Unknown. Final rule

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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-2006-06-02.xml --- 71 106 Friday, June 2, 2006 Contents Administration Administration on Aging See Aging Administration Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 32092-32093 06-5056 Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.: National Minority Aging Organizations Technical Assistance Centers Program, 32093-32095 E6-8623 Agriculture Agriculture Department See Commodity Credit Corporation See Forest Service Antitrust Antitrust Division NOTICES National cooperative research notifications:

Portland Cement Association, 32127-32128 06-5037 Vehicle Infrastructure Integration Consortium, 32128 06-5036 Army Army Department See Engineers Corps Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Chesapeake Bay, VA; Norfolk Harbor, 31945-31946 E6-8545 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Chesapeake Bay, VA; fireworks, 32004-32006 E6-8553 Great Lakes, OH, MI, WI, and IL; tall ships celebration, 31999-32002 E6-8610 Port Valdez and Valdez Narrows, Valdez, AK, 32002-32004 E6-8544 NOTICES Agency information collection activities; proposals, submissions, and approvals, 32113-32114 E6-8540 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 32029-32031 E6-8558 E6-8559 Procurement list; additions and deletions; correction, 32031 E6-8561 Commodity Commodity Credit Corporation RULES Conservation Reserve Program:

Emergency Forestry Conservation Reserve Program; enrollment of private non-industrial forest land damaged by 2005 hurricanes, 31915-31918 E6-8527 Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 32059 06-5117 Customs Customs and Border Protection Bureau RULES Merchandise entry: Single entry for unassembled or disassembled entities imported on multiple conveyances, 31921-31927 E6-8498 NOTICES Automation program test: Automated Commercial Environment— Periodic monthly payment statement process available when filing entry for split shipments and unassembled or disassembled entities, 32114-32115 E6-8499 Defense Defense Department See Engineers Corps RULES Civilian health and medical program of uniformed services (CHAMPUS):

TRICARE program— Dental Program; National Defense Act changes (2005 FY), 31942-31943 06-5043 Reserve Select, Transitional Assistance Management Program; and early eligibility for certain reserve component members; requirements and procedures, 31943-31944 06-5042 NOTICES Meetings: Joint Military Intelligence College Board of Visitors, 32059 06-5041 Economic Economic Development Administration NOTICES Adjustment assistance; applications, determinations, etc.: Merritt Apples, Inc., et al., 32031-32032 06-5048 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Disability and Rehabilitation Research Projects and Centers Program, 06-4923 06-4933 06-4934 32196-32228 06-4935 Rehabilitation Engineering Research Centers Program, 32231-32242 06-4922 06-4927 06-4931 Rehabilitation Research and Training Centers Program, 32228-32231 06-4926 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; class exemptions: Retail Clerks Welfare Trust Health and Welfare Plan, 32128-32134 E6-8528 Employee benefit plans; individual exemptions:

Harris Nesbitt Corp., 32134-32142 E6-8529 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Boston Harbor Inner Harbor Maintenance Dredging Project, MA, 32059-32060 06-5058 White River Minimum Flow Reallocation Study, AR, 32060-32061 06-5057 EPA Environmental Protection Agency RULES Air programs: Fuels and fuel additives— Downstream oxygenate blending and pipeline interface; refiner and importer quality assurance requirements, 31947-31964 06-5051 PROPOSED RULES Air pollution control:

Federal and State operating permits programs; monitoring requirements; interpretation, 32006-32015 E6-8613 Air programs: Fuels and fuel additives— Downstream oxygenate blending and pipeline interface; refiner and importer quality assurance requirements, 32015-32027 06-5050 NOTICES Agency information collection activities; proposals, submissions, and approvals, 32078-32082 E6-8614 E6-8615 E6-8616 Air pollution control: California pollution control standards— Small offroad engine emission standards and test and certification procedures, 32082-32084 E6-8611 State operating permit programs— New Jersey and New York, 32084-32085 E6-8617 Environmental statements; availability, etc.:

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Eurocopter France, 31918-31919 06-5003 Class E airspace; correction, 31919-31920 06-5034 VOR Federal airways, 31920-31921 06-5035 PROPOSED RULES Airworthiness directives: International Aero Engines, 31978-31980 E6-8562 Stemme GmbH & Co., 31980-31983 E6-8609 Class E airspace, 31983-31985 06-5027 NOTICES Aeronautical land-use assurance; waivers: Lawrence Municipal Airport, MA, 32175 06-5030 Environmental statements; availability, etc.: Central Illinois Regional Airport, IL, 32175-32176 06-5031 Meetings:

RTCA, Inc., 32176 06-5029 FCC Federal Communications Commission NOTICES Common carrier services: Wireless telecommunications services— Advanced wireless services in 1710-1755 MHz and 2110-2155 MHz bands; licenses auction; correction, 32089-32091 06-5084 Federal Emergency Federal Emergency Management Agency NOTICES Privacy Act; systems of records, 32115-32117 E6-8625 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 32066-32070 E6-8576 E6-8577 E6-8578 Environmental statements; availability, etc.:

CenterPoint Energy Gas Transmission Co., 32070-32071 E6-8599 Environmental statements; notice of intent: Algonquin Gas Transmission, LLC, 32071-32073 E6-8596 Texas Eastern Transmission, LP, 32073-32075 E6-8595 Texas Gas Transmission, LLC, 32075-32077 E6-8523 Hydroelectric applications, E6-8522 32077-32078 E6-8525 *Applications, hearings, determinations, etc.:* Berrick Gold Corp. et al., 32061 E6-8601 CenterPoint Energy Gas Transmission Co., 32061 E6-8594 Cheyenne Plains Gas Pipeline Co., LLC, 32061-32062 E6-8606 Colonial Pipeline Co., 32062 E6-8600 Columbia Gas Transmission Corp., 32062-32063 E6-8605 Dow Intrastate Gas Co., 32063 E6-8602 Freebird Gas Storage, L.L.C., 32063 E6-8526 Goodman, James A., et al., 32064 E6-8524 Iroquois Gas Transmission System, L.P., 32063-32064 E6-8604 Lyonsdale Biomass, LLC, 32064 E6-8603 Maritimes & Northeast Pipeline, L.L.C., 32064-32065 E6-8597 Northwest Pipeline Corp., 32065 E6-8607 Transcontinental Gas Pipe Line Corp., 32065-32066 E6-8598 Trunkline LNG Co., LLC, 32066 E6-8608 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 32176-32177 E6-8589 Federal Housing Federal Housing Finance Board NOTICES Meetings;

Sunshine Act, 32091 06-5082 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 32142-32143 06-5114 Federal Motor Federal Motor Carrier Safety Administration NOTICES Driver qualifications; diabetes exemptions, 32177-32182 E6-8587 Driver qualifications; vision requirement exemptions, 32183-32188 E6-8588 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 32091 E6-8542 Formations, acquisitions, and mergers, 32091-32092 E6-8541 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds:

Fireman's Insurance Co. of Newark, NJ, 32191 06-5040 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Copperbelly water snake; northern distinct population segment (Michigan, Ohio, and Indiana); 5-year review, 32124-32125 E6-8565 Environmental statements; notice of intent: Humboldt-Toiyabe National Forest, CA; Paiute Cutthroat Trout Restoration Project, 32125-32126 06-4918 Marine mammal permit applications, determinations, etc.:, 32045 06-5054 Food Food and Drug Administration RULES Color additives:

Mica-based pearlescent pigments, 31927-31929 E6-8575 NOTICES Agency information collection activities; proposals, submissions, and approvals, 32095-32104 E6-8566 E6-8567 E6-8571 E6-8574 Harmonisation International Conference; guidelines availability: Q9 quality risk management, 32105-32106 E6-8573 Reports and guidance documents; availability, etc.: Chronic cutaneous ulcer and burn wounds; developing products for treatment; industry guidance, 32105 E6-8572 Forest Forest Service NOTICES Environmental statements; notice of intent:

Ochoco National Forest, OR, 32028-32029 06-5049 Meetings: Eastern Washington Cascades Provincial Advisory Committee and Yakima Provincial Advisory Committee, 32029 06-5039 Resource Advisory Committees— North Central Idaho, 32029 06-5055 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Aging Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau 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, 32118-32119 E6-8535 Grant and cooperative agreement awards: Community Outreach Partnership Centers Program, 32119-32120 E6-8533 Early Doctoral Student Research Grant Program, 32122-32123 E6-8531 Hispanic-Serving Institutions Assisting Communities Program, 32120-32121 E6-8534 Grants and cooperative agreements; availability, etc.:

Doctoral Dissertation Research Grant Program, 32121-32122 E6-8530 Homeless assistance; excess and surplus Federal properties, 32123 06-4991 Low income housing: Housing assistance payments (Section 8)— Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program (2006 FY); fair market rents, 32123-32124 E6-8532 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service PROPOSED RULES Income taxes:

Section 1248 attribution principles, 31985-31996 E6-8551 NOTICES Meetings: Taxpayer Advocacy Panels, 32191-32192 E6-8536 E6-8537 International International Trade Administration NOTICES Antidumping and countervailing duties: Administrative review requests, 32032-32033 E6-8627 Meetings: Manufacturing Council, 32044 E6-8622 *Applications, hearings, determinations, etc.:* Petroleum wax candles from— China, 32033-32044 E6-8629 International International Trade Commission NOTICES Import investigations:

Gray portland cement and cement clinker from— Japan, 32127 E6-8556 Ink cartridges and components, 32127 E6-8557 Justice Justice Department See Antitrust Division See Parole Commission Labor Labor Department See Employee Benefits Security Administration See Labor-Management Standards Office Labor Labor-Management Standards Office RULES Standards of conduct: Federal sector labor organizations, 31929-31942 E6-8626 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Snake River Birds of Prey National Conservation Area, ID; resource management plan, 32126-32127 E6-8619 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 32143 E6-8521 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Nonconforming vehicles importation eligibility determinations, 32188-32191 E6-8539 E6-8543 NIH National Institutes of Health NOTICES Meetings:

National Institute of Child Health and Human Development, 32107-32108 06-5069 National Institute of Diabetes and Digestive and Kidney Disorders, 32107 06-5068 National Institute of Neurological Disorders and Stroke, 32106-32107 06-5061 Recombinant DNA Advisory Committee, 32108 06-5060 Scientific Review Center, 06-5062 32108-32110 06-5067 Patent licenses; non-exclusive, exclusive, or partially exclusive: Profectus Biosciences, Inc., 32110 E6-8628 Reports and guidance documents; availability, etc.:

National Cancer Institute-supported biorepositories; first-generation guidelines, 32110-32111 06-5059 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Elkhorn coral and staghorn coral Correction, 31965-31977 06-4988 NOTICES Marine mammal permit applications, determinations, etc., 32044-32045 E6-8621 32045 06-5054 Marine mammals: Incidental taking; authorization letters, etc.— GX Technologies, Inc.; Beaufort and Chukchi Seas, AK; seismic surveys; small numbers of marine mammals, 32045-32059 06-5025 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 32143-32144 E6-8583 Environmental statements; availability, etc.:

Exelon Generation Co., LLC, 32144-32145 E6-8580 Meetings; Sunshine Act, 32145 06-5083 Reports and guidance documents; availability, etc.: Addition of LCO 3.0.9 on unavailability of barriers using consolidated line item improvement process; model safety evaluation, 32145-32153 06-5044 *Applications, hearings, determinations, etc.:* FirstEnergy Nuclear Operating Co. et al., 32144 E6-8581 Parole Parole Commission NOTICES Meetings; Sunshine Act, 32128 06-5081 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous materials transportation:

Infectious substances; United Nations recommendations harmonization, 32244-32263 06-4992 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Hyperion 2005 Investment Grade Opportunity Term Trust, Inc. et al., 32153-32155 E6-8548 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 32155-32156 E6-8538 Chicago Board Options Exchange, Inc., 32156-32158 E6-8552 New York Stock Exchange, LLC, 32158-32164 E6-8549 NYSE Arca, Inc., 32164-32171 E6-8547 Philadelphia Stock Exchange, Inc., 32171-32173 E6-8550 State State Department NOTICES Meetings:

President's Refugee Admissions Program (2007 FY), 32173 E6-8624 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 32111-32113 E6-8563 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: West Virginia, 31996-31999 E6-8620 TVA Tennessee Valley Authority NOTICES Environmental statements; notice of intent:

Bear Creek Dam, AL; leakage resolution, 32173-32175 E6-8564 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Transportation Transportation Security Administration RULES Air cargo security requirements Correction, 31964-31965 E6-8584 Treasury Treasury Department See Fiscal Service See Internal Revenue Service RULES Merchandise entry:

Single entry for unassembled or disassembled entities imported on multiple conveyances, 31921-31927 E6-8498 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 32117-32118 E6-8579 Veterans Veterans Affairs Department NOTICES Meetings: Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 32192 06-5026 Veteran's Disability Benefits Commission, 32192-32193 06-5070 Separate Parts In This Issue Part II Education Department, 06-4922 06-4932 06-4933 06-4934 32196-32242 06-4935 Part III Transportation Department, Pipeline and Hazardous Materials Safety Administration, 32244-32263 06-4992 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. 71 106 Friday, June 2, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1410 RIN 0560-AH44 Conservation Reserve Program—Emergency Forestry Conservation Reserve Program AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule. SUMMARY: This final rule amends the Conservation Reserve Program

(CRP)regulations to implement provisions of Public Law 109-148 (2006 Act) that provide for enrollment in the CRP of private non-industrial forest land that experienced a loss of 35 percent or more of merchantable timber in the States suffering forestry damage directly related to hurricanes Katrina, Ophelia, Rita, Dennis, and Wilma. DATES: *Effective Date:* June 1, 2006. FOR FURTHER INFORMATION CONTACT: Kiley Barnes, Conservation and Environmental Programs Division, USDA/FSA/CEPD/STOP 0513, 1400 Independence Avenue SW., Washington, DC 20250-0513, Telephone

(202)720-8772; e-mail: *kiley.barnes@wdc.usda.gov* . Persons with disabilities who require alternative means for communication (Braille, large print, audio tape, etc.) should contact the USDA Target Center at

(202)720-2600 (voice and TDD). Background Section 107 the 2006 Act amended the Food Security Act of 1985 (16 U.S.C. 3831), which provides statutory authority for the CRP, to provide for the Emergency Forestry Conservation Reserve Program (EFCRP) to enroll in the CRP private non-industrial forest land that experienced a loss of 35 percent or more of merchantable timber in the States suffering forestry damage directly related to hurricanes Katrina, Ophelia, Rita, Dennis, and Wilma. Accordingly, the CRP regulations at 7 CFR part 1410 are changed by adding a new section 1410.12. The CRP is the Nation's largest private lands conservation program. Compared to the broader CRP which targets certain cropland and marginal pastureland, the EFCRP is designed to focus on the restoration of private non-industrial forest land damaged by 2005 hurricanes. EFCRP shares with the broader CRP the authority to consider certain expected environmental benefits from enrollment. The 2006 Act also authorized an additional factor for EFCRP, mitigation of economic loss. Accordingly, which is discussed in greater detail later, when considering which offers are acceptable for enrollment, Commodity Credit Corporation

(CCC)will consider the expected environmental benefits from soil erosion prevention, water quality improvement, and wildlife habitat restoration as well as mitigation of economic loss. For purposes of eligibility, this new program is available in counties with a Presidential-or Secretarial-declared primary disaster designation due to hurricanes during the 2005 calendar year. The eligible owners and operators may enroll applicable private non-industrial forest land in the new EFCRP during calendar year 2006. Private non-industrial forest land, for purposes of EFCRP, means lands with existing tree cover that is owned by an individual, group, association, corporation, Indian tribe, or other private entity or a person who or entity who receives concurrence from the landowner for practice implementation. Offers for enrollment may be made at local Farm Service Agency

(FSA)offices through November 30, 2006. The 2006 Act requires that eligibility for enrollment is limited to owners and operators of private non-industrial forest land that have experienced a loss of 35 percent or more of merchantable timber in a county affected by hurricanes during the 2005 calendar year. All offers will be verified for eligibility. Merchantable timber is defined in the 2006 Act and in the regulations as timber on private non-industrial forest land on which the average tree has a trunk diameter of at least six inches measured at least four-and-one-half feet above the ground. Under EFCRP, contracts will be for 10 years and will become effective the first day of the month following the month of contract approval by the CCC. Therefore, EFCRP contracts will expire at the end of the month throughout the year, depending upon the month of the effective date, rather than expiring September 30 of the appropriate year as required by section 1410.7(c) and, accordingly, an exception to his requirement was made in section 1410.12(j). A conservation plan for forestry is a required component of an EFCRP contract and will include provisions for soil erosion, water quality, and wildlife habitat as well as provisions for site preparation and planting, to the maximum practicable, of native species or, if native species are not practicable, with similar species as existed prior to hurricane damage. EFCRP participants will agree to restore trees to the minimum silvicultural level established by the United States Forest Service for the purposes of the practice. As with all CRP contracts, no commercial use of the crop (timber) will be permitted during the contract period, but management activities customary with normal forestry practice such as pruning, thinning, and stand improvement will be permitted as specified in the conservation plan for the property. However, forestry maintenance such as pruning, thinning, and timber stand improvement, in accordance with a conservation plan and in exchange for an applicable reduction in the annual rental payment, as determined by the Deputy Administrator, is permitted. In determining which offers to accept, CCC will collect data on soil erosion, water quality, wildlife habitat, and mitigation of economic loss and, using a generally-applicable benefits index, CCC will determine the acceptability of all offers. Regarding the acceptability of offers for EFCRP and as previously indicated, the purposes of the EFCRP include soil erosion prevention, water quality improvement, wildlife habitat restoration, mitigation of economic loss. Accordingly, section 1410.12(g) provides that offers will be evaluated and ranked consistent with those goals. Periodically throughout calendar year 2006, CCC will aggregate the offers and select those offers deemed most desirable. A conservation plan for forestry is a required component of an EFCRP contract and will include provisions for soil erosion, water quality, and wildlife habitat as well as provisions for site preparation and planting, to the maximum practicable, of native species, or with similar species as existed prior to hurricane damages, as approved by CCC. For each EFCRP contract, the conservation plan will describe the area enrolled, how the site will be prepared, and measures for soil erosion prevention, water quality improvement and wildlife habitat restoration such as wildlife plantings and tree density reduction. In preparing the conservation plan, an assessment will be conducted of resources, environmental documentation, and a schedule outlining the specified dates for planning activities pertaining to the contract. Also included will be the maintenance requirements for the contract length such as weed control, tree thinning, and prescribed burns, if appropriate for the site. As part of the conservation plan, the type of soil on the acreage and acceptable plantings will also be considered. For offers that are not acceptable, those offers will be “grandfathered” into the next aggregation of offers. This process of evaluating offers and “grandfathering” those offers not acceptable into the next aggregation to be reviewed is scheduled to occur until the final aggregation and offer evaluation which is scheduled to occur after November 30, 2006. The 2006 Act authorized EFCRP participants the choice of receiving one discounted, lump-sum payment or annual rental payments for the duration of the contract. Total funding is $404,100,000, which will remain available until expended and includes all financial, cost-share, and technical assistance costs. As previously indicated, CCC will evaluate all offers based on four factors: Soil erosion prevention, water quality improvement, wildlife habitat restoration, and mitigation of economic loss. Soil erosion prevention and water quality improvement are inherent in any acceptable cover. Wildlife habitat restoration will be evaluated based on the type and density of tree cover that the landowner offers to restore that may be more desirable as wildlife habitat, such as planting longleaf pine and hardwoods (bottomland and upland) as opposed to other softwood species (including loblolly pine). Mitigation of economic loss is an assessment by forestry professionals of the economic loss suffered as a result of the 2005 hurricanes. The 2006 Act provided that acreage enrolled under this provision does not count towards otherwise applicable limits on the number of acres that may be enrolled in the CRP in any one county or on CRP's maximum acreage enrollment authority. Therefore, the provisions of section 1410.4 do not apply to the new EFCRP provisions which will now be codified at section 1410.12. Lump sum payments will be calculated using the Office of Management and Budget's

(OMB)2006 nominal 10-year discount rate of 5 percent published under Circular A-94, Discount Rates to Be Used in Evaluating Time-Distributed Costs and Benefits. Payments, it should be noted, are normally issued at the end of the program year. Use of a discount means that one lump-sum payment issued today will be less in absolute terms than 10 equal annual payments issued over time but are equal given the time-value of money. For example, assume a producer enrolls 10 acres into EFCRP with a rental rate of $30 per acre. Under a lump-sum payment option, the payment would be $2,317 whereas, over 10 years, an annual rental payment of $300 would produce $3,000. Other programs such as the Emergency Watershed Program authorized under regulations at 7 CFR part 624 or the Emergency Conservation Program authorized under the regulations at 7 CFR part 701 may be available for the removal of debris, downed timber, or for other purposes which are consistent with the purposes of EFCRP. If another Federal program makes a “cost-share” payment, an EFCRP participant is not eligible to receive or retain a EFCRP cost-share payment a result required by the regulations at 7 CFR 1410.40(f). Also, CCC will assure that duplicate payments are not made for the same practice under different programs. Section 1410.12(k) was added to address that issue. Cost/Benefit Analysis Summary In analyzing the economic effects of this rule two options have been examined:

(1)Using of a Benefits Index that selects participants based on economic damages, potential gully erosion, tree species to be established, and wetland acres; and

(2)targeting the funds to counties with the greatest timber damage. The full $404,100,000 appropriated would be exhausted under either scenario. FSA has chosen to use Option 1 which uses the Benefits Index to select participants for the EFCRP. Use of a Benefits Index to select participants complies with the instructions in the statute to “* * * consider an equitable balance among the purposes of soil erosion prevention, water quality improvement, wildlife habitat restoration, and mitigation of economic loss.” Under either option additional, qualitative environmental benefits are obtained from controlling invasive plant species, establishing longleaf pine stands, and restoring bottomland hardwood stands. Controlling invasive species enhances wildlife habitat, as does establishing longleaf pine and bottomland hardwood forests. Longleaf pine stands are a declining ecosystem and bottomland hardwoods restore floodplain wetlands. The Agency analysis found that use of the $404,100,000 appropriated has a 10 year discounted cost of between $353 million and $378 million. When adjusted for inflation, the cost ranges from $341 to $364 million. When the cost of EFCRP was examined under a high cost scenario, inflation adjusted, discounted costs increased approximately 3 percent, ranging from $352 to $372 million. Under the low cost scenario, inflation adjusted, discounted costs decreased approximately 5 percent, with a range between $323 million and $351 million dollars. SUPPLEMENTARY INFORMATION: Notice and Comment Section 107(a) of Division B of the 2006 Act requires that these regulations be promulgated and administered without regard to the notice and comment provisions of 5 U.S.C. 553 or the Statement of Policy of the Secretary of Agriculture effective July 24, 1971, (36 FR 13804) relating to notice and comment rulemaking and public participation in rulemaking. These regulations are thus issued as final. Executive Order 12866 This rule is Economically Significant for the purposes of Executive Order 12866 and has been reviewed by the Office of Management and Budget (OMB). A Cost/Benefit Analysis was completed and is available from the person cited above. Small Business Regulatory Enforcement Fairness Act of 1996 Section 107(a) of Division B of the 2006 Act requires that the Secretary use the authority in 5 U.S.C. 808 which allows an agency to forgo SBREFA's usual 60-day Congressional Review delay of the effective date of a major regulation if the agency finds that there is a good cause to do so. Accordingly, this rule is effective upon the date of filing for public inspection by the Office of the Federal Register. Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is not applicable to this rule since the Commodity Credit Corporation

(CCC)is not required by 5 U.S.C. 553 or any other provision of law to publish a notice of proposed rulemaking with respect to the subject matter of this rule. Environmental Review The environmental impacts of this rule have been considered in a manner that is consistent 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 the FSA regulations for compliance with NEPA, 7 CFR part 799. FSA has initiated the completion of a programmatic environmental assessment

(PEA)to determine the potential impacts of this action upon the human and natural environments. A copy of the draft and final PEA will be made available for public comment upon their completion. No contracts will be approved by the Agency until all environmental review requirements have been completed. Executive Order 12988 This final rule has been reviewed in accordance with Executive Order 12988. This final rule is not retroactive and does not pre-empt State laws. Before any judicial action may be taken with respect to the provisions of the final rule, administrative remedies at 7 CFR parts 11 and 780 must be exhausted. Executive Order 12372 This program is not subject to the provisions of 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). Unfunded Mandates Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions that impose “Federal mandates” that may result in expenditures to State, local, or tribal governments, in the aggregate, or the private sector, of $100 million or more in any 1 year. This rule contains no Federal mandates for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. Federal Domestic Assistance Program The title and number of the Federal Domestic Assistance Program, as found in the Catalog of Federal Domestic Assistance, to which this rule applies, are: Conservation Reserve Program—10.069. Paperwork Reduction Act Section 107(a) of Public Law 109-148 requires that these regulations be promulgated and administered without regard to the Paperwork Reduction Act. This means that the normal 60-day public comment period and OMB approval of the information collections required by this rule do not apply. List of Subjects in 7 CFR Part 1410 Agriculture, Disaster assistance, Forests and forest products, Grazing lands, Natural resources. Accordingly, 7 CFR part 1410 is amended as follows: PART 1410—CONSERVATION RESERVE PROGRAM 1. The authority citation for 7 CFR part 1410 continues to reads as follows: Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3801-3847. 2. Amend § 1410.2 by adding the following definitions in their appropriate alphabetical order: *Merchantable timber* means timber grown for commercial purposes on private non-industrial forest land on which the average tree has a trunk diameter of at least 6 inches measured at a point no less than 4.5 feet above the ground. *Present value* means the value of a stream of future payments discounted by 5 percent in accordance with Office of Management and Budget Circular A-94 (revised January 2006), Discount Rates to Be Used in Evaluating Time-Distributed Costs and Benefits. *Private non-industrial forest land* means, for purposes of § 1410.12, lands with existing tree cover that are owned by a private non-industrial forest landowner and which were damaged by hurricanes occurring in calendar year 2005. *Private non-industrial forest landowner* means, for purposes of § 1410.12, an individual, group, association, corporation, Indian Tribe, other legal private entity, or State School Trust, 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. Corporations whose stocks are publicly traded or owners or lessees principally engaged in the primary processing of raw wood products are excluded from this definition. An owner of land leased to a lessee shall also be excluded who should be excluded under the previous sentence. *State school trust land* means land owned by a State with the explicit purpose of supporting public schools. 3. Add § 1410.12, to read as follows: § 1410.12 Emergency Forestry Program.

(a)In addition to other allowable enrollments, certain non-industrial private forest land located in Presidential- or Secretarial-declared primary disaster counties that suffered damage from hurricanes in calendar year 2005 may be enrolled through the Emergency Forestry Conservation Reserve Program (EFCRP) provided for in this section.

(b)Owners and/or operators may enroll non-industrial private forest land, as defined in § 1410.2, in the CRP provided that the private non-industrial forest land:

(1)Has merchantable timber (timber on land on which the average tree has a trunk diameter of at least six inches measured at a point no less than four and one-half feet above the ground); and

(2)Has experienced a loss of 35 percent or more of merchantable timber in a 2005 calendar year hurricane-affected county due to 2005 hurricanes.

(c)The provisions of § 1410.4 do not apply to this section.

(d)Any overall acreage enrollment limit imposed on CRP shall not apply to acreage enrolled under this section.

(e)All participants subject to a CRP contract entered into pursuant to this section must agree:

(1)To restore the land, through site preparation and planting of, to the maximum extent practicable, native species or similar species as existing prior to hurricane damages as may be specified in the contract, and comply with other requirements as may be specified in the contract;

(2)To establish temporary vegetative cover; and

(3)That the contract term shall be for a period of 10 years, during which time standing timber may not be harvested from the enrolled land except as may be approved by CCC in the conservation plan as part of the normal maintenance of the forest land.

(f)Offers for contracts under this section shall be submitted under continuous signup provisions as authorized in § 1410.30.

(g)In evaluating contract offers to which this section applies, different factors, as determined by CCC, may be considered for priority purposes. These include but are not limited to soil erosion prevention, water quality improvement, wildlife habitat restoration, and mitigation of economic loss.

(h)In return for a contract entered into under this paragraph, a participant may opt for:

(1)Annual rental payments authorized by § 1410.42, except that the payment rate shall be equal to:

(i)The average rental rate for CRP contracts in the county in which the land is actually located; or

(ii)In the case where no CRP contracts are enrolled in a county, the average rental rate will be the CRP rate applicable to a nearby similarly-situated county.

(2)In lieu of the annual payments provided for in paragraph (h)(1) of this section, lump sum payment equal to the present value of the total amount of annual rental payments that would otherwise be paid under paragraph (h)(1) of this section.

(i)Cost-share assistance authorized under § 1410.40 may be reduced by the value of salvaged timber or timber products which are removed to prepare the site for replanting.

(j)The provisions of § 1410.7(c), which concern enrollment limits, do not apply to contracts to which this section applies.

(k)To avoid duplicate payments, participants under this section are not eligible to receive EFCRP funding for land on which the participant has or will receive funding under any other program that covers the same expenses.

(l)All other requirements of this part shall apply to enrollments under this section. Signed at Washington, DC, on May 25, 2006. Teresa C. Lasseter, Executive Vice President, Commodity Credit Corporation. [FR Doc. E6-8527 Filed 6-1-06; 8:45 am] BILLING CODE 3410-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23888; Directorate Identifier 2005-SW-03-AD; Amendment 39-14622; AD 2006-11-17] RIN 2120-AA64 Airworthiness Directives; Eurocopter France Model AS350B, BA, B1, B2, B3, C, D, and D1 Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive

(AD)for Eurocopter France (Eurocopter) Model AS350B, BA, B1, B2, B3, C, D, and D1 helicopters that have a Geneva Aviation, Inc. (Geneva) P132 console (console) installed. This AD requires installing right and left side Geneva cyclic control sticks and modifying the cyclic grips and the co-pilot cyclic stand (receptacle). This amendment is prompted by reports that pilots had restricted cyclic stick travel when using Eurocopter factory-installed cyclic sticks in a helicopter modified under a certain Supplemental Type Certificate

(STC)for the installation of a Geneva P132 console. The actions specified by this AD are intended to prevent restricting full lateral movement of the cyclic control during high lateral center of gravity

(CG)load operations in high cross winds and during slope takeoffs or landings and subsequent loss of control of the helicopter. DATES: Effective July 7, 2006. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of July 7, 2006. ADDRESSES: You may get the service information identified in this AD from Geneva Aviation, Inc., 20021-80th Ave. South, Kent, Washington 98032; telephone:

(800)546-2210; fax:

(800)546-2220; Internet: *http://www.GenevaAviation.com.* Examining the Docket You may examine the docket that contains this AD, any comments, and other information on the Internet at *http://dms.dot.gov,* or at the Docket Management System (DMS), U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, on the plaza level of the Nassif Building, Washington, DC. FOR FURTHER INFORMATION CONTACT: Vince Massey, Aviation Safety Engineer, FAA, Seattle Aircraft Certification Office, Systems and Equipment Branch, 1601 Lind Ave. SW., Renton, Washington 98055-4056; telephone

(425)917-6475, fax

(425)917-6590. SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to include an AD for the specified model helicopters was published in the **Federal Register** on February 28, 2006 (71 FR 9979). That action proposed replacing the right and left side Geneva cyclic control sticks and modifying the cyclic grips and the receptacle. Geneva has issued Service Bulletin GA107-7, dated June 14, 2005 (SB). The SB describes a condition that pilots may encounter regarding restricted cyclic control stick movement in helicopters that have a Geneva P132 console installed under STC No. SH4747NM. The Geneva center console is wider than the factory-installed Eurocopter console and may limit lateral cyclic movement under certain conditions. The SB specifies replacing the Eurocopter factory-installed pilot (right-side) cyclic stick and co-pilot (left-side) cyclic stick with a Geneva-manufactured right-side cyclic stick, part number (P/N) G12316-26, and left-side cyclic stick, P/N G12324-26. For cyclic sticks with a “Bendix” cyclic grip without any cyclic grip flange, which has a 90-degree bend at the top of the cyclic stick, the SB specifies replacing the Eurocopter factory-installed pilot and co-pilot cyclic sticks with a Geneva-manufactured right-side cyclic stick, P/N G12425-26, and left-side cyclic stick, P/N G12426-26, respectively. The SB also specifies modifying the flange at the base of the cyclic grips and the receptacle to prevent inadvertent installation of the factory original co-pilot cyclic stick. These helicopter models are manufactured in France and are type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. We have reviewed all available information and determined that AD action is necessary for products of these type designs, modified under STC No. SH4747NM, that are certificated for operation in the United States. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed. The FAA estimates that this AD will affect 122 helicopters of U.S. registry. The required actions will take about 14 work hours per helicopter to accomplish at an average labor rate of $65 per work hour. The Geneva cyclic sticks cost about $300 each or $600 per set. Geneva, the manufacturer of the console, has stated that it will supply left and right side cyclic sticks at no charge to current owners of Geneva P132 consoles, regardless of when they purchased the console. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $184,220 to do the replacements and modifications on all 122 helicopters in the fleet or $111,020 assuming the cyclic sticks are provided at no cost to operators. 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 the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the 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 an economic evaluation of the estimated costs to comply with this AD. See the DMS to examine the economic evaluation. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **2006-11-17 Eurocopter France:** Amendment 39-14622. Docket No. FAA-2006-23888; Directorate Identifier 2005-SW-03-AD. Applicability Model AS350B, BA, B1, B2, B3, C, D, and D1 helicopters, with a Geneva Aviation, Inc. (Geneva) P132 Console installed in accordance with Supplemental Type Certificate No. SH4747NM, certificated in any category. Compliance Required within 60 days, unless accomplished previously. To prevent restricting full lateral movement of the cyclic control during high lateral center of gravity

(CG)load operations in high cross winds and during slope takeoffs or landings, and subsequent loss of control of the helicopter, accomplish the following:

(a)Remove the Eurocopter France installed pilot (right-side) and co-pilot (left-side) cyclic control sticks in accordance with paragraph 2.1 of the Instructions section of Geneva Aviation, Inc. Service Bulletin GA107-7, dated June 14, 2005 (SB).

(1)Install Geneva-manufactured cyclic control sticks, part number (P/N) G12316-26 (right side) and P/N G12324-26 (left side), or

(2)For installations with a “Bendix” cyclic grip, which has a 90-degree bend at the top of the cyclic control stick, install Geneva-manufactured cyclic control sticks, P/N G12425-26 (right side) and P/N G12426-26 (left side).

(b)If the base of the cyclic grip has a flange to help support the pilot's hand, modify both the pilot and co-pilot cyclic control grips by removing a 3/8 inch section of the flange in accordance with paragraph 2.2 of the Instructions section of the SB.

(c)Modify the co-pilot cyclic control stand (receptacle) by installing a blind rivet in accordance with paragraph 2.3 of the Instructions section of the SB.

(d)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Seattle Aircraft Certification Office, FAA, ATTN: Vince Massey, 1601 Lind Ave., SW., Renton, Washington 98055-4056; telephone

(425)917-6475, fax

(425)917-6590, for information about previously approved alternative methods of compliance.

(e)Installing the cyclic stick and modifying the receptacle shall be done by following the specified portions of Geneva Service Bulletin GA107-7, dated June 14, 2005. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Geneva Aviation, Inc., 20021-80th Ave. South, Kent, Washington 98032; telephone:

(800)546-2210; fax:

(800)546-2220. Copies may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.*

(f)This amendment becomes effective on July 7, 2006. Issued in Fort Worth, Texas, on May 24, 2006. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 06-5003 Filed 6-1-06; 8:45 am]

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