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

77583 

Vol. 71, No. 248 

Wednesday, December 27, 2006 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

7 CFR Part 800 

RIN: 0580–AA90 

United States Standards for Soybeans 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Final rule; correction. 

SUMMARY: In a final rule published in 

the Federal Register on September 6, 

2006, we amended regulations 

concerning the United States Standards 

for Soybeans. The final rule contained 

an error in the rule portion; 

inadvertently, footnote reference 

numbers were left off of Table 17 in 7 

CFR 800.86. This document corrects 

that error. 

DATES: Effective Date: September 1, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Becca Riese at GIPSA, USDA, 1400 

Independence Avenue, SW., 

Washington, DC, 20250–3630; 

Telephone (202) 720–4116; Fax Number 

(202) 720–7883; e-mail 

Rebecca.A.Riese@usda.gov. 

SUPPLEMENTARY INFORMATION: In a final 

rule published in the Federal Register 

on September 6, 2006, (71 FR 52403– 

52406) we amended regulations 

concerning the United States Standards 

for Soybeans, including Table 17 in 7 

CFR 800.86. Inadvertently, footnote 

reference numbers were left off of Table 

17 in 7 CFR 800.86. 

In rule FR Doc. E6–14719 published 

on September 6, 2006, (71 FR 52403– 

52406) make the following correction. 

On page 52405, in Table 17, in the first 

column, insert: 

(1) Footnote reference number 1 

immediately following ‘‘U.S. No. 3’’ and 

(2) footnote reference number 2 

immediately following ‘‘U.S. No. 4.’’ 

James E. Link, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

[FR Doc. E6–22044 Filed 12–26–06; 8:45 am] 

BILLING CODE 3410–KD–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Docket No. AMS–FV–06–0182; FV06–948– 

2 IFR] 

Irish Potatoes Grown in Colorado; 

Modification of the Handling 

Regulation for Area No. 2 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule modifies the grade 

and maturity requirements for potatoes 

handled under the Colorado potato 

marketing order, Area No. 2. The 

marketing order regulates the handling 

of Irish potatoes grown in Colorado and 

is administered locally by the Colorado 

Potato Administrative Committee, Area 

No. 2 (Committee). This rule relaxes the 

minimum grade requirement from U.S. 

No. 1 grade to U.S. Commercial grade 

for all Area No. 2 potato varieties, other 

than round, red-skinned varieties, 

measuring from 1 1⁄2-inch minimum 

diameter to 2 1⁄4-inch maximum 

diameter (size B), and 1-inch minimum 

diameter to 1 3⁄4-inch maximum 

diameter. This rule also changes from 

August 25 to August 1 of each year the 

date minimum maturity requirements 

are implemented. These changes are 

intended to facilitate the handling and 

marketing of Colorado Area No. 2 

potatoes. 

DATES: Effective December 28, 2006; 

comments received by February 26, 

2007 will be considered prior to 

issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; Fax: (202) 

720–8938; e-mail: 

moab.docketclerk@usda.gov; or Internet: 

http://www.regulations.gov. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the Office of the Docket 

Clerk during regular business hours, or 

can be viewed at: http:// 

www.ams.usda.gov/fv/moab.html. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or E-mail: 

Teresa.Hutchinson@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 97 and Marketing Order No. 948, 

both as amended (7 CFR part 948), 

regulating the handling of Irish potatoes 

grown in Colorado, hereinafter referred 

to as the ‘‘order.’’ The order is effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

§ 608c(15)(A) of the Act, any handler 

subject to an order may file with USDA 

a petition stating that the order, any 

provision of the order, or any obligation 

imposed in connection with the order is 

not in accordance with law and request 


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77584 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations 

a modification of the order or to be 

exempted therefrom. A handler is 

afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This rule changes the minimum grade 

requirement for certain potatoes 

handled under the order and also 

changes the minimum maturity 

requirement implementation date. 

Specifically, this rule changes the 

minimum grade requirement from U.S. 

No. 1 grade to U.S. Commercial grade 

for all varieties of Area No. 2 potatoes, 

other than round, red-skinned potatoes, 

measuring from 1 1⁄2-inch minimum 

diameter to 2 1⁄4-inch maximum 

diameter (size B), and from 1-inch 

minimum diameter to 1 3⁄4-inch 

maximum diameter. Furthermore, this 

rule changes the implementation date 

for the minimum maturity requirement 

from August 25 to August 1 of each 

year. These changes were recommended 

by the Committee at a meeting held on 

August 10, 2006. 

Section 948.22 authorizes the 

issuance of grade, size, quality, 

maturity, pack, and container 

regulations for potatoes grown in the 

production area. Section 948.21 further 

authorizes the modification, suspension, 

or termination of regulations issued 

pursuant to § 948.22. 

Section 948.40 provides that 

whenever the handling of potatoes is 

regulated pursuant to §§ 948.20 through 

948.24, such potatoes must be inspected 

by the Federal-State Inspection Service, 

and certified as meeting the applicable 

requirements of such regulations. 

Under the order, the State of Colorado 

is divided into three areas of regulation 

for marketing order purposes. These 

include: Area 1, commonly known as 

the Western Slope and consisting of 

Routt, Eagle, Pitkin, Gunnison, 

Hinsdale, La Plata Counties, and all 

counties west thereof; Area 2, 

commonly known as San Luis Valley, 

consists of Sanguache, Huerfano, Las 

Animas, Mineral, Archuleta Counties, 

and all counties south thereof; and, Area 

3, which consists of the remaining 

counties in the State of Colorado not 

included in Area 1 or 2. The order 

currently regulates production in Areas 

2 and 3 only; regulation for Area 1 is 

currently not active. Grade, size, and 

maturity regulations specific to the 

handling of potatoes grown in Area No. 

2 are contained in § 948.386 of the 

order. For many years, consumer 

demand for small fresh market potatoes 

was relatively soft in comparison to 

demand for larger size potatoes. Size B 

and smaller potatoes were often 

discarded or fed to livestock. Grade and 

size regulations were developed to keep 

lower quality small potatoes out of the 

fresh market. At that time, the 

Committee believed that small potatoes, 

sold at a great discount, eroded the price 

for large potatoes. By requiring small 

potatoes to grade U.S. No. 1 or better, 

the Committee believed that high 

quality small potatoes would not have 

an adverse affect on the market for 

larger potatoes. 

Recently, however, demand has 

increased for small potatoes, which 

often command premium prices 

compared to larger size A potatoes (1 7⁄8- 

inch and larger). With the growing 

demand for small potatoes, producers 

and handlers are concerned that they 

will not be able to supply this market 

if only U.S. No. 1 or better grade can be 

shipped under the order. The Colorado 

Area No. 2 potato industry has received 

requests from customers for additional 

small potatoes that grade U.S. 

Commercial or better. This action would 

better assist Area No. 2 handlers in 

meeting their buyers’ needs. 

Committee statistics show that 

approximately 62 percent of the entire 

potato crop in Area No. 2 grades U.S. 

No. 1 or better. However, the percentage 

of Size B and smaller potatoes meeting 

U.S. No. 1 grade is only about 50 

percent. The reason for the lower 

percentage of smaller potatoes is that 

potato defects are scored based on the 

percentage of surface area affected on 

the individual potato. Because Size B 

and smaller potatoes have less surface, 

any defect inspected comprises a larger 

part of the total surface being scored 

relative to larger sized potatoes. For 

example, a cut on a large potato may not 

affect a large enough surface area to be 

a scorable defect, but the same size cut 

would be scorable on a smaller potato. 

Under such circumstances, it would be 

much harder for a small potato to meet 

the U.S. No. 1 grade than it would for 

a large potato. The U.S. Commercial 

grade allows a slightly higher 

percentage of total defects than the U.S. 

No. 1 grade. 

By changing the grade requirement to 

allow size B potatoes and potatoes 

measuring from 1-inch minimum 

diameter to 1 3⁄4-inch maximum 

diameter (commonly referred to as 

‘‘creamers’’ by the potato industry) to 

meet U.S. Commercial grade or better, 

the Committee believes more small 

potatoes would be available to meet 

increasing demand, and thus help 

increase returns to producers. Not only 

would more small potatoes enter the 

market, small potatoes typically sell for 

a premium price in today’s marketplace. 

This change would not affect round, 

red-skinned potato varieties in the size 

B and 1-inch minimum diameter to 1 3⁄4- 

inch maximum diameter size, which 

would continue to meet U.S. No. 1 grade 

or better. The majority of round, redskinned potato varieties produced in 

Area No. 2 supply the food service or 

restaurant market. This market demands 

high quality (U.S. No. 1 or better) round, 

red-skinned potatoes. Therefore, the 

Committee recommends that the grade 

requirement for varieties of round, redskinned potatoes in these size categories 

remain U.S. No. 1 grade or better. 

The Committee believes that by 

allowing small potatoes to meet the 

more relaxed U.S. Commercial grade 

instead of U.S. No. 1 grade, available 

volume for sale into the fresh market 

could increase by about 23 percent. 

Although facing an increasing 

demand, the market for small potatoes 

is a minor segment of the market served 

by the Area No. 2 production area. As 

a consequence, the Committee believes 

that the smaller potatoes do not compete 

directly with the predominant large 

potatoes produced in this area, and that 

the relaxation of the grade requirement 

would not adversely effect the overall 

Area No. 2 potato market. 

This rule also changes the minimum 

maturity requirement implementation 

date from August 25 to August 1. The 

specified ending date of October 31 for 

the minimum maturity requirement 

remains unchanged, as do the actual 

minimum maturity requirements that 

U.S. No. 2 grade potatoes are not more 

than ‘‘moderately skinned’’ and that all 

other grades are not more than ‘‘slightly 

skinned’’ (as defined in the U.S. 

Standards for Potatoes). 

The Committee recommended that the 

implementation date be moved to 

August 1 due to the increased use of 

early maturing potato varieties in this 

area of Colorado and earlier harvest 

requirements. Since the skin on most 

potato varieties has not substantially 

‘‘set’’, or toughened, early in the season, 

potato skins have a tendency to more 

easily scrape off during harvest and the 

subsequent handling and packing 

process. By having the maturity 

requirements in place at the beginning 

of harvest, there is added assurance that 

a quality product will reach the 

consumer. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 


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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations 77585 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

initial regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 80 handlers 

of Colorado Area No. 2 potatoes subject 

to regulation under the order and 

approximately 200 producers in the 

regulated production area. Small 

agricultural service firms are defined by 

the Small Business Administration (13 

CFR 121.201) as those having annual 

receipts of less than $6,500,000, and 

small agricultural producers are defined 

as those having annual receipts of less 

than $750,000. 

During the 2005–2006 marketing year, 

17,213,202 hundredweight of Colorado 

Area No. 2 potatoes were inspected 

under the order and sold into the fresh 

market. Based on an estimated average 

f.o.b. price of $11.45 per 

hundredweight, the Committee 

estimates that 73 Area No. 2 handlers, 

or about 91 percent, had annual receipts 

of less than $6,500,000. In view of the 

foregoing, the majority of Colorado Area 

No. 2 potato handlers may be classified 

as small entities. 

In addition, based on information 

provided by the National Agricultural 

Statistics Service, the average producer 

price for Colorado fall potatoes for 2005 

was $9.25 per hundredweight. The 

average annual fresh potato revenue for 

each of the 200 Colorado Area No. 2 

potato producers is therefore calculated 

to be approximately $796,112. 

Consequently, on average, the majority 

of the Area No. 2 Colorado potato 

producers may not be classified as small 

entities. 

Excluding round, red-skinned potato 

varieties, this rule relaxes the minimum 

grade requirement from U.S. No. 1 grade 

to U.S. Commercial grade for Area No. 

2 potatoes measuring from 1 1⁄2-inch 

minimum diameter to 2 1⁄4-inch 

maximum diameter (size B), and 1-inch 

minimum diameter to 1 3⁄4-inch 

maximum diameter. This rule also 

changes from August 25 to August 1 of 

each year the date minimum maturity 

requirements are implemented. 

Authority for this action is contained in 

§§ 948.21, 948.22, 948.40, and 948.386. 

Since the grade relaxation is expected 

to benefit producers, handlers and 

consumers, any potential impact from 

this action would be positive. By 

allowing these small potatoes to meet 

U.S. Commercial grade or better, a 

potentially greater quantity of potatoes 

will meet the order’s handling 

regulation. This is expected to translate 

into an increased market for small 

potatoes and thus greater returns for 

handlers and producers and more 

product choice for consumers. Further, 

small potatoes are a minor segment of 

the potato market served by the Area 

No. 2 production area. As such, the 

Committee believes that small potatoes 

do not compete directly with most of 

the potatoes produced in this area and 

that the grade requirement relaxation 

will not adversely effect the overall Area 

No. 2 potato market. 

Based on Committee records, roughly 

half of Area No. 2 handlers ship size B 

and smaller potatoes. Committee 

records also indicate that during the 

2004–2005 fiscal period approximately 

165,000 hundredweight (less than 1 

percent of the total shipments) of size B 

and smaller were inspected and 

shipped. As a result of this rule, the 

Committee estimates that the marketable 

supply of size B and smaller potatoes 

will increase by 23 percent and add 

37,950 hundredweight to the marketable 

supply of Area No. 2 potatoes. 

As previously noted, this relaxation 

does not affect round, red-skinned 

potatoes in the same size categories. 

These potatoes will continue to packout as U.S. No. 1 grade or better to 

satisfy the quality conscious food 

service and restaurant markets. 

The action changing the minimum 

maturity requirement implementation 

date to August 1 merely updates the 

regulations so that they are in-line with 

current cultural practices. Thus, any 

impact from this change on the 

producers, handlers, and consumers of 

Colorado potatoes is expected to be 

positive since assurance is being added 

that quality product—a product without 

undue skinning—will be packed and 

shipped into the market. The Committee 

supports the concept that a quality 

product promotes consumer confidence, 

thereby helping to protect producer 

returns. 

After discussing possible alternatives 

to this rule, the Committee determined 

that a relaxation in the grade 

requirement to U.S. Commercial grade 

or better for certain small potatoes 

would sufficiently meet the industry’s 

current needs. The relaxation in the 

grade requirement for the affected small 

potatoes is expected to provide the 

greatest benefit to the industry by 

augmenting the developing market for 

these potatoes and thereby increasing 

producer returns. During its 

deliberations, the Committee also 

considered relaxing the grade 

requirement for small, round, redskinned potato varieties. However, food 

service and restaurant market segments 

have a preference for round, redskinned potatoes and demand high 

quality potatoes (U.S. No. 1 grade or 

better). The Committee, therefore, found 

that there were no other viable 

alternatives for the grade change except 

as recommended. Lastly, the maturity 

requirement implementation date 

change merely brings the regulations inline with current cultural practices, and 

therefore, the Committee did not 

consider further alternatives to this 

recommended change. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

potato handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

AMS is committed to complying with 

the E-government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Further, the Committee’s meeting was 

widely publicized throughout the 

Colorado potato industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the August 10, 

2006, meeting was a public meeting and 

all entities, both large and small, were 

able to express their views on this issue. 

Finally, interested persons are invited to 

submit information on the regulatory 

and informational impacts of this action 

on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

This rule invites comments on a 

modification of the grade and maturity 

requirement prescribed under the 

Colorado potato marketing order. Any 

comments received will be considered 

prior to the finalization of this rule. 


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77586 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Rules and Regulations 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is hereby found 

that this interim final rule, as 

hereinafter set forth, will tend to 

effectuate the declared policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) Handlers are already 

shipping potatoes from the 2006–2007 

crop and want to take advantage of the 

grade relaxation aspect of this rule as 

soon as possible; (2) handlers are aware 

of this rule, which was recommended at 

a public meeting; and (3) this rule 

provides a 60-day comment period and 

any additional comments received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 948 is amended as 

follows: 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

■ 1. The authority citation for 7 CFR 

part 948 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 948.386, paragraphs (a)(3) and 

(a)(4), and the introductory text of 

paragraph (b) are revised to read as 

follows: 

§ 948.386 Handling regulation. 

* * * * * 

(a) * * * 

(3) 1 1⁄2-inch minimum to 2 1⁄4-inch 

maximum diameter (Size B). U.S. 

Commercial grade or better: Provided, 

That round, red-skinned varieties shall 

grade U.S. No. 1 or better. 

(4) 1-inch minimum diameter to 1 3⁄4- 

inch maximum diameter. U.S. 

Commercial grade or better: Provided, 

That round, red-skinned varieties shall 

grade U.S. No. 1 or better. 

* * * * * 

(b) Maturity (skinning) requirements. 

From August 1 through October 31 shall 

be: 

* * * * * 

Dated: December 21, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 06–9897 Filed 12–21–06; 4:59 pm] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AH98 

List of Approved Spent Fuel Storage 

Casks: HI–STORM 100 Revision 3; 

Withdrawal of Direct Final Rule 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Direct final rule; withdrawal. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is withdrawing a 

direct final rule that would have revised 

the Holtec International HI–STORM 100 

cask system listing within the ‘‘List of 

Approved Spent Fuel Storage Casks’’ to 

include Amendment No. 3 to the 

Certificate of Compliance. The NRC is 

taking this action because it has 

received significant adverse comments 

in response to the direct final rule. 

These significant adverse comments 

shall be considered as comments to the 

companion proposed rule that was 

published concurrently with the direct 

final rule. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555, telephone (301) 415–6219 (email: jmm2@nrc.gov). 

SUPPLEMENTARY INFORMATION: On 

October 16, 2006 (71 FR 60659), the 

NRC published in the Federal Register 

a direct final rule amending its 

regulations in 10 CFR 72.214 to revise 

the Holtec International HI–STORM 100 

cask system listing within the ‘‘List of 

Approved Spent Fuel Storage Casks’’ to 

include Amendment No. 3 to the 

Certificate of Compliance Number 1014 

(CoC No. 1014). Amendment No. 3 

modifies the present cask system design 

by revising: Technical Specification 

(TS) 3.1.3 to eliminate cooling of the 

Multi-Purpose Canister (MPC) cavity 

prior to reflood with water, as part of 

cask unloading operations; TS 3.3.1 to 

allow linear interpolation between 

minimal soluble boron concentrations, 

for certain fuel enrichments in the 

MPC–32/32F; Appendix B, Section 1, to 

make modifications to the definitions of 

fuel debris, damaged fuel assembly, and 

non-fuel hardware; and Appendix B, 

Section 2, to permit the storage of 

pressurized water reactor fuel 

assemblies with annular fuel pellets in 

the top and bottom 12 inches of the 

active fuel length. Amendment No. 3 

also revises CoC No. 1014 to incorporate 

minor editorial corrections. The direct 

final rule was to become effective on 

January 2, 2007. The NRC also 

concurrently published a companion 

proposed rule on October 16, 2006 (71 

FR 60672). 

In the direct final rule, NRC stated 

that if any significant adverse comments 

were received, a notice of timely 

withdrawal of the direct final rule 

would be published in the Federal 

Register and the direct final rule would 

not take effect. 

The NRC received significant adverse 

comments on the direct final rule; 

therefore, the NRC is withdrawing the 

direct final rule. These significant 

adverse comments shall be considered 

as comments to the companion 

proposed rule that was published 

concurrently with the direct final rule. 

The NRC will not initiate a second 

comment period on the companion 

proposed rule. 

Dated at Rockville, Maryland, this 14th day 

of December, 2006. 

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations. 

[FR Doc. E6–22109 Filed 12–26–06; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26675; Directorate 

Identifier 2006–NM–203–AD; Amendment 

39–14864; AD 2006–26–06] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 777–200 and –300 Series 

Airplanes Equipped with Rolls-Royce 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 777–200 and –300 series 

airplanes equipped with Rolls-Royce 

engines. This AD requires repetitive 

inspections to detect cracks of the outer 

V-blades of the thrust reverser, and 


rwilkins on PROD1PC63 with RULES