70650 Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2006–

24696; Directorate Identifier 2006–NM–

038–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by January 2, 2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in Table 1 of this AD, certificated 

in any category. 

TABLE 1.—APPLICABILITY

EMBRAER model— As identified in—

EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP 

airplanes.

EMBRAER Service Bulletin 145–28–0028, dated November 7, 2005. 

EMB–135BJ, –135ER, –135KE, –135KL, and –135LR airplanes ........... EMBRAER Service Bulletin 145LEG–28–0030, dated April 19, 2006. 

Unsafe Condition 

(d) This AD results from a report of the 

failure of a fitting clamp of an electrical 

bonding cable for the fuel tubing. We are 

issuing this AD to prevent loss of bonding 

protection in the interior of the fuel tanks or 

adjacent areas, and a consequent potential 

source of ignition in a fuel tank and possible 

fire or explosion. 

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. 

Electrical Bonding Clamp Replacement 

(f) At the time specified in paragraph (f)(1) 

or (f)(2) of this AD, as applicable: Replace the 

electrical bonding clamps having part 

numbers AN735D6 and AN735D4 inside the 

forward fuel tank or the ventral, wing stub, 

and wing fuel tanks, and adjacent areas, as 

applicable; by accomplishing all actions 

specified in the Accomplishment 

Instructions of the applicable service bulletin 

identified in Table 2 of this AD. 

TABLE 2.—APPLICABLE SERVICE INFORMATION

For EMBRAER model— Use—

EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP 

airplanes.

EMBRAER Service Bulletin 145–28–0028, dated November 7, 2005. 

EMB–135BJ, –135ER, –135KE, –135KL, and –135LR airplanes ........... EMBRAER Service Bulletin 145LEG–28–0030, dated April 19, 2006. 

(1) For Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP 

airplanes; and Model EMB–135ER, –135KE, 

–135KL, and –135LR airplanes: Within 5,000 

flight hours after the effective date of this AD. 

(2) For Model EMB–135BJ airplanes: 

Within 4,000 flight hours or 48 calendar 

months after the effective date of this AD, 

whichever occurs first. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(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 

(h) Brazilian airworthiness directive 2006–

02–03R2, effective October 8, 2006, also 

addresses the subject of this AD. 

Issued in Renton, Washington, on 

November 20, 2006. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E6–20629 Filed 12–5–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–24448; Airspace 

Docket No. 06–AGL–02] 

Establishment of Class E Airspace; 

Mineral Point, WI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments; withdrawal. 

SUMMARY: This action withdraws the 

direct final rule, request for comment, 

published in the Federal Register 

Thursday, October 5, 2006 (71 FR 

58738). In that action, the FAA will 

establish Class E Airspace in Mineral 

Point, WI. The FAA has determined that 

withdrawal of the direct final rule is 

warranted as a result of objections 

raised during the comment period. 

DATES: Effective Date: 0901 UTC, 

January 18, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Steve Davis, FAA Terminal Operations, 

Central Service Office, Airspace and 

Procedures Branch, AGL–530, Federal 

Aviation Administration, 2300 East 

Devon Avenue, Des Plaines, Illinois 

60018; telephone (847) 294–7131. 

SUPPLEMENTARY INFORMATION: On 

October 5, 2006, a direct final rule, 

request for comment, was published in 

the Federal Register to amend Title 14 

Code of Federal Regulations (14 CFR) 

part 71 to establish Class E Airspace in 

Mineral Point, WI (71 FR 58738). As a 

result of objections raised during the 

comment period, the direct final rule is 

being withdrawn. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Withdrawal 

In consideration of the foregoing, the 

direct final rule for Federal Register 

Docket No. FAA–2006–24448, Airspace 

Docket No. 06–AGL–02, as published in 

the Federal Register on October 5, 2006 

(71 FR 58738), is hereby withdrawn. 

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

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

1963 Comp., p. 389. 

mstockstill on PROD1PC61 with RULES

Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Rules and Regulations 70651 

Issued in Fort Worth, Texas, on November 

21, 2006. 

Walter L. Tweedy, 

Acting Manager, System Support Group, ATO 

Central Service Area. 

[FR Doc. 06–9531 Filed 12–5–06; 8:45 am] 

BILLING CODE 4910–13–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2002–0058; FRL–8252–2] 

RIN 2060–AN32 

National Emission Standards for 

Hazardous Air Pollutants for Industrial, 

Commercial, and Institutional Boilers 

and Process Heaters: Reconsideration 

of Emissions Averaging Provision and 

Technical Corrections 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of final action 

on reconsideration. 

SUMMARY: EPA is promulgating 

amendments to the National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) for Industrial, Commercial, 

and Institutional Boilers and Process 

Heaters. After promulgation of this final 

rule, the Administrator received 

petitions for reconsideration of certain 

provisions in the final rule. 

Subsequently, EPA published a notice 

of the reconsideration and requested 

public comment on proposed 

amendments to the NESHAP. After 

evaluating public comments, we are 

adopting each of the amendments that 

we proposed. 

DATES: This final rule is effective on 

February 5, 2007. The incorporation by 

reference of certain publications listed 

in this final rule is approved by the 

Director of the Office of Federal 

Register as of February 5, 2007. 

ADDRESSES: EPA has established a 

docket for this action under docket ID 

No. EPA–HQ–OAR–2002–0058. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air and Radiation Docket 

and Information Center, EPA/DC, EPA 

West Building, Room B102, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Eddinger, Energy Strategies 

Group, Sector Policies and Programs 

Division (D243–01), Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number: (919) 541–5426, fax number: 

(919) 541–5450, e-mail address: 

eddinger.jim@epamail.epa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulated Entities. Categories and 

entities potentially regulated by the 

final rule: 

Category NAICS code Examples of potentially regulated 

entities 

Any industry using a boiler or process heater in the final rule ... 321 Manufacturers of lumber and wood products. 

322 Pulp and paper mills. 

325 Chemical manufacturers. 

324 Petroleum refiners and manufacturers of coal products. 

316, 326, 339 Manufacturers of rubber and miscellaneous plastic products. 

331 Steel works. 

332 Electroplating, plating, polishing, anodizing, and coloring. 

336 Manufacturers of motor vehicle parts and accessories. 

221 Electric, gas, and sanitary services. 

622 Health services. 

611 Educational Services. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this final rule. To 

determine whether your facility would 

be regulated by this final rule, you 

should carefully examine the 

applicability criteria in 40 CFR 63.7485 

of this final rule. If you have any 

questions regarding the applicability of 

this final rule to a particular entity, 

contact the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

WorldWide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of this final rule will be 

available on the WWW through the 

Technology Transfer Network Web site 

(TTN). EPA has posted a copy of the 

final rule on the TTN’s policy and 

guidance page for newly proposed or 

promulgated rules at http:// 

www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

Judicial Review. Under section 

307(b)(1) of the Clean Air Act (CAA), 

judicial review of the final rule is 

available only by filing a petition for 

review in the U.S. Court of Appeals for 

the District of Columbia Circuit by 

February 5, 2007. Under CAA section 

307(d)(7)(B), only an objection to the 

final rule that was raised with 

reasonable specificity during the period 

for public comment can be raised during 

judicial review. Moreover, under CAA 

section 307(b)(2), the requirements 

established by today’s final action may 

not be challenged separately in any civil 

or criminal proceedings brought by EPA 

to enforce these requirements. 

Background Information Document. 

EPA proposed and provided notice of 

the reconsideration of the NESHAP for 

industrial, commercial, and institutional 

boilers and process heaters on October 

31, 2005 (70 FR 62264) and received 17 

comment letters on the proposal. A 

memorandum ‘‘National Emission 

Standards for Hazardous Air Pollutants 

for Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters, Summary of Public Comments 

and Responses to GE Petition and 

Reconsideration of the Final Rule,’’

containing EPA’s responses to each 

public comment is available in Docket 

No. EPA–HQ–OAR–2002–0058. 

mstockstill on PROD1PC61 with RULES