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Federal Register / Vol. 71, No.

103 / Tuesday, May 30, 2006 / Rules and Regulations 30577

published a direct final rule amending January 1, 2006, on page 312, in Seventh Street, SW., Nassif Building,
its regulations in 10 CFR part 72 to § 23.1511, remove paragraphs (a)(2)(i) Room PL–401, Washington, DC 20590.
revise the BNG Fuel Solutions VSC–24 and (a)(2)(ii). • Fax: (202) 493–2251.
cask system listing within the ‘‘List of [FR Doc. 06–55518 Filed 5–26–06; 8:45 am] • Hand Delivery: Room PL–401 on
Approved Spent Fuel Storage Casks’’ to BILLING CODE 1505–01–D the plaza level of the Nassif
include Amendment No. 6 to CoC No. Building, 400 Seventh Street, SW.,
1007. This amendment revises the Washington, DC, between 9 a.m. and 5
Technical Specifications related to DEPARTMENT OF TRANSPORTATION p.m., Monday through Friday, except
periodic monitoring during storage Federal holidays.
operations and updates editorial Federal Aviation Administration FOR FURTHER INFORMATION CONTACT:
changes associated with the company Todd Thompson, Aerospace Engineer,
name change from BNFL Fuel Solutions 14 CFR Part 39 International Branch, ANM–116, FAA,
Corporation to BNG Fuel Solutions [Docket No. FAA–2006–24897; Directorate Transport Airplane Directorate, 1601
Corporation. In the direct final rule, Identifier 2006–NM–111–AD; Amendment Lind Avenue, SW., Renton, Washington
NRC stated that if no significant adverse 39–14619; AD 2006–11–15] 98055–4056; telephone (425) 227-1175;
comments were received, the direct fax (425) 227–1149.
final rule would become final on June RIN 2120–AA64
SUPPLEMENTARY INFORMATION:
5, 2006. The NRC did not receive any
Airworthiness Directives; Empresa
comments that warranted withdrawal of Discussion
Brasileira de Aeronautica S.A.
the direct final rule. Therefore, this rule
(EMBRAER) Model ERJ 170–100 LR, The Departamento de Aviacao Civil
will become effective as scheduled.
–100 STD, –100 SE, and –100 SU (DAC), which is the airworthiness
Dated at Rockville, Maryland, this 23rd day Airplanes; and Empresa Brasileira de authority for Brazil, notified us that an
of May, 2006. Aeronautica S.A. (EMBRAER) Model unsafe condition may exist on all
For the Nuclear Regulatory Commission. ERJ 190–100 LR, –100 STD, and –100 EMBRAER Model ERJ 170 and Model
Michael T. Lesar, IGW Airplanes ERJ 190 airplanes. The DAC advises
Chief, Rules and Directives Branch, Division that, during landing, the thrust reverser
of Administrative Services, Office of AGENCY: Federal Aviation may not re-stow completely if the
Administration. Administration (FAA), Department of throttle lever is moved into the forward
[FR Doc. E6–8273 Filed 5–26–06; 8:45 am] Transportation (DOT). thrust range immediately (that is, within
BILLING CODE 7590–01–P ACTION: Final rule; request for 0.2 seconds) after the thrust reverser is
comments. applied. If the flightcrew subsequently
performs a takeoff, the airplane may
SUMMARY: The FAA is adopting a new
FEDERAL RESERVE SYSTEM become airborne with a partially
airworthiness directive (AD) for all
deployed thrust reverser. This
12 CFR Part 226 EMBRAER Model ERJ 170 and Model
condition, if not corrected, could result
ERJ 190 airplanes. This AD requires
in reduced controllability of the
Truth in Lending (Regulation Z) revising the Limitations section of the
airplane. The DAC issued Brazilian
airplane flight manual to prohibit the
CFR Correction airworthiness directives 2006–03–02,
flightcrew from moving the throttle into
In Title 12 of the Code of Federal effective April 21, 2006 (for all Model
the forward thrust range immediately
Regulations, Parts 220 to 299, revised as ERJ 170 airplanes); and 2006–03–03,
after applying the thrust reverser. This
of January 1, 2006, on page 284, in effective April 21, 2006 (for all Model
AD results from a report that, during
§ 226.7, the last sentence of paragraph ERJ 190 airplanes), to ensure the
landing, the thrust reverser may not re-
(f) is corrected to read as follows: continued airworthiness of these
stow completely if the throttle lever is
airplanes in Brazil.
§ 226.7 Periodic statement.
moved into the forward thrust range
immediately after the thrust reverser is FAA’s Determination and Requirements
* * * * * applied. We are issuing this AD to of This AD
(f) * * * If there is more than one
prevent the flightcrew from performing These airplane models are
periodic rate, the amount of the finance
a takeoff with a partially deployed manufactured in Brazil and are type
charge attributable to each rate need not
thrust reverser, which could result in certificated for operation in the United
be separately itemized and identified.
reduced controllability of the airplane. States under the provisions of section
* * * * *
DATES: This AD becomes effective June 21.29 of the Federal Aviation
[FR Doc. 06–55519 Filed 5–26–06; 8:45 am] 14, 2006. Regulations (14 CFR 21.29) and the
BILLING CODE 1505–01–D
We must receive comments on this applicable bilateral airworthiness
AD by July 31, 2006. agreement. Pursuant to this bilateral
ADDRESSES: Use one of the following airworthiness agreement, the DAC has
DEPARTMENT OF TRANSPORTATION addresses to submit comments on this kept the FAA informed of the situation
Federal Aviation Administration AD. described above. We have examined the
• DOT Docket Web site: Go to DAC’s findings, evaluated all pertinent
14 CFR Part 23 http://dms.dot.gov and follow the information, and determined that we
instructions for sending your comments need to issue an AD for products of this
Airworthiness Standards: Normal, electronically. type design that are certificated for
Utility, Acrobatic, and Commuter • Government-wide rulemaking Web operation in the United States.
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Category Airplanes site: Go to http://www.regulations.gov Therefore, we are issuing this AD to


and follow the instructions for sending prevent the flightcrew from performing
CFR Correction your comments electronically. a takeoff with a partially deployed
In Title 14 of the Code of Federal • Mail: Docket Management Facility; thrust reverser, which could result in
Regulations, Parts 1 to 59, revised as of U.S. Department of Transportation, 400 reduced controllability of the airplane.

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30578 Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Rules and Regulations

This AD requires revising the section. Comments will be available in PART 39—AIRWORTHINESS
Limitations section of the airplane flight the AD docket shortly after the Docket DIRECTIVES
manual to prohibit the flightcrew from Management System receives them.
moving the throttle into the forward ■ 1. The authority citation for part 39
Authority for This Rulemaking continues to read as follows:
thrust range immediately after applying
the thrust reverser. Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701.
Interim Action specifies the FAA’s authority to issue § 39.13 [Amended]
rules on aviation safety. Subtitle I,
We consider this AD interim action. If section 106, describes the authority of ■ 2. The Federal Aviation
final action is later identified, we may the FAA Administrator. Subtitle VII, Administration (FAA) amends § 39.13
consider further rulemaking then. Aviation Programs, describes in more by adding the following new
detail the scope of the Agency’s airworthiness directive (AD):
FAA’s Determination of the Effective
Date authority. 2006–11–15 Empresa Brasileira de
We are issuing this rulemaking under Aeronautica S.A. (EMBRAER):
An unsafe condition exists that Amendment 39–14619. Docket No.
requires the immediate adoption of this the authority described in subtitle VII, FAA–2006–24897; Directorate Identifier
AD; therefore, providing notice and part A, subpart III, section 44701, 2006–NM–111–AD.
opportunity for public comment before ‘‘General requirements.’’ Under that
section, Congress charges the FAA with Effective Date
the AD is issued is impracticable, and
good cause exists to make this AD promoting safe flight of civil aircraft in (a) This AD becomes effective June 14,
air commerce by prescribing regulations 2006.
effective in less than 30 days.
for practices, methods, and procedures Affected ADs
Comments Invited the Administrator finds necessary for (b) None.
This AD is a final rule that involves safety in air commerce. This regulation
requirements that affect flight safety and is within the scope of that authority Applicability
was not preceded by notice and an because it addresses an unsafe condition (c) This AD applies to all EMBRAER Model
opportunity for public comment; that is likely to exist or develop on ERJ 170–100 LR, –100 STD, –100 SE, and
however, we invite you to submit any products identified in this rulemaking –100 SU airplanes; and all Model ERJ 190–
100 STD, –100 LR, and –100 IGW airplanes;
relevant written data, views, or action.
certificated in any category.
arguments regarding this AD. Send your Regulatory Findings
comments to an address listed in the Unsafe Condition
ADDRESSES section. Include ‘‘Docket No. We have determined that this AD will (d) This AD results from a report that,
FAA–2006–24897; Directorate Identifier not have federalism implications under during landing, the thrust reverser may not
2006–NM–111–AD’’ at the beginning of Executive Order 13132. This AD will re-stow completely if the throttle lever is
your comments. We specifically invite moved into the forward thrust range
not have a substantial direct effect on
immediately after the thrust reverser is
comments on the overall regulatory, the States, on the relationship between applied. We are issuing this AD to prevent
economic, environmental, and energy the national government and the States, the flightcrew from performing a takeoff with
aspects of the AD that might suggest a or on the distribution of power and a partially deployed thrust reverser, which
need to modify it. responsibilities among the various could result in reduced controllability of the
We will post all comments we levels of government. airplane.
receive, without change, to http:// For the reasons discussed above, I Compliance
dms.dot.gov, including any personal certify that the regulation:
information you provide. We will also (e) You are responsible for having the
1. Is not a ‘‘significant regulatory actions required by this AD performed within
post a report summarizing each the compliance times specified, unless the
substantive verbal contact with FAA action’’ under Executive Order 12866;
actions have already been done.
personnel concerning this AD. Using the 2. Is not a ‘‘significant rule’’ under the
search function of that Web site, anyone DOT Regulatory Policies and Procedures Airplane Flight Manual Revision
can find and read the comments in any (44 FR 11034, February 26, 1979); and (f) Within 7 days after the effective date of
of our dockets, including the name of 3. Will not have a significant this AD, revise the Limitations section of the
the individual who sent the comment EMBRAER 170/190 Airplane Flight Manual
economic impact, positive or negative,
(AFM) to include the following statement.
(or signed the comment on behalf of an on a substantial number of small entities This may be done by inserting a copy of this
association, business, labor union, etc.). under the criteria of the Regulatory AD in the AFM.
You may review the DOT’s complete Flexibility Act. ‘‘After applying thrust reverser, do not
Privacy Act Statement in the Federal We prepared a regulatory evaluation move the throttle back to the forward thrust
Register published on April 11, 2000 of the estimated costs to comply with range, unless the REV icon on the EICAS is
(65 FR 19477–78), or you may visit shown in amber or green.’’
this AD and placed it in the AD docket.
http://dms.dot.gov. See the ADDRESSES section for a location Note 1: When a statement identical to that
in paragraph (f) of this AD has been included
Examining the Docket to examine the regulatory evaluation.
in the general revisions of the AFM, the
You may examine the AD docket on List of Subjects in 14 CFR Part 39 general revisions may be inserted into the
the Internet at http://dms.dot.gov, or in AFM, and the copy of this AD may be
person at the Docket Management Air transportation, Aircraft, Aviation removed from the AFM.
Facility office between 9 a.m. and 5 safety, Safety.
Alternative Methods of Compliance
p.m., Monday through Friday, except Adoption of the Amendment (AMOCs)
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Federal holidays. The Docket (g)(1) The Manager, International Branch,


Management Facility office (telephone ■ Accordingly, under the authority ANM–116, Transport Airplane Directorate,
(800) 647–5227) is located on the plaza delegated to me by the Administrator, FAA, has the authority to approve AMOCs
level of the Nassif Building at the DOT the FAA amends 14 CFR part 39 as for this AD, if requested in accordance with
street address stated in the ADDRESSES follows: the procedures found in 14 CFR 39.19.

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Federal Register / Vol. 71, No. 103 / Tuesday, May 30, 2006 / Rules and Regulations 30579

(2) Before using any AMOC approved in contain aircraft while executing two substantial number of small entities
accordance with § 39.19 on any airplane to new SIAPs and one amended SIAP for under the criteria of the Regulatory
which the AMOC applies, notify the the Big Lake Airport. The new Flexibility Act.
appropriate principal inspector in the FAA approaches are (1) Area Navigation The FAA’s authority to issue rules
Flight Standards Certificate Holding District
(Global Positioning System) (RNAV regarding aviation safety is found in title
Office.
(GPS)) Runway (RWY) 07, Original and 49 of the United States Code. subtitle 1,
Related Information (2) RNAV (GPS) RWY 25, Original. The section 106 describes the authority of
(h) Brazilian airworthiness directives amended approach is the Very High the FAA Administrator. subtitle VII,
2006–03–02, effective April 21, 2006; and Frequency Omni-directional Range Aviation Programs, describes in more
2006–03–03, effective April 21, 2006, also (VOR) RWY 07, Amendment 6. The detail the scope of the agency’s
address the subject of this AD. runway designation is also changing authority.
Material Incorporated by Reference from 08/24 to 07/25 due to magnetic This rulemaking is promulgated
variation changes. Class E controlled under the authority described in subtitle
(i) None.
airspace extending upward from 700 ft. VII, part A, subpart 1, section 40103,
Issued in Renton, Washington, on May 22, above the surface in the Big Lake Sovereignty and use of airspace. Under
2006. Airport area is revised by this action. that section, the FAA is charged with
Ali Bahrami, Interested parties were invited to prescribing regulations to ensure the
Manager, Transport Airplane Directorate, participate in this rulemaking safe and efficient use of the navigable
Aircraft Certification Service. proceeding by submitting written airspace. This regulation is within the
[FR Doc. 06–4909 Filed 5–26–06; 8:45 am] comments on the proposal to the FAA. scope of that authority because it creates
BILLING CODE 4910–13–P No public comments have been Class E airspace sufficient in size to
received; thus the rule is adopted as contain aircraft executing instrument
proposed. procedures for the Big Lake Airport and
DEPARTMENT OF TRANSPORTATION The area will be depicted on represents the FAA’s continuing effort
aeronautical charts for pilot reference. to safely and efficiently use the
Federal Aviation Administration The coordinates for this airspace docket navigable airspace.
are based on North American Datum 83.
14 CFR Part 71 The Class E airspace areas designated as List of Subjects in 14 CFR Part 71
[Docket No. FAA–2006–23927; Airspace 700/1,200 ft. transition areas are Airspace, Incorporation by reference,
Docket No. 06-AAL–11] published in paragraph 6005 of FAA Navigation (air).
Order 7400.9N, Airspace Designations
Revision of Class E Airspace; Big Adoption of the Amendment
and Reporting Points, dated September
Lake, AK 1, 2005, and effective September 15, ■ In consideration of the foregoing, the
2005, which is incorporated by Federal Aviation Administration
AGENCY: Federal Aviation
reference in 14 CFR 71.1. The Class E amends 14 CFR part 71 as follows:
Administration (FAA), DOT.
airspace designation listed in this
ACTION: Final rule. document will be published PART 71—DESIGNATION OF CLASS A,
subsequently in the Order. CLASS B, CLASS C, CLASS D, AND
SUMMARY: This action revises Class E
CLASS E AIRSPACE AREAS;
airspace at Big Lake, AK to provide The Rule AIRWAYS; ROUTES; AND REPORTING
adequate controlled airspace to contain This amendment to 14 CFR part 71 POINTS
aircraft executing two new Standard revises Class E airspace at the Big Lake
Instrument Approach Procedures Airport, Alaska. This Class E airspace is ■ 1. The authority citation for 14 CFR
(SIAPs) along with one amended SIAP. revised to accommodate aircraft part 71 continues to read as follows:
This rule results in revised Class E executing two new SIAPs and one Authority: 49 U.S.C. 106(g), 40103, 40113,
airspace established upward from 700 amended SIAP, and will be depicted on 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
feet (ft.) above the surface at Big Lake, aeronautical charts for pilot reference. 1963 Comp., p. 389.
AK. The intended effect of this rule is to § 71.1 [Amended]
DATES: Effective Date: 0901 UTC, August provide adequate controlled airspace for
3, 2006. Instrument Flight Rule (IFR) operations ■ 2. The incorporation by reference in
FOR FURTHER INFORMATION CONTACT: Gary at Big Lake Airport, Big Lake Alaska. 14 CFR 71.1 of Federal Aviation
Rolf, AAL–538G, Federal Aviation The FAA has determined that this Administration Order 7400.9N,
Administration, 222 West 7th Avenue, regulation only involves an established Airspace Designations and Reporting
Box 14, Anchorage, AK 99513–7587; body of technical regulations for which Points, dated September 1, 2005, and
telephone number (907) 271–5898; fax: frequent and routine amendments are effective September 15, 2005, is
(907) 271–2850; e-mail: necessary to keep them operationally amended as follows:
gary.ctr.rolf@faa.gov. Internet address: current. It, therefore—(1) is not a * * * * *
http://www.alaska.faa.gov/at. ‘‘significant regulatory action’’ under Paragraph 6005 Class E airspace extending
Executive Order 12866; (2) is not a upward from 700 feet or more above the
SUPPLEMENTARY INFORMATION:
‘‘significant rule’’ under DOT surface of the earth.
History Regulatory Policies and Procedures (44 * * * * *
On Friday, March 3, 2006, the FAA FR 11034; February 26, 1979); and (3) AAL AK E5 Big Lake, AK [Revised]
proposed to amend part 71 of the does not warrant preparation of a Big Lake Airport, AK
Federal Aviation Regulations (14 CFR regulatory evaluation as the anticipated
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(lat. 61°32′10″ N., long. 149°48′50″ W.)


part 71) to revise Class E airspace impact is so minimal. Since this is a
upward from 700 ft. above the surface routine matter that will only affect air Big Lake VORTAC
at Big Lake, AK (71 FR 10924). The traffic procedures and air navigation, it (lat. 61°34′10″ N., long. 149°58′02″ W.)
action was proposed in order to create is certified that this rule will not have That airspace extending upward from 700
Class E airspace sufficient in size to a significant economic impact on a feet above the surface within a 6.2-mile

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