Unknown. Interim final rule

11,231 words·~51 min read·/register/2006/05/26/06-4847·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2006-05-26.xml --- 71 102 Friday, May 26, 2006 Contents Agricultural Agricultural Marketing Service RULES Spearmint oil produced in Far West, 30266-30270 E6-8105 PROPOSED RULES Blueberry promotion, research, and information order; continuance referendum, 30317-30318 E6-8101 NOTICES Agency information collection activities; proposals, submissions, and approvals, 30365-30366 E6-8104 Grade standards: Mushrooms, 30366-30367 E6-8102 Tomatoes on the vine, 30367 E6-8103 Agricultural Agricultural Research Service NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Britannia Mills Ltd., 30367 E6-8159 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Farm Service Agency See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-8139 30368-30373 E6-8140 E6-8152 E6-8155 Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Wearable tissue viability diagnostic unit, 30391 06-4880 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 30419-30420 E6-8127 E6-8128 E6-8130 National Institute for Occupational Safety and Health— Safety and Occupational Health Study Section, 30420-30421 E6-8126 Centers Centers for Medicare & Medicaid Services RULES Medicare:

State health insurance assistance program; terms and conditions, 30289-30291 06-4816 PROPOSED RULES Medicare: Ambulance services fee schedule; payment policies revisions, 30358-30364 E6-7929 NOTICES Agency information collection activities; proposals, submissions, and approvals, 30409-30410, 30421-30422 E6-7944 Medicare: Medicare Advantage Deeming Authority Program, 30422-30423 E6-8135 Meetings: Medicare program; new clinical laboratory tests for payment determinations, 30423-30424 E6-7503 Coast Guard Coast Guard PROPOSED RULES Meetings:

Transportation Worker Identification Credential Implementation in the Maritime Sector, et al., 30352-30353 06-4900 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 30376-30377 E6-8186 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Dominican Republic-Central America Free Trade Agreement; commercial availability— 100% cotton flannel fabric, 30389-30390 06-4916 Commodity Commodity Credit Corporation PROPOSED RULES Loan and purchase programs: Cotton marketing assistance loan collateral; storage, handling, and ginning requirements, 30318-30323 E6-8161 NOTICES Domestic Sugar Program: 2005-crop cane sugar and sugar beet marketing allotments and allocations, 30373-30375 06-4875 Consumer Consumer Product Safety Commission PROPOSED RULES Consumer Product Safety Act:

Substantial product hazard reports, 30350-30352 06-4888 Defense Defense Department See Army Department See Engineers Corps See Navy Department NOTICES Meetings: National Security Education Board, 30390 06-4898 06-4899 Scientific Advisory Board, 30391 06-4887 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 30395 E6-8163 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Rocky Flats, CO, 30395-30396 E6-8138 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.:

Ohio River Mainstem System Study, 30391-30393 06-4884 Environmental statements; notice of intent: Baldwin County, AL; mixed-use waterfront development, 30393-30394 06-4881 Miami-Dade County, FL; Tamiami Trail; modified water project, 30394 06-4883 EPA Environmental Protection Agency PROPOSED RULES Air programs: Stratospheric ozone protection— Foam blowing substitutes for ozone-depleting substances; data availability, 30353-30356 E6-8177 Superfund program: National oil and hazardous substances contingency plan priorities list, 30356-30358 E6-7928 NOTICES Environmental statements; availability, etc.:

Agency comment availability, 30399 E6-8147 Agency weekly receipts, 30399-30400 E6-8146 Pesticide, food, and feed additive petitions: Monsanto Co., 30400-30403 E6-8040 E6-8041 Pesticides; experimental use permits, etc.: Monsanto Co., 30403-30404 E6-8042 Superfund; response and remedial actions, proposed settlements, etc.: P & W Electric Site, TN, 30404-30405 E6-8143 Water pollution control: National Pollutant Discharge Elimination System— Outer Continental Shelf and contiguous State waters; offshore oil and gas exploration facilities; general permit reissuance, 30405 E6-8184 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Service Agency RULES Emergency Conservation Program, 30263-30266 E6-8100 FAA Federal Aviation Administration RULES Airworthiness directives:

Boeing, 30272-30281 06-4844 06-4845 06-4846 Bombardier, 30270-30271 06-4847 Empresa Brasileira de Aeronautica, S.A. (EMBRAER), 30281-30283 06-4843 PROPOSED RULES Airworthiness directives: Airbus, 30340-30343 E6-8122 Boeing, 30331-30335, 30338-30340, 30346-30350 E6-8115 E6-8120 E6-8123 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 30335-30338, 30343-30346 E6-8117 E6-8121 FCC Federal Communications Commission RULES Common carrier services: Federal State Joint Board on Universal Service— High-cost universal service support, 30298-30299 06-4856 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 30405-30408 E6-8182 Federal Emergency Federal Emergency Management Agency RULES National Flood Insurance Program:

Flood insurance claims; appeals process, 30294-30298 E6-8180 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act) and Natural Gas Policy Act: Unbundled sales service, blanket marketing certificates, and public utility market-based rate authorizations; record retention requirements; revisions, 30284-30287 E6-8098 NOTICES Complaints filed: Southwest Power Pool, Inc., 30396-30398 E6-8099 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Humboldt County, CA, 30470-30471 06-4876 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 30408 E6-8083 Formations, acquisitions, and mergers, 30408 E6-8084 Permissible nonbanking activities, 30408-30409 E6-8082 E6-8137 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 30439-30440 E6-8198 Environmental statements; availability, etc.: Incidental take permits— Bell and Coryell Counties, TX; golden-cheeked warbler and black-capped vireo; habitat conservation plan, 30440-30441 E6-8118 Mingo, Pilot Knob, and Ozark Cavefish National Wildlife Refuges, MI; comprehensive conservation plan, 30441-30442 E6-8119 Environmental statements; record of decision:

Driftless Area National Wildlife Refuge, IL, IA, and WI; comprehensive conservation plan, 30442-30443 E6-8124 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 30425-30426 E6-8125 Meetings: Medical Devices Advisory Committee; correction, 30426-30427 E6-8088 Forest Forest Service NOTICES Meetings: Eastern Washington Cascades Provincial and Yakima Provincial Advisory Committees; combined meeting, 30375 06-4878 Reports and guidance documents; availability, etc.:

Forest Service Manual; native plant material policy, 30375-30376 E6-8136 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Acquisition regulations, 30520-30545 06-4763 NOTICES Grants and cooperative agreements; availability, etc.: Embryo adoption and/or donation; public awareness projects, 30410-30419 E6-8081 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-8191 30436-30438 E6-8192 E6-8193 Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 30438-30439 E6-7871 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 30443-30444 E6-8185 Industry Industry and Security Bureau RULES Export administration regulations:

Cuba; personal baggage restrictions; revisions, 30283-30284 E6-8092 NOTICES Meetings: Regulations and Procedures Technical Advisory Committee, 30377-30378 06-4870 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— Japan, 30378 E6-8169 Individually quick frozen red raspberries from— Chile, 30378 E6-8170 Polyester staple fiber from— Taiwan, 30379 E6-8183 Small diameter seamless carbon and alloy steel standard, line and pressure pipe, from— Brazil, 30379-30383 E6-8178 Steel concrete reinforcing bars from— Turkey, 30383-30384 E6-8166 International International Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 30448-30449 E6-8093 Labor Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-8142 30449-30450 E6-8148 Land Land Management Bureau RULES Forest products sales:

Timber sales preparation, 30291-30294 E6-8109 NOTICES Coal leases, exploration licenses, etc.: Colorado, 30444 E6-8090 Desert Land Entry Classification: Idaho; termination, 30444 E6-8094 Environmental statements; availability, etc.: Powder River Federal Coal Production Region, WY; Maysdorf Coal lease application; public hearing, 30445-30446 E6-8085 Environmental statements; notice of intent: Taos Field Office, NM; resource management plan, 30446-30447 E6-8087 Oil and gas leases:

Wyoming, E6-8107 E6-8108 30447-30448 E6-8110 E6-8111 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: ALINA, 30471 E6-8199 DAUNTLESS, 30471 E6-8190 ECHO, 30472 E6-8189 KORU II, 30472 E6-8197 LIBERTY, 30472-30473 E6-8188 RUSSAMEE, 30473 E6-8187 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 30450 06-4906 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle defect proceedings; petitions, etc.:

Lamb, Brad; petition denied, 30473-30474 E6-8151 National Institute National Institute of Standards and Technology NOTICES Inventions, Government-owned; availability for licensing, 30384-30385 E6-8154 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 30427-30431 E6-8167 E6-8168 E6-8176 Meetings: National Center on Minority Health and Health Disparities, 30431 06-4893 National Institute of Allergy and Infectious Diseases, 30431-30432 06-4890 National Institute of Dental and Craniofacial Research, 30432 06-4891 National Institute on Deafness and Other Communication Disorders, 30432 06-4892 National Toxicology Program— Biomarkers for toxicology studies; workshop, 30433 E6-8172 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

West Coast States and Western Pacific fisheries— Regulations reorganization; reporting and recordkeeping requirements; CFR part added; correction, 30299 E6-8173 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 30300 06-4895 NOTICES Endangered and threatened species permit applications, determinations, etc., E6-8179 30385-30386 E6-8181 Exempted fishing permit applications, determinations, etc.; correction, 30476 C6-4414 Fishery conservation and management:

Atlantic coastal fisheries cooperative management— Atlantic striped bass, 30386-30387 06-4894 Marine mammal permit applications, determinations, etc., 30387-30388 E6-8174 National Science National Science Foundation NOTICES Meetings: GPRA Performance Assessment Advisory Committee, 30450 06-4879 National Telecommunications National Telecommunications and Information Administration NOTICES Internet domain name and addressing system; technical coordination and management; public meeting, 30388-30389 E6-8077 Navy Navy Department NOTICES Meetings:

Chief of Naval Operations Executive Panel, 30394 E6-8132 Naval Research Advisory Committee, 30394-30395 E6-8131 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 30450-30451 E6-8113 Environmental statements; availability, etc.: Nuclear Fuel Services, Inc., 30451-30452 E6-8112 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office PROPOSED RULES Pay administration:

Fair Labor Standards Act; revisions, 30301-30317 06-4886 Postal Postal Service RULES Domestic Mail Manual: Periodicals flats in mixed area distribution center bundles and sacks; new preparation, 30287-30289 E6-8091 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Great Outdoors Month (Proc. 8023), 30555-30558 06-4949 ADMINISTRATIVE ORDERS Government agencies and employees: State Department; Africa, assignment of functions relating to waivers and reports to the Secretary (Memorandum of May 18, 2006), 30553 06-4930 State Department;

Humanitarian Assistance Code of Conduct; assignment of reporting functions to the Secretary (Memorandum of May 12, 2006), 30547-30549 06-4928 Libya; certfication of rescission as a state sponsor of terrorism (Presidential Determination) No. 2006-14 of May 12, 2006, 30551 06-4929 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 30454 E6-8134 06-4889 SEC Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 30454-30455 06-4917 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 30455-30456 E6-8129 New York Stock Exchange, Inc., 30458-30461 E6-8096 New York Stock Exchange LLC, 30456-30458 E6-8095 Philadelphia Stock Exchange, Inc., 30461-30464 E6-8097 E6-8133 SBA Small Business Administration PROPOSED RULES Business loans: Premier Certified Lenders Program; loan loss reserve fund pilot programs, 30323-30331 E6-8039 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 30464-30467 E6-7995 Social security rulings and acquiescence rulings:

Evaluating tremolite asbestos-related impairments, 30467-30469 06-4855 State State Department NOTICES Reports and guidance documents; availability, etc.: United States Climate Change Science Program— Climate Change 2007; impacts, adaptation, and vulnerability; expert review request, 30469-30470 E6-8164 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 30433-30434 E6-8116 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

BNSF Railway Co., 30475 E6-8038 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Committees; establishment, renewal, termination, etc.: Trade Advisory Committee on Africa, 30452-30454 E6-8086 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Transportation Transportation Security Administration RULES Air cargo security requirements, 30478-30517 06-4800 PROPOSED RULES Meetings:

Transportation Worker Identification Credential Implementation in the Maritime Sector, et al., 30352-30353 06-4900 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 30434-30436 E6-8206 E6-8209 Separate Parts In This Issue Part II Homeland Security Department, Transportation Security Administration, 30478-30517 06-4800 Part III Health and Human Services Department, 30520-30545 06-4763 Part IV Executive Office of the President, Presidential Documents, 30547-30549, 30551, 30553 06-4928 06-4929 06-4930 Part V Executive Office of the President, Presidential Documents, 30555-30558 06-4949 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. 71 102 Friday, May 26, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 701 RIN 0560-AH43 Emergency Conservation Program AGENCY: Farm Service Agency, USDA. ACTION: Interim final rule. SUMMARY:

This interim final rule amends the regulations for the Emergency Conservation Program

(ECP)to implement provisions of the Department of Defense, Emergency Supplemental Appropriation to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Pub. L. 109-149) (2006 Act) providing assistance to nursery, oyster, and poultry producers and non-industrial private forest landowners to rehabilitate public or private oyster reefs or farmland damaged by hurricanes during calendar year 2005. Dates: This interim final rule is effective May 26, 2006. Written comments via letter, facsimile, or Internet must be received on or before June 26, 2006 in order to be assured consideration. ADDRESSES: The Farm Service Agency

(FSA)invites interested persons to submit comments on this proposed rule. Comments may be submitted by any of the following methods: • E-Mail: Send comments to *Clayton.Furukawa@wdc.usda.gov.* • Fax: Submit comments by facsimile transmission to:

(202)720-4619. • Mail: Send comments to: Clayton Furukawa, ECP Program Manager, Conservation and Environmental Programs Division, Farm Service Agency, United States Department of Agriculture, STOP 0513, 1400 Independence Avenue, SW., Washington, DC 20250-0513. • Hand Delivery or Courier: Deliver comments to: Clayton Furukawa, ECP Program Manager, Conservation and Environmental Programs Division, Farm Service Agency, United States Department of Agriculture, Rm. 4977-S., 1400 Independence Avenue, SW., Washington, DC 20250-0513 • Federal eRulemaking Portal: Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: Clayton Furukawa, ECP Program Manager, Conservation and Environmental Programs Division, USDA/FSA/CEPD/STOP 0513, 1400 Independence Avenue, SW., Washington, DC 20250-0513, telephone 202-690-0571. E-mail: *Clayton.Furukawa@wdc.usda.gov.* Discussion of Proposed Rule The ECP is an on-going program that provides cost-share assistance to farmers and ranchers to rehabilitate farmland damaged by wind erosion, floods, hurricanes, or other natural disasters, and for carrying out emergency water conservation measures during periods of severe drought. The 2006 Act provides emergency supplemental appropriations to address calendar year 2005 hurricane-related damage. Section 101 of the 2006 Act provided $199,800,000 for the ECP, to remain available until expended, to address damage from hurricanes that occurred during calendar year 2005. In addition to funding the standard benefits available under the ECP to rehabilitate certain land, the 2006 Act also authorizes certain additional assistance to certain oyster, nursery, and poultry producers and to private non-industrial forest landowners. Allocating Funds Compared to the broader ECP program, the funding provided by the 2006 Act covered both new and existing authorities. Therefore, FSA has segregated the funds made available by the 2006 Act from the broader ECP program. Requests for ECP funding for damages from hurricanes during calendar year 2005 are expected to be greater than the funds made available by the 2006 Act. As a general rule, FSA at the national level allocates ECP funds to State FSA offices, and the local FSA county committees obligate the funds on a “first-come, first-served” basis. Further, as previously indicated, the 2006 Act also provided funds to address damage to certain oyster, nursery, and poultry producers and to private non-industrial forest landowners. These new authorities are in addition to FSA's existing authority under ECP. Because FSA desired to make funds available as quickly as possible, FSA allocated certain funding for debris removal while reserving the remaining funds for the new 2006 Act authorities. The funds made available for debris removal were pro-rated based on estimates of need provided by local FSA offices. FSA did this because existing regulations address and funds for this purpose could be immediately allocated. It should be noted that the new legislation caps assistance for poultry growers who suffered uninsured losses to poultry houses to $20 million. General Provisions The 2006 Act authorizes assistance for 2005 hurricane-related damage, including claims for oyster bed refurbishing; for cleaning up structures such as barns; for removing debris such as nursery structures, shade houses, and aboveground irrigation facilities; and for removing poultry house debris, including carcasses. Also, money is authorized for certain forestry claims. The 2006 Act authorizes the funding as a result of hurricanes that occurred during the 2005 calendar year. This regulation adds special provisions for losses due to 2005 hurricanes. FSA intends to focus ECP's limited disaster recovery assistance dollars to areas that were heavily impacted by the 2005 hurricanes. At a minimum, FSA has determined that only counties that are Presidential or Secretarial declared disaster counties due to hurricane damage suffered during calendar year 2005, as well as oyster reefs that suffered damage from 2005 hurricanes, will be eligible to receive ECP assistance provided under the authorities defined by sections 701.50 through 701.57 of this rule. In order to ensure that ECP helps the most affected counties, the Deputy Administrator may further prioritize ECP hurricane assistance based upon FSA's assessment of needed recovery aid. This rule also revises 7 CFR 701.11(a)(3) to clarify that ECP assistance may be provided on land which received assistance under the Emergency Watershed Protection Program authorized by the regulations at 7 CFR part 624 only if that assistance is not for the same expenses as the ECP so as to ensure there are no duplicate payments. The regulations at 7 CFR 701.11(a)(4) prohibit duplicate payments from other programs, including the Emergency Forestry Conservation Reserve Program (EFCRP). The EFCRP was also authorized by the 2006 Act and provides funding for the rehabilitation and reforestation of certain lands damaged by the 2005 hurricanes. Oysters Existing ECP rules provide generally that land owned by State and Federal agencies is not eligible for ECP assistance. It is common for oyster beds to be publicly, as well as privately, held, and the 2006 Act provides authority to refurbish oyster beds for public and private oyster reefs. Therefore, this rule provides that publicly-held oyster beds are eligible for assistance, subject to otherwise applicable rules, including the $200,000 per “person” ECP payment limitation. As provided in the existing regulations at 7 CFR 701.1(i) and to assist with the refurbishing of public oyster beds, the Agency may enter into contracts with State agencies to perform technical assistance related to the refurbishment of public or private oyster beds. Cost-share for this relief is statutorily limited to 90 percent of the eligible costs. Oyster bed refurbishing consists of removing mud and debris from public and private oyster beds, staking out the leased areas, re-establishing the oyster beds using crushed limestone, recycled oyster shells, or other available approved cultch materials, and reseeding the oyster beds. Nursery The 2006 Act provides for assistance to nursery producers to remove debris such as nursery structures, shade houses, and above-ground irrigation facilities for participants within designated disaster counties. The statute provides that payments shall be no more than 90 percent of the lesser of the participant's actual cost or of the total allowable cost. Poultry The 2006 Act provides up to $20 million for assistance to poultry growers who suffered uninsured losses to poultry houses to reconstruct or repair their poultry houses in counties affected by hurricane during the 2005 calendar year. The 2006 Act limits assistance for poultry houses to the lesser of 50 percent of the total costs associated with the reconstruction or repair of a poultry house or $50,000 per poultry house. Poultry house assistance is further limited by the statute so that the sum of this ECP assistance and any indemnities for losses to a poultry house paid to a poultry grower may not exceed 90 percent of the total costs associated with the reconstruction or repair of a poultry house. Poultry growers will be required to certify to any insurance payments received for poultry houses damaged by hurricane during calendar year 2005 to be eligible for ECP assistance. Private Non-Industrial Forest Land The 2006 Act authorizes assistance to non-industrial private forest landowners who suffered a loss of, or damage to, at least 35 percent of forest acres on commercial forest land. Further, the producer has 5 years from the date of the loss to:

(1)Reforest the lost forest acres in accordance with a plan approved by FSA that is appropriate for the forest type;

(2)use best management practices in accordance with FSA's best management practices; and

(3)exercise stewardship on the forest land while maintaining the land in a forested state. FSA intends to use State Forester best management practices. By statute, the cost-share may not exceed 75 percent or be more than $150 per acre. The 2006 Act authorized ECP assistance to reforest and rehabilitate damaged forest land. Reforest means replanting seedlings where applicable and rehabilitate means to bring the land back into a condition to be able to reforest which may mean removing debris or site preparation, where applicable. Based on appropriate suitability, FSA will prioritize offers for forestry assistance by the type of forest in the following, descending order: Longleaf pine/Atlantic white cedar or bottomland, upland hardwood, loblolly/slash pine, mixed stand. Summary of Cost-Benefit Analysis The additions to the Emergency Conservation Program have a total funding of $199,800,000, which will remain available until expended. Given the number of affected producers, it is likely the entire amount will be expended. Technical assistance will require about 10% of total program funds, with the Forest Service likely to receive the largest share via a cooperative agreement for forestry program function. For oyster bed rehabilitation, the National Marine Fisheries Service has offered to provide technical assistance, as well as volunteer interpreters, at no cost to the Agency. Payments from the ECP directly impact the net revenue for landowners and lease holders. However, cost-share and other limitations mean that the program will not make producers whole. Nevertheless, in the aggregate, ECP payment will reduce the impact of the disaster on producers. This may reduce the likelihood of producers permanently exiting associated sectors. SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be economically significant under Executive Order 12866 and has been reviewed by the Office of Management and Budget. A Cost-Benefit Analysis

(CBA)was completed and is available from the contact person cited above. Federal Assistance Program The title and number of the Federal Assistance Program, as found in the Catalog of Federal Domestic Assistance, to which this rule applies are: Emergency Conservation Program (ECP)—10.054. Regulatory Flexibility Act This rule is not subject to the Regulatory Flexibility Act since the Farm Service Agency is not required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking for this rule. Environmental Review The environmental impacts of this rule have been considered in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 *et seq.* ; the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508); and FSA's regulations for compliance with NEPA at 7 CFR part 799. It was determined that this rule constitutes a major Federal action. The Agency has completed a final environmental impact statement assessment and record of decision which is on file and available to the public in the Administrative Record at the address specified in the, ADDRESSES section. It is also available electronically at: *http://www.fsa.usda.gov/dafp/cepd/epb/nepa.htm.* Executive Order 12372 This program is not subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. See the Notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115 (June 24, 1983). Executive Order 12612 This rule does not have Federalism implications that warrant the preparation of a Federalism Assessment. This rule will not have a substantial direct effect on States or their political subdivisions, or on the distribution of power and responsibilities among the various levels of government. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988. This interim rule is not retroactive and it does not preempt State law. Before any judicial action may be brought regarding the provisions of this rule the administrative appeal provisions of 7 CFR parts 11 and 780 must be exhausted. Unfunded Mandates Reform Act of 1995 This rule contains no Federal mandates under the regulatory provisions of Title II of the UMRA for State, local, and tribal government or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. Immediate Effect It has been determined that this rule should be made effective immediately because it would not be in the public interest to delay relief to persons affected by the hurricanes in order to provide for public notice and comment by issuing a proposed rule. However, by issuing these regulations via an interim final rule, FSA still invites comments and will consider them in the development of the final rule. Paperwork Reduction Act The Office of Management and Budget

(OMB)has approved the information collection requirements of the ECP and assigned it OMB control number 0560-0082. Government Paperwork Elimination Act FSA is committed to compliance with the Government Paperwork Elimination Act

(GPEA)and the Freedom to E-File Act, which require Government agencies in general and FSA in particular to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. The regulation is available at *http://www.fsa.usda.gov* under the heading ‘Other Partners’. Applications may be submitted at the FSA county offices, by mail or by FAX. List of Subjects in 7 CFR Part 701 Agriculture, Disaster assistance, Environmental protection, Natural resources. Accordingly, 7 CFR part 701 is amended as follows: PART 701—EMERGENCY CONSERVATION PROGRAM AND CERTAIN RELATED PROGRAMS PREVIOUSLY ADMINISTERED UNDER THIS PART 1. The authority citation for part 701 is revised to read as follows: Authority: Pub. L. 95-334, 92 Stat. 420, 16 U.S.C. 2201 et. seq.; Pub. L. 109-149, Division B, sec. 101. 2. Section 701.11(a)(3) is revised to read as follows: § 701.11 Prohibition on duplicate payments.

(a)* * *

(3)The Emergency Watershed Protection Program (EWP), provided for in 7 CFR part 624, for the same or similar expenses. 3. Add §§ 701.50 through 701.57, to read as follows: § 701.50 2005 hurricanes. In addition benefits elsewhere allowed by this part, claims related to calendar year 2005 hurricane losses may be allowed to the extent provided for in §§ 701.50 through 701.57. Such claims under those sections will be limited to losses in counties that were declared disaster counties by the President or the Secretary because of 2005 hurricanes and to losses to oyster reefs. Claims under §§ 701.51 through 701.57 shall be subject to all normal ECP limitations and provisions except as explicitly provided in those sections. § 701.51 Definitions. The following definitions apply to §§ 701.52 through 701.57: *Above-ground irrigation* facilities means irrigation pipes, sprinklers, pumps, emitters, and any other integral part of the above ground irrigation system. *Barn* means a structure used for the housing of animals or farm equipment. *Commercial forest land* means forest land with trees intended to be harvested for commercial purposes that has a productivity potential greater than or equal to 20 cubic feet per year of merchantable timber. *Date of loss* means the date the hurricane damage occurred in calendar year 2005. *Eligible county* means any county that was declared a disaster county by the President or the Secretary because of a calendar year 2005 hurricane, that otherwise meets the eligibility requirements of this part. *Forest management plan* means a plan of action and direction on forest lands to achieve a set of results usually specified as goals or objectives consistent with program policies prepared or approved by a natural resource professional, such as a State forestry agency representative. *Poultry house* means a building used to house live poultry for the purpose of commercial food production. *Private non-industrial forest land* means rural commercial forest lands with existing tree cover, or which are suitable for growing trees, that are owned by a private non-industrial forest landowner as defined in this section. *Private non-industrial forest landowner* means, for purposes of the ECP for forestry, an individual, group, association, corporation, Indian tribe, or other legal private entity owning non-industrial private forest land or who receives concurrence from the landowner for making the claim in lieu of the owner, and for practice implementation and who holds a lease on the land for a minimum of 10 years. Owners or lessees principally engaged in the primary processing of raw wood products are excluded from this definition. Owners of land leased to lessees who would be excluded under the previous sentence are also excluded. *Shade house* means a metal or wood structure covered by a material used for shade purposes. § 701.52 Availability of funding. Payments under §§ 701.53 through 701.57 are subject to the availability of funds under Public Law 109-149. § 701.53 Debris removal and water for livestock. Subject to the other eligibility provisions of this part, an ECP participant addressing damage in an eligible county from hurricanes during calendar year 2005 may be allowed up to 90 percent of the participant's actual cost or of the total allowable cost for cleaning up structures such as barns, shade houses and above-ground irrigation facilities, for removing poultry house debris, including carcasses, and for providing water for livestock. § 701.54 Oysters.

(a)Notwithstanding § 701.5(b), but otherwise subject to the other eligibility provisions of this part except as provided explicitly in this section, assistance may be made available under this section for the eligible cost of refurbishing public or private oyster reefs damaged in calendar year 2005 by a 2005 hurricane. Oyster bed refurbishing consists of removing mud from public and private oyster beds, staking out the leased areas, reestablishing the oyster beds using crushed limestone, recycled oyster shells, or other available and suitable approved cultch materials, reseeding the oyster beds, and related actions approved by FSA.

(b)Notwithstanding § 701.26, an ECP participant shall not receive more than 90 percent of the participant's actual cost or of the total allowable cost described in paragraph

(a)of this section.

(c)The provisions of § 701.26(c) limiting ECP payments to 50 percent of the agricultural value of the land do not apply to oyster bed rehabilitation and refurbishing. § 701.55 Nursery.

(a)Subject to the other eligibility provisions of this part except as provided explicitly in this section, assistance may be made available in an eligible county under this section for the cost of removing nursery debris such as nursery structures, shade houses, and above ground irrigation facilities, where such debris was created in calendar year 2005 by a 2005 hurricane.

(b)Notwithstanding § 701.26, an otherwise eligible ECP participant may be allowed up to 90 percent of the participant's actual cost or of the total allowable cost for losses described in paragraph

(a)of this section. § 701.56 Poultry.

(a)Subject to the other eligibility provisions of this part except as provided explicitly in this section, assistance may be allowed under this section for uninsured losses in calendar year 2005 to a poultry house in an eligible county due to a 2005 hurricane.

(b)Claimants under this section may be allowed an amount up to the lesser of:

(1)The lesser of 50 percent of the participant's actual or the total allowable cost of the reconstruction or repair of a poultry house, or

(2)$50,000 per poultry house.

(c)The total amount of assistance provided under this section and any indemnities for losses to a poultry house paid to a poultry grower, may not exceed 90 percent of the total costs associated with the reconstruction or repair of a poultry house.

(d)Poultry growers must provide information on insurance payments on their poultry houses. Copies of contracts between growers and poultry integrators may be required.

(e)Assistance under this section is limited to amounts necessary for reconstruction and/or repair of a poultry house to the same size as before the hurricane.

(f)Assistance is limited to poultry houses used to house poultry for commercial enterprises. A commercial poultry enterprise is one with a dedicated structure for poultry and a number of poultry that exceeds actual non-commercial uses of poultry and their products at all times, and from which poultry or related products are actually, and routinely, sold in commercial quantities for food, fiber, or eggs. Unless otherwise approved by FSA, a commercial quantity is a quantity per week that would normally exceed $100 in sales.

(g)Poultry houses with respect to which claims are made under this section must be reconstructed or repaired to meet current building standards. § 701.57 Private non-industrial forest land.

(a)Subject to the other eligibility provisions of this part except as provided explicitly in this section, assistance made available under this section with respect to private, non-industrial forest land in an eligible county for costs related to reforestations, rehabilitation, and related measures undertaken because of losses in calendar year 2005 caused by a 2005 hurricane. To be eligible, a non-industrial private forest landowner must have suffered a loss of, or damage to, at least 35 percent of forest acres on commercial forest land of the forest landowner in a designated disaster county due to a 2005 hurricane or related condition. The 35 percent loss shall be determined based on the value of the land before and after the hurricane event.

(b)During the 5-year period beginning on the date of the loss, the eligible private non-industrial forest landowner must:

(1)Reforest the eligible damaged forest acres in accordance with a forest management plan approved by FSA that is appropriate for the forest type where the forest management plan is developed by a person with appropriate forestry credentials, as determined by the Deputy Administrator;

(2)Use the best management practices included in the forest management plan; and

(3)Exercise good stewardship on the forest land of the landowner while maintaining the land in a forested state.

(c)Notwithstanding § 701.26, an ECP participant shall not receive under this section more than 75 percent of the participant's actual cost or of the total allowable cost of reforestation, rehabilitation, and related measures.

(d)Payments under this section shall not exceed a maximum of $150 per acre for any acre.

(e)Requests will be prioritized based upon planting tree species best suited to the site as stated in the forest management plan. Signed at Washington, DC, on May 19, 2006. Glen L. Keppy, Acting Administrator, Farm Service Agency. [FR Doc. E6-8100 Filed 5-25-06; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 985 [Docket No. FV06-985-2 IFR] Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Revision of the Salable Quantity and Allotment Percentage for Class 3 (Native) Spearmint Oil for the 2006-2007 Marketing Year AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule revises the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle for, producers during the 2006-2007 marketing year. This rule increases the Native spearmint oil salable quantity from 1,007,886 pounds to 1,161,260 pounds, and the allotment percentage from 46 percent to 53 percent. The marketing order regulates the handling of spearmint oil produced in the Far West and is administered locally by the Spearmint Oil Administrative Committee (Committee). The Committee recommended this rule for the purpose of avoiding extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market. DATES: Effective June 1, 2006, through May 31, 2007; comments received by July 25, 2006 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.* FURTHER INFORMATION CONTACT: Susan M. Hiller, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:

(503)326-2724, Fax:

(503)326-7440. 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 Order No. 985 (7 CFR part 985), as amended, regulating the handling of spearmint oil produced in the Far West (Washington, Idaho, Oregon, and designated parts of Nevada and Utah), 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. Under the provisions of the marketing order now in effect, salable quantities and allotment percentages may be established for classes of spearmint oil produced in the Far West. This rule increases the quantity of Native spearmint oil produced in the Far West that may be purchased from or handled for producers by handlers during the 2006-2007 marketing year, which ends on May 31, 2007. 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 section 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 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. The original salable quantity and allotment percentages for Scotch and Native spearmint oil for the 2006-2007 marketing year were recommended by the Committee at its October 5, 2005, meeting. The Committee recommended salable quantities of 878,205 pounds and 1,007,886 pounds, and allotment percentages of 45 percent and 46 percent, respectively, for Scotch and Native spearmint oil. A proposed rule was published in the **Federal Register** on February 1, 2006 (71 FR 5183). Comments on the proposed rule were solicited from interested persons until March 3, 2006. No comments were received. Subsequently, a final rule establishing the salable quantities and allotment percentages for Scotch and Native spearmint oil for the 2006-2007 marketing year was published in the **Federal Register** on April 5, 2006 (71 FR 16986). This rule revises the quantity of Native spearmint oil that handlers may purchase from, or handle for, producers during the 2006-2007 marketing year, which ends on May 31, 2007. Pursuant to authority contained in §§ 985.50, 985.51, and 985.52 of the order, the Committee, with seven of the eight members present, met on April 18, 2006, and unanimously recommended that the 2006-2007 Native spearmint oil allotment percentage be increased by 7 percent. Thus, taking into consideration the following discussion on adjustments to the Native spearmint oil salable quantity, this rule increases the 2006-2007 marketing year salable quantity and allotment percentage for Native spearmint oil to 1,161,260 pounds and 53 percent, respectively. The salable quantity is the total quantity of each class of oil that handlers may purchase from, or handle for, producers during the marketing year. The total salable quantity is divided by the total industry allotment base to determine an allotment percentage. Each producer is allotted a share of the salable quantity by applying the allotment percentage to the producer's individual allotment base for the applicable class of spearmint oil. The estimated total industry allotment base for Native spearmint oil for the 2006-2007 marketing year was established at 2,191,056 pounds. This figure represents a one percent increase over the revised 2005-2006 total allotment base. This figure is generally revised each year on June 1 due to producer base being lost due to the bona fide effort production provisions of § 985.53(e). The revision is usually minimal. By increasing the salable quantity and allotment percentage, this rule makes an additional amount of Native spearmint oil available by releasing oil from the reserve pool. When applied to each individual producer, the allotment percentage increase allows each producer to take up to an amount equal to their allotment base from their reserve for this respective class of oil. Before November 1, 2006, a producer may also transfer excess oil to another producer to enable that producer to fill a deficiency in that producer's annual allotment for this class of oil. The following table summarizes the Committee recommendation: Native Spearmint Oil Recommendation

(A)Estimated 2006-2007 Allotment Base—2,191,056 pounds. This is the estimate on which the original 2006-2007 Native spearmint oil salable quantity and allotment percentage was based.

(B)Original 2006-2007 Allotment Percentage—46 percent. This was unanimously recommended by the Committee on October 5, 2005.

(C)Original 2006-2007 Salable Quantity—1,007,886 pounds. This figure is 46 percent of the estimated 2006-2007 allotment base of 2,191,056 pounds.

(D)Increase in Allotment Percentage—7 percent. The Committee recommended a 7 percent increase at its April 18, 2006, meeting.

(E)2006-2007 Allotment Percentage—53 percent. This figure is derived by adding the increase of 7 percent to the original 2006-2007 allotment percentage of 46 percent.

(F)Calculated Revised 2006-2007 Salable Quantity—1,161,260 pounds. This figure is 53 percent of the estimated 2006-2007 allotment base of 2,191,056 pounds.

(G)Computed Increase in the 2006-2007 Salable Quantity—153,374 pounds. This figure is 7 percent of the estimated 2006-2007 allotment base of 2,191,056 pounds. In making this recommendation, the Committee considered all available information on price, supply, and demand. The Committee also considered reports and other information from handlers and producers in attendance at the meeting and reports given by the Committee manager from handlers and producers who were not in attendance. On average, handlers estimated that the demand for 2006-2007 spearmint oil is 300,000 pounds above the quantity already contracted for sale. The 2006-2007 marketing year will begin on June 1, 2006, with an estimated carry-in of 50,000 pounds of salable oil. When the estimated carry-in is added to the original 2006-2007 salable quantity of 1,007,886 pounds, a total estimated available supply for the 2006-2007 marketing year of 1,057,886 pounds results. Of this amount, 819,560 pounds of oil has already been contracted for the 2006-2007 marketing year. Additionally, an estimated deficiency of 133,800 pounds may exist from producers not producing their full salable quantity. As a result, an estimated 104,526 pounds of oil would remain uncontracted and available for sale without this increase. This increase will supply an additional 153,374 pounds of oil to the market, resulting in 257,900 pounds of oil available for contracting for 2006-2007 marketing year. The Committee was reluctant to increase the salable quantity any more due to the uncertainty of the 2006-2007 marketing year; however, the Committee believed that an increase was necessary to supply the higher quantity demanded according to their revised market estimate. Therefore, the industry may not be able to meet market demand without this increase. In addition, when the Committee made its original recommendation for the establishment of the Native spearmint oil salable quantity and allotment percentage for the 2006-2007 marketing year, it had anticipated that the year would end with an ample available supply. Based on its analysis of available information, USDA has determined that the salable quantity and allotment percentage for Native spearmint oil for the 2006-2007 marketing year should be increased to 1,161,260 pounds and 53 percent, respectively. This rule relaxes the regulation of Native spearmint oil and will allow producers to meet market demand while improving producer returns. In conjunction with the issuance of this rule, the Committee's revised marketing policy statement for the 2006-2007 marketing year has been reviewed by USDA. The Committee's marketing policy statement, a requirement whenever the Committee recommends implementing volume regulations or recommends revisions to existing volume regulations, meets the intent of § 985.50 of the order. During its discussion of revising the 2006-2007 salable quantity and allotment percentage, the Committee considered:

(1)The estimated quantity of salable oil of each class held by producers and handlers;

(2)the estimated demand for each class of oil;

(3)prospective production of each class of oil;

(4)total of allotment bases of each class of oil for the current marketing year and the estimated total of allotment bases of each class for the ensuing marketing year;

(5)the quantity of reserve oil, by class, in storage;

(6)producer prices of oil, including prices for each class of oil; and

(7)general market conditions for each class of oil, including whether the estimated season average price to producers is likely to exceed parity. Conformity with USDA's “Guidelines for Fruit, Vegetable, and Specialty Crop Marketing Orders” has also been reviewed and confirmed. The increase in the Native spearmint oil salable quantity and allotment percentage allows for anticipated market needs for this class of oil. In determining anticipated market needs, consideration by the Committee was given to historical sales, and changes and trends in production and demand. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the 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 eight spearmint oil handlers subject to regulation under the order, and approximately 59 producers of Scotch spearmint oil and approximately 88 producers of Native spearmint oil in the regulated production area. Small agricultural service firms are defined by the Small Business Administration

(SBA)(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. Based on the SBA's definition of small entities, the Committee estimates that 2 of the 8 handlers regulated by the order could be considered small entities. Most of the handlers are large corporations involved in the international trading of essential oils and the products of essential oils. In addition, the Committee estimates that 19 of the 59 Scotch spearmint oil producers and 18 of the 88 Native spearmint oil producers could be classified as small entities under the SBA definition. Thus, a majority of handlers and producers of Far West spearmint oil may not be classified as small entities. The Far West spearmint oil industry is characterized by producers whose farming operations generally involve more than one commodity, and whose income from farming operations is not exclusively dependent on the production of spearmint oil. A typical spearmint oil-producing operation has enough acreage for rotation such that the total acreage required to produce the crop is about one-third spearmint and two-thirds rotational crops. Thus, the typical spearmint oil producer has to have considerably more acreage than is planted to spearmint during any given season. Crop rotation is an essential cultural practice in the production of spearmint for weed, insect, and disease control. To remain economically viable with the added costs associated with spearmint oil production, most spearmint oil-producing farms fall into the SBA category of large businesses. Small spearmint oil producers generally are not as extensively diversified as larger ones and as such are more at risk to market fluctuations. Such small producers generally need to market their entire annual crop and do not have the luxury of having other crops to cushion seasons with poor spearmint oil returns. Conversely, large diversified producers have the potential to endure one or more seasons of poor spearmint oil markets because income from alternate crops could support the operation for a period of time. Being reasonably assured of a stable price and market provides small producing entities with the ability to maintain proper cash flow and to meet annual expenses. Thus, the market and price stability provided by the order potentially benefit the small producer more than such provisions benefit large producers. Even though a majority of handlers and producers of spearmint oil may not be classified as small entities, the volume control feature of this order has small entity orientation. This rule revises the quantity of Native spearmint oil that handlers may purchase from, or handle for, producers during the 2006-2007 marketing year, which ends on May 31, 2007. This rule increases the Native spearmint oil salable quantity from 1,007,886 pounds to 1,161,260 pounds, and the allotment percentage from 46 percent to 53 percent. An econometric model was used to assess the impact that volume control has on the prices producers receive for their commodity. Without volume control, spearmint oil markets would likely be over-supplied, resulting in low producer prices and a large volume of oil stored and carried over to the next crop year. The model estimates how much lower producer prices would likely be in the absence of volume controls. The recommended allotment percentages, upon which 2006-2007 producer allotments are based, are 45 percent for Scotch and 53 percent for Native (a 7 percentage point increase from the original salable percentage of 46 percent). Without volume controls, producers would not be limited to these allotment levels, and could produce and sell additional spearmint oil. The econometric model estimated a $1.40 decline in the season average producer price per pound (from both classes of spearmint oil) resulting from the higher quantities that would be produced and marketed if volume controls were not used (i.e., if the salable percentages were set at 100 percent). Loosening the volume control restriction by increasing the allotment percentages resulted in this revised price decline estimate of $1.40 per pound if volume controls were not used. A previous price decline estimate of $1.49 per pound was based on the 2006-2007 allotment percentages (45 percent for Scotch and 46 percent for Native) published in the **Federal Register** on April 5, 2006 (71 FR 16986). The surplus situation for the spearmint oil market that would exist without volume controls in 2006-2007 also would likely dampen prospects for improved producer prices in future years because of the buildup in stocks. The use of volume controls allows the industry to fully supply spearmint oil markets while avoiding the negative consequences of over-supplying these markets. The use of volume controls is believed to have little or no effect on consumer prices of products containing spearmint oil and will not result in fewer retail sales of such products. Based on projections available at the meeting, the Committee considered alternatives to the increase. The Committee not only considered leaving the salable quantity and allotment percentage unchanged, but also looked at various increases ranging from 0 percent to 10 percent. The Committee reached its recommendation to increase the salable quantity and allotment percentage for Native spearmint oil after careful consideration of all available information, and believes that the level recommended will achieve the objectives sought. Without the increase, the Committee believes the industry would not be able to meet market needs. This rule will not impose any additional reporting or recordkeeping requirements on either small or large spearmint oil 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. AMS is committed to compliance with the Government Paperwork Elimination Act (GPEA), which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee's meeting was widely publicized throughout the spearmint oil industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the April 18, 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 change to the salable quantity and allotment percentage for Native spearmint oil for the 2006-2007 marketing year. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the Committee's recommendation, and other information, it is 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)This rule increases the quantity of Native spearmint oil that may be marketed during the marketing year which ends on May 31, 2007;

(2)the current quantity of Native spearmint oil may be inadequate to meet demand for the 2006-2007 marketing year, thus making the additional oil available as soon as is practicable will be beneficial to both handlers and producers;

(3)the Committee recommended these changes at a public meeting and interested parties had an opportunity to provide input; and

(4)this rule provides a 60-day comment period and any comments received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 985 Marketing agreements, Oils and fats, Reporting and recordkeeping requirements, Spearmint oil. For the reasons set forth in the preamble, 7 CFR part 985 is amended as follows: PART 985—MARKETING ORDER REGULATING THE HANDLING OF SPEARMINT OIL PRODUCED IN THE FAR WEST 1. The authority citation for 7 CFR part 985 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 985.225, paragraph

(b)is revised to read as follows: Note: This section will not appear in the annual Code of Federal Regulations. § 985.225 Salable quantities and allotment percentages—2006-2007 marketing year.

(b)Class 3 (Native) oil—a salable quantity of 1,161,260 pounds and an allotment percentage of 53 percent. Dated: May 22, 2006 Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-8105 Filed 5-25-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23841; Directorate Identifier 2005-NM-214-AD; Amendment 39-14613; AD 2006-11-09] RIN 2120-AA64 Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD requires revising the Airworthiness Limitations section of the Instructions for Continuing Airworthiness of the Maintenance Requirements Manual to include revised threshold and repeat inspection intervals for the cargo door skin cut-out. This AD results from a report that a crack was discovered at the lower forward corner of a cargo door skin cut-out during fatigue testing. We are issuing this AD to detect and correct cracking in the lower forward corner of the cargo door skin cut-out, which could result in reduced structural integrity of the airplane. DATES: This AD becomes effective June 30, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 30, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Richard Beckwith, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone

(516)228-7302; fax

(516)794-5531. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

(AD)docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone

(800)647-5227) is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES section. Discussion The FAA issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. That NPRM was published in the **Federal Register** on February 9, 2006 (71 FR 6683). That NPRM proposed to require revising the Airworthiness Limitations section of the Instructions for Continuing Airworthiness of the Maintenance Requirements Manual to include revised threshold and repeat inspection intervals for the cargo door skin cut-out. Comments We provided the public the opportunity to participate in the development of this AD. We have considered the comment received. Request To Change Applicability Air Wisconsin notes that the applicability of the proposed AD includes airplanes with serial numbers 7003 and subsequent on which Bombardier Modsum TC601R16421 or TC601R16422 has not been accomplished. Air Wisconsin also notes that Modsums cannot be accomplished on in-service airplanes because in-service airplanes are modified per service bulletins, in this case Bombardier Service Bulletin 601R-53-070. Air Wisconsin states that Bombardier Service Bulletin 601R-53-070 will be released very soon to communicate in-service Modsum TC601R16422; and that the actions in that service bulletin will be terminating action for in-service airplanes. This will limit the applicability to serial number 7003 to 8129 because production Modsum TC601R16421 will be accomplished on serial number 8130 and subsequent. We infer that Air Wisconsin is requesting that we change the applicability of the proposed AD to include a reference to Bombardier Service Bulletin 601R-53-070, and to limit the affected serial numbers to 7003 through 8129 inclusive. We disagree. There may be production delays that would result in a change to those airplanes on which production Modsum TC601R16421 is accomplished in production. In addition, Bombardier Service Bulletin 601R-53-070 has not been released by Bombardier, and we cannot refer to a document that is not yet released and approved. The actions in this AD are not required if one of the Modsums has been accomplished on an airplane. Bombardier can provide methods for showing that a Modsum has been accomplished. Also, an operator may request an alternative method of compliance in accordance with the procedures in paragraph

(g)of this AD. We have not changed the AD in this regard. Conclusion We have carefully reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Cost per airplane Number of U.S.-registered airplanes Fleet cost AWL Revision 1 $65 $65 738 $47,970 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. 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. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will 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. For the reasons discussed above, I certify that this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities 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): **2006-11-09 Bombardier, Inc. (Formerly Canadair):** Amendment 39-14613. Docket No. FAA-2006-23841; Directorate Identifier 2005-NM-214-AD. Effective Date

(a)This AD becomes effective June 30, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, serial numbers 7003 and subsequent, certificated in any category; on which Bombardier Modsum TC601R16421 or TC601R16422 has not been accomplished. Unsafe Condition

(d)This AD results from a report that a crack was discovered at the lower forward corner of a cargo door skin cut-out during fatigue testing. We are issuing this AD to detect and correct cracking in the lower forward corner of the cargo door skin cut-out, which could result in reduced structural integrity of the airplane 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. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to the procedures specified in paragraph

(g)of this AD. The request should include a description of changes to the required inspections that will ensure the continued damage tolerance of the affected structure. The FAA has provided guidance for this determination in Advisory Circular

(AC)25-1529. Maintenance Requirements Manual Revision

(f)Within 30 days after the effective date of this AD, revise the Airworthiness Limitations

(AWL)section (Appendix B) of the Instructions for Continuing Airworthiness of the Canadair Regional Jet Maintenance Requirements Manual (MRM), to include the information specified in AWL Task 53-61-141 in Canadair Regional Jet Temporary Revision

(TR)2B-2109, dated October 13, 2005. Thereafter, except as provided by paragraph

(g)of this AD, no alternative structural inspection intervals may be approved for the cargo door skin cut-out. Note 2: The actions required by paragraph

(f)of this AD may be done by inserting a copy of TR 2B-2109 into the AWL section of the Canadair Regional Jet MRM. When the contents of TR have been included in general revisions of the MRM, the general revisions may be inserted in the MRM, provided the relevant information in the general revision is identical to that in TR 2B-2109. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, New York Aircraft Certification Office (ACO), 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)Canadian airworthiness directive CF-2005-05, dated February 18, 2005, also addresses the subject of this AD. Material Incorporated by Reference

(i)You must use Canadair Regional Jet Temporary Revision 2B-2109, dated October 13, 2005, Part 2, Appendix B of the Canadair Regional Jet Maintenance Requirements Manual 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 Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, 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 May 16, 2006. Kevin M. Mullin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06-4847 Filed 5-25-06; 8:45 am]

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