. One obsolete exemption, § 30.16, “Resins containing scandium-46 and designed for sand-consolidation in oil wells,” is being removed by this final rule, as discussed in section II.D of this document. The other exception to NRC-only licensing of distribution of exempt byproduct material is in § 30.14, “Exempt concentrations.” The exempt concentration exemption in § 30.14 is a general materials exemption, broadly defined and not limited to a particular use. The exemption allows for various practices to be evaluated on a case-by-case basis through the licensing process. Section 30.14, paragraph (c), contains an exemption from licensing by the NRC for manufacturers, processors, or producers in Agreement States if the introduction of byproduct material into their product or material is conducted by an NRC specific licensee whose license authorizes this introduction. Previously, there were provisions in the NRC's regulations that allowed Agreement State licensing of the introduction of exempt concentrations. Agreement State licensing was added in 1963, soon after the regulations governing the Agreement State program were established the previous year (10 CFR part 150 was established in 1962). At the time, the only practices being regulated under these provisions related to quality control procedures and other radiotracer activities. Byproduct material was permitted to be introduced into oil, gasoline, plastics, and similar commercial and industrial materials. Also, at the time these provisions were added, it was expected that the NRC and the Agreement States would develop a system to obtain copies of the transfer reports submitted to the different regulatory bodies by licensees so that the NRC would have national information on distribution. Such a system was never implemented. All practices involving exempt concentrations result in increased radioactivity in the products. A number of different practices have been evaluated and conducted under § 32.11, including the neutron irradiation of gemstones, silicon semiconductor materials, and luggage and cargo in explosive detection systems. These practices did not exist in the early 1960s, and involve consideration of issues including extensive national distribution. These practices involve a more complex dose evaluation than did the earlier practices, which were characterized by a single radionuclide dispersed within a product. For the case of irradiation of gemstones, the NRC has since required authorization only by an NRC license. It is important for the NRC to obtain information on all distributions of byproduct material to exempt persons in order to effectively and efficiently assess the overall impact of such distributions on the public. NRC licensing of all such distribution will facilitate this goal. Also, the concentration limits in § 30.70 do not provide the sole assurance of protection of public health and safety. The evaluation done in connection with the licensing process is also important. The previous regulatory framework allowing multiple licensing jurisdictions to have the authority to issue these licenses had the potential to result in inconsistency in the licensing process. A regulatory framework in which there is one licensing authority is inherently more efficient than a framework with multiple jurisdictions from an administrative standpoint. A sole licensing authority automatically would possess data on the nationwide amount of byproduct material introduced into products distributed to the general public. In addition, because the introduction of exempt concentrations is a rarely used exemption, NRC-only licensing would avoid a situation in which every Agreement State would have to maintain resources, regulations, and procedures to license this practice, despite the fact that it would be unlikely for any individual State to have a significant number of these licensees. This final rule requires that the entity introducing byproduct material into products and materials for use under the exempt concentration provisions must have an NRC license specifically authorizing this practice. Specifically, the final rule changes §§ 32.11 and 32.12 to compatibility category NRC. Compatibility categories and their meanings are explained in Section VI, “Agreement State Compatibility.” This change necessitates conforming amendments to related paragraphs (§§ 30.14(c), 30.14(d), 32.11, 32.13, and 150.20) so that only NRC may authorize the introduction of byproduct material into products and materials to be distributed for use under § 30.14. Consistent with the practice for other exempt byproduct material distribution, a person introducing byproduct material into products and materials for use under the exempt concentration provision may have possession and use of the byproduct material authorized by an Agreement State and a distribution license from the NRC. To accommodate this framework, § 32.11 is revised to exempt Agreement State licensees from § 30.33(a)(2) and (3), so as not to duplicate the licensee's Agreement State license conditions associated with possession and use. Currently, the only known entities licensed under § 32.11 (or equivalent Agreement State regulations) are a small number of radiotracer firms, licensed by the NRC, who introduce byproduct material into material like gas and oil, and steel companies who use sources to monitor refractory lining wear in blast furnaces. No Agreement State licensees of these types were identified by the NRC in 2002, when the States were asked to comment on the rulemaking plan, or in 2005, when the NRC was assessing potential effects of this rule. Changing the licensing of introduction of exempt concentrations to NRC-only in this regulation will allow the NRC to obtain complete national data on products and materials containing byproduct material distributed to persons exempt from licensing and regulation. In addition, because the NRC licenses all other distributions of exempt material, NRC-only licensing of introduction of exempt concentrations will be consistent with the other types of exempt distribution. Since no Agreement State licensees have been identified who introduce byproduct material into products received by persons exempt from licensing under § 30.14, there should be no impact on distributors as a result of this change. A person who introduces byproduct material into materials or products distributed to persons exempt from licensing under § 30.14 must, as a result of this rule, hold a license from the NRC under § 32.11. Under § 30.14, the byproduct material activity concentration applicable to this practice must be less than the limits established by § 30.70, “Schedule A—Exempt concentrations.” C. Bundling of Exempt Quantities In accordance with § 30.18, “Exempt quantities,” a person is exempt from the requirements for a license to the extent that the person receives, possesses, uses, transfers, owns, or acquires byproduct material in individual quantities, each of which does not exceed the applicable quantity in § 30.71, Schedule B. This exemption is being amended to explicitly prohibit the end user from combining, or “bundling” multiple sources. Commercial distributors of exempt quantities are presently prohibited from incorporating the exempt byproduct material into any manufactured or assembled commodity, product, or device by regulation (under § 32.18, “Manufacture, distribution and transfer of exempt quantities of byproduct material”). However, until this final rule, there had been no regulation prohibiting the end-user from bundling sources. The NRC became aware that some persons holding byproduct material under the general materials exemption in § 30.18 had been combining (bundling) multiple exempt quantities within an individual device that had not been evaluated or approved by the NRC. The devices were manufactured without any radioactive material, but were designed to be used with multiple exempt quantity sources of byproduct material. After becoming aware of this issue, the NRC originally determined in June 1994 that, under certain limited circumstances, the bundling of exempt sources did not present a health and safety hazard and therefore no action was taken. Later, the NRC became concerned that the number of exempt sources bundled in unlicensed devices could reach a point where a general or specific license would otherwise be required. As long as the bundled sources were considered exempt, the NRC would have no mechanism to ensure their safe possession, use, and disposal. As a result, the NRC issued Generic Letter 99-01, “Recent Nuclear Material Safety and Safeguards Decision on Bundling Exempt Quantities,” on May 3, 1999, to clarify that bundling was not appropriate under the existing regulation. This position was supported by the language in § 32.19(d)(2), which directs the distributor to provide a label or accompanying brochure with any distributed exempt quantities that includes the statement “Exempt Quantities Should Not Be Combined.” However, the NRC has since concluded that the regulations in § 30.18 should be amended to specifically prohibit bundling by the end user under the exemption. This final rule revises the exempt quantities provision in § 30.18 to explicitly prohibit combining sources to create an increased radiation level. The original basis for the quantities chosen for the exemption in § 30.18 was the more restrictive of:
(1)The quantity of material inhaled by a reference individual exposed for 1 year at the highest average concentration permitted in air for members of the general public in unrestricted areas, or
(2)for gamma emitters, the quantity of material that would produce a radiation level of 1 mR/hr at 10 cm from a point source. This basis provides reasonable assurance of protection because, under the conditions of the exemption, it is unlikely that any individual would inhale (or ingest) more than a very small fraction of any radioactive material being used or receive excessive doses of external radiation when realistic source-to-receptor distances and exposure times are assumed. Should bundling be permitted, the NRC could not assure that the exposures would not exceed the levels originally intended under the exemption. In addition, there would be the potential for other undesirable consequences, such as the disposal of devices containing multiple exempt sources through ordinary commercial waste streams or metal recycling channels resulting in inappropriate contamination of property. Because of the NRC's 1994 determination that, under certain limited circumstances, bundling of exempt sources did not present a health and safety hazard, the May 3, 1999, generic letter affirmed that the NRC did not plan to take any action regarding the devices initially produced for use with a limited number of exempt quantity sources or their users unless a radiological safety hazard were to be identified. The NRC has no indication that significant exposures are resulting or will result from the continued use of the devices evaluated in 1994, therefore this rule will allow continued exempt use of those devices distributed before 1999. This exclusion is intended to avoid imposing a regulatory burden on those persons (if any are still using the devices) who otherwise might be impacted by this clarification in the regulation who are continuing to use devices in use before the generic letter was issued. Additionally, this regulation is not intended to impact normal storage methods of the materials held under the exemption in § 30.18. D. Obsolete Provisions Some exemptions from licensing are considered obsolete in that no products are being distributed for use under the exemption. In some cases, no products covered by the exemption remain in use. In others, there are no records of any products ever having been used. Generally, this has occurred because new technologies have made the use of radioactive material unnecessary or less cost-effective. The Commission is deleting exemptions for products that are no longer being used or manufactured, or revising the regulations to restrict further distribution while allowing for the continued possession and use of previously distributed items. Obsolete exemptions in part 30 were for: automobile lock illuminators (formerly § 30.15(a)(2)), balances of precision (§ 30.15(a)(3)), automobile shift quadrants (formerly § 30.15(a)(4)), marine compasses (§ 30.15(a)(5)), thermostat dials and pointers (formerly § 30.15(a)(6)), spark gap irradiators 2 (formerly § 30.15(a)(10)), and resins containing scandium-46 for sand consolidation in oil wells (formerly § 30.16). 2 This particular exemption is for a product designed to minimize spark delay in some electrically ignited commercial fuel-oil burners, and is different than some products referred to as “spark gaps” or “spark gap tubes,” which are a category of electron tube and exempted by § 30.15(a)(8). No change is being made to § 30.15(a)(8) at this time. Of these, the exemption for resins containing scandium is the only one that could have resulted in significant doses, based on preliminary dose assessments. Because the exemption was no longer being used, the preliminary dose assessments were not refined or included in NUREG-1717. These preliminary estimates indicated a potential for exposures higher than are appropriate for materials being used under an exemption from licensing. The removal of this exemption, as a result of this final rule, provides assurance that health and safety are adequately protected from possible future exempt distribution. With the exception of resins covered by § 30.16, only the NRC has licensed distributors of these products. The primary bases for determining that products are obsolete are the NRC's records on its licensees. Industry contacts were also used to collect historical information concerning the use of the various products. For these obsolete exemptions, the specific requirements for manufacturers and initial distributors are being removed in their entirety. These include regulations for the manufacture or distribution of resins containing scandium-46 (formerly § 32.17) and the prototype test procedures for automobile lock illuminators formerly specified in § 32.40 and formerly required by § 32.14(d)(2). The NRC's research has shown that the distribution of thermostat dials or pointers, spark gap irradiators, and resins containing scandium-46 for sand consolidation in oil wells ceased so long ago that it is highly unlikely that any remain in use. Therefore, the complete removal of these exemptions is not expected to have any negative effect on any persons. In the unlikely event that a person currently possesses any of these products for which the governing regulations have been removed, this action is not intended to change the regulatory status of any products previously distributed in conformance with the provisions of the regulations applicable at the time the device was distributed: the user remains exempt. The distribution of balances of precision and marine compasses has ceased; however, some devices may still be in use. Therefore, these exemptions will not be completely removed. Instead, the regulations have been changed to limit exempt use to previously distributed products. Deleting these unnecessary and obsolete provisions will simplify the regulations. This action will also eliminate the need for the Commission to reassess the potential exposure of the public from possible future distributions of these products. Agreement State regulations will be shortened as well. Most importantly, eliminating obsolete exemptions adds assurance that future use of products in these categories will not contribute to exposures of the public. E. New Product-Specific Exemption for Smoke Detectors One of the most widely distributed products used under an exemption from licensing is the ionization chamber smoke detector. From April 1969 until this final rule, smoke detectors have been used under the class exemption for gas and aerosol detectors in § 30.20 (and equivalent regulations of the Agreement States). The Commission established this class exemption so that detectors with similar purposes could be licensed for distribution without the need for establishing many product-specific exemptions through extensive rulemaking procedures. For example, the class exemption in § 30.20 has also been successfully used to cover new chemical agent detectors. Modern ionization chamber smoke detectors have been manufactured and used for many years, with consistency in the design of products. Earlier smoke detector designs sometimes incorporated larger amounts of radioactive material than what is typical today, and in some cases incorporated other radionuclides—such as radium-226—whereas americium-241 is the only radionuclide that is widely used in these devices today. Current designs are very consistent, in that they almost always entail using 1 μCi or less of americium-241, contained in a foil, and surrounded by an ionization chamber. Potential doses from the distribution, use, handling, and disposal of these detectors have been estimated in NUREG/CR-1156, “Environmental Assessment of Ionization Chamber Smoke Detectors Containing Am-241,” November 1979, and more recently in NUREG-1717 (2001). Dose assessments have been performed in numerous license applications under the existing class exemption structure. The estimated doses under normal, routine conditions are well under the safety criterion for routine use of 5 mrem/year (5 μSv/year) whole body, and the associated individual organ limits. Because the doses from smoke detectors are well understood, and modern designs are very consistent, this rule establishes a product-specific exemption from licensing requirements for smoke detectors. This is intended to apply to ionization chamber smoke detectors containing no more than 1 μCi (37 kBq) of americium-241 in the form of a foil, and whose primary function is the protection of life and property. Based on records of currently active device designs, 3 there are 106 smoke detector models that are approved for distribution under the class exemption. Of these, 92 percent (97 out of 106) appear to qualify for the new product-specific exemption because those devices are limited to no more than the amount 1 μCi of americium-241 in the form of a foil. The new product-specific exemption for ionization chamber smoke detectors is established as § 30.15(a)(7). 4 The requirements for licensees (and applicants) to distribute these products are contained in §§ 32.14, 32.15, and 32.16, as revised by this final rule. 3 Data taken from the sealed source and device (SS&D) registry September 2006. 4 Section 30.15(a)(7) had been used before to provide an exemption for a different product. A product-specific exemption from licensing was provided in § 30.15(a)(7) for “glow lamps” in the 1960s. Later, it was determined that glow lamps should be exempted along with other types of electron tubes under § 30.15(a)(8), and § 30.15(a)(7) was removed. See 34 FR 6651 (April 18, 1969). Because § 30.15(a)(7) has not been used in such a long time, no confusion is expected from this designation for the product-specific exemption for smoke detectors. The primary difference between this new exemption and the existing class exemption in § 30.20 is that an applicant for a license to distribute smoke detectors for use under the new exemption would not be required to submit dose assessments to demonstrate that doses from the various stages of the life cycle of the product do not exceed certain values. The applicant would still be required to submit basic design information consistent with that required from applicants to distribute products for use under other product-specific exemptions, specifically for those products used under § 30.15. The specific requirements for obtaining a license to manufacture, process, produce, or initially transfer gas and aerosol detectors intended for use under the existing class exemption in § 30.20 are contained in § 32.26. Conditions of these licenses are contained in § 32.29, and include requirements for quality control, labeling, recordkeeping, and the reporting of transfers. The safety criteria (contained in §§ 32.27 and 32.28) for the existing class exemption include:
(1)Radiation dose limits for individuals from normal handling, storage, use, and disposal of these products; and
(2)radiation dose limits for individuals, in conjunction with approximate associated probabilities of occurrence, for accidents. The primary emphasis of the new requirements imposed on the applicant is to provide assurance that the byproduct material is properly contained within the product and will not be released under the most severe conditions encountered in normal use and handling. Requirements for those licensed to distribute smoke detectors to be used under the new product-specific exemption are contained in §§ 32.15 and 32.16. These regulations denote the quality assurance, labeling, recordkeeping, and reports of transfer. The labeling requirements for the existing class exemption are found in § 32.29(b), and to make the product-specific labeling requirements equivalent to those of the class exemption, minor amendments were made to § 32.15. The NRC believes that an applicant who wishes to distribute a qualifying smoke detector will find the process easier and less expensive under the new product-specific exemption than under the class exemption. Compared with the existing class exemption, under the new exemption, license applicants are not required to perform and submit dose assessments to demonstrate that doses from the various stages of the life cycle of the product do not exceed certain values. It is the NRC staff's licensing practice to issue licenses for the distribution of products to be used under a class exemption only after a sealed source and device (SS&D) review and registration of the model in the SS&D registry. Detectors to be used under the new product-specific exemption will not be required to undergo the SS&D review, and devices qualifying for a product-specific exemption may be distributed without an SS&D certificate. As a result, distributors of qualifying smoke detectors will be in a different fee category for the application and annual fees, and likely will be charged lower fees. Relevant application fees both with or without SS&D review and registration are published in § 170.31. Annual fees for licensees distributing devices both with or without SS&D registration are published in § 171.16. Although the fees vary, and future fees are difficult to project with accuracy, the fees are typically more expensive if an SS&D review and registration is needed. Consistent with the requirements of the other product-specific exemptions, the applicant for a license to distribute under the new exemption is required to submit basic design information. However, compared with the process established for the existing class exemption, under the new exemption a sealed source and device certificate need not be obtained (or maintained) to distribute smoke detectors that meet the requirements of the new exemption. The new product-specific exemption allows licensees a new option for distributing smoke detectors to the public that is less costly. It is not compulsory for all smoke detectors to be manufactured and distributed for use only under the new product-specific exemption. Furthermore, this final rule does not modify the existing regulation exempting users of smoke detectors from licensing (§ 30.20). A smoke detector manufacturer that produces devices that do not conform with the product-specific exemption (for example, if the devices contain 4 μCi, or another radionuclide such as nickel-63) may distribute them under the broader class exemption for gas and aerosol detectors. The net effect of this new product-specific exemption is that the regulatory burden and fees are reduced for applicants for licenses to distribute qualifying ionizing chamber smoke detectors. Licensees who currently distribute qualifying smoke detectors (1 μCi or less of americium-241 in the form of a foil) for use under the class exemption, may also realize benefits if they amend their licenses to distribute the devices under the new product-specific exemption. Additionally, the change is expected to reduce the NRC staff time needed to review these applications, because an evaluation of dose assessments is no longer necessary. Given the wide distribution these products have already experienced, this change is not expected to affect the overall number of smoke detectors distributed in the future. Thus, this change improves the efficiency of the regulatory process, without any impacts to the health and safety of the public or the environment. F. Specific Licenses and Generally Licensed Devices—Clarification A device possessed and used under § 31.5 is a generally licensed device. An entity who holds a specific license may use and possess such a device under the authority of the general license provided by regulation, or, if certain requirements are met, the entity may transfer the device to the authority provided by its specific license. This final rule amends § 31.5 to explicitly state the actions necessary to successfully perform this type of transfer, and eliminates the need to obtain prior NRC approval. Following a revision to the general license provided by § 31.5 (65 FR 79161; December 18, 2000) that became effective in February 2001, an increased number of specific licensees transferred their authorization to possess and use some devices under the § 31.5 general license to the authority provided by their specific license. Licensees were motivated to transfer their devices in this way primarily to avoid the newly established registration fees. There are also other, non-fee-related reasons why one would make such a transfer. It should be noted that this final rule does not compel eligible licensees to make this type of transfer. There has been some confusion about the licensee's responsibilities in enacting such a transfer. A necessary condition for this type of transfer is that the licensee must verify that the conditions of the specific license authorize the possession and use of the device. If the specific license does not authorize the possession of the particular radionuclides or activity, the licensee is unable to transfer a generally licensed device to its specific license. For example, the generally licensed device to be transferred may contain americium-241, but the specific license does not authorize the possession of transuranic radionuclides (americium is a transuranic element). If this is the case, the specific licensee must apply for an appropriate amendment to the specific license before transferring the device. A major issue when transferring a generally licensed device to the authority of a specific license has been the label of the device. The general license in § 31.5, under paragraph (c)(1), requires that the original label on the device be maintained. This label, among other things, indicates the regulatory status (as a generally licensed device), provides safety instructions, and may refer to operating and service manuals. Retaining the label is problematic because, once the device is transferred to the authority of a specific license, instructions to the general licensee may be inappropriate. For example, instructions may indicate that the licensee may not conduct its own leak tests, which is an unnecessary restriction once the device is transferred to the authority of a specific license. Another problem with the label of the transferred device is that the labels of all devices held by a specific licensee must conform with § 20.1904, “Labeling containers,” whereas, before the transfer, these requirements were not applicable. It is not acceptable for a device being held under a specific license to be labeled in accordance with § 32.51(a)(3); i.e., a general license label. Thus, if a device is transferred from generally licensed status to the authority of a specific license, the licensee must consider what changes should be made to the labeling and how those changes are to be made. The licensee is responsible for ensuring that the label of the transferred device meets the content requirements of § 20.1904, that any inappropriate restrictions that may have been on the label are resolved, and that any changes to the label are done in a manner that does not damage the device. The licensee must also ensure that the information on the manufacturer, model number, and serial number is retained on the labeling. Persons who have previously transferred generally licensed devices to the authority of their specific license should review the status of the label of the device, to ensure compliance with § 20.1904 and to resolve any inappropriate restrictions that may have been left on the label. Another issue when transferring a generally licensed device to the authority of a specific license concerns maintenance. A specific licensee who plans to conduct its own maintenance activities, including required leak tests, must have information concerning the appropriate methods particular to the device. This information may have been provided if the device had been distributed as specifically licensed. However, because the device was generally licensed and, in some cases, the end user was not permitted to perform certain maintenance, this information may not have been provided when the device was obtained. A specific licensee who transfers a generally licensed device to the authority of its specific license and does not already have this information, could contact the manufacturer, a service provider, another knowledgeable licensee, or a regulatory agency to obtain information on the proper procedures for conducting leak testing and other required maintenance activities. Finally, this final rule simplifies reporting requirements for this type of transfer. Before this rulemaking, two reports were required: A report before the transfer (requesting permission), and a report concurrent with the transfer (reporting the transfer). The NRC believes that there is little benefit in requesting written approval from the NRC before the transfer; therefore, the regulations have been revised. To maintain the integrity of the general license tracking systems operated by the NRC, any transfer of a generally licensed device must be reported, but two reports are not needed. Therefore, § 31.5(c)(8)(iii) is amended so that the pre-transfer report (requesting permission) is no longer required. To keep the appropriate tracking systems up-to-date, it is still necessary for the licensee to file a transfer report per § 31.5(c)(8)(ii). III. Summary of Public Comments on the Proposed Rule The proposed rule on Exemptions from Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements, was published on January 4, 2006 (71 FR 275). The comment period ended on March 20, 2006. Nine letters were received commenting on the proposed rule. One comment letter was submitted by a smoke detector manufacturer, and another by a manufacturer of sources used in smoke detectors. One comment was received from the Council on Radionuclides and Radiopharmaceuticals, Inc. (CORAR), representing manufacturers and distributors of exempt quantities of byproduct material. One comment was received from the Radiation Safety Officer
(RSO)of a university. One comment was received from a member of the public who did not identify an affiliation. Officials from two Agreement States (Alabama and Texas) and staff from two others (Illinois and Georgia) also submitted comments. A discussion of the comments and the NRC's responses follow. A. Meaning of the Term “Byproduct Materia” *Comment:* One commenter noted that the Energy Policy Act of 2005 changed the definition of “byproduct material” in the AEA. It was suggested that the NRC explain how “byproduct material” is defined in this rule. *Response:* The definition of byproduct material that applies to this rule is in 10 CFR 30.4, which currently reads: “Byproduct material means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.” As noted in the comment, the Energy Policy Act of 2005 (EPAct) expanded and revised the definition of byproduct material under the NRC's jurisdiction by incorporating certain naturally occurring and accelerator-produced radioactive material. The EPAct required that the NRC promulgate revisions to its regulations to incorporate the new byproduct material. The NRC published its proposed rule on July 28, 2006 (71 FR 42952) in response to this requirement, to revise its regulations and revise the definition of byproduct material in certain of its regulations, including 10 CFR 30.4. The final rule was published October 1, 2007 (72 FR 55863). When the revised definition becomes effective November 30, 2007, the new definition will apply. Distributors of the newly defined byproduct material will be regulated by the NRC, and therefore required to follow the regulations as amended by this final rule. However, as these distributors are already licensed by the NRC for distribution of other radioactive materials, the impact of this final rule on these distributors will be no greater than the impact on other NRC exempt distribution licensees. B. Exempt Quantity Distribution Reports *Comment:* One commenter submitted a comment on the NRC's new reporting requirements in § 32.20(c) for distributors and manufacturers of materials distributed to persons exempt under § 30.18, “Exempt quantities.” The commenter noted that a requirement for a report that indicates the chemical and physical form of each exempt quantity could be excessively burdensome. The commenter suggested that the NRC should specify the names that may be used by licensees to describe commonly distributed materials. *Response:* The final rule was changed as a result of this comment. The NRC has evaluated the impact of exempt quantities on the public health and safety and the environment to weigh the effectiveness and appropriateness of its regulatory program for this exemption. The NRC does this for all exempt products and materials. During the last evaluation of exempt distribution, it was believed that knowledge of both the chemical and physical form of material distributed as “exempt quantities” would provide information that could increase the NRC's ability to estimate the impacts of this exemption on public health and safety and the environment. The proposed rule language, therefore, required that distributors of exempt quantities of radioactive material must report, among other things, both the chemical and physical form of the radioactive material. However, the NRC agrees that providing chemical information would be excessively burdensome for licensees, and that the NRC can perform the necessary evaluations based on the information provided on physical form. The Commission has changed the final rule language to address the commenter's concerns. The language in the final rule retains the annual reporting requirement for exempt quantity distribution and the requirement to report physical form. However, the NRC will not require reporting of the chemical form. The NRC notes that while terms such as “solid,” “liquid,” or “gas” are appropriate to use for reporting the physical form of exempt quantities, other descriptive terms such as “metal” or “powder” are also acceptable. The NRC does not intend to restrict licensees to use of particular terms; doing so may impose additional burden in reporting. If a licensee has made a substantial number of distributions, and has documentation that more quickly and easily provides essentially the same information and allows the NRC to determine the physical form of the distributed material, a licensee may choose to report using its own terminology instead (e.g., “solution” instead of “liquid” or “sealed source” instead of “solid”). However, terms that are ambiguous (e.g., “calibration standard,” or “radiolabeled research compounds”) do not specify the physical form and are not acceptable for reporting exempt quantity distribution. Reports covering any time period before the effective date of this final rule are only required to contain data on the total quantity of each radionuclide distributed. Although a report of physical form would be useful for historical distributions, there is no requirement to report the physical form before the effective date of this rule. This was clarified in the final rule text. C. Transfer of Generally Licensed Devices *Comment:* Some commenters noted that the rule language as proposed in § 31.5(c)(8)(iii)(C) would have required that the licensee obtain maintenance information from the manufacturer to transfer the device to its specific license, which would be impossible if the manufacturer is no longer in business or otherwise unwilling to provide maintenance information. *Response:* The final rule was changed in response to this comment. The intent in the proposed rule was that a specific licensee is responsible for maintenance activities, but the maintenance instructions may not have been provided to the licensee when the device was first purchased. Although the specific licensee must have sufficient expertise to conduct adequate maintenance activities, in some cases there are procedures developed by the manufacturer (and reviewed and approved by the NRC or Agreement State) that are unique to the device. There is no universal requirement for manufacturers to provide this information to general licensees, because general licensees are only allowed to perform maintenance activities in limited circumstances, and at the time of distribution it was not known that the device would eventually be used under the authority of a specific license. Therefore, it was proposed that a licensee must obtain maintenance information that would be applicable under the specific license. The language in the proposed rule could have been interpreted to limit licensees to obtaining this information directly from the device manufacturer (or initial transferor). This would be problematic if the manufacturer were no longer in business. The final rule has been changed to clarify that the needed information on maintenance is that originated by the manufacturer (or initial distributor), and that it need not be obtained directly. The information may be obtained from not only the device manufacturer, but a service provider, a regulatory agency, or another knowledgeable licensee. The NRC believes that service providers, in particular, should have the maintenance information readily available, and there should be an established relationship between a service provider and the general licensee for the devices in question. The important goal is that the specific licensee is aware of any device-specific maintenance instructions important to safety. *Comment:* Several commenters noted potential problems with the proposed labeling procedure in § 31.5(c)(8)(iii)(B) that would require a licensee to remove and replace the label before the transfer of a generally licensed device to the authority of a specific license. One commenter indicated that the proposed requirement may conflict with the requirement in § 31.5(c)(1) that prohibits a general licensee from removing the label, and it was suggested that a specifically licensed third party would be needed to complete the transaction. It was also noted that the NRC's labeling requirements could lead to the loss of additional safety warnings or leak testing instructions from generally licensed devices, or that the provenance of the device would be lost. Other commenters identified potential problems, such as damage to the device that could occur during the process of removing the old label. One commenter recommended that the NRC consider that when a generally licensed device is added to a specific license, the conditions of the specific license supersede the general license requirements. For instance, a specific license condition specifying leak tests would supersede the general license label limitations. *Response:* The final rule was changed in response to this comment. The proposed rule addressed the labeling procedure that would accompany the transfer of a generally licensed device to the authority of a specific license to address the case where an old label was unnecessarily restrictive on the end user, or where the old label would not comply with the requirements of § 20.1904, or any circumstance where the old label would conflict with the device's new status and the licensee's new responsibilities, such as if the original label of the device continued to indicate that it was a generally licensed device. In addition, as noted by one commenter, some labels on generally licensed devices contain stipulations that restrict actions by the end user, such as indications that the licensee shall not conduct its own leak tests. This prohibition would be in force as long as the device is held under a general license; however, once the device is transferred to the authority of a specific license, this restriction would be inappropriate. The intent of the labeling change in the proposed rule was not to remove safety information, but to remove inappropriate restrictions that may be on some labels and to reflect the change in status from generally licensed to specifically licensed. As noted in one comment, the conditions of the specific license supercede the requirements of the general license once the device is transferred to the authority of the specific license. To address this and other potential conflicts, the NRC proposed that the licensee remove the existing label and replace it with another. The final rule has been changed to allow licensees several acceptable options—including those suggested by commenters—for the labeling procedure that will accompany the transfer of a generally licensed device to the authority of a specific license. As originally stated in the proposed rule, the old label may be removed entirely. However, the final rule provides an additional option that the old label may be covered or altered in whole or in part. Alternatively, the specific licensee may leave the old label on the device and conspicuously affix a new label, so long as the resulting arrangement makes it clear (to an inspector, for example) that the old label is superceded. If a licensee believes that the process of removing the old label would affect the integrity of a device's shielding or would otherwise damage the device, the licensee must use another method to comply with the labeling requirement, such as covering the old label. The final rule has also been changed to specifically identify the information that must be on a device that is transferred from generally licensed to specifically licensed status. The final rule has been clarified to require that the device's manufacturer, model number, and serial number be retained. In any case, the new label must comply with the requirements for all containers of specifically licensed radioactive material (in this case, a device) in § 20.1904, and also include the device's manufacturer, model number, and serial number. The requirement that the device be labeled in accordance with § 20.1904 is not a new requirement, as that section applies to all devices held under the authority of a specific license; however, the requirement has been clarified in the final rule. The device's manufacturer, model number, and serial number is information that is not required by § 20.1904; however, the final rule clarifies that this information must be retained for tracking purposes and so that the provenance, or origin, of the device is not lost. Concerning the comment that an existing regulation (§ 31.5(c)(1)) prohibits a general licensee from removing a label, the regulation would no longer apply once the device is transferred to the authority of a specific license. It is also not necessary for a specifically licensed third party (such as a vendor) to change the label to accompany the change in status; a specific licensee who possesses the device is authorized to change the label. *Comment:* A commenter objected to removing the requirement in § 31.5(c)(iii) for prior approval for this category of transfer, as prior approval would ensure appropriate tracking and licensing of the device. *Response:* The NRC disagrees with this comment and the final rule is not changed. As part of transferring the device to the specific license, the licensee must still report the transfer under the existing requirement in § 31.5(c)(8)(ii). The NRC believes this report is sufficient to allow for appropriate tracking and licensing and that prior approval of the transfer is unnecessary. *Comment:* Some commenters suggested additional regulatory provisions with regard to the transfer of a generally licensed device to the authority of a specific license. One commenter suggested that, along with the proposed simplified mechanism for transferring a generally licensed device to a specific license (GL to SL transfer), there should also be a mechanism for transferring a device from a specific licensee back to generally licensed status (SL to GL transfer). A separate suggestion was made that a requirement be added to § 31.5(c)(8)(iii)(C) requiring the general licensee to initiate a program to leak test the device at a frequency specified under conditions of the specific license. A third suggestion was made that the NRC “consider” that when a generally licensed device is added to a specific license, the conditions of the specific license, such as the leak test condition, would supercede the conditions in the general license. *Response:* No change has been made to the final rule as a result of these comments. This final rule only affects the transfer of generally licensed devices to specifically licensed status, and does not address the transfer of a device from a specific license back to its original status as generally licensed. The general license in § 31.5 only applies to devices received from a § 32.51 specific licensee (or Agreement State equivalent) to ensure that the device may be used by persons with no radiological training, and for tracking purposes. With regard to the suggestion to add a provision to § 31.5(c) to require the general licensee to leak test the device at a frequency specified under conditions of a specific license, once the device is transferred to the authority of a specific license, the regulations in Part 31 do not apply, because the device is no longer generally licensed. Therefore, any rule change to this part will be ineffective in governing licensee actions after the device is transferred. No rule change is necessary, moreover, because the commenter's concerns that the device continue to be leak tested in accordance with the terms of the specific license will be addressed on the specific license following the transfer. The NRC recognizes that the conditions of the specific license supersede the requirements of the general license once the device is transferred to the authority of the specific license. The rule language does not need to be changed to ensure that conditions of the specific license supersede the conditions in the general license. *Comment:* One commenter stated that the proposed revision to § 31.5(c)(8)(iii) “is requiring additional regulation not required of general licensees who do not possess a specific license.” The commenter indicated that an alternative approach might be “to separately list GL products in a distinct license condition on specific licenses.” The commenter warned that the proposed rule would ignore the “safety properties of GL products and abandon their inherent safety features and relegate them to the same requirements imposed on specifically licensed products.” *Response:* No changes to the final rule are being made as a result of these comments. This regulation provides licensees who hold both a generally licensed device and a specific license the option to more easily transfer a generally licensed device to the authority of a specific license. This transfer is not mandatory for all specific licensees who possess a generally licensed device. No additional regulation is being imposed on general licensees who do not possess a specific license, and no additional regulation is being imposed on general licensees who do possess a specific license, unless the licensee chooses to transfer its generally licensed devices to the authority of its specific license. This final rule does not require specific licensees to list generally licensed devices on their specific licenses. Requiring this would negate a characteristic feature of the general license, which is valid without the issuance of a licensing document to a particular person. The commenter's approach—listing generally licensed devices held by a specific license as a license condition on a specific license—may lead to ambiguities with respect to the responsibilities of the licensee with regard to recordkeeping (such as device tracking). For example, generally licensed devices under § 31.5 are tracked by the NRC, but cease to be tracked once the device is transferred to the authority of a specific license. A misinterpretation of the regulatory status of the device may result in errors in the tracking systems. Additionally, when the generally licensed device is disposed of or otherwise transferred to a specific licensee, there would be extra costs associated in amending the license. Therefore, the NRC does not believe that generally licensed devices should be required to be listed on specific licensing documents. *Comment:* One commenter stated that “the transfer of the GL device to an end-user, in this case a specific licensee, would need to be reported, but not because it is being transferred as a specifically licensed device; it is not, it is still a GL device.” *Response:* The NRC agrees that the transfer should be reported, under § 31.5(c)(8)(iii)(D). However, the NRC disagrees with the commenter's statement that the transferred device remains under a general license. Although a device that may be used under a general license may also be used under a specific license if the specific license authorizes the byproduct material, there should be a distinction as to which license is providing the authority for the possession and use of each device. This distinction determines which requirements apply to the licensee, such as reporting and maintenance. D. New Product-Specific Exemption for Smoke Detectors *Comment:* Two commenters were concerned about the potential impact of a literal interpretation of the language in the proposed rule exempting smoke detectors. The proposed new product-specific exemption in § 30.15(a)(7) was limited to smoke detectors containing no more than 1 μCi of americium-241. Both commenters noted that, due to small variations caused by the manufacturing process, it is impractical (if not impossible) to produce smoke detectors that always contain no more than 1 μCi of americium-241. It was noted that this small variation is acceptable in current licensing practices and does not present any health, safety, or security risk. These commenters suggested that a statement should be added to the final rule allowing for nominal variation in the activity level of the source incorporated into the smoke detector. *Response:* No change to the final rule is being made as a result of these comments. The product-specific exemption for smoke detectors is intended to apply to detectors that contain sources in which the expected activity is 1 μCi of americium-241 or less. This expected quantity is also the activity that is put on the label. The NRC believes that variation is to be expected as a result of the manufacturing process, and that a degree of variation is acceptable. Considerations for ensuring the quality of products and the adequacy of measurement in various circumstances are separate from the stated activity, or quantity, limit for an exemption. The interpretation of the quantity limit of 1 μCi is only that the expected, labeled quantity or activity may not exceed this limit. This is consistent with the historical interpretation of existing quantity limits in other exemptions. It should be noted that this is different from the stated “maximum activity” on the SS&D registration certificate. For a product-specific exemption, a SS&D certificate is not needed, and other information besides the dose assessment are available to ensure that the device may be safely used under an exemption from licensing. *Comment:* One commenter urged revision of the appropriate guidance document (NUREG-1556, Vol. 3, Rev. 1) as soon as possible to reflect changes to methods for approving sources and devices. *Response:* NUREG-1556, Vol. 3, Rev. 1 addresses the procedures for SS&Ds, and will not be updated as a result of this rule because the SS&D procedures are not being amended. However, NUREG-1556, Vol. 8 provides program-specific guidance about exempt distribution products. Interim staff guidance to supplement NUREG-1556, Vol. 8 is to be provided to reflect the revisions made by this final rule. The changes to the guidance needed as a result of this rulemaking are relatively minor and will be provided in the interim staff guidance to eliminate inconsistencies with the revised regulations. E. NRC—Agreement State Jurisdictional Issues *Comment:* One commenter stated that it would be helpful to clarify why the regulations for exempt quantities refer to equivalent Agreement State regulations. *Response:* No change to the final rule is needed as a result of this comment. The final rule refers to Agreement State regulations because different agencies may have jurisdiction before, during, and after the distribution of exempt quantities of byproduct material. For example, prior to distribution, the possession of byproduct material requires a license, either by the NRC or an Agreement State depending on which regulatory body has jurisdiction. The commercial distribution of exempt quantities of byproduct material must be in accordance with a license issued by the NRC under § 32.18, since the NRC has the sole authority for authorizing commercial transfers. After the transfer, the recipient of the byproduct material is exempt from regulatory requirements either from those of the NRC or an Agreement State, depending on the location of the recipient. *Comment:* One commenter raised objections to the NRC being the only licensing authority for exempt concentrations in § 30.14 and objected to reclassification of §§ 32.11 and 32.12 as Compatibility Category NRC. The commenter reasoned that organizations of State regulators, such as the Organization of Agreement States and the Conference of Radiation Control Program Directors could be used to facilitate data exchanges on exempt concentration distribution nationwide, and that the change to NRC-only licensing would not be justified on the basis of common defense and security. *Response:* The NRC disagrees with this comment and the final rule retains the proposed language and compatibility category. All distribution of byproduct material to exempt persons is presently solely licensed by the NRC, with the only exception being provided in § 30.14, “Exempt concentrations.” (Previously, § 30.16, which is now being removed, had also provided for Agreement State licensing.) This discrepancy in the Commission's regulations was identified as a result of the NRC's systematic evaluation of exemptions performed in the 1990's, and has been discussed with the Agreement States since that time. The distribution of radioactive materials to the public for uncontrolled use—which includes exempt concentrations—and the release of these materials into the environment involve questions of national policy that are best addressed by the Commission. The NRC has determined that this discrepancy is not warranted. The regulations controlling the introduction of radioactive material into products subsequently distributed under the exempt concentration exemption (§ 30.14) is the NRC's oldest exemption for byproduct material. It predates the Agreement State program. As the commenter notes, organizations of State regulators exist now, and could be used to facilitate the exchange of data on exempt concentrations. However, as explained below, the lack of a data exchange is not the only factor that the NRC considered in determining that exempt concentration distribution should be changed to NRC-only licensing. There is no administrative benefit in providing authority to States to license exempt concentrations of byproduct material, and in fact, such licensing would likely be very costly to maintain. No Agreement State has identified any licensees authorized to introduce byproduct material into materials or products that are exempt from licensing under this regulation. The only businesses nationwide that are involved in this practice are already NRC licensees. Continuing with the current multi-jurisdictional structure would require States to train qualified license reviewers, update and maintain regulations, produce guidance documents, and develop a data exchange process among the States and with the NRC, which would involve an unnecessary use of resources, considering that there are no licensees in State jurisdictions. NRC-only licensing avoids these complications and costs, and a transition to NRC-only licensing at this time will have no regulatory impact on any business. It is administratively more efficient for there to be one licensing authority
(NRC)rather than for each jurisdiction to maintain a licensing capability that is little used and unlike any other programmatic function. Among other reasons, the Commission has retained regulatory authority for exempt distribution (consumer products) to remove any possibility that population exposure from these products would be inconsistent with Commission policies. The Commission has long retained the position that the distribution of radioactive materials to the general public for uncontrolled use and the eventual disposition of these materials involve questions of national policy that are best addressed by the NRC (March 16, 1965; 30 FR 3462). The NRC's retaining sole licensing authority over the distribution of exempt byproduct material does not have to be justified under common defense and security. F. Disposal of Exempt and Generally Licensed Devices *Comment:* One commenter stated that disposal costs should be factored into the original cost of the exempt devices, and that a mechanism should be established to return exempt devices to a vendor for recycling or disposal. This commenter also stated that disposal costs should be factored into the original costs of generally licensed devices. *Response:* The issue of disposal costs is outside the scope of this rulemaking. IV. Amendments by Section 10 CFR 30.14(c)—Revises the exemption for manufacturers, processors, and producers to require that the licensed entity must be an NRC licensee, and clarifies that the exemption applies in all jurisdictions. 10 CFR 30.14(d)—Revises the prohibition on introducing exempt concentrations to apply to all persons except those authorized by an NRC license. 10 CFR 30.15(a)—Removes obsolete exemptions (automobile lock illuminators, automobile shift indicators, thermostat dials and pointers, and spark gap irradiators). Limits certain exemptions (balances of precision and marine compasses and other navigational instruments) to previously distributed products. Creates a new exemption for smoke detectors containing no more than 1 μCi of americium-241 in a foil. 10 CFR 30.16—Removes the exemption for resins containing scandium-46 for sand consolidation in oil wells. 10 CFR 30.18—Revises the exempt quantities provision by adding an explicit prohibition against combining sources to create an increased radiation level. 10 CFR 31.5(c)(8)(ii)—Resolves an ambiguity with respect to addressing reports submitted to the NRC. Changed to reflect a reorganization within the NRC. 10 CFR 31.5(c)(8)(iii)—Revises transfer provisions to explicitly state actions necessary for transfer of devices from generally licensed status to specifically licensed status. Removes the need for written NRC approval before transfer in that case. 10 CFR 32.8—Removes § 32.17 from the list of information collection requirements. 10 CFR 32.11(a)—Exempts Agreement State licensees from the requirements of § 30.33(a)(2) and (3). 10 CFR 32.12—Revises the reporting period for material transfers to annual. Revises the content of the reports and removes the requirement to send copies to the Regional offices. Changed to reflect a reorganization within the NRC. 10 CFR 32.13—Prohibits the introduction of exempt concentrations by all persons except for those authorized by an NRC license. 10 CFR 32.14(d)—Removes reference to deleted § 32.40. 10 CFR 32.15(d)—Adds labeling requirements for smoke detectors distributed for use under the new product-specific exemption in § 30.15. 10 CFR 32.16—Revises the reporting period for material transfers to annual. Makes minor changes to the content of the reports and removes the requirement to send copies to the Regional offices. Removes reference to deleted § 32.17. Changed to reflect a reorganization within the NRC. 10 CFR 32.17—Removes obsolete distributor requirements for resins containing scandium-46 for sand consolidation in oil wells. 10 CFR 32.20—Revises the reporting period for material transfers to annual. Makes minor changes to the content of the reports and removes the requirement to send copies to the Regional offices. Changed to reflect a reorganization within the NRC. 10 CFR 32.25(c)—Revises the reporting period for material transfers to annual. Makes minor changes to the content of the reports and removes the requirement to send copies to the Regional offices. Changed to reflect a reorganization within the NRC. 10 CFR 32.29(c)—Revises the reporting period for material transfers to annual. Makes minor changes to the content of the reports and removes the requirement to send copies to the Regional offices. Changed to reflect a reorganization within the NRC. 10 CFR 32.40—Removes the prototype test requirements for automobile lock illuminators. 10 CFR 150.20(b)—Removes the provision for transfers to persons exempt under § 30.14 from the reciprocity provision for Agreement State licensees, and the reference to § 30.14(d). V. Criminal Penalties For the purpose of Section 223 of the Atomic Energy Act of 1954, as amended, the Commission is issuing the final rule to amend 10 CFR Parts 30, 31, 32, and 150 under one or more of Sections 161b, 161i, or 161o of the AEA. Willful violations of the rule will be subject to criminal enforcement. VI. Agreement State Compatibility In accordance with the “Policy Statement on Adequacy and Compatibility of Agreement State Programs” approved by the Commission on June 30, 1997 (62 FR 46517), NRC program elements (including regulations) are placed into Compatibility Categories A, B, C, D, or NRC, or Adequacy Category H&S. This rule does not amend any regulation classified as compatibility category A or adequacy category H&S. Compatibility Category B are those program elements that apply to activities that have direct and significant effects in multiple jurisdictions. An Agreement State should adopt Category B program elements in an essentially identical manner. Compatibility Category C are those program elements that do not meet the criteria of Categories A or B, but the essential objectives of which an Agreement State should adopt to avoid conflict, duplication, gaps, or other conditions that would jeopardize an orderly pattern in the regulation of agreement material on a national basis. An Agreement State should adopt the essential objectives of the Category C program elements. Compatibility Category D are those program elements that do not meet any of the criteria of Category A, B, or C, and, thus, do not need to be adopted by Agreement States for purposes of compatibility. Compatibility Category NRC are those program elements that address areas of regulation that cannot be relinquished to the Agreement States under the AEA or provisions of 10 CFR. These program elements should not be adopted by the Agreement States. Despite being amended in terms of substance, the compatibility category will not change for many regulations as a result of this final rule. Sections 32.14, 32.15, 32.16, 32.20, 32.25, 32.29, and 32.40 will continue to be classified as Category NRC. Amendments made by this rule to regulations in Parts 30 and 31, as well as § 32.17, will continue to be classified as Category B. Sections 32.13 and 150.20 will continue to be classified as Category C. Section 32.8 will continue to be classified as Category D. Consistent with what was proposed, § 32.11 is changed from Categories C/B to Category NRC and § 32.12 is changed from Category C to Category NRC. VII. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. This action does not constitute the establishment of a standard that establishes generally applicable requirements. VIII. Environmental Assessment and Finding of No Significant Environmental Impact: Availability The Commission has determined under the National Environmental Policy Act of 1969, as amended, and the Commission's regulations in Subpart A of 10 CFR Part 51, that this rule is not a major Federal action significantly affecting the quality of the human environment and therefore an environmental impact statement is not required. The Commission has prepared an environmental assessment for this final rule and has made a finding of no significant impact as a result of this final rule. Many of the individual amendments in this rule belong to a category of actions which the Commission, by §§ 51.22(c)(1) and 51.22(c)(3)(ii) and (iii), has declared to be a categorical exclusion. The amendments to §§ 30.14, 32.11, and 32.13 related to NRC licensing of the introduction of exempt concentrations do not change any provision that regulates the physical nature of the products. The amendments to §§ 30.15, 30.16, 32.17, and 32.40 related to deleting obsolete provisions do not constitute a significant change to current practices. Similarly, the amendment to § 30.18 which prohibits combining exempt quantities does not change current practices. The new product specific exemption for smoke detectors in § 30.15(a)(7) does not change any provision that regulates the physical nature of the products and is not likely to affect any environmental resources. The detailed environmental assessment supporting this final rule is available for public inspection at the NRC Public Document Room, O-1F23, 11555 Rockville Pike, Rockville, MD. Single copies of the Environmental Assessment may be obtained from Andy Imboden, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission,
(301)415-2327, *asi@nrc.gov* . IX. Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). This final rule makes minor revisions to the burden on existing and future licensees for reporting and recordkeeping under §§ 31.5, 32.12, 32.16, 32.20, 32.25(c), and 32.29(c). New licensees under § 32.14 will find their burden reduced as compared to the existing licensing under § 32.26. The public burden for this information collection is estimated to average 1 hour per request. Because the burden for this information collection is insignificant, Office of Management and Budget
(OMB)clearance is not required. Existing requirements were approved by OMB under numbers 3150-0001, 3150-0014, 3150-0016, and 3150-0120. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. X. Regulatory Analysis The Commission has prepared a regulatory analysis on this regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission. The analysis is available for inspection in the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of the regulatory analysis are available from Andy Imboden, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
(301)415-2327, *asi@nrc.gov* . XI. Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the Commission certifies that this rule does not have a significant economic impact on a substantial number of small entities. The majority of companies that are affected by this rule do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act or the size standards established by the NRC in 10 CFR 2.810. XII. Backfit Analysis The NRC has determined that the backfit rule (§§ 50.109, 70.76, 72.62, or 76.76) does not apply to this final rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Chapter 1. Therefore, a backfit analysis is not required. XIII. Congressional Review Act In accordance with the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. Lists of Subjects 10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements. 10 CFR Part 31 Byproduct material, Criminal penalties, Labeling, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment. 10 CFR Part 32 Byproduct material, Criminal penalties, Labeling, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements. 10 CFR Part 150 Criminal penalties, Hazardous materials transportation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR Parts 30, 31, 32, and 150. PART 30—RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 1 . The authority citation for part 30 continues to read as follows: Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111). Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). 2 . In § 30.14, paragraphs
(c)and
(d)are revised to read as follows: § 30.14 Exempt concentrations.
(c)A manufacturer, processor, or producer of a product or material is exempt from the requirements for a license set forth in section 81 of the Act and from the regulations in this part and parts 31 through 36 and 39 of this chapter to the extent that this person transfers byproduct material contained in a product or material in concentrations not in excess of those specified in § 30.70 and introduced into the product or material by a licensee holding a specific license issued by the Commission expressly authorizing such introduction. This exemption does not apply to the transfer of byproduct material contained in any food, beverage, cosmetic, drug, or other commodity or product designed for ingestion or inhalation by, or application to, a human being.
(d)No person may introduce byproduct material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under this section or equivalent regulations of an Agreement State, except in accordance with a license issued under § 32.11 of this chapter. 3. In § 30.15, paragraphs (a)(2), (a)(4), (a)(6), and (a)(10) are removed and reserved, paragraphs (a)(3) and (a)(5) are revised, and paragraph (a)(7) is added to read as follows: § 30.15 Certain items containing byproduct material.
(a)* * *
(2)[Reserved]
(3)Balances of precision containing not more than 1 millicurie of tritium per balance or not more than 0.5 millicurie of tritium per balance part manufactured before December 17, 2007.
(4)[Reserved]
(5)Marine compasses containing not more than 750 millicuries of tritium gas and other marine navigational instruments containing not more than 250 millicuries of tritium gas manufactured before December 17, 2007.
(6)[Reserved]
(7)Ionization chamber smoke detectors containing not more than 1 microcurie (μCi) of americium-241 per detector in the form of a foil and designed to protect life and property from fires.
(10)[Reserved] § 30.16 [Removed] 4. Section 30.16 is removed. 5. In § 30.18, paragraph
(a)is revised and paragraph
(e)is added to read as follows: § 30.18 Exempt quantities.
(a)Except as provided in paragraphs
(c)through
(e)of this section, any person is exempt from the requirements for a license set forth in section 81 of the Act and from the regulations in parts 30 through 34, 36, and 39 of this chapter to the extent that such person receives, possesses, uses, transfers, owns, or acquires byproduct material in individual quantities, each of which does not exceed the applicable quantity set forth in § 30.71, Schedule B.
(e)No person may, for purposes of producing an increased radiation level, combine quantities of byproduct material covered by this exemption so that the aggregate quantity exceeds the limits set forth in § 30.71, Schedule B, except for byproduct material combined within a device placed in use before May 3, 1999, or as otherwise permitted by the regulations in this part. PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL 6 . The authority citation for part 31 continues to read as follows: Authority: Secs. 81, 161, 183, 68 Stat. 935, 948, 954, as amended (42 U.S.C. 2111, 2201, 2233); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111). 7. In § 31.5, paragraph (c)(8)(ii) introductory text and paragraph (c)(8)(iii) are revised to read as follows: § 31.5 Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere. 5 5 Persons possessing byproduct material in devices under a general license in § 31.5 before January 15, 1975, may continue to possess, use, or transfer that material in accordance with the labeling requirements of § 31.5 in effect on January 14, 1975.
(c)* * *
(8)* * *
(ii)Shall, within 30 days after the transfer of a device to a specific licensee or export, furnish a report to the Director of the Office of Federal and State Materials and Environmental Management Programs by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/GLTS. The report must contain—
(iii)Shall obtain written NRC approval before transferring the device to any other specific licensee not specifically identified in paragraph (c)(8)(I) of this section; however, a holder of a specific license may transfer a device for possession and use under its own specific license without prior approval, if, the holder:
(A)Verifies that the specific license authorizes the possession and use, or applies for and obtains an amendment to the license authorizing the possession and use;
(B)Removes, alters, covers, or clearly and unambiguously augments the existing label (otherwise required by paragraph (c)(1) of this section) so that the device is labeled in compliance with § 20.1904 of this chapter; however the manufacturer, model number, and serial number must be retained;
(C)Obtains the manufacturer's or initial transferor's information concerning maintenance that would be applicable under the specific license (such as leak testing procedures); and
(D)Reports the transfer under paragraph (c)(8)(ii) of this section. PART 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL 8. The authority citation for part 32 continues to read as follows: Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111). 9. In § 32.8, paragraph
(b)is revised to read as follows: § 32.8 Information collection requirements: OMB approval.
(b)The approved information collection requirements contained in this part appear in §§ 32.11, 32.12, 32.14, 32.15, 32.16, 32.18, 32.19, 32.20, 32.21, 32.21a, 32.22, 32.23, 32.25, 32.26, 32.27, 32.29, 32.51, 32.51a, 32.52, 32.53, 32.54, 32.55, 32.56, 32.57, 32.58, 32.61, 32.62, 32.71, 32.72, 32.74, and 32.210. 10. In § 32.11, paragraph
(a)is revised to read as follows: § 32.11 Introduction of byproduct material in exempt concentrations into products or materials, and transfer of ownership or possession: Requirements for license.
(a)Satisfies the general requirements specified in § 30.33 of this chapter; *provided, however,* that the requirements of § 30.33(a)(2) and
(3)do not apply to an application for a license to introduce byproduct material into a product or material owned by or in the possession of the licensee or another and the transfer of ownership or possession of the product or material containing the byproduct material, if the possession and use of the byproduct material to be introduced is authorized by a license issued by an Agreement State; 11. Section 32.12 is revised to read as follows: § 32.12 Same: Records and material transfer reports.
(a)Each person licensed under § 32.11 shall maintain records of transfer of byproduct material and file a report with the Director of the Office of Federal and State Materials and Environmental Management Programs by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/Exempt Distribution.
(1)The report must clearly identify the specific licensee submitting the report and include the license number of the specific licensee.
(2)The report must indicate that the byproduct material is transferred for use under § 30.14 of this chapter or equivalent regulations of an Agreement State.
(b)The report must identify the:
(1)Type and quantity of each product or material into which byproduct material has been introduced during the reporting period;
(2)Name and address of the person who owned or possessed the product or material, into which byproduct material has been introduced, at the time of introduction;
(3)The type and quantity of radionuclide introduced into each product or material; and
(4)The initial concentrations of the radionuclide in the product or material at time of transfer of the byproduct material by the licensee. (c)(1) The licensee shall file the report, covering the preceding calendar year, on or before January 31 of each year. In its first report after December 17, 2007, the licensee shall separately include data for transfers in prior years not previously reported to the Commission or to an Agreement State.
(2)Licensees who permanently discontinue activities authorized by the license issued under § 32.11 shall file a report for the current calendar year within 30 days after ceasing distribution.
(d)If no transfers of byproduct material have been made under § 32.11 during the reporting period, the report must so indicate.
(e)The licensee shall maintain the record of a transfer for one year after the transfer is included in a report to the Commission. 12. Section 32.13 is revised to read as follows: § 32.13 Same: Prohibition of introduction. No person may introduce byproduct material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under § 30.14 of this chapter or equivalent regulations of an Agreement State, except in accordance with a license issued under § 32.11. 13. In § 32.14, paragraph
(d)is revised to read as follows: § 32.14 Certain items containing byproduct material; Requirements for license to apply or initially transfer.
(d)The Commission determines that the byproduct material is properly contained in the product under the most severe conditions that are likely to be encountered in normal use and handling. 14. In § 32.15, paragraph
(d)is revised to read as follows: § 32.15 Same: Quality assurance, prohibition of transfer, and labeling. (d)(1) Label or mark each unit, except timepieces or hands or dials containing tritium or promethium-147, and its container so that the manufacturer or initial transferor of the product and the byproduct material in the product can be identified.
(2)For ionization chamber smoke detectors, label or mark each detector and its point-of-sale package so that:
(i)Each detector has a durable, legible, readily visible label or marking on the external surface of the detector containing:
(A)The following statement: “CONTAINS RADIOACTIVE MATERIAL”;
(B)The name of the radionuclide (“americium-241” or “Am-241”) and the quantity of activity; and
(C)An identification of the person licensed under § 32.14 to transfer the detector for use under § 30.15(a)(7) of this chapter or equivalent regulations of an Agreement State.
(ii)The labeling or marking specified in paragraph (d)(2)(I) of this section is located where it will be readily visible when the detector is removed from its mounting.
(iii)The external surface of the point-of-sale package has a legible, readily visible label or marking containing:
(A)The name of the radionuclide and quantity of activity;
(B)An identification of the person licensed under § 32.14 to transfer the detector for use under § 30.15(a)(7) or equivalent regulations of an Agreement State; and
(C)The following or a substantially similar statement: “THIS DETECTOR CONTAINS RADIOACTIVE MATERIAL. THE PURCHASER IS EXEMPT FROM ANY REGULATORY REQUIREMENTS.”
(iv)Each detector and point-of-sale package is provided with such other information as may be required by the Commission. 15. Section 32.16 is revised to read as follows: § 32.16 Certain items containing byproduct material: Records and reports of transfer.
(a)Each person licensed under § 32.14 shall maintain records of all transfers of byproduct material and file a report with the Director of the Office of Federal and State Material and Environmental Management Programs by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/Exempt Distribution.
(1)The report must clearly identify the specific licensee submitting the report and include the license number of the specific licensee.
(2)The report must indicate that the products are transferred for use under § 30.15 of this chapter, giving the specific paragraph designation, or equivalent regulations of an Agreement State.
(b)The report must include the following information on products transferred to other persons for use under § 30.15 or equivalent regulations of an Agreement State:
(1)A description or identification of the type of each product and the model number(s), if applicable;
(2)For each radionuclide in each type of product and each model number, if applicable, the total quantity of the radionuclide; and
(3)The number of units of each type of product transferred during the reporting period by model number, if applicable. (c)(1) The licensee shall file the report, covering the preceding calendar year, on or before January 31 of each year. In its first report after December 17, 2007, the licensee shall separately include data for transfers in prior years not previously reported to the Commission.
(2)Licensees who permanently discontinue activities authorized by the license issued under § 32.14 shall file a report for the current calendar year within 30 days after ceasing distribution.
(d)If no transfers of byproduct material have been made under § 32.14 during the reporting period, the report must so indicate.
(e)The licensee shall maintain the record of a transfer for one year after the transfer is included in a report to the Commission. § 32.17 [Removed] 16. Section 32.17 is removed. 17. Section 32.20 is revised to read as follows: § 32.20 Same: Records and material transfer reports.
(a)Each person licensed under § 32.18 shall maintain records of transfer of material identifying, by name and address, each person to whom byproduct material is transferred for use under § 30.18 of this chapter or the equivalent regulations of an Agreement State and stating the kinds, quantities, and physical form of byproduct material transferred.
(b)The licensee shall file a summary report with the Director of the Office of Federal and State Materials and Environmental Management Programs by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/Exempt Distribution.
(1)The report must clearly identify the specific licensee submitting the report and include the license number of the specific licensee.
(2)The report must indicate that the materials are transferred for use under § 30.18 or equivalent regulations of an Agreement State.
(c)For each radionuclide in each physical form, the report shall indicate the total quantity of each radionuclide and the physical form, transferred under the specific license. (d)(1) The licensee shall file the report, covering the preceding calendar year, on or before January 31 of each year. In its first report after December 17, 2007, the licensee shall separately include the total quantity of each radionuclide transferred for transfers in prior years not previously reported to the Commission.
(2)Licensees who permanently discontinue activities authorized by the license issued under § 32.18 shall file a report for the current calendar year within 30 days after ceasing distribution.
(e)If no transfers of byproduct material have been made under § 32.18 during the reporting period, the report must so indicate.
(f)The licensee shall maintain the record of a transfer for one year after the transfer is included in a summary report to the Commission. 18. In § 32.25, paragraph
(c)is revised to read as follows: § 32.25 Conditions of licenses issued under § 32.22: Quality control, labeling, and reports of transfer.
(c)Maintain records of all transfers and file a report with the Director of the Office of Federal and State Materials and Environmental Management Programs by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/Exempt Distribution.
(1)The report must clearly identify the specific licensee submitting the report and include the license number of the specific licensee.
(2)The report must indicate that the products are transferred for use under § 30.19 of this chapter or equivalent regulations of an Agreement State.
(3)The report must include the following information on products transferred to other persons for use under § 30.19 or equivalent regulations of an Agreement State:
(i)A description or identification of the type of each product and the model number(s);
(ii)For each radionuclide in each type of product and each model number, the total quantity of the radionuclide;
(iii)The number of units of each type of product transferred during the reporting period by model number. (4)(i) The licensee shall file the report, covering the preceding calendar year, on or before January 31 of each year. In its first report after December 17, 2007, the licensee shall separately include data for transfers in prior years not previously reported to the Commission.
(ii)Licensees who permanently discontinue activities authorized by the license issued under § 32.22 shall file a report for the current calendar year within 30 days after ceasing distribution.
(5)If no transfers of byproduct material have been made under § 32.22 during the reporting period, the report must so indicate.
(6)The licensee shall maintain the record of a transfer for one year after the transfer is included in a report to the Commission. 19. In § 32.29, paragraph
(c)is revised to read as follows: § 32.29 Conditions of licenses issued under § 32.26: Quality control, labeling, and reports of transfer.
(c)Maintain records of all transfers and file a report with the Director of the Office of Federal and State Materials and Environmental Management Programs by an appropriate method listed in § 30.6(a) of this chapter, including in the address: ATTN: Document Control Desk/Exempt Distribution.
(1)The report must clearly identify the specific licensee submitting the report and include the license number of the specific licensee.
(2)The report must indicate that the products are transferred for use under § 30.20 of this chapter or equivalent regulations of an Agreement State.
(3)The report must include the following information on products transferred to other persons for use under § 30.20 or equivalent regulations of an Agreement State:
(i)A description or identification of the type of each product and the model number(s);
(ii)For each radionuclide in each type of product and each model number, the total quantity of the radionuclide;
(iii)The number of units of each type of product transferred during the reporting period by model number. (4)(i) The licensee shall file the report, covering the preceding calendar year, on or before January 31 of each year. In its first report after December 17, 2007, the licensee shall separately include data for transfers in prior years not previously reported to the Commission.
(ii)Licensees who permanently discontinue activities authorized by the license issued under § 32.26 shall file a report for the current calendar year within 30 days after ceasing distribution.
(5)If no transfers of byproduct material have been made under § 32.26 during the reporting period, the report must so indicate.
(6)The licensee shall maintain the record of a transfer for one year after the transfer is included in a report to the Commission. § 32.40 [Removed] 20. Section 32.40 is removed. PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 21. The authority citation for part 150 continues to read as follows: Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111). Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 2282). 22. In § 150.20, paragraph
(b)introductory text, and paragraph (b)(3) are revised to read as follows: § 150.20 Recognition of Agreement State licenses.
(b)Notwithstanding any provision to the contrary in any specific license issued by an Agreement State to a person engaging in activities in a non-Agreement State, in an area of exclusive Federal jurisdiction within an Agreement State, or in offshore waters under the general licenses provided in this section, the general licenses provided in this section are subject to all the provisions of the Act, now or hereafter in effect, and to all applicable rules, regulations, and orders of the Commission including the provisions of §§ 30.7(a) through (f), 30.9, 30.10, 30.34, 30.41, and 30.51 through 30.63 of this chapter; §§ 40.7(a) through (f), 40.9, 40.10, 40.41, 40.51, 40.61 through 40.63, 40.71, and 40.81 of this chapter; §§ 70.7(a) through (f), 70.9, 70.10, 70.32, 70.42, 70.52, 70.55, 70.56, 70.60 through 70.62 of this chapter; §§ 74.11, 74.15, and 74.19 of this chapter; and to the provisions of 10 CFR parts 19, 20 and 71 and subparts C through H of part 34, §§ 39.15 and 39.31 through 39.77 of this chapter. In addition, any person engaging in activities in non-Agreement States, in areas of exclusive Federal jurisdiction within Agreement States, or in offshore waters under the general licenses provided in this section:
(3)Shall not, in any non-Agreement State, in an area of exclusive Federal jurisdiction within an Agreement State, or in offshore waters, transfer or dispose of radioactive material possessed or used under the general licenses provided in this section, except by transfer to a person who is specifically licensed by the Commission to receive this material. Dated at Rockville, Maryland, this 3rd day of October 2007. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E7-19944 Filed 10-15-07; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28922; Directorate Identifier 2007-NM-132-AD; Amendment 39-15225; AD 2007-21-07] RIN 2120-AA64 Airworthiness Directives; Airbus Model A310 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: An incident occurred on one A300-600 aircraft at parking brake application. Both engines were running, the aircraft started moving again despite parking brake application. Captain tried to stop the aircraft via the pedals but, as the parking brake selector valve was selected, the aircraft could not be stopped (as per design, activation of the parking brake inhibits the other braking modes, and consequently prevents the recovery of the normal braking through the pedals). As part of the investigation, the pressure limiter was removed and examined. The expertise revealed a metallic wire aimed at reducing the section of one port of this equipment was found broken. A part of this wire partially obstructed the hole receiving this wire, thus delaying the build up of parking brake pressure. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective November 20, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 20, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC. 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: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on August 16, 2007 (72 FR 45976). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: An incident occurred on one A300-600 aircraft at parking brake application. Both engines were running, the aircraft started moving again despite parking brake application. Captain tried to stop the aircraft via the pedals but, as the parking brake selector valve was selected, the aircraft could not be stopped (as per design, activation of the parking brake inhibits the other braking modes, and consequently prevents the recovery of the normal braking through the pedals). As part of the investigation, the pressure limiter was removed and examined. The expertise revealed a metallic wire aimed at reducing the section of one port of this equipment was found broken. A part of this wire partially obstructed the hole receiving this wire, thus delaying the build up of parking brake pressure. In order to avoid recurrence of the failure mode described above, EASA issued Airworthiness Directive
(AD)2006-0178 to require the replacement of the parking brake pressure limiter (FIN 323292). During embodiment of SB (Service Bulletin) 32-2133 on an A310 as per AD 2006-0178 (EASA AD 2006-0178 corresponds to FAA AD 2007-02-21, amendment 39-14908), an operator reported that the modified pressure limiter could not be fitted. Subsequent investigation concluded that A310 installation being slightly different from A300-600 aircraft, the approved solution was not directly adaptable to A310 aircraft. * * * This new AD, dealing with the same subject, requires the replacement of the brake pressure limiter by accomplishment of Airbus SB A310-32-2133, which has been revised to include the adaptation kit for A310 aircraft. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 68 products of U.S. registry. We also estimate that it will take about 6 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Labor costs may be covered under warranty as described in the service information. Required parts will cost about $0 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $32,640, or $480 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-21-07 Airbus:** Amendment 39-15225. Docket No. FAA-2007-28922; Directorate Identifier 2007-NM-132-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective November 20, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Airbus Model A310 series airplanes, certificated in any category, except airplanes on which Airbus Service Bulletin A310-32-2133, Revision 02, dated February 26, 2007, has been embodied in service. Subject
(d)Air Transport Association
(ATA)of America Code 32: Landing gear. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: An incident occurred on one A300-600 aircraft at parking brake application. Both engines were running, the aircraft started moving again despite parking brake application. Captain tried to stop the aircraft via the pedals but, as the parking brake selector valve was selected, the aircraft could not be stopped (as per design, activation of the parking brake inhibits the other braking modes, and consequently prevents the recovery of the normal braking through the pedals). As part of the investigation, the pressure limiter was removed and examined. The expertise revealed a metallic wire aimed at reducing the section of one port of this equipment was found broken. A part of this wire partially obstructed the hole receiving this wire, thus delaying the build up of parking brake pressure. In order to avoid recurrence of the failure mode described above, EASA (European Aviation Safety Agency), issued Airworthiness Directive
(AD)2006-0178 to require the replacement of the parking brake pressure limiter (FIN 323292). During embodiment of SB (Service Bulletin) 32-2133 on an A310 as per AD 2006-0178 [EASA AD 2006-0178 corresponds to FAA AD 2007-02-21, amendment 39-14908], an operator reported that the modified pressure limiter could not be fitted. Subsequent investigation concluded that A310 installation being slightly different from A300-600 aircraft, the approved solution was not directly adaptable to A310 aircraft. * * * This new AD, dealing with the same subject, requires the replacement of the brake pressure limiter by accomplishment of Airbus SB A310-32-2133, which has been revised to include the adaptation kit for A310 aircraft. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Within 10 months after the effective date of this AD, replace the parking brake pressure limiter (FIN 323292), in accordance with the instructions given in Airbus Service Bulletin A310-32-2133, Revision 02, dated February 26, 2007.
(2)[Reserved] FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No difference. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tom 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. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI EASA Airworthiness Directive 2007-0151, dated May 22, 2007; Airbus Service Bulletin A310-32-2133, Revision 02, dated February 26, 2007; and Messier-Bugatti Service Bulletin C24264-32-848, dated February 15, 2006, for related information. Material Incorporated by Reference
(i)You must use Airbus Service Bulletin A310-32-2133, Revision 02, dated February 26, 2007, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on October 3, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20137 Filed 10-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28810; Directorate Identifier 2007-NM-104-AD; Amendment 39-15226; AD 2007-21-08] RIN 2120-AA64 Airworthiness Directives; Hawker Beechcraft Model Hawker 800XP Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain Hawker Beechcraft Model Hawker 800XP airplanes. This AD requires doing an inspection of panel DA wiring for clearance and for signs of chafing or exposed conductors, and repairing or replacing the wires and cable ties if necessary. This AD results from reports of wire bundle interference in the DA panel, chafed wire bundles, and exposed conductors. We are issuing this AD to prevent chafing of wire bundles, which could cause an electrical short and consequent loss of several functions essential for safe flight and smoke or fire in the flight compartment and main cabin. DATES: This AD becomes effective November 20, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of November 20, 2007. ADDRESSES: For service information identified in this AD, contact Hawker Beechcraft Corporation, 9709 East Central, Wichita, Kansas 67206. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Philip Petty, Aerospace Engineer, Electrical Systems and Avionics, ACE-119W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone
(316)946-4139; fax
(316)946-4107. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Hawker Beechcraft Model Hawker 800XP airplanes. That NPRM was published in the **Federal Register** on July 30, 2007 (72 FR 41465). That NPRM proposed to require doing an inspection of panel DA wiring for clearance and for signs of chafing or exposed conductors, and repairing or replacing the wires and cable ties if necessary. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 438 airplanes of the affected design in the worldwide fleet. This AD affects about 292 airplanes of U.S. registry. The required inspection takes about 2 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of this AD for U.S. operators is $46,720, or $160 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-21-08 Hawker Beechcraft Corporation (formerly Raytheon Aircraft Company):** Amendment 39-15226. Docket No. FAA-2007-28810; Directorate Identifier 2007-NM-104-AD. Effective Date
(a)This AD becomes effective November 20, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Hawker Beechcraft Model Hawker 800XP airplanes, certificated in any category; as identified in Raytheon Service Bulletin SB 24-3772, dated February 2006. Unsafe Condition
(d)This AD results from reports of wire bundle interference in the DA panel, chafed wire bundles, and exposed conductors. We are issuing this AD to prevent chafing of wire bundles, which could cause an electrical short and consequent loss of several functions essential for safe flight and smoke or fire in the flight compartment and main cabin. 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. Inspection and Corrective Actions
(f)Within 600 flight hours or 12 months after the effective date of this AD, whichever occurs first, do a detailed inspection of panel DA wiring for clearance and for signs of chafing or exposed conductors, in accordance with the Accomplishment Instructions of Raytheon Service Bulletin SB 24-3772, dated February 2006. If any wire is touching the panel, structure, or equipment, or if evidence of chafing or exposed conductors exists, before further flight, repair or replace the wires and cable ties with new ones, in accordance with the service bulletin. Note 1: For the purposes of this AD, a detailed inspection is: “An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.”
(g)Although Raytheon Service Bulletin SB 24-3772, dated February 2006, specifies to submit certain information to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Wichita Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference
(i)You must use Raytheon Service Bulletin SB 24-3772, dated February 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Hawker Beechcraft Corporation, 9709 East Central, Wichita, Kansas 67206, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Renton, Washington, on October 3, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20138 Filed 10-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2005-21701; Directorate Identifier 2005-NM-086-AD; Amendment 39-15231; AD 2007-21-13] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747 and 767 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for certain Boeing Model 747 and 767 airplanes. This AD requires reworking the electrical bonding between the airplane structure and the pump housing of the outboard boost pumps in the main fuel tank of certain Boeing Model 747 airplanes, and between the airplane structure and the pump housing of the override/jettison pumps in the left and right wing center auxiliary fuel tanks of certain Boeing Model 767 airplanes. This AD also requires related investigative actions and corrective actions if necessary. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent insufficient electrical bonding, which could result in a potential of ignition sources inside the fuel tanks, and which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. DATES: This AD becomes effective November 20, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of November 20, 2007. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Philip Sheridan, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6441; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a supplemental notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Boeing Model 747 and 767 airplanes. That supplemental NPRM was published in the **Federal Register** on March 30, 2007 (72 FR 15069). That supplemental NPRM proposed to require reworking the electrical bonding between the airplane structure and the pump housing of the outboard boost pumps in the main fuel tank of certain Boeing Model 747 airplanes, and between the airplane structure and the pump housing of the override/jettison pumps in the left and right wing center auxiliary fuel tanks of certain Boeing Model 767 airplanes. That supplemental NPRM also proposed to require related investigative actions and corrective actions if necessary. That supplemental NPRM proposed to revise the original NPRM to add an inspection requirement for certain Model 747 airplanes, and to specify cold-working the fastener holes for certain other Model 747 airplanes. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received to the supplemental NPRM. Requests To Refer to New Revisions of Service Information Boeing, All Nippon Airways, and Air Transport Association on behalf of its member United Airlines, all request that we refer to various new revisions of relevant service information as follows: Boeing Special Attention Service Bulletins 747-28-2259, Revision 2, dated July 5, 2007; 767-57-0092, Revision 1, dated February 15, 2007; and 767-57-0093, Revision 1, dated February 15, 2007. (We referred to earlier revisions of these service bulletins as the appropriate sources of service information for accomplishing the actions proposed in the supplemental NPRM.) We agree with the commenters' requests. We have reviewed the new service information and revised Table 1 and paragraph
(f)of the AD to refer to the new revisions of the service information. We have also revised paragraph
(g)of the AD to give credit for prior accomplishment of earlier revisions by adding a new Table 2. The new revisions specify that no more work is necessary for airplanes on which the actions were accomplished in accordance with the earlier revisions. The new revisions of the service information, among other things, correct certain typographical errors, change references to certain documents, add information about certain edge margins, and revise the grouping of airplanes in the effectivity. Operators should note that on September 25, 2007, Boeing issued Information Notice 747-28-2259 IN 01. The information notice alerts operators of a typographical error in step 9 of figures 1 through 6 of Boeing Special Attention Service Bulletin 747-28-2259, Revision 2, dated July 5, 2007. The information notice states that the note given in step 9 should read “if the maximum resistance value of 0.0005 ohm can not be met, repeat steps 1 through 7” and not “steps 1 through 8.” Explanation of Additional Change Made to This AD We have simplified paragraph (f)(1) of this AD by referring to the “Alternative Methods of Compliance (AMOCs)” paragraph of this AD for repair methods. Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 3,401 airplanes of the affected design in the worldwide fleet. The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Cost per airplane Number of U.S.-registered airplanes Fleet cost Rework electrical bonding for Boeing Model 747 airplanes 10 $80 $800 1,115 $892,000 Rework electrical bonding for Boeing Model 767 airplanes 9 80 720 921 663,120 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-21-13 Boeing:** Amendment 39-15231. Docket No. FAA-2005-21701; Directorate Identifier 2005-NM-086-AD. Effective Date
(a)This AD becomes effective November 20, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to the Boeing airplane models identified in Table 1 of this AD, certificated in any category. Table 1.—Airplanes Affected by This AD Model— As identified in Boeing special attention service bulletin— 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes 747-28-2259, Revision 2, dated July 5, 2007. 767-200, -300, and -300F series airplanes 767-57-0092, Revision 1, dated February 15, 2007. 767-400ER series airplanes 767-57-0093, Revision 1, dated February 15, 2007. Unsafe Condition
(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent insufficient electrical bonding, which could result in a potential of ignition sources inside the fuel tanks, and which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Rework Electrical Bonding
(f)Within 60 months after the effective date of this AD: Do the actions specified in paragraph (f)(1) or (f)(2) of this AD, as applicable, by accomplishing all the actions specified in the Accomplishment Instructions of the applicable service bulletin specified in Table 1 of this AD. Do any related investigative and corrective actions before further flight.
(1)For Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, 747SR, and 747SP series airplanes: Rework the electrical bonding between the airplane structure and the pump housing of the outboard boost pumps in the main fuel tank, and do related investigative and applicable corrective actions. If any crack, corrosion, or damage is found during the open-hole high-frequency eddy current
(HFEC)inspection specified in Boeing Special Attention Service Bulletin 747-28-2259, Revision 2, dated July 5, 2007, and the special attention service bulletin specifies contacting Boeing for repair instructions: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph
(h)of this AD.
(2)For Boeing Model 767-200, -300, -300F, and -400ER series airplanes: Rework the electrical bonding between the airplane structure and the pump housing of the override/jettison pumps in the left and right wing center auxiliary fuel tanks, and do the related investigative and applicable corrective actions. Credit for Actions Accomplished Previously
(g)Actions done before the effective date of this AD in accordance with the applicable special attention service bulletins listed in Table 2 of this AD are acceptable for compliance with the corresponding requirements of paragraph
(f)of this AD. Table 2.—Service Bulletins Acceptable for Actions Accomplished Previously Boeing special attention service bulletin Revision level Date 747-28-2259 Original November 4, 2004. 747-28-2259 1 October 5, 2006. 767-57-0092 Original November 4, 2004. 767-57-0093 Original November 4, 2004. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference
(i)You must use the applicable special attention service bulletin listed in Table 3 of this AD to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Table 3.—Material Incorporated by Reference Boeing special attention service bulletin Revision level Date 747-28-2259 2 July 5, 2007. 767-57-0092 1 February 15, 2007. 767-57-0093 1 February 15, 2007. Issued in Renton, Washington, on October 5, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20223 Filed 10-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28811; Directorate Identifier 2006-NM-246-AD; Amendment 39-15233; AD 2007-21-15] RIN 2120-AA64 Airworthiness Directives; Boeing Model 707 Airplanes and Model 720 and 720B Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for all Boeing Model 707 airplanes and Model 720 and 720B series airplanes. This AD requires identifying the material used in the elevator hinge support fittings of the horizontal stabilizer trailing edge, doing repetitive detailed inspections for cracking of the fittings and corrective actions if necessary, and doing an eventual terminating action. This AD results from a report that stress corrosion cracking of the elevator hinge support fittings has been discovered on several Model 707 airplanes. We are issuing this AD to prevent cracking of the elevator hinge support fittings, which could reduce the elevator support stiffness and lead to in-flight airframe vibration, consequent damage to the elevator and horizontal stabilizer, and reduced controllability of the airplane. DATES: This AD becomes effective November 20, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of November 20, 2007. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Duong Tran, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6452; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Boeing Model 707 airplanes and Model 720 and 720B series airplanes. That NPRM was published in the **Federal Register** on July 30, 2007 (72 FR 41462). That NPRM proposed to require identifying the material used in the elevator hinge support fittings of the horizontal stabilizer trailing edge, doing repetitive detailed inspections for cracking of the fittings and corrective actions if necessary, and doing an eventual terminating action. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Clarification of Costs of Compliance In the NPRM, the estimated cost per airplane for the proposed detailed inspections was correct, but the fleet cost was erroneously calculated to be $47,840 per inspection cycle. We have corrected that amount to $99,840 per inspections cycle. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance There are about 185 airplanes of the affected design in the worldwide fleet. This AD affects about 52 airplanes of U.S. registry. The following table provides the estimated costs for U.S. operators to comply with this AD, at an average labor rate of $80 per work hour. Estimated Costs Action Work hours Parts Cost per Airplane Fleet cost Material verification 1 No parts needed $80 $4,160. Detailed inspections 24, per inspection cycle No parts needed $1,920 $99,840, per inspection cycle. Modification (fabrication and installation of nutplates) 6 Operator supplied $480 $24,960. Terminating action 132 $53,078 1 or $87,750 2 $63,638 1 or $98,310 2 Up to $5,112,120. 1 for Group 1 airplanes. 2 for Group 2 airplanes. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-21-15 Boeing:** Amendment 39-15233. Docket No. FAA-2007-28811; Directorate Identifier 2006-NM-246-AD. Effective Date
(a)This AD becomes effective November 20, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to all Model 707-100 long body, -200, -100B long body, and -100B short body series airplanes; Model 707-300, -300B, -300C, and -400 series airplanes; and Model 720 and 720B series airplanes; certificated in any category. Unsafe Condition
(d)This AD results from a report that stress corrosion cracking of the elevator hinge support fittings of the horizontal stabilizer trailing edge has been discovered on several Model 707 airplanes. We are issuing this AD to prevent cracking of the elevator hinge support fittings, which could reduce the elevator support stiffness and lead to in-flight airframe vibration, consequent damage to the elevator and horizontal stabilizer, and reduced controllability of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Service Bulletin Reference
(f)The term “service bulletin,” as used in this AD, means the Accomplishment Instructions of Boeing 707 Alert Service Bulletin A3518, dated October 9, 2006. Material Identification
(g)Within 180 days after the effective date of this AD or before further flight after any horizontal stabilizer is replaced: Verify the type of material used in the elevator hinge support fittings of the horizontal stabilizer trailing edge, in accordance with Part 1 of the Accomplishment Instructions of the service bulletin, then do the requirements of paragraph (g)(1) or (g)(2) of this AD, as applicable. Repeat the verification before further flight after the replacement of any hinge support fitting.
(1)For any hinge support fitting made of 7075-T7351 material: No further action is required by paragraph
(h)or
(i)of this AD.
(2)For any hinge support fitting made of 7079-T6 or 7075-T6 material: Do the actions required by paragraph
(h)of this AD. Repetitive Inspections, One-time Modification, and Corrective Actions
(h)Before further flight after doing paragraph
(g)of this AD, do a detailed inspection for cracking of the hinge support fittings and modify certain segments of the rib webs, in accordance with Part 2 of the Accomplishment Instructions of the service bulletin. For any hinge support fitting found to be cracked or damaged, before further flight, do the actions required by paragraph (h)(1) or (h)(2) of this AD; in accordance with Part 3 of the Accomplishment Instructions of the service bulletin. Do all actions in accordance with the Accomplishment Instructions of the service bulletin; except where the service bulletin specifies to contact the manufacturer for repair procedures, this AD requires repair using a method approved in accordance with the procedures specified in paragraph
(k)of this AD.
(1)Replace the fitting with a serviceable fitting made of 7079-T6 or 7075-T6 material. Repeat the detailed inspection thereafter at intervals not to exceed 180 days, until the terminating action required by paragraph
(i)of this AD has been done.
(2)Replace the fitting with a new, improved fitting made of 7075-T7351 material. Terminating Action
(i)For all airplanes: Within 48 months after the effective date of this AD, replace all hinge support fittings made of 7079-T6 or 7075-T6 material with new, improved fittings made of 7075-T7351 material, in accordance with Part 4 of the Accomplishment Instructions of the service bulletin. Doing this action terminates all requirements of paragraphs
(g)and
(h)of this AD. Parts Installation
(j)As of the effective date of this AD, no person may install, on any airplane, a new or serviceable hinge support fitting made of 7079-T6 or 7075-T6 material, unless the requirements of paragraph (h)(1) of this AD are accomplished. Alternative Methods of Compliance (AMOCs) (k)(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. Material Incorporated by Reference
(l)You must use Boeing 707 Alert Service Bulletin A3518, dated October 9, 2006, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on October 5, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20219 Filed 10-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29217; Directorate Identifier 2007-CE-075-AD; Amendment 39-15229; AD 2007-21-11] RIN 2120-AA64 Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-12, PC-12/45, and PC-12/47 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above that will supersede an existing AD. This AD results from mandatory continuing airworthiness information
(MCAI)issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: This Airworthiness Directive
(AD)is prompted by occurrences where abrasive damage (chafing) has been found on oil pipe assemblies in the area of the torque oil pressure transducer on the engines of some PC-12 aircraft. Incorrect assembly after maintenance tasks can decrease distances between various pipe/hoses assemblies and adjacent components. Damaged pipes can cause oil leakages in the area of the engine. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective November 5, 2007. On November 5, 2007, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive comments on this AD by November 15, 2007. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *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. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4059; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion On October 17, 2000, we issued AD 2000-21-14, Amendment 39-11946 (65 FR 64340; October 27, 2000). That AD required actions intended to address an unsafe condition on the products listed above. Since we issued AD 2000-21-14, there have been reports of occurrences of abrasive damage (chafing) on oil pipe assemblies in the area of the torque oil pressure transducer on the engines of some Model PC-12 series airplanes. The damage has caused engine oil leakage in some airplanes. If uncorrected, the unsafe condition could result in engine failure. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued AD No: 2007-0235, dated August 31, 2007, corrected September 14, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: This Airworthiness Directive
(AD)is prompted by occurrences where abrasive damage (chafing) has been found on oil pipe assemblies in the area of the torque oil pressure transducer on the engines of some PC-12 aircraft. Incorrect assembly after maintenance tasks can decrease distances between various pipe/hoses assemblies and adjacent components. Damaged pipes can cause oil leakages in the area of the engine. For the reasons stated above, this AD requires an inspection for damage, replacement when damage is found, and eventual replacement of all the affected pipe/hose assemblies. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Pilatus Aircraft Ltd. has issued Pilatus PC12 Service Bulletin No: 71-007, dated August 21, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the 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 issuing this AD because we evaluated all information provided by the State of Design Authority and determined the 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 have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over those copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because if uncorrected, the unsafe condition could result in engine failure. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2007-29217; Directorate Identifier 2007-CE-075-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-11946 (65 FR 64340; October 27, 2000), and adding the following new AD: **2007-21-11 Pilatus Aircraft Limited:** Amendment 39-15229; Docket No. FAA-2007-29217; Directorate Identifier 2007-CE-075-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective November 5, 2007. Affected ADs
(b)This AD supersedes AD 2000-21-14, Amendment 39-11946. Applicability
(c)This AD applies to Models PC-12, PC-12/45, and PC-12-47 airplanes, all serial numbers, that are:
(1)Equipped with oil pipe/hose assemblies part number (P/N) 577.11.12.104, 577.11.12.105, 946.37.74.305, 946.37.74.306, 946.37.74.307, 946.37.74.308, or 946.37.74.311; and
(2)certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 71: Power Plant-General. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: This Airworthiness Directive
(AD)is prompted by occurrences where abrasive damage (chafing) has been found on oil pipe assemblies in the area of the torque oil pressure transducer on the engines of some PC-12 aircraft. Incorrect assembly after maintenance tasks can decrease distances between various pipe/hoses assemblies and adjacent components. Damaged pipes can cause oil leakages in the area of the engine. For the reasons stated above, this AD requires an inspection for damage, replacement when damage is found, and eventual replacement of all the affected pipe/hose assemblies. Actions and Compliance
(f)Unless already done, do the following actions: (1)Within the next 10 hours time-in-service after November 5, 2007 (the effective date of this AD), do a configuration check and inspection of the pipe/hose assemblies for abrasive damage (chafing) and distortion following paragraph 3.B of Pilatus Aircraft Ltd. Pilatus PC12 Service Bulletin No: 71-007, dated August 21, 2007.
(2)If during the configuration check and inspection required by paragraph (f)(1) of this AD any abrasive damage (chafing) on oil pipe/hose assemblies is found, before further flight, replace the hose/pipe assemblies following paragraphs 3.B, 3.C, and 3.E of Pilatus Aircraft Ltd. Pilatus PC12 Service Bulletin No: 71-007, dated August 21, 2007.
(3)If during the configuration check and inspection required by paragraph (f)(1) of this AD no damage on oil pipe/hose assemblies is found, within 6 calendar months after November 5, 2007 (the effective date of this AD), replace the hose/pipe assemblies following paragraph 3.B, 3.C, and 3.E of Pilatus Aircraft Ltd. Pilatus PC12 Service Bulletin No: 71-007, dated August 21, 2007.
(4)After November 5, 2007, do not install any oil pipe/hose assembly with P/N 577.11.12.104, 577.11.12.105, 946.37.74.305, 946.37.74.306, 946.37.74.307, 946.37.74.308, or 946.37.74.311 on any Models PC-12, PC-12/45, or PC-12/47 airplanes.
(5)After November 5, 2007, do not install a spare engine on any Models PC-12, PC-12/45, or PC-12/47 airplanes, unless it has been verified that no oil pipe/hose assembly with P/N 577.11.12.104, 577.11.12.105, 946.37.74.305, 946.37.74.306, 946.37.74.307, 946.37.74.308, or 946.37.74.311 are installed on that engine. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: The MCAI allows for the temporary replacement (up to 6 months) of the hose/pipe assemblies with the same type that incorporate the potential unsafe condition (P/N 577.11.12.104, 577.11.12.105, 946.37.74.305, 946.37.74.306, 946.37.74.307, 946.37.74.308, or 946.37.74.311). Due to the urgency of this unsafe condition, the FAA is mandating replacement with the improved parts immediately if damage is found. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4059; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI European Aviation Safety Agency
(EASA)AD No: 2007-0235, dated August 31, 2007, corrected September 14, 2007; and Pilatus Aircraft Ltd. Pilatus PC12 Service Bulletin No: 71-007, dated August 21, 2007, for related information. Material Incorporated by Reference
(i)You must use Pilatus Aircraft Ltd. Pilatus PC12 Service Bulletin No: 71-007, dated August 21, 2007, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Pilatus Aircraft Ltd., Customer Support Manager, CH-6371 STANS, Switzerland; telephone: + 41 41 619 6208; fax: + 41 41 619 7311; e-mail: *SupportPC12@pilatus-aircaft.com* ; or Pilatus Business Aircraft Ltd., Product Support Department, 11755 Airport Way, Broomfield, Colorado 80021; telephone:
(303)465-9099, fax:
(303)465-6040; E-mail: *Productsupport@PilBal.com* .
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html* . Issued in Kansas City, Missouri on October 5, 2007. David R. Showers, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20220 Filed 10-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27925; Directorate Identifier 2006-NM-183-AD; Amendment 39-15232; AD 2007-21-14] RIN 2120-AA64 Airworthiness Directives; Airbus Model A310 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for all Airbus Model A310 series airplanes. This AD requires revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors caused by latent failures, alterations, repairs, or maintenance actions, could result in fuel tank explosions and consequent loss of the airplane. DATES: This AD becomes effective November 20, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of November 20, 2007. ADDRESSES: For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: 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: Discussion The FAA issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to all Airbus Model A310 series airplanes. That NPRM was published in the **Federal Register** on April 20, 2007 (72 FR 19826). That NPRM proposed to require revising the Airworthiness Limitations Section of the Instructions for Continued Airworthiness to incorporate new limitations for fuel tank systems. Actions since NPRM Was Issued After we issued the NPRM, Airbus published the A310 Fuel Airworthiness Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007 (approved by the European Aviation Safety Agency
(EASA)on July 6, 2007) (hereafter referred to as “Document 95A.1930/05”). In the NPRM, we referred to Issue 1 of Document 95A.1930/05, dated December 19, 2005, as the appropriate source of service information for accomplishing the actions proposed in the NPRM. The fuel airworthiness limitations specified in Issue 2 of Document 95A.1930/05 are the same as those in Issue 1 of Document 95A.1930/05. Airbus has revised certain task titles in Section 1 of Issue 2 of Document 95A.1930/05 and has clarified the applicability and corrected certain airplane maintenance manual
(AMM)references in Section 2 of the document. Therefore, we have revised this AD by referring to Issue 2 of Document 95A.1930/05 as the appropriate source of service information. After we issued the NPRM, EASA issued airworthiness directive 2007-0096 R1, dated May 2, 2007, to correct certain compliance times; our NPRM included the correct compliance times, which we explained as differences between the NPRM and EASA airworthiness directive 2006-0202, dated July 11, 2006. The compliance times in this AD already correspond with the compliance times of EASA airworthiness directive 2007-0096 R1. Therefore, we have revised paragraph
(k)of this AD to refer to EASA airworthiness directive 2007-0096 R1. After we issued the NPRM, Airbus published Operator Information Telex
(OIT)SE 999.0079/07, Revision 01, dated August 14, 2007, to identify the applicable sections of the Airbus A310 AMM necessary for accomplishing the tasks specified in Section 1 of Document 95A.1930/05. We have added a note to paragraph
(f)of this AD to refer to that OIT. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comments received. Request To Revise “Relevant Service Information” Section Airbus requests that we revise the “Relevant Service Information” section to state that “Section 1, ‘Maintenance/Inspection Tasks,' of Document 95A.1930/05 describes certain FAL inspections, which are periodic inspections of certain features for latent failures that could contribute to a fire.” In the NPRM, we specified that the latent failures could contribute to an ignition source. As justification, Airbus states that not all three tasks identified in Section 1 of Document 95A.1930/05 contribute to minimizing the risk of an ignition source: Only Task 3 minimizes the risk of an ignition source, while Tasks 1 and 2 minimize the occurrence of a combustible environment. We agree with Airbus's statements. However, we have not revised this AD in this regard since the “Relevant Service Information” section is not retained in a final rule. Request To Revise the Unsafe Condition Airbus states that it does not agree that there is an unsafe condition on Model A310 series airplanes, prior to accomplishing the maintenance/inspection tasks in Section 1 of Document 95A.1930/05. Airbus agrees that performing these tasks contributes to minimizing the risk of either an ignition source (Task 3) or the occurrence of a combustible environment (Tasks 1 and 2). In regard to the critical design configuration control limitations (CDCCLs), Airbus states that no unsafe condition exists at delivery, and that no unsafe condition will develop provided that operators observe the CDCCLs after delivery. Airbus further states that the CDCCLs are introduced to reduce the risk that an operator may inadvertently alter the design or installation, thus introducing a less safe configuration. We infer Airbus would like us to revise the unsafe condition in this AD to incorporate its comments. We do not agree to revise the unsafe condition of this AD. Fuel airworthiness limitations
(FALs)are items arising from a systems safety analysis that have been shown to have failure modes associated with an unsafe condition, as defined in FAA Memorandum 2003-112-15, “SFAR 88—Mandatory Action Decision Criteria,” dated February 25, 2003. These FALs are identified in failure conditions for which an unacceptable probability of ignition risk could exist if specific tasks or practices or both are not performed in accordance with a manufacturer's requirements. As Airbus notes, if an operator does not observe the CDCCLs after delivery, then an unsafe condition could occur. For this reason we must mandate Document 95A.1930/05 to ensure the CDCCLs are observed. We have not changed this AD in this regard. Request To Clarify the Requirements of Paragraph
(h)Airbus requests that we revise paragraph
(h)of the NPRM to state that operators are required to update their internal procedures and documentation to ensure appropriate management and control of the CDCCLs specified in Section 2 of Document 95A.1930/05. Airbus states that paragraph
(h)of the NPRM is unclear about what an operator is expected to do with the CDCCLs. Airbus further states that paragraph
(h)of the NPRM tells operators to add the CDCCLs to the ALS, but Airbus states that it has already done so. Airbus also states that the ALS is part of the type certification
(TC)documentation and is not changed by operators. Although we understand Airbus' concern and welcome any feedback that would improve the readability or usability of an AD, the suggested language is too vague to be legally enforceable, so we cannot use it in this AD. We understand that Airbus has revised its airworthiness limitations document. However, according to 14 CFR 39.7, no person may operate a product unless the requirements of an applicable AD have been met. The burden is placed on the operator, not on the manufacturer, to ensure that the requirements of an AD are met. The requirement, as stated in the NPRM, is for the operator to revise its copy of the airworthiness limitations document. This ensures that each affected operator maintains a current copy of the required airworthiness limitations. Concerning Airbus' statement that paragraph
(h)of the NPRM does not clearly specify what an operator is expected to with the CDCCLs, we would like to clarify that paragraph
(h)requires that affected operators revise their copies of the airworthiness limitations document to include the CDCCL requirements. This is the only requirement imposed under this AD for CDCCLs; once this revision has been accomplished, compliance with paragraph
(h)of this AD has been completed. Subsequently, 14 CFR 91.403(c) requires an affected operator to comply with the revised Airworthiness Limitations document. Ensuring that one's maintenance program and the actions of its maintenance personnel are in accordance with the Airworthiness Limitations is required, but not by the AD. According to 14 CFR 91.403(c), no person may operate an aircraft for which airworthiness limitations have been issued unless those limitations have been complied with. Therefore, there is no need to further expand the requirements of the AD beyond that which was proposed because section 91.403(c) already imposes the appropriate required action after the airworthiness limitations are revised. We have not changed this AD in this regard. Change to Paragraph
(f)We have also clarified the compliance time in paragraph
(f)of this AD by adding the word “thereafter” to more clearly state that * * * the repetitive inspections must be accomplished thereafter * * *” Conclusion We have carefully reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Costs of Compliance This AD affects about 69 airplanes of U.S. registry. The required actions take about 2 work hours per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $11,040, or $160 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration
(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2007-21-14 Airbus:** Amendment 39-15232. Docket No. FAA-2007-27925; Directorate Identifier 2006-NM-183-AD. Effective Date
(a)This AD becomes effective November 20, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to all Airbus Model A310 series airplanes, certificated in any category. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections and critical design configuration control limitations (CDCCLs). Compliance with the operator maintenance documents is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections and CDCCLs, the operator may not be able to accomplish the inspections and CDCCLs 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
(j)of this AD. The request should include a description of changes to the required inspections and CDCCLs that will preserve the critical ignition source prevention feature of the affected fuel system. Unsafe Condition
(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors caused by latent failures, alterations, repairs, or maintenance actions, could result in fuel tank explosions and consequent loss of the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Revise Airworthiness Limitations Section
(ALS)To Incorporate Fuel Maintenance and Inspection Tasks
(f)Within 3 months after the effective date of this AD, revise the ALS of the Instructions for Continued Airworthiness to incorporate Airbus A310 ALS Part 5—Fuel Airworthiness Limitations, dated May 31, 2006, as defined in Airbus A310 Fuel Airworthiness Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007 (approved by the European Aviation Safety Agency
(EASA)on July 6, 2007), Section 1, “Maintenance/Inspection Tasks.” For all tasks identified in Section 1 of Document 95A.1930/05, the initial compliance times start from the later of the times specified in paragraphs (f)(1) and (f)(2) of this AD, and the repetitive inspections must be accomplished thereafter at the intervals specified in Section 1 of Document 95A.1930/05, except as provided by paragraph
(g)of this AD.
(1)The effective date of this AD.
(2)The date of issuance of the original French standard airworthiness certificate or the date of issuance of the original French export certificate of airworthiness. Note 2: Airbus Operator Information Telex SE 999.0079/07, Revision 01, dated August 14, 2007, identifies the applicable sections of the Airbus A310 airplane maintenance manual necessary for accomplishing the tasks specified in Section 1 of Document 95A.1930/05. Initial Compliance Time for Task 28-18-00-03-1
(g)For Task 28-18-00-03-1 identified in Section 1 of Document 95A.1930/05, “Maintenance/Inspection Tasks,” of Airbus A310 Fuel Airworthiness Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007 (approved by the EASA on July 6, 2007): The initial compliance time is the later of the times specified in paragraphs (g)(1) and (g)(2) of this AD. Thereafter, Task 28-18-00-03-1 must be accomplished at the repetitive interval specified in Section 1 of Document 95A.1930/05.
(1)Prior to the accumulation of 40,000 total flight hours.
(2)Within 72 months or 20,000 flight hours after the effective date of this AD, whichever occurs first. Revise ALS To Incorporate CDCCLs
(h)Within 12 months after the effective date of this AD, revise the ALS of the Instructions for Continued Airworthiness to incorporate Airbus A310 ALS Part 5—Fuel Airworthiness Limitations, dated May 31, 2006, as defined in Airbus A310 Fuel Airworthiness Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007 (approved by the EASA on July 6, 2007), Section 2, “Critical Design Configuration Control Limitations.” No Alternative Inspections, Inspection Intervals, or CDCCLs
(i)Except as provided by paragraph
(j)of this AD: After accomplishing the actions specified in paragraphs
(f)and
(h)of this AD, no alternative inspections, inspection intervals, or CDCCLs may be used. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.
(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. Related Information
(k)EASA airworthiness directive 2007-0096 R1, dated May 2, 2007, also addresses the subject of this AD. Material Incorporated by Reference
(l)You must use Airbus A310 ALS Part 5—Fuel Airworthiness Limitations, dated May 31, 2006; and Airbus A310 Fuel Airworthiness Limitations, Document 95A.1930/05, Issue 2, dated May 11, 2007; to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of these documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this service information. You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on October 5, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20221 Filed 10-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28909; Directorate Identifier 2007-NM-135-AD; Amendment 39-15230; AD 2007-21-12] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135BJ Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: It has been found cases in which some wiring harnesses were not protected in accordance with SFAR-88 (Special Federal Aviation Regulation No. 88) requirements. The potential of ignition sources, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective November 20, 2007. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 20, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2125; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on August 8, 2007 (72 FR 44435). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: It has been found cases in which some wiring harnesses were not protected in accordance with SFAR-88 (Special Federal Aviation Regulation No. 88) requirements. The potential of ignition sources, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. The corrective action includes installing heat shrinkable sleeves on the inspection and refueling panel illumination lights wiring, and installing nipples on the terminal lugs to protect the wire terminals. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect about 8 products of U.S. registry. We also estimate that it will take about 6 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $32 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $4,096, or $512 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.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 the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-21-12 Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Amendment 39-15230. Docket No. FAA-2007-28909; Directorate Identifier 2007-NM-135-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective November 20, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to EMBRAER Model EMB-135BJ airplanes, certificated in any category; as identified in EMBRAER Service Bulletin 145LEG-28-0016, Revision 01, dated June 27, 2005. Subject
(d)Air Transport Association
(ATA)of America Code 28: Fuel. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: It has been found cases in which some wiring harnesses were not protected in accordance with SFAR-88 (Special Federal Aviation Regulation No. 88) requirements. The potential of ignition sources, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. The corrective action includes installing heat shrinkable sleeves on the inspection and refueling panel illumination lights wiring, and installing nipples on the terminal lugs to protect the wire terminals. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Within 5,000 flight hours after the effective date of this AD, install heat shrinkable sleeves on the inspection and refueling panel illumination lights wiring, and install nipples on the terminal lugs to protect the wire terminals, in accordance with the detailed instructions and procedures in EMBRAER Service Bulletin 145LEG-28-0016, Revision 01, dated June 27, 2005.
(2)Actions done before the effective date of this AD in accordance with EMBRAER Service Bulletin 145LEG-28-0016, dated March 8, 2004, are acceptable for compliance with the corresponding actions of this AD. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-2125; fax
(425)227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI Brazilian Airworthiness Directive 2006-07-02, effective August 21, 2006, and EMBRAER Service Bulletin 145LEG-28-0016, Revision 01, dated June 27, 2005, for related information. Material Incorporated by Reference
(i)You must use EMBRAER Service Bulletin 145LEG-28-0016, Revision 01, dated June 27, 2005, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sa~o Jose dos Campos—SP, Brazil.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Renton, Washington, on October 5, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20222 Filed 10-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-28663; Directorate Identifier 2006-NM-223-AD; Amendment 39-15221; AD 2007-21-03] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300-600 Series Airplanes; and Model A310 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: * * * the FAA set-up in January 1999 an Ageing Transport Systems Rulemaking Advisory Committee (ATSRAC) to investigate the potential safety issues in aging aircraft as a result of wear and degradation in their operating systems. Under this plan, all Holders of type Certificates aircraft are required to conduct a design review, to preclude the occurrence of potential unsafe conditions as the aircraft aged. The unsafe condition is degradation of the fuel system, which could result in loss of the airplane. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective November 20, 2007. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 20, 2007. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. 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: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on July 10, 2007 (72 FR 37472). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: * * * the FAA issued in July 1996 an Aging Non-structural Systems plan to address the White House Commission an Aviation Safety and Security (WHCSS) report. To help fulfill the actions specified in this Aging Systems plan, the FAA set-up in January 1999 an Ageing Transport Systems Rulemaking Advisory Committee (ATSRAC) to investigate the potential safety issues in aging aircraft as a result of wear and degradation in their operating systems. Under this plan, all Holders of type Certificates aircraft are required to conduct a design review, to preclude the occurrence of potential unsafe conditions as the aircraft aged. Further to AIRBUS investigations on this subject, corrected measures intended to improve the design of A310 and A300-600 fleet against potential unsafe conditions as the aircraft aged, are rendered mandatory by this AD. The unsafe condition is degradation of the fuel system, which could result in loss of the airplane. The corrective actions include: • Modify emergency power electrical routing. • Inspect certain wire routes and do necessary corrective action (repair chafed or burned wiring, damaged clamps, and introduce self-vulcanizing silicone tape for wrapping the cable bundle at each clamping position). • Secure electrical routing. • Relocate temperature sensors and modify wires. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance Based on the service information, we estimate that this AD affects about 193 products of U.S. registry. We estimate that it takes about 267 work hours per product to comply with this AD. The average labor rate is $80 per work-hour. Required parts cost about $17,637 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 this AD to be $7,526,421, or $38,997 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: “Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, part A, subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://dms.dot.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2007-21-03 Airbus:** Amendment 39-15221. Docket No. FAA-2007-28663; Directorate Identifier 2006-NM-223-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective November 20, 2007. Affected ADs
(b)None. Applicability
(c)This AD applies to Airbus Model A300-600 series airplanes; and Model A310 series airplanes; certificated in any category; all certified models, all serial numbers. Subjects
(d)Electrical Power, Hydraulic Power, and Pneumatic. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: * * * the FAA issued in July 1996 an Aging Non-structural Systems plan to address the White House Commission an Aviation Safety and Security (WHCSS) report. To help fulfill the actions specified in this Aging Systems plan, the FAA set-up in January 1999 an Ageing Transport Systems Rulemaking Advisory Committee (ATSRAC) to investigate the potential safety issues in aging aircraft as a result of wear and degradation in their operating systems. Under this plan, all Holders of type Certificates aircraft are required to conduct a design review, to preclude the occurrence of potential unsafe conditions as the aircraft aged. Further to AIRBUS investigations on this subject, corrected measures intended to improve the design of A310 and A300-600 fleet against potential unsafe conditions as the aircraft aged, are rendered mandatory by this AD. The unsafe condition is degradation of the fuel system, which could result in loss of the airplane. The corrective actions include: Modify emergency power electrical routing; inspect certain wire routes and do necessary corrective action (repair chafed or burned wiring, damaged clamps, and introduce self-vulcanizing silicone tape for wrapping the cable bundle at each clamping position); secure electrical routing; and relocate temperature sensors and modify wires. Actions and Compliance
(f)Unless already done, do the following actions.
(1)For Model A310 series airplanes, having received Airbus Modification 05911 and/or Airbus Modification 05910, or having received application of Airbus Service Bulletin A310-24-2014 or A310-24-2099 in service; and Model A300-600 series airplanes having received in production Airbus Modification 06213, or having received application of Airbus Service Bulletin A300-24-6008 (Airbus Modification 06214) in service; except airplanes on which Airbus Modification 10510 has been embodied in production or airplanes on which Airbus Service Bulletin A310-24-2056, dated June 8, 1993; Revision 1, dated November 28, 1994; or Revision 02, dated June 9, 2006; or Airbus Service Bulletin A300-24-6045, dated June 8, 1993; Revision 1, dated June 2, 1994; Revision 2, dated August 11, 1994; Revision 3, dated November 28, 1994; Revision 4, dated May 5, 1995; or Revision 05, dated June 9, 2006; has been embodied in service: Within 36 months after the effective date of this AD, modify the emergency power electrical routing under floor at pressure seal interface plates between FR (frame) 52 and FR53, in accordance with the instructions given in Airbus Service Bulletin A310-24-2056, Revision 02, dated June 9, 2006; or A300-24-6045, Revision 05, dated June 9, 2006; as applicable.
(2)For Model A310 series airplanes, manufacturing serial number
(MSN)0162 up to 0706 included, and Model A300-600 series airplanes, MSN 0252 up to 0794 included; except airplanes on which the one-time detailed visual inspection in accordance with Airbus Service Bulletin A310-24-2079, dated March 28, 2000; or Revision 01, dated April 27, 2006; or Airbus Service Bulletin A300-24-6069, dated March 28, 2000; or Revision 01, dated April 27, 2006; has been performed in service: Within 36 months after the effective date of this AD, perform a one-time detailed visual inspection of the electrical routes 1P and 2P between the rear panel 120VU (volt unit) and the circuit breaker panel 800VU located in the forward compartment and in case of finding, before further flight, repair chafed or burned wiring, damaged clamps and introduce self-vulcanizing silicone tape for wrapping the cable bundle of each clamping position, in accordance with the instructions given in Airbus Service Bulletin A310-24-2079, Revision 01, dated April 27, 2006; or Airbus Service Bulletin A300-24-6069, Revision 01, dated April 27, 2006; as applicable.
(3)For Model A310 series airplanes, equipped with Eaton (formerly Vickers) electrical pumps, except airplanes on which Airbus Modification 10017 has been embodied in production or airplanes on which Airbus Service Bulletin A310-29-2036, dated August 10, 1992; Revision 1, dated December 16, 1992; Revision 2, dated September 20, 1993; or Revision 03, dated June 9, 2006; have been embodied in service: Within 36 months after the effective date of this AD, secure the electrical routing 1P, 2P, and the hydraulic line running to pump 11GE, in the hydraulic bay at FR54 by changing the routes and by adding a spacer and a clamp to prevent any chafing between them, in accordance with the instructions given in Airbus Service Bulletin A310-29-2036, Revision 03, dated June 9, 2006.
(4)For Model A310 series airplanes, except airplanes on which Airbus Modification 06447 has been embodied in production or airplanes on which Airbus Service Bulletin A310-36-2010, Revision 2, dated September 26, 1989; or Revision 03, dated May 24, 2006; have been embodied in service: Within 36 months after the effective date of this AD, relocate the temperature sensors and modify the associated wires in accordance with the instructions of Airbus Service Bulletin A310-36-2010, Revision 03, dated May 24, 2006.
(5)Actions done before the effective date of this AD in accordance with any applicable service bulletin in Table 1 of this AD are acceptable for compliance with the corresponding provisions of paragraph
(f)of this AD. Table 1.—Acceptable Earlier Revisions of Service Bulletins Airbus service bulletin Revision level Date A300-24-6045 Original June 8, 1993. 1 June 2, 1994. 2 August 11, 1994. 3 November 28, 1994. 4 May 5, 1995. A300-24-6069 Original March 28, 2000. A310-24-2056 Original June 8, 1993. 1 November 28, 1994. A310-24-2079 Original March 28, 2000. A310-29-2036 1 December 16, 1992. 2 September 20, 1993. A310-36-2010 2 September 26, 1989. 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, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington; telephone
(425)227-1622; fax
(425)227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI EASA Airworthiness Directive 2006-0285R1, dated November 13, 2006, and the Airbus Service Bulletins in Table 2 of this AD for related information. Table 2.—Airbus Service Bulletins Service bulletin Revision level Date A300-24-6045 05 June 9, 2006. A300-24-6069 01 April 27, 2006. A310-24-2056 02 June 9, 2006. A310-24-2079 01 April 27, 2006. A310-29-2036 03 June 9, 2006. A310-36-2010 03 May 24, 2006. Material Incorporated by Reference
(i)You must use the service information specified in Table 3 of this AD to do the actions required by this AD, unless the AD specifies otherwise. Airbus Service Bulletin A310-24-2014, Revision 7, dated January 17, 1990, contains the following effective pages: Page number Revision level shown on page Date shown on page 1, 687-688, 858, 946, 1067-1068 7 January 17, 1990. 2-2a, 8a-9, 11-16, 19-20, 671-686, 689-690, 692, 694, 696, 698-699, 701-704, 707-710, 714-715, 717-720, 724-729, 732-752, 754-834, 837-849, 851-852, 855-857, 859-860, 863-874, 877-882, 885-896, 903-928, 937-945, 947-980, 987-990, 993-994, 997-1004, 1007-1016, 1023-1024, 1027-1030, 1033-1058, 1061-1062, 1065-1066, 1069-1082, 1085-1086, 1089-1100, 1103-1112, 1115-1116, 1118-1119, 1122-1127, 1129-1131 5 November 20, 1989. 3-7, 10, 17-18, 21, 23-92, 95-102, 109-117, 119-122, 124-127, 129-131, 134-135, 137-140, 142, 145-146, 149-151, 154-168, 172-174, 176-177a, 177f, 178-264, 266, 268, 270, 273-276, 279-282, 287-292, 294, 303-322, 325-327, 329-335, 337-358, 361-362, 365-374, 377-395, 397-408, 411-432, 435-436, 439-446, 451-454, 457-458, 467-472, 477-478, 487-494, 497-504, 511-514, 517-522, 525-528, 533-542, 551-560, 563-572, 577-580, 583-608, 611-612, 614-616 2 September 22, 1986. 8, 103-104, 106-107, 133, 136, 141, 143-144, 152, 169-171, 175, 177c-177e, 265, 271-272, 277-278, 285-286, 293, 295-300, 323-324, 328, 359-360, 363-364, 409-410, 447-450, 461-464, 473-476, 495-496, 505-506, 547-550, 573-574, 609-610, 613, 617-659, 662, 664-670 3 January 22, 1987. 22, 93-94a, 105, 108, 118, 123, 128, 132, 147-148, 153-153b, 177b, 177g-177k, 267, 269, 283-284, 301-302, 336-336b, 375-376, 396, 433-434, 437-438, 455-456, 459-460, 465-466, 479-486, 507-510, 515-516, 523-524, 529-532, 543-546, 561-562, 575-576, 581-582, 660-661, 663 4 March 30, 1987. 691, 693, 695, 697, 700, 705-706, 711-713, 716, 721-723, 730-731, 753, 835-836, 850, 853-854, 861-862a, 875-876, 883-884, 897-902, 929-936, 981-986, 991-992, 995-996, 1005-1006, 1017-1022, 1025-1026, 1031-1032, 1059-1060, 1063-1064, 1083-1084, 1087-1088, 1101-1102, 1113-1114, 1117, 1120-1121, 1128 6 March 28, 1989.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Table 3.—Material Incorporated by Reference Airbus service bulletin Revision level Date A300-24-6045 05 June 9, 2006. A300-24-6069 01 April 27, 2006. A310-24-2014 7 January 17, 1990. A310-24-2056 02 June 9, 2006. A310-24-2079 01 April 27, 2006. A310-24-2099, including Appendices A, B, and C 01 October 4, 2006. A310-29-2036 03 June 9, 2006. A310-36-2010 03 May 24, 2006. Issued in Renton, Washington, on September 21, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7-20027 Filed 10-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30575; Amdt. No. 3240] Standard Instrument Approach Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This rule amends Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes in the National Airspace System, such as the commissioning of new navigational facilities, adding of new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective October 16, 2007. The compliance date for each SIAP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of October 16, 2007. ADDRESSES: Availability of matter incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: * http://www.archives. gov/federal_register/code_of_federal_regulations/ibr_locations.html * . *Availability* —All SIAPs are available online free of charge. Visit *nfdc.faa.gov* to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone:
(405)954-4164. SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (FDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference in the amendment under 5 U.S.C. 552(a), 1 CFR part 51, and § 97.20 of Title 14 of the Code of Federal Regulations. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the **Federal Register** expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained in FAA form documents is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAP and the corresponding effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP as modified by FDC/P-NOTAMs. The SIAPs, as modified by FDC P-NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for all these SIAP amendments requires making them effective in less than 30 days. Because of the close and immediate relationship between these SIAPs and safety in air commerce, I find that notice and public procedure before adopting these SIAPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making these SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC, on October 5, 2007. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, Part 97, 14 CFR part 97, is amended by amending Standard Instrument Approach Procedures, effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended] By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, ISMLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows: * * * Effective Upon Publication FDC date State City Airport FDC no. Subject 09/26/07 OH Toledo Metcalf Field 7/8560 Takeoff minimums and obstacle departure procedures, AMDT 2. [FR Doc. E7-20210 Filed 10-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30574; Amdt. No. 3239] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This Rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. DATES: This rule is effective October 16, 2007. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of October 16, 2007. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: *For Examination* — 1. FAA Rules Docket, FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . *Availability* —All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit *nfdc.faa.gov* to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from: 1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Harry. J. Hodges, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City, OK. 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK. 73125) telephone:
(405)954-4164. SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or revoking SIAPs, Takeoff Minimums and/or ODPs. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A. The large number of SIAPs, Takeoff Minimums and ODPs, in addition to their complex nature and the need for a special format make publication in the **Federal Register** expensive and impractical. Furthermore, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA forms is unnecessary. This amendment provides the affected CFR sections and specifies the types of SIAPs and the effective dates of the SIAPs, the associated Takeoff Minimums, and ODPs. This amendment also identifies the airport and its location, the procedure, and the amendment number. The Rule This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as contained in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center
(FDC)Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts. The circumstances which created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided. Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure before adopting these SIAPs, Takeoff Minimums and ODPs are impracticable and contrary to the public interest and, where applicable, that good cause exists for making some SIAPs effective in less than 30 days. Conclusion The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 97 Air Traffic Control, Airports, Incorporation by reference, and Navigation (Air). Issued in Washington, DC on October 5, 2007. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, under Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or revoking Standard Instrument Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows: PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722. 2. Part 97 is amended to read as follows: Effective 22 NOV 2007 Hyannis, MA, Barnstable Muni-Boardman/Polando Field, VOR RWY 6, Amdt 9 Atlantic City, NJ, Atlantic City International, COPTER ILS OR LOC/DME RWY 13, Amdt 1A Franklin, PA, Venango Regional, RNAV
(GPS)RWY 3, Amdt 1 Effective 20 DEC 2007 Scottsboro, AL, Scottsboro Muni-Word Field, RNAV
(GPS)RWY 4, Orig Scottsboro, AL, Scottsboro Muni-Word Field, RNAV
(GPS)RWY 22, Orig Scottsboro, AL, Scottsboro Muni-Word Field, Takeoff Minimums and Obstacle DP, Orig New Stuyahok, AK, New Stuyahok, RNAV
(GPS)RWY 14, Orig New Stuyahok, AK, New Stuyahok, RNAV
(GPS)RWY 32, Orig New Stuyahok, AK, New Stuyahok, RNAV
(GPS)RWY 34, Orig, CANCELLED New Stuyahok, AK, New Stuyahok, RNAV
(GPS)RWY 16, Orig, CANCELLED New Stuyahok, AK, New Stuyahok, Takeoff Minimums and Obstacle DP, Amdt 1 Tanana, AK, Ralph M Calhoun Meml, VOR/DME RWY 7, Amdt 2 Tanana, AK, Ralph M Calhoun Meml, VOR-A, Amdt 7A, CANCELLED Tanana, AK, Ralph M Calhoun Meml, Takeoff Minimums and Obstacle DP, Amdt 1 Concord, CA, Buchanan Field, Takeoff Minimums and Obstacle DP, Amdt 2 Murrieta/Temecula, CA, French Valley, RNAV
(GPS)RWY 18, Amdt 1 Springfield, CO, Springfield Muni, RNAV
(GPS)RWY 17, Orig Springfield, CO, Springfield Muni, Takeoff Minimums and Textual DP, Orig Lakeland, FL, Lakeland Linder Regional, RNAV
(GPS)RWY 5, Orig Lakeland, FL, Lakeland Linder Regional, RNAV
(GPS)RWY 23, Orig Lakeland, FL, Lakeland Linder Regional, GPS RWY 23, Orig, CANCELLED Baxley, GA, Baxley Muni, RNAV
(GPS)RWY 26, Orig Baxley, GA, Baxley Muni, Takeoff Minimums and Obstacle DP, Orig Cordele, GA, Crisp County-Cordele, RNAV
(GPS)RWY 5, Orig Cordele, GA, Crisp County-Cordele, RNAV
(GPS)RWY 23, Orig Cordele, GA, Crisp County-Cordele, VOR/DME RWY 23, Amdt 11 Cordele, GA, Crisp County-Cordele, NDB OR GPS RWY 10, Amdt 4B CANCELLED Dublin, GA, W H ‘Bud’ Barron, ILS OR LOC RWY 2, Amdt 2 Dublin, GA, W H ‘Bud’ Barron, RNAV
(GPS)RWY 2, Orig Dublin, GA, W H ‘Bud’ Barron, RNAV
(GPS)RWY 20, Orig Dublin, GA, W H ‘Bud’ Barron, VOR-A, Amdt 4 Dublin, GA, W H ‘Bud’ Barron, GPS RWY 2, Orig (CANCELLED) Dublin, GA, W H ‘Bud’ Barron, GPS RWY 20, Orig (CANCELLED) Eastman, GA, Heart of Georgia Regional, ILS OR LOC RWY 2, Amdt 1 Eastman, GA, Heart of Georgia Regional, RNAV
(GPS)RWY 2, Amdt 1 Eastman, GA, Heart of Georgia Regional, RNAV
(GPS)RWY 20, Amdt 1 Eastman, GA, Heart of Georgia Regional, NDB RWY 2, Amdt 2 Eastman, GA, Heart of Georgia Regional, VOR/DME-A, Amdt 8 Macon, GA, Macon Downtown, RNAV
(GPS)RWY 10, Orig Macon, GA, Macon Downtown, RNAV
(GPS)RWY 28, Orig Macon, GA, Macon Downtown, LOC RWY 10, Amdt 6 Macon, GA, Macon Downtown, VOR/DME-B, Amdt 3 Macon, GA, Macon Downtown, VOR-A, Amdt 6 McRae, GA, Telfair-Wheeler, RNAV
(GPS)RWY 21, Orig McRae, GA, Telfair-Wheeler, NDB RWY 21, Amdt 9 McRae, GA, Telfair-Wheeler, Takeoff Minimums and Obstacle DP, Orig Milledgeville, GA, Baldwin County, RNAV
(GPS)RWY 10, Orig Milledgeville, GA, Baldwin County, RNAV
(GPS)RWY 28, Orig Milledgeville, GA, Baldwin County, NDB RWY 28, Amdt 2 Milledgeville, GA, Baldwin County, GPS RWY 10, Orig-B, CANCELLED Milledgeville, GA, Baldwin County, GPS RWY 28, Orig-B, CANCELLED Perry, GA, Perry-Houston County, Takeoff Minimums and Obstacle DP, Orig Swainsboro, GA, Emanuel County, RNAV
(GPS)RWY 13, Orig Swainsboro, GA, Emanuel County, RNAV
(GPS)RWY 31, Orig Swainsboro, GA, Emanuel County, LOC/NDB RWY 13, Amdt 1 Swainsboro, GA, Emanuel County, NDB RWY 13, Amdt 1 Swainsboro, GA, Emanuel County, VOR/DME-A, Amdt 3 Swainsboro, GA, Emanuel County, Takeoff Minimums and Obstacle DP, Amdt 1 Paris, IL, Edgar County, RNAV
(GPS)RWY 9, Orig Paris, IL, Edgar County, RNAV
(GPS)RWY 27, Orig Paris, IL, Edgar County, NDB RWY 27, Amdt 10 Paris, IL, Edgar County, Takeoff Minimums and Obstacle DP, Orig Hartford, KY, Ohio County, Takeoff Minimums and Obstacle DP, Orig Detroit, MI, Coleman A. Young Muni, Takeoff Minimums and Obstacle DP, Amdt 6 South St Paul, MN, South St Paul Muni-Richard E Fleming Field, LOC RWY 34, Amdt 1 South St Paul, MN, South St Paul Muni-Richard E Fleming Field, Takeoff Minimums and Obstacle DP, Orig St Louis, MO, Lambert-St Louis Intl, VOR RWY 6, Orig-A, CANCELLED St Louis, MO, Lambert-St Louis Intl, VOR RWY 24, Orig-A, CANCELLED Columbia, MS, Columbia-Marion County, Takeoff Minimums and Obstacle DP, Orig Princeton/Rocky Hill, NJ, Princeton, VOR/DME RNAV OR GPS RWY 10, Amdt 3, CANCELLED Casselton, ND, Casselton Robert Miller Rgnl, RNAV
(GPS)RWY 13, Orig Casselton, ND, Casselton Robert Miller Rgnl, RNAV
(GPS)RWY 31, Orig Casselton, ND, Casselton Robert Miller Rgnl, VOR/DME RWY 31, Amdt 1 Casselton, ND, Casselton Robert Miller Rgnl, Takeoff Minimums and Obstacle DP, Orig Washington Court House, OH, Fayette County, RNAV
(GPS)RWY 23, Orig Washington Court House, OH, Fayette County, NDB RWY 23, Amdt 5 Washington Court House, OH, Fayette County, GPS RWY 23, Orig-A, CANCELLED Washington Court House, OH, Fayette County, Takeoff Minimums and Obstacle DP, Amdt 2 Oklahoma City, OK, Wiley Post, Takeoff Minimums and Obstacle DP, Amdt 4 Pendleton, OR, Eastern Oregon Regional at Pendleton, ILS OR LOC/DME RWY 25, Amdt 24 Allentown, PA, Allentown/Queen City Muni, RNAV
(GPS)RWY 7, Orig Allentown, PA, Allentown/Queen City Muni, VOR-B, Amdt 7 Allentown, PA, Allentown/Queen City Muni, GPS RWY 7, Orig, CANCELLED Collegeville, PA, Perkiomen Valley, Takeoff Minimums and Obstacle DP, Orig Barnwell, SC, Barnwell Rgnl, RNAV
(GPS)RWY 35, Orig Union City, TN, Everett-Stewart, VOR/DME-A, Amdt 8 Culpeper, VA, Culpeper Regional, Takeoff Minimums and Obstacle DP, Orig New Richmond, WI, New Richmond Regional, RNAV
(GPS)RWY 14, Amdt 1 New Richmond, WI, New Richmond Regional, RNAV
(GPS)RWY 32, Amdt 1 New Richmond, WI, New Richmond Regional, NDB RWY 14, Amdt 3 New Richmond, WI, New Richmond Regional, Takeoff Minimums and Obstacle DP, Orig Prairie Du Sac, WI, Sauk-Prairie, RNAV
(GPS)RWY 18, Orig Prairie Du Sac, WI, Sauk-Prairie, RNAV
(GPS)RWY 36, Orig Prairie Du Sac, WI, Sauk-Prairie, Takeoff Minimums and Obstacle DP, Orig Charleston, WV, Yeager, RADAR-1, Amdt 12A, CANCELLED Hulett, WY, Hulett Muni, RNAV (GPS)-A, Orig Hulett, WY, Hulett Muni, Takeoff Minimums and Obstacle DP, Orig Jackson, WY, Jackson Hole, ILS OR LOC Z RWY 19, Orig Effective 14 FEB 2008 San Francisco, CA, San Francisco Intl, RNAV
(GPS)X RWY 10R, Orig-B Clinton, MD, Washington Executive/Hyde Field, Takeoff Minimums and Obstacle DP, Orig [FR Doc. E7-20212 Filed 10-15-07; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR PARTS 10, 24, 102, 162, 163, and 178 USCBP-2007-0063 CBP Dec. 07-81 RIN 1505-AB81 United States-Bahrain Free Trade Agreement AGENCIES: Bureau of Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Interim regulations; solicitation of comments. SUMMARY: This document amends the U.S. Customs and Border Protection (“CBP”) regulations on an interim basis to implement the preferential tariff treatment and other customs-related provisions of the United States-Bahrain Free Trade Agreement entered into by the United States and the Kingdom of Bahrain. DATES: Interim rule effective October 16, 2007; comments must be received by December 17, 2007. ADDRESSES: You may submit comments, identified by docket number, by one of the following methods: • *Federal eRulemaking Portal* : *http://www.regulations.gov* . Follow the instructions for submitting comments via docket number USCBP-2007-0063. • *Mail:* Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229. *Instructions:* All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to *http://www.regulations.gov,* including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document. *Docket* : For access to the docket to read background documents or comments received, go to *http://www.regulations.gov* . Submitted comments may also be inspected during regular business days between the hours of 9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. Customs and Border Protection, 799 9th Street, NW. (5th Floor), Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at
(202)572-8768. FOR FURTHER INFORMATION CONTACT: *Textile Operational Aspects:* Robert Abels, Office of International Trade,
(202)344-1959. *Other Operational Aspects* : Seth Mazze, Office of International Trade,
(202)344-2634. *Audit Aspects:* Mark Hanson, Office of International Trade,
(202)863-3065. *Legal Aspects:* Holly Files, Office of International Trade,
(202)572-8817. SUPPLEMENTARY INFORMATION: Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the interim rule. CBP also invites comments that relate to the economic, environmental, or federalism effects that might result from this interim rule. Comments that will provide the most assistance to CBP will reference a specific portion of the interim rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. See ADDRESSES above for information on how to submit comments. Background On September 14, 2004, the United States and the Kingdom of Bahrain (the “Parties”) signed the U.S.-Bahrain Free Trade Agreement (“BFTA” or “Agreement”). The stated objectives of the BFTA include creating new employment opportunities and raising the standard of living for the citizens of the Parties by liberalizing and expanding trade between them; enhancing the competitiveness of the enterprises of the Parties in global markets; establishing clear and mutually advantageous rules governing trade between the Parties; eliminating bribery and corruption in international trade and investment; fostering creativity and innovation by improving technology and enhancing the protection and enforcement of intellectual property rights; strengthening the development and enforcement of labor and environmental laws and policies; and establishing an expanded free trade area in the Middle East, thereby contributing to economic liberalization and development in the region. The provisions of the BFTA were adopted by the United States with the enactment of the United States-Bahrain Free Trade Agreement Implementation Act (the “Act”), Public Law 109-169, 119 Stat. 3581 (19 U.S.C. 3805 note), on January 11, 2006. Section 205 of the Act requires that regulations be prescribed as necessary. On July 27, 2006, the President signed Proclamation 8039 to implement the provisions of the BFTA. The proclamation, which was published in the **Federal Register** on August 1, 2006 (71 FR 43635), modified the Harmonized Tariff Schedule of the United States (“HTSUS”) as set forth in Annexes I and II of Publication 3830 of the U.S. International Trade Commission. The modifications to the HTSUS included the addition of new General Note 30, incorporating the relevant BFTA rules of origin as set forth in the Act, and the insertion throughout the HTSUS of the preferential duty rates applicable to individual products under the BFTA where the special program indicator “BH” appears in parenthesis in the “Special” rate of duty subcolumn. The modifications to the HTSUS also included a new Subchapter XIV to Chapter 99 to provide for temporary tariff rate quotas and applicable safeguards implemented by the BFTA. U.S. Customs and Border Protection (“CBP”) is responsible for administering the provisions of the BFTA and the Act that relate to the importation of goods into the United States from Bahrain. Those customs-related BFTA provisions that require implementation through regulation include certain tariff and non-tariff provisions within Chapter One (Initial Provisions and Definitions), Chapter Two (National Treatment and Market Access for Goods), Chapter Three (Textiles and Apparel), Chapter Four (Rules of Origin), and Chapter Five (Customs Administration). These implementing regulations incorporate certain general definitions set forth in Article 1.3 of the BFTA. These regulations also implement Article 2.6 (Goods Re-entered After Repair or Alteration) of Chapter Two of the BFTA. Chapter Three of the BFTA sets forth the measures relating to trade in textile and apparel goods between Bahrain and the United States under the BFTA. The provisions within Chapter Three that require regulatory action by CBP are Article 3.2 (Rules of Origin and Related Matters), Article 3.3 (Customs Cooperation), and Article 3.4 (Definitions). Chapter Four of the BFTA sets forth the rules for determining whether an imported good qualifies as an originating good of the United States or Bahrain (BFTA Party) and, as such, is therefore eligible for preferential tariff (duty-free or reduced duty) treatment as specified in the Agreement. Under Article 4.1, originating goods may be grouped in three broad categories:
(1)Goods that are wholly the growth, product, or manufacture of one or both of the Parties;
(2)goods (other than those covered by the product-specific rules set forth in Annex 3-A or Annex 4-A) that are new or different articles of commerce that have been grown, produced, or manufactured in the territory of one or both of the Parties, and that have a minimum value-content, *i.e.* , at least 35 percent of the good's appraised value must be attributed to the cost or value of materials produced in one or both of the Parties plus the direct costs of processing operations performed in one or both of the Parties; and
(3)goods that satisfy the product-specific rules set forth in Annex 3-A (textile or apparel goods) or Annex 4-A (certain non-textile or non-apparel goods). Article 4.2 explains that the term “new or different article of commerce” means a good that has been substantially transformed from a good or material that is not wholly the growth, product, or manufacture of one or both of the Parties and that has a new name, character, or use distinct from the good or material from which it was transformed. Article 4.3 provides that a good will not be considered to be a new or different article of commerce as the result of undergoing simple combining or packaging operations, or mere dilution with water or another substance that does not materially alter the characteristics of the good. Article 4.4 provides for the accumulation of production in the territory of one or both of the Parties in determining whether a good qualifies as originating under the BFTA. Articles 4.5 and 4.6 set forth the rules for calculating the value of materials and the direct costs of processing operations, respectively, for purposes of determining whether a good satisfies the 35 percent value-content requirement. Articles 4.7 through 4.9 consist of additional sub-rules applicable to originating goods, involving retail packaging materials, packing materials for shipment, indirect materials, and transit and transshipment. In addition, Articles 4.10 and 4.11 set forth the procedural requirements that apply under the BFTA, in particular with regard to importer claims for preferential tariff treatment. Article 4.14 provides definitions of certain terms used in Chapter Four of the BFTA. The basic rules of origin in Chapter Four of the BFTA are set forth in General Note 30, HTSUS. Chapter Five sets forth the customs operational provisions related to the implementation and administration of the BFTA. In order to provide transparency and facilitate their use, the majority of the BFTA implementing regulations set forth in this document have been included within new Subpart N in Part 10 of the CBP regulations (19 CFR Part 10). However, in those cases in which BFTA implementation is more appropriate in the context of an existing regulatory provision, the BFTA regulatory text has been incorporated in an existing Part within the CBP regulations. In addition, this document sets forth several cross-references and other consequential changes to existing regulatory provisions to clarify the relationship between those existing provisions and the new BFTA implementing regulations. The regulatory changes are discussed below in the order in which they appear in this document. Discussion of Amendments Part 10 Section 10.31(f) concerns temporary importations under bond. It is amended by adding references to certain goods originating in Bahrain for which, like goods originating in Canada, Mexico, Singapore, Chile, and Morocco, no bond or other security will be required when imported temporarily for prescribed uses. The provisions of BFTA Article 2.5 (temporary admission of goods) are already reflected in existing temporary importation bond or other provisions contained in Part 10 of the CBP regulations and in Chapter 98 of the HTSUS. Part 10, Subpart N General Provisions Section 10.801 outlines the scope of new Subpart N, Part 10. This section also clarifies that, except where the context otherwise requires, the requirements contained in Subpart N, Part 10 are in addition to general administrative and enforcement provisions set forth elsewhere in the CBP regulations. Thus, for example, the specific merchandise entry requirements contained in Subpart N, Part 10 are in addition to the basic entry requirements contained in Parts 141-143 of the CBP regulations. Section 10.802 sets forth definitions of common terms used in multiple contexts or places within Subpart N, Part 10. Although the majority of the definitions in this section are based on definitions contained in Article 1.3 of the BFTA and § 3 of the Act, other definitions have also been included to clarify the application of the regulatory texts. Additional definitions which apply in a more limited Subpart N, Part 10 context are set forth elsewhere with the substantive provisions to which they relate. Import Requirements Section 10.803 sets forth the procedure for claiming BFTA tariff benefits at the time of entry. Section 10.804, as provided in BFTA Article 4.10(b), requires a U.S. importer, upon request, to submit a declaration setting forth all pertinent information concerning the growth, production, or manufacture of the good. Included in § 10.804 is a provision that the declaration may be used either for a single importation or for multiple importations of identical goods. Section 10.805 sets forth certain importer obligations regarding the truthfulness of information and documents submitted in support of a claim for preferential tariff treatment under the BFTA. As provided in BFTA Article 4.10(a), this section states that a U.S. importer who makes a claim for preferential tariff treatment for a good is deemed to have certified that the good qualifies for such treatment. Section 10.806 provides that the importer's declaration is not required for certain non-commercial or low-value importations. Section 10.807 implements the portion of BFTA Article 4.10 concerning the maintenance of records necessary for the preparation of the declaration. Section 10.808, which is based on BFTA Article 4.11.1, provides for the denial of BFTA tariff benefits if the importer fails to comply with any of the requirements of Subpart N, Part 10, CBP regulations. Rules of Origin Sections 10.809 through 10.817 provide the implementing regulations regarding the rules of origin provisions of General Note 30, HTSUS, Article 3.2 and Chapter Four of the BFTA, and § 202 of the Act. Definitions Section 10.809 sets forth terms that are defined for purposes of the rules of origin. CBP notes that, pursuant to letters of understanding exchanged between the Parties on September 14, 2004, in determining whether a good meets the definition of a “new or different article of commerce” in paragraph
(i)of § 10.809, the United States should be guided by the provisions of Part 102 of the CBP regulations (19 CFR Part 102). General Rules of Origin Section 10.810 includes the basic rules of origin established in Article 4.1 of the BFTA, section 202(b) of the Act, and General Note 30(b), HTSUS. Paragraph
(a)of § 10.810 sets forth the three basic categories of goods that are considered originating goods under the BFTA. Paragraph (a)(1) of § 10.810 specifies those goods that are considered originating goods because they are wholly the growth, product, or manufacture of one or both of the Parties. Paragraph (a)(2) provides that goods are considered originating goods if they:
(1)Are new or different articles of commerce that have been grown, produced, or manufactured in the territory of one or both of the Parties as determined by application of the provisions of § 102.1 through § 102.21 of the CBP regulations (19 CFR 102.1 102.21);
(2)are classified in HTSUS provisions that are not covered by the product-specific rules set forth in General Note 30(h), HTSUS; and
(3)meet a 35 percent domestic-content requirement. Finally, paragraph (a)(3) states that goods are considered originating goods if:
(1)They are classified in HTSUS provisions that are covered by the product-specific rules set forth in General Note 30(h), HTSUS;
(2)each non-originating material used in the production of the good in the territory of one or both of the Parties undergoes an applicable change in tariff classification or otherwise satisfies the requirements specified in General Note 30(h), HTSUS; and
(3)the goods meet any other requirements specified in General Note 30, HTSUS. Paragraph
(b)of § 10.810 sets forth the basic rules that apply for purposes of determining whether a good satisfies the 35 percent domestic-content requirement referred to in § 10.810(a)(2). Paragraph
(c)of § 10.810 implements Article 4.3 of the BFTA, relating to the simple combining or packaging or mere dilution exceptions to the “new or different article of commerce” requirement of § 10.810(a)(2). Since the language in Article 4.3 of the BFTA (and § 202(i)(7)(B) of the Act) is nearly identical to the language found in § 213(a)(2) of the Caribbean Basin Economic Recovery Act (“CBERA”) (19 U.S.C. 2703(a)(2)), § 10.810(c) incorporates by reference the examples and principles set forth in § 10.195(a)(2) of CBP's implementing CBERA regulations. Originating Textile or Apparel Goods Section 10.811(a), as provided for in Article 3.2.6 of the BFTA, sets forth a *de minimis* rule for certain textile or apparel goods that may be considered to qualify as originating goods even though they fail to satisfy the applicable change in tariff classification set out in General Note 30(h). This paragraph also includes an exception to the *de minimis* rule. Section 10.811(b), which is based on Article 3.2.7 of the BFTA, sets forth a special rule for textile or apparel goods classifiable under General Rule of Interpretation 3, HTSUS, as goods put up in sets for retail sale. Accumulation Section 10.812, which is derived from BFTA Article 4.4, sets forth the rule by which originating goods or materials from the territory of a Party that are used in the production of a good in the territory of the other Party will be considered to originate in the territory of such other Party. In addition, this section also establishes that a good or material that is produced by one or more producers in the territory of one or both of the Parties is an originating good or material if the article satisfies all of the applicable requirements of the rules of origin of the BFTA. Value of Materials Section 10.813 implements Article 4.5 of the BFTA, relating to the calculation of the value of materials that may be applied toward satisfaction of the 35 percent value-content requirement. Direct Costs of Processing Operations Section 10.814, which reflects Article 4.6 of the BFTA, sets forth provisions regarding the calculation of direct costs of processing operations for purposes of the 35 percent value-content requirement. Packaging and Packing Materials and Containers for Retail Sale and for Shipment Section 10.815 is based on Article 4.7 of the BFTA and provides that retail packaging materials and packing materials for shipment are to be disregarded in determining whether a good qualifies as originating under the BFTA, except to the extent that the value of such packaging and packing materials may be included for purposes of meeting the 35 percent value-content requirement. Indirect Materials Section 10.816, which is derived from Article 4.8 of the BFTA, provides that indirect materials will be disregarded in determining whether a good qualifies as an originating good under the BFTA, except to the extent that the cost of such indirect materials may be included toward satisfying the 35 percent value-content requirement. Imported Directly Section 10.817(a) sets forth the basic rule, found in Article 4.1 of the BFTA, that a good must be imported directly from the territory of a Party into the territory of the other Party to qualify as an originating good under the BFTA. This paragraph further provides that, as set forth in Article 4.9 of the BFTA, a good will not be considered to be imported directly if, after exportation from the territory of a Party, the good undergoes production, manufacturing, or any other operation outside the territories of the Parties, other than certain minor operations. Paragraph
(b)of § 10.817 provides that an importer making a claim for preferential tariff treatment under the BFTA may be required to demonstrate, through the submission of documentary evidence, that the “imported directly” requirement was satisfied. Tariff Preference Level Section 10.818 sets forth the procedures for claiming BFTA tariff benefits for non-originating fabric, apparel, or made-up goods entitled to preference under an applicable tariff preference level (“TPL”). Section 10.819, which is based on Articles 3.2.8(a) through 3.2.8(d), describes the non-originating fabric, apparel, and made-up goods that are eligible for TPL claims under the BFTA. Section 10.820 is based on Article 3.2.10 of the BFTA and establishes that, at the written request of the Government of Bahrain, CBP will require an importer claiming preferential treatment on a non-originating cotton or man-made fiber good specified in § 10.819 to submit a certificate of eligibility. Section 10.821 reflects Article 3.2.11 of the BFTA. Paragraph
(a)of § 10.821 provides that an importer claiming preferential treatment on a non-originating cotton or man-made fiber good specified in § 10.819 must submit, at the request of the port director, a declaration setting forth all pertinent production information. Paragraph
(b)of § 10.821 requires that an importer must retain all records relied upon to prepare the declaration for a period of five years. Section 10.822 establishes that non-originating fabric or apparel goods are entitled to preferential tariff treatment under an applicable TPL only if they are imported directly from the territory of a Party into the territory of the other Party. Section 10.823 provides for the denial of a TPL claim if the importer fails to comply with any applicable requirement under Subpart N, Part 10, CBP regulations, including the failure to provide documentation, when requested by CBP, establishing that the good was imported directly from the territory of a Party into the territory of the other Party. Origin Verifications and Determinations Sections 10.824 implements BFTA Article 4.11.2 by providing that a claim for BFTA preferential tariff treatment, including any information submitted in support of the claim, will be subject to such verification as CBP deems necessary. This section further sets forth the circumstances under which a claim may be denied based on the results of the verification. Section 10.825 implements BFTA Article 4.11.3 by providing that CBP will issue a determination to the importer when CBP determines that a claim for BFTA preferential tariff treatment should be denied based on the results of a verification. This section also prescribes the information required to be included in the determination. Penalties Section 10.826 concerns the general application of penalties to BFTA transactions and is based on BFTA Article 5.9. Goods Returned After Repair or Alteration Section 10.827 implements BFTA Article 2.6 regarding duty treatment of goods re-entered after repair or alteration in Bahrain. Part 24 A paragraph is added to § 24.23(c), which concerns the merchandise processing fee
(MPF)to implement § 203 of the Act, providing that the MPF is not applicable to goods that qualify as originating goods as provided for under § 202 of the Act. Part 102 Part 102 contains regulations regarding the rules for determining the country of origin of imported goods for various purposes. Section 102.0, which sets forth the scope of Part 102, is amended to notify readers that the rules of §§ 102.1 through 102.21 will be used for purposes of determining whether a good is considered a new and different article of commerce under the BFTA. Part 162 Part 162 contains regulations regarding the inspection and examination of, among other things, imported merchandise. A cross-reference is added to § 162.0, which is the scope section of the part, to refer readers to the additional BFTA records maintenance and examination provisions contained in new Subpart N, Part 10, CBP regulations. Part 163 A conforming amendment is made to § 163.1 to include the maintenance of any documentation that the importer may have in support of a claim for preference under the BFTA as an activity for which records must be maintained. Also, the list or records and information required for the entry of merchandise appearing in the Appendix to Part 163 (commonly known as the (a)(1)(A) list)) is also amended to add the BFTA records that the importer may have in support of a BFTA claim for preferential tariff treatment. Part 178 Part 178 sets forth the control numbers assigned to information collections of CBP by the Office of Management and Budget, pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. The list contained in § 178.2 is amended to add the information collections used by CBP to determine eligibility for a tariff preference or other rights or benefits under the BFTA and the Act. Inapplicability of Notice and Delayed Effective Date Requirements Under section 553 of the Administrative Procedure Act (“APA”) (5 U.S.C. 553), agencies amending their regulations generally are required to publish a notice of proposed rulemaking in the **Federal Register** that solicits public comment on the proposed amendments, consider public comments in deciding on the final content of the final amendments, and publish the final amendments at least 30 days prior to their effective date. However, section 553(a)(1) of the APA provides that the standard prior notice and comment procedures do not apply to an agency rulemaking that involves the foreign affairs function of the United States. CBP has determined that these interim regulations involve a foreign affairs function of the United States, as they implement preferential tariff treatment and related provisions of the BFTA. Therefore, the rulemaking requirements under the APA do not apply and this interim rule will be effective upon publication. However, CBP is soliciting comments in this interim rule and will consider all comments it receives before issuing a final rule. Executive Order 12866 and Regulatory Flexibility Act CBP has determined that this document is not a regulation or rule subject to the provisions of Executive Order 12866 of September 30, 1993 (58 FR 51735, October 1993), because it pertains to a foreign affairs function of the United States and implements an international agreement, as described above, and therefore is specifically exempted by section 3(d)(2) of Executive Order 12866. Because a notice of proposed rulemaking is not required under section 553(b) of the APA for the reasons described above, CBP notes that the provisions of the Regulatory Flexibility Act, as amended (5 U.S.C. 601 *et seq.* ), do not apply to this rulemaking. Accordingly, CBP also notes that this interim rule is not subject to the regulatory analysis requirements or other requirements of 5 U.S.C. 603 and 604. Paperwork Reduction Act These regulations are being issued without prior notice and public procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553). For this reason, the collections of information contained in these regulations have been reviewed and, pending receipt and evaluation of public comments, approved by the Office of Management and Budget in accordance with the requirements of the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1651-0130. The collections of information in these regulations are in §§ 10.803, 10.804, 10.818, and 10.821. This information is required in connection with claims for preferential tariff treatment and for the purpose of the exercise of other rights under the BFTA and the Act and will be used by CBP to determine eligibility for a tariff preference or other rights or benefits under the BFTA and the Act. The likely respondents are business organizations including importers, exporters and manufacturers. *Estimated total annual reporting burden:* 100 hours. *Estimated average annual burden per respondent:* 12 minutes. *Estimated number of respondents:* 500. *Estimated annual frequency of responses:* 1. Comments concerning the collections of information and the accuracy of the estimated annual burden, and suggestions for reducing that burden, should be directed to the Office of Management and Budget, Attention: Desk Officer for the Department of the Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503. A copy should also be sent to the Trade and Commercial Regulations Branch, Regulations and Rulings, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229. Signing Authority This document is being issued in accordance with § 0.1(a)(1) of the CBP Regulations (19 CFR 0.1(a)(1)) pertaining to the authority of the Secretary of the Treasury (or his/her delegate) to approve regulations related to certain customs revenue functions. List of Subjects 19 CFR Part 10 Alterations, Bonds, Customs duties and inspection, Exports, Imports, Preference programs, Repairs, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 24 Financial and accounting procedures. 19 CFR Part 102 Customs duties and inspections, Imports, Reporting and recordkeeping requirements, Rules of origin, Trade agreements. 19 CFR Part 162 Administrative practice and procedure, Customs duties and inspection, Penalties, Trade agreements. 19 CFR Part 163 Administrative practice and procedure, Customs duties and inspection, Export, Import, Reporting and recordkeeping requirements, Trade agreements. 19 CFR Part 178 Administrative practice and procedure, Exports, Imports, Reporting and recordkeeping requirements. Amendments to the CBP Regulations Accordingly, chapter I of title 19, Code of Federal Regulations (19 CFR chapter I), is amended as set forth below. PART 10—ARTICLES CONDITIONALLY FREE, SUBJECT TO A REDUCED RATE, ETC. 1. The general authority citation for Part 10 continues to read, and the specific authority for new Subpart N is added to read as follows: Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1321, 1481, 1484, 1498, 1508, 1623, 1624, 3314; Sections 10.801 through 10.829 also issued under 19 U.S.C. 1202 (General Note 30, HTSUS) and Pub. L. 109-169, 119 Stat. 3581 (19 U.S.C. 3805 note). 2. In § 10.31, paragraph (f), the last sentence is revised to read as follows: § 10.31 Entry; bond.
(f)* * * In addition, notwithstanding any other provision of this paragraph, in the case of professional equipment necessary for carrying out the business activity, trade or profession of a business person, equipment for the press or for sound or television broadcasting, cinematographic equipment, articles imported for sports purposes and articles intended for display or demonstration, if brought into the United States by a resident of Canada, Mexico, Chile, Singapore, Morocco, or Bahrain and entered under Chapter 98, Subchapter XIII, HTSUS, no bond or other security will be required if the entered article is a good originating, within the meaning of General Notes 12, 25, 26, 27 and 30, HTSUS, in the country of which the importer is a resident. 3. Part 10, CBP regulations, is amended by adding Subpart N to read as follows: Subpart N—United States-Bahrain Free Trade Agreement General Provisions Sec. 10.801 Scope. 10.802 General definitions. Import Requirements 10.803 Filing of claim for preferential tariff treatment upon importation. 10.804 Declaration. 10.805 Importer obligations. 10.806 Declaration not required. 10.807 Maintenance of records. 10.808 Effect of noncompliance; failure to provide documentation regarding transshipment. Rules of Origin 10.809 Definitions. 10.810 Originating goods. 10.811 Textile or apparel goods. 10.812 Accumulation. 10.813 Value of materials. 10.814 Direct costs of processing operations. 10.815 Packaging and packing materials and containers for retail sale and for shipment. 10.816 Indirect materials. 10.817 Imported directly. Tariff Preference Level 10.818 Filing of claim for tariff preference level. 10.819 Goods eligible for tariff preference claims. 10.820 Certificate of eligibility. 10.821 Declaration. 10.822 Transshipment of non-originating fabric or apparel goods. 10.823 Effect of non-compliance; failure to provide documentation regarding transshipment of non-originating fabric or apparel goods. Origin Verifications and Determinations 10.824 Verification and justification of claim for preferential treatment. 10.825 Issuance of negative origin determinations. Penalties 10.826 Violations relating to the BFTA. Goods Returned After Repair or Alteration 10.827 Goods re-entered after repair or alteration in Bahrain. Subpart N—United States-Bahrain Free Trade Agreement General Provisions § 10.801 Scope. This subpart implements the duty preference and related customs provisions applicable to imported goods under the United States-Bahrain Free Trade Agreement (the BFTA) signed on September 14, 2004, and under the United States-Bahrain Free Trade Agreement Implementation Act (the Act; 119 Stat. 3581). Except as otherwise specified in this subpart, the procedures and other requirements set forth in this subpart are in addition to the customs procedures and requirements of general application contained elsewhere in this chapter. Additional provisions implementing certain aspects of the BFTA and the Act are contained in Parts 24, 102, 162, and 163 of this chapter. § 10.802 General definitions. As used in this subpart, the following terms will have the meanings indicated unless either the context in which they are used requires a different meaning or a different definition is prescribed for a particular section of this subpart:
(a)*Claim of origin.* “Claim of origin” means a claim that a good is an originating good or a good of a Party;
(b)*Claim for preferential tariff treatment.* “Claim for preferential tariff treatment” means a claim that a good is entitled to the duty rate applicable under the BFTA to an originating good or other good specified in the BFTA, and to an exemption from the merchandise processing fee;
(c)*Customs Valuation Agreement.* “Customs Valuation Agreement” means the *Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994* , which is part of the WTO Agreement;
(d)*Customs duty.* “Customs duty” includes any customs or import duty and a charge of any kind imposed in connection with the importation of a good, including any form of surtax or surcharge in connection with such importation, but does not include any:
(1)Charge equivalent to an internal tax imposed consistently with Article III:2 of the GATT 1994; in respect of like, directly competitive, or substitutable goods of the Party, or in respect of goods from which the imported good has been manufactured or produced in whole or in part;
(2)Antidumping or countervailing duty; and
(3)Fee or other charge in connection with importation commensurate with the cost of services rendered;
(e)*Days.* “Days” means calendar days;
(f)*Enterprise.* “Enterprise” means any entity constituted or organized under applicable law, whether or not for profit, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, sole proprietorship, joint venture, or other association;
(g)*Foreign material.* “Foreign material” means a material other than a material produced in the territory of one or both of the Parties;
(h)*GATT 1994.* “GATT 1994” means the *General Agreement on Tariffs and Trade 1994* , which is part of the WTO Agreement;
(i)*Good.* “Good” means any merchandise, product, article, or material;
(j)*Harmonized System.* “Harmonized System (HS)” means the *Harmonized Commodity Description and Coding System* , including its General Rules of Interpretation, Section Notes, and Chapter Notes, as adopted and implemented by the Parties in their respective tariff laws;
(k)*Heading.* “Heading” means the first four digits in the tariff classification number under the Harmonized System;
(l)*HTSUS.* “HTSUS” means the *Harmonized Tariff Schedule of the United States* as promulgated by the U.S. International Trade Commission;
(m)*Originating.* “Originating” means a good qualifying under the rules of origin set forth in General Note 30, HTSUS, and BFTA Chapter Three (Textiles and apparel) or Chapter Four (Rules of Origin);
(n)*Party.* “Party” means the United States or the Kingdom of Bahrain;
(o)*Person.* “Person” means a natural person or an enterprise;
(p)*Preferential tariff treatment.* “Preferential tariff treatment” means the duty rate applicable under the BFTA to an originating good and an exemption from the merchandise processing fee;
(q)*Subheading.* “Subheading” means the first six digits in the tariff classification number under the Harmonized System;
(r)*Textile or apparel good.* “Textile or apparel good” means a good listed in the Annex to the Agreement on Textiles and Clothing (commonly referred to as “the ATC”), which is part of the WTO Agreement;
(s)*Territory.* “Territory” means:
(1)With respect to Bahrain, the territory of Bahrain as well as the maritime areas, seabed, and subsoil over which Bahrain exercises, in accordance with international law, sovereignty, sovereign rights, and jurisdiction; and
(2)With respect to the United States,
(i)The customs territory of the United States, which includes the 50 states, the District of Columbia, and Puerto Rico,
(ii)The foreign trade zones located in the United States and Puerto Rico, and
(iii)Any areas beyond the territorial seas of the United States within which, in accordance with international law and its domestic law, the United States may exercise rights with respect to the seabed and subsoil and their natural resources; and
(t)*WTO Agreement.* “WTO Agreement” means the *Marrakesh Agreement Establishing the World Trade Organization* of April 15, 1994. Import Requirements § 10.803 Filing of claim for preferential tariff treatment upon importation. An importer may make a claim for BFTA preferential tariff treatment for an originating good by including on the entry summary, or equivalent documentation, the symbol “BH” as a prefix to the subheading of the HTSUS under which each qualifying good is classified, or by the method specified for equivalent reporting via an authorized electronic data interchange system. § 10.804 Declaration.
(a)*Contents.* An importer who claims preferential tariff treatment for a good under the BFTA must submit to CBP, at the request of the port director, a declaration setting forth all pertinent information concerning the growth, production, or manufacture of the good. A declaration submitted to CBP under this paragraph:
(1)Need not be in a prescribed format but must be in writing or must be transmitted electronically pursuant to any electronic means authorized by CBP for that purpose;
(2)Must include the following information:
(i)The legal name, address, telephone, and e-mail address (if any) of the importer of record of the good;
(ii)The legal name, address, telephone, and e-mail address (if any) of the responsible official or authorized agent of the importer signing the declaration (if different from the information required by paragraph (a)(2)(i) of this section);
(iii)The legal name, address, telephone and e-mail address (if any) of the exporter of the good (if different from the producer);
(iv)The legal name, address, telephone and e-mail address (if any) of the producer of the good (if known);
(v)A description of the good, which must be sufficiently detailed to relate it to the invoice and HS nomenclature, including quantity, numbers, invoice numbers, and bills of lading;
(vi)A description of the operations performed in the growth, production, or manufacture of the good in territory of one or both of the Parties and, where applicable, identification of the direct costs of processing operations;
(vii)A description of any materials used in the growth, production, or manufacture of the good that are wholly the growth, product, or manufacture of one or both of the Parties, and a statement as to the value of such materials;
(viii)A description of the operations performed on, and a statement as to the origin and value of, any materials used in the article that are claimed to have been sufficiently processed in the territory of one or both of the Parties so as to be materials produced in one or both of the Parties, or are claimed to have undergone an applicable change in tariff classification specified in General Note 30(h), HTSUS; and
(ix)A description of the origin and value of any foreign materials used in the good that have not been substantially transformed in the territory of one or both of the Parties, or have not undergone an applicable change in tariff classification specified in General Note 30(h), HTSUS;
(3)Must include a statement, in substantially the following form: “I certify that: The information on this document is true and accurate and I assume the responsibility for proving such representations. I understand that I am liable for any false statements or material omissions made on or in connection with this document; I agree to maintain and present upon request, documentation necessary to support these representations; The goods comply with all the requirements for preferential tariff treatment specified for those goods in the United States-Bahrain Free Trade Agreement; and This document consists of ___ pages, including all attachments.”
(b)*Responsible official or agent.* The declaration must be signed and dated by a responsible official of the importer or by the importer's authorized agent having knowledge of the relevant facts.
(c)*Language.* The declaration must be completed in the English language.
(d)*Applicability of declaration.* The declaration may be applicable to:
(1)A single importation of a good into the United States, including a single shipment that results in the filing of one or more entries and a series of shipments that results in the filing of one entry; or
(2)Multiple importations of identical goods into the United States that occur within a specified blanket period, not exceeding 12 months, set out in the declaration. For purposes of this paragraph, “identical goods” means goods that are the same in all respects relevant to the production that qualifies the goods for preferential tariff treatment. § 10.805 Importer obligations.
(a)*General.* An importer who makes a claim for preferential tariff treatment under § 10.803 of this subpart:
(1)Will be deemed to have certified that the good is eligible for preferential tariff treatment under the BFTA:
(2)Is responsible for the truthfulness of the information and data contained in the declaration provided for in § 10.804 of this subpart; and
(3)Is responsible for submitting any supporting documents requested by CBP and for the truthfulness of the information contained in those documents. CBP will allow for the direct submission by the exporter or producer of business confidential or other sensitive information, including cost and sourcing information.
(b)*Information provided by exporter or producer.* The fact that the importer has made a claim for preferential tariff treatment or prepared a declaration based on information provided by an exporter or producer will not relieve the importer of the responsibility referred to in paragraph
(a)of this section. § 10.806 Declaration not required.
(a)*General.* Except as otherwise provided in paragraph
(b)of this section, an importer will not be required to submit a declaration under § 10.804 of this subpart for:
(1)A non-commercial importation of a good; or
(2)A commercial importation for which the value of the originating goods does not exceed U.S. $2,500.
(b)*Exception.* If the port director determines that an importation described in paragraph
(a)of this section may reasonably be considered to have been carried out or planned for the purpose of evading compliance with the rules and procedures governing claims for preference under the BFTA, the port director will notify the importer that for that importation the importer must submit to CBP a declaration. The importer must submit such a declaration within 30 days from the date of the notice. Failure to timely submit the declaration will result in denial of the claim for preferential tariff treatment. § 10.807 Maintenance of records.
(a)*General.* An importer claiming preferential tariff treatment for a good under § 10.803 of this subpart must maintain, for five years after the date of the claim for preferential tariff treatment, all records and documents necessary for the preparation of the declaration.
(b)*Applicability of other recordkeeping requirements.* The records and documents referred to in paragraph
(a)of this section are in addition to any other records required to be made, kept, and made available to CBP under Part 163 of this chapter.
(c)*Method of maintenance.* The records and documents referred to in paragraph
(a)of this section must be maintained by importers as provided in § 163.5 of this chapter. § 10.808 Effect of noncompliance; failure to provide documentation regarding transshipment.
(a)*General.* If the importer fails to comply with any requirement under this subpart, including submission of a complete declaration under § 10.804 of this subpart, when requested, the port director may deny preferential tariff treatment to the imported good.
(b)*Failure to provide documentation regarding transshipment.* Where the requirements for preferential tariff treatment set forth elsewhere in this subpart are met, the port director nevertheless may deny preferential treatment to a good if the good is shipped through or transshipped in the territory of a country other than a Party, and the importer of the good does not provide, at the request of the port director, evidence demonstrating to the satisfaction of the port director that the good was imported directly from the territory of a Party into the territory of the other Party ( *see* § 10.817 of this subpart). Rules of Origin § 10.809 Definitions. For purposes of §§ 10.809 through 10.817:
(a)*Exporter.* “Exporter” means a person who exports goods from the territory of a Party;
(b)*Generally Accepted Accounting Principles.* “Generally Accepted Accounting Principles” means the recognized consensus or substantial authoritative support in the territory of a Party, with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices, and procedures;
(c)*Good.* “Good” means any merchandise, product, article, or material;
(d)*Goods wholly the growth, product, or manufacture of one or both of the Parties.* “Goods wholly the growth, product, or manufacture of one or both of the Parties” means:
(1)Mineral goods extracted in the territory of one or both of the Parties;
(2)Vegetable goods, as such goods are defined in the HTSUS, harvested in the territory of one or both of the Parties;
(3)Live animals born and raised in the territory of one or both of the Parties;
(4)Goods obtained from live animals raised in the territory of one or both of the Parties;
(5)Goods obtained from hunting, trapping, or fishing in the territory of one or both of the parties;
(6)Goods (fish, shellfish, and other marine life) taken from the sea by vessels registered or recorded with a party and flying its flag;
(7)Goods produced from goods referred to in paragraph (d)(5) of this section on board factory ships registered or recorded with that Party and flying its flag;
(8)Goods taken by a Party or a person of a Party from the seabed or beneath the seabed outside territorial waters, provided that a Party has rights to exploit such seabed;
(9)Goods taken from outer space, provided they are obtained by a Party or a person of a Party and not processed in the territory of a non-Party;
(10)Waste and scrap derived from:
(i)Production or manufacture in the territory of one or both of the Parties, or
(ii)Used goods collected in the territory of one or both of the Parties, provided such goods are fit only for the recovery of raw materials;
(11)Recovered goods derived in the territory of a Party from used goods, and utilized in the territory of that Party in the production of remanufactured goods; and
(12)Goods produced in the territory of one or both of the Parties exclusively from goods referred to in paragraphs (d)(1) through (d)(10) of this section, or from their derivatives, at any stage of production;
(e)*Importer.* Importer means a person who imports goods into the territory of a Party;
(f)*Indirect material.* “Indirect material” means a good used in the growth, production, manufacture, testing, or inspection of a good but not physically incorporated into the good, or a good used in the maintenance of buildings or the operation of equipment associated with the growth, production, or manufacture of a good, including:
(1)Fuel and energy;
(2)Tools, dies, and molds;
(3)Spare parts and materials used in the maintenance of equipment and buildings;
(4)Lubricants, greases, compounding materials, and other materials used in the growth, production, or manufacture of a good or used to operate equipment and buildings;
(5)Gloves, glasses, footwear, clothing, safety equipment, and supplies;
(6)Equipment, devices, and supplies used for testing or inspecting the good;
(7)Catalysts and solvents; and
(8)Any other goods that are not incorporated into the good but the use of which in the growth, production, or manufacture of the good can reasonably be demonstrated to be a part of that growth, production, or manufacture;
(g)*Material.* “Material” means a good, including a part or ingredient, that is used in the growth, production, or manufacture of another good that is a new or different article of commerce that has been grown, produced, or manufactured in one or both of the Parties;
(h)*Material produced in the territory of one or both of the Parties.* “Material produced in the territory of one or both of the Parties” means a good that is either wholly the growth, product, or manufacture of one or both of the Parties, or a new or different article of commerce that has been grown, produced, or manufactured in the territory of one or both of the Parties;
(i)*New or different article of commerce.* A “new or different article of commerce” exists when the country of origin of a good which is produced in a Party from foreign materials is determined to be that country under the provisions of §§ 102.1 through 102.21 of this chapter;
(j)*Non-originating material.* “Non-originating material” means a material that does not qualify as originating under this subpart or General Note 30, HTSUS;
(k)*Packing materials and containers for shipment.* “Packing materials and containers for shipment” means the goods used to protect a good during its transportation to the United States, and does not include the packaging materials and containers in which a good is packaged for retail sale;
(l)*Recovered goods.* “Recovered goods” means materials in the form of individual parts that result from:
(1)The complete disassembly of used goods into individual parts; and
(2)The cleaning, inspecting, testing, or other processing of those parts as necessary for improvement to sound working condition;
(m)*Remanufactured good.* “Remanufactured good” means an industrial good that is assembled in the territory of a Party and that:
(1)Is entirely or partially comprised of recovered goods;
(2)Has a similar life expectancy to, and meets the same performance standards as, a like good that is new; and
(3)Enjoys the factory warranty similar to that of a like good that is new;
(n)*Simple combining or packaging operations.* “Simple combining or packaging operations” means operations such as adding batteries to electronic devices, fitting together a small number of components by bolting, gluing, or soldering, or packing or repacking components together. § 10.810 Originating goods.
(a)*General.* A good will be considered an originating good under the BFTA when imported directly from the territory of a Party into the territory of the other Party only if:
(1)The good is wholly the growth, product, or manufacture of one or both of the Parties;
(2)The good is a new or different article of commerce, as defined in § 10.809(i) of this subpart, that has been grown, produced, or manufactured in the territory of one or both of the Parties, is provided for in a heading or subheading of the HTSUS that is not covered by the product-specific rules set forth in General Note 30(h), HTSUS, and meets the value-content requirement specified in paragraph
(b)of this section; or
(3)The good is provided for in a heading or subheading of the HTSUS covered by the product-specific rules set forth in General Note 30(h), HTSUS, and: (i)(A) Each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in General Note 30(h), HTSUS, as a result of production occurring entirely in the territory of one or both of the Parties; or
(B)The good otherwise satisfies the requirements specified in General Note 30(h), HTSUS; and
(ii)The good meets any other requirements specified in General Note 30, HTSUS.
(b)*Value-content requirement.* A good described in paragraph (a)(2) of this section will be considered an originating good under the BFTA only if the sum of the value of materials produced in one or both of the Parties, plus the direct costs of processing operations performed in one or both of the Parties, is not less than 35 percent of the appraised value of the good at the time the good is entered into the territory of the United States.
(c)*Combining, packaging, and diluting operations.* For purposes of this subpart, a good will not be considered a new or different article of commerce by virtue of having undergone simple combining or packaging operations, or mere dilution with water or another substance that does not materially alter the characteristics of the good. The principles and examples set forth in § 10.195(a)(2) of this part will apply equally for purposes of this paragraph. § 10.811 Textile or apparel goods.
(a)*De minimis* .—(1) *General.* Except as provided in paragraph (a)(2) of this section, a textile or apparel good that is not an originating good under the BFTA because certain fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification set out in General Note 30(h), HTSUS, will be considered to be an originating good if the total weight of all such fibers is not more than seven percent of the total weight of that component.
(2)*Exception.* A textile or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification of the good will be considered to be an originating good only if such yarns are wholly formed in the territory of a Party.
(b)*Textile or apparel goods put up in sets.* Notwithstanding the specific rules specified in General Note 30(h), HTSUS, textile or apparel goods classifiable as goods put up in sets for retail sale as provided for in General Rule of Interpretation 3, HTSUS, will not be considered to be originating goods under the BFTA unless each of the goods in the set is an originating good or the total value of the non-originating goods in the set does not exceed ten percent of the appraised value of the set. § 10.812 Accumulation.
(a)An originating good or material produced in the territory of one or both of the Parties that is incorporated into a good in the territory of the other Party will be considered to originate in the territory of the other Party.
(b)A good that is grown, produced, or manufactured in the territory of one or both of the Parties by one or more producers is an originating good if the good satisfies the requirements of § 10.810 of this subpart and all other applicable requirements of General Note 30, HTSUS. § 10.813 Value of materials.
(a)*General.* For purposes of § 10.810(b) of this subpart and, except as provided in paragraph
(b)of this section, the value of a material produced in the territory of one or both of the Parties includes the following:
(1)The price actually paid or payable for the material by the producer of the good;
(2)The freight, insurance, packing and all other costs incurred in transporting the material to the producer's plant, if such costs are not included in the price referred to in paragraph (a)(1) of this section;
(3)The cost of waste or spoilage resulting from the use of the material in the growth, production, or manufacture of the good, less the value of recoverable scrap; and
(4)Taxes or customs duties imposed on the material by one or both of the Parties, if the taxes or customs duties are not remitted upon exportation from the territory of a Party.
(b)*Exception.* If the relationship between the producer of a good and the seller of a material influenced the price actually paid or payable for the material, or if there is no price actually paid or payable by the producer for the material, the value of the material produced in the territory of one or both of the Parties includes the following:
(1)All expenses incurred in the growth, production, or manufacture of the material, including general expenses;
(2)A reasonable amount for profit; and
(3)The freight, insurance, packing, and all other costs incurred in transporting the material to the producer's plant. § 10.814 Direct costs of processing operations.
(a)*Items included.* For purposes of § 10.810(b) of this subpart, the words “direct costs of processing operations”, with respect to a good, mean those costs either directly incurred in, or that can be reasonably allocated to, the growth, production, or manufacture of the good in the territory of one or both of the Parties. Such costs include, to the extent they are includable in the appraised value of the good when imported into a Party, the following:
(1)All actual labor costs involved in the growth, production, or manufacture of the specific good, including fringe benefits, on-the-job training, and the costs of engineering, supervisory, quality control, and similar personnel;
(2)Tools, dies, molds, and other indirect materials, and depreciation on machinery and equipment that are allocable to the specific good;
(3)Research, development, design, engineering, and blueprint costs, to the extent that they are allocable to the specific good;
(4)Costs of inspecting and testing the specific good; and
(5)Costs of packaging the specific good for export to the territory of the other Party.
(b)*Items not included.* For purposes of § 10.810(b) of this subpart, the words “direct costs of processing operations” do not include items that are not directly attributable to the good or are not costs of growth, production, or manufacture of the good. These include, but are not limited to:
(1)Profit; and
(2)General expenses of doing business that are either not allocable to the good or are not related to the growth, production, or manufacture of the good, such as administrative salaries, casualty and liability insurance, advertising, and salesmen's salaries, commissions, or expenses. § 10.815 Packaging and packing materials and containers for retail sale and for shipment. Packaging materials and containers in which a good is packaged for retail sale and packing materials and containers for shipment are to be disregarded in determining whether a good qualifies as an originating good under § 10.810 of this subpart and General Note 30, HTSUS, except to the extent that the value of such packaging and packing materials and containers may be included in meeting the value-content requirement specified in § 10.810(b) of this subpart. § 10.816 Indirect materials. Indirect materials are to be disregarded in determining whether a good qualifies as an originating good under § 10.810 of this subpart and General Note 30, HTSUS, except that the cost of such indirect materials may be included in meeting the value-content requirement specified in § 10.810(b) of this subpart. § 10.817 Imported directly.
(a)*General.* To qualify as an originating good under the BFTA, a good must be imported directly from the territory of a Party into the territory of the other Party. For purposes of this subpart, the words “imported directly” mean:
(1)Direct shipment from the territory of a Party into the territory of the other Party without passing through the territory of a non-Party; or
(2)If the shipment passed through the territory of a non-Party, the good, upon arrival in the territory of a Party, will be considered to be “imported directly” only if the good:
(i)Remained under the control of the customs authority of the non-Party; and
(ii)Did not undergo production, manufacturing, or any other operation outside the territories of the Parties, other than unloading, reloading, or any other operation necessary to preserve the good in good condition or to transport the good to the territory of a Party. Operations that may be performed outside the territories of the Parties include inspection, removal of dust that accumulates during shipment, ventilation, spreading out or drying, chilling, replacing salt, sulfur dioxide, or aqueous solutions, replacing damaged packing materials and containers, and removal of units of the good that are spoiled or damaged and present a danger to the remaining units of the good, or to transport the good to the territory of a Party.
(b)*Documentary evidence.* An importer making a claim for preferential tariff treatment under the BFTA for an originating good may be required to demonstrate, to CBP's satisfaction, that the good was “imported directly” from the territory of a Party into the territory of the other Party, as that term is defined in paragraph
(a)of this section. An importer may demonstrate compliance with this section by submitting documentary evidence. Such evidence may include, but is not limited to, bills of lading, airway bills, packing lists, commercial invoices, receiving and inventory records, and customs entry and exit documents. Tariff Preference Level § 10.818 Filing of claim for tariff preference level. A fabric, apparel, or made-up good described in § 10.819 of this subpart that does not qualify as an originating good under § 10.810 of this subpart may nevertheless be entitled to preferential tariff treatment under the BFTA under an applicable tariff preference level (TPL). To make a TPL claim, the importer must include on the entry summary, or equivalent documentation, the applicable subheading in Chapter 99 of the HTSUS (9914.99.20) immediately above the applicable subheading in Chapter 52 through Chapter 63 of the HTSUS under which each non-originating fabric or apparel good is classified. § 10.819 Goods eligible for tariff preference claims. The following goods are eligible for a TPL claim filed under § 10.818 of this subpart (subject to the quantitative limitations set forth in U.S. Note 13, Subchapter XIV, Chapter 99, HTSUS):
(a)Cotton or man-made fiber fabric goods provided for in Chapters 52, 54, 55, 58, and 60 of the HTSUS that are wholly formed in the territory of Bahrain from yarn produced or obtained outside the territory of Bahrain or the United States;
(b)Cotton or man-made fiber fabric goods provided for in subheadings 5801.21, 5801.22, 5801.23, 5801.24, 5801.25, 5801.26, 5801.31, 5801.32, 5801.33, 5801.34, 5801.35, 5801.36, 5802.11, 5802.19, 5802.20, 5802.30, 5803.10, 5803.90.30, 5804.10.10, 5804.21, 5804.29.10, 5804.30, 5805.00.30, 5805.00.40, 5806.10.10, 5806.10.24, 5806.10.28, 5806.20, 5806.31, 5806.32, 5807.10.05, 5807.10.20, 5807.90.05, 5807.90.20, 5808.10.40, 5808.10.70, 5808.90, 5809.00, 5810.10, 5810.91, 5810.92, 5811.00.20, 5811.00.30, 6001.10, 6001.21, 6001.22, 6001.91, 6001.92, 6002.40, 6002.90, 6003.20, 6003.30, 6003.40, 6004.10, 6004.90, 6005.21, 6005.22, 6005.23, 6005.24, 6005.31, 6005.32, 6005.33, 6005.34, 6005.41, 6005.42, 6005.43, 6005.44, 6006.21, 6006.22, 6006.23, 6006.24, 6006.31, 6006.32, 6006.33, 6006.34, 6006.41, 6006.42, 6006.43, and 6006.44 of the HTSUS that are wholly formed in the territory of Bahrain from yarn spun in the territory of Bahrain or the United States from fiber produced or obtained outside the territory of Bahrain or the United States;
(c)Cotton or man-made fiber apparel goods provided for in Chapters 61 or 62 of the HTSUS that are cut or knit to shape, or both, and sewn or otherwise assembled in the territory of Bahrain from fabric or yarn produced or obtained outside the territory of Bahrain or the United States; and
(d)Cotton or man-made fiber made-up goods provided for in Chapter 63 of the HTSUS that are cut or knit to shape, or both, and sewn or otherwise assembled in the territory of Bahrain from fabric wholly formed in Bahrain or the United States from yarn produced or obtained outside the territory of Bahrain or the United States. § 10.820 Certificate of eligibility. Upon request, an importer claiming preferential tariff treatment on a non-originating cotton or man-made fiber good specified in § 10.819 of this subpart must submit to CBP a certificate of eligibility. The certificate of eligibility must be completed and signed by an authorized official of the Government of Bahrain and must be in the possession of the importer at the time the preferential tariff treatment is claimed. § 10.821 Declaration.
(a)*General.* An importer who claims preferential tariff treatment on a non-originating cotton or man-made fiber good specified in § 10.819 of this subpart must submit, at the request of the port director, a declaration supporting such a claim for preferential tariff treatment that sets forth all pertinent information concerning the production of the good, including:
(1)A description of the good, quantity, invoice numbers, and bills of lading;
(2)A description of the operations performed in the production of the good in the territory of one or both of the Parties;
(3)A reference to the specific provision in § 10.819 of this subpart that forms the basis for the claim for preferential tariff treatment; and
(4)A statement as to any fiber, yarn, or fabric of a non-Party and the origin of such materials used in the production of the good.
(b)*Retention of records.* An importer must retain all documents relied upon to prepare the declaration for a period of five years. § 10.822 Transshipment of non-originating fabric or apparel goods.
(a)*General.* To qualify for preferential tariff treatment under an applicable TPL, a good must be imported directly from the territory of a Party into the territory of the other Party. For purposes of this subpart, the words “imported directly” mean:
(1)Direct shipment from the territory of a Party into the territory of the other Party without passing through the territory of a non-Party; or
(2)If the shipment passed through the territory of a non-Party, the good, upon arrival in the territory of a Party, will be considered to be “imported directly” only if the good:
(i)Remained under the control of the customs authority of the non-Party; and
(ii)Did not undergo production, manufacturing, or any other operation outside the territories of the Parties, other than unloading, reloading, or any other operation necessary to preserve it in good condition or to transport the good to the territory of a Party. Operations that may be performed outside the territories of the Parties include inspection, removal of dust that accumulates during shipment, ventilation, spreading out or drying, chilling, replacing salt, sulfur dioxide, or other aqueous solutions, replacing damaged packing materials and containers, and removal of units of the good that are spoiled or damaged and present a danger to the remaining units of the good, or to transport the good to the territory of a Party.
(b)*Documentary evidence.* An importer making a claim for preferential tariff treatment under an applicable TPL may be required to demonstrate, to CBP's satisfaction, that the good was “imported directly” from the territory of a Party into the territory of the other Party, as that terms is defined in paragraph
(a)of this section. An importer may demonstrate compliance with this section by submitting documentary evidence. Such evidence may include, but is not limited to, bills of lading, airway bills, packing lists, commercial invoices, receiving and inventory records, and customs entry and exit documents. § 10.823 Effect of non-compliance; failure to provide documentation regarding transshipment of non-originating fabric or apparel goods.
(a)*General.* If an importer of a good for which a TPL claim is made fails to comply with any applicable requirement under this subpart, the port director may deny preferential tariff treatment to the imported good.
(b)*Failure to provide documentation regarding transshipment.* Where the requirements for preferential tariff treatment set forth elsewhere in this subpart are met, the port director nevertheless may deny preferential tariff treatment to a good for which a TPL claim is made if the good is shipped through or transshipped in a country other than a Party, and the importer of the good does not provide, at the request of the port director, evidence demonstrating to the satisfaction of the port director that the requirements set forth in § 10.822 of this subpart were met. Origin Verifications and Determinations § 10.824 Verification and justification of claim for preferential treatment.
(a)*Verification.* A claim for preferential treatment made under § 10.803 of this subpart, including any declaration or other information submitted to CBP in support of the claim, will be subject to such verification as the port director deems necessary. In the event that the port director is provided with insufficient information to verify or substantiate the claim, the port director may deny the claim for preferential treatment.
(b)*Applicable accounting principles.* When conducting a verification of origin to which Generally Accepted Accounting Principles may be relevant, CBP will apply and accept the Generally Accepted Accounting Principles applicable in the country of production. § 10.825 Issuance of negative origin determinations. If, as a result of an origin verification initiated under this subpart, CBP determines that a claim for preferential tariff treatment made under § 10.803 of this subpart should be denied, it will issue a determination in writing or via an authorized electronic data interchange system to the importer that sets forth the following:
(a)A description of the good that was the subject of the verification together with the identifying numbers and dates of the export and import documents pertaining to the good;
(b)A statement setting forth the findings of fact made in connection with the verification and upon which the determination is based; and
(c)With specific reference to the rules applicable to originating goods as set forth in General Note 30, HTSUS, and in §§ 10.809 through 10.817 of this subpart, the legal basis for the determination. Penalties § 10.826 Violations relating to the BFTA. All criminal, civil, or administrative penalties which may be imposed on U.S. importers for violations of the customs and related laws and regulations will also apply to U.S. importers for violations of the laws and regulations relating to the BFTA. Goods Returned After Repair or Alteration § 10.827 Goods re-entered after repair or alteration in Bahrain.
(a)*General* . This section sets forth the rules that apply for purposes of obtaining duty-free treatment on goods returned after repair or alteration in Bahrain as provided for in subheadings 9802.00.40 and 9802.00.50, HTSUS. Goods returned after having been repaired or altered in Bahrain, whether or not pursuant to a warranty, are eligible for duty-free treatment, provided that the requirements of this section are met. For purposes of this section, “repairs or alterations” means restoration, addition, renovation, re-dyeing, cleaning, re-sterilizing, or other treatment which does not destroy the essential characteristics of, or create a new or commercially different good from, the good exported from the United States.
(b)*Goods not eligible for treatment.* The duty-free treatment referred to in paragraph
(a)of this section will not apply to goods which, in their condition as exported from the United States to Bahrain, are incomplete for their intended use and for which the processing operation performed in Bahrain constitutes an operation that is performed as a matter of course in the preparation or manufacture of finished goods.
(c)*Documentation* . The provisions of paragraphs (a), (b), and
(c)of § 10.8 of this part, relating to the documentary requirements for goods entered under subheading 9802.00.40 or 9802.00.50, HTSUS, will apply in connection with the entry of goods which are returned from Bahrain after having been exported for repairs or alterations and which are claimed to be duty free. PART 24—CUSTOMS FINANCIAL AND ACCOUNTING PROCEDURE 4. The general authority citation for Part 24 and the specific authority for § 24.23 continue to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States) 1505, 1520, 1624; 26 U.S.C. 4461, 4462; 31 U.S.C. 9701; Public Law. 107-296, 116 Stat. 2135 (6 U.S.C. 1 *et seq.* ). Section 24.23 also issued under 19 U.S.C. 3332; 5. Section 24.23 is amended by adding a new paragraph (c)(8) to read as follows: § 24.23 Fees for processing merchandise.
(c)* * *
(8)The ad valorem fee, surcharge, and specific fees provided under paragraphs (b)(1) and (b)(2)(i) of this section will not apply to goods that qualify as originating goods under § 202 of the United States-Bahrain Free Trade Agreement Implementation Act (see also General Note 30, HTSUS) that are entered, or withdrawn from warehouse for consumption, on or after August 1, 2006. PART 102—RULES OF ORIGIN 6. The authority citation for Part 102 is revised to read as follows: Authority: 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1624, 3314, 3592. 7. Section 102.0 is amended by adding, after the second sentence, a new sentence to read as follows: § 102.0 Scope. * * * The rules set forth in §§ 102.1 through 102.21 of this Part will also apply for purposes of determining whether an imported good is a new or different article of commerce under § 10.809 of the United States-Bahrain Free Trade Agreement regulations. * * * PART 162—INSPECTION, SEARCH, AND SEIZURE 8. The authority citation for Part 162 continues to read in part as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1592, 1593a, 1624. 9. Section 162.0 is amended by revising the last sentence to read as follows: § 162.0 Scope. * * * Additional provisions concerning records maintenance and examination applicable to U.S. importers, exporters and producers under the U.S.-Chile Free Trade Agreement, the U.S.-Singapore Free Trade Agreement, the U.S.-Morocco Free Trade Agreement, and the U.S.-Bahrain Free Trade Agreement are contained in Part 10, Subparts H, I, M, and N of this chapter, respectively. PART 163—RECORDKEEPING 10. The authority citation for Part 163 continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510, 1624. 11. Section 163.1(a)(2) is amended by redesignating paragraph (a)(2)(x) as paragraph (a)(2)(xi) and adding a new paragraph (a)(2)(x) to read as follows: § 163.1 Definitions. * * *
(a)Records—* * *
(2)Activities * * *
(x)The maintenance of any documentation that the importer may have in support of a claim for preferential tariff treatment under the United States-Bahrain Free Trade Agreement (BFTA), including a BFTA importer's declaration. 12. The Appendix to Part 163 is amended by adding new listings under section IV in numerical order to read as follows: Appendix to Part 163—Interim (a)(1)(A) List IV. * * * § 10.805 BFTA records that the importer may have in support of a BFTA claim for preferential tariff treatment, including an importer's declaration. § 10.820 BFTA TPL certificate of eligibility. § 10.821 BFTA TPL declaration. PART 178—APPROVAL OF INFORMATION COLLECTION REQUIREMENTS 13. The authority citation for Part 178 continues to read as follows: Authority: 5 U.S.C. 301; 19 U.S.C. 1624; 44 U.S.C. 3501 *et seq.* 14. Section 178.2 is amended by adding new listings “§§ 10.803,10.804, 10.818, and 10.821” to the table in numerical order to read as follows: § 178.2 Listing of OMB control numbers. 19 CFR section Description OMB control No. * * * * * * * §§ 10.803,10.804,10.818, and 10.821 Claim for preferential tariff treatment under the U.S.-Bahrain Free Trade Agreement 1651-0130 * * * * * * * W. Ralph Basham, Commissioner, U.S. Customs and Border Protection. Approved: October 9, 2007. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 07-5062 Filed 10-15-07; 8:45 am]
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  • 10 CFR 32.40
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  • Pub. L. 95-601
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  • 42 USC 2014e(2)
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  • 68 Stat. 939
  • 14 CFR 39
  • 1 CFR 51
  • 14 CFR 97
  • Pub. L. 109-169
  • 119 Stat. 3581
  • 19 CFR 10
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