Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006

Monday, August 14, 2006 Agriculture Department See Farm Service Agency See Forest Service Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 46510–46514 Antitrust Division NOTICES National cooperative research notifications: National Glass Association, 46514 Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 46483–46484 Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Safety Commission PROPOSED RULES Matchbooks, toy rattles, and baby bouncers, walker- jumpers, and baby walkers; safety standards; 2006 FY systematic regulatory review Correction, 46415 Copyright Office, Library of Congress RULES Copyright office and procedures: Vessel hull designs; registration certificates; correction of errors, 46402–46403 Defense Acquisition Regulations System RULES Acquisition regulations: Contractor personnel authorized to accompany U.S. Armed Forces, 46409 PROPOSED RULES Acquisition regulations: Export-controlled information and technology, 46434– 46440 Defense Department See Defense Acquisition Regulations System Drug Enforcement Administration NOTICES Applications, hearings, determinations, etc.: Applied Science Labs, 46514–46515 Education Department RULES Special education and rehabilitative services: Individuals with Disabilities Education Act (IDEA)— Children with disabilities programs; assistance to States, 46540–46845 NOTICES Meetings: National Mathematics Advisory Panel, 46450–46451 Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: American Fast Print Ltd., 46516 Conflandey, Inc.; correction, 46516 Convatec; correction, 46516–46517 Dura Art Stone, Inc.; correction, 46517 Georgia-Pacific Corp., 46517 Pilgrim Home & Hearth LLC et al., 46517–46519 Selco, Inc.; correction, 46519 Sony Electronics; correction, 46520 Synertech Health System Solutions; correction, 46520 Tredegar Film Products, 46520 Energy Department See Energy Efficiency and Renewable Energy Office See Energy Information Administration See Western Area Power Administration NOTICES Reports and guidance documents; availability, etc.: Projects that employ innovative technologies; loan guarantees, 46451–46460 Energy Efficiency and Renewable Energy Office RULES Energy conservation: Renewable energy production incentives, 46383–46388 NOTICES Consumer products; energy conservation program: Peerless Boilers Heat, LLC; waiver from residential furnace and boiler test procedures, 46460–46465 Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46466 Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: South Dakota, 46403–46409 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: South Dakota, 46428–46429 Superfund program: National oil and hazardous substances contingency plan priorities list, 46429–46432 NOTICES Confidential business information and data transfer, 46470 Reports and guidance documents; availability, etc.: Solid Waste Disposal Act; delivery prohibition grant guidelines for States, 46471–46475 Solid Waste Disposal Act; tribal strategy, 46471 Toxic and hazardous substances control: New chemicals; receipt and status information, 46475– 46481 Water pollution control: Clean Water Act— Massachusetts; water quality limited segments; list decisions, 46481 VerDate Aug<31>2005 05:04 Aug 12, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\14AUCN.SGM 14AUCN rwilkins on PROD1PC63 with PROPOSALS IV Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Contents Executive Office of the President See Management and Budget Office See Trade Representative, Office of United States Farm Credit Administration NOTICES Reports and guidance documents; availability, etc.: Equal employment opportunity and diversity; policy statement, 46481–46483 Farm Service Agency NOTICES United States Warehouse Act: Warehouse operators; temporary storage for grain, 46446 Federal Aviation Administration RULES Airworthiness directives: B-N Group Ltd., 46395–46396 DG Flugzeugbau GmbH, 46393–46395 Pilatus Aircraft Ltd., 46389–46390 Turbomeca, 46390–46393 PROPOSED RULES Airworthiness directives: Hartzell Propeller Inc., 46413–46415 Federal Bureau of Investigation NOTICES Agency information collection activities; proposals, submissions, and approvals, 46515–46516 Federal Reserve System RULES Truth in lending (Regulation Z): Staff commentary, 46388 PROPOSED RULES Depository institutions; reserve requirements (Regulation D): Bankers’ banks; exemption from reserve requirements; criteria; interpretation, 46411–46412 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 46483 Fish and Wildlife Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Kenai Peninsula subsistence resource region, 46400– 46401 PROPOSED RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Kenai Peninsula; fish and wildlife; subsistence taking; seasonal adjustments, 46423–46426 Kenai Peninsula; subsistence resource region, 46427– 46428 Nonrural determinations, 46416–46423 NOTICES Endangered and threatened species: Incidental take permits— Brevard County, FL; Florida scrub-jay, 46504–46505 Endangered and threatened species permit applications, determinations, etc., 46503–46504 Environmental statements; availability, etc.: Incidental take permits— Bastrop County, TX; Houston toad and bald eagle, 46505–46506 Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: Donor deferral for transfusion in France since 1980; Creutzfeldt-Jakob disease transmission by blood and blood products; risk reduction, 46484–46485 Source plasma containing disease-associated and other immunoglobulin G (IgG) antibodies; collection program, 46485–46486 Forest Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Kenai Peninsula subsistence resource region, 46400– 46401 PROPOSED RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Kenai Peninsula; fish and wildlife; subsistence taking; seasonal adjustments, 46423–46426 Kenai Peninsula; subsistence resource region, 46427– 46428 Nonrural determinations, 46416–46423 NOTICES Meetings: Resource Advisory Committees— Glenn/Colusa County, 46447 Mendocino County, 46446 Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service Internal Revenue Service PROPOSED RULES Income taxes: Section 1248 attribution principles Correction, 46415–46416 International Trade Administration NOTICES Antidumping: Circular welded carbon steel pipes and tubes and non- alloy steel pipe from— Taiwan, 46447–46448 Welded large diameter line pipe from— Japan, 46448–46449 Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration See Federal Bureau of Investigation Labor Department See Employment and Training Administration VerDate Aug<31>2005 05:04 Aug 12, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\14AUCN.SGM 14AUCN rwilkins on PROD1PC63 with PROPOSALS V Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Contents Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 46506–46507 Meetings: Resource Advisory Councils— Arizona, 46507–46508 Library of Congress See Copyright Office, Library of Congress Management and Budget Office NOTICES Meetings: Acquisition Advisory Panel, 46525 Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: Spill response requirements for facilities located seaward of coast line; change in reference to official title, 46398–46400 NOTICES Environmental statements; availability, etc.: Arctic Ocean OCS— Seismic surveys, 46508 Gulf of Mexico OCS— Oil and gas operations, 46508–46510 National Credit Union Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46520–46521 National Institutes of Health PROPOSED RULES Privacy Act; implementation, 46432–46434 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46486–46487 Inventions, Government-owned; availability for licensing, 46487–46493 Meetings: National Heart, Lung, and Blood Institute, 46493–46494 National Institute of Biomedical Imaging and Bioengineering, 46494 National Institute of Environmental Health Sciences, 46494–46495 Organization, functions, and authority delegations: Ethics Office et al., 46495 Patent licenses; non-exclusive, exclusive, or partially exclusive: Cambridge Antibody Technology, Ltd., 46495–46496 Sahajanand Medical Technologies Pvt. Ltd., 46496 Privacy Act; systems of records, 46496–46501 Senior Executive Service Performance Review Board; membership, 46501 National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 46409–46410 PROPOSED RULES Fishery conservation and management: Western Pacific fisheries— Bottomfish and seamount groundfish, 46441–46445 Marine mammals: North Atlantic right whales; ship collisions reduction; speed restrictions implementation, 46440 NOTICES Meetings: Pacific Fishery Management Council, 46449–46450 South Atlantic Fishery Management Council, 46450 National Science Foundation NOTICES Antarctica; meteorite collection plans, 46521 Meetings: Ocean Sciences Proposal Review Panel, 46521–46522 Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.: Pressurized thermal shock; technical basis; public workshop, 46522–46525 Office of Management and Budget See Management and Budget Office Office of United States Trade Representative See Trade Representative, Office of United States Public Debt Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 46536–46538 Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 46527– 46534 NYSE Arca, Inc., 46534–46535 Social Security Administration NOTICES Social security benefits and supplemental security income: Determinations or decisions; administrative review requests; additional options, 46535 State Department RULES Passports: Surcharge on applicable fees, 46396–46398 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46535–46536 Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 46501–46503 Trade Representative, Office of United States NOTICES Reports and guidance documents; availability, etc.: Foreign Trade Barriers; National Trade Estimate Report, 46525–46527 Transportation Department See Federal Aviation Administration Treasury Department See Internal Revenue Service VerDate Aug<31>2005 05:04 Aug 12, 2006 Jkt 208001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\14AUCN.SGM 14AUCN rwilkins on PROD1PC63 with PROPOSALS VI Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Contents See Public Debt Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 46536 Western Area Power Administration NOTICES Power rates: Navajo Power Marketing Plan, 46467–46470 Separate Parts In This Issue Part II Education Department, 46540–46845 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. VerDate Aug<31>2005 05:04 Aug 12, 2006 Jkt 208001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\14AUCN.SGM 14AUCN rwilkins on PROD1PC63 with PROPOSALS CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. VII Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Contents 10 CFR 451...................................46383 12 CFR 226...................................46388 Proposed Rules: 204...................................46411 14 CFR 39 (4 documents) ...........46389, 46390, 46393, 46395 Proposed Rules: 39.....................................46413 16 CFR Proposed Rules: Ch. II ................................46415 22 CFR 51.....................................46396 26 CFR Proposed Rules: 1 (2 documents) .............46415, 46416 30 CFR 250...................................46398 254...................................46398 34 CFR 300...................................46540 301...................................46540 36 CFR 242...................................46400 Proposed Rules: 242 (3 documents) .........46417, 46423, 46427 37 CFR 201...................................46402 212...................................46402 40 CFR 52.....................................46403 Proposed Rules: 52.....................................46428 300...................................46429 45 CFR Proposed Rules: 5b.....................................46432 48 CFR 212...................................46409 225...................................46409 252...................................46409 Proposed Rules: 204...................................46434 235...................................46434 252...................................46434 50 CFR 100...................................46400 679...................................46409 Proposed Rules: 100 (3 documents) .........46416, 46423, 46427 224...................................46440 665...................................46441 VerDate Aug 31 2005 05:05 Aug 12, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\14AULS.LOC 14AULS rwilkins on PROD1PC63 with PROPOSALS This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. Rules and Regulations Federal Register 46383 Vol. 71, No. 156 Monday, August 14, 2006 DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy 10 CFR Part 451 RIN 1904–AB62 Renewable Energy Production Incentives AGENCY : Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION : Final rule. SUMMARY : The Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy is publishing amendments to its regulations for the Renewable Energy Production Incentives (REPI) program to incorporate changes made by section 202 of the Energy Policy Act of 2005 (EPACT 2005). The REPI program provides for production incentive payments to owners or operators of qualified renewable energy facilities, subject to the availability of appropriations. The statutory changes in these amendments to part 451 relate to allocation of available funds between owners or operators of two categories of qualified facilities, incorporation of additional ownership categories, extension of the eligibility window and program termination date, and expansion of applicable renewable energy technologies. In addition to the changes specified by EPACT 2005, this final rule modifies the method for accrued energy accounting. Other minor changes are made to update the regulations. DATES : This rule is effective on August 14, 2006. FOR FURTHER INFORMATION CONTACT : Daniel Beckley, U.S. Department of Energy, Office of Renewable Energy and Energy Efficiency, EE–2K, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586–7691. SUPPLEMENTARY INFORMATION : I. Background II. Discussion of Comments III. Effective Date IV. Regulatory Review V. Approval of the Office of the Secretary I. Background The Energy Policy Act of 1992, Public Law 102–486, established the REPI program to encourage production of electric energy from facilities owned by a State, a political subdivision of a State, or a non-profit electric cooperative using certain renewable energy resources. Subject to availability of appropriations, DOE was authorized to pay 1.5 cents, adjusted annually for inflation, to facility owners or operators for each kilowatt-hour of electric energy produced by qualified renewable energy facilities. As specified in the statute as originally enacted, the first energy production year was fiscal year 1994 and a ten-year eligibility window was prescribed. Therefore, DOE did not accept applications for the REPI program after September 30, 2003. Qualified facility owners are eligible for payment for ten successive years beginning with the first year for which an energy payment is made. As a result, incentive payments were expected to continue through 2013. DOE has continued to make incentive payments, based on available appropriations, to those applicants whose ten successive years of participation in the program have not expired. Section 202 of EPACT 2005, Public Law 109–58, modifies the REPI program by (a) extending the eligibility window, (b) extending the termination date for the program, (c) increasing the number of renewable energy technologies eligible under the program, (d) broadening the category of qualified owners, and (e) altering the procedure for determining payment distributions if insufficient funds are appropriated to make full incentive payments for all approved applications. On June 26, 2006, DOE proposed revisions to the REPI program regulations at 10 CFR part 451 to implement the EPACT 2005 amendments and to revise provisions that had become outdated since DOE initially implemented the program in 1995 (71 FR 36225). This final rule amends the REPI program regulations as proposed with only minor changes. DOE included a discussion of each proposed amendment in the June 26 notice of proposed rulemaking (NOPR). The most extensive discussion relates to implementation of the statutory 60:40 distribution between the two categories of eligible renewable energy facilities and the method DOE will use to incorporate accrued energy into pro rata calculations when insufficient funds are appropriated to cover all qualified kilowatt-hours. See 71 FR 36227. II. Discussion of Comments DOE received 6 comments in response to the NOPR, summarized as follows. One commenter suggested modifications to the proposed definition of ‘‘ocean.’’ Two utilities currently participating in the REPI program objected to certain features of the proposed revisions to the pro rata calculation method. Two national organizations representing utility interests broadly endorsed the proposed revisions to the program regulations. Lastly, a private party offered comments in support of renewable energy projects, but unrelated to the specifics of the proposed rule. In regard to the definition of ‘‘ocean,’’ DOE proposed a definition because the ocean was made an eligible renewable energy source by EPACT 2005. DOE proposed to define ‘‘ocean’’ to mean the parts of the Atlantic Ocean (including the Gulf of Mexico) and the Pacific Ocean that are contiguous to the United States coastline and from which energy may be derived through application of tides, waves, currents, thermal differences, or other means. The commenter noted that the term ‘‘contiguous,’’ while usually meaning adjacent or touching, also has been used in certain legal descriptions to refer to specific ocean areas and that DOE’s use of the term in its definition could create confusion. The commenter also questioned the use of the term ‘‘parts’’ as potentially adding further confusion and suggested substitution of the term ‘‘waters.’’ DOE agrees with both of these comments and has made modifications to the definition. Having made these changes, DOE has made a corresponding change to the location specification in the section titled ‘‘What is a Qualified Renewable Energy Facility’’ so that it is consistent with the revised ocean definition. The effect of this latter VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46384 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations change is to avoid restricting the location of a renewable energy facility to the territorial sea (0–12 nautical miles) and to allow placement in any part of the ocean over which the U.S. claims jurisdiction. In regard to methods of pro rata calculations, DOE proposed to amend the provisions dealing with incentive payments when there are insufficient funds to make payments for all qualifying energy. Under both the original rule and today’s amended rule, the total qualified electrical energy consists of (1) the energy produced in the most recent year and (2) the accrued energy (which is the qualified energy produced in all preceding years for which payment was not made). To conform to EPACT 2005, DOE proposed to allocate available funds into two categories on a 60:40 basis (as specified at 42 U.S.C. 13317(a)(4)(A)) and to calculate potential payments initially based on the prior year’s energy production and, if funds are not exhausted, secondarily based on accrued energy. Two previously qualified utilities participating in the same wind project disagreed with this modified approach. Both commenters stated that (a) existing participants should be ‘‘grandfathered,’’ i.e., be exempt from the new 60:40 funding allocation and be paid before new entrants assigned to the 60:40 funding groups, and that (b) accrued energy from the former Tier 1 group should continue to be assigned status second only to prior year produced Tier 1 energy and therefore have priority over the new 40 percent (or former Tier 2) group. One of the commenters further asserted that DOE has no mandate to apply the 60:40 funding division ‘‘retroactively’’ to participants who entered under the original rule and has done so on an arbitrary basis. DOE has not made the changes recommended by these commenters. The EPACT 2005 amendments to 42 U.S.C. 13317 provide that when there is insufficient funding to make full incentive payments to all qualified participants, DOE must make payments to two groups of qualified facilities with a 60:40 division of funds. The two groups roughly correspond to the Tier 1 and Tier 2 categories of qualified facilities under the original statute and regulations. EPACT 2005 does not include any provision that allows DOE to continue the program under the original regulations—under which funding of Tier 1 facilities takes precedence over funding of Tier 2 facilities—for previously qualified renewable energy facilities. Although 42 U.S.C. 13317(4)(B) permits the Secretary to alter the 60:40 percentage requirements after submitting the reasons for the alteration to Congress, this provision does not authorize grandfathering of previously qualified facilities under the original rule or the exemption of any group of participants from the 60:40 distribution. Thus, DOE may not ‘‘grandfather’’ a group of recipients that would receive payment under the old rule before payment to the newly required 60:40 participant groups as requested by the commenter. DOE further rejects the argument that the 60:40 division of REPI funds would apply retroactively under this rule. This final rule will apply prospectively to incentive payments made on or after the effective date set forth in this notice of final rulemaking. The issue of accrued energy and its status in the payment priority hierarchy (point (b) in the summary of commenters’ points above) merits further discussion. DOE recognizes that the effect of EPACT 2005 is to shift payout funds from the former Tier 1 group to the former Tier 2 group. As previously explained, DOE’s rule must implement the 60:40 distribution division. DOE also recognizes, as these commenters imply, that the removal of accrued energy from equal status with energy produced in the prior fiscal year has the effect of further reducing the pro rata payment that might otherwise be received by former Tier 1 recipients. The statute (as originally enacted and as amended by EPACT 2005) contemplates an annual appropriation to support an annual payment for annual energy production. Although not expressly required by statute, DOE created an accrued energy account under its program regulations because it recognized that unpaid energy could result from insufficient appropriations, and it viewed payment for accrued energy as permissible under the statute. DOE continues to provide for payments for accrued energy under today’s final rule. However, DOE believes that making payment for accrued energy secondary to annual energy in the determination of pro rata payments is most consistent with the policy choice reflected in the statute as amended by EPACT 2005, and is fairer to all eligible participants. Consequently, DOE has made no changes in the final rule regarding accrued energy calculations. III. Effective Date The Administrative Procedure Act (APA) requires that agencies publish a rule not less than 30 days before the rule will become effective, unless an exception from this requirement applies (5 U.S.C. 553(d)(3)). Under the APA, agencies may bypass this 30-day delay for ‘‘good cause.’’ DOE is invoking the ‘‘good cause’’ exception in this instance and making these regulations effective immediately upon publication. The final rule published today updates but does not substantially change the existing rules for REPI in 10 CFR part 451, except as required by section 202 of EPACT 2005. The established REPI procedures specify an application period of October 1–December 31 (the first 3 months of the Federal fiscal year) for applicants to provide data on REPI energy produced during the prior fiscal year and to request payment for this energy. There are currently applicants awaiting payment out of FY06 funds for energy produced in FY05. However, payment has not yet been made because EPACT 2005 opened the FY06 funding to new applicants. The new applicants are unable to apply until the final rule is published. With a 30-day delay in effectiveness, there would be insufficient time remaining in FY06 for participants to apply for FY06 funds and for DOE to process those applications. In addition, DOE published a NOPR on June 26, 2006, that included notice of a possible August 31 deadline for applications for FY05 payments. Both EPACT 2005 and the NOPR have given potential REPI participants adequate notice to adjust their behavior. Moreover, DOE foresees little, if any, harm done by bypassing the 30-day delay in effectiveness, and only by making the rule effective upon publication can DOE fulfill the statute’s objective of encouraging the production of renewable energy by providing incentive funding to the renewable energy producers. IV. Regulatory Review A. Executive Order 12866 This rule has been determined to not be a ‘‘significant regulatory action’’ under Executive Order 12866, ‘‘Regulatory Planning and Review,’’ 58 FR 51735 (October 4, 1993). Accordingly, this action is not subject to review under that Executive Order by the Office of Information and Regulatory Affairs of the Office of Management and Budget. B. National Environmental Policy Act DOE has determined that this rule is covered under the Categorical Exclusion found in the Department’s National Environmental Policy Act regulations at paragraph A.6 of appendix A to subpart D, 10 CFR part 1021, which applies to rulemakings that are strictly procedural. Accordingly, neither an environmental assessment nor an environmental impact statement is required. VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46385 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations C. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, ‘‘Proper Consideration of Small Entities in Agency Rulemaking,’’ 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process (68 FR 7990). DOE has made its procedures and policies available on the Office of General Counsel’s Web site: http:// www.gc.doe.gov. DOE has reviewed this rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. These amendments revise DOE’s regulations for its program for making production incentive payments to owners or operators of qualified renewable energy facilities, subject to the availability of appropriations. The regulations are procedural in nature and affect only entities that choose to apply for incentive payments under the program. The rule’s procedures will not have a significant economic impact on any class of entities. On the basis of the foregoing, DOE certifies that the rule does not have a significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared a regulatory flexibility analysis for this rulemaking. DOE’s certification and supporting statement of factual basis has been provided to the Chief Counsel for Advocacy of the Small Business Administration pursuant to 5 U.S.C. 605(b). D. Paperwork Reduction Act This rule does not impose any new collection of information subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. E. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) generally requires Federal agencies to examine closely the impacts of regulatory actions on State, local, and tribal governments. Subsection 101(5) of title I of that law defines a Federal intergovernmental mandate to include any regulation that would impose upon State, local, or tribal governments an enforceable duty, except a condition of Federal assistance or a duty arising from participating in a voluntary Federal program. Title II of that law requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and tribal governments, in the aggregate, or to the private sector, other than to the extent such actions merely incorporate requirements specifically set forth in a statute. Section 202 of that title requires a Federal agency to perform a detailed assessment of the anticipated costs and benefits of any rule that includes a Federal mandate which may result in costs to State, local, or tribal governments, or to the private sector, of $100 million or more. Section 204 of that title requires each agency that proposes a rule containing a significant Federal intergovernmental mandate to develop an effective process for obtaining meaningful and timely input from elected officers of State, local, and tribal governments. This rule does not impose a Federal mandate on State, local or tribal governments. The rule does not result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $100 million or more in any one year. Accordingly, no assessment or analysis is required under the Unfunded Mandates Reform Act of 1995. F. Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105–277) requires Federal agencies to issue a Family Policymaking Assessment for any proposed rule that may affect family well being. The proposed rule would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. G. Executive Order 13132 Executive Order 13132, ‘‘Federalism,’’ 64 FR 43255 (August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. DOE has examined this rule and has determined that it would not preempt State law and 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. No further action is required by Executive Order 13132. H. Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, ‘‘Civil Justice Reform,’’ 61 FR 4729 (February 7, 1996), imposes on Executive agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity; (2) write regulations to minimize litigation; and (3) provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect, if any; (2) clearly specifies any effect on existing Federal law or regulation; (3) provides a clear legal standard for affected conduct, while promoting simplification and burden reduction; (4) specifies the retroactive effect, if any; (5) adequately defines key terms; and (6) addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, the rule meets the relevant standards of Executive Order 12988. I. Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB’s guidelines were published at 67 FR 8452 (February 22, 2002), and DOE’s guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed this rule under the OMB and DOE guidelines and has concluded that VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46386 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations it is consistent with applicable policies in those guidelines. J. Executive Order 13211 Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to the OMB, a Statement of Energy Effects for any proposed significant energy action. A ‘‘significant energy action’’ is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that: (1) Is a significant regulatory action under Executive Order 12866, or any successor order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy, or (3) is designated by the Administrator of the Office of Information and Regulatory Affairs (OIRA), as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today’s regulatory action would not have a significant adverse effect on the supply, distribution, or use of energy and is therefore not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. K. Congressional Notification As required by 5 U.S.C. 801, DOE will submit to Congress a report regarding the issuance of today’s final rule prior to the effective date set forth at the outset of this rulemaking. The report will state that it has been determined that the rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 801(2). V. Approval of the Office of the Secretary The Secretary of Energy has approved publication of today’s final rule. List of Subjects in 10 CFR Part 451 Electric utilities, Energy, Power sources, Renewable energy. Issued in Washington, DC, on August 8, 2006. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons set forth in the preamble, part 451 of title 10, chapter II of the Code of Federal Regulations, is amended as follows: PART 451—RENEWABLE ENERGY PRODUCTION INCENTIVES
1. The authority citation for part 451 is revised to read as follows: Authority: 42 U.S.C. 7101, et seq.; 42 U.S.C. 13317.
2. Section 451.1(a) is revised to read as follows: § 451.1 Purpose and scope. (a) The provisions of this part cover the policies and procedures applicable to the determinations by the Department of Energy (DOE) to make incentive payments, under the authority of 42 U.S.C. 13317, for electric energy generated and sold by a qualified renewable energy facility owned by a State or political subdivision thereof; a not-for-profit electric cooperative; a public utility described in section 115 of the Internal Revenue Code of 1986; an Indian tribal government or subdivision thereof; or a Native corporation. * * * * *
3. Section 451.2 is amended by:
a. Adding in alphabetical order definitions of ‘‘Biomass,’’ ‘‘Date of first use,’’ ‘‘Indian tribal government,’’ ‘‘Native corporation,’’ ‘‘Not-for-profit electrical cooperative,’’ and ‘‘Ocean’’.
b. Revising the definitions of ‘‘Closed loop biomass,’’ ‘‘Deciding Official,’’ ‘‘Renewable energy source’’ and ‘‘State.’’
c. Removing the definition of ‘‘Nonprofit electrical cooperative.’’ The revisions and additions read as follows: § 451.2 Definitions. * * * * * Biomass means biologically generated energy sources such as heat derived from combustion of plant matter, or from combustion of gases or liquids derived from plant matter, animal wastes, or sewage, or from combustion of gases derived from landfills, or hydrogen derived from these same sources. Closed-loop biomass means any organic material from a plant which is planted exclusively for purposes of being used at a qualified renewable energy facility to generate electricity. Date of first use means, at the option of the facility owner, the date of the first kilowatt-hour sale, the date of completion of facility equipment testing, or the date when all approved permits required for facility construction are received. Deciding Official means the Manager of the Golden Field Office of the Department of Energy (or any DOE official to whom the authority of the Manager of the Golden Field Office may be redelegated by the Secretary of Energy). * * * * * Indian tribal government means the governing body of an Indian tribe as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). Native corporation has the meaning set forth in the Alaska Native Claims Settlement Act (25 U.S.C. 1602). * * * * * Not-for-profit electrical cooperative means a cooperative association that is legally obligated to operate on a not-for- profit basis and is organized under the laws of any State for the purpose of providing electric service to its members. Ocean means the waters of the Atlantic Ocean (including the Gulf of Mexico) and the Pacific Ocean within the jurisdiction of the United States from which energy may be derived through application of tides, waves, currents, thermal differences, or other means. * * * * * Renewable energy source means solar heat, solar light, wind, ocean, geothermal heat, and biomass, except for— (1) Heat from the burning of municipal solid waste; or (2) Heat from a dry steam geothermal reservoir which— (i) Has no mobile liquid in its natural state; (ii) Is a fluid composed of at least 95 percent water vapor; and (iii) Has an enthalpy for the total produced fluid greater than or equal to 2.791 megajoules per kilogram (1200 British thermal units per pound). State means the District of Columbia, Puerto Rico, and any of the States, Commonwealths, territories, and possessions of the United States.
4. Section 451.4 is amended by:
a. Revising paragraphs (a)(2) and (a)(3) and adding new paragraphs (a)(4) and (a)(5).
b. Revising paragraph (e).
c. Adding the word ‘‘ocean’’ after the word ‘‘wind’’ in paragraphs (f)(1) and (f)(2).
d. Adding the words ‘‘or in U.S. jurisdictional waters’’ after the word ‘‘State’’ in paragraph (g). The revisions and additions read as follows: § 451.4 What is a qualified renewable energy facility. * * * * * (a) * * * (2) A public utility described in section 115 of the Internal Revenue Code of 1986; VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46387 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations (3) A not-for-profit electrical cooperative; (4) An Indian tribal government or subdivision thereof; or (5) A Native corporation. * * * * * (e) Time of first use. The date of the first use of a newly constructed renewable energy facility, or a facility covered by paragraph (f) of this section, must occur during the inclusive period beginning October 1, 1993, and ending on September 30, 2016. For facilities whose date of first use occurred in the period October 1, 2003, through September 30, 2004, the time of first use shall be deemed to be October 1, 2004. * * * * *
5. Section 451.5 is amended by revising paragraphs (b)(1) and (b)(2) to read as follows: § 451.5 Where and when to apply. * * * * * (b) * * * (1) An application for an incentive payment for electric energy generated and sold in a fiscal year must be filed during the first quarter (October 1 through December 31) of the next fiscal year, except as provided in paragraph (b)(2) of this section. (2) For facilities whose date of first use occurred in the period October 1, 2003, through September 30, 2005, applications for incentive payments for electric energy generated and sold in fiscal year 2005 must be filed by August 31, 2006. * * * * * § 451.6 [Amended]
6. Section 451.6 is amended by adding the word ‘‘consecutive’’ before the words ‘‘fiscal years’’ in the first sentence, and in the last sentence, by removing the date ‘‘2013’’ and adding in its place the date ‘‘2026’’.
7. Section 451.8 is amended by:
a. Removing the comma after the word ‘‘owner,’’ where it is first used in paragraph (a).
b. Removing paragraph (h) and redesignating (i) as paragraph (h).
c. Revising redesignated paragraph (h).
d. Adding a new paragraph (i).
e. Revising paragraph (j).
f. Removing the word ‘‘nonprofit’’ and adding in its place the term ‘‘not-for- profit’’ in paragraph (m). The revisions and additions read as follows: § 451.8 Application content requirements. * * * * * (h) The total amount of electric energy for which payment is requested, including the net electric energy generated in the prior fiscal year, as determined according to paragraph (f) or (g) of this section; (i) Copies of permit authorizations if the date of first use is based on permit approvals and this is the initial application; (j) Instructions for payment by electronic funds transfer; * * * * *
8. Section 451.9 is amended by revising paragraphs (c), (d), and (e) to read as follows: § 451.9 Procedures for processing applications. * * * * * (c) DOE determinations. The Assistant Secretary for Energy Efficiency and Renewable Energy shall determine the extent to which appropriated funds are available to be obligated under this program for each fiscal year. Upon evaluating each application and any other relevant information, DOE shall further determine: (1) Eligibility of the applicant for receipt of an incentive payment, based on the criteria for eligibility specified in this part; (2) The number of kilowatt-hours to be used in calculating a potential incentive payment, based on the net electric energy generated from a qualified renewable energy source at the qualified renewable energy facility and sold during the prior fiscal year; (3) The number of kilowatt-hours to be used in calculating a potential additional incentive payment, based on the total quantity of accrued energy generated during prior fiscal years; (4) The amounts represented by 60 percent of available funds and by 40 percent of available funds; and (5) Whether justification exists for altering the 60:40 payment ratio specified in paragraph (e) of this section. If DOE intends to modify the 60:40 ratio, the Department shall notify Congress, setting forth reasons for such change. (d) Calculating payments. Subject to the provisions of paragraph (e) of this section, potential incentive payments under this part shall be determined by multiplying the number of kilowatt- hours determined under § 451.9(c)(2) by 1.5 cents per kilowatt-hour, and adjusting that product for inflation for each fiscal year beginning after calendar year 1993 in the same manner as provided in section 29(d)(2)(B) of the Internal Revenue Code of 1986, except that in applying such provisions calendar year 1993 shall be substituted for calendar year 1979. Using the same procedure, a potential additional payment shall be determined for the number of kilowatt-hours determined under paragraph (c)(3) of this section. If the sum of these calculated payments does not exceed the funds determined to be available by the Assistant Secretary for Energy Efficiency and Renewable Energy under § 451.9(c), DOE shall make payments to all qualified applicants. (e) Insufficient funds. If funds are not sufficient to make full incentive payments to all qualified applicants, DOE shall— (1) Calculate potential incentive payments, if necessary on a pro rata basis, not to exceed 60 percent of available funds to owners or operators of qualified renewable energy facilities using solar, wind, ocean, geothermal, and closed-loop biomass technologies based on prior year energy generation; (2) Calculate potential incentive payments, if necessary on a pro rata basis, not to exceed 40 percent of available funds to owners or operators of all other qualified renewable energy facilities based on prior year energy generation; (3) If the amounts calculated in paragraph (e)(1) and (2) of this section result in one owner group with insufficient funds and one with excess funds, allocate excess funds to the owner group with insufficient funds and calculate additional incentive payments, on a pro rata basis if necessary, to such owners or operators based on prior year energy generation. (4) If potential payments calculated in paragraphs (e)(1), (2), and (3) of this section do not exceed available funding, allocate 60% of remaining funds to paragraph (e)(1) recipients and 40% to paragraph (e)(2) recipients and calculate additional incentive payments, if necessary on a pro rata basis, to owners or operators based on accrued energy; (5) If the amounts calculated in paragraph (e)(4) of this section result in one owner group with insufficient funds and one with excess funds, allocate excess funds to the owner group with insufficient funds and calculate additional incentive payments, on a pro rata basis if necessary, to such owners or operators based on accrued energy. (6) Notify Congress if potential payments resulting from paragraphs (e)(3) or (5) of this section above will result in alteration of the 60:40 payment ratio; (7) Make incentive payments based on the sum of the amounts determined in paragraphs (e)(1) through (5) of this section for each applicant; (8) Treat the number of kilowatt-hours for which an incentive payment is not made as a result of insufficient funds as VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46388 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations accrued energy for which future incentive payment may be made; and (9) Maintain a record of each applicant’s accrued energy. * * * * * [FR Doc. 06–6925 Filed 8–10–06; 1:20 pm] BILLING CODE 6450–01–P FEDERAL RESERVE SYSTEM 12 CFR Part 226 [Regulation Z; Docket No. R–1263] Truth in Lending AGENCY : Board of Governors of the Federal Reserve System. ACTION : Final rule; staff commentary. SUMMARY : The Board is publishing a final rule amending the staff commentary that interprets the requirements of Regulation Z (Truth in Lending). The Board is required to adjust annually the dollar amount that triggers requirements for certain home mortgage loans bearing fees above a certain amount. The Home Ownership and Equity Protection Act of 1994 (HOEPA) sets forth rules for home– secured loans in which the total points and fees payable by the consumer at or before loan consummation exceed the greater of $400 or 8 percent of the total loan amount. In keeping with the statute, the Board has annually adjusted the $400 amount based on the annual percentage change reflected in the Consumer Price Index that is in effect on June 1. The adjusted dollar amount for 2007 is $547. DATES : January 1, 2007. FOR FURTHER INFORMATION CONTACT : Minh–Duc T. Le, Senior Attorney, Division of Consumer and Community Affairs, Board of Governors of the Federal Reserve System, at (202) 452– 3667. For the users of Telecommunications Device for the Deaf (‘‘TDD’’) only, contact (202) 263–4869. SUPPLEMENTARY INFORMATION : I. Background The Truth in Lending Act (TILA; 15 U.S.C. 1601 – 1666j) requires creditors to disclose credit terms and the cost of consumer credit as an annual percentage rate. The act requires additional disclosures for loans secured by a consumer’s home, and permits consumers to cancel certain transactions that involve their principal dwelling. TILA is implemented by the Board’s Regulation Z (12 CFR part 226). The Board’s official staff commentary (12 CFR part 226 (Supp. I)) interprets the regulation, and provides guidance to creditors in applying the regulation to specific transactions. In 1995, the Board published amendments to Regulation Z implementing HOEPA, contained in the Riegle Community Development and Regulatory Improvement Act of 1994, Pub. L. 103–325, 108 Stat. 2160 (60 FR 15463). These amendments, contained in §§ 226.32 and 226.34 of the regulation, impose substantive limitations and additional disclosure requirements on certain closed–end home mortgage loans bearing rates or fees above a certain percentage or amount. As enacted, the statute requires creditors to comply with the HOEPA rules if the total points and fees payable by the consumer at or before loan consummation exceed the greater of $400 or 8 percent of the total loan amount. TILA and Regulation Z provide that the $400 figure shall be adjusted annually on January 1 by the annual percentage change in the Consumer Price Index (CPI) that was reported on the preceding June 1. (15 U.S.C. 1602(aa)(3) and 12 CFR 226.32(a)(1)(ii)). The Board adjusted the $400 amount to $528 for the year 2006. The Bureau of Labor Statistics publishes consumer–based indices monthly, but does not ‘‘report’’ a CPI change on June 1; adjustments are reported in the middle of each month. The Board uses the CPI–U index, which is based on all urban consumers and represents approximately 87 percent of the U.S. population, as the index for adjusting the $400 dollar figure. The adjustment to the CPI–U index reported by the Bureau of Labor Statistics on May 15, 2006, was the CPI–U index ‘‘in effect’’ on June 1, and reflects the percentage increase from April 2005 to April 2006. The adjustment to the $400 figure below reflects a 3.55 percent increase in the CPI–U index for this period and is rounded to whole dollars for ease of compliance. II. Adjustment and Commentary Revision Effective January 1, 2007, for purposes of determining whether a home mortgage transaction is covered by 12 CFR 226.32 (based on the total points and fees payable by the consumer at or before loan consummation), a loan is covered if the points and fees exceed the greater of $ 547 or 8 percent of the total loan amount. Comment 32(a)(1)(ii)–2, which lists the adjustments for each year, is amended to reflect the dollar adjustment for 2007. Because the timing and method of the adjustment is set by statute, the Board finds that notice and public comment on the change are unnecessary. III. Regulatory Flexibility Analysis The Board certifies that this amendment will not have a substantial effect on regulated entities because the only change is to raise the threshold for transactions requiring HOEPA disclosures. List of Subjects 12 CFR Part 226 Advertising, Federal Reserve System, Mortgages, Reporting and recordkeeping requirements, Truth in lending.
For the reasons set forth in the preamble, the Board amends Regulation Z, 12 CFR part 226, as set forth below: PART 226—TRUTH IN LENDING (REGULATION Z)
1. The authority citation for part 226 continues to read as follows: Authority: 12 U.S.C. 3806; 15 U.S.C. 1604 and 1637(c)(5).
2. In Supplement I to Part 226, under Section 226.32–––Requirements for Certain Closed–End Home Mortgages, under Paragraph 32(a)(1)(ii), paragraph 2. xii. is added. SUPPLEMENT I TO PART 226– OFFICIAL STAFF INTERPRETATIONS * * * * * SUBPART E–SPECIAL RULES FOR CERTAIN HOME MORTGAGE TRANSACTIONS * * * * * Section 226.32–Requirements for Certain Closed–End Home Mortgages 32(a) Coverage * * * * * Paragraph 32(a)(1)(ii) * * * * * 2. Annual adjustment of $400 amount. * * * * * xii. For 2007, $547, reflecting a 3.55 percent increase in the CPI–U from June 2005 to June 2006, rounded to the nearest whole dollar. * * * * * By order of the Board of Governors of the Federal Reserve System, acting through the Director of the Division of Consumer and Community Affairs under delegated authority, August 9, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6–13281 Filed 8–11–06; 8:45 am] BILLING CODE 6210–01–S VerDate Aug<31>2005 16:53 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46389 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–24954; Directorate Identifier 2006–CE–30–AD; Amendment 39– 14713; AD 2006–16–13] RIN 2120–AA64 Airworthiness Directives; Pilatus Aircraft Ltd. Models PC–12 and PC–12/ 45 Airplanes AGENCY : Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION : Final rule. SUMMARY : We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES : This AD becomes effective September 18, 2006. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 18, 2006. ADDRESSES : You may examine the AD docket on the Internet at http:// dms.dot.gov or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC. FOR FURTHER INFORMATION CONTACT : Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri, 64106; telephone: (816) 329– 4059; facsimile: (816) 329–4090 SUPPLEMENTARY INFORMATION : Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. The NPRM was published in theFederal Register on June 22, 2006 (71 FR 35843). The NPRM proposed to require a one- time inspection of the Frame 21 (FR21) adjacent to the wing upper-attachment lugs, left and right, and a repair if necessary. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable in a U.S. court of law. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements, if any, take precedence over the actions copied from the MCAI. Costs of Compliance Based on the service information, we estimate that this AD will affect about 394 products of U.S. registry. We also estimate that it will take about 5 work- hours per product to do the action and that the average labor rate is $80 per work-hour. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD on U.S. operators to be $157,600, 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 AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at http://dms.dot.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647– 5227) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new AD: VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46390 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations 2006–16–13 PILATUS AIRCRAFT LTD: Amendment 39–14713; Docket No. FAA–2006–24954; Directorate Identifier 2006–CE–30–AD. Effective Date (a) This airworthiness directive (AD) becomes effective September 18, 2006. Affected ADs (b) None. Applicability (c) This AD applies to Models PC–12 and PC–12/45 airplanes; manufacturer serial numbers 101 through 617 inclusive, certificated in any U.S. category. Reason (d) The mandatory continuing airworthiness information (MCAI) states that the aircraft manufacturer has identified drill damage on some Frame 21 (FR21) lug fittings on the production line and during a number of midlife wing lug inspections. It is thought that the damage found on the FR21 lug fittings occurred during assembly of the airplane. Depending on the size and location of the possible damage, if not corrected, the fatigue life of the wing attachment lugs on FR21 may be affected. The MCAI requires a one-time inspection of the FR21 adjacent to the wing upper-attachment lugs, left and right, and a repair if necessary. Actions and Compliance (e) Unless already done, do the following except as stated in paragraph (f) below. (1) Within the next 100 hours time-in- service (TIS) after September 15, 2006 (the effective date of this AD), perform an inspection of FR21 in the area of the outer sidewall frame attachment lug forward and aft side faces, left and right, to determine if there is any damage that may have been made with a drill. Follow Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53–004, dated February 10, 2006. (2) Within the next 100 hours TIS after September 18, 2006 (the effective date of this AD), perform an inspection of FR21 in the area of the top surface of the wing upper- attachment lugs, left and right, to determine if there is any damage that may have been made with a drill. Follow Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53–004, dated February 10, 2006. (3) If during the inspection required by paragraph (e)(1) of this AD any damage less than 0.1 mm (0.0040 inch) on any FR21 is found, prior to further flight, repair the damaged FR21 in accordance with Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53– 004, dated February 10, 2006. (4) If during the inspection required in paragraph (e)(1) of this AD any damage equal to or greater than 0.1 mm (0.0040 inch) on any FR21 is found, prior to further flight contact Pilatus Aircraft Ltd. for an FAA- approved repair solution and incorporate the repair. (5) If during the inspection required by paragraph (e)(2) of this AD any damage less than 1 mm (0.040 inch) depth on any FR21 wing attachment lug top surface is found, prior to further flight, repair the damaged FR21 in accordance with Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53–004, dated February 10, 2006. (6) If during the inspection required by paragraph (e)(2) of this AD any damage equal to or greater than 1 mm (0.040 inch) depth on any FR21 wing attachment lug top surface is found, prior to further flight contact Pilatus Aircraft Ltd. for an FAA-approved repair solution and incorporate the repair. FAA AD Differences (f) None. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Staff, FAA, ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri, 64106; telephone: (816) 329–4059; facsimile: (816) 329–4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. (2) Return to Airworthiness: When complying with this AD, perform FAA- approved corrective actions before returning the product to an airworthy condition. (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) This AD is related to Federal Office for Civil Aviation AD HB–2006–223, effective date April 20, 2006, which references Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53– 004, dated February 10, 2006. Material Incorporated by Reference (i) You must use Pilatus Aircraft Ltd. PC12 Service Bulletin No. 53–004, dated February 10, 2006, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in this AD, contact the Pilatus Aircraft Ltd., Customer Support Manager, CH–6371 STANS, Switzerland; telephone: 41 41 619 6208; facsimile: +41 41 619 7311; email: SupportPC12@pilatus-aircraft.com. (3) You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal-register/ cfr/ibr-locations.html. Issued in Kansas City, Missouri, on August 4, 2006. John R. Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–13016 Filed 8–11–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–21242; Directorate Identifier 2005–NE–09–AD; Amendment 39– 14721; AD 2006–02–08R1] RIN 2120–AA64 Airworthiness Directives; Turbomeca Arriel 1B, 1D, 1D1, and 1S1 Turboshaft Engines AGENCY : Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION : Final rule. SUMMARY : The FAA is revising an existing airworthiness directive (AD) for certain Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. That AD currently requires initial and repetitive position checks of the gas generator 2nd stage turbine blades on all Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. That AD also currently requires initial and repetitive replacements of 2nd stage turbines on 1B, 1D, and 1D1 engines only. This AD revision requires the same actions, but would relax the compliance times for initially replacing 2nd stage turbines in Arriel 1B, 1D, and 1D1 turboshaft engines. We are issuing this AD revision to clarify and relax the AD compliance times for 2nd stage turbine initial replacement on Arriel 1B, 1D, and 1D1 turboshaft engines. We are also issuing this AD revision to prevent in-flight engine shutdown and subsequent forced autorotation landing or accident. DATES : This AD becomes effective September 13, 2006. The Director of the Federal Register previously approved the incorporation by reference of certain publications listed in the regulations as of February 28, 2006 (71 FR 3754, January 24, 2006). ADDRESSES : You can get the service information identified in this AD from Turbomeca, 40220 Tarnos, France; telephone +33 05 59 74 40 00, fax +33 05 59 74 45 15. You may examine the AD docket on the Internet at http://dms.dot.gov or in Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC. FOR FURTHER INFORMATION CONTACT : Christopher Spinney, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; telephone (781) 238–7175, fax (781) 238–7199. VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46391 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations SUPPLEMENTARY INFORMATION : The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD revision applies to certain Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. We published the proposed AD revision in the Federal Register on April 17, 2006 (71 FR 3754). That action proposed to require initial and repetitive position checks of the gas generator 2nd stage turbine blades on all Turbomeca Arriel 1B, 1D, 1D1, and 1S1 turboshaft engines. That action also proposed to require initial and repetitive replacements of 2nd stage turbines on 1B, 1D, and 1D1 engines only, but proposed to relax the compliance times for initially replacing 2nd stage turbines in Arriel 1B, 1D, and 1D1 turboshaft engines. Examining the AD Docket You may examine the docket that contains the AD, any comments received, and any final disposition in person at the Docket Management Facility Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone (800) 647–5227) is located on the plaza level of the Department of Transportation Nassif Building at the street address stated in ADDRESSES. Comments will be available in the AD docket shortly after the DMS receives them. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance We estimate that this AD revision would affect 721 engines installed on helicopters of U.S. registry. We also estimate that it will take about 2 work- hours per engine to inspect all 721 engines and 40 work-hours per engine to replace about 571 2nd stage turbines on 1B and 1D1 engines, and that the average labor rate is $80 per work-hour. Required parts will cost about $3,200 per engine. Based on these figures, we estimate the total cost of the AD revision to U.S. operators to be $4,249,760. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended]
2. The FAA amends § 39.13 by removing Amendment 39–14460 (71 FR 3754, January 24, 2006), and by adding a new airworthiness directive, Amendment 39–14721, to read as follows: 2006–02–08R1 Turbomeca: Amendment 39–14721. Docket No. FAA–2005–21242; Directorate Identifier 2005–NE–09–AD. Effective Date (a) This airworthiness directive (AD) becomes effective September 13, 2006. Affected ADs (b) This AD revises AD 2006–02–08, Amendment 39–14460. Applicability (c) This AD revision applies to Turbomeca Arriel 1B engines fitted with 2nd stage turbine modification TU 148, and Arriel 1D, 1D1, and 1S1 engines. Arriel 1B engines are installed on, but not limited to, Eurocopter France AS–350B and AS–350A ‘‘Ecureuil’’ helicopters. Arriel 1D engines are installed on, but not limited to, Eurocopter France AS– 350B1 ‘‘Ecureuil’’ helicopters. Arriel 1D1 engines are installed on, but not limited to, Eurocopter France AS–350B2 ‘‘Ecureuil’’ helicopters. Arriel 1S1 engines are installed on, but not limited to, Sikorsky Aircraft S– 76A and S–76C helicopters. Unsafe Condition (d) This AD revision results from a request by Turbomeca to clarify the compliance times for 2nd stage turbine initial replacement on Arriel 1B, 1D, and 1D1 turboshaft engines. We are issuing this AD revision to clarify and relax the AD compliance times for 2nd stage turbine initial replacement on Arriel 1B, 1D, and 1D1 turboshaft engines. We are also issuing this AD revision to prevent in-flight engine shutdown and subsequent forced autorotation landing or accident. Compliance (e) You are responsible for having the actions required by this AD revision performed within the compliance times specified unless the actions have already been done. Initial Relative Position Check of 2nd Stage Turbine Blades (f) Do an initial relative position check of the 2nd stage turbine blades using the Turbomeca mandatory alert service bulletins (ASBs) specified in the following Table 1. Do the check before reaching any of the intervals specified in Table 1 or within 50 hours time- in-service after the effective date of this AD, whichever occurs later. VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46392 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations TABLE 1.—INITIAL AND REPETITIVE RELATIVE POSITION CHECK INTERVALS OF 2ND STAGE TURBINE BLADE Turbomeca engine model Initial relative position check interval Repetitive interval Mandatory alert service bulletin Arriel 1B (modified per TU 148). Within 1,200 hours time-since-new (TSN) or time- since-overhaul (TSO) or 3,500 cycles-since-new (CSN) or cycles-since-overhaul (CSO), whichever occurs earlier. Within 200 hours time-in- service-since-last-rel- ative-position-check (TSLRPC). A292 72 0807, dated March 24, 2004. Arriel 1D1 and Arriel 1D ...... Within 1,200 hours TSN or TSO or 3,500 hours CSN or CSO, whichever occurs earlier. Within 150 hours TSLRPC. A292 72 0809, Update No. 1, dated October 4, 2005. Arriel 1S1 ............................. Within 1,200 hours TSN or TSO or 3,500 hours CSN or CSO, whichever occurs earlier. Within 150 hours TSLRPC A292 72 0810, dated March 24, 2004. Repetitive Relative Position Check of 2nd Stage Turbine Blades (g) Recheck the relative position of 2nd stage turbine blades at the TSLRPC intervals specified in Table 1 of this AD, using the mandatory ASBs indicated. Credit for Previous Relative Position Checks (h) Relative position checks of 2nd stage turbine blades done using Turbomeca Service Bulletin A292 72 0263, Update 1, 2, 3, or 4, may be used to show compliance with the initial requirements of paragraph (f) of this AD. Initial Replacement of 2nd Stage Turbines on Arriel 1B, 1D, and 1D1 Engines (i) Initially replace the 2nd stage turbine with a new or overhauled 2nd stage turbine as follows: (1) On or before August 31, 2006, replace the 2nd stage turbine with a new or overhauled 2nd stage turbine: (i) As soon as practicable after accumulating 1,500 hours TSN or TSO for Arriel 1D and 1D1 engines. (ii) As soon as practicable after accumulating 2,200 hours TSN or TSO for Arriel 1B engines. (2) After August 31, 2006, replace the 2nd stage turbine with a new or overhauled 2nd stage turbine: (i) Before accumulating 1,500 hours TSN or TSO for Arriel 1D and 1D1 engines. (ii) Before accumulating 2,200 hours TSN or TSO for Arriel 1B engines. Repetitive Replacements of 2nd Stage Turbines on Arriel 1B, 1D, and 1D1 Engines (j) Thereafter, replace the 2nd stage turbine with a new or overhauled 2nd stage turbine within every 1,500 hours TSN or TSO for Arriel 1D and 1D1 engines, and within every 2,200 hours TSN or TSO for Arriel 1B engines. Criteria for Overhauled 2nd Stage Turbines (k) Do the following to overhauled 2nd stage turbines, referenced in paragraphs (i) and (j) of this AD: (1) You must install new blades in the 2nd stage turbines of overhauled Arriel 1D and 1D1 engines. (2) You may install either overhauled or new blades in the 2nd stage turbines of overhauled Arriel 1B engines. Relative Position Check Continuing Compliance Requirements (l) All 2nd stage turbines, including those that are new or overhauled, must continue to comply with relative position check requirements of paragraphs (f) and (j) of this AD. Alternative Methods of Compliance (m) The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information (n) DGAC airworthiness directive F–2004– 047 R1, dated October 26, 2005, also addresses the subject of this AD. Material Incorporated by Reference (o) You must use the service information specified in Table 2 of this AD to perform the actions required by this AD. The Director of the Federal Register previously approved the incorporation by reference of the documents listed in Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51, as of February 28, 2006 (71 FR 3754, January 24, 2006). Contact Turbomeca, 40220 Tarnos, France; telephone +33 05 59 74 40 00, fax +33 05 59 74 45 15, for a copy of this service information. You may review copies at the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590–0001, on the Internet at http://dms.dot.gov, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal- register/cfr/ibr-locations.html. TABLE 2.—INCORPORATION BY REFERENCE Turbomeca mandatory alert service bulletin no. Page Update number Date A292 72 0807 .................................................................................. ALL ............................................. Original ............. March 24, 2004. Total Pages: 17 A292 72 0809 .................................................................................. ALL ............................................. 1 ....................... October 4, 2005. Total Pages: 18 A292 72 0810 .................................................................................. ALL ............................................. Original ............. March 24, 2004. Total Pages: 14 VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46393 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations Issued in Burlington, Massachusetts, on August 8, 2006. Francis A. Favara, Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E6–13249 Filed 8–11–06; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2006–24255; Directorate Identifier 2006–CE–25–AD; Amendment 39– 14720; AD 2006–16–20] RIN 2120–AA64 Airworthiness Directives; DG Flugzeugbau GmbH Model DG–1000S Sailplanes AGENCY : Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION : Final rule. SUMMARY : We are adopting a new airworthiness directive (AD) for all DG Flugzeugbau GmbH Model DG–1000S sailplanes. This AD requires you to modify the elevator control at the stabilizer assembly, replace a placard on the fin, and incorporate changes in the FAA-approved sailplane flight manual (SFM). This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this AD to prevent the rigging of the horizontal stabilizer without properly connecting the elevator, which, if not prevented, could lead to an inoperative elevator. An inoperative elevator could lead to loss of control of the sailplane. DATES : This AD becomes effective on September 18, 2006. As of September 18, 2006, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES : For service information identified in this AD, contact DG- Flugzeugbau, Postbox 41 20, D–76625 Bruchsal, Federal Republic of Germany; telephone: ++49 7257 890; facsimile: ++45 7257 8922; e-mail: http://www.dg- flugzeugbau.de. To view the AD docket, go to the Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 001 or on the Internet at http:// dms.dot.gov. The docket number is FAA–2006–24255; Directorate Identifier 2006–CE–25–AD. FOR FURTHER INFORMATION CONTACT : Gregory Davison, Glider Project Manager, ACE–112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4130; facsimile: (816) 329– 4090. SUPPLEMENTARY INFORMATION : Discussion On May 9, 2006, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all DG Flugzeugbau GmbH Model DG–1000S sailplanes. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on May 16, 2006 (71 FR 28287). The NPRM proposed to require you to modify the elevator control at the stabilizer assembly, replace a placard on the fin, and incorporate changes in the FAA- approved SFM. Comments We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 8 sailplanes in the U.S. registry. We estimate the following costs to do the modification and replacement of the placard on the fin: Labor cost Parts cost Total cost per sailplane Total cost on U.S. operators 2 work-hours × $80 per hour = $160 ............................................................................. $60 $220 8 × $220 = $1,760 We estimate the following costs to do the incorporation of changes in the FAA-approved SFM: Labor cost Parts cost Total cost per sailplane Total cost on U.S. operators 1 work-hour × $80 per hour = $80 ........................................................................ Not applicable ....... $80 8 × $80 = $640 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this AD. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46394 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include ‘‘Docket No. FAA–2006–24255; Directorate Identifier 2006–CE–25–AD’’ in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment
Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended]
2. FAA amends § 39.13 by adding the following new AD: 2006–16–20 DG Flugzeugbau GMBH: Amendment 39–14720; Docket No. FAA–2006–24255; Directorate Identifier 2006–CE–25–AD. Effective Date (a) This AD becomes effective on September 18, 2006. Affected ADs (b) None. Applicability (c) This AD affects all Model DG–1000S sailplanes, all serial numbers, that are certificated in any category. Unsafe Condition (d) This AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Germany. We are issuing this AD to prevent the rigging of the horizontal stabilizer without properly connecting the elevator, which, if not prevented, could lead to an inoperative elevator. An inoperative elevator could lead to loss of control of the sailplane. Compliance (e) To address this problem, you must do the following: Actions Compliance Procedures (1) Modify the elevator control at the stabilizer assembly as follows: (i) Replace the rod-end, part number (P/N) 5St94 (or FAA-approved equivalent P/N), with a rod-end 5St94 modified to P/N 10St97/ 1 (or an FAA-approved equivalent P/N);. (ii) Install deflector part number 10St97/2 (or an FAA-approved equivalent P/N); and. (iii) Replace the placard on the fin. .................... Within the next 25 hours time-in-service (TIS) after September 18, 2006 (the effective date of this AD). Follow DG Flugzeugbau GmbH Technical Note No. 413/3, dated April 28, 2004. (2) The parts that this AD requires to be re- placed as well as those to be installed could have replacement parts approved under 14 CFR 21.303. Any such parts approved per this regulation and installed are subject to the actions of this AD. In addition, nothing in this AD prevents the installation of such alter- natively approved parts provided they meet current airworthiness standards including those actions cited in this AD. Not Applicable .................................................. Not Applicable. (3) Incorporate changes in the FAA-approved sailplane flight manual, as specified in para- graph 6a) of the Instructions section of DG Flugzeugbau GmbH Technical Note No. 413/ 3, dated April 28, 2004. Within the next 25 hours TIS after the effec- tive date of this AD. The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may do the flight manual change requirement of this AD. Make an entry in the aircraft records showing compli- ance with this portion of the AD following section 43.9 of the Federal Aviation Regula- tions (14 CFR 43.9). (4) Do not install any rod end P/N 5St94 (or FAA-approved equivalent P/N) unless it is modified to DG Flugzeugbau GmbH rod-end P/N 10St97/1 (or FAA-approved equivalent P/ N). As of September 18, 2006 (the effective date of this AD). Not Applicable. Alternative Methods of Compliance (AMOCs) (f) The Manager, Standards Office, Small Airplane Directorate, FAA, ATTN: Gregory Davison, Glider Project Manager, ACE–112, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4130; facsimile: (816) 329–4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Related Information (g) German AD Number D–2004–300, dated June 15, 2004, also addresses the subject of this AD. Material Incorporated by Reference (h) You must do the actions required by this AD following the instructions in DG Flugzeugbau GmbH Technical Note No. 413/ 3, dated April 28, 2004. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR VerDate Aug<31>2005 16:19 Aug 11, 2006 Jkt 208001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1 jlentini on PROD1PC65 with RULES 46395 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations part 51. To get a copy of this service information, contact DG-Flugzeugbau, Postbox 41 20, D–76625 Bruchsal, Federal Republic of Germany; telephone: ++49 7257 890; facsimile: ++45 7257 8922; e-mail: http://www.dg-flugzeugbau.de. To review copies of this service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ ibr_locations.html or