Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2006-05-02.xml --- 71 84 Tuesday, May 2, 2006 Contents Agriculture Agriculture Department See Forest Service See Rural Housing Service See Rural Telephone Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 25811-25812 E6-6558 06-4103 Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcoholic beverages: Wines; labeling and advertising— Vintage date statement; minimum content requirement; amendment, 25748-25752 06-4074 Homeland Security Act; administrative changes Correction, 25752-25753 06-4073 PROPOSED RULES Alcohol; viticultural area designations:

Green Valley of Russian River Valley, Sonoma County, CA; name change, 25795-25798 E6-6538 NOTICES Agency information collection activities; proposals, submissions, and approvals, 25889-25892 E6-6542 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Meetings: Mine Safety and Health Research Advisory Committee, 25844 E6-6649 Coast Guard Coast Guard PROPOSED RULES Pollution: Ballast water treatment technology and analysis methods; research and development status, 25798-25799 E6-6628 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Engineers Corps NOTICES Meetings:

Uniform Formulary Beneficiary Advisory Panel, 25816-25817 06-4109 Travel per diem rates, civilian personnel; changes, 25817-25821 06-4110 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 25822-25823 E6-6587 Meetings: National Assessment Governing Board, 25823-25824 06-4092 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25860 E6-6600 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Hanford Site, WA, 25824 E6-6606 High Energy Physics Advisory Panel, 25824-25825 E6-6605 Engineers Engineers Corps NOTICES Environmental statements; notice of availability: Allegheny and Ohio Rivers, PA; commercial sand and gravel dredging operations, 25822 E6-6622 EPA Environmental Protection Agency RULES Air programs; State authority delegations: Texas, 25753-25759 06-4114 PROPOSED RULES Air programs; State authority delegations:

Texas, 25802-25803 06-4113 Air quality implementation plans; approval and promulgation; various States: New York, 25800-25802 E6-6618 NOTICES Air pollution control: Citizens suits; proposed settlements— Utility Air Regulatory Group, 25838-25840 E6-6619 Air programs: Fuel and fuel additives— Platinum GaSaver; registration cancellation order, 25840-25841 06-4112 Superfund; response and remedial actions, proposed settlements, etc.: Baxley Complaint Site, GA, 25841-25842 E6-6620 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Meetings;

Sunshine Act, 25842 06-4153 Farm Farm Credit System Insurance Corporation RULES Farm credit system: Golden parachute and indemnification payments Effective date, 25743 06-4095 FAA Federal Aviation Administration RULES Airworthiness directives: Bombardier, 25744-25745 06-4050 PROPOSED RULES Airworthiness directives: Air Tractor, Inc., 25793-25795 E6-6584 Cirrus Design Corp., 25785-25787 E6-6590 Eurocopter Canada Ltd., 25787-25789 E6-6589 Eurocopter France, 25789-25793 06-4107 Sikorsky, 25783-25785 E6-6586 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 25842 E6-6604 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed:

Chesapeake Transmission, LLC, et al., 25833 E6-6573 Roger & Emma Wahl et al., 25833-25834 E6-6561 Electric rate and corporate regulation combined filings, 25834-25835 E6-6571 E6-6582 Hydroelectric applications, 25835-25837 E6-6574 E6-6575 Meetings: Kinder Morgan Louisiana Pipeline, L.L.C., 25837-25838 E6-6577 National Register of Historic Places: Programmatic agreement for managing properties; restricted service list— Georgia Power Co., 25838 E6-6576 *Applications, hearings, determinations, etc.:* CenterPoint Energy - Mississippi River Transmission Corp., E6-6578 25825-25826 E6-6579 E6-6580 Columbia Gas Transmission Corp., E6-6563 25826-25827 E6-6569 Dominion Transmission, Inc., 25827 E6-6562 El Paso Natural Gas Co., 25827 E6-6568 Entrega Gas Pipeline LLC; correction, 25827-25828 E6-6572 FortisOntario, Inc. and FortisUS Energy Corp., 25828-25829 E6-6557 Golden Pass Pipeline LP, 25829-25830 E6-6581 Gulf South Pipeline Co., LP, 25830 E6-6560 MarkWest New Mexico L.P., 25830-25831 E6-6565 Mississippi Canyon Gas Pipeline, LLC, 25831 E6-6559 Rockies Express Pipeline LLC, 25831-25832 E6-6566 Stingray Pipeline Co., L.L.C., 25832 E6-6567 Texas Eastern Transmission, LP, 25832 E6-6564 Texas Gas Transmission, LLC, 25832-25833 E6-6570 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 25860-25861 06-4155 06-4156 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Commercial Driver's License Information System; modernization plan, 25885-25887 E6-6598 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 25842-25843 E6-6603 Meetings; Sunshine Act, 25843 06-4174 Fish Fish and Wildlife Service PROPOSED RULES Endangered Species Convention:

Regulations revised Correction, 25894-25910 C6-3444 Food Food and Drug Administration RULES Human drugs: Current good manufacturing practices— Investigational new drugs; Phase 1 drugs exemption; withdrawan, 25747 06-4091 NOTICES Reports and guidance documents; availability, etc.: Lecithin derived from soy; labeling of certain uses; industry guidance, 25844-25845 E6-6551 Veterinary Medicinal Products, International Cooperation on Harmonisation of Technical Requirements for Registration— Pharmacovigilance of veterinary medicinal products; data elements for submission of adverse event reports; industry guidance, 25845-25846 E6-6601 Pharmacovigilance of veterinary medicinal products; management of adverse event reports; industry guidance, 25846-25848 E6-6602 Forest Forest Service NOTICES Meetings:

Olympic Provincial Advisory Committee, 25812 06-4094 Resource Advisory Committees— Lincoln County, 25812 06-4106 Southwest Idaho, 25812 06-4056 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.: Avian influenza early warning system; infectious disease surveillance networks in affected countries; support, training and capacity building; correction, 25844 E6-6595 Homeland Homeland Security Department See Coast Guard RULES Acquisition regulations:

Revisions, 25759-25780 06-4046 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 25853-25855 E6-6544 E6-6545 Mortgage and loan insurance programs: Multifamily housing programs; basic statutory mortgage limits; adjustments, 25855 E6-6543 Public and Indian housing: Public Housing Assessment System— Financial condition scoring process; revision, 25912-25913 06-4086 Industry Industry and Security Bureau RULES Export administration regulations:

Commerce Control List— Calculating computer performance; new formula implementation; adjusted peak performance in weighted Tera/FLOPS; Bulgaria; XP and MT Controls; correction, 25746-25747 06-4123 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes: Consolidated group regulations— Tax withholding on payments to foreign persons; information reporting requirements; correction, 25747-25748 06-4088 International International Trade Administration NOTICES Antidumping:

Stainless steel wire rod from— Sweden, 25813 E6-6623 Countervailing duties: Low enriched uranium from— France, 25813 E6-6625 Welded carbon steel standard pipe from— Turkey, 25814 E6-6624 International International Trade Commission NOTICES Import investigations: Activated carbon from— China, 25858-25859 E6-6546 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 25859-25860 06-4100 Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Idaho Falls, 25855-25856 E6-6585 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25887-25888 E6-6626 E6-6627 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle theft prevention standards: Passenger motor vehicle theft data (2004 CY), 25803-25808 06-4137 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 25848-25849 06-4087 Inventions, Government-owned; availability for licensing, 25850-25853 E6-6547 E6-6549 06-4111 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Deep-water species; closure to vessels using trawl gear in Gulf of Alaska, 25781 06-4118 Northeastern United States fisheries— Loligo squid, 25781 06-4117 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands king and tanner crabs, 25808-25810 E6-6614 NOTICES Grants and cooperative agreements; availability, etc.: Climate Program, 25814-25816 06-4104 National Park National Park Service NOTICES National Register of Historic Places; pending nominations, 25856-25857 06-4126 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list, 25740-25743 06-4115 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 25782-25783 06-4116 NOTICES Agency information collection activities; proposals, submissions, and approvals, 25861-25862 E6-6633 Meetings: Reactor Safeguards Advisory Committee, 25862-25863 E6-6608 Meetings; Sunshine Act, 25863 06-4164 *Applications, hearings, determinations, etc.:* Pa’ina Hawaii, LLC, 25862 E6-6621 Personnel Personnel Management Office NOTICES Excepted service; positions placed or revoked, 25863-25865 06-4129 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Asian/Pacific American Heritage Month (Proc. 8008), 25915-25917 06-4181 Railroad Railroad Retirement Board NOTICES Privacy Act; computer matching programs, 25865-25866 E6-6594 Reclamation Reclamation Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 25857 E6-6593 Rural Rural Housing Service RULES Program regulations:

Construction and repair; surety requirements, 25739-25740 06-4089 Rural Rural Telephone Bank NOTICES Meetings; Sunshine Act, 25812-25813 06-4152 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 25866-25867 E6-6554 Self-regulatory organizations; proposed rule changes: Municipal Securities Rulemaking Board, 25867-25875 E6-6555 National Association of Securities Dealers, Inc., 25875-25878 E6-6556 E6-6597 New York Stock Exchange LLC et al, 25878-25879 E6-6596 State State Department NOTICES Culturally significant objects imported for exhibition:

Baksy Krater; correction, 25879 E6-6610 Rubens and Brueghel: A Working Friendship, 25879 E6-6609 Grants and cooperative agreements; availability, etc.: U.S.-Russia Language, Technology, Math, and Sciences Teach Program, 25879-25885 06-4122 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 25857-25858 06-4125 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Kansas City Southern Railway Co., 25888-25889 E6-6534 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 25889 E6-6552 Meetings:

Financial Literacy and Education Commission, 25889 E6-6553 Veterans Veterans Affairs Department NOTICES Meetings: Gulf War Veterans’ Illnesses Research Advisory Committee, 25892-25893 06-4124 Separate Parts In This Issue Part II Housing and Urban Development Department, 25912-25913 06-4086 Part III Executive Office of the President, Presidential Documents, 25915-25917 06-4181 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. 71 84 Tuesday, May 2, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Housing Service 7 CFR Part 1924 RIN 0575-AC63 Surety Requirements AGENCY: Rural Housing Service, USDA. ACTION: Final rule. SUMMARY: The Rural Housing Service is amending its regulations to change the threshold for surety requirements guaranteeing payment and performance from a $100,000 contract amount to the maximum Rural Development Single Family Housing area lending limit.

This limit will vary by locality. This will liberalize the requirement for surety and take into account the increased construction cost of single family homes in Rural Development's Single Family Housing Program. This will ease the burden on small contractors for whom obtaining surety is difficult and expensive, thereby reducing costs to our single family housing borrowers. On August 26, 2005 (70 FR 50222), the Rural Housing Service proposed to change the surety requirements for Single Family Housing loans under Section 502 of the Housing Act of 1949 (42 U.S.C. 1472).

The rule, open for comment for a period of 60 days, received two comments regarding its implementation in Rural Housing procedure. The first comment is in favor of this final rule, thus reinforcing the idea that reducing costs for the contractor by raising the threshold at which surety is required, ultimately benefits the borrower through greater cost savings. The second comment does not favor the proposed rule. The essence of this argument is based upon protecting federal funds, by providing surety (performance and payment bonds).

The cost of surety places a greater financial burden on the borrower, as well as making it more difficult for small contractors in rural areas to service RHS borrowers. RHS oversees the construction process until the project is complete, insuring that Federal funds are properly disbursed for the adequate amount of completed construction demonstrated by the contractor. In addition, surety requirements are not entirely eliminated in Single Family Housing. If the borrower requests surety or the loan official feels that additional security is needed for a specific project, then surety will be provided.

DATES: *Effective Date:* June 1, 2006. FOR FURTHER INFORMATION CONTACT: Michel Mitias, Technical Support Branch, Program Support Staff, Rural Housing Service, U.S. Department of Agriculture, STOP 0761, 1400 Independence Avenue, SW., Washington, DC 20250-0761; Telephone: 202-720-9653; FAX: 202-690-4335; E-mail: *michel.mitias@wdc.usda.gov.* SUPPLEMENTARY INFORMATION: Classification This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB).

Civil Justice Reform In accordance with this rule:

(1)All State and local laws and regulations that are in conflict with this rule will be preempted,

(2)no retroactive effect will be given to this rule, and

(3)administrative proceedings in accordance with 7 CFR part 11 must be exhausted before bringing suit in court challenging action taken under this rule, unless those regulations specifically allow bringing suit at an earlier time. Regulatory Flexibility Act The Administrator of the Rural Housing Service has determined that this rule will not have a significant economic impact on a substantial number of small entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). New provisions included in this rule will not impact a substantial number of small entities to a greater extent than large entities. Therefore, a regulatory flexibility analysis was not performed. Paperwork Reduction Act There are no new reporting and recordkeeping requirements associated with this rule. Unfunded Mandates Reform Act This rule contains no Federal mandates (under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995) for State, local, and tribal governments or the private sector. Thus, this rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act of 1995. Environmental Impact Statement This document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” RHS has determined that this action does not constitute a major Federal action significantly affecting the quality of the human environment, and, in accordance with the National Environmental Policy Act of 1969, Pub. L. 91-190, an Environmental Impact Statement is not required. Programs Affected The programs affected are listed in the Catalog of Federal Domestic Assistance under Number 10.410, Very Low to Moderate Income Housing Loans, and Number 10.415, Rural Rental Housing Loans. Rural Rental Housing Loans will be affected for those construction contracts above the applicable Rural Development area loan limit. Intergovernmental Review RHS conducts intergovernmental consultation in the manner delineated in RD Instruction 1940-J, “Intergovernmental Review of Rural Development Programs and Activities,” and in 7 CFR part 3015, subpart V. The Very Low to Moderate Income Housing Loans Program, Number 10.410, is not subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Rural Rental Housing Loans Program, Number 10.415, conducts intergovernmental reviews on a case-by-case basis. An intergovernmental review for this revision is not required or applicable. Background RHS administers the Direct Single Family Housing Loan and Grant program pursuant to 7 CFR part 3550, designed to assist very low and low-income households to obtain modest, decent, safe, and sanitary housing for use as permanent residences in rural areas. Direct loans may be used to buy, build, or improve the applicant's permanent residence. RHS regulations in 7 CFR part 1924, subpart A, contain requirements for construction which is funded with direct RHS loans, including direct single family housing loans. The regulation also applies to larger direct funded construction projects by other programs in the Rural Development mission area. This regulation was originally promulgated on March 13, 1987 in 52 FR 41833. One of the requirements in this regulation is that for construction work performed by the contract method (where the borrower contracts with a builder for the construction), the builder must obtain a surety bond guaranteeing payment and performance in the amount of the contract when the contract exceeds $100,000. This amount has remained unchanged since 1987. In 1987, a single family house constructed and financed under the direct single family housing loan program would not exceed $100,000. Since 1987, construction costs for single family houses financed by RHS have dramatically increased so that now construction costs frequently exceed $100,000. The requirement that builders obtain surety bonds when the construction contract exceeds $100,000 has made it difficult for contractors to compete for direct single family housing projects financed by RHS. While the regulation contains internal exceptions for the $100,000 requirement, none of these exceptions satisfactorily resolves the cost burden for builders of direct single family housing. The revision to 7 CFR 1924.6(a)(3)(i)(A) will facilitate the process of construction by raising the threshold when the contractor must acquire surety bonds. The purpose of this regulation is to revise the existing surety bond requirement for direct funded single family housing. The new threshold will be when the contract exceeds the applicable RHS area single family housing loan limit as established pursuant to 7 CFR 3550.63. The limit for any particular area is available from any Rural Development office. The provisions in 7 CFR 1924.6(a)(3)(i) that require payment and performance bonds when construction is under this threshold amount remain unchanged. RHS has determined that changing the threshold for payment and performance bonds provides for more flexibility, is locality based, borrowers are adequately protected, and housing costs are reduced. List of Subjects in 7 CFR Part 1924 Agriculture, Construction management, Construction and repair, Energy conservation, Housing, Loan programs—Agriculture, Low and moderate income housing. For the reasons set forth in the preamble, chapter XVIII, title 7, of the Code of Federal Regulations is amended as follows: PART 1924—CONSTRUCTION AND REPAIR 1. The authority citation for part 1924 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart A—Planning and Performing Construction and Other Development 2. Section 1924.6 is amended by revising paragraph (a)(3)(i)(A) to read as follows: § 1924.6 Performing development work.

(a)* * *

(3)* * *

(i)* * *

(A)The contract exceeds the applicable Rural Development Single Family Housing area loan limit as per 7 CFR 3550.63. (Loan limits are available at the local Rural Development field office.) Dated: March 30, 2006. Russell T. Davis, Administrator, Rural Housing Service. [FR Doc. 06-4089 Filed 5-1-06; 8:45 am]

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