Unknown. Final rule
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/register/2008/06/06/08-1326A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2008-06-06.xml --- 73 110 Friday, June 6, 2008 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32357-32359 E8-12715 E8-12718 E8-12719 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 32283-32284 E8-12731 Potato Cyst Nematode; Update of Quarantined Areas, 32284-32285 E8-12625 Army Army Department See Engineers Corps Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 32334-32335 E8-12640 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 32335-32336 E8-12679 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32336-32338 E8-12573 E8-12574 E8-12681 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Atlantic Intracoastal Waterway, Boca Raton, FL, 32236 E8-12804 New River (South Fork), Fort Lauderdale, FL, 32237-32238 E8-12800 Sacramento River, Sacramento, CA, 32236-32237 E8-12802 PROPOSED RULES Meetings:
Dry Cargo Residue Discharges in the Great Lakes, 32273-32274 E8-12651 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32287-32288 E8-12701 E8-12702 Privacy Act; Systems of Records, 32288-32289 E8-12677 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Additions to and Deletions from the Procurement List, 32285-32286 E8-12741 Correction:
Clarification of Scope of Procurement List Additions; 2007 Commodities Procurement List, 32286 E8-12742 Proposed Additions to the Procurement List, 32286-32287 E8-12740 Commodity Commodity Futures Trading Commission PROPOSED RULES Revision of Federal Speculative Position Limits, 32260-32261 E8-12728 Risk Management Exemption from Federal Speculative Position Limits, 32261-32262 E8-12723 Defense Defense Department See Engineers Corps Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 32359-32360 E8-12703 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-12683 32311-32312 E8-12686 Small, Rural School Achievement Program, 32312-32313 E8-12744 Energy Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Efficiency Program for Consumer Products: Residential Central Air Conditioners and Heat Pumps; Public Meeting and Availability of the Framework Document, 32243-32245 E8-12753 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, E8-12678 32313-32314 E8-12747 Meetings: State Energy Advisory Board, 32314 E8-12676 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Pacific L.A. Marine Terminal LLC Crude Oil Terminal Project, Los Angeles County, CA, 32310-32311 E8-12614 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Wayne County Area, PA, 32238-32240 E8-12589 Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management District, 32240-32241 E8-12474 PROPOSED RULES Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management District, 32274 E8-12477 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 32323-32328 E8-12708 E8-12709 E8-12729 Environmental Impact Statements and Regulations; Availability of EPA Comments, 32328 E8-12710 Meetings: Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group, 32329 E8-12616 Petition: Massachusetts Marine Sanitation Device Standard, 32329-32331 E8-12224 Weekly Receipt of Environmental Impact Statements, 32331-32332 E8-12714 Executive Executive Office for Immigration Review NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 32360-32361 E8-12704 E8-12706 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration RULES Revision of Class E Airspace: Deadhorse, AK, 32235-32236 E8-12585 PROPOSED RULES Airworthiness Directives: Airbus Model A300-600 Airplanes, 32250-32252 E8-12727 Boeing Model 737 300, -400, and -500 Series Airplanes, 32258-32259 E8-12752 Boeing Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes, 32255-32256 E8-12685 Boeing Model 747 100, 747 100B, 747 100B SUD, 747 200B, 747 200C, etc.
Series Airplanes, 32245-32246 E8-12692 Boeing Model 747-400, -400D, and -400F Series Airplanes, 32248-32250 E8-12725 Boeing Model 747 Airplanes, 32246-32248 E8-12712 Boeing Model 757 Airplanes, 32256-32258 E8-12749 Boeing Model 767 Airplanes, 32252-32253 E8-12684 Boeing Model 777 Airplanes, 32253-32255 E8-12691 NOTICES Petition for Exemption; Summary of Petition Received, 32383 E8-12675 FCC Federal Communications Commission RULES Television Broadcasting Services: Riverside, CA, 32241-32242 E8-12750 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:
Birch Power Co. and Turnbull Hydro, L.L.C., 32314-32315 E8-12663 Birch Power Company; Turnbull Hydro, L.L.C., 32315-32316 E8-12662 MarkWest Pioneer, LLC, 32316 E8-12665 McCallum Enterprises I Limited Partnership, 32317 E8-12664 West Texas Gas, Inc.; Reef International, L.L.C., 32317-32318 E8-12657 Availability of Final Environmental Impact Statements: Midcontinent Express Pipeline, LLC., 32318-32319 E8-12658 Blanket Authorization: PPL Renewable Energy, LLC, 32319 E8-12659 Combined Notice of Filings, 32319-32322 E8-12697 E8-12698 Issuance of Orders:
HEEP Fund, Inc., 32322 E8-12661 Velocity American Energy Master I, L.P., 32322-32323 E8-12660 Records Governing Off-the Record Communications, 32323 E8-12656 Federal Highway Federal Highway Administration NOTICES Limitation on Claims for Judicial Review of Actions by Federal Highway Administration: Final Federal Agency Actions on I-94 North-South Corridor Study; WI and IL, 32383-32384 E8-12674 Federal Housing Federal Housing Finance Board NOTICES Meetings; Sunshine Act, 32332 08-1331 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 32333 E8-12632 E8-12670 FTC Federal Trade Commission PROPOSED RULES Prohibitions on Market Manipulation and False Information:
Subtitle B of Title VIII of The Energy Independence and Security Act, (2007), 32259-32260 E8-12739 Fish Fish and Wildlife Service NOTICES Draft Comprehensive Conservation Plan and Environmental Assessment: Eufaula National Wildlife Refuge, AL and GA, 32349-32352 E8-12713 Right-of-Way Permit Application: Keystone Oil Pipeline Project; North Dakota and South Dakota Wetland Management Districts, 32353 E8-12473 Food Food and Drug Administration NOTICES Compliance Policy Guide Sec. 560.700;
Processing of Imported Frozen Products of Multiple Sizes (e.g., Shrimp, Prawns, etc.) (CPG 7119.10): Withdrawal of Guidance, 32338 E8-12766 Food Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32285 E8-12707 GSA General Services Administration PROPOSED RULES General Services Acquisition Regulation: GSAR Case 2008-G510— Rewrite of GSAR Part 537, Service Contracting, 32276-32277 E8-12571 Rewrite of GSAR Part 547, Transportation, 32277-32278 E8-12694 General Services Acquisition Regulation;
GSAR Case 2007-G500; Rewrite of GSAR Part 517, Special Contracting Methods, 32274-32276 E8-12613 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32333-32334 E8-12490 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32353-32354 E8-12721 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Call for Collaborating Partners for the National Bone Health Campaign, 32334 E8-12756 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S.
Citizenship and Immigration Services NOTICES Post-Contract Award Information, 32341 E8-12669 Review and Revision of the National Infrastructure Protection Plan, 32341-32343 E8-12671 Solicitation of Proposal Information for Award of Public Contracts, 32343-32344 E8-12693 Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 32347 E8-12649 Public Housing Financial Management Template, 32347-32348 E8-12650 Indian Indian Affairs Bureau NOTICES Intent to Prepare an Environmental Impact Statement:
Renewed Application for the Proposed Los Coyotes Band of Cahuilla and Cupeno Indians Fee-to-Trust Transfer and Casino-Hotel Project, San Bernardino County, 32354-32355 E8-12638 Petition for Tribal Reassumption of Jurisdiction Over Child Custody Proceedings: Alabama-Coushatta Tribe of Texas, 32355 E8-12682 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau NOTICES Availability, Draft Environmental Assessments;
Central Utah Project Completion Act: Hobble Creek Stream Restoration, Utah County, UT, 32348-32349 E8-12672 International International Trade Administration NOTICES Antidumping Duty Administrative Review: Freshwater Crawfish Tail Meat from the People's Republic of China, 32289 E8-12733 Final Results of Antidumping Duty Administrative Review: Stainless Steel Bar from France, 32289-32290 E8-12771 Postponement of Preliminary Determination in the Countervailing Duty Investigation:
Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China, 32290 E8-12773 Preliminary Intent to Rescind New Shipper Review: Forged Stainless Steel Flanges from India, 32291-32292 E8-12751 Preliminary Results of 2007 Semi-Annual New Shipper Reviews: Wooden Bedroom Furniture from the People's Republic of China, 32292-32298 E8-12762 Preliminary Results of Antidumping Duty Administrative Review: Stainless Steel Plate in Coils from Belgium, 32298-32302 E8-12779 Preliminary Results of Countervailing Duty Administrative Review:
Stainless Steel Plate in Coils from Belgium, 32303-32307 E8-12777 International International Trade Commission NOTICES Investigation: Certain Rubber Antidegradants, Components Thereof, and Products Containing Same, 32356-32357 E8-12738 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Executive Office for Immigration Review PROPOSED RULES Inspection of Records Relating to Depiction of Simulated Sexually Explicit Performances, 32262-32273 E8-12635 NOTICES Consent Decree:
Kaman Aerospace Corp., 32357 E8-12630 Labor Labor Department NOTICES Delegation of Authorities; Assignment of Responsibilities: Assistant Secretary for Employment Standards and Others in the Employment Standards Administration, 32424-32426 E8-12700 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 32355-32356 E8-12726 Meetings: Western Montana Resource Advisory Council, 32356 E8-12730 Management Management and Budget Office PROPOSED RULES Requirements for Federal Funding Accountability and Transparency Act Implementation, 32417-32421 E8-12558 NOTICES Amending Federal Financial Assistance-Related Forms to Include Universal Identifier, 32416 E8-12560 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:
National Council on the Arts 164th Meeting, 32361-32362 E8-12666 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32338-32339 E8-12641 Meetings: Board of Scientific Counselors for Clincal Services and Epidemiology National Cancer Institute, 32339-32340 E8-12642 Board of Scientific Counselors for Clinical Sciences and Epidemiology National Cancer Institute, 32340 E8-12645 National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel, 32340-32341 E8-12644 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment (14), 32281-32282 E8-12745 Taking of Marine Mammals Incidental to Commercial Fishing Operations: Atlantic Large Whale Take Reduction Plan Regulations, 32278-32281 08-1326 NOTICES Marine Mammals (File Nos. 715-1706 and 545-1761), 32307-32308 E8-12716 Permits; Foreign Fishing, 32308-32309 E8-12737 Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops, 32309-32310 E8-12711 Nuclear Nuclear Regulatory Commission RULES Revision of Fee Schedules;
Fee Recovery for 2008 FY, 32386-32414 E8-12086 NOTICES Facility Operating License, Application Withdrawal: FPL Energy Duane Arnold, LLC, 32362 E8-12699 Final Regulatory Guide; Issuance, Availability, 32362-32363 E8-12695 Meetings: Partial Site Release of the Off-Shore Piping for San Onofre Generation Station, Unit 1, 32363 E8-12821 Proposed License Transfer and Draft Post Shutdown Decommissioning Activities Report: Exelon Generation Company, LLC, 32363-32364 E8-12696 Office Office of Management and Budget See Management and Budget Office Postal Postal Regulatory Commission NOTICES Express Mail International Bilateral/Multilateral Agreements, 32364-32365 E8-12764 Global Expedited Package Services Negotiated Service Agreements, 32365-32366 E8-12767 Premium Forwarding Service, 32366-32367 E8-12763 Postal Postal Service RULES Address Facing Standards for Presort Bundles on Pallets, 32238 E8-12148 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 32367-32368 E8-12628 Self-Regulatory Organizations; Proposed Rule Changes: Boston Stock Exchange, Inc., 32368-32369 E8-12688 Chicago Stock Exchange, Inc., 32369-32373 E8-12629 Depository Trust Co. and National Securities Clearing Corp., 32373-32376 E8-12667 National Association of Securities Dealers, Inc., 32377 E8-12631 NYSE Arca, Inc., 32377-32379 E8-12705 Philadelphia Stock Exchange, Inc., 32379-32380 E8-12687 SBA Small Business Administration NOTICES Disaster Declaration No. 11264 and No. 11265:
Iowa Disaster Number IA-00015; Amendment (1), 32380-32381 E8-12757 Disaster Declarations: Iowa, 32381 E8-12759 Nebraska, 32381 E8-12743 State State Department NOTICES Certification Related to Guatemalan Armed Forces: Section 672, Foreign Operations and Related Programs Appropriations Act, 32381 E8-12722 Meetings: Advisory Committee International Postal and Delivery Services, 32381-32382 E8-12724 Surface Surface Transportation Board NOTICES Construction and Operation Exemption:
Southwest Gulf Railroad Co., Medina County, TX, 32384 E8-12668 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B, 32382 E8-12788 Aviation Proceedings, Agreements filed the week ending January 18, 2008, 32382 E8-12784 Transportation Transportation Security Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 32344-32346 E8-12746 E8-12748 E8-12755 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32347 E8-12680 Veterans Veterans Affairs Department NOTICES Privacy Act; Systems of Records, 32384 E8-12690 Separate Parts In This Issue Part II Nuclear Regulatory Commission, 32386-32414 E8-12086 Part III Executive Office of the President, Management and Budget Office, 32416-32421 E8-12558 E8-12560 Part IV Labor Department, 32424-32426 E8-12700 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. 73 110 Friday, June 6, 2008 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2008-0171; Airspace Docket No. 08-AAL-5] Revision of Class E Airspace; Deadhorse, AK AGENCY:
Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises Class E airspace at Deadhorse, AK, to provide adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs). Eight Standard Instrument Approach Procedures (SIAPs) and a textual Departure Procedure
(DP)are being amended for the Deadhorse Airport. This action revises existing Class E airspace upward from the surface and from 700 feet (ft.) and 1,200 ft. above the surface at Deadhorse Airport, Deadhorse, AK. DATES: *Effective Date:* 0901 UTC, July 31, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587; telephone number
(907)271-5898; fax:
(907)271-2850; e-mail: *gary.ctr.rolf@faa.gov.* Internet address: *http://www.alaska.faa.gov/at.* SUPPLEMENTARY INFORMATION: History On Monday, March 31, 2008, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise Class E airspace upward from 700 ft. above the surface and from 1,200 ft. above the surface at Deadhorse, AK (73 FR 16792). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing SIAPs for the Deadhorse Airport. The Notice of Proposed Rulemaking contained an error in the airspace description. The 035° bearing should have been listed as 075°, and the 255° bearing in the Class E2 description was inadvertently left out. Additionally, the correct 4.1-mile radius in the Class E2 description as erroneously listed with a 2.4-mile value. These errors have been corrected in the rule. Class E controlled airspace extending upward from the surface and from 700 ft. and 1,200 ft. above the surface in the Deadhorse Airport area is revised by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as surface areas are published in paragraph 6002 of FAA Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 revises Class E airspace at the Deadhorse Airport, Alaska. This Class E airspace is revised to accommodate aircraft executing amended SIAPs, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules
(IFR)operations at the Deadhorse Airport, Deadhorse, Alaska. 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. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Deadhorse Airport and represents the FAA's continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, *Airspace Designations and Reporting Points* , signed August 15, 2007, and effective September 15, 2007, is amended as follows: Paragraph 6002 Class E Airspace Designated as Surface Areas. AAL AK E2 Deadhorse, AK [Revised] Deadhorse, Deadhorse Airport, AK (Lat. 70°11′41″ N., long. 148°27′55″ W.) Within a 4.1-mile radius of the Deadhorse Airport, AK, and within 2.4 miles either side of the 075° bearing from the Deadhorse Airport, AK, extending from the 4.1-mile radius to 7 miles east of the Deadhorse Airport, AK, and within 2.4 miles either side of the 255° bearing from the Deadhorse Airport, AK, extending from the 4.1-mile radius to 7 miles west of the Deadhorse Airport, AK. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6005 Class E Airspace Extending Upward from 700 Feet or More Above the Surface of the Earth. AAL AK E5 Deadhorse, AK [Revised] Deadhorse, Deadhorse Airport, AK (Lat. 70°11′41″ N., long. 148°27′55″ W.) That airspace extending upward from 700 feet above the surface within a 7-mile radius of the Deadhorse Airport, AK; and that airspace extending upward from 1,200 feet above the surface within a 72-mile radius of the Deadhorse Airport, AK. Issued in Anchorage, AK, on May 28, 2008. Michael A. Tarr, Acting Manager, Alaska Flight Services Information Area Group. [FR Doc. E8-12585 Filed 6-5-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2008-0428] Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Boca Raton, FL AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, Seventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Spanish River Boulevard bridge across the Atlantic Intracoastal Waterway, mile 1044.9, at Boca Raton, FL. The deviation is necessary to perform rehabilitation work on the bridge. This deviation allows the bridge to operate with a five feet reduced vertical clearance, operate with single leaf openings, and/or operate with full double leaf opening pending a three hour advance notice. DATES: This deviation is effective from 8 a.m., June 15, 2008 to 6 p.m., December 8, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2008-0428 and are available online at *http://www.regulations.gov.* They are also available for inspection or copying at two locations: The Docket Management Facility (M-30), U.S. Department of Transportation, 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, and the Commander (dpb), Seventh Coast Guard District, 909 SE., 1st Avenue, Room 432, Miami, Florida 33131-3028 between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call Mr. Barry Dragon, Bridge Branch, Seventh Coast Guard District, at 305-415-6743. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: This deviation was requested by Coastal Marine Construction representing Florida Department of Transportation, the bridge owner, in order to complete rehabilitation and painting of the bridge spans of the Spanish Boulevard Bridge, mile 1044.9, of the Atlantic Intracoastal Waterway, Boca Raton, FL. The bridge has a vertical clearance of 25 feet in the closed position and a horizontal clearance of 90 feet. The work will require single leaf operation on the hour and half-hour with a 3 hour advance notice for a double leaf opening in order to remove personnel and equipment from the leaf areas. In addition, the vertical clearance will be reduced by five feet due to the placement of containment equipment which is required to protect the environment. The normal operating schedule for the bridge is in 33 CFR 117.261(z-3), and requires the bridge to open on the hour and half-hour. This deviation period begins on June 15, 2008 and ends on December 8, 2008. The operating schedule during this deviation period will be single leaf on the hour and half-hour with a 3 hour advance notice for a full double leaf opening. Contact the bridge tender at 561-395-5417 to request a full opening. In the case of emergencies the bridge will open as soon as practicable. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: May 29, 2008. Robert S. Branham, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. E8-12804 Filed 6-5-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2008-0450] Drawbridge Operation Regulation; Sacramento River, Sacramento, CA AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, Eleventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, California. The deviation is necessary to allow the California Department of Transportation (Caltrans) to conduct major roadwork on Interstate 5 through downtown Sacramento. This deviation allows the drawspan to remain in the closed-to-navigation position during rush hour time periods. DATES: This deviation is effective from 6 a.m. on June 2, 2008 through 8 p.m. on July 14, 2008. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG-2008-0450 and are available online at *http://www.regulations.gov.* They are also available for inspection or copying at two locations: the Docket Management Facility (M-30), U.S. Department of Transportation, 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, and Commander (dpw), Eleventh Coast Guard District, Building 50-2, Coast Guard Island, Alameda, CA 94501-5100, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District, telephone
(510)437-3516. SUPPLEMENTARY INFORMATION: Caltrans requested a temporary change to the operation of the Tower Drawbridge, mile 59.0, across the Sacramento River, at Sacramento, California. The Tower Drawbridge provides a vertical clearance of 30 feet above Mean High Water in the closed-to-navigation position. The drawspan opens on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. At all other times the drawspan shall open on signal if at least four hours notice is given, as required by 33 CFR 117.189. Navigation on the waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position from 6 a.m. to 10 a.m. and from 3 p.m. to 8 p.m. June 2, 2008 through June 6, 2008; June 16, 2008 through June 20, 2008; June 27, 2008; June 30, 2008 through July 2, 2008; July 9, 2008 through July 11, 2008; and July 14, 2008. Special provisions have been made to accommodate commercial waterway traffic. The drawspan shall open for vessels at 6 p.m. on each Friday during the deviation period and at 6 p.m. on June 3, 2008 and June 5, 2008. These closures will allow an unimpeded alternate route for rush hour commuter traffic, across the Tower Drawbridge, during major construction work on Interstate 5 through downtown Sacramento. This temporary deviation has been coordinated with waterway users. Adjustments to the schedule were made to minimize impacts to commercial waterway traffic. There is no anticipated levee maintenance during this deviation period. No objections to the proposed temporary deviation were raised. Vessels that can transit the drawspan, while in the closed-to-navigation position, may continue to do so at any time. In the event of an emergency the drawspan can be opened once road traffic is cleared. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: May 29, 2008. J.E. Long, Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard District. [FR Doc. E8-12802 Filed 6-5-08; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2008-0429] Drawbridge Operation Regulation: New River (South Fork), Fort Lauderdale, FL AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, Seventh Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Davie Boulevard (SW Twelfth Street) Bridge, New River (South Fork), mile 0.9, at Fort Lauderdale, FL. The deviation is necessary to provide for the safety of workers in conducting maintenance on the bridge. This deviation allows the bridge to remain closed during limited hours of the day. DATES: This deviation is effective from 7 a.m. on June 1, 2008 through 6 p.m. June 30, 2008. ADDRESSES: Documents indicated in the preamble as being available in the docket are part of docket USCG-2008-0429 and are available online at *http://www.regulations.gov.* They are also available for inspection or copying at two locations: The Docket Management Facility (M-30), U.S. Department of Transportation, 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, and the Commander, Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 432, Miami, FL 33131-3028, between 7 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Bridge Branch, Seventh Coast Guard District, at 305-415-6744. SUPPLEMENTARY INFORMATION: The consultant Reynolds, Smith & Hills CS, Inc. representing Florida Department of Transportation, the bridge owner, has requested a temporary deviation from the regulations governing the operations of the Davie Boulevard (SW Twelfth Street) Bridge, New River (South Fork), mile 0.9, at Fort Lauderdale, FL, to conduct minor repairs and painting. This bridge has a vertical clearance of 21 feet in the closed position at mean high water. The operating schedule for this bridge is published in 33 CFR 117.351(a) and requires the bridge to open on signal, except that from 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., Monday through Friday, except Federal holidays the bridge is allowed to remain closed to navigation. This deviation will allow the bridge to be closed to navigation from 7 a.m. to 1 p.m. and from 4:30 p.m. to 6 p.m., Monday through Friday; effective on June 1, 2008 and running through June 30, 2008. This deviation will allow a horizontal clearance reduction to 25 feet between the maintenance barge that will be used as a working platform and the bridge fender system from 7 a.m. to 1 p.m., Monday through Friday. The U.S. Coast Guard, Florida Department of Transportation and the Marine Industries Association of South Florida have determined that these dates and times should have the least impact on navigation. Vessels requiring less than 21 feet of vertical clearance and less than 25 feet of horizontal clearance shall be passed at any time. There is no alternate route for vessels in this location. The contractor has assured the Coast Guard that they can open the bridge within 15 minutes in the event of an emergency. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: May 29, 2008. Robert S. Branham, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. E8-12800 Filed 6-5-08; 8:45 am] BILLING CODE 4910-15-P POSTAL SERVICE 39 CFR Part 111 Address Facing Standards for Presort Bundles on Pallets AGENCY: Postal Service. ACTION: Final rule. SUMMARY: The Postal Service is revising the mailing standards requiring mailers to place presort bundles on pallets with the addresses facing up. DATES: *Effective Date:* September 11, 2008. FOR FURTHER INFORMATION CONTACT: Kevin Gunther at 202-268-7208. SUPPLEMENTARY INFORMATION: The Postal Service is in the process of implementing technological changes to automate delivery sequencing for flat-size mail, through the deployment of the Flats Sequencing System (FSS). FSS will sort flat-size mailpieces into delivery sequence, increasing the efficiency of letter carriers by reducing time in sorting mail, and allowing delivery to begin earlier in the day. Placement of presort bundles on pallets with the address side up is needed to improve efficiencies in today's processing environment and for automated preparation and induction for FSS in the future. In today's processing applications, this new standard will aid in validating that bundles are placed on the correct pallet, improving the manual distribution of these bundles. *Comments Received:* We received one comment on the proposal, from a commercial printer. The commenter recommended we revise the proposal to allow one or two columns of bundles to be placed on their edge to maximize the “footprint” of mail that can be placed on a pallet. Pallets containing bundles placed on their edge will not maintain their integrity as well as pallets containing bundles that all lie flat. Allowing bundles on their edge would also lessen our ability to read the address side of a bundle, which is one objective of this standard change. In addition, we plan to use automated preparation stations to support FSS, which require bundles to lie flat on pallets. Therefore, we have decided not to adopt the recommendation. *Implementation:* Effective September 11, 2008, mailers must prepare pallets, containing presort bundles with all addresses facing up, under revised DMM 705.8.5.6. We encourage mailers to make these changes as soon as possible, but no later than September 11, 2008. List of Subjects in 39 CFR Part 111 Administrative practice and procedure, Postal Service. Accordingly, 39 CFR part 111 is amended as follows: PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3633, and 5001. 2. Revise the following sections of *Mailing Standards of the United States Postal Service,* Domestic Mail Manual
(DMM)as follows: Mailing Standards of the United States Postal Service, Domestic Mail Manual
(DMM)700 Special Standards 705 Advanced Preparation and Special Postage Payment Systems 8.0 Preparing Pallets 8.5 General Preparation 8.5.6 Mail on Pallets [ *Add new item i to clarify that presort bundles on pallets must be placed face up as follows:* ] i. All presort bundles on pallets must be placed with the addresses facing up. Neva R. Watson, Attorney, Legislative. [FR Doc. E8-12148 Filed 6-5-08; 8:45 am] BILLING CODE 7710-12-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2008-0097; FRL-8576-4] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Section 110(a)(1) 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for the Wayne County Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving a State Implementation Plan
(SIP)revision submitted by the Commonwealth of Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) submitted a SIP revision consisting of a maintenance plan that provides for continued attainment of the 8-hour ozone national ambient air quality standard (NAAQS) for at least 10 years after the April 30, 2004, designations, as well as, a 2002 base-year inventory for the Wayne County Area. EPA is approving the maintenance plan and the 2002 base-year inventory for the Wayne County Area as revisions to the Pennsylvania SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: *Effective Date:* This final rule is effective on July 7, 2008. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2008-0097. All documents in the docket are listed in the *www.regulations.gov* Web site. Although listed in the electronic docket, some information is not publicly available, *i.e.* , confidential business information
(CBI)or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Pennsylvania Department of Environment Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Gregory Becoat,
(215)814-2036, or by e-mail at *becoat.gregory@epa.gov.* SUPPLEMENTARY INFORMATION: I. Background On April 14, 2008 (73 FR 20002), EPA published a notice of proposed rulemaking
(NPR)for the Commonwealth of Pennsylvania. The NPR proposed approval of Pennsylvania's SIP revision that establishes a maintenance plan for the Wayne County Area that provides for continued attainment of the 8-hour ozone NAAQS for at least 10 years after designation, and a 2002 base-year emissions inventory. The formal SIP revisions were submitted by PADEP on December 17, 2007. Other specific requirements of Pennsylvania's SIP revision and the rationales for EPA's proposed actions are explained in the NPR and will not be restated here. No public comments were received on the NPR. II. Final Action EPA is approving the maintenance plan and the 2002 base-year inventory for the Wayne County Area, submitted on December 17, 2007, as revisions to the Pennsylvania SIP. EPA is approving the maintenance plan and 2002 base-year inventory for the Wayne County Area because it meets the requirements of section 110(a)(1) of the CAA. III. Statutory and Executive Order Reviews A. General Requirements Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 5, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action approving the maintenance plan and the 2002 base-year inventory for the Wayne County Area may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: May 28, 2008. William T. Wisniewski, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart NN—Pennsylvania 2. In § 52.2020, the table in paragraph (e)(1) is amended by adding an entry for the 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory for Wayne County at the end of the table to read as follows: § 52.2020 Identification of plan.
(e)* * *
(1)* * * Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation * * * * * * * 8-Hour Ozone Maintenance Plan and 2002 Base-Year Inventory Wayne County 12/17/2007 June 6, 2008 [Insert page number where the document begins] [FR Doc. E8-12589 Filed 6-5-08; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2008-0228; FRL-8567-4] Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are approving a local rule that requires submission of emission statements from stationary sources that emit volatile organic compounds and oxides of nitrogen. DATES: This rule is effective on August 5, 2008 without further notice, unless EPA receives adverse comments by July 7, 2008. If we receive such comments, we will publish a timely withdrawal in the **Federal Register** to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-2008-0228, by one of the following methods: 1. *Federal eRulemaking Portal:http://www.regulations.gov* . Follow the on-line instructions. 2. *E-mail: steckel.andrew@epa.gov* . 3. *Mail or deliver:* Andrew Steckel (AIR-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. *Instructions:* All comments will be included in the public docket without change and may be made available online at *http://www.regulations.gov* , including any personal information provided, unless the comment includes Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through *http://www.regulations.gov* or e-mail. *http://www.regulations.gov* is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. *Docket:* The index to the docket for this action is available electronically at *http://www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX,
(415)947-4124, *wang.mae@epa.gov* . SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” and “our” refer to EPA. Table of Contents I. The State's Submittal A. What rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. EPA's Evaluation and Action A. How is EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA recommendations to further improve the rule D. Public comment and final action III. Statutory and Executive Order Reviews I. The State's Submittal A. What rule did the State submit? SMAQMD Rule 105, Emission Statement, was adopted by the SMAQMD on September 5, 1996, and submitted by the California Air Resources Board
(CARB)on May 18, 1998. On July 17, 1998, the rule submittal was found to meet the completeness criteria in 40 CFR Part 51, Appendix V, which must be met before formal EPA review. B. Are there other versions of this rule? The previous version of Rule 105 was adopted on May 20, 1993, and CARB submitted it to us on November 18, 1993. We approved this version of Rule 105 into the SIP on May 26, 2004 (69 FR 29880). C. What is the purpose of the submitted rule? Section 110(a) of the CAA requires states to submit regulations that control volatile organic compounds (VOC), oxides of nitrogen (NO <sup>X</sup> ), particulate matter, and other air pollutants which harm human health and the environment. SMAQMD Rule 105 was developed as part of the local agency's program to control these pollutants. It was also developed to establish the requirement for stationary sources of VOC and NO <sup>X</sup> to submit emission statements, as required by the CAA. EPA's technical support document
(TSD)has more information about this rule. II. EPA's Evaluation and Action A. How is EPA evaluating the rule? This rule contains administrative requirements that support SMAQMD's program to implement the CAA and control emissions of VOC and NO <sup>X</sup> . In combination with the other requirements, this rule must be enforceable (see section 110(a) of the Act) and must not relax existing requirements (see sections 110(l) and 193). EPA policy that we use to help evaluate enforceability requirements consistently includes the Bluebook (“Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” EPA, May 25, 1988) and the Little Bluebook (“Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” EPA Region 9, August 21, 2001). B. Does the rule meet the evaluation criteria? We believe this rule is consistent with the relevant policy and guidance regarding enforceability and SIP relaxations. The TSD has more information on our evaluation. C. EPA Recommendations To Further Improve the Rule The TSD describes additional rule revisions that do not affect EPA's current action but are recommended for the next time the local agency modifies the rule. D. Public Comment and Final Action As authorized in section 110(k)(3) of the Act, EPA is fully approving the submitted rule because we believe it fulfills all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this **Federal Register** , we are simultaneously proposing approval of the same submitted rule. If we receive adverse comments by July 7, 2008, we will publish a timely withdrawal in the **Federal Register** to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on August 5, 2008. This will incorporate the rule into the federally enforceable SIP. III. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq* .); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq* .); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 *et seq* ., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 5, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: April 11, 2008. Jane Diamond, Acting Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq* . Subpart F—California 2. Section 52.220 is amended by adding paragraphs (c)(255)(i)(A)( *6* ) to read as follows: § 52.220 Identification of plan.
(c)* * *
(255)* * *
(i)* * *
(A)* * * ( *6* ) Rule 105, Emission Statement, adopted on April 20, 1993, and amended September 5, 1996. [FR Doc. E8-12474 Filed 6-5-08; 8:45 am] BILLING CODE 6560-50-P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 08-1185; MB Docket No. 08-30; RM-11419] Television Broadcasting Services; Riverside, CA AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: This document grants a channel substitution for KRCA-DT, Riverside, California, from Channel 45 to Channel 35. DATES: The channel substitution is effective July 5, 2008. FOR FURTHER INFORMATION CONTACT: Shaun A. Maher, Media Bureau,
(202)418-1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Report and Order, MB Docket No. 08-30, adopted May 21, 2008, and released May 21, 2008. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC's Reference Information Center at Portals II, CY-A257, 445 Twelfth Street, SW., Washington, DC 20554. This document may also be purchased from the Commission's duplicating contractors, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or via e-mail *www.BCPIWEB.com* . This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any proposed information collection burden “for small business concerns with fewer than 25 employees,” pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, *see* 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of l980 do not apply to this proceeding. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, *see* 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 Television, Television broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. 2. Section 73.622(i), the post-transition DTV Table of Allotments is amended by revising the entry for “Riverside” under “California” to read as follows: § 73.622 Digital television table of allotments.
(i)* * * Community Channel * * * * * CALIFORNIA: * * * * * Riverside 35 Federal Communications Commission. Barbara A. Kreisman, Chief, Video Division, Media Bureau. [FR Doc. E8-12750 Filed 6-5-08; 8:45 am] BILLING CODE 6712-01-P 73 110 Friday, June 6, 2008 Proposed Rules DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket No. EERE-2008-BT-STD-0006] RIN 1904-AB47 Energy Efficiency Program for Consumer Products: Public Meeting and Availability of the Framework Document for Residential Central Air Conditioners and Heat Pumps AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of public meeting and availability of the Framework Document. SUMMARY: The Department of Energy
(DOE)is initiating the rulemaking and data collection process to consider establishing amended energy conservation standards for residential central air conditioners and heat pumps. Accordingly, DOE will hold an informal public meeting to discuss and receive comments on its planned analytical approach and issues it will address in this rulemaking proceeding. DOE welcomes written comments from the public on this rulemaking. To inform stakeholders and to facilitate this process, DOE has prepared a Framework Document which details the analytical approach and identifies several issues on which DOE is particularly interested in receiving comment. A copy of the Framework Document is available at: *http://www.eere.energy.gov/buildings/appliance_standards/residential/central_ac_hp.html.* DATES: The Department will hold a public meeting on June 12, 2008, from 9 a.m. to 4 p.m. in Washington, DC. Any person requesting to speak at the public meeting should submit such request along with a signed original and an electronic copy of the statement to be given at the public meeting before 4 p.m., June 11, 2008. Written comments on the Framework Document are welcome, especially following the public meeting, and should be submitted by July 7, 2008. ADDRESSES: The public meeting will be held at the U.S. Department of Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Please note that foreign nationals participating in the public meeting are subject to advance security screening procedures. If a foreign national wishes to participate in the public meeting, please inform DOE of this fact as soon as possible by contacting Ms. Brenda Edwards at
(202)586-2945 so that the necessary procedures can be completed. Stakeholders may submit comments, identified by docket number EERE-2008-BT-STD-0006 and/or Regulation Identifier Number
(RIN)1904-AB47, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail: Brenda.Edwards@ee.doe.gov.* Include EERE-2008-BT-STD-0006 and/or RIN 1904-AB47 in the subject line of the message. • *Mail:* Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, Framework Document for Central Air Conditioners and Heat Pumps, EERE-2008-BT-STD-0006 and/or RIN 1904-AB47, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Please submit one signed paper original. • *Hand Delivery/Courier:* Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant Plaza, SW., Washington, DC 20024. Please submit one signed paper original. *Instructions:* All submissions received must include the agency name and docket number or RIN for this rulemaking found at the beginning of this notice. *Docket:* For access to the docket to read background documents, a copy of the transcript of the public meeting, or comments received, go to the U.S. Department of Energy, Resource Room of the Building Technologies Program, Sixth Floor, 950 L'Enfant Plaza, SW., Washington, DC 20024,
(202)586-2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please call Ms. Brenda Edwards first at the above telephone number for additional information regarding visiting the Resource Room. FOR FURTHER INFORMATION CONTACT: Mr. Wes Anderson, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202)586-7335. E-mail: *Wes.Anderson@ee.doe.gov.* Mr. Eric Stas or Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202)586-9507. E-mail: *Eric.Stas@hq.doe.gov* or *Michael.Kido@hq.doe.gov* . For information on how to submit or review public comments and on how to participate in the public meeting, contact Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC, 20585-0121. Telephone
(202)586-2945. E-mail: *Brenda.Edwards@ee.doe.gov* . SUPPLEMENTARY INFORMATION: Part A 1 of Title III of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94-163, as amended by the National Energy Conservation Policy Act, Public Law 95-619, the National Appliance Energy Conservation Act of 1987, Public Law 100-12, the National Appliance Energy Conservation Amendments of 1988, Public Law 100-357, and the Energy Policy Act of 1992, Public Law 102-486, created the “Energy Conservation Program for Consumer Products Other than Automobiles.” (42 U.S.C. 6291-6309) The consumer products subject to this program include residential central air conditioners and central air conditioning heat pumps (hereafter referred to as central air conditioners and heat pumps). 1 This part was originally titled Part B; however, it was redesignated Part A after Part B was repealed by Pub. L. 109-58. The National Appliance Energy Conservation Act of 1987 (NAECA) established energy conservation standards for central air conditioners and heat pumps as well as requirements for determining whether these standards should be amended. Specifically, NAECA established energy conservation standards for central air conditioners and heat pumps in the form of minimum limits on the seasonal energy efficiency ratio
(SEER)for air conditioners and for heat pumps operating in the cooling mode, and on the heating seasonal performance factor
(HSPF)for heat pumps operating in the heating mode. 2 NAECA established the following standards for central air conditioners and heat pumps: 10.0 SEER/6.8 HSPF for split systems and 9.7 SEER/6.6 HSPF for single-package systems. These standards became effective January 1, 1992 for split systems; standards for single-package systems came into effect one year later. *See* 42 U.S.C. 6295(d)(1)(A)-(B) and (2)(A)-(B). NAECA also required that DOE conduct two cycles of rulemakings to determine if more stringent standards are economically justified and technologically feasible. (42 U.S.C. 6295(d)(3)(A)-(B)) 2 NAECA established the following standards for central air conditioners and heat pumps: 10.0 SEER/6.8 HSPF for split systems, 9.7 SEER/6.6 HSPF for single-package systems. Pursuant to 42 U.S.C. 6295(b)(3)(A), DOE published a final rule in the **Federal Register** on January 22, 2001 (2001 final rule), amending the energy conservation standards for central air conditioners and heat pumps. 66 FR 7170. The amended standards increased the minimum SEER to 13 and the minimum HSPF to 7.7, excluding through-the-wall and space-constrained systems. 3 *Id.* This final rule constituted the first cycle of revised standards for central air conditioners and heat pumps. 3 Shortly after the publication of the 2001 final rule, DOE postponed the effective date of the rule to take time to reconsider the amended standards for central air conditioners and heat pumps. DOE eventually promulgated a 12 SEER standard in a final rule published in the **Federal Register** May 23, 2002 (2002 final rule; 67 FR 36368), but the U.S. Court of Appeals for the Second Circuit ruled that DOE had done so improperly. *Natural Resources Defense Council* v. *Abraham* , 355 F.3d 179 (2d Cir. 2004). As a result, DOE published a technical amendment in the **Federal Register** on August 17, 2004, which established a 13 SEER standard for all central air conditioners and heat pumps, excluding through-the-wall and space-constrained systems. 69 FR 50997. EPCA was further amended by the Energy Policy Act of 2005 (EPACT), Public Law 109-58. In Section 141 of EPACT, Congress directed DOE to submit an initial report regarding a plan for expeditiously prescribing new or revised standards. Pursuant to section 141 of EPACT, DOE submitted an implementation report 4 to Congress in January 2006. This report included a schedule for the completion of the second rulemaking cycle of revised standards for central air conditioners and heat pumps, which called for DOE to publish a final rule by June 2011, with a standards compliance effective date of June 2016. In separate court proceedings ( *New York* , v. *Bodman* , No. 05 Civ. 7807 (S.D.N.Y. filed Sept. 7, 2005) and *Natural Resources Defense Council* v. *Bodman* , No. 05 Civ. 7808 (S.D.N.Y. filed Sept. 7, 2005), the resulting consent decree (filed November 6, 2006) adopted the schedule for central air conditioners and heat pumps that DOE published in the January 2006 report to Congress ( *i.e.* , publication of a final rule by June 30, 2011). This Framework Document initiates this second rulemaking cycle for central air conditioners and heat pumps. 4 Energy Conservation Standards Activities, January 2006. This document can be downloaded from the DOE Web site at: *http://www.eere.energy.gov/buildings/appliance_standards/2006_schedule_setting.html* . More recently, EPCA was amended by the Energy Independence and Security Act of 2007 (EISA 2007), Public Law 110-140. In section 306 of EISA 2007, Congress directed DOE to consider regional standards for central air conditioners and heat pumps (among other products), for one or two regions in addition to a base national standard. (42 U.S.C. 6295(o)(6)) EISA 2007 states that in considering regional standards, DOE may consider regions made up of contiguous States only. Further, in section 310 of EISA 2007, Congress directed DOE to consider amended test procedures and standards for standby-mode and off-mode energy consumption by covered equipment (such as central air conditioners and heat pumps) for any standard published after July 1, 2010. (42 U.S.C. 6295(gg)(3)) Because this energy conservation standards rulemaking for central air conditioners and heat pumps will be completed in 2011, the requirement to incorporate standby-mode and off-mode energy use into the energy conservation standards analysis is applicable. To initiate the second rulemaking cycle to consider amended energy conservation standards for central air conditioners and heat pumps, DOE has prepared a Framework Document to explain the issues, analyses, and processes it anticipates using for the development of potential energy conservation standards for central air conditioners and heat pumps. As noted above, DOE will hold a public meeting on June 12, 2008 in Washington, DC, the main focus of which will be to discuss the analyses presented and issued identified in the Framework Document. At the public meeting, the Department will make a number of presentations, invite discussion on the rulemaking process as it applies to central air conditioners and heat pumps, and solicit public comments, data, and information from participants and other stakeholders. The Department encourages those who wish to participate in the public meeting to obtain the Framework Document and to be prepared to discuss its contents. A copy of the draft Framework Document is available at: *http://www.eere.energy.gov/buildings/appliance_standards/residential/central_ac_hp.html* Public meeting participants need not limit their comments to the issues identified in the Framework Document. The Department is also interested in receiving views concerning other relevant issues that participants believe would affect energy conservation standards for these products and applicable test procedures. Furthermore, the Department welcomes all interested parties, whether or not they participate in the public meeting, to submit in writing by July 7, 2008, comments and information on matters addressed in the Framework Document and on other matters relevant to consideration of standards for central air conditioners and heat pumps. The public meeting will be conducted in an informal, facilitated, conference style. There shall be no discussion of proprietary information, costs or prices, market shares, or other commercial matters regulated by U.S. antitrust laws. A court reporter will record the proceedings of the public meeting, after which a transcript will be made available for purchase from the court reporter and available on the above-referenced Web site. After the public meeting and the close of the comment period on the Framework Document, DOE will begin collecting data, conducting the analyses as discussed in the Framework Document and at the public meeting, and reviewing the comments received. DOE considers public participation to be a very important part of the process for setting energy conservation standards. DOE actively encourages the participation and interaction of the public during the comment period in each stage of the rulemaking process. Beginning with the Framework Document, and during each subsequent public meeting and comment period, interactions with and between members of the public provide a balanced discussion of the issues to assist DOE with the standards rulemaking process. Accordingly, anyone who would like to participate in the public meeting, receive meeting materials, or be added to the DOE mailing list to receive future notices and information regarding this rulemaking on central air conditioners and heat pumps, should contact Ms. Brenda Edwards at
(202)586-2945, or via e-mail at: *Brenda.Edwards@ee.doe.gov* . Issued in Washington, DC, on June 2, 2008. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. E8-12753 Filed 6-5-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0619; Directorate Identifier 2007-NM-356-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for certain Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. This proposed AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are proposing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. DATES: We must receive comments on this proposed AD by July 21, 2008. 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. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0619; Directorate Identifier 2007-NM-356-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This condition, if not corrected, could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. FAA's Conclusions We have determined that it is necessary to require an operational test of the engine fuel suction feed of the fuel system, and other related testing, as applicable. Procedures for doing the operational test can be found in the maintenance manual. The other related testing is for airplanes on which deterioration in the engine RPM is found on one or both of the engines during the operational test. Failure of the engine fuel suction feed of the fuel system could result in the unsafe condition described previously. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. The proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. Costs of Compliance We estimate that this proposed AD would affect 166 airplanes of U.S. registry. We also estimate that it would take 1 work-hour per product, per test, to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $13,280, or $80 per product, per test. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0619; Directorate Identifier 2007-NM-356-AD. Comments Due Date
(a)We must receive comments by July 21, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SR, and 747SP series airplanes, certificated in any category. Unsafe Condition
(d)This AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are issuing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Compliance
(e)Comply with this AD within the compliance times specified, unless already done. Operational Test/Other Related Testing
(f)Within 30,000 flight hours after the effective date of this AD, perform an operational test of the engine fuel suction feed of the fuel system, and perform all other related testing, as applicable, before further flight, according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. One approved method is the operational test in Section 28-22-00, titled “Engine Fuel Feed System—Description and Operation,” of the Boeing 747 Maintenance Manual; and Boeing 747 Task Card 4-28-007-05, titled “Engine Fuel Suction Feed System,” dated April 25, 2007. Repeat the operational test thereafter at intervals not to exceed 30,000 flight hours. Thereafter, except as provided in paragraph
(g)of this AD, no alternative procedure or repeat test intervals will be allowed. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle ACO, FAA, ATTN: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590, has the authority to approve AMOCs for this AD, if requested using 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. Issued in Renton, Washington, on June 2, 2008. Michael J. Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-12692 Filed 6-5-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0612; Directorate Identifier 2008-NM-059-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for all Boeing Model 747 airplanes. This proposed AD would require inspecting for cracks in the left- and right-side Stringer 11 longeron adjacent to the horizontal stabilizer pivot bulkhead, and related investigative and corrective actions if necessary. This proposed AD results from a report of a crack found in the right-side Stringer 11 longeron horizontal flange, adjacent to the horizontal stabilizer pivot bulkhead, during a routine maintenance inspection. We are proposing this AD to detect and correct fatigue cracking of the longeron, which can propagate and cause damage to the adjacent horizontal stabilizer pivot bulkhead. This damage could result in loss of structural integrity and consequent inability of the bulkhead to carry flight loads, which could adversely affect controllability of the airplane. DATES: We must receive comments on this proposed AD by July 21, 2008. 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. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6437; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0612; Directorate Identifier 2008-NM-059-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We received a report of a crack found in the right-side Stringer 11 longeron horizontal flange, adjacent to the horizontal stabilizer pivot bulkhead, during a routine maintenance inspection. The airplane had accumulated 28,311 total flight hours and 22,070 total flight cycles. The crack was visible in the exposed inboard edge of the longeron horizontal flange between the upper and lower Station 2598 horizontal stabilizer pivot bulkhead splice fittings. After removal of the fittings it was revealed that the crack had propagated and completely severed the longeron. Boeing analysis indicates that the severed longeron was a result of fatigue that had originated from a fastener hole in the longeron horizontal flange. Fatigue cracking of the longeron can propagate and cause damage to the adjacent horizontal stabilizer pivot bulkhead. This condition, if not corrected, could result in loss of structural integrity and consequent inability of the bulkhead to carry flight loads, which could adversely affect controllability of the airplane. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 747-53A2703, dated February 14, 2008. The service bulletin describes procedures for a surface high frequency eddy current
(HFEC)inspection for cracks in the left- and right-side Stringer 11 longeron exposed surfaces and edges between Stations 2598 and 2607 adjacent to the horizontal stabilizer pivot bulkhead, and related investigative and corrective actions if necessary. The procedures for the related investigative and corrective actions are as follows: • If any crack is found during the surface HFEC inspection: The procedures describe doing a detailed inspection for cracks in the adjacent skin panel and Station 2598 of the horizontal stabilizer pivot bulkhead structure. If any crack is found in the skin panel or bulkhead structure, the crack may be repaired as specified in the 747 structural repair manual, or contact Boeing for repair data and repair. After the repair is installed, the longeron is replaced with a new longeron. • If no crack is found during the surface HFEC inspection: The procedures describe doing an open hole HFEC inspection of the longeron for cracks at the specified fastener hole locations. • If any crack is found during the open hole HFEC inspection: The procedures describe oversizing any cracked hole to remove the crack, and the inspection is repeated for any remaining cracks. If any crack remains after oversizing the hole to the maximum allowed diameter, the longeron is removed and a detailed inspection is done for cracks in the adjacent skin panel and Station 2598 of the horizontal stabilizer pivot bulkhead structure. If any crack is found in the skin panel or bulkhead structure, the crack is repaired as specified in the 747 structural repair manual, or the procedures recommend contacting Boeing for repair data and repair. After the repair is installed, the longeron is replaced with a new longeron. If no crack is found, a new longeron is installed. The compliance times for the actions in the service bulletin are as follows: • The compliance time for the initial surface HFEC inspection is before the accumulation of 20,000 total flight cycles, or within 1,500 flight cycles after the date on the service bulletin, whichever occurs later. If a new longeron is installed, the inspection is repeated before the accumulation of 20,000 flight cycles after the installation. If a longeron is repaired, or if no crack is found during the surface and open hole HFEC inspections, the applicable inspection is repeated at intervals not to exceed 3,000 flight cycles after the repair is done. The related investigative and corrective actions are to be done before further flight after the surface HFEC inspections are done. The above compliance times and actions apply to the left and right side longerons, independently. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we evaluated all relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under “Difference Between the Proposed AD and Service Information.” Difference Between the Proposed AD and Service Information The service bulletin specifies to contact the manufacturer for instructions on how to repair certain conditions, but this proposed AD would require repairing those conditions in one of the following ways: • Using a method that we approve; or • Using data that meet the certification basis of the airplane, and that have been approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization whom we have authorized to make those findings. Costs of Compliance We estimate that this proposed AD would affect 165 airplanes of U.S. registry. We also estimate that it would take 3 work-hours per product to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $39,600, or $240 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0612; Directorate Identifier 2008-NM-059-AD. Comments Due Date
(a)We must receive comments by July 21, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all 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, certificated in any category. Unsafe Condition
(d)This AD results from a report of a crack found in the right-side Stringer 11 longeron horizontal flange, adjacent to the horizontal stabilizer pivot bulkhead, during a routine maintenance inspection. We are issuing this AD to detect and correct fatigue cracking of the longeron, which can propagate and cause damage to the adjacent horizontal stabilizer pivot bulkhead. This damage could result in loss of structural integrity and consequent inability of the bulkhead to carry flight loads, which could adversely affect controllability of the airplane. Compliance
(e)Comply with this AD within the compliance times specified, unless already done. Inspection/Related Investigative and Corrective Actions
(f)Except as provided by paragraph
(g)of this AD: At the applicable times specified in paragraph 1.E. of Boeing Alert Service Bulletin 747-53A2703, dated February 14, 2008, do a surface high frequency eddy current
(HFEC)inspection for cracks in the left- and right-side Stringer 11 longeron exposed surfaces and edges between Station 2598 and 2607 adjacent to the horizontal stabilizer pivot bulkhead; and do all applicable related investigative and corrective actions before further flight, in accordance with the Accomplishment Instructions of the service bulletin, except as provided by paragraph
(h)of this AD. Exception to Compliance Times
(g)Where Boeing Alert Service Bulletin 747-53A2703, dated February 14, 2008, specifies counting the compliance time from “. . . the date on this service bulletin,” this AD requires counting the compliance time from the effective date of this AD. Exception to Corrective Actions
(h)If any crack is found during any inspection required by this AD, and Boeing Alert Service Bulletin 747-53A2703, dated February 14, 2008, specifies to contact Boeing for appropriate action: Before further flight, repair using a method approved in accordance with the procedures specified in paragraph
(i)of this AD. Alternative Methods of Compliance (AMOCs) (i)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, ATTN: Ivan Li, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6437; fax
(425)917-6590 has the authority to approve AMOCs for this AD, if requested using 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. Issued in Renton, Washington, on May 29, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-12712 Filed 6-5-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0620; Directorate Identifier 2007-NM-357-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 747-400, -400D, and -400F Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for certain Boeing Model 747-400, -400D, and -400F series airplanes. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. This proposed AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are proposing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. DATES: We must receive comments on this proposed AD by July 21, 2008. 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. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0620; Directorate Identifier 2007-NM-357-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This condition, if not corrected, could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. FAA's Conclusions We have determined that it is necessary to require an operational test of the engine fuel suction feed of the fuel system, and other related testing, as applicable. Procedures for doing the operational test can be found in the maintenance manual. The other related testing is for airplanes on which deterioration in the engine RPM is found on one or both of the engines during the operational test. Failure of the engine fuel suction feed of the fuel system could result in the unsafe condition described previously. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. Costs of Compliance We estimate that this proposed AD would affect 79 airplanes of U.S. registry. We also estimate that it would take 1 work-hour per product, per test, to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $6,320, or $80 per product, per test. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0620; Directorate Identifier 2007-NM-357-AD. Comments Due Date
(a)We must receive comments by July 21, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 747 -400, -400D, and -400F series airplanes, certificated in any category. Unsafe Condition
(d)This AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are issuing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in multi-engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Compliance
(e)Comply with this AD within the compliance times specified, unless already done. Operational Test/Other Related Testing
(f)Within 30,000 flight hours after the effective date of this AD, perform an operational test of the engine fuel suction feed of the fuel system, and perform all other related testing, as applicable, before further flight, according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. One approved method is the operational test in Section 28-22-00, titled “Engine Fuel Feed System—Description and Operation,” of the Boeing 747 Aircraft Maintenance Manual; and Boeing 747-400 Task Card 28-022-04-01, titled “Operationally Check the Engine Fuel Suction Feed System,” dated June 18, 2007. Repeat the operational test thereafter at intervals not to exceed 30,000 flight hours. Thereafter, except as provided in paragraph
(g)of this AD, no alternative procedure or repeat test intervals will be allowed. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle ACO, FAA, ATTN: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590, has the authority to approve AMOCs for this AD, if requested using 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. Issued in Renton, Washington, on May 16, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-12725 Filed 6-5-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0613; Directorate Identifier 2008-NM-066-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300-600 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for the products listed above. This proposed AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: One operator experienced failures of four Fuel Level Sensor-Amplifier
(FLSA)and Multi Tank Indicators
(MTI)units. FLSA and MTI failures have been identified as having been caused by incorrect connector sleeves material fitted to the MTI units. Degradation of the electrical insulation sleeves of the Low-level indication lamps on the MTI on the flight deck can cause a short circuit that might result in high voltage being conveyed to the high- and low-level sensors in the outer tanks. This might cause the level sensor to heat above acceptable limits. This action is necessary to prevent overheating of the fuel level sensors, which could result in a fuel tank explosion and consequent loss of the airplane. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by July 7, 2008. 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, 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 Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1138; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0613; Directorate Identifier 2008-NM-066-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on 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 proposed AD. Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Airworthiness Directive 2008-0055, dated March 5, 2008 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: One operator experienced failures of four Fuel Level Sensor-Amplifier
(FLSA)and Multi Tank Indicators
(MTI)units. FLSA and MTI failures have been identified as having been caused by incorrect connector sleeves material fitted to the MTI units. Degradation of the electrical insulation sleeves of the Low-level indication lamps on the MTI on the flight deck can cause a short circuit that might result in high voltage being conveyed to the high- and low-level sensors in the outer tanks. This might cause the level sensor to heat above acceptable limits. For the reasons stated above, this Airworthiness Directive
(AD)requires the accomplishment of wiring modifications to protect the FLSA and the Flight Warning Computers from 115V AC and 28V DC short circuits within the MTI. This action is necessary to prevent overheating of the fuel level sensors, which could result in a fuel tank explosion and consequent loss of the airplane. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Airbus has issued Service Bulletin A300-28A6096, Revision 01, dated April 16, 2008. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have proposed different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the proposed AD. Costs of Compliance Based on the service information, we estimate that this proposed AD would affect about 151 products of U.S. registry. We also estimate that it would take about 5 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $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 costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $60,400, or $400 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Airbus:** Docket No. FAA-2008-0613; Directorate Identifier 2008-NM-066-AD. Comments Due Date
(a)We must receive comments by July 7, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all Airbus Model A300-600 airplanes, certificated in any category; all certified models, all serial numbers. Subject
(d)Air Transport Association
(ATA)of America Code 28: Fuel. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: One operator experienced failures of four Fuel Level Sensor-Amplifier
(FLSA)and Multi Tank Indicators
(MTI)units. FLSA and MTI failures have been identified as having been caused by incorrect connector sleeves material fitted to the MTI units. Degradation of the electrical insulation sleeves of the Low-level indication lamps on the MTI on the flight deck can cause a short circuit that might result in high voltage being conveyed to the high and low level sensors in the outer tanks. This might cause the level sensor to heat above acceptable limits. For the reasons stated above, this Airworthiness Directive
(AD)requires the accomplishment of wiring modifications to protect the FLSA and the Flight Warning Computers from 115V AC and 28V DC short circuits within the MTI. This action is necessary to prevent overheating of the fuel level sensors, which could result in a fuel tank explosion and consequent loss of the airplane. Actions and Compliance
(f)Within 3 months after the effective date of this AD, unless already done: Modify the wiring in the right-hand electronics rack in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-28A6096, Revision 01, dated April 16, 2008. Previous accomplishment of the modification before the effective date of this AD in accordance with Airbus Service Bulletin A300-28A6096, dated October 19, 2007, meets the requirements in this paragraph. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1138; 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 European Aviation Safety Agency Airworthiness Directive 2008-0055, dated March 5, 2008, and Airbus Service Bulletin A300-28A6096, Revision 01, dated April 16, 2008, for related information. Issued in Renton, Washington, on May 29, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-12727 Filed 6-5-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0616; Directorate Identifier 2007-NM-353-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 767 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for all Boeing Model 767 airplanes. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. This proposed AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are proposing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. DATES: We must receive comments on this proposed AD by July 21, 2008. 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. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0616; Directorate Identifier 2007-NM-353-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This condition, if not corrected, could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. FAA's Conclusions We have determined that it is necessary to require an operational test of the engine fuel suction feed of the fuel system, and other related testing, as applicable. Procedures for doing the operational test can be found in the maintenance manual. The other related testing is for airplanes on which one or both of the engines stop idling in less than five minutes after starting the test. Failure of the engine fuel suction feed of the fuel system could result in the unsafe condition described previously. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. Costs of Compliance We estimate that this proposed AD would affect 416 airplanes of U.S. registry. We also estimate that it would take 1 work-hour per product, per test, to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $33,280, or $80 per product, per test. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0616; Directorate Identifier 2007-NM-353-AD. Comments Due Date
(a)We must receive comments by July 21, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all Boeing Model 767-200, -300, -300F, and -400ER series airplanes, certificated in any category. Unsafe Condition
(d)This AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are issuing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Compliance
(e)Comply with this AD within the compliance times specified, unless already done. Operational Test/Other Related Testing
(f)Within 7,500 flight hours after the effective date of this AD, perform an operational test of the engine fuel suction feed of the fuel system, and perform all other related testing, as applicable, before further flight, according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. One approved method is the operational test in Section 28-22-00, titled “Engine Fuel Feed System—Description and Operation,” of the Boeing 767 Maintenance Manual; and Boeing 767 Task Card 28-018-02, titled “Engine Fuel Suction Feed System,” dated August 22, 2007. Repeat the operational test thereafter at intervals not to exceed 7,500 flight hours. Thereafter, except as provided in paragraph
(g)of this AD, no alternative procedure or repeat test intervals will be allowed. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle ACO, FAA, ATTN: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590, has the authority to approve AMOCs for this AD, if requested using 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. Issued in Renton, Washington, on May 16, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-12684 Filed 6-5-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0618; Directorate Identifier 2007-NM-355-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 777 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for all Boeing Model 777 airplanes. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. This proposed AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are proposing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. DATES: We must receive comments on this proposed AD by July 21, 2008. 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. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0618; Directorate Identifier 2007-NM-355-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This condition, if not corrected, could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. FAA's Conclusions We have determined that it is necessary to require an operational test of the engine fuel suction feed of the fuel system, and other related testing, as applicable. Procedures for doing the operational test can be found in the maintenance manual. The other related testing is for airplanes on which one or both of the engines stop idling in less than five minutes after starting the test. Failure of the engine fuel suction feed of the fuel system could result in the unsafe condition described previously. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. This proposed AD would require repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. Costs of Compliance We estimate that this proposed AD would affect 676 airplanes of U.S. registry. We also estimate that it would take 1 work-hour per product, per test, to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $54,080, or $80 per product, per test. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0618; Directorate Identifier 2007-NM-355-AD. Comments Due Date
(a)We must receive comments by July 21, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all Boeing Model 777-200, -200LR, -300, and -300ER series airplanes, certificated in any category. Unsafe Condition
(d)This AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are issuing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Compliance
(e)Comply with this AD within the compliance times specified, unless already done. Operational Test/Other Related Testing
(f)Within 7,500 flight hours after the effective date of this AD, perform an operational test of the engine fuel suction feed of the fuel system, and perform all other related testing, as applicable, before further flight, according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. One approved method is the operational test in Section 28-22-00, titled “Engine Fuel Feed—General Description,” of the Boeing 777 Aircraft Maintenance Manual; and Boeing 777 Task Card 28-020-02-01, titled “Fuel Feed Manifold,” dated May 5, 2007. Repeat the operational test thereafter at intervals not to exceed 7,500 flight hours. Thereafter, except as provided in paragraph
(g)of this AD, no alternative procedure or repeat test intervals will be allowed. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle ACO, FAA, ATTN: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590, has the authority to approve AMOCs for this AD, if requested using 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. Issued in Renton, Washington, on May 16, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-12691 Filed 6-5-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0617; Directorate Identifier 2007-NM-354-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for certain Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. This proposed AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are proposing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. DATES: We must receive comments on this proposed AD by July 21, 2008. 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. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0617; Directorate Identifier 2007-NM-354-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This condition, if not corrected, could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. FAA's Conclusions We have determined that it is necessary to require an operational test of the engine fuel suction feed of the fuel system, and other related testing, as applicable. Procedures for doing the operational test can be found in the maintenance manual. The other related testing is for airplanes on which one or both of the engines stop idling in less than five minutes after starting the test. Failure of the engine fuel suction feed of the fuel system could result in the unsafe condition described previously. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. The proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. Costs of Compliance We estimate that this proposed AD would affect 825 airplanes of U.S. registry. We also estimate that it would take 1 work-hour per product, per test, to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $66,000, or $80 per product, per test. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0617; Directorate Identifier 2007-NM-354-AD. Comments Due Date
(a)We must receive comments by July 21, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Boeing Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes, certificated in any category. Unsafe Condition
(d)This AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are issuing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Compliance
(e)Comply with this AD within the compliance times specified, unless already done. Operational Test/Other Related Testing
(f)Within 7,500 flight hours after the effective date of this AD, perform an operational test of the engine fuel suction feed of the fuel system, and perform all other related testing, as applicable, before further flight, according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. One approved method is the operational test in Section 28-22-00, titled “Engine Fuel Feed System—Adjustment/Test,” of the Boeing 737-600/700/800/900 Aircraft Maintenance Manual (AMM); and Boeing 737-600/700/800/900 Task Card 28-050-00-01, titled “Engine Fuel Suction Feed,” dated February 15, 2008. Repeat the operational test thereafter at intervals not to exceed 7,500 flight hours. Thereafter, except as provided in paragraph
(g)of this AD, no alternative procedure or repeat test intervals will be allowed. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle ACO, FAA, ATTN: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590, has the authority to approve AMOCs for this AD, if requested using 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. Issued in Renton, Washington, on May 16, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-12685 Filed 6-5-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0615; Directorate Identifier 2007-NM-352-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 757 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for all Boeing Model 757 airplanes. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. This proposed AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are proposing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. DATES: We must receive comments on this proposed AD by July 21, 2008. 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. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0615; Directorate Identifier 2007-NM-352-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This condition, if not corrected, could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. FAA's Conclusions We have determined that it is necessary to require an operational test of the engine fuel suction feed of the fuel system, and other related testing, as applicable. Procedures for doing the operational test can be found in the maintenance manual. The other related testing is for airplanes on which one or both of the engines stop idling in less than five minutes after starting the test. Failure of the engine fuel suction feed of the fuel system could result in the unsafe condition described previously. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. Costs of Compliance We estimate that this proposed AD would affect 673 airplanes of U.S. registry. We also estimate that it would take 1 work-hour per product, per test, to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $53,840, or $80 per product, per test. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0615; Directorate Identifier 2007-NM-352-AD. Comments Due Date
(a)We must receive comments by July 21, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all Boeing Model 757-200, -200PF, -200CB, and -300 series airplanes, certificated in any category. Unsafe Condition
(d)This AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are issuing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Compliance
(e)Comply with this AD within the compliance times specified, unless already done. Operational Test/Other Related Testing
(f)Within 7,500 flight hours after the effective date of this AD, perform an operational test of the engine fuel suction feed of the fuel system, and perform all other related testing, as applicable, before further flight, according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. One approved method is the operational test in Section 28-22-00, titled “Engine Fuel Feed System—Description/Operation,” of the Boeing 757 Maintenance Manual; and Boeing 757 Task Card 28-013-01, titled “Engine Fuel Suction Feed System,” dated September 28, 2007. Repeat the operational test thereafter at intervals not to exceed 7,500 flight hours. Thereafter, except as provided in paragraph
(g)of this AD, no alternative procedure or repeat test intervals will be allowed. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle ACO, FAA, ATTN: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590, has the authority to approve AMOCs for this AD, if requested using 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. Issued in Renton, Washington, on May 16, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-12749 Filed 6-5-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0614; Directorate Identifier 2007-NM-351-AD] RIN 2120-AA64 Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: We propose to adopt a new airworthiness directive
(AD)for all Boeing Model 737-300, -400, and -500 series airplanes. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. This proposed AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are proposing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. DATES: We must receive comments on this proposed AD by July 21, 2008. 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. 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0614; Directorate Identifier 2007-NM-351-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We have received a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. This condition, if not corrected, could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. FAA's Conclusions We have determined that it is necessary to require an operational test of the engine fuel suction feed of the fuel system, and other related testing, as applicable. Procedures for doing the operational test can be found in the maintenance manual. The other related testing is for airplanes on which deterioration or fast changes in the engine RPM are found during the operational test. Failure of the engine fuel suction feed of the fuel system could result in the unsafe condition described previously. FAA's Determination and Requirements of This Proposed AD We are proposing this AD because we have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same type design. This proposed AD would require performing repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. Costs of Compliance We estimate that this proposed AD would affect 669 airplanes of U.S. registry. We also estimate that it would take 1 work-hour per product, per test, to comply with this proposed AD. The average labor rate is $80 per work-hour. Based on these figures, we estimate the cost of this proposed AD to the U.S. operators to be $53,520, or $80 per product, per test. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866, 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **Boeing:** Docket No. FAA-2008-0614; Directorate Identifier 2007-NM-351-AD. Comments Due Date
(a)We must receive comments by July 21, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to all Boeing Model 737-300, -400, and -500 series airplanes, certificated in any category. Unsafe Condition
(d)This AD results from a report of in-service occurrences of loss of fuel system suction feed capability, followed by total loss of pressure of the fuel feed system. We are issuing this AD to detect and correct failure of the engine fuel suction feed of the fuel system, which could result in dual engine flameout, inability to restart the engines, and consequent forced landing of the airplane. Compliance
(e)Comply with this AD within the compliance times specified, unless already done. Operational Test/Related Testing
(f)Within 7,500 flight hours after the effective date of this AD, perform an operational test of the engine fuel suction feed of the fuel system, and perform all related testing, as applicable, before further flight, according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. One approved method is the operational test in Section 28-22-00, titled “Engine Fuel Feed System—Maintenance Practices,” of the Boeing 737-300/400/500 Maintenance Manual (MM); and Boeing 737-300/400/500 Task Card B28-22-00-2B, titled “Engine Fuel Suction Feed—Operational Test,” dated July 12, 2006. Repeat the operational test thereafter at intervals not to exceed 7,500 flight hours. Thereafter, except as provided in paragraph
(g)of this AD, no alternative procedure or repeat test intervals will be allowed. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Seattle ACO, FAA, ATTN: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425)917-6438; fax
(425)917-6590, has the authority to approve AMOCs for this AD, if requested using 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. Issued in Renton, Washington, on May 16, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-12752 Filed 6-5-08; 8:45 am] BILLING CODE 4910-13-P FEDERAL TRADE COMMISSION 16 CFR Part 317 [Project No. P082900] RIN 3084-AB12 Prohibitions On Market Manipulation and False Information in Subtitle B of Title VIII of The Energy Independence and Security Act of 2007 AGENCY: Federal Trade Commission. ACTION: Extension of period to submit comments in response to the Advance Notice of Proposed Rulemaking. SUMMARY: In a **Federal Register** notice issued and announced on May 1, 2008, 1 and published in the **Federal Register** on May 7, 2008 (“Notice”), 2 the Federal Trade Commission (“Commission” or “FTC”) requested comment on its Advance Notice of Proposed Rulemaking (“ANPR”) in connection with its rulemaking pursuant to Section 811 of the Energy Independence and Security Act of 2007 (“EISA”). The ANPR stated that comments must be submitted on or before June 6, 2008. In response to a request to extend the comment period received on May 19, 2008, the Commission has determined to extend the comment period for an additional 15 days. 1 The Notice was announced in a press release on May 1, 2008, available at: ( *http://www.ftc.gov/opa/2008/05/anpr.shtm.* ) 2 Federal Trade Commission, *Prohibitions On Market Manipulation and False Information in Subtitle B of the Energy Independence and Security Act of 2007* , 73 FR 25614 (May 7, 2008). DATES: Comments addressing the Market Manipulation ANPR must be received on or before June 23, 2008. ADDRESSES: Comments should refer to “Market Manipulation Rulemaking, P082900” to facilitate the organization of comments. Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled “Confidential,” and must comply with Commission Rule 4.9(c). 3 3 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission’s General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). Because paper mail in the Washington area, and specifically to the FTC, is subject to delay due to heightened security screening, please consider submitting your comments in electronic form. Comments filed in electronic form should be submitted by using the following weblink: ( * https:// secure.commentworks.com/ftc-marketmanipulationANPR/ * )(and following the instructions on the web-based form). To ensure that the Commission considers an electronic comment, you must file it on the web-based form at the weblink ( *https://secure.commentworks.com/ftc-marketmanipulationANPR/* ). If this notice appears at *http://www.regulations.gov* , you may also file an electronic comment through that website. The Commission will consider all comments that regulations.gov forwards to it. You may also visit the FTC website at ( *http://www.ftc.gov/opa/index.shtml* )to read the ANPR and the news release describing it. A comment filed in paper form should include the “Market Manipulation Rulemaking, P082900” reference both in the text and on the envelope, and should be mailed to the following address: Federal Trade Commission, Market Manipulation Rulemaking, P.O. Box 2846, Fairfax, VA 22031-0846. This address does not accept courier or overnight deliveries. Courier or overnight deliveries should be delivered to: Federal Trade Commission/Office of the Secretary, Room H-135 (Annex G), 600 Pennsylvania Avenue, NW, Washington, DC 20580. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives, whether filed in paper or electronic form. Comments received will be available to the public on the FTC website, to the extent practicable, at *http://www.ftc.gov* . As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy, at ( *http://www.ftc.gov/ftc/privacy.htm* ). FOR FURTHER INFORMATION CONTACT: James Mongoven, Deputy Assistant Director of Policy & Coordination, Bureau of Competition, Federal Trade Commission, Market Manipulation Rulemaking, P.O. Box 2846, Fairfax, VA 22031-0846,
(202)326-3772. SUPPLEMENTARY INFORMATION: On May 7, 2008, the Commission published an ANPR pursuant to the authority granted to it in Section 811 of the EISA to promulgate regulations prohibiting “market manipulation” in the petroleum industry. In that Notice, the Commission solicited comment on a variety of topics including the scope of a proposed Rule; the impact of other agencies’ extant rules against market manipulation on a proposed Rule; and the effectiveness of monetary penalties in curbing behavior proscribed by a proposed Rule. The ANPR stated that the period for submitting initial comments would close on June 6, 2008. On May 19, 2008, the Commission received a letter from counsel for the American Petroleum Institute (“API”) requesting that the Commission extend the comment deadline in the ANPR proceeding for an additional 60 days, resulting in a 90-day comment period. In its request, API advances three arguments in support of an extension of the comment period. First, API argues that additional time is needed to canvass its more than 400 members and to “consolidate and present that information for the Commission’s consideration.” Second, API contends that the extension is necessary to ensure that there is “sufficient time for thoughtful deliberation” about the “many novel and complex issues” addressed in the ANPR. Third, API opines that “defining ‘manipulation’ is inherently difficult and not within the Commission’s traditional antitrust or consumer protection experience,” and thus providing additional time to commenters will yield more carefully considered comments, which will be beneficial to the Commission as it proceeds. The Commission is sympathetic to the concerns raised by API. The Commission, however, is not persuaded that a full 60-day extension—which would triple the time allocated by the Commission for the receipt of comments—is necessary to ensure that interested parties have an adequate opportunity to prepare and submit thoughtful responses at this stage in the proceeding. The Commission believes that a 15-day extension of the initial 30-day comment period should be sufficient to enable API and all other commenters to finalize and submit comments in response to the ANPR while avoiding unnecessary delay. Further, in the event that the Commission determines to issue a Notice of Proposed Rulemaking in this proceeding, interested parties will be afforded an additional period of time in which to submit comments in response to a proposed Rule. Accordingly, the Commission has determined to extend the comment period set forth in the ANPR until June 23, 2008. 4 4 Under Commission Rule 4.3(a), the 15-day comment period begins on Monday, June 9, 2008, the first business day after the date on which the comment period is currently scheduled to end. 16 CFR 4.3(a). By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E8-12739 Filed 6-5-08: 8:45 am] [BILLING CODE 6750-01-S] COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 150 RIN 3038-AC140 Revision of Federal Speculative Position Limits AGENCY: Commodity Futures Trading Commission. ACTION: Proposed rules; withdrawal. SUMMARY: On November 21, 2007, the Commodity Futures Trading Commission (Commission or CFTC) published a proposed rulemaking to increase the Federal speculative position limits for certain agricultural commodity contracts set out in Commission regulation 150.2 (proposed rulemaking). 1 The proposed rulemaking would have increased the single-month and all-months-combined position limits for all contracts except contracts based on oats in accordance with the formula set out in Commission regulation 150.5(c). The proposed rulemaking would have also required the aggregation of traders' positions in contracts that share substantially identical terms with regulation 150.2-enumerated contracts, regardless of whether such contracts were specifically delineated in that regulation, for the purposes of ascertaining compliance with the Federal speculative position limits. For the reasons provided below, the Commission has determined to withdraw the proposed rulemaking. 1 Revision of Federal Speculative Position Limits, 72 FR 65483 (November 21, 2007). FOR FURTHER INFORMATION CONTACT: Donald Heitman, Senior Special Counsel, Division of Market Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581, telephone
(202)418-5041, facsimile number
(202)418-5507, e-mail *dheitman@cftc.gov* ; or Martin Murray, Economist, Division of Market Oversight, telephone
(202)418-5276, facsimile number
(202)418-5507, e-mail *mmurray@cftc.gov* . SUPPLEMENTARY INFORMATION: The Commission has long established and enforced speculative position limits for futures contracts on various agricultural commodities. The Commission periodically reviews these Federal speculative position limits, which are set out in Commission regulation 150.2. 2 On November 21, 2007, the Commission published its proposed rulemaking to increase Federal speculative position limits for all single-month and all-months-combined positions in all commodity markets enumerated in Commission regulation 150.2, except Chicago Board of Trade
(CBT)Oats, based on the formula set out in Commission regulation 150.5(c). The rulemaking proposed to increase levels for single-month and all-months-combined positions for CBT Corn, Soybeans, Wheat, Soybean Oil, and Soybean Meal; Minneapolis Grain Exchange Hard Red Spring Wheat; Kansas City Board of Trade Hard Winter Wheat; and New York Board of Trade 3 Cotton No. 2. In addition, the rulemaking proposed to require the aggregation of positions in contracts that share substantially identical terms with regulation 150.2-enumerated contracts, regardless of whether such contracts were specifically delineated in that regulation, for the purposes of ascertaining traders' compliance with the Federal speculative position limits. 2 Commission regulation 150.2 imposes three types of position limits for each specified contract: a spot month limit, a single-month limit, and an all-months-combined limit. The Commission most recently adopted amendments to levels for Federal speculative position limits in 2005. *See* 70 FR 24705 (May 11, 2005). 3 The New York Board of Trade was acquired by ICE Futures U.S. in January, 2007. The Commission requested public comment by December 21, 2007. On December 31, 2007, the Commission extended the initial comment period to January 21, 2008 to give interested parties additional opportunity to comment. 4 The Commission received a total of 40 comment letters in response to its **Federal Register** publication. 5 Six letters generally favored the proposed regulations and 34 letters were generally opposed to their adoption. An Agricultural Forum held by the Commission on April 22, 2008 served as an additional venue for the presentation of views with respect to the proposed rulemaking and a related Commission proposal to adopt a risk management exemption from the Federal speculative position limits. 6 4 72 FR 74213 (December 31, 2007). 5 **Federal Register** Comment File 07-014, *available at http://www.cftc.gov/lawandregulation/federalregister/federalregistercomments/2007/07-014.html* . 6 Risk Management Exemption from Federal Speculative Position Limits, 72 FR 66097 (November 27, 2007) (to be withdrawn). Collectively, the comments received in response to the proposed rulemaking and at the Commission's April 22 Agricultural Forum reflected differing perspectives on a wide range of issues of substantive import to the proposed rulemaking. The issues covered by the commenters, both in favor and opposed to the Commission's proposal to revise the Federal speculative position limits, included product margin requirements, the convergence of cash and futures transaction prices, the impact of commodity-linked instruments traded on national securities exchanges on CFTC regulated transactions, the degree of transparency for market participation, and the quantification of the impact of speculative trading on market volatility. In light of the wide range of divergent positions that have been put forth by interested parties, the current market conditions for the contracts that would be affected by the proposed rulemaking, and in order to determine whether further consensus among the affected parties should be sought, the Commission has determined to withdraw the proposed rulemaking pending further consideration of the relevant issues. Issued by the Commission this June 2, 2008, in Washington, DC. David Stawick, Secretary of the Commission. [FR Doc. E8-12728 Filed 6-5-08; 8:45 am] BILLING CODE 6351-01-P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 150 RIN 3038-AC40 Risk Management Exemption From Federal Speculative Position Limits AGENCY: Commodity Futures Trading Commission. ACTION: Proposed rules; withdrawal. SUMMARY: On November 27, 2007, the Commodity Futures Trading Commission (Commission or CFTC) published proposed rules to create a “risk management exemption” from Federal speculative position limits—the limits on the size of speculative positions that traders may hold or control in futures and futures equivalent option contracts on certain designated agricultural commodities. The Commission has determined to withdraw these proposed rules. FOR FURTHER INFORMATION CONTACT: Donald Heitman, Senior Special Counsel, Division of Market Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581, telephone
(202)418-5041, facsimile number
(202)418-5507, electronic mail *dheitman@cftc.gov* ; or John Fenton, Director of Surveillance, Division of Market Oversight, telephone
(202)418-5298, facsimile number
(202)418-5507, electronic mail *jfenton@cftc.gov* . SUPPLEMENTARY INFORMATION: Commission regulation 150.2 imposes limits on the size of speculative positions that traders may hold or control in futures and futures equivalent option contracts on certain designated agricultural commodities named therein. Commission regulation 150.3 lists certain types of positions that may be exempted from these Federal speculative position limits. On November 27, 2007, the Commission published proposed amendments that would provide an additional exemption from Federal speculative position limits for “risk management positions” (proposed rulemaking). 1 The proposal defined a risk management position as a futures or futures equivalent position, held as part of a broadly diversified portfolio of long-only or short-only futures or futures equivalent positions, that is based upon either:
(1)A fiduciary obligation to match or track the results of a broadly diversified index that includes the same commodity markets in fundamentally the same proportions as the futures or futures equivalent position; or
(2)a portfolio diversification plan that has, among other substantial asset classes, an exposure to a broadly diversified index that includes the same commodity markets in fundamentally the same proportions as the futures or futures equivalent position. The exemption, as proposed, would have been subject to certain conditions, including that the positions be passively managed, unleveraged, and not carried into the spot month. 1 Risk Management Exemption from Federal Speculative Position Limits, 72 FR 66097 (November 27, 2007). The Commission requested public comment by January 28, 2008. The Commission received a total of 10 comment letters in response to its **Federal Register** publication. 2 Three letters generally favored the proposed regulations and seven letters were generally opposed to their adoption. An Agricultural Forum held by the Commission on April 22, 2008 served as an additional venue for the presentation of views with respect to the proposed rulemaking and a related Commission proposal to revise the Federal speculative position limits delineated in Commission regulation 150.2. 3 2 **Federal Register** Comment File 07-015, *available at http://www.cftc.gov/lawandregulation/federalregister/federalregistercomments/2007/07-015.html* . 3 Revision of Federal Speculative Position Limits, 72 FR 65483 (November 21, 2007) (to be withdrawn). Collectively, the comments received in response to the proposed rulemaking and at the Commission's April 22 Agricultural Forum reflected differing perspectives on a wide range of issues of substantive import to the proposed rulemaking. The issues covered by the commenters, both in favor and opposed to the Commission's proposal to adopt a risk management exemption from the Federal speculative position limits, included product margin requirements, the convergence of cash and futures transaction prices, the impact of commodity-linked instruments traded on national securities exchanges on CFTC regulated transactions, the degree of transparency for market participation, and the quantification of the impact of speculative trading on market volatility. In light of the wide range of divergent positions that have been put forth by interested parties, the current market conditions for the contracts that would be affected by the proposed rulemaking, and in order to determine whether further consensus among the affected parties should be sought, the Commission has determined to withdraw the proposed rulemaking pending further consideration of the relevant issues. Issued by the Commission June 2, 2008, in Washington, DC. David Stawick, Secretary of the Commission. [FR Doc. E8-12723 Filed 6-5-08; 8:45 am] BILLING CODE 6351-01-P DEPARTMENT OF JUSTICE 28 CFR Part 75 [Docket No. CRM 105; AG Order No. 2966-2008] RIN 1105-AB19 Inspection of Records Relating to Depiction of Simulated Sexually Explicit Performances AGENCY: Department of Justice. ACTION: Proposed rule. SUMMARY: This rule proposes to amend record-keeping, labeling, and inspection requirements to implement provisions of the Adam Walsh Child Protection and Safety Act of 2006 that require producers of depictions of simulated sexually explicit conduct to maintain records documenting that performers in those depictions are at least 18 years of age. The rule also implements provisions of the Adam Walsh Act that create a certification regime for the exemption of producers, in certain circumstances, from those requirements and from similar requirements for producers of visual depictions of the lascivious exhibition of the genitals or pubic area of a person. DATES: Written comments must be received by August 5, 2008. ADDRESSES: Written comments may be submitted to: Andrew Oosterbaan, Chief, Child Exploitation and Obscenity Section, Criminal Division, United States Department of Justice, Washington, DC 20530; Attn: “Docket No. CRM 105.” Comments may be submitted electronically to *www.regulations.gov* by using the electronic comment form provided on that site. Comments submitted electronically must include “Docket No. CRM 105” in the subject box. You may also view an electronic version of this rule at the *www.regulations.gov* site. Facsimile comments may be submitted to:
(202)514-1793. This is not a toll-free number. Comments submitted by facsimile must include “Docket No. CRM 105” on the cover sheet. FOR FURTHER INFORMATION CONTACT: Andrew Oosterbaan, Chief, Child Exploitation and Obscenity Section, Criminal Division, United States Department of Justice, Washington, DC 20530;
(202)514-5780. This is not a toll-free number. SUPPLEMENTARY INFORMATION: Public Comments Please note that because the Department of Justice is now fully operational using the *www.regulations.gov* site, the Child Exploitation and Obscenity Section, Criminal Division has deactivated the e-mail address for electronic comments that it published in rulemakings before the Department started using *www.regulations.gov.* In order to ensure that electronic comments are received by the Department, commenters submitting electronic comments must use the electronic comment form provided on the *www.regulations.gov* site. Please also note that all comments received are considered part of the public record and made available for public inspection online at *www.regulations.gov.* Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You also must locate all the personal identifying information you do not want posted online in the first paragraph of your comment and identify in that paragraph what information you want redacted. If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You also must identify prominently any confidential business information to be redacted within the comment. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment might not be posted on *www.regulations.gov.* Personal identifying information identified and located as set forth above will be placed in the agency's public docket file, but not posted online. Confidential business information identified and located as set forth above will not be placed in the public docket file. If you wish to inspect the agency's public docket file in person by appointment, please see the “For Additional Information” paragraph. Discussion On July 27, 2006, President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-2 48 (“the Act”). As described in more detail below, section 503(a) of the Act provides that producers of visual depictions of simulated sexually explicit conduct “shall create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.” 18 U.S.C. 2257A(a). The Act requires producers of visual depictions of simulated sexually explicit conduct to:
(1)Ascertain, by examination of an identification document containing such information, the performer's name and date of birth, and require the performer to provide such other indicia of his or her identity as may be prescribed by regulations;
(2)Ascertain any name, other than the performer's present and correct name, ever used by the performer including maiden name, alias, nickname, stage, or professional name; and
(3)Record * * * the information required by paragraphs
(1)and
(2)of this subsection and such other identifying information as may be prescribed by regulation. *Id.* 2257A(b). Furthermore, the Act requires that producers of material covered by the statute “shall maintain the records * * * at their business premises, or at such other place as the Attorney General may by regulation prescribe and shall make such records available to the Attorney General for inspection at all reasonable times.” *Id.* 2257A(c). Producers also must “cause to be affixed to” matter containing the visual depictions covered by section 2257A “a statement describing where the records required by this section with respect to all performers depicted in that copy of the matter may be located,” *Id.* 2257A(e)(1), and the Act makes it illegal, *inter alia,* “for any person knowingly to sell or otherwise transfer, or offer for sale or transfer” any such matter “which does not have affixed thereto * * * a statement describing where the records required by this section may be located,” *id.* 2257A(f)(4). Violation of these requirements is a misdemeanor, subject to imprisonment for not more than one year, a criminal fine, or both. *See id.* 2257A(i)(1). The Act also created an exemption from the record-keeping requirements of section 2257A. One part of this exemption states that section 2257A does not apply to matter that
(1)is intended for commercial distribution,
(2)is created as a part of a commercial enterprise by a person who certifies to the Attorney General that he regularly and in the normal course of business collects and maintains individually identifiable name and age information regarding all performers for purposes such as Federal and State tax, labor, and other laws, and
(3)is not produced, marketed, or otherwise made available in circumstances such that an ordinary person would conclude that it is child pornography. *See id.* 2257A(h)(1)(A). The other part of this exemption states that section 2257A does not apply to matter that
(1)is produced by someone subject to the authority and regulation of the Federal Communications Commission enforcing federal bans on the broadcast of obscene, indecent, or profane programming, and
(2)is created as a part of a commercial enterprise by a person who certifies to the Attorney General that he regularly and in the normal course of business collects and maintains individually identifiable name and age information regarding all performers, for purposes such as federal and state tax, labor, and other laws. *See id.* 2257A(h)(1)(B). The Act also permits such a certification for producers of visual depictions of the lascivious exhibition of the genitals or pubic area of a person (hereinafter “lascivious exhibition”) for which record-keeping, inspection, and labeling requirements apply under 18 U.S.C. 2257. *See id.* 2257A(h)(1)(A), (B). Section 2257 requires that producers of depictions of actual sexually explicit conduct maintain identity and age records for performers in those depictions, and the Act amended section 2257, *inter alia* , to cover lascivious exhibition. *See id.* 2257(h)(1) (as amended by section 502(a)(4) of the Act). Background In enacting section 2257 in 1988, Congress imposed record-keeping requirements related to visual depictions of actual sexually explicit conduct. Section 2257 has been critical to protecting children from exploitation as performers in visual depictions of sexually explicit conduct. Children are incapable of giving voluntary and knowing consent to perform in such depictions. The consequences to children depicted in them are devastating and can follow them for years or even their entire lives. Furthermore, viewers of such depictions themselves may sexually abuse children, and pedophiles use such depictions to feed their predilections and to groom potential victims. Performers in such depictions therefore must not be minors. In the Act, Congress filled two gaps left by the original statute by amending section 2257 to cover lascivious exhibition and by enacting section 2257A to cover simulated sexually explicit conduct, while at the same time creating an exemption from these new record-keeping requirements in certain circumstances. (The language of section 2257A is based largely on the language in section 2257, but only the former contains the exemption and certification regime described above.) The record-keeping, inspection, and labeling requirements in sections 2257 and 2257A are designed to ensure that no minor will be exploited through depictions of actual or simulated sexually explicit conduct, whether produced deliberately or negligently. Chapter 110 of title 18 (“Sexual Exploitation and Other Abuse of Children”) covers both actual and simulated sexually explicit conduct. Specifically, it defines “sexually explicit conduct” as:
(A)* * * actual or *simulated—*
(i)sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii)bestiality;
(iii)masturbation;
(iv)sadistic or masochistic abuse; or
(v)lascivious exhibition of the genitals or pubic area of any person;
(B)For purposes of subsection 8(B) of this section [part of the definition of “child pornography”], “sexually explicit conduct” means—(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious *simulated* sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;
(ii)graphic or lascivious simulated;
(I)bestiality;
(II)masturbation; or
(III)sadistic or masochistic abuse; or
(iii)graphic or *simulated* lascivious exhibition of the genitals or pubic area of any person. 18 U.S.C. 2256(2) (emphases added). The terms “simulated” and “actual” also appear together in numerous States' child-exploitation statutes. *See* Alaska Stat. § 11.41.455; Ariz. Rev. Stat. § 13-3551; Ariz. Rev. Stat. § 13-3553; Ark. Code Ann. § 5-27-302; Cal. Penal Code § 311.11; Colo. Rev. Stat. § 18-6-403; Conn. Gen. Stat. § 53a-193; Fla. Stat. § 827.071; Ga. Code Ann. § 16-12-100; Idaho Code Ann. § 18-1507; 720 Ill. Comp. Stat. Ann. 5/11-20.1; Kan. Stat. Ann. § 21-3516; Ky. Rev. Stat. Ann. § 531.300; La. Rev. Stat. Ann. § 14:81.1; Mass. Ann. Laws ch. 272 § 29C; Mich. Comp. Laws Serv. § 750.145c; Minn. Stat. § 617.246; Miss. Code Ann. § 97-5-33; Mo. Rev. Stat. § 573.010; Mont. Code Ann. § 45-5-625; Nev. Rev. Stat. § 200.725; N.H. Rev. Stat. Ann. § 649-A:2; N.M. Stat. Ann. § 30-6A-3; N.Y. Penal L. § 263.00; N.D. Cent. Code § 12.1-27.2-01; Okla. Stat. tit. 21 § 1024.1; Or. Rev. Stat. § 163.665; R.I. Gen. Laws § 11-9-1.3; S.D. Codified Laws § 22-24A-2; S.D. Codified Laws § 22-24A-3; Tenn. Code Ann. § 39-17-1003; Tex. Penal Code Ann. § 43.25; Utah Code Ann. § 76-5a-2; Utah Code Ann. § 76-5a-3; Va. Code Ann. § 18.2- 390; Wash. Rev. Code § 9.68A.011; W. Va. Code § 61-8C-1; Wis. Stat. § 948.01; Wyo. Stat. Ann. § 6-4-303. Accordingly, “simulated” in the context of sexually explicit conduct is neither a novel nor an uncommon term. These statutes recognize that a child may be harmed both physically and psychologically in the production of visual depictions of simulated sexually explicit conduct, even if no sexually explicit conduct actually takes place. Furthermore, producers of visual depictions of actual sexually explicit conduct often substitute a visual depiction of simulated sexually explicit conduct (so-called “soft-core” pornography) in place of the actual sexually explicit conduct; then the soft-core pornography is often distributed more widely than the unedited version of the same production. In such cases, the protection of children from exploitation in the production of a visual depiction of actual sexually explicit conduct necessitates that producers of visual depictions of simulated sexually explicit conduct also be required to maintain records and label their products. The Proposed Rule Section 2257's requirements are implemented in 28 CFR part 75. On July 12, 2007, the Department of Justice (“the Department”) published a proposed rule amending part 75 to implement those provisions of the Act that amended section 22 57. *See Revised Regulations for Records Relating to Visual Depictions of Sexually Explicit Conduct* [CRM Docket No. 104; RIN 1105-AB18], 72 FR 38033 (Jul. 12, 2007). This proposed rule would make additional amendments to part 75 to implement section 2257A. As explained above, sections 2257 and 2257A operate in tandem to protect children from exploitation in visual depictions of sexually explicit conduct. Part 75 has undergone significant public comment and several courts have found it to be a constitutional exercise of governmental authority. *See Am. Library Ass'n* v. *Reno,* 33 F.3d 78 (DC Cir. 1994); *Free Speech Coalition* v. *Gonzales,* 406 F. Supp. 2d 1196 (D. Colo. 2005) *(“Free Speech I”)* ; *Free Speech Coalition* v. *Gonzales,* 483 F. Supp. 2d 1069 (D. Colo. 2007) *(“Free Speech II”)* ; *Connection Distrib. Co.* v. *Gonzales,* 2006 WL 1305089, 2006 U.S. Dist. LEXIS 29506 (N.D. Ohio, May 10, 2006). Although one court invalidated part 75 as *ultra vires* to the extent it regulated those whose activity “does not involve hiring, contracting for managing, or otherwise arranging for the participation of the performers depicted,” *see Sundance Assoc., Inc.* v. *Reno,* 139 F.3d 804, 806 (10th Cir. 1998) (quoting 18 U.S.C. 2257(h)(3) (1998)), Congress subsequently amended the statute (see section 502(a)(4) of the Act) and adopted the Attorney General's interpretation of section 2257. *Cf. Free Speech Coalition II,* 483 F. Supp. 2d at 1076 (suggesting the enactment of section 502 of the Act moots the plaintiff's *ultra vires* challenge to part 75). Because part 75 has been tested and upheld in the courts, and given the similarities between sections 2257 and 2257A, the Department has chosen to apply the existing requirements for visual depictions of actual sexually explicit conduct (under section 2257) to visual depictions of simulated sexually explicit conduct (under section 2257A) with regard to the records at issue, the time, place and manner of inspection of those records, and the labeling of matter containing such visual depictions. The proposed rule therefore proposes to change references in the Department's part 75 regulations (as proposed in CRM Docket No. 104; RIN 1105-AB18) from “actual sexually explicit conduct” to “actual or simulated sexually explicit conduct,” where appropriate, and to make other minor textual changes as necessary to regulate simulated sexually explicit conduct. This proposed rule also makes two additional changes to part 75 to implement section 2257A: it defines “simulated sexually explicit conduct” and it implements a certification regime for producers of actual sexually explicit conduct constituting lascivious exhibition and for producers of simulated sexually explicit conduct. Definition of “simulated sexually explicit conduct” As noted above, “sexually explicit conduct” is defined in section 2256(2)(A) with reference to certain physical acts and with reference to both “actual” and “simulated” performance of those acts. No definition of “actual” or “simulated” is contained in section 2256 or anywhere else in chapter 110. When first published in 1990, amended in 2005, and proposed to be amended in 2007, part 75 did not adopt a definition of “actual,” because the Department believed that in the context of the acts described, the meaning of the term was sufficiently precise for regulatory purposes. Public comments on the previous versions of part 75 did not address the definition of “actual,” nor has the meaning of that term arisen in litigation regarding the regulations. With the extension of part 75 to cover simulated conduct, however, and with the statutory provision for a certification regime for simulated conduct, the Department believes that a definition of the term “simulated sexually explicit conduct” is necessary. A definition will make clear to the public what types of conduct come within the ambit of the regulation, as distinct from conduct not covered at all, and what types of conduct will be eligible for the certification regime. The Department starts its analysis of the proper definition of the term for regulatory purposes with the term's plain meaning. The dictionary defines “simulated” as “made to look genuine.” *Merriam-Webster's Collegiate Dictionary* 1162 (11th ed. 2003). The Department believes that an objective standard—that is, one defined in terms of a reasonable person viewing the depiction—is appropriate to add to this basic definition. The proposed rule's definition of “simulated sexually explicit conduct” thus reads as follows: “[S]imulated sexually explicit conduct means conduct engaged in by performers in a visual depiction that is intended to appear as if the performers are engaged in actual sexually explicit conduct and does so appear to a reasonable viewer.” No federal court has interpreted the definition of “simulated” in the context of chapter 110. The definition above, however, is based on the plain meaning of the term and is supported by extrinsic sources of meaning. Chapter 110 was created by the Protection of Children Against Sexual Exploitation Act of 1977, which defined “sexually explicit conduct” to include both “actual or simulated” acts. *See* Protection of Children Against Sexual Exploitation Act of 1977, Public Law 95-225, § 2(a), 92 Stat. 7 (1978). That statute did not define “simulated,” however, and the legislative history of the act does not indicate that Congress considered defining that term. *See* S. Rep. No. 438, 95th Cong., 1st Sess. (1977); H.R. Report No. 696, 95th Cong., 1st Sess. (1977). When Congress amended chapter 110 in 1984, it considered defining “simulated” but ultimately did not do so, thereby leaving the definition of that term to the discretion of the Attorney General. As noted above, most states have laws similar to the federal statute criminalizing production, distribution, and possession of simulated sexually explicit conduct involving a minor. A number of those states' statutes, in contrast to section 2257A, define “simulated,” and therefore may inform the federal definition of that term in part 75. State definitions of “simulated” generally fall into three categories:
(1)Definitions based on giving the appearance of actual sexually explicit conduct. For example: “An act is simulated when it gives the appearance of being sexual conduct.” Cal. Penal Code § 311.4(d)(1); 14 V.I. Code § 1027(b). “‘Simulated sexually explicit conduct' means a feigned or pretended act of sexually explicit conduct which duplicates, within the perception of an average person, the appearance of an actual act of sexually explicit conduct.” Utah Code Ann. § 76-5a-2(9). “Sexual intercourse is simulated when it depicts explicit sexual intercourse which gives the appearance of the consummation of sexual intercourse, normal or perverted.” Mass. Ann. Laws ch. 272, § 31; N.H. Rev. Stat. Ann. § 649-A:2(III).
(2)Definitions based on depiction of genitals that gives the impression of actual sexually explicit conduct, such as: “‘Simulated' means any depicting of the genitals or rectal areas that gives the appearance of sexual conduct or incipient sexual conduct.” Ariz. Rev. Stat. § 13-3551(10); Miss. Code Ann. § 97-5-31(f); Mont. Code Ann. § 45-5-620(2).
(3)Definitions based on
(a)the depiction of uncovered portions of the body *and*
(b)that gives the impression of actual sexually explicit conduct, such as: “‘Simulated' means the explicit depiction of [sexual] conduct * * *which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.” Fla. Stat. § 827.071(1)(i). “‘Simulated' means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the conduct exhibits any uncovered portion of the breasts, genitals, or buttocks.” Tex. Penal Code § 43.25(a)(6). “‘Simulated' means the explicit depiction of any [sexual] conduct * * * which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals or buttocks.” N.Y. Penal L. § 263.00(6). The definitions categorized above as “based on giving the appearance of actual sexually explicit conduct” are closest to that proposed by the Department in this proposed rule. The other two definitions, which require the actual depiction of nudity, are overly restrictive in that a child may be exploited in the production of a visual depiction of simulated sexually explicit conduct even if no nudity is present in the final version of the visual depiction. The producer of the depiction may arrange the camera or the body positions to avoid depicting uncovered genitals, breasts, or buttocks yet still cause harm to the child by having him or her otherwise realistically appear to be engaging in sexually explicit conduct. It is also important to note that “simulated” in this context does not mean “virtual.” For purposes of chapter 110, including sections 2256, 2257, and 2257A, and for purposes of part 75, “simulated sexual explicit conduct” means conduct engaged in by real human beings, not conduct engaged in by computer-generated images that only appear to be real human beings. Although Congress did attempt to criminalize production, distribution, and possession of “virtual” child pornography on the basis that it contributed to the market in child pornography involving real children, the Supreme Court held that the child-protection rationale for the criminalization of child pornography under *Ferber* did not apply to images in which no real children were harmed. *See Ashcroft* v. *Free Speech Coalition* , 535 U.S. 234, 250-51 (2002). Section 2257A does not cover such “virtual” child pornography, but rather “simulated” sexually explicit conduct, the production of which, as noted above, can exploit a real child. The Court's decision in *Ashcroft* is thus not relevant to sections 2257 or 2257A, or part 75, which for clarity's sake consistently refers to sexually explicit conduct engaged in by an “actual human being.” Exemption From Statutory Requirements for Visual Depictions of Lascivious Exhibition or Simulated Sexually Explicit Conduct in Certain Circumstances and an Associated Certification Regime As outlined above, Congress in the Act filled two gaps left by the original section 2257 by amending section 2257 to cover lascivious exhibition and by enacting section 2257A to cover simulated sexually explicit conduct. In enacting section 2257A, Congress determined it would be appropriate, in certain circumstances, to exempt producers of visual depictions of lascivious exhibition (for which records must be kept under section 2257, as amended by the Act) and producers of visual depictions of simulated sexually explicit conduct (for which records must be kept under section 2257A) from statutory requirements otherwise applicable to such visual depictions. *See* 18 U.S.C. 2257A(h). The safe harbor provision in the statute in essence permits certain producers of visual depictions of lascivious exhibition or simulated sexually explicit conduct to certify that in the normal course of business they collect and maintain records to confirm that performers in those depictions are not minors, while not necessarily collected and maintained in the format required by part 75. Where a producer makes the required certification, matter containing such visual depictions is not subject to the labeling requirements of the statute. The Department has crafted a certification regime (described in detail below) that implements the safe harbor in such a way as to permit such producers, in accordance with the statute, to be subject to lesser record-keeping burdens than those in part 75, while still protecting children from sexual exploitation. Who May Certify Any entity that meets the statutory requirements for eligibility, which are incorporated verbatim in the proposed rule, may certify that it meets the requirements of section 2257A(h). In addition, an entity may certify for sub-entities that it owns or controls if the names of the sub-entities are listed in such certification and are cross-referenced to the matter for which the sub-entity served as the producer. Both United States and foreign entities may certify. In the case of a certification by a foreign entity, the foreign entity, which may be unlikely to collect and maintain information in accordance with United States federal and state tax and other laws, may certify that it maintains the required information in accordance with their foreign equivalents. The Department considers the statute's broad description of laws and other documentation that satisfy the certification to provide authority for this treatment of foreign entities. The certification must be signed by the chief executive officer of the entity making the certification, or in the event an entity does not have a chief executive officer, the senior manager responsible for overseeing the entity's activities. The certification regime in the proposed rule is similar for producers of lascivious exhibition and producers of simulated sexually explicit conduct but differs in some material respects, as described below. Time Period for Certification The certification must be filed every two years. The Department could have chosen a shorter period for certification, a longer period, or a permanent certification. The Department believes, however, that two years is a reasonable period to ensure that certifications remain up to date without imposing overly onerous burdens on regulated entities. In order to establish certifications on the record as soon as possible, the Department will require an initial certification due 180 days after the publication of this proposed rule as a final rule. This schedule will provide sufficient time for entities to determine if they wish to certify in compliance with the regulatory requirements. All subsequent certifications will be due on the same date at two-year intervals. The initial certification and all subsequent certifications must be filed within a period of five business days concluding on the due date ( *i.e.,* if the due date were on a Friday, and there were no federal holiday during that week, the certification would have to be filed on Monday, Tuesday, Wednesday, Thursday, or Friday of that week). The Department must have confidence that the certification covers all depictions subject to record-keeping requirements for the previous period. Initial certifications of producers who begin production after the publication of this proposed rule but before the expiration of the 180-day period preceding its publication as a final rule will be due within a period of five business days concluding on the last day of the 180-day period. Initial certifications of producers who begin production after the expiration of the 180-day period, but before the expiration of the two-year period following the 180-day period, are due within 60 days of the start of production (unless the start of production occurs within 60 days of the expiration of the two-year period, in which case the certifications are due on the expiration date of the two-year period). In any case where a due date or last day of a time period falls on a Saturday, Sunday, or federal holiday, the due date or last day of a time period is considered to run until the next day that is not a Saturday, Sunday, or federal holiday. Enforcement of the Certification All of the statements in the certification are subject to investigation and a false certification will violate section 2257A and potentially other criminal statutes. Form and Content of the Certification The certification regime in the proposed rule requires that a producer provide a letter to the Attorney General that:
(1)Sets out the statutory basis under which it and any sub-entities, if applicable, are permitted to avail themselves of the safe harbor;
(2)Certifies that regularly and in the normal course of business, the producer and any sub-entities, if applicable, collect and maintain individually identifiable information regarding all performers employed by the producer who appear in visual depictions of simulated sexually explicit conduct or of lascivious exhibition;
(3)Lists the titles, names, or other identifying information of visual depictions (or matter containing them) that include non-employee performers;
(4)Lists the titles, names, or other identifying information of visual depictions (or matter containing them) produced since the last certification;
(5)Certifies that any foreign producers of visual depictions acquired by the certifying entity either maintain the records required by section 2257A or have themselves provided certifications to the Attorney General, and the producers making the certifications have copies of those records or certifications; or, for visual depictions of simulated sexually explicit conduct only, have taken reasonable steps to confirm that the performers are not minors;
(6)Lists the titles, names, or other identifying information of the foreign-produced visual depictions (or matter containing them) that include performers for whom no information is available but for whom the U.S. entity has taken reasonable steps to confirm that the performers are not minors;
(7)Certifies that U.S. primary producers of visual depictions acquired by the certifying entity either maintain the records required by section 2257A or certify themselves under the statute's safe harbor, and that the producer making the certification has copies of those records or certification(s). *See* 28 CFR 75.1(c)(1) (defining a primary producer as “any person who actually films, videotapes, photographs, or creates” a visual depiction of sexually explicit conduct). Statutory Basis for the Certification The first requirement listed above is straightforward—the entity providing the certification must state why it is entitled to certify under the terms of the statute. This will include citation to the specific subsections of the statute under which it is making the certification and to basic evidence justifying that citation. Specifically, the letter should either cite 18 U.S.C. 2257A(h)(1)(A) and 28 CFR 75.9 and state that the visual depictions listed in the letter are “intended for commercial distribution,” “created as a part of a commercial enterprise” that meets the requirements of 18 U.S.C. 2257A(h)(1)(A)(ii), and are “not produced, marketed or made available * * * in circumstances such tha[t] an ordinary person would conclude that * * * [they] contain a visual depiction that is child pornography as defined in section 2256(8)” or cite 18 U.S.C. 2257A(h)(1)(B) and 28 CFR 75.9 and state that the visual depictions listed in the letter are “subject to regulation by the Federal Communications Commission acting in its capacity to enforce 18 U.S.C. 1464 regarding the broadcast of obscene, indecent or profane programming” and are “created as a part of a commercial enterprise” that meets the requirements of 18 U.S.C. 2257A(h)(1)(B)(ii). Certification of Collection and Maintenance of Records The second requirement is the certification under either subsection 2257A(h)(1)(A)(ii) or (B)(ii). Under either subsection, the certifier must demonstrate its compliance with the following five enumerated elements: the entity
(1)“regularly and in the normal course of business collects and maintains”
(2)“individually identifiable information”
(3)“regarding all performers, including minor performers employed by [the entity]”
(4)“pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards”
(5)“where such information includes the name, address, and date of birth of the performer.” The Department will consider any entity's procedures that include these basic elements to be in compliance with the certification. To the extent that these terms are not self-explanatory, the proposed rule defines them as follows: “Regularly and in the normal course of business collects and maintains” means any business practice(s) that ensure that the producer confirms the identity and age of employees who perform in visual depictions of sexually explicit conduct. “Individually identifiable information” means that information about the name, address, and date of birth is capable of being retrieved for any employee who appears in a specified visual depiction. “All performers, including minor performers” means all performers who appear, no matter how briefly, in a visual depiction of lascivious exhibition or simulated sexually explicit conduct. The term “minor” in the statute could be interpreted to mean performers under the age of 18, which is the way the term “minor” is used elsewhere in chapter 110. Such an interpretation in this context, however, would be redundant, as the purpose of the record-keeping requirements is to ensure record-keeping for “all performers,” the first term in the phrase. Hence, the Department interprets the term to refer to performers who appear for only a limited period of time in the context of the overall visual depiction. “All performers, including minor performers” does not mean all performers in any matter that may contain a discrete (or several discrete) visual depictions of lascivious exhibition or simulated sexually explicit conduct. Rather, it means only those performers in the discrete visual depiction(s). That is, an entity that produces a two-hour-long movie containing a single visual depiction of lascivious exhibition or simulated sexually explicit conduct lasting five minutes need only collect and maintain records on the performers in that five-minute visual depiction. “Employed by” means performers who receive pay for performing in the visual depictions or are otherwise in an employer-employee relationship with the producer of the visual depiction as evidenced by oral or written agreements. This definition is important, because by use of the term “employed by,” the statute appears to permit a producer to make the certification even if there are performers who appear in its visual depictions for whom it does not regularly and in the normal course of business collect and maintain individually identifiable information. It is possible, for example, that persons with whom the producer has no employer-employee relationship may appear in the background of a visual depiction or may engage in sexually explicit conduct in the background of a depiction of non-sexually explicit conduct. Because of the language of the statute, a producer in that circumstance may still certify and remove itself from the coverage of the entire record-keeping requirements of the section, even without collecting and maintaining individually identifiable information for the non-employee performers. The language of the statute permits no other construction of the certification regime. As a result of this language, however, there is a risk that a performer who is a minor could appear in a depiction produced by an entity that has made a certification and not be detected because the minor was not “employed by” the certifying entity. In addition, there is a risk that a producer may seek to evade the record-keeping requirements by certifying that he maintains records on all employees and then producing his visual depictions with performers—such as his own children—whom he claims are not his employees. In the first case, the Department recognizes that a producer might not collect and maintain regularly and in the normal course of business individually identifiable information on non-employees. At the same time, the Department believes that the scenario described above—that is, the production of visual depictions of lascivious exhibition or of simulated sexually explicit conduct in which bona fide non-employees perform—will be very rare. The Department is more concerned about the possibility of evasion, as in the second scenario described above. For that reason, the Department has included a slightly broader definition of “employed by” than simply financial remuneration. The definition would include anyone who, even if not for pay, intentionally performs or is required to perform in a visual depiction of sexually explicit conduct intended for commercial distribution that is produced by someone meeting the definition of a primary or secondary producer. *See* 28 CFR 75.1(c)(2) (generally defining a “secondary producer” as “any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues” a visual depiction of sexually explicit conduct). The Department considers it unnecessary to define the phrase “pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards.” As guidance to employers, however, the Department will consider any document that contains a verified name, address, and date of birth of a performer to satisfy this requirement. The Department considers the phrase “where such information includes the name, address, and date of birth of the performer” to be self-explanatory. List of the Titles, Names, or Other Identifying Information of Visual Depictions That Include Non-Employee Performers As an extra precaution against evasion, the third requirement is a list of all visual depictions or matter containing visual depictions in which non-employees have engaged in sexually explicit conduct. This provides the Department with notice and a record that such visual depictions by the producers exist and, if necessary, enables the Department to investigate the bona fides of the certifying entity. At the same time, the list is not so burdensome as to vitiate the purpose of the certification regime in the first instance, namely, reducing the burdensomeness of the record-keeping requirements. Rather than maintaining age verification records, copies of each performance, etc., the certifying entities need only provide a list of their productions that include depictions of lascivious exhibition or simulated sexually explicit conduct by non-employee performers. List of the Titles, Names, or Other Identifying Information of Visual Depictions Produced Since the Last Certification The fourth requirement is necessary to provide the Department with both a notice and a record regarding which depictions or matters are subject to the certification. The Department considered simply allowing entities to make a blanket assertion that they maintain the required records on all employees who perform in all matter they produce. The Department determined, however, that depiction-specific information will enable investigators more easily to determine whether a visual depiction is covered by the section 2257A certification regime. The list submitted by a certifying entity must include the titles, names, or other identifying information of visual depictions acquired by the certifying entity from foreign or U.S. primary producers. Certification for Entities Acquiring Foreign-Produced Matter The fifth requirement is a subsidiary certification for entities acquiring matter subject to the record-keeping requirements from foreign producers. The Department understands that many producers in the United States acquire films and other matter that may contain visual depictions of lascivious exhibition or simulated sexually explicit conduct from producers abroad. In order to produce that matter for the U.S. market and comply with the law, the U.S. entity acquiring the matter must certify either that the foreign producer in the first instance maintained the records required by the statute and that the U.S. entity has copies of those records, or that the foreign entity has certified on its own that it (the foreign producer) maintains foreign-equivalent records in the normal course of business, and that the U.S. entity has a copy of that certification. The Department believes it is appropriate for the exemption to apply based on certifications that foreign producers maintain foreign-equivalent records because foreign countries generally have tax and employment laws requiring identification of employees that are substantially similar to requirements under U.S. law. There may be cases where a U.S. entity acquires foreign-produced matter and cannot certify the information above. In such a case, the U.S. entity would not be able to produce the matter in the United States. Denying the market in the United States access to a large amount of foreign-produced matter, however, could be construed as a burden on American citizens' First Amendment right to free expression. At the same time, the Department cannot risk permitting either foreign children to be exploited in the visual depictions produced for the U.S. market or evasion of the statute by unscrupulous U.S. producers. Therefore, U.S. entities making the certification may certify that to the extent that they have acquired visual depictions or matter containing visual depictions of simulated sexually explicit conduct from foreign entities and to the extent that the primary foreign producer does not either maintain the records required by the statute or provide a certification to the Attorney General itself, the entity making the certification has made reasonable efforts to ensure that no performer in any such foreign visual depiction is a minor. The same process will not be available for visual depictions of lascivious exhibition acquired from foreign entities. The risks of exploitation of children in such visual depictions and the risk of evasion of the record-keeping requirements are too great to permit the accommodation for visual depictions of simulated sexually explicit conduct outlined above. The Department is concerned that providing a method for weaker enforcement of section 2257 with regard to lascivious exhibition would undermine the existing section 2257 requirements. The Department notes, however, that Congress clearly considered non-compliance with record-keeping requirements concerning visual depictions of simulated sexually explicit conduct (under section 2257A) to be a less serious crime than non-compliance with analogous requirements for visual depictions of actual sexually explicit conduct (under section 2257), as exemplified by the misdemeanor penalty for violation of the former section versus the felony penalty for violation of the latter section. List of All Foreign-Acquired Matter for Which Records of Performers Are Not Available The sixth requirement is that the entity making the certification must include a list of the visual depictions or matter including those visual depictions for which no records exist but for which the certifying entity has made reasonable efforts to ensure that no performer in any visual depiction is a minor. As with the case of non-employee performers, this list will provide the Department with notice and a record that such visual depictions exist and if necessary, enable investigation of such matter. At the same time, the requirement of the list and a certification of reasonable efforts by the secondary producer in the United States will provide significant protection without unduly infringing on constitutional rights. The risk of evasion is mitigated by the severe criminal penalties for production of child pornography that would apply to any matter covered by the record-keeping requirements. Certification of Record-Keeping by Primary Producers The seventh requirement is that, as with foreign primary producers, an entity acquiring visual depictions must certify either that the primary producer in the first instance maintained the records required by the statute and that the certifying entity has copies of those records, or that the primary producer has certified separately that it (the primary producer) has made a certification and that the acquiring entity has a copy of that certification. Effective Dates In accordance with current law, the proposed rule retains July 3, 1995, as the effective date of the rule's requirements for secondary producers related to depictions of actual sexually explicit conduct. (The current regulations, published in 2005, adopted July 3, 1995, as the effective date of enforcement of section 2257 based on the court's order in *American Library Association* v. *Reno* , No. 91-0394
(SS)(D.D.C. July 28, 1995)) The proposed rule also states that producers of visual depictions of actual sexually explicit conduct made after July 3, 1995, the effective date of the regulations published in 1992, and before June 23, 2005, the effective date of the current regulations published in 2005, may rely on picture identification cards issued by private entities such as schools or private employers that were valid forms of required identification documentation under the provisions of part 75 in effect on the original production date. Finally, the proposed rule's effective date concerning depictions of simulated sexually explicit conduct will be 90 days after its publication in the **Federal Register** as a final rule. Regulatory Procedures Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601-612 (“RFA”), the Department of Justice has drafted this proposed rule to minimize its impact on small businesses while meeting its intended objectives. Based upon the preliminary information available to the Department through past investigations and enforcement actions involving the affected industry, the Department is unable to state with certainty that this rule, if promulgated as a final rule, will not have any effect on small businesses of the type described in 5 U.S.C. 601(3). Accordingly, the Department has prepared a final RFA analysis in accordance with 5 U.S.C. 604, as follows: A. Need for and Objectives of This Rule The identity of every performer is critical to determining and assuring that no performer is a minor. The key congressional concern, evidenced by the child exploitation statutory scheme, was that all such performers of actual or simulated sexually explicit conduct verifiably not be minors, *i.e.* , not younger than 18 years of age. *See* 18 U.S.C. 2256(1), 2257(b)(1), 2257A(b)(1). Congress has recognized that minors warrant special concern in this area. Children themselves are incapable of giving voluntary and knowing consent to perform or to enter into contracts to perform such conduct. In addition, children often are forced to engage involuntarily in sexually explicit conduct. For these reasons, visual depictions of actual and simulated sexually explicit conduct that involve persons under the age of 18 constitute unlawful child pornography. *See* 18 U.S.C. 2256(8). This proposed rule amends certain provisions of the existing regulations and adds other provisions to these regulations to conform to the Act, as described above. B. Description and Estimates of the Number of Small Entities Affected by This Rule The RFA defines a “small business” as equivalent to a “small business concern” under the Small Business Act (“SBA”). *See* 5 U.S.C. 601(3) (incorporating by reference the definition of “small business concern” in 15 U.S.C. 632). Under the SBA, a “small-business concern” is one that
(1)is independently owned and operated,
(2)is not dominant in its field of operation, and
(3)meets any additional criteria established by the SBA. *See* 15 U.S.C. 632(a). Based upon the information available to the Department, there are likely to be a significant number of small businesses that are producers of visual depictions of simulated sexually explicit conduct. Pursuant to the RFA, the Department requests affected small businesses to estimate what these regulations will cost as a percentage of their total revenues in order to enable the Department to ensure that small businesses are not unduly burdened. The proposed rule has no effect on State or local governmental agencies. C. Specific Requirements Imposed That Would Impact Private Companies The proposed rule imposes requirements on private companies with respect to visual depictions of simulated sexually explicit conduct to ensure that minors are not used in such depictions. Specifically, the rule imposes certain name- and age-verification and record-keeping requirements on producers of visual depictions of simulated sexually explicit conduct concerning the performers portrayed in those depictions. The proposed rule, however, provides an exemption from these requirements applicable in certain circumstances. Executive Order 12866 This proposed rule has been drafted and reviewed in accordance with Executive Order 12866, § 1(b), Principles of Regulation. The Department has determined that this rule is a “significant regulatory action” under Executive Order 12866, § 3(f). Accordingly, this rule has been reviewed by the Office of Management and Budget. The benefit of the rule is that children will be protected from exploitation in the production of visual depictions of simulated sexually explicit conduct by ensuring that only those who are at least 18 years of age perform in such depictions. The costs to the industry include what the Department believes to be slightly higher record-keeping costs. The Department encourages all affected commercial entities to provide specific estimates, wherever possible, of the economic costs that this rule will impose on them. Executive Order 13132 This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Executive Order 12988 This regulation meets the applicable standards set forth in Executive Order 12988 § 3(a), (b)(2). Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 *et seq.* Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996. *See* 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Paperwork Reduction Act This proposed rule expands the scope of existing requirements to conform to newly enacted legislation. It also implements the newly enacted legislation's exemption from these expanded requirements applicable in certain cases. It contains a revised collection of information that clarifies the means of maintaining and organizing the required documents. The Department has submitted the following information-collection request to the Office of Management and Budget (“OMB”) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The proposed collection of information is published to obtain comments from the public. Any comments received during the comment period should address one or more of the following four points:
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3)how to enhance the quality, utility, and clarity of the information to be collected; and
(4)how to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. Overview of this collection of information:
(1)*Type of collection of information:* Revision of a currently approved collection.
(2)*Title:* Inspection of Records Relating to Depictions of Simulated Sexually Explicit Performances.
(3)*Agency form number, if any:* None.
(4)Affected public who will be asked or required to respond, as well as a brief abstract: *Primary:* Business or other for-profit entities. *Other:* None. *Abstract:* This rule proposes to amend the record-keeping, labeling, and inspection requirements of 28 CFR part 75 to account for the enactment of the Adam Walsh Child Protection and Safety Act of 2006.
(5)An estimate of the total number of respondents, the amount of time estimated for an average respondent to respond, and the total public burden (in hours) associated with the collection: The Department is unable to estimate with any precision the number of entities producing visual depictions of simulated sexually explicit conduct. Because the issue of the number of entities producing visual depictions of simulated sexually explicit conduct is a new issue that has arisen precisely because of section 2257A, there does not appear to be much available information concerning the number of entities producing such material. As a partial indication, according to the U.S. Census Bureau, in 2002 there were 11,163 establishments engaged in motion picture and video production in the United States. Based on a rough assumption that 10% were engaged in the production of visual depictions of simulated sexually explicit conduct, the Department estimates that approximately 1116 motion picture and video producing establishments would be covered. (The Department does not certify this estimate and invites comment on the assumptions upon which it is based.) The underlying statute provides an exemption from these requirements applicable in certain circumstances, and it requires producers to submit certifications to qualify for this exemption. The Department has no information concerning the number of otherwise covered entities that would qualify for this statutory exemption, nor is it able to estimate this number. For entities that qualify for the statutory exemption, however, the Department estimates that it would take less than 20 hours per year at an estimated cost of less than $25.00 per hour to prepare the biennial certification required for the statutory exemption. The Department's burden hour estimate for preparing the biennial certification required for the statutory exemption recognizes that the certification must take the form of a letter indicating that the producer regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers employed by that person, and shall include a list of the titles, names, or other identifying information of visual depictions of simulated sexually explicit conduct or lascivious exhibition produced since the last certification, as well as a list of the titles, names, or other identifying information of visual depictions of simulated sexually explicit conduct or lascivious exhibition that include non-employee performers. The Department assumes that the certification's main burden would be to require producers to maintain a list of the visual depictions produced during the certification period, and that the majority of the work to prepare the certification would be performed by administrative staff. Based on the Department's assumption that 90% of such entities would qualify for the exemption, the total annual cost for the entities qualifying for the statutory exemption would be approximately $21,500 per year. Again, the Department does not certify the accuracy of these numbers and invites comment on the assumptions outlined above. Based on the Department's assumption that 3,000,000 visual depictions of simulated sexually explicit conduct are created each year and that it requires 6 minutes to complete the record-keeping requirement for each depiction, the record-keeping requirements would impose a burden of 300,000 hours. Based on the Department's assumption that producers of 90% of these depictions would qualify for the statutory exemption from these requirements, the requirements would only impose a burden of 30,000 hours. Assuming further that the record keeping requirements will cost $6.00 per hour to complete and $0.05 for each image of a verifiable form of identification, the total annual cost for the 10% of entities not qualifying for the statutory exemption would be $181,500. Again, the Department does not certify the accuracy of these numbers and invites comment on the assumptions outlined above. The Department notes that steps taken to minimize the burden of these requirements on small entities include the statutory exemption requiring only that such entities prepare the certification necessary for the exemption. All comments and suggestions, or questions regarding additional information, should be directed to Andrew Oosterbaan, Chief, Child Exploitation and Obscenity Section, Criminal Division, United States Department of Justice, Washington, DC 20530;
(202)514-5780. This is not a toll-free number. Comments should also be sent to: Lynn Bryant, Clearance Officer, United States Department of Justice, Policy and Planning Staff, Justice Management Division, Patrick Henry Building, 601 D Street, NW, Washington, DC 20530. List of Subjects in 28 CFR Part 75 Crime, Infants and children, Reporting and recordkeeping requirements. Accordingly, for the reasons set forth in the preamble, part 75 of chapter I of title 28 of the Code of Federal Regulations is proposed to be amended as follows: PART 75—CHILD PROTECTION RESTORATION AND PENALTIES ENHANCEMENT ACT OF 1990; PROTECT ACT; ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006; RECORD-KEEPING AND RECORD INSPECTION PROVISIONS 1. The authority citation for part 75 is revised to read as follows: Authority: 18 U.S.C. 2257, 2257A. 2. The title of part 75 is revised to read as set forth above. 3. Amend § 75.1 by revising paragraphs (c)(1), (c)(2), (c)(4) introductory text, and (d), and further amend as proposed on July 12, 2007, at 72 FR 38038 by revising paragraph
(m)and adding paragraphs (o), (p), (q), (r), and (s), to read as follows: § 75.1 Definitions.
(c)* * *
(1)*Primary producer* is any person who actually films, videotapes, photographs, or creates a digitally or computer-manipulated image, a digital image, or picture, or digitizes an image, of a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct.
(2)*Secondary producer* is any person who produces, assembles, manufactures, publishes, duplicates, reproduces, or reissues a book, magazine, periodical, film, videotape, digitally or computer-manipulated image, picture, or other matter intended for commercial distribution that contains a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct, or who inserts on a computer site or service a digital image of, or otherwise manages the sexually explicit content of a computer site or service that contains a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct, including any person who enters into a contract, agreement, or conspiracy to do any of the foregoing.
(4)*Producer* does not include persons whose activities relating to the visual depiction of actual or simulated sexually explicit conduct are limited to the following:
(d)*Sell, distribute, redistribute, and re-release* refer to commercial distribution of a book, magazine, periodical, film, videotape, digitally or computer-manipulated image, digital image, picture, or other matter that contains a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct, but does not refer to noncommercial or educational distribution of such matter, including transfers conducted by bona fide lending libraries, museums, schools, or educational organizations.
(m)*Date of original production or original production date* means the date the primary producer actually filmed, videotaped, or photographed, or created a digitally or computer-manipulated image, digital image, or picture, of the visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct.
(o)*Simulated sexually explicit conduct* means conduct engaged in by performers in a visual depiction that is intended to appear to be actual sexually explicit conduct and does so appear to a reasonable viewer.
(p)*Regularly and in the normal course of business collects and maintains* means any business practice that ensures that the producer confirms the identity and age of employees who perform in visual depictions of sexually explicit conduct.
(q)*Individually identifiable information* means that information about the names, addresses, and dates of birth of employees is capable of being retrieved on the basis of a name of an employee who appears in a specified visual depiction.
(r)*All performers, including minor performers* means all performers who appear in a visual depiction of lascivious exhibition of the genitals or pubic area or simulated sexually explicit conduct, no matter for how short a period of time.
(s)*Employed by* means, in reference to a performer, one who receives pay for performing in a visual depiction or is otherwise in an employer-employee relationship with the producer of the visual depiction as evidenced by oral or written agreements. 4. Amend § 75.2 by revising the introductory text of paragraph
(a)and paragraphs (a)(1), (a)(2),
(c)and (d), to read as follows: § 75.2 Maintenance of records.
(a)Any producer of any book, magazine, periodical, film, videotape, digitally or computer-manipulated image, digital image, picture, or other matter that contains a depiction of an actual human being engaged in actual sexually explicit conduct that is produced in whole or in part with materials that have been mailed or shipped in interstate or foreign commerce, or is shipped or transported or is intended for shipment or transportation in interstate or foreign commerce and that contains one or more visual depictions of an actual human being engaged in actual sexually explicit conduct made after July 3, 1995, or of an actual human being engaged in simulated sexually explicit conduct made after [DATE 90 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE], shall, for each performer portrayed in such visual depiction, create and maintain records containing the following:
(1)The legal name and date of birth of each performer, obtained by the producer's examination of a picture identification card prior to production of the depiction. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct made after July 3, 1995, or of an actual human being engaged in simulated sexually explicit conduct made after [DATE 90 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE], the records shall also include a legible hard copy of the identification document examined and, if that document does not contain a recent and recognizable picture of the performer, a legible hard copy of a picture identification card. For any performer portrayed in a depiction of an actual human being engaged in actual sexually explicit conduct made after June 23, 2005, or of an actual human being engaged in simulated sexually explicit conduct made after [DATE 90 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE], the records shall include a copy of the depiction and, where the depiction is published on an Internet computer site or service, a copy of any URL associated with the depiction. If no URL is associated with the depiction, the records shall include another uniquely identifying reference associated with the location of the depiction on the Internet. For any performer in a depiction performed live on the Internet, the records shall include a copy of the depiction with running-time sufficient to identify the performer in the depiction and to associate the performer with the records needed to confirm his or her age.
(2)Any name, other than the performer's legal name, ever used by the performer, including the performer's maiden name, alias, nickname, stage name, or professional name. For any performer portrayed in a visual depiction of an actual human being engaged in actual sexually explicit conduct made after July 3, 1995, or of an actual human being engaged in simulated sexually explicit conduct made after [DATE 90 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE], such names shall be indexed by the title or identifying number of the book, magazine, film, videotape, digitally or computer-manipulated image, digital image, picture, URL, or other matter. Producers may rely in good faith on representations by performers regarding accuracy of the names, other than legal names, used by performers.
(c)The information contained in the records required to be created and maintained by this part need be current only as of the time the primary producer actually films, videotapes, or photographs, or creates a digitally or computer-manipulated image, digital image, or picture, of the visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct. If the producer subsequently produces an additional book, magazine, film, videotape, digitally or computer-manipulated image, digital image, or picture, or other matter (including but not limited to an Internet computer site or service) that contains one or more visual depictions of an actual human being engaged in actual or simulated sexually explicit conduct made by a performer for whom he maintains records as required by this part, the producer may add the additional title or identifying number and the names of the performer to the existing records maintained pursuant to paragraph (a)(2) of this section.
(d)For any record of a performer in a visual depiction of actual sexually explicit conduct created or amended after June 23, 2005, or of a performer in a visual depiction of simulated sexually explicit conduct made after [DATE 90 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE], all such records shall be organized alphabetically, or numerically where appropriate, by the legal name of the performer (by last or family name, then first or given name), and shall be indexed or cross-referenced to each alias or other name used and to each title or identifying number of the book, magazine, film, videotape, digitally or computer-manipulated image, digital image, or picture, or other matter (including but not limited to an Internet computer site or service). If the producer subsequently produces an additional book, magazine, film, videotape, digitally or computer-manipulated image, digital image, picture, or other matter (including but not limited to an Internet computer site or service) that contains one or more visual depictions of an actual human being engaged in actual or simulated sexually explicit conduct made by a performer for whom he maintains records as required by this part, the producer shall add the additional title or identifying number and the name(s) of the performer to the existing records and such records shall thereafter be maintained in accordance with this paragraph. 5. Amend § 75.6 by revising paragraph
(a)to read as follows: § 75.6 Statement describing location of books and records.
(a)Any producer of any book, magazine, periodical, film, videotape, digitally or computer-manipulated image, digital image, picture, or other matter (including but not limited to an Internet computer site or service) that contains one or more visual depictions of an actual human being engaged in actual sexually explicit conduct made after July 3, 1995, and produced, manufactured, published, duplicated, reproduced, or reissued after July 3, 1995, or in simulated sexually explicit conduct made after [DATE 90 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE], shall cause to be affixed to every copy of the matter a statement describing the location of the records required by this part. A producer may cause such statement to be affixed, for example, by instructing the manufacturer of the book, magazine, periodical, film, videotape, digitally or computer-manipulated image, digital image, picture, or other matter to affix the statement. In this paragraph, the term “copy” includes every page of a Web site on which appears a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct. 6. Revise § 75.7 to read as follows: § 75.7 Exemption statement.
(a)Any producer of any book, magazine, periodical, film, videotape, digitally or computer-manipulated image, digital image, picture, or other matter may cause to be affixed to every copy of the matter a statement attesting that the matter is not covered by the record-keeping requirements of 18 U.S.C. 2257(a)-(c) or 18 U.S.C. 2257A(a)-(c), as applicable, and of this part if:
(1)The matter contains only visual depictions of actual sexually explicit conduct made before July 3, 1995, or was produced, manufactured, published, duplicated, reproduced, or reissued before July 3, 1995;
(2)The matter contains only visual depictions of simulated sexually explicit conduct made before [DATE 90 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE];
(3)The matter contains only some combination of the visual depictions described in paragraphs (a)(1) and (a)(2) of this section.
(b)If the primary producer and the secondary producer are different entities, the primary producer may certify to the secondary producer that the visual depictions in the matter satisfy the standards under paragraphs (a)(1) through (a)(3) of this section. The secondary producer then may cause to be affixed to every copy of the matter a statement attesting that the matter is not covered by the record-keeping requirements of 18 U.S.C. 2257(a)-(c) or 18 U.S.C. 2257A(a)-(c), as applicable, and of this part. 7. Amend § 75.8 by revising paragraph
(d)to read as follows: § 75.8 Location of the statement.
(d)A computer site or service or Web address containing a digitally or computer-manipulated image, digital image, or picture, shall contain the required statement on every page of a Web site on which appears a visual depiction of an actual human being engaged in actual or simulated sexually explicit conduct. 8. Amend part 75 by adding § 75.9 to read as follows: § 75.9 Certification of records.
(a)*In general.* The provisions of §§ 75.2 through 75.8 shall not apply to a visual depiction of actual sexually explicit conduct constituting lascivious exhibition of the genitals or pubic area of a person or to a visual depiction of simulated sexually explicit conduct if all of the following requirements are met:
(1)The visual depiction is intended for commercial distribution;
(2)The visual depiction is created as a part of a commercial enterprise;
(3)Either—
(i)The visual depiction is not produced, marketed, or made available in circumstances such that an ordinary person would conclude that the matter contains a visual depiction that is child pornography as defined in 18 U.S.C. 2256(8), or
(ii)The visual depiction is subject to regulation by the Federal Communications Commission acting in its capacity to enforce 18 U.S.C. 1464 regarding the broadcast of obscene, indecent, or profane programming; and
(4)The producer of the visual depiction certifies to the Attorney General that he regularly and in the normal course of business collects and maintains individually identifiable information regarding all performers, including minor performers, whom he employs pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the names, addresses, and dates of birth of the performers.
(b)*Form of certification.* The certification shall take the form of a letter addressed to the Attorney General and signed by the chief executive officer of the entity making the certification or, in the event the entity does not have a chief executive officer, the senior manager responsible for overseeing the entity's activities.
(c)*Content of certification.* The certification shall contain the following:
(1)A statement setting out the basis under 18 U.S.C. 2257A and part 75.9 under which the certifying entity and any sub-entities, if applicable, are permitted to avail themselves of the safe harbor, and basic evidence justifying that basis.
(2)The following statement: “I hereby certify that [name of entity] [and all sub-entities listed in this letter] regularly and in the normal course of business collect and maintain individually identifiable information regarding all performers employed by [name of entity] who appear in visual depictions of simulated sexually explicit conduct or of lascivious exhibition of the genitals or pubic area”;
(3)A list of the titles, names, or other identifying information of visual depictions of simulated sexually explicit conduct or lascivious exhibition of the genitals or pubic area (or matter containing them) that include non-employee performers;
(4)A list of the titles, names, or other identifying information of visual depictions of simulated sexually explicit conduct or lascivious exhibition of the genitals or pubic area (or matter containing them) produced since the last certification;
(5)If applicable because the visual depictions at issue were produced outside the United States, the statement that: “I hereby certify that the foreign producers of the visual depictions listed above either collect and maintain the records required by sections 2257 and 2257A of title 18 of the U.S. Code, or have certified to the Attorney General that they collect and maintain individually identifiable information regarding all performers, including minor performers, whom they employ pursuant to tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the names, addresses, and dates of birth of the performers, in accordance with 28 CFR part 75; and [name of entity] has copies of those records or certifications.” For visual depictions of simulated sexually explicit conduct only, the producer may provide the following statement instead: “I hereby certify that [name of entity] has taken reasonable steps to confirm that the performers in the visual depictions listed below are not minors.”
(6)If applicable, a list of the titles, names, or other identifying information of the foreign-produced visual depictions (or matter containing them) of simulated sexually explicit conduct for whom records of the performers appearing in them are not available but for whom the certifying entity has taken reasonable steps to confirm that the performers in them are not minors.
(7)If applicable, the statement that: “I hereby certify that the primary producers of visual depictions secondarily produced by [name of entity] and listed above either collect and maintain the records required by sections 2257 and 2257A of title 18 of the U.S. Code or have certified to the Attorney General that they regularly and in the normal course of business collect and maintain individually identifiable information regarding all performers, including minor performers, whom they employ, pursuant to Federal and State tax, labor, and other laws, labor agreements, or otherwise pursuant to industry standards, where such information includes the names, addresses, and dates of birth of the performers, in accordance with 28 CFR part 75; and [name of entity] has copies of those records or certifications.”
(d)*Entities covered by each certification.* A single certification may cover all or some subset of all entities owned by the entity making the certification. However, the names of the sub-entities covered must be listed in such certification and must be cross-referenced to the matter for which the sub-entities served as the producers.
(e)*Frequency of certification.* An initial certification is due [DATE 180 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE]. Subsequent certifications are due every two years from that date. The initial certification and all subsequent certifications must be filed within a period of five business days concluding on the due date ( *i.e.* , if the due date were on a Friday, and there were no federal holiday during that week, the certification would have to be filed on Monday, Tuesday, Wednesday, Thursday, or Friday of that week). Initial certifications of producers who begin production after [DATE OF PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE] but before [DATE 180 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE] are due on [DATE 180 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE] and must be filed within a period of five business days concluding on the due date. Initial certifications of producers who begin production after [DATE 180 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE] but before [DATE TWO YEARS AFTER 180 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE] are due within 60 days of the start of production (unless the start of production occurs within 60 days of [DATE TWO YEARS AFTER 180 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE], in which case the certifications are due on [DATE TWO YEARS AFTER 180 DAYS AFTER PUBLICATION IN THE **FEDERAL REGISTER** OF THE FINAL RULE]) and must be filed within a period of five business days concluding on the due date. In any case where a due date or last day of a time period falls on a Saturday, Sunday, or federal holiday, the due date or last day of a time period is considered to run until the next day that is not a Saturday, Sunday, or Federal holiday. Dated: May 30, 2008. Michael B. Mukasey, Attorney General. [FR Doc. E8-12635 Filed 6-5-08; 8:45 am] BILLING CODE 4410-14-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 151 [USCG-2004-19621] RIN 1625-AA89 Dry Cargo Residue Discharges in the Great Lakes; Notice of Public Meeting AGENCY: Coast Guard, DHS. ACTION: Notice of public meetings. SUMMARY: The Coast Guard announces that public meetings for the May 23, 2008 notice of proposed rulemaking
(NPRM)on dry cargo residue discharges in the Great Lakes and its supporting Draft Environmental Impact Statement
(DEIS)will be held in Duluth, Minnesota, and Cleveland, Ohio, in July 2008. The proposed rule would allow the continued discharge of certain non-toxic and non-hazardous bulk dry cargo residues in the Great Lakes. Existing prohibitions on discharges in certain areas would be continued, and additional sensitive and protected areas would be defined as no-discharge zones. Recordkeeping and reporting requirements would be imposed, and the voluntary use of measures to control residues would be encouraged. DATES: The public meetings will be held on the following dates: • Duluth, MN, July 15, 2008 from 1 p.m. to 5 p.m. • Cleveland, OH, July 17, 2008 from 1 p.m. to 5 p.m. The previously announced deadline for receiving public comments on the Coast Guard's notice of proposed rulemaking
(NPRM)and DEIS is July 22, 2008. ADDRESSES: The Coast Guard will hold the public meetings at the following addresses: • Duluth: Holiday Inn, 200 West First Street, Duluth, MN 55802, phone 218-727-7492. • Cleveland: The Forum Conference Center, One Cleveland Center, 1375 East Ninth Street, Cleveland, OH 44114, phone 216-241-6338. You may also submit comments identified by Coast Guard docket number USCG-2004-19621 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods:
(1)*Online: http://www.regulations.gov* .
(2)*Mail:* Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
(3)*Fax:* 202-493-2251.
(4)*Hand delivery:* Room W12-140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, contact LT Heather St. Pierre, Project Manager, Environmental Standards Division, Coast Guard, via telephone at 202-372-1432 or via e-mail at *Heather.J.St.Pierre@uscg.mil* . If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-493-0402. SUPPLEMENTARY INFORMATION: Comment Submissions In the NPRM published May 23, 2008 (73 FR 30014), we previously requested public comments and provided information on how to submit them in writing. All written comments received will be posted, without change, to *www.Regulations.gov* and will include any personal information you have provided. Please see the NPRM for additional information on submission of written comments. Public Meetings The Coast Guard encourages you to attend either the Duluth or the Cleveland meeting. These meetings will be open to the public, up to the capacity of the meeting spaces. Please note that either meeting may close early if all business is finished. Oral comments will be transcribed and the transcript will be made available in the docket at *www.Regulations.gov* . We will also accept written comments at both meetings and will enter them in the docket. See “Comment Submissions” if you are unable to attend a meeting but would still like to comment in writing on the NPRM. Information on Services for Individuals With Disabilities If you plan to attend one of the public meetings and require special assistance, such as sign language interpretation or other reasonable accommodations, please contact us as indicated in FOR FURTHER INFORMATION CONTACT . Dated: June 2, 2008. Jeffrey G. Lantz, Director of Commercial Regulations and Standards, United States Coast Guard. [FR Doc. E8-12651 Filed 6-5-08; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2008-0228; FRL-8567-5] Revisions to the California State Implementation Plan, Sacramento Metropolitan Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). Under authority of the Clean Air Act as amended in 1990 (CAA or the Act), we are proposing to approve a local rule that requires submission of emission statements from stationary sources that emit volatile organic compounds and oxides of nitrogen. DATES: Any comments on this proposal must arrive by *July 7, 2008* . ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-2008-0228, by one of the following methods: 1. *Federal eRulemaking Portal: www.regulations.gov* . Follow the on-line instructions. 2. *E-mail: steckel.andrew@epa.gov* . 3. *Mail or deliver:* Andrew Steckel (AIR-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. *Instructions:* All comments will be included in the public docket without change and may be made available online at *www.regulations.gov* , including any personal information provided, unless the comment includes Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through *www.regulations.gov* or e-mail. *www.regulations.gov* is an “anonymous access” system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. *Docket:* The index to the docket for this action is available electronically at *www.regulations.gov* and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location ( *e.g.* , copyrighted material), and some may not be publicly available in either location ( *e.g.* , CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX,
(415)947-4124, *wang.mae@epa.gov* . SUPPLEMENTARY INFORMATION: This proposal addresses the following local rule: SMAQMD Rule 105, Emission Statement, adopted by the SMAQMD on September 5, 1996. In the Rules and Regulations section of this **Federal Register** , we are approving this local rule in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: April 11, 2008. Jane Diamond, Acting Regional Administrator, Region IX. [FR Doc. E8-12477 Filed 6-5-08; 8:45 am] BILLING CODE 6560-50-P GENERAL SERVICES ADMINISTRATION 48 CFR Part 517 [GSAR Case 2007-G500; Docket 2008-0007; Sequence 3] RIN 3090-AI51 General Services Acquisition Regulation; GSAR Case 2007-G500; Rewrite of GSAR Part 517, Special Contracting Methods AGENCY: Office of the Chief Acquisition Officer, General Services Administration (GSA). ACTION: Proposed rule with request for comments. SUMMARY: The General Services Administration
(GSA)is proposing to amend the General Services Administration Acquisition Regulation
(GSAR)to revise sections that provide requirements for special contracting methods. DATES: Interested parties should submit written comments to the Regulatory Secretariat on or before August 5, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by GSAR Case 2007-G500 by any of the following methods: • Regulations.gov: *http://www.regulations.gov* . Submit comments via the Federal eRulemaking portal by inputting “GSAR Case 2007-G500” under the heading “Comment or Submission”. Select the link “Send a Comment or Submission” that corresponds with GSAR Case 2007-G500. Follow the instructions provided to complete the “Public Comment and Submission Form”. Please include your name, company name (if any), and “GSAR Case 2007-G500” on your attached document. • Fax: 202-501-4067. • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Laurieann Duarte, Washington, DC 20405. *Instructions* : Please submit comments only and cite GSAR Case 2007-G500 in all correspondence related to this case. All comments received will be posted without change to *http://www.regulations.gov* , including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Michael O. Jackson at
(202)208-4949, or by e-mail at *michaelo.jackson@gsa.gov* . For information pertaining to the status or publication schedules, contact the Regulatory Secretariat (VPR), Room 4041, GS Building, Washington, DC 20405,
(202)501-4755. Please cite GSAR Case 2007-G500. SUPPLEMENTARY INFORMATION: A. Background The General Services Administration
(GSA)is amending the General Services Administration Acquisition Regulation
(GSAR)to update the text addressing Part 517, Special Contracting Methods. This rule is a result of the General Services Administration Acquisition Manual
(GSAM)Rewrite Initiative undertaken by GSA to revise the GSAM to maintain consistency with the FAR and implement streamlined and innovative acquisition procedures that contractors, offerors, and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the General Services Administration Acquisition Regulation
(GSAR)as well as internal agency acquisition policy. GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part is rewritten, will publish it in the **Federal Register** . This proposed rule amends GSAR 517.200, Scope of subpart, to delete paragraph
(b)because provisions inconsistent with the FAR are authorized only when a deviation has been obtained. GSAR 517.202 is revised to make minor edits and to delete paragraph (a)(2)(v) because the evaluation of performance before exercising an option is necessary in all option situations, and does not reflect a standard that only emerging small businesses need to meet. At GSAR 517.202(b), a cross-reference was inserted to FAR 22.404-12 to remind contracting officers of special Davis Bacon Act requirements applicable to certain construction contract options. GSAR 517.202(c) was added to include a cross-reference to FAR 7.105(b)(4), reminding contracting officers to address options in the acquisition plan. Language in GSAR 517.203(c) was added to ensure there are funds available when a solicitation includes an option to extend. GSAR 517.207, Exercise of options, is revised to delete language that repeats the FAR and to include minor edits. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The General Services Administration does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , because the revisions are not considered substantive. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. GSA will consider comments from small entities concerning the affected GSAR Part 517 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, *et seq.* (GSAR case 2007-G500), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the GSAM do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* List of Subjects in 48 CFR Part 517: Government procurement. Dated: May 30, 2008. Al Matera, Director, Office of Acquisition Policy, U.S. General Services Administration. Therefore, GSA proposes to amend 48 CFR part 517 as set forth below: PART 517—SPECIAL CONTRACTING METHODS 1. The authority citation for 48 CFR part 517 is revised to read as follows: AUTHORITY: 40 U.S.C. 121(c). 2. Revise section 517.200 to read as follows: 517.200 Scope of subpart. This subpart applies to all GSA contracts for supplies and services, including:
(a)Services involving construction, alteration, or repair (including dredging, excavating, and painting) of buildings, bridges, roads, or other kinds of real property.
(b)Architect-engineer services. 3. Amend section 517.202 by— a. Revising the introductory text of paragraph (a)(1); b. Revising paragraphs (a)(2)(i) and (a)(2)(ii); c. Removing paragraph (a)(2)(v); d. Revising paragraph (b); and e. Adding paragraph (c). The revised and added text reads as follows: 517.202 Use of options.
(a)* * *
(1)Options should be used when they meet one or more of the following objectives:
(2)* * *
(i)There is an anticipated need for additional supplies or services during the contract term.
(ii)Multiyear contracting authority is not available or its use is inappropriate and the contracting officer must anticipate a need for additional supplies or services beyond the initial contract term.
(b)*Construction* .
(1)Construction contracts which contain options that extend the term of the contract must comply with the requirements of FAR 22.404-12 regarding the Davis-Bacon Act, and must contain one of the three clauses described at FAR 22.407(e),
(f)or (g).
(2)For limitations on the use of options, see 536.213 and 536.270.
(c)*Acquisition Planning* . The benefits of using options in a contract should be discussed in the acquisition plan as addressed in FAR 7.105(b)(4). 4. Amend section 517.203 by removing from the introductory text the word “both” and adding the word “all” in its place, and adding paragraph
(c)to read as follows: 517.203 Solicitations.
(c)Availability of funds. 5. Revise section 517.207 to read as follows: 517.207 Exercise of options. In addition to the requirements of FAR 17.207, the contracting officer must also—
(a)Determine that the contractor's performance under the contract met or exceeded the Government's expectation for quality performance, unless another circumstance justifies an extended contractual relationship; and
(b)Determine that the option price is fair and reasonable. 517.208 [Amended] 5. Amend section 517.208 by removing from the introductory text the word “FSS's” and adding the word “FAS's” in its place. [FR Doc. E8-12613 Filed 6-5-08; 8:45 am] BILLING CODE 6820-61-S GENERAL SERVICES ADMINISTRATION 48 CFR Parts 537 and 552 [GSAR Case 2008-G510; Docket 2008-0007; Sequence 4] RIN 3090-AI54 General Services Acquisition Regulation; GSAR Case 2008-G510; Rewrite of GSAR Part 537, Service Contracting AGENCY: Office of the Chief Acquisition Officer, General Services Administration (GSA). ACTION: Proposed rule. SUMMARY: The General Services Administration
(GSA)is proposing to amend the General Services Acquisition Regulation
(GSAR)to revise sections of the GSAR that pertains to requirements for service contracting. DATES: Interested parties should submit written comments to the Regulatory Secretariat on or before August 5, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by GSAR Case 2008-G510 by any of the following methods: • Regulations.gov: *http://www.regulations.gov* . Submit comments via the Federal eRulemaking portal by inputting “GSAR Case 2008-G510” under the heading “Comment or Submission”. Select the link “Send a Comment or Submission” that corresponds with GSAR Case 2008-G510. Follow the instructions provided to complete the “Public Comment and Submission Form”. Please include your name, company name (if any), and “GSAR Case 2008-G510” on your attached document. • Fax: 202-501-4067. • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW, Room 4041, ATTN: Laurieann Duarte, Washington, DC 20405. *Instructions:* Please submit comments only and cite GSAR Case 2008-G510 in all correspondence related to this case. All comments received will be posted without change to *http://www.regulations.gov* , including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT For clarification of content, contact Mr. Michael O. Jackson at
(202)208-4949. For information pertaining to the status or publication schedules, contact the Regulatory Secretariat (VPR), Room 4041, GS Building, Washington, DC 20405,
(202)501-4755. Please cite GSAR Case 2008-G510. SUPPLEMENTARY INFORMATION: A. Background The General Services Administration
(GSA)is amending the General Services Administration Acquisition Regulation
(GSAR)to revise sections of GSAR Part 537 that provide requirements for service contracting. This rule is a result of the General Services Administration Acquisition Manual
(GSAM)rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the FAR and to implement streamlined and innovative acquisition procedures that contractors, offerors, and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the General Services Administration Acquisition Regulation
(GSAR)as well as internal agency acquisition policy. GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part is rewritten, will publish it in the **Federal Register** . This rule covers the rewrite of GSAR Part 537. The rule revises 537 to address the text at GSAR 537.101, Definitions; 537.110 Solicitation provisions and contract clauses; provision 552.237-70, Qualifications of Offerors; and clause 552.237-73, Restriction on Disclosure of Information. The language in 537.101, Definitions, is removed from inclusion in the GSAR. This language clarifies the definition for “contracts for building services” for contracting officers, therefore this language is being incorporated as non-regulatory GSAM language. GSAR clauses 552.237-71, Qualifications of Employees and 552.237-72, Prohibition Regarding “Quasi-Military Armed Forces” are retained with no changes. Discussion of Comments There were no public comments received in response to the Advanced Notice of Proposed Rulemaking. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The General Services Administration does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , because the revisions are not considered substantive. The revisions only update and reorganize existing coverage. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. GSA will consider comments from small entities concerning the affected GSAR Parts 537 and 552 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, *et seq.* (GSAR case 2008-G510), in all correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does apply; however, these changes to the GSAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 3090-0027. List of Subjects in 48 CFR Parts 537 and 552 Government procurement. Dated: May 30, 2008. Al Matera, Director, Office of Acquisition Policy. Therefore, GSA proposes to amend 48 CFR parts 537 and 552 as set forth below: 1. The authority citation for 48 CFR parts 537 and 552 continues to read as follows: Authority: 40 U.S.C. 121(c). PART 537—SERVICE CONTRACTING 537.101 [Removed] 2. Remove section 537.101. 537.110 [Amended] 3. Amend section 537.110 by removing from paragraph
(a)“initiated” and adding “initiated with Ability One” in its place. PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 552.237-70 [Amended] 4. Amend section 552.237-70 by revising the date of the provision to read “(Date)”; and removing from paragraph
(a)“In order to” and adding “To” in its place. 552.237-73 [Amended] 5. Amend 552.237-73 by revising the date of the clause to read “(Date)”; and removing from paragraph
(b)“individual” and adding “entity” in its place. [FR Doc. E8-12571 Filed 6-5-08; 8:45 am] BILLING CODE 6820-61-S GENERAL SERVICES ADMINISTRATION 48 CFR Parts 547 and 552 [GSAR Case 2006-G518; Docket 2008-0007; Sequence 6] RIN 3090-AI52 General Services Acquisition Regulation; GSAR Case 2006-G518; Rewrite of GSAR Part 547, Transportation AGENCY: Office of the Chief Acquisition Officer, General Services Administration (GSA). ACTION: Proposed rule with request for comments. SUMMARY: The General Services Administration
(GSA)is proposing to amend the General Services Acquisition Regulation
(GSAR)to revise GSAR language that provides requirements for transportation. This rule is a result of the General Services Administration Acquisition Manual
(GSAM)Rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the FAR, and to implement streamlined and innovative acquisition procedures that contractors, offerors and GSA contracting personnel can use when entering into and administering contractual relationships. The GSAM incorporates the General Services Administration Acquisition Regulation
(GSAR)as well as internal agency acquisition policy. GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part is rewritten, will publish it in the **Federal Register** . This is one of the series of revisions to 48 CFR Chapter 5. It covers the rewrite of GSAR Part 547, Transportation. DATES: Interested parties should submit written comments to the Regulatory Secretariat on or before August 5, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by GSAR Case 2006-G518 by any of the following methods: • Regulations.gov: *http://www.regulations.gov* . Submit comments via the Federal eRulemaking portal by inputting “GSAR Case 2006-G518” under the heading “Comment or Submission”. Select the link “Send a Comment or Submission” that corresponds with GSAR Case 2006-G518. Follow the instructions provided to complete the “Public Comment and Submission Form”. Please include your name, company name (if any), and “GSAR Case 2006-G518” on your attached document. • Fax: 202-501-4067. • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Laurieann Duarte, Washington, DC 20405. *Instructions* : Please submit comments only and cite GSAR Case 2006-G518 in all correspondence related to this case. All comments received will be posted without change to *http://www.regulations.gov* , including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Jeritta Parnell at
(202)501-4082, or by e-mail at *jeritta.parnell@gsa.gov* . For information pertaining to the status or publication schedules, contact the Regulatory Secretariat (VPR), Room 4041, GS Building, Washington, DC 20405,
(202)501-4755. Please cite GSAR Case 2006-G518. SUPPLEMENTARY INFORMATION: A. Background **The GSAR Rewrite Project** On February 15, 2006, GSA published an Advance Notice of Proposed Rulemaking
(ANPR)with request for comments because GSA is beginning the review and update of the General Services Administration Acquisition Regulation (GSAR). The GSAR rewrite will— • Consider comments received from the ANPR, published in the **Federal Register** at 71 FR 7910, February 15, 2006. • Change “you” to “contracting officer.” • Maintain consistency with the FAR but eliminate duplication. • Revise GSAR sections that are out of date, or impose inappropriate burdens on the Government or contractors, especially small businesses. • Streamline and simplify by incorporation of all GSA acquisition policies, *i.e.* , acquisition letters, alerts, and FAS manual information. In addition, GSA has recently reorganized into two, rather than three services. Therefore, the reorganization of the Federal Supply Service
(FSS)and the Federal Technology Service
(FTS)into the Federal Acquisition Service
(FAS)will be considered in the rewrite initiative. **The Rewrite of Part 547** This proposed rule contains the revisions made to Part 547, Transportation. The information contained in the five sections; 547.300, 547.303, 547.304, 547.305, and 547.370 is proposed for deletion from Part 547. In addition, clauses 552.247-70, Placarding Railcar Shipments, and 552.247-71, Diversion of Shipment Under f.o.b. Destination Contracts, are proposed for deletion from 552.547. This information is deemed specific to the FAS organization and its special order program and stock program. This information is not used in the Multiple Award Schedule Program. The coverage and the clauses were evaluated and deemed not necessary for inclusion into the GSAR. The FAR coverage in 47.103, 47.3, and 52.243-1 (48 CFR Chapter 1) is sufficient and does not need to be supplemented by further information in the GSAR. **Discussion of Comments** As a result of the ANPR, GSA received one comment pertaining to GSAR Part 547. One commenter suggested making the GSAR consistent with the FAR and to eliminate inconsistencies and redundancies between the FAR and GSAR. The commenter further provided an example of a FAR deviation used under a Federal Supply Schedule 70, stating “that GSA should consider whether the various delivery and packaging requirements can be simplified and require delivery and packaging that comports with the contractor's standard commercial practices.” GSA partially agrees with the commenter and has initiated this rewrite of the GSAM/GSAR to correct or clarify such inconsistencies. However, GSA believes that in this instance cited by the commenter, that the risk of loss or damage to supplies shall remain with the contractor until the Government takes possession of the supplies, as specified f.o.b. origin or destination, whichever the contract so states. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The General Services Administration does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , because the rule will delete information and clauses that are deemed unnecessary. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. GSA will consider comments from small entities concerning the affected GSAR Parts 547 and 552 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, *et seq.* (GSAR case 2006-G518), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the GSAM do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, *et seq.* List of Subjects in 48 CFR Parts 547 and 552 Government procurement. Dated: June 2, 2008. Al Matera, Director, Office of Acquisition Policy, General Services Administration. Therefore, GSA proposes to amend 48 CFR parts 547 and 552 as set forth below: 1. The authority citation for 48 CFR parts 547 and 552 is revised to read as follows: AUTHORITY: 40 U.S.C. 121(c). PART 547 [RESERVED] 2. Part 547 is removed and reserved. PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 552.247-70 [Removed] 3. Section 552.247-70 is removed. 552.247-71 [Removed] 4. Section 552.247-71 is removed. [FR Doc. E8-12694 Filed 6-5-08; 8:45 am] BILLING CODE 6820-61-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 080509647-8651-01] RIN 0648-AW84 Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: The National Marine Fisheries Service
(NMFS)proposes to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP), to delay the effective date of one of the broad-based gear modifications and remove one of the gear-related definitions required in the recent amendment to the ALWTRP. Specifically, NMFS is proposing to delay the broad-based sinking groundline requirement for trap/pot fishermen in the Atlantic for an additional six months, from October 5, 2008 to April 5, 2009. Additionally, the proposed rule would delete the “neutrally buoyant line” term from the regulations to avoid any potential confusion with the requirements and assist enforcement efforts. DATES: Comments on the proposed rule must be received by 5 p.m. EST on July 7, 2008. ADDRESSES: Comments may be submitted on this proposed rule, identified by RIN 0648-AW84, by any one of the following methods:
(1)Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal *http://www.regulations.gov* .
(2)Mail: Mary Colligan, Assistant Regional Administrator for Protected Resources, NMFS, Northeast Region, 1 Blackburn Dr., Gloucester, MA 01930, ATTN: ALWTRP Proposed Rule.
(3)Facsimile
(fax)to: 978-281-9394, Attn: Diane Borggaard Instructions: All comments received are a part of the public record and will generally be posted to *http://www.regulations.gov* without change. All personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Copies of the Regulatory Impact Review related to this action can be obtained from the ALWTRP website listed under the Electronic Access portion of this document or writing Diane Borggaard, NMFS, Northeast Region, 1 Blackburn Dr., Gloucester, MA 01930. For additional ADDRESSES and web sites for document availability see SUPPLEMENTARY INFORMATION . FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS, Northeast Region, 978-281-9300 Ext. 6503; or Kristy Long, NMFS, Office of Protected Resources, 301-713-2322. SUPPLEMENTARY INFORMATION: Electronic Access Several of the background documents for the ALWTRP and the take reduction planning process can be downloaded from the ALWTRP web site at http://www.nero.noaa.gov/whaletrp/. The complete text of the regulations implementing the ALWTRP can be found either in the Code of Federal Regulations
(CFR)at 50 CFR 229.32 or downloaded from the website, along with a guide to the regulations. Background In response to the continued serious injury and mortality of large whales from entanglement in commercial fishing gear, NMFS determined that additional modifications to the ALWTRP were warranted. Subsequently, in October 2007, NMFS finalized an amendment to the ALWTRP which implemented a broad-based gear modification strategy that included additional regulated fisheries; expanded weak link and sinking groundline requirements; additional gear marking requirements; changes in boundaries; seasonal restrictions for gear modifications; expanded exempted areas; and regulatory language changes for the purposes of clarification and consistency (72 FR 57104, October 5, 2007; 73 FR 19171, April 9, 2008). Most modifications became effective November 5, 2007, and April 5, 2008, except for one broad-based requirement which becomes effective October 5, 2008. Based on the availability of the sinking groundline and time needed to re-rig gear, NMFS built into the final rule a one-year phase-in period to afford trap/pot and gillnet fishermen adequate time to convert their gear. Specifically, the regulations require sinking and/or neutrally buoyant line on groundlines on a year-round or seasonal basis depending on the temporal and spatial distribution of large whales one year after publication of the final rule (except in the Cape Cod Bay Restricted Area and Seasonal Area Management
(SAM)Areas). Because the final rule was published on October 5, 2007, the sinking groundline provision becomes effective on October 5, 2008. Proposed Measures In the time since the publication of the October 5, 2007 final rule, NMFS has monitored the availability of the sinking groundline and progress of the commercial trap/pot fisheries in converting to sinking groundlines. Based on its findings, NMFS has determined that additional time to convert to sinking groundline is warranted. This proposed rule would provide an additional six months (through April 5, 2009) for trap/pot fishermen along the Atlantic east coast to comply with this major requirement. The proposed action is warranted given the confusion that has occurred regarding which trap/pot fishermen are impacted by the ALWTRP and what type of groundline line is required. As far as trap/pot fisheries, the ALWTRP has regulated only American lobster since it was first implemented in 1997, and many trap/pot fisheries are being regulated for the first time through the October ALWTRP amendment. These new trap/pot fisheries include, but are not limited to, crab (red, Jonah, rock, and blue), hagfish, finfish (black sea bass, scup, tautog, cod, haddock, pollock, redfish (ocean perch), and white hake), conch/whelk, and shrimp. The delay of the broad-based sinking groundline requirement would occur partially during a time of year when most trap/pot gear is out of the water while fishermen traditionally repair and replace gear. The delay will also enable fishermen to purchase the appropriate sinking line and rectify any confusion they may have regarding sinking line. All other ALWTRP amendments would be effective, including the sinking groundline requirement for gillnet fisheries. The requirements for sinking groundline for lobster trap/pot fisheries in Cape Cod Bay, Dynamic Area Management
(DAM)zones (now no longer in effect), and SAM area have facilitated the conversion to sinking groundline. Floating groundline gear buyback programs in Maine, Massachusetts, New York and the mid-Atlantic have also facilitated the conversion to sinking groundline for trap/pot fisheries, but primarily for lobster trap/pot. This proposed action will eliminate the confusion in the trap/pot industry as to which fisheries are impacted and what type of line is required to assist all Atlantic trap/pot fishermen in fully converting to sinking groundline when much of the gear is out of the water. As a result, trap/pot fishermen would be able to convert their gear over an extended period of time to help ensure gear availability and avoid any potential spike in demand for sinking line, which if it materialized, might temporarily outstrip the capacity of cordage manufacturers, drive up prices, and impair fishermen's ability to comply. The impact on large whales from this delay would be minimal given that:
(1)the majority of the conservation measures included in the amendment to the ALWTRP would already be in place;
(2)special right whale management areas have already converted to sinking groundline as described above;
(3)most trap/pot gear is out of the water during a portion of the time period before the broad-based sinking groundline requirements go into effect;
(4)the primary seasonal distribution of large whales in the Northeast occurs before the proposed effective date (Pace and Merrick 2008, NMFS 2007) (where the majority of confusion has been reported to have occurred); and
(5)gear buyback programs from Maine to North Carolina that have assisted in the conversion of sinking groundline for lobster trap/pot fisheries have already removed a large amount of sinking groundline from the ocean. In addition to the proposal to extend the implementation of the broad-based gear requirements, this proposed rule would delete the “neutrally buoyant line” term and definition from the regulations, so that only the “sinking line” term and definition would remain. In the October 5, 2007 final rule, NMFS included both the terms “sinking” and “neutrally buoyant” line, with identical definitions for each, in an attempt to include familiar industry terms and assist in the understanding of the regulations. However, industry feedback since the final rule published indicates that using two terms has led to confusion and resulted in some fishermen not understanding what type of line is required for the groundline. Additionally, trap/pot fishermen have inquired about the definition of low profile groundline (a line that does not sink, but loops some distance above the ocean bottom lower than floating line), and have asked NMFS for clarification on whether neutrally buoyant line is the same as low profile line. Therefore, in order to ensure clarity regarding the groundline requirement, this proposed action would remove all references to the term “neutrally buoyant line” from the regulations to facilitate both industry understanding of the regulations and enforcement efforts of this requirement. The term would be removed for both buoy line and groundline requirements and for both gillnet and trap/pot fisheries. Accordingly, the “sinking line” definition would be modified to eliminate reference to “see also neutrally buoyant line.” NMFS discussed the removal of the “neutrally buoyant line” term with the Atlantic Large Whale Take Reduction Team, a NMFS advisory group composed of various marine resource stakeholders, at its April 2008 meeting and this suggested ALWTRP revision was supported. Classification This action is categorically excluded from the requirement to prepare an Environmental Assessment in accordance with sections 6.03a.3(a) and 6.03c.3(d) of NOAA Administrative Order
(NAO)216-6. Specifically, this proposed action includes revisions that “will hold no potential for significant environmental impacts,” and will facilitate enforcement efforts. This action does not trigger the exceptions to categorical exclusions listed in NAO 216-6, Section 5.05c; thus, a categorical exclusion memorandum to the file has been prepared. This proposed rule has been determined to be not significant for the purposes of Executive Order 12866. This proposed rule does not contain a collection of information requirements subject to the Paperwork Reduction Act (PRA). The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration
(SBA)that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The October 5, 2007 ALWTRP final rule (72 FR 57104, October 5, 2007; 73 FR 19171, April 9, 2008) and Final Environmental Impact Statement
(FEIS)(August 2007) identified approximately 4,353 vessels that would be affected by the final rule, including 2,889 from the lobster trap/pot fishery. This proposed action would merely delete the term “neutrally buoyant line” from the regulations, and delay the implementation of the broad based gear requirements for an additional 6 months. Because this action would not impose any new requirements, it would have no economic impact beyond that previously analyzed in the prior rulemaking and Final Environmental Impact Statement, and would not significantly reduce profit for affected vessels. NMFS has determined that this action is consistent to the maximum extent practicable with the approved coastal management program of the U.S. Atlantic coastal states. This determination was submitted for review by the responsible state agencies under section 307 of the Coastal Zone Management Act. This proposed rule contains policies with federalism implications as that term is defined in Executive Order 13132. Accordingly, the Assistant Secretary for Legislative and Intergovernmental Affairs will provide notice of the proposed action to the appropriate official(s) of affected state, local, and/or tribal governments. References NMFS. 2007. Final Environmental Impact Statement for Amending the Atlantic Large Whale Take Reduction Plan: Broad-Based Gear Modifications. Prepared by: Industrial Economics, Inc. and NOAA's National Marine Fisheries Service. Northeast Region. Pace, Richard M. III, and Merrick, Richard. 2008. Northwest Atlantic Ocean Habitats Important to the Conservation of North Atlantic Right Whales. Northeast Fisheries Science Center Reference Document 08-07. 32 pp. List of Subjects 50 CFR Part 229 Administrative practice and procedure, Confidential business information, Fisheries, Marine mammals, Reporting and recordkeeping requirements. Dated: June 2, 2008. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 229 is proposed to be amended as follows: PART 229—AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE MAMMAL PROTECTION ACT OF 1972 1. The authority citation for 50 CFR part 229 continues to read as follows: Authority: 16 U.S.C. 1361 *et seq.* 2. In § 229.2, the definition “Neutrally buoyant line” is removed. The definition of “Sinking line” is revised to read as follows: § 229.2 Definitions. *Sinking line* means, for both groundlines and buoy lines, line that has a specific gravity greater than or equal to 1.030, and, for groundlines only, does not float at any point in the water column. 3. In § 229.32, revise paragraphs (a)(4), (c)(2)(ii)(D), (c)(2)(ii)(E), the first sentence of paragraphs, (c)(5)(ii)(B), (c)(6)(ii)(B), (c)(7)(ii)(C), (c)(8)(ii)(B), (c)(9)(ii)(B), (d)(6)(ii)(D), (d)(7)(ii)(D), (i)(3)(i)(B)( *1* )( *i* ), (i)(3)(i)(B)( *2* )( *i* ), and the second sentence of (d)(1)(i) to read as follows: § 229.3 Atlantic large whale take reduction plan regulations. (a)* * *
(4)*Sinking groundline exemption.* The fisheries regulated under this section are exempt from the requirement to have groundlines composed of sinking line if their groundline is at a depth equal to or greater than 280 fathoms (1,680 ft or 512.1 m) (as shown on NOAA charts 13200 (Georges Bank and Nantucket Shoals, 1:400,000), 12300 (NY Approaches—Nantucket Shoals to Five Fathom Bank, 1:400,000), 12200 (Cape May to Cape Hatteras, 1:419,706), 11520 (Cape Hatteras to Charleston, 1:432,720), 11480 (Charleston Light to Cape Canaveral, 1:449,659) and 11460(Cape Canaveral to Key West, 1:466,940)). (c)* * * (2)* * * (ii)* * *
(D)*Buoy lines.* All buoy lines must be composed of sinking line except the bottom portion of the line, which may be a section of floating line not to exceed one-third the overall length of the buoy line.
(E)*Groundlines.* All groundlines must be composed entirely of sinking line. The attachment of buoys, toggles, or other floatation devices to groundlines is prohibited. (5)* * * (ii)* * *
(B)*Groundlines.* On or before April 5, 2009, all groundlines must be composed entirely of sinking line unless exempted from this requirement under paragraph (a)(4) of this section. * * *
(6)* * *
(ii)* * *
(B)*Groundlines.* On or before April 5, 2009, all groundlines must be composed entirely of sinking line unless exempted for this requirement under paragraph (a)(4) of this section. * * *
(7)* * *
(ii)* * *
(C)*Groundlines.* On or before April 5, 2009, all groundlines must be composed entirely of sinking line unless exempted from this requirement under paragraph (a)(4) of this section. * * *
(8)* * *
(ii)* * *
(B)*Groundlines.* On or before April 5, 2009, all groundlines must be composed entirely of sinking line unless exempted from this requirement under paragraph (a)(4) of this section. * * *
(9)* * *
(ii)* * *
(B)*Groundlines.* On or before April 5, 2009, all groundlines must be composed entirely of sinking line unless exempted from this requirement under paragraph (a)(4) of this section. * * *
(d)* * *
(1)* * *
(i)* * * If more than one buoy is attached to a single buoy line or if a high flyer and a buoy are used together on a single buoy line, sinking line must be used between these objects.
(6)* * *
(ii)* * *
(D)*Groundlines.* On or before October 5, 2008, all groundlines must be composed entirely of sinking line unless exempted from this requirement under paragraph (a)(4) of this section. * * *
(7)* * *
(ii)* * *
(D)*Groundlines.* On or before October 5, 2008, all groundlines must be composed entirely of sinking line unless exempted from this requirement under paragraph (a)(4). * * *
(i)* * *
(3)* * *
(i)* * *
(B)* * * ( *1* ) *Anchored gillnet gear* —( *i* ) *Groundlines.* All groundlines must be made entirely of sinking line. Floating groundlines are prohibited. * * * ( *2* ) *Trap/pot gear* —( *i* ) *Groundlines.* All groundlines must be made entirely of sinking line. Floating groundlines are prohibited. * * * [FR Doc. 08-1326 Filed 6-3-08; 2:14 pm]
Connectionstraces to 39
Traces to 39 documents
CFR
- Applicability.§ 71.1
- Atlantic Intracoastal Waterway from St. Marys River to Key Largo.§ 117.261
- Temporary change to a drawbridge operating schedule.§ 117.35
- Sacramento River.§ 117.189
- Altamaha River.§ 117.351
- Introduction.§ 52.02
- May I address the unsafe condition in a way other than that set out in the airworthiness directive?§ 39.19
- The public record.§ 4.9
- Time.§ 4.3
- Definitions.§ 75.1
- Certification of records.§ 75.9
register
U.S. Code
- Federal Aviation Administration§ 106
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Postal policy§ 101
- State implementation plans for national primary and secondary ambient air quality standards§ 7410
- Purposes§ 3501
- Definitions§ 601
- Establishment, functions, and activities§ 272
- SHORT TITLE.§ 801
- EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL GOVERNMENT RECORDS.§ 804
- Congressional findings and declaration of purpose§ 7401
- Federal agency responsibilities§ 3506
- Federal Communications Commission§ 154
- Energy conservation standards§ 6295
- Record keeping requirements§ 2257
- Definitions for chapter§ 2256
- Broadcasting obscene language§ 1464
- Final regulatory flexibility analysis§ 604
- Definitions§ 632
- Purposes§ 1501
- Periodic review of rules§ 610
- Administrative§ 121
- Congressional findings and declaration of policy§ 1361
44 references not yet in our index
- 14 CFR 71
- 33 CFR 117
- 39 CFR 111
- 40 CFR 52
- Pub. L. 104-4
- 40 CFR 51
- 47 CFR 73
- Pub. L. 104-13
- Pub. L. 107-198
- 10 CFR 430
- Pub. L. 94-163
- Pub. L. 95-619
- Pub. L. 100-12
- Pub. L. 100-357
- Pub. L. 102-486
- 42 USC 6291-6309
- Pub. L. 109-58
- 355 F.3d 179
- Pub. L. 110-140
- 14 CFR 39
- 16 CFR 317
- 17 CFR 150
- 28 CFR 75
- Pub. L. 109-2
- 18 USC 2257A(a)
- 33 F.3d 78
- 406 F. Supp. 2d 1196
- 483 F. Supp. 2d 1069
- 139 F.3d 804
- 483 F. Supp. 2
- Pub. L. 95-225
- 92 Stat. 7
- 535 U.S. 234
- 18 USC 2257A(h)
- 18 USC 2257A(h)(1)(A)
- 18 USC 2257A(h)(1)(A)(ii)
- 18 USC 2257A(h)(1)(B)
- 18 USC 2257A(h)(1)(B)(ii)
- 5 USC 601-612
- 18 USC 2257A
+ 4 more
Citation graph
cites case law
Unknown
Final rule
F. App'x355 F.3d 179
F. App'x33 F.3d 78
F. Supp.406 F. Supp. 2d 1196
Cites 83 · showing 12Cited by 0 across 0 sources