Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Rules and Regulations 47727 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2006–16–16 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14716. FAA–2006–

24366; Directorate Identifier 2006–NM–

040–AD. 

Effective Date 

(a) This AD becomes effective September 

22, 2006. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–135BJ airplanes, certificated in any 

category; as identified in EMBRAER Service 

Bulletin 145LEG–25–0060, Revision 01, 

dated March 3, 2006. 

Unsafe Condition 

(d) This AD results from a report indicating 

that certain airplanes were delivered with the 

fire blocking material missing and the seal 

improperly installed on the partitions of the 

forward baggage compartment door. We are 

issuing this AD to detect and correct such 

discrepancies on the forward baggage 

compartment partition, which, in the event of 

a fire in the baggage compartment, could 

result in smoke propagating into the main 

cabin. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Inspection and Corrective Actions 

(f) Within 24 months after the effective 

date of this AD: Do a general visual 

inspection for missing fire blocking material 

(an insulation blanket) on the left- and righthand partitions of the forward baggage 

compartment door, replace the seal on both 

partitions with a new seal, and accomplish 

all applicable corrective actions, by doing all 

the actions specified in the Accomplishment 

Instructions of EMBRAER Service Bulletin 

145LEG–25–0060, Revision 01, dated March 

3, 2006. All applicable corrective actions 

must be done before further flight. 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

Acceptable for Compliance 

(g) Accomplishment of the actions required 

by paragraph (f) of this AD before the 

effective date of this AD in accordance with 

EMBRAER Service Bulletin 145LEG–25–

0060, dated November 18, 2005, is acceptable 

for compliance with the requirements of that 

paragraph. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, has the authority to approve AMOCs 

for this AD, if requested in accordance with 

the procedures found in 14 CFR 39.19. 

(2) Before using any AMOC approved in 

accordance with § 39.19 on any airplane to 

which the AMOC applies, notify the 

appropriate principal inspector in the FAA 

Flight Standards Certificate Holding District 

Office. 

Related Information 

(i) Brazilian airworthiness directive 2006–

02–02, effective February 24, 2006, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(j) You must use EMBRAER Service 

Bulletin 145LEG–25–0060, Revision 01, 

dated March 3, 2006, to perform the actions 

that are required by this AD, unless the AD 

specifies otherwise. The Director of the 

Federal Register approved the incorporation 

by reference of this document in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Contact Empresa Brasileira de Aeronautica 

S.A. (EMBRAER), P.O. Box 343—CEP 12.225, 

Sao Jose dos Campos—SP, Brazil, 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., Room PL–401, Nassif 

Building, Washington, DC; 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 the NARA, call (202) 741–

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on August 

3, 2006. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E6–13449 Filed 8–17–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25499; Airspace 

Docket No. 06–ASW–09] 

Modification of Class D Airspace, 

Modification to Class E; Clovis, NM 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action modifies the Class 

D and the Class E airspace areas at 

Cannon AFB, Clovis, NM, to provide 

controlled airspace for Category (CAT) E 

aircraft performing a circling approach 

within Class D and Class E Airspace. 

DATES: Effective 0901 UTC, November 

23, 2006. 

Comments for inclusion in the Rules 

Docket must be received on or before 

October 23, 2006. 

ADDRESSES: Send comments on the rule 

to the Docket Management System, U.S. 

Department of Transportation, Room 

Plaza 401, 400 Seventh Street, SW., 

Washington, DC 20590–0001. You must 

identify the docket number, FAA–2006–

25499/Airspace Docket No. 06–ASW–

09, at the beginning of your comments. 

You may also submit comments on the 

Internet at the DOT docket Web site, 

http://dms.dot.gov or the governmentwide Web site, http://regulations.gov. 

Anyone can find and read the comments 

received in this docket, including the 

name, address and any other personal 

information placed in the docket by a 

commenter. You may hand-deliver your 

comments and review the public docket 

containing any comments received and 

this Direct Final Rule in person at the 

Dockets Office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket Office 

(telephone 1–800–647–5527) is located 

on the plaza level of the Department of 

Transportation Nassif Building at the 

street address stated previously. 

An informal docket may also be 

examined during normal business hours 

at the office of the Central Service Area, 


rwilkins on PROD1PC63 with RULES
47728 Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Rules and Regulations 

System Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Boulevard, Fort 

Worth, TX. Call the group manager, 

System Support Group, AJO–2C2, 

telephone (817) 222–5530; fax (817) 

222–5981, to make arrangements for 

your visit. 

FOR FURTHER INFORMATION CONTACT: 

Joseph R. Yadouga, Central, Service 

Area, System Support Group, Federal 

Aviation Administration, Southwest 

Region, Fort Worth, TX 76193–0530; 

telephone: (817) 222–5597. 

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR part 71 

establishes a Class D airspace 

designation for an airspace area from the 

surface up to but not including 6,800 

feet MSL at Cannon AFB, Clovis, NM, 

and will be published in paragraph 5000 

of FAA Order 7400.9N, dated September 

1, 2005, and effective September 16, 

2005, which is incorporated by 

reference in 14 CFR 71.1. 

This amendment to 14 CFR part 71 

also modifies the Class E airspace area 

extending upward from the surface at 

Cannon AFB, Clovis, NM, and will be 

published in paragraph 6000 of FAA 

Order 7400.9N, dated September 1, 

2005, and effective September 16, 2005, 

which is incorporated by reference in 14 

CFR 71.1. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in an adverse 

or negative comment, and, therefore, 

issues it as a direct final rule. The FAA 

has determined that this regulation only 

involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Unless a written adverse or negative 

comment, or a written notice of intent 

to submit an adverse or negative 

comment is received within the 

comment period, the regulation will 

become effective on the date specified. 

After the close of the comment period, 

the FAA will publish a document in the 

Federal Register indicating that no 

adverse or negative comments were 

received and confirming the date on 

which the final rule will become 

effective. If the FAA does receive, 

within the comment period, an adverse 

or negative comment, or written notice 

of intent to submit such a comment, a 

document withdrawing the direct final 

rule will be published in the Federal 

Register, and a notice of proposed 

rulemaking may be published with a 

new comment period. 

Comments Invited 

Although this action is in the form of 

a direct final rule, and was not preceded 

by a notice of proposed rulemaking, 

interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments 

as they may desire. Communications 

must identify both docket numbers. All 

communications received on or before 

the closing date for comments will be 

considered, and this rule may be 

amended or withdrawn in light of the 

comments received. Factual information 

that supports the commenter’s ideas and 

suggestions is extremely helpful in 

evaluating the effectiveness of this 

action and determining whether 

additional rulemaking action would be 

needed. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the rule that might suggest a need to 

modify the rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report that 

summarizes each FAA-public contact 

concerned with the substance of this 

action will be filed in the Rules Docket. 

Agency Findings 

This rule does not have federalism 

implications, as defined in Executive 

Order No. 13132, because it does 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. Accordingly, the 

FAA has not consulted with State 

authorities prior to publication of this 

rule. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed, I 

certify that this regulation (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034, 

February 26, 1979); and (3) does not 

warrant preparation of a Regulatory 

Evaluation as these routine matters will 

only affect air traffic procedures and air 

navigation. I certify that this rule will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Authority for This Rulemaking 

The FAA authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart 1, Section 

4013, ‘‘Sovereignty and use of airspace.’’

Under that section, the FAA is charged 

with developing plans and policy for 

use of the navigatable airspace and 

assigning by regulation or order the 

airspace necessary to ensure the safety 

of aircraft and the efficient use of 

airspace. The FAA may modify or 

revoke an assignment when required in 

the public interest. This regulation is 

within the scope of that authority 

because it is in the public interest to 

provide greater control of the airspace 

for the safety of aircraft operating in the 

vicinity of the newly established airport 

traffic control tower. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me, the Federal Aviation 

Administration amends part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 16, 2005, is 

amended as follows: 

Paragraph 5000 Class D Airspace Areas 

Extending Upward From the Surface of the 

Earth 

* * * * * 

ASW NM D Clovis, NM [Revised] 

Cannon AFB, NM 

Lat. 34°22′58′′ N, Long. 103°19′20′′ W 

That airspace extending upward from the 

surface to and including 6,800 feet MSL 

within a 6-mile radius Cannon AFB. The 

Class D airspace area is effective during the 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 71, No. 160 / Friday, August 18, 2006 / Rules and Regulations 47729 

1Bacteriophages are viruses that infect bacteria 

only. 

2Ready-to-eat products, as used in this final rule, 

are defined in 9 CFR 430.1. 

3Lytic bacteriophages lyse (destroy) their host 

bacteria as a normal part of their life cycle without 

integrating into the host genome. 

4 Genome means the genetic content of a cell or 

virus. 

specific dates and times established in 

advance by the Notice to Airmen. The 

effective time will thereafter be continuously 

published in the Airport/Facility Directory. 

Paragraph 6000 Class E Airspace Areas 

Extending Upward From the Surface of the 

Earth 

* * * * * 

ASW NM E Clovis, NM [Revised] 

Cannon AFB, NM 

Lat. 34° 22′58′′ N, Long. 103°19′20′′ W 

Cannon ILS Localizer 

Lat. 34°22′25′′ N, Long. 103°20′09′′ W 

Cannon TACAN0 

Lat. 34°22′51′′ N, Long. 103°19′21′′ W 

That airspace extending upward from the 

surface within a 6-mile radius of Cannon 

AFB. The Class E airspace area is effective 

during the specific dates and times 

established in advance by the Notice to 

Airmen. The effective time will thereafter be 

continuous published in the Airport/Facility 

Directory. 

* * * * * 

Issued in Fort Worth, TX, on August 1, 

2006. 

Donald R. Smith, 

System Support Group Manager, Central 

Service Area. 

[FR Doc. 06–6910 Filed 8–17–06; 8:45am] 

BILLING CODE 4910–13—M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 172 

[Docket No. 2002F–0316 (formerly 02F–

0316)] 

Food Additives Permitted for Direct 

Addition to Food for Human 

Consumption; Bacteriophage 

Preparation 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

food additive regulations to provide for 

the safe use of a bacteriophage 

preparation on ready-to-eat meat and 

poultry products as an antimicrobial 

agent against Listeria monocytogenes. 

This action is in response to a petition 

filed by Intralytix, Inc. 

DATES: This rule is effective August 18, 

2006. Submit written or electronic 

objections and requests for a hearing by 

September 18, 2006. See section VII of 

this document for information on the 

filing of objections. The Director of the 

Office of the Federal Register approves 

the incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51 of certain publications in 

new 21 CFR 172.785 as of August 18, 

2006. 

ADDRESSES: You may submit objections 

and requests for a hearing, identified by 

Docket No. 2002F–0316 (formerly 02F–

0316), by any of the following methods: 

Electronic Submissions 

Submit electronic objections in the 

following ways: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Agency Web site: http:// 

www.fda.gov/dockets/ecomments. 

Follow the instructions for submitting 

comments on the agency Web site. 

Written Submissions 

Submit written objections in the 

following ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier [For 

paper, disk, or CD–ROM submissions]: 

Division of Dockets Management (HFA–

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

To ensure more timely processing of 

objections, FDA is no longer accepting 

objections submitted to the agency by email. FDA encourages you to continue 

to submit electronic objections by using 

the Federal eRulemaking Portal or the 

agency Web site, as described in the 

Electronic Submissions portion of this 

paragraph. 

Instructions: All submissions received 

must include the agency name and 

Docket No(s). and Regulatory 

Information Number (RIN) (if a RIN 

number has been assigned) for this 

rulemaking. All objections received will 

be posted without change to http:// 

www.fda.gov/ohrms/dockets/ 

default.htm, including any personal 

information provided. For detailed 

instructions on submitting objections, 

see the ‘‘Objections’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

objections received, go to http:// 

www.fda.gov/ohrms/dockets/ 

default.htm and insert the docket 

number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Raphael A. Davy, Center for Food Safety 

and Applied Nutrition (HFS–265), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740, 

301–436–1272. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In a notice published in the Federal 

Register of July 22, 2002 (67 FR 47823), 

FDA announced that a food additive 

petition (FAP 2A4738) had been filed by 

Intralytix, Inc., c/o Lewis & Harrison, 

122 C St. NW., suite 740, Washington, 

DC 20001, now represented by Keller & 

Heckman LLP, 1001 G St., NW., suite 

500 West, Washington, DC 20001. The 

petition proposed to amend the food 

additive regulations to provide for the 

safe use of a mixture of bacteriophages1

(phages) as an antimicrobial agent 

against Listeria monocytogenes (L. 

monocytogenes) on foods, including 

fresh meat, meat products, fresh poultry, 

and poultry products. On December 18, 

2003, the petitioner amended the 

petition to limit the petitioned use to 

ready-to-eat (RTE) meat and poultry 

products only.2

The food additive consists of a 

mixture of equal proportions of six 

individually purified phages. The 

petitioner’s rationale for incorporating 

multiple phages in one formulation is to 

minimize the possibility of L. 

monocytogenes developing a resistance 

to the additive. Each phage in the 

additive is specific against various L. 

monocytogenes strains, including those 

strains known to be associated with 

foodborne illness (e.g., L. 

monocytogenes strains, serotypes 1/2a, 

4b and 1/2b). The phages are lytic3

double-stranded DNA phages. The 

petitioner has characterized each phage 

with respect to physical properties and 

other appropriate identifying factors 

(e.g., host range, structural protein 

profile, and DNA sequence of complete 

genome4). 

In the manufacturing process, each 

phage contained in the additive is 

separately produced using a strain of L. 

monocytogenes that can serve as a host 

to the specific phage. The host L. 

monocytogenes strain is first cultured in 

microbiological media and the specific 

phage is added to the culture when a 

specified cell density is achieved. After 

phage multiplication, which results in 

lysis (destruction) of host cells, the 

phage is purified by use of multiple 

filtration steps (to remove bacteria and 

their components). The six phages 

produced by this process are then 


rwilkins on PROD1PC63 with RULES