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Code · REGISTER · 2006-06-21 · PROPOSED RULES · Agricultural Agricultural Marketing Service RULES Olives grown in California, 35493-35495 E6-9724 PROPOSED RULES Cherries (tart) grown in Michigan, et al., 35562-35564 E6-9727 Agriculture Agriculture · Unknown

Unknown. Final rule

15,964 words·~73 min read·/register/2006/06/21/06-5532

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-2006-06-21.xml --- 71 119 Wednesday, June 21, 2006 Contents Agricultural Agricultural Marketing Service RULES Olives grown in California, 35493-35495 E6-9724 PROPOSED RULES Cherries
(tart)grown in Michigan, et al., 35562-35564 E6-9727 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service RULES Organization, functions, and authority delegations: Under Secretary for Farm and Foreign Agricultural Services et al., 35491 E6-9614 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 35702-35704 E6-9696 E6-9697 E6-9698 E6-9699 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Japanese beetle, 35491-35493 E6-9728 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 35687 E6-9701 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Cooper River, SC, 35539-35541 E6-9815 Skull Creek, Hilton Head, SC, 35537-35539 E6-9801 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 35608-35610 E6-9685 E6-9686 E6-9687 Commodity Commodity Futures Trading Commission NOTICES Reports and guidance documents; availability, etc.: Commitments of Traders Reporting Program; comprehensive review, 35627-35632 E6-9722 Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 35689-35690 E6-9759 Defense Defense Department RULES Civilian health and medical program of uniformed services (CHAMPUS): TRICARE program— Reserve Select; requirements and procedures revision, 35527-35537 06-5490 NOTICES Privacy Act; systems of records, 35632-35633 06-5551 Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements: Evans, Mark C., D.D.S., 35704-35705 E6-9708 Kennedy, John H., M.D., 35705-35710 E6-9706 McBride Marketing, 35710-35711 E6-9707 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 35633-35634 E6-9716 E6-9717 Employment Employment and Training Administration RULES Administrative procedure: Regulation review; technical amendments, 35511-35524 06-5292 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Biological and Environmental Research Advisory Committee, 35634-35635 E6-9735 EPA Environmental Protection Agency RULES Hazardous waste: Project XL Program; site-specific projects— New England University Laboratories XL Project, MA and VT; expiration date extended, 35547-35550 E6-9754 Organization, functions, and authority delegations: Change of Address for Pesticide Programs Office; technical amendments, 35543-35547 E6-9750 PROPOSED RULES Hazardous waste: Project XL Program; site-specific projects— New England University Laboratories XL Project, MA and VT; expiration date extended, 35593-35594 E6-9753 NOTICES Agency information collection activities; proposals, submissions, and approvals, 35652-35662 06-5533 Committees; establishment, renewal, termination, etc.: Scientific Counselors Board, 35662 E6-9752 Grants and cooperative agreements; availability, etc.: Tribal pesticide and special projects, 35662-35663 E6-9751 Meetings: Science Advisory Board, 35663-35664 E6-9749 Pesticide, food, and feed additive petitions: Syngenta Crop Protection, 35671-35673 E6-9281 Pesticide programs: Risk assessments— Propazine, 35666-35668 E6-9470 Triazine, 35664-35666 06-5456 Pesticide registration, cancellation, etc.: 4-(2-methyl-4-chlorophenoxy) butyric acid, 35668-35669 E6-9657 Simazine, 35669-35671 E6-9462 Executive Executive Office for Immigration Review RULES Immigration: Affidavits of support on behalf of immigrants, 35732-35757 06-5522 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 35673 06-5539 FAA Federal Aviation Administration RULES Airmen certification: Airman and medical certificate holders; disqualification based on alcohol violations and refusals to submit to drug or alcohol testing, 35760-35765 E6-9814 Airworthiness directives: Airbus, 35507-35509 06-5530 Pacific Aerospace Corp. Ltd., 35509-35511 06-5529 Pilatus Aircraft Ltd., 35502-35505 06-5532 Rolls-Royce Corp., 35505-35507 06-5547 Airworthiness standards: Special conditions— Rickenbacker Avionics; Rockwell Twin Commander Model 690B airplanes, 35500-35502 E6-9818 PROPOSED RULES Airworthiness directives: Airbus, 35575-35578 E6-9715 Boeing, 35581-35584 E6-9721 Fokker, 35572-35575 E6-9714 McDonnell Douglas, 35578-35581 E6-9718 Airworthiness standards: Special conditions— Boeing Model 777-200 series airplanes, 35567-35572 E6-9819 FCC Federal Communications Commission RULES Common carrier services: Broadcasting satellite service allocation; frequency bands above 28 MHz; partial reconsideration petition denied, 35550-35553 E6-9592 Individuals with hearing and speech disabilities; telecommunications relay services and speech-to-speech services, 35553-35555 E6-9795 Radio stations; table of assignments: Alabama, 35556-35557 E6-9742 Alabama and Tennessee, 35556 E6-9741 Arkansas and Missouri, 35557 E6-9471 Maryland, 35556 E6-9473 Mississippi, 35557-35558 E6-9472 PROPOSED RULES Practice and procedure: Benefits reserved for designated entities; competitive bidding rules and procedures, 35594-35599 E6-9593 NOTICES Agency information collection activities; proposals, submissions, and approvals, 35673-35675 E6-9738 E6-9739 E6-9740 Common carrier services: Spectrum Sharing Innovation Test-Bed Program; creation; comment request, 35675-35677 E6-9497 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 35643-35645 E6-9760 Environmental statements; availability, etc.: South Carolina Electric & Gas Co, 35645 E6-9764 Hydroelectric applications, 35645-35651 E6-9762 E6-9763 E6-9773 E6-9774 E6-9775 E6-9789 Meetings: Transcontinental Gas Pipe Line Corp., 35651-35652 E6-9761 *Applications, hearings, determinations, etc.:* Centennial Power, Inc., et al., 35635 E6-9771 Crossroads Pipeline Co., 35635 E6-9782 DC Energy Midwest, LLC, et al., 35635-35636 E6-9792 Distrigas of Massachusetts LLC, 35636 E6-9780 El Paso Natural Gas Co., 35636 E6-9777 Energy Resource Management Corp., 35637 E6-9791 Florida Gas Transmission Co., 35637-35638 E6-9779 E6-9781 Gas Transmission Northwest Corp., 35638 E6-9770 Minnesota Energy Resources Corp., 35638-35639 E6-9794 Mojave Pipeline Co, 35639 E6-9784 Northern Natural Gas Co., 35639 E6-9778 Northern States Power Co. et al., 35639-35640 E6-9787 Northwest Pipeline Corp., 35640-35641 E6-9785 E6-9788 Ohio Valley Electric Corp. and Indiana-Kentucky Electric Corp., 35641 E6-9793 Rockies Express Pipeline LLC, 35641-35642 E6-9765 Transcontinental Gas Pipe Line Corp., 35642 E6-9786 U.S. Bank National Association and James A. Goodman, 35642-35643 E6-9790 Xcel Energy Services Inc., 35643 E6-9772 Federal Housing Federal Housing Finance Board RULES Federal home loan bank system: Data reporting requirements, 35495-35500 E6-9756 NOTICES Agency information collection activities; proposals, submissions, and approvals, 35677-35678 E6-9755 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 35678 E6-9743 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 35716 06-5594 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Commercial Driver's License Standards; Isuzu Motors America, Inc., exemption applications, 35725-35727 E6-9684 Privacy Act; system of records, 35727-35728 E6-9732 Federal Railroad Federal Railroad Administration NOTICES Privacy Act; system of records, 35728-35729 E6-9733 Federal Reserve Federal Reserve System PROPOSED RULES Currency and foreign transactions; financial reporting and recordkeeping requirements: Bank Secrecy Act— Funds transfers and transmittal (wire transfers); transmittal orders by financial institutions, 35564-35567 06-5567 NOTICES Banks and bank holding companies: Change in bank control, 35678-35679 E6-9737 Formations, acquisitions, and mergers, 35679 E6-9736 Reports and guidance documents; availability, etc.: Intraday liquidity management and payment system risk policy, 35679-35687 06-5538 FTC Federal Trade Commission PROPOSED RULES Appliances, consumer, energy consumption and water use information in labeling and advertising: Ceiling fans; appliance labeling, 35584-35592 06-5591 Fish Fish and Wildlife Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Copper River and Cable Creek; fish and shellfish; subsistence taking; seasonal adjustments, 35541-35543 06-5499 PROPOSED RULES Migratory bird permits: Falconry and raptor propagation regulations; draft environmental assessment availability, 35599-35600 E6-9725 NOTICES Agency information collection activities; proposals, submissions, and approvals, 35690-35691 E6-9734 Comprehensive conservation plans; availability, etc.: Alligator River National Wildlife Refuge, NC, 35691-35692 06-5544 Endangered and threatened species and marine mammal permit applications, determinations, etc., 35692 E6-9726 Food Food and Drug Administration NOTICES Meetings: Medical devices; public workshop, 35687-35688 06-5570 Reports and guidance documents; availability, etc.: Early food safety evaluation recommendations for new non-pesticidal proteins produced by new plant varieties intended for food use, 35688-35689 E6-9688 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California, 35610-35611 E6-9820 Medline Industries, Inc.; medical supply distribution facility, 35610 E6-9799 Nevada, 35611 E6-9821 New Jersey, 35611-35612 E6-9822 Texas Academy Sports and Outdoors; apparel, footwear, and sporting goods warehousing and distribution facilities, 35612-35613 E6-9823 Forest Forest Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Copper River and Cable Creek; fish and shellfish; subsistence taking; seasonal adjustments, 35541-35543 06-5499 NOTICES Environmental statements; notice of intent: Plumas National Forest, CA, 35607-35608 06-5546 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 35687 E6-9769 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration NOTICES Scientific misconduct findings; administrative actions: Leadon, Steven Anthony, Ph.D.; correction, 35730 C6-5204 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See U.S. Citizenship and Immigration Services Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service RULES Income taxes: Foreign and foreign-owned domestic corporations; required information returns, 35524-35527 E6-9612 PROPOSED RULES Income taxes: Foreign and foreign-owned domestic corporations; required information returns; cross-reference, 35592-35593 E6-9611 International International Trade Administration NOTICES Antidumping: Petroleum wax candles from— China, 35613-35616 E6-9800 Polyvinyl alcohol from— China, 35616-35617 E6-9766 Stainless steel sheet and strip in coils from— Mexico, 35618-35624 E6-9768 Meetings: United States Travel and Tourism Advisory Board, 35618 06-5542 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Executive Office for Immigration Review See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 35701 06-5565 Pollution control; consent judgments: Oxy Vinyls, L.P., 35701-35702 06-5566 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 35711-35712 06-5564 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 35712-35716 E6-9709 E6-9710 E6-9711 E6-9712 E6-9713 Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 35692-35698 06-5552 06-5553 06-5554 06-5555 06-5556 06-5557 06-5558 06-5559 Oil and gas leases: New Mexico, 35699 E6-9700 06-5543 Realty actions; sales, leases, etc.: Arizona, 35699-35701 E6-9654 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Highway National Highway Traffic Safety Administration RULES Vehicle safety hotline; technical amendment, 35558-35560 E6-9582 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies, 35600-35606 06-5537 NOTICES Exempted fishing permit applications, determinations, etc., 35624-35625 E6-9702 Meetings: Mid-Atlantic Fishery Management Council, 35626 E6-9703 Reports and guidance documents; availability, etc.: U.S. Climate Change Science Program Synthesis and Assessment Product Prospectus, 35626-35627 E6-9744 E6-9745 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 35716-35717 E6-9704 E6-9719 E6-9720 Patent Patent and Trademark Office NOTICES Patents: Human drug products; interim term extensions— PolyHeme, 35627 E6-9767 Personnel Personnel Management Office PROPOSED RULES Awards: Performance-based cash awards programs; revisions, 35561-35562 E6-9797 Presidential Presidential Documents ADMINISTRATIVE ORDERS Government agencies and employees: Defense, Department of; assignment of war reserves stockpile transfer function to the Secretary (Memorandum of May 18), 35767-35769 06-5613 SEC Securities and Exchange Commission RULES Emergency conditions; organization and operation plan Correction, 35730 C6-5232 NOTICES Agency information collection activities; proposals, submissions, and approvals, 35717-35718 E6-9689 06-5541 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 35718-35720 E6-9692 National Association of Securities Dealers, Inc., 35720-35723 E6-9691 E6-9723 New York Stock Exchange, Inc., 35723-35724 E6-9695 Philadelphia Stock Exchange, Inc., 35724 E6-9690 State State Department NOTICES Meetings: International Telecommunications Advisory Committee, 35724-35725 E6-9757 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration RULES Organization, functions, and authority delegations: Research and Innovative Technology Administrator, Federal Highway Administrator, Federal Railroad Administrator, et al. Correction, 35558 E6-9731 NOTICES Aviation proceedings: Agreements filed; weekly receipts, 35725 E6-9730 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 35725 E6-9729 Treasury Treasury Department See Internal Revenue Service PROPOSED RULES Currency and foreign transactions; financial reporting and recordkeeping requirements: Bank Secrecy Act— Funds transfers and transmittal (wire transfers); transmittal orders by financial institutions, 35564-35567 06-5567 MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services RULES Immigration: Affidavits of support on behalf of immigrants, 35732-35757 06-5522 Separate Parts In This Issue Part II Homeland Security Department, U.S. Citizenship and Immigration Services; Justice Department, Executive Office for Immigration Review, 35732-35757 06-5522 Part III Transportation Department, Federal Aviation Administration, 35760-35765 E6-9814 Part IV Executive Office of the President, Presidential Documents, 35767-35769 06-5613 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. 71 119 Wednesday, June 21, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 RIN 0560-AH51 Revisions of Delegations of Authority AGENCY: Office of the Secretary, Department of Agriculture (USDA). ACTION: Final rule. SUMMARY: USDA amends the delegations of authority from the Secretary of Agriculture to the Under Secretary for Farm and Foreign Agricultural Services and to the Administrator, Farm Service Agency, for technical assistance determinations for the Conservation Reserve Program. DATES: This rule is effective June 21, 2006. FOR FURTHER INFORMATION CONTACT: Robert Stephenson, Director, Conservation and Environmental Programs Division, Farm Service Agency, USDA/FSA/STOP 0513, 1400 Independence Avenue, SW., Washington, DC 20250-0513,
(202)720-6221. SUPPLEMENTARY INFORMATION: The Secretary of Agriculture previously delegated authority under the Food Security Act of 1985, as amended (16 U.S.C. 1231 *et seq.* ), for the Conservation Reserve Program
(CRP)to the Under Secretary for Farm and Foreign Agricultural Services
(FFAS)under the regulations at 7 CFR 2.16(a)(1)(xviii), and the Under Secretary, FFAS, delegated authority to the Administrator, Farm Service Agency (FSA), under the regulations at 7 CFR 2.42(a)(20). Authority was also delegated for the administration of technical assistance for the Conservation Reserve Program to the Under Secretary for Natural Resources and the Environment
(NRE)under the regulations at 7 CFR 2.20(a)(2)(xx) and 2.20(a)(3)(xiii)(B). The Under Secretary, NRE, delegated authority for the administration of technical assistance for the Conservation Reserve Program to the Chief, Forest Service, under the regulations at 7 CFR 2.60(a)(20) and to the Chief, Natural Resources Conservation Service, under the regulations at 7 CFR 2.61(a)(13)(ii). This rule delegates from the Secretary, to the Under Secretary, FFAS, and from the Under Secretary, FFAS, to the Administrator, FSA, the authority to implement technical assistance with respect to the Conservation Reserve Program. The delegations of authority from the Secretary to the Under Secretary, NRE, and from the Under Secretary, NRE, to the Chief, Forest Service, and to the Chief, Natural Resources Conservation Service, are not changed by this rule. This rule relates to internal agency management. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required, and this rule may be made effective less than 30 days after publication in the **Federal Register** . Further, because this rule relates to internal agency management, it is exempt from the provisions of Executive Order Nos. 12291 and 12866. Finally, this action is not a rule as defined by the Regulatory Flexibility Act, Public Law 96-354 *et seq.* , and is therefore exempt from the provisions of that Act. List of Subjects in 7 CFR Part 2 Administrative practice and procedure, Authority delegations—Government agencies. Accordingly, Title 7 of the Code of Federal Regulations is amended as follows: PART 2—DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT 1. The authority citation for 7 CFR part 2 continues to read as follows: Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953; 3 CFR 1949-1953 Comp., p. 1024. Subpart C—Delegations of Authority to the Deputy Secretary and to the Under Secretaries and Assistant Secretaries 2. In § 2.16, paragraph (a)(1)(xviii) is revised to read as follows: § 2.16 Under Secretary for Farm and Foreign Agricultural Services.
(a)* * *
(1)* * * (xviii) Formulate and carry out the Conservation Reserve Program, including the implementation of technical assistance, under the Food Security Act of 1985, as amended (16 U.S.C. 1231 *et seq.* ). 3. In § 2.42, paragraph (a)(20) is revised read as follows: § 2.42 Administrator, Farm Service Agency.
(a)* * *
(20)Formulate and carry out the Conservation Reserve Program, including the implementation of technical assistance, under the Food Security Act of 1985, as amended (16 U.S.C. 1232 *et seq.* ). For Part 2, Subpart C, Paragraph 2.16(a)(1)(xviii): Dated: June 14, 2006. Michael Johanns, Secretary of Agriculture. For Part 2, Subpart C, Paragraph 2.42(a)(20): Dated: June 13, 2006. J.B. Penn, Under Secretary for Farm and Foreign Agricultural Services. [FR Doc. E6-9614 Filed 6-20-06; 8:45 am] BILLING CODE 3410-01-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2006-0081] Japanese Beetle; Addition of Iowa to the List of Quarantined States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Japanese beetle quarantine and regulations to add the State of Iowa to the list of quarantined States. This action is necessary to prevent the artificial spread of Japanese beetle into noninfested areas of the United States. DATES: This interim rule is effective June 21, 2006. We will consider all comments that we receive on or before August 21, 2006. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov* and, in the lower “Search Regulations and Federal Actions” box, select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click on “Submit.” In the Docket ID column, select APHIS-2006-0081 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS-2006-0081, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2006-0081. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call
(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov.* FOR FURTHER INFORMATION CONTACT: Dr. S. Anwar Rizvi, Program Manager, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;
(301)734-4313. SUPPLEMENTARY INFORMATION: Background The Japanese beetle ( *Popillia japonica* ) feeds on fruits, vegetables, and ornamental plants and is capable of causing damage to over 300 potential hosts. The Japanese beetle quarantine and regulations, contained in 7 CFR 301.48 through 301.48-8 (referred to below as the regulations), quarantine the States of Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and the District of Columbia and restrict the interstate movement of aircraft from regulated airports in these States in order to prevent the artificial spread of the Japanese beetle to noninfested States where the Japanese beetle could become established (referred to below as protected States). The list of quarantined States, as well as the list of protected States, can be found in § 301.48. The Japanese beetle is active during daylight hours only. Under § 301.48-2 of the regulations, an inspector of the Animal and Plant Health Inspection Service (APHIS) may designate any airport within a quarantined State as a regulated airport if he or she determines that adult populations of Japanese beetle exist during daylight hours at the airport to the degree that aircraft using the airport constitute a threat of artificially spreading the Japanese beetle and aircraft destined for any of the nine protected States (Arizona, California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, and Washington) may be leaving the airport. Also, under § 301.48-4 of the regulations, aircraft from regulated airports may move interstate to a protected State only if:
(1)An inspector, upon visual inspection of the airport and/or the aircraft, determines that the aircraft does not present a threat of artificially spreading the Japanese beetle because adult beetle populations are not present; or
(2)the aircraft is opened and loaded only while it is enclosed in a hangar that APHIS has determined to be free of and safeguarded against Japanese beetle; or
(3)the aircraft is loaded during the hours of 8 p.m. to 7 a.m. (generally non-daylight hours) only or lands and departs during those hours and, in either situation, is kept completely closed while on the ground during the hours of 7 a.m. to 8 p.m.; or
(4)if opened and loaded during daylight hours, the aircraft is inspected, treated, and safeguarded in accordance with the requirements described in § 301.48-4(d). APHIS and State plant health officials constantly monitor the Japanese beetle population in the United States. Trapping surveys indicate that the State of Iowa is now infested with the Japanese beetle. In view of this development, we have determined that the State of Iowa should be listed as a quarantined State prior to the start of the 2006 season of Japanese beetle activity, which begins in mid-June in many parts of the country. Therefore, in this interim rule we are amending the regulations in § 301.48(a) by adding Iowa to the list of quarantined States. Emergency Action This rulemaking is necessary on an emergency basis to prevent the spread of Japanese beetle into noninfested areas of the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. We are amending the Japanese beetle quarantine and regulations to add the State of Iowa to the list of quarantined States. This action is necessary to prevent the artificial spread of Japanese beetle into noninfested areas of the United States. In 2002, all agricultural crop receipts for the nine protected States (Arizona, California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, and Washington) totaled $30.6 billion. 1 The majority of these agricultural producers can be classified as small entities under the Small Business Administration's
(SBA)criterion of $750,000 or less in annual receipts. Agricultural production is an important part of these nine protected States' economies. Reducing the risk of Japanese beetle introduction into protected States is worth the slight costs associated with inspection and occasional treatment for air carriers with flights to these States that originate in Iowa. 1 Source: United States Department of Agriculture, National Agricultural Statistics Service, 2002 Census of Agriculture. Entities affected by this action will be air carriers flying from regulated airports in Iowa to a protected State. The majority of air cargo is transported by large businesses. According to the SBA, an air carrier with more than 1,500 employees is considered large. The number of small air carriers that will be impacted is not known. We expect economic impacts of the rule may be limited because many air carriers are already treating cargo transported from other quarantined States to the protected States. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:
(1)Preempts all State and local laws and regulations that are inconsistent with this rule;
(2)has no retroactive effect; and
(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 also issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). § 301.48 [Amended] 2. In § 301.48, paragraph
(a)is amended by adding the word “Iowa,” before the word “Kentucky”. Done in Washington, DC, this 15th day of June 2006. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E6-9728 Filed 6-20-06; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Docket No. FV06-932-1 FIR] Olives Grown in California; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule that decreased the assessment rate established for the California Olive Committee (committee) for the 2006 and subsequent fiscal years from $15.68 to $11.03 per assessable ton of olives handled. The committee locally administers the marketing order that regulates the handling of olives grown in California. Assessments upon olive handlers are used by the committee to fund reasonable and necessary expenses of the program. The fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* July 21, 2006. FOR FURTHER INFORMATION CONTACT: Laurel May, Marketing Specialist, or Kurt Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, CA 93721; Telephone:
(559)487-5901, Fax:
(559)487-5906. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone:
(202)720-2491, Fax:
(202)720-8938, or E-mail: *Jay.Guerber@usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 148 and Order No. 932, both as amended (7 CFR part 932), regulating the handling of olives grown in California, 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.” 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 marketing order now in effect, California olive handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be effective beginning on January 1, 2006, apply to all assessable olives from the current crop year, and will continue until amended, suspended, or terminated. 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. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule continues in effect the action that decreased the assessment rate established for the committee for the 2005 and subsequent fiscal years from $15.68 to $11.03 per ton of assessable olives from the applicable crop years. The California olive marketing order provides authority for the committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The fiscal year, which is the 12-month period between January 1 and December 31, begins after the corresponding crop year, which is the 12-month period beginning August 1 and ending July 31 of the subsequent year. Fiscal year budget and assessment recommendations are made after the corresponding crop year olive tonnage is reported. The members of the committee are producers and handlers of California olives. They are familiar with the committee's needs and with costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2005 and subsequent fiscal years, the committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal year to fiscal year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other information available to USDA. The committee met on December 13, 2005, and made recommendations regarding their fiscal year 2006 expenditures and assessment rate. Subsequently, the committee revised its budget recommendation because it anticipated higher administrative expenses than it had originally estimated. In a mail vote completed on January 27, 2006, the committee unanimously recommended 2006 fiscal year expenditures of $1,301,121 and an assessment rate of $11.03 per ton of assessable olives. In comparison, the budgeted expenditures for fiscal year 2005 were $1,217,014. The assessment rate of $11.03 is $4.65 lower than the rate previously in effect. The major expenditures recommended by the committee for the 2006 fiscal year include $800,700 for marketing activities, $290,421 for administration, and $210,000 for research. Budgeted expenditures for these items in 2005 were $680,000, $337,014, and $200,000, respectively. The assessment rate recommended by the committee was derived by considering anticipated fiscal year expenses, actual olive tonnage received by handlers during the 2005-06 crop year, and additional pertinent factors. The California Agricultural Statistics Service
(CASS)reported assessable olive receipts for the 2005-06 crop year at 114,761 tons, compared to 85,862 tons for the 2004-05 crop year. The increased production of assessable olives for the 2005-06 crop year is due in part to the alternate-bearing nature of olives, with heavy production in one year followed by light production the next. Although the committee's budgeted expenses for fiscal year 2006 are higher than those for 2005, the increased production would yield increased total assessment funds, even at the lower rate, covering the increased expenditures. Additionally, actual administrative expenditures in 2005 were less than the amount budgeted, enabling the committee to carry excess funds into the 2006 fiscal year and offset the assessments needed to cover budgeted expenses. Income derived from handler assessments, along with interest income and funds from the committee's authorized reserve, will be adequate to cover budgeted expenses. Funds in the reserve will be kept within the maximum permitted by the order of approximately one fiscal year's expenses (7 CFR 932.40). The assessable tonnage for the 2006 fiscal year is expected to be slightly less than the 2005-06 crop receipts of 114,761 tons reported by CASS because some olives may be diverted by handlers to uses that are exempt from marketing order requirements. The assessment rate will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other available information. Although this assessment rate is effective for an indefinite period, the committee will continue to meet prior to or during each fiscal year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of committee meetings are available from the committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The committee's 2006 budget and those for subsequent fiscal years will be reviewed and, as appropriate, approved by USDA. 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 rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 850 producers of olives in the production area. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts less than $750,000. Based upon information from the committee, the majority of olive producers may be classified as small entities. There are two handlers subject to regulation under the marketing order. At the time the interim final rule was published, the definition of small agricultural service firms included those whose annual receipts were less than $6,000,000, and both handlers were classified as large entities. Subsequently, the definition of small agricultural service firms was changed to include those whose annual receipts are less than $6,500,000. Based upon information from the committee, both handlers may be classified as large entities. This rule continues in effect the action that decreased the assessment rate established for the committee and collected from handlers for the 2006 and subsequent fiscal years from $15.68 to $11.03 per ton of assessable olives. The committee unanimously recommended 2006 expenditures of $1,301,121 and an assessment rate of $11.03 per ton. The assessment rate is $4.65 lower than the rate previously in effect. The quantity of assessable olive receipts for the 2005-06 crop year was reported by CASS to be 114,761 tons, but the actual assessable tonnage for the 2006 fiscal year is expected to be slightly lower. This is because some of the receipts are expected to be diverted by handlers to exempt outlets on which assessments are not paid. The $11.03 per ton assessment rate should be adequate to meet this year's expenses when combined with funds from the authorized reserve and interest income. Funds in the reserve will be kept within the maximum permitted by the order of about one fiscal year's expenses (7 CFR 932.40). Expenditures recommended by the committee for the 2006 fiscal year include $800,700 for marketing development, $290,421 for administration, and $210,000 for research. Budgeted expenses for these items in 2005 were $680,000, $337,014, and $200,000, respectively. Assessable olive receipts for the 2005-06 crop year were 114,761 tons, compared to 85,862 tons for the 2004-05 crop year. The increased production of assessable olives will yield increased assessment funds, even at the lower rate. These funds, along with unused assessments from the 2005 fiscal year that have been carried into 2006, and interest income, are adequate to cover the increased expenditures. The committee reviewed and unanimously recommended 2006 expenditures of $1,301,121. This reflects increases in the committee's research and market development budgets and a decrease in the administrative budget compared to the previous year's budget. The committee recommended a larger research budget intended to further the study of olive fly management and development of a mechanical olive harvesting method. The 2006 marketing program recommendation includes participation in media activities in conjunction with the release of a new diet plan book; translation of some of the committee's education and nutrition materials into Spanish; and continuation of several outreach activities including cookbook contributions, Web site development, and educational programs for school children. Recommended decreases in the administrative budget are due mainly to personnel changes in the committee's staff. Prior to arriving at this budget, the committee considered information from various sources, such as the committee's Executive, Market Development, and Research Subcommittees. Alternate spending levels were discussed by these groups, based upon the relative value of various research and marketing projects to the olive industry and the anticipated olive production. The assessment rate of $11.03 per ton of assessable olives was derived by considering anticipated expenses, the volume of assessable olives, and additional pertinent factors. A review of historical and preliminary information pertaining to the upcoming fiscal year indicates that the grower price for the 2005-06 crop year is estimated to be approximately $714 per ton for canning fruit and $314 per ton for limited-use sizes, leaving the balance as unusable cull fruit. Approximately 76 percent of a ton of olives are canning fruit sizes and 17 percent are limited use sizes, leaving the balance as unusable cull fruit. Total grower revenue on 114,761 tons would then be $73,485,966, given the percentage of canning and limited-use sizes and current grower prices for those sizes. Therefore, with an assessment rate decreased from $15.68 to $11.03, the estimated assessment revenue is expected to be approximately 1.72 percent of grower revenue. This action continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the committee's meeting was widely publicized throughout the California olive industry and all interested persons were invited to attend the meeting and participate in committee deliberations on all issues. Like all committee meetings, the December 13, 2005, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. This action imposes no additional reporting or recordkeeping requirements on either small or large California olive 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. An interim final rule concerning this action was published in the **Federal Register** on March 13, 2006 (71 FR 12614). Copies of the rule were faxed to both olive handlers. Finally, the interim rule was made available through the Internet by USDA and the Office of the Federal Register. A 60-day comment period was provided for interested persons to respond to the interim final rule. The comment period ended on May 12, 2006, and no comments were received. 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. After consideration of all relevant material presented, including the information and recommendation submitted by the committee and other available information, it is herby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 932 Marketing agreements, Olives, Reporting and recordkeeping requirements. PART 932—OLIVES GROWN IN CALIFORNIA Accordingly, the interim final rule amending 7 CFR part 932 that was published at 71 FR 12614 on March 13, 2006, is adopted as a final rule without change. Dated: June 15, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-9724 Filed 6-20-06; 8:45 am] BILLING CODE 3410-02-P FEDERAL HOUSING FINANCE BOARD 12 CFR Parts 900, 914, 915, 925, 950, and 955 [No. 2006-10] RIN 3069-AB28 Data Reporting Requirements for the Federal Home Loan Banks AGENCY: Federal Housing Finance Board. ACTION: Final rule. SUMMARY: The Federal Housing Finance Board (Finance Board) is reorganizing the way it imposes certain reporting requirements on the Federal Home Loan Banks (Banks) by removing the requirements from its regulations and issuing them in the Data Reporting Manual (DRM), which is an enforceable order issued pursuant to the Finance Board's investigatory powers. The Finance Board also is adding a new part 914, which addresses a Bank's obligation with respect to reporting requirements and making its books and records available to the Finance Board. DATES: *Effective Date:* This final rule is effective on July 21, 2006. FOR FURTHER INFORMATION CONTACT: Thomas Hearn, Senior Attorney Advisor, Office of General Counsel, by electronic mail at *hearnt@fhfb.gov* or by telephone at 202-408-2976; Scott L. Smith, Associate Director, Office of Supervision, by electronic mail at *smiths@fhfb.gov* or by telephone at 202-408-2991; or Gary Ternullo, Associate Director, Office of Supervision, by electronic mail at *ternullog@fhfb.gov* or by telephone at 202-408-2904. You can send regular mail to the Federal Housing Finance Board, 1625 Eye Street, NW., Washington, DC 20006. SUPPLEMENTARY INFORMATION: I. Statutory and Regulatory Background A. The Federal Home Loan Bank System (Bank System) The Bank System consists of 12 Banks and the Office of Finance (OF). The Banks are instrumentalities of the United States organized under the authority of the Federal Home Loan Bank Act (Bank Act). 12 U.S.C. 1421 *et seq.* The Banks also are “government sponsored enterprises” (GSEs), *i.e.* , federally chartered but privately owned institutions created by Congress to support the financing of housing and community lending by their members. See 12 U.S.C. 1422a(a)(3)(B)(ii), 1430(i), and 1430(j). By virtue of their GSE status, the Banks are able to borrow in the capital markets at favorable rates. The Banks are then able to pass along that funding advantage to their members—and ultimately to consumers—by providing advances (secured loans) and other financial services to their members (principally, depository institutions) at rates that the members generally could not obtain elsewhere. The Banks, along with the OF, operate under the supervision of the Finance Board. The primary duty of the Finance Board is to ensure that the Banks operate in a financially safe and sound manner. Consistent with that duty, the Finance Board is required to supervise the Banks, ensure that they carry out their housing finance mission, and ensure that they remain adequately capitalized and able to raise funds in the capital markets. 12 U.S.C. 1422a(a)(3)(A) and (B). B. Finance Board Investigatory Powers Congress has delegated to the Finance Board broad authority to fulfill its statutory mandates. Section 2B of the Bank Act states that the Finance Board has the power “[t]o supervise the Federal Home Loan Banks and to promulgate and enforce such regulations and orders as are necessary from time to time to carry out the provisions of this chapter [ *i.e.* , Chapter 11 of Title 12, codified at 12 U.S.C. 1421-1449].” 12 U.S.C. 1422b(a)(1). Section 20 of the Bank Act provides the Finance Board with the authority to require, “from time to time, [but] at least annually,” examinations and reports of condition of all the Banks in such form as the Finance Board prescribes. 12 U.S.C. 1440. Section 20 also vests in Finance Board examiners “the same powers and privileges as are vested in” examiners under the National Bank Act and the Federal Reserve Act. These Acts, in turn, provide examiners with sweeping powers, including the power to “make a thorough examination of all the affairs of the bank.” 12 U.S.C. 481. Thus, the Finance Board and its examiners have been vested with broad access to the books, records, and information of the Banks in order to fulfill the statutory mission of the Finance Board. The United States Supreme Court has recognized the importance of this broad access to the ability of financial institution regulators to perform their supervisory functions. In *United States* v. *Philadelphia National Bank,* 374 U.S. 321 (1963), the Court stated: *[P]erhaps the most effective weapon of federal regulation of banking is the broad visitorial power of federal bank examiners. Whenever the agencies deem it necessary, they may order ‘a thorough examination of all the affairs of the bank’ * * * [citation omitted]. Such examinations are frequent and intensive. In addition, the banks are required to furnish detailed periodic reports of their operations to the supervisory agencies [citation omitted].* In this way the agencies maintain virtually a day-to-day surveillance of the American banking system. And should they discover unsound banking practices, they are equipped with a formidable array of sanctions * * *. As a result of this panoply of sanctions, recommendations by the agencies concerning banking practices tend to be followed by bankers without the necessity of formal compliance proceedings. 1 Davis, Administrative Law (1958), s. 4.04. 374 U.S. at 329 (emphasis added). An agency's authority to require informational reports stems from its investigatory power, which generally is distinct from, and in addition to, its authority exercised under the Administrative Procedures Act
(APA)to engage in rulemaking or to issue adjudicative orders. A principal legislative sponsor of the APA described investigative activity during floor debate in the House of Representatives as follows: This third type of administrative compulsory power may be incidental to either legislative or judicial powers of administrative agencies, or it may be entirely independent of either. I refer to the compulsory action of administrative agencies when they issue subpoenas, require records or reports, or undertake mandatory inspections. These functions are investigatory in nature. 92 Cong. Rec. 5648 (1948), cited in Appeal of FTC Line of Business Report Litigation, 595 F.2d 685, 695-696 (DC Cir.) (per curiam), cert. denied sub nom. *Milliken and Co.* v. *FTC,* 439 U.S. 958 (1978). C. Reorganization of Reporting Requirements Historically, the Finance Board has imposed reporting requirements in a variety of ways. Some requirements, such as those related to the call report, have been imposed by informal directives issued by staff. For other requirements, the Finance Board has used its rulemaking authority. 12 U.S.C. 1422b(a)(1). On February 9, 2005, the Board of Directors approved for publication a proposed rule that would reorganize the way the Finance Board imposes reporting requirements by creating a Data Reporting Manual
(DRM)that would contain certain reporting requirements currently in regulations or issued by Finance Board staff. See Resolution Number 2005-04 (Feb. 9, 2005), *published at* 770 FR 9551 (Feb. 28, 2005). 1 For each subject matter, the DRM includes instructions addressing data definitions as well as requirements concerning data elements, reporting format, reporting method, *e.g.* , electronic or paper, record retention, timeliness, reporting frequency, and certification. Going forward, changes to the reporting requirements will be made by amendments to the DRM. 1 Resolutions are available electronically in the FOIA Reading Room of the Finance Board Web site at: *http://www.fhfb.gov/Default.aspx?Page=59&Top=4.* The proposed rule included substantive regulatory changes that would add a new part 914, which addresses a Bank's obligation with respect to reporting requirements and making its books and records available to the Finance Board. It also would add a new section to part 917, which imposes on each Bank's board of directors the obligation to establish policies and procedures with respect to regulatory reporting. In July 2005, the Board of Directors created the DRM and located in it reporting requirements for the Call Report System. See Resolution Number 2005-14 (July 13, 2005). In August 2005, the Finance Board added to the DRM reporting requirements related to Bank members. See Resolution Number 2005-15 (Aug. 10, 2005). The Finance Board is continuing this effort by relocating from regulations to the DRM data reporting requirements concerning: Purchases of Bank stock by member banks (12 CFR 925.20(e)); advances and commitments outstanding to each Bank member (12 CFR 950.4(e)); Acquired Member Assets
(AMA)(12 CFR 955.4); and forms related to Bank director eligibility (12 CFR 915.7 and 915.12(a)). In the proposed rule, the Finance Board considered placing in the DRM reporting requirements for a Bank's strategic business plan (12 CFR 917.5(c)); Advisory Councils (12 CFR 951.4(f)(3)); the Affordable Housing Reserve Fund (12 CFR 951.3(d) and 951.15(b)); and Community Investment Cash Advance
(CICA)Programs (12 CFR 952.6(a)). Because these requirements do not involve the periodic reporting of empirical data, we have determined that these requirements are better left in Finance Board regulations. The DRM represents an enforceable order issued pursuant to the Finance Board's investigatory powers. The reorganization of reporting requirements and the amendments to Finance Board regulations will allow the Finance Board to address problems it has experienced with the timeliness, accuracy, and completeness of data reporting by the Banks. The Bank Act gives the Finance Board enforcement authority to redress, among other things, violations of the Bank Act, or any law, order, rule, or regulation. 12 U.S.C. 1422b(a)(5). The Finance Board will deem data reporting problems as violations of an investigatory order and, where applicable, violations of the regulations being added today in 12 CFR part 914. Reporting requirements imposed pursuant to the Finance Board's investigatory powers are not subject to the notice and comment provisions of the APA. *See Appeal of FTC Line of Business Report Litigation,* 595 F.2d at 695-696. Nevertheless, the Finance Board recognizes that changes to reporting requirements can impose regulatory burden. The Finance Board also recognizes the utility of input from the Banks and the public in determining what information is appropriate to collect. Thus, where practicable, Finance Board staff will consult with the Banks and the public with respect to significant changes in the DRM before changes are made. Moreover, information collections that are subject to the Paperwork Reduction Act (PRA), such as those related to the AMA rule, will continue to be published in the **Federal Register** for comment in accordance with the PRA. II. Analysis of the Final Rule A. Part 914 The Finance Board is adding a new part 914 to its regulations that addresses a Bank's obligation with respect to reporting requirements and makes its books and records available to the Finance Board. Section 914.1 contains a number of provisions directed at how a Bank reports data to the Finance Board and makes its books and records available to Finance Board examiners. Section 914.1(a) defines the term Regulatory Report to mean any report of raw or summary data required to evaluate the safe and sound condition and operations of a Bank or to determine compliance with any:
(1)Provision in the Bank Act, or any law, order, rule, or regulation;
(2)condition imposed in writing by the Finance Board in connection with the granting of any application or other request by a Bank; or
(3)written agreement entered into by the Finance Board and a Bank. Section 914.1(b) provides examples of a *Regulatory Report,* including the call report and reports of instrument-level data submitted for risk assessment purposes. The term Regulatory Report also includes reports related to a Bank's housing mission achievement, such as reports related to AMA, a Bank's Affordable Housing Program (AHP), Community Investment Program (CIP), and other CICA programs. Section 914.2 requires each Bank to file Regulatory Reports with the Finance Board pursuant to the Finance Board's forms and instructions for the reports. These reports must be filed no later than the deadline established by the Finance Board. In some cases, this will involve reporting at regular intervals; in other cases, it will involve responding to Finance Board requests for information that are in addition to the information submitted at regular intervals. Section 914.3 requires each Bank to make its books and records available upon request by the Finance Board within a reasonable period at a location acceptable to the Finance Board. Section 914.3 establishes presumptions about what the Finance Board considers a reasonable period of time to respond to requests that occur during and outside of an ongoing examination as well as those that occur at other times. C. Parts 915, 925, 950, and 955 The Finance Board is revising various reporting requirements set forth in parts 915, 925, 950, and 955 to refer the reader to forms and instructions issued pursuant to the DRM. III. Comments on the Proposed Rule In response to the February 2005 proposed rule, the Finance Board received four comments—three from Banks and one from a law firm representing a fourth Bank. These comments covered the following areas. Opportunity for Notice and Comment on Reporting Changes The four commenters expressed concern that reporting requirements could be imposed in the future without giving the Banks or the public an opportunity to comment. One commenter requested that the final rule provide procedures by which the Finance Board will determine if an amendment would impose regulatory burden or would constitute a significant change that merits input from the Banks and public through the comment process. As discussed in the proposed rule, reporting requirements imposed pursuant to the Finance Board's investigatory powers are not subject to the notice and comment provisions of the APA. 2 In some cases, new reporting requirements or revisions to existing requirements trigger the notice and comment requirements of the PRA. Other reporting requirements, such as those related to call reports, are not covered by the PRA. 2 The banking agencies have taken the position that changes to reporting requirements for the call report are not covered by the APA. 69 FR 3995, 3998 (Jan. 27, 2004). The Finance Board recognizes that changes to reporting requirements can impose regulatory burden. The Finance Board also recognizes the utility of input from the Banks and the public in determining what information is appropriate to collect and what is the most efficient way to collect needed information. Thus, as was indicated in the proposed rule, the Finance Board intends, where practicable, to consult with the Banks and the public with respect to substantial changes to reporting requirements, regardless of whether the APA or PRA apply. Reporting Violation as Basis for Enforcement Action Three of the four commenters expressed concern that a violation of a reporting requirement could be the basis for sanctions against a Bank without any additional due process. One commenter indicated that it believes that non-compliance with a reporting requirement alone would not suffice to cause an immediate violation resulting in sanctions. Rather, the commenter believes that non-compliance would have to go to a judicial forum to determine whether the agency was entitled to the information it was seeking. The Bank Act authorizes the Finance Board to bring an enforcement action in the face of conduct that violates any order imposed in writing by the Finance Board. 12 U.S.C. 1422b(a)(5). The Finance Board also may bring an enforcement action if a Bank engages in an unsafe or unsound banking practice, and courts have held that frustrating a regulator's gathering of information constitutes an unsafe or unsound banking practice. *See Seidman* v. *Office of Thrift Supervision,* 37 F.3d 911, 936-937 (3rd Cir. 1994). In any formal enforcement action by the Finance Board related to a data reporting violation, the process will guarantee all constitutional and statutory rights, including a review in a judicial forum before the enforcement action becomes final. Under Finance Board regulations, the Finance Board would initiate an enforcement action by issuing a notice of charges. 12 CFR 908.40. If the Bank, director, or executive officer disputed the charges, a presiding officer would hold a hearing and issue a recommendation to the Finance Board. 12 CFR 908.60 and 908.63. If, after receiving the presiding officer's recommendation, the Finance Board's board of directors found that the charges were sustained and issued a cease and desist order or imposed civil money penalties, the affected party would have the option of appealing the action to the United States Court of Appeals for the District of Columbia Circuit. 12 CFR 908.10. Banking Agencies' Treatment of Reporting Violations Two Banks commented that establishing the DRM as an enforceable order is inconsistent with the approach taken by other federal bank regulators with respect to information gathering. One Bank cited the Office of the Comptroller of the Currency
(OCC)Handbook on Bank Supervisory Processes to demonstrate that, in the event of disagreements between examiners and a bank, it is the OCC's policy to resolve the dispute fairly and expeditiously in an informal, amicable manner. The Bank also made reference to similar publication by the Office of Thrift Supervision. The examples cited by the commenters appear to relate to disagreements that arise during an examination or inquiry of a specific institution. For reporting requirements directed at all institutions within a banking agencies' purview, such as those related to the call report, the banking agencies impose reporting requirements in a manner closely similar to the way the Finance Board has exercised such powers here. For example, call report requirements for insured depository institutions and changes to such requirements are imposed by amending the forms and instructions for the call report. See 12 CFR part 304. These forms and instructions, like the DRM discussed above, represent enforceable orders issued as a proper exercise of an agency's investigatory powers. When a depository institution fails to comply with a reporting requirement, its primary banking regulator routinely imposes penalties for reporting violations including violations that might seem *de minimis* . Another Bank commented that other federal banking regulators do not view the various manuals they promulgate as definitive statements carrying the force of law. Instead, the commenter claimed, the manuals of other federal banking regulators are not intended to be strictly binding on either the regulator or the regulated institution. The commenter appears to be confusing a basic principal of administrative law that staff policy guidance, such as those put in manuals at some agencies, ordinarily does not carry the force of law. Here, the data reporting requirements are being issued by the Finance Board's Board of Directors pursuant to statutory authority to require reports. Compiling the reporting requirements in the DRM is solely a matter of convenience and in no way diminishes the legal authority with which they were adopted and the force of law. One Bank commented that orders usually arise in adjudicatory or investigative proceeding that is specific to a particular entity. The Bank wrote that it is doubtful that the law allows the Finance Board, as part of its regulatory process, to grant itself the power to issue an enforceable order preemptively and with application to all of the Banks particularly in view of the fact that the Banks have the right to challenge a request for privileged or confidential legal advice. Another Bank and the law firm commenter also expressed concerns that the Finance Board might include privileged or confidential material among the information it sought from all Banks or from one particular Bank. As discussed in the proposed rule, case law has long recognized Congress' authority to give a regulatory agency investigatory powers that include the power to require informational reports. There is no dispute that section 20 gives the Finance Board investigatory power to obtain information reports about the Banks. Where Congress, as here, has given an agency investigatory powers, an agency's exercise of that power will be upheld if the request for information is “reasonably relevant.” *FTC* v. *Invention Submission Corp.,* 965 F.2d 1086, 1089 (D.C. Cir. 1992). Courts have said that an agency's own appraisal of relevancy must be accepted as long as it is not “obviously wrong.” Id. In exercising its authority to create reporting requirements, the Finance Board intends to observe all applicable privileges. Potential for Confusion Between Reporting Requirements and Other Guidance One commenter noted that the Finance Board already has established a process for clarifying regulatory reporting requirements through Advisory Bulletins and other supervisory guidance. The commenter claimed that nothing in the proposed rule stated that the Finance Board would stop issuing Advisory Bulletins or other supervisory letters apart from the DRM. This omission creates the potential, the commenter claimed, for discrepancies between the DRM and other supervisory guidance. The commenter recommended that the Finance Board revise the proposed rule to ensure that no such discrepancies or ambiguities are created in the reporting requirements. Another commenter made a similar comment. A commenter noted that not all data reporting requirements will be contained in the DRM. The Bank suggested that the DRM include an appendix clearly describing which reporting requirements are not in the DRM and where such reporting requirements are located. Without guidance as to when the DRM applies and when to consult the regulations, the commenter argued, the data reporting requirements may, in practice, become more confusing for the Banks. Another commenter expressed a similar point. For reporting requirements that currently are in the Finance Board regulations, the Finance Board will leave a reference that directs a reader to the DRM. The Finance Board will adopt the recommendation of including an appendix to the DRM that lists reporting requirements by topic and indicates where they may be found. Proposed Part 914 Two commenters opposed adopting a presumption in § 914.3 of 1 business day and 3 business days for a reasonable period for complying with an examiner's request for documents. These commenters recommended that, when considering whether a Bank complied with an examiner's request in a reasonable period of time, the Finance Board should consider:
(a)Whether the data are available and finalized;
(b)whether there are any information technology issues affecting the ability to respond or analyze the response (on either the Finance Board's or a Bank's part);
(c)whether the applicable business units are able to concentrate on these requests exclusively;
(d)whether the applicable committees are available to review and approve the responses; and
(e)whether any of the information is privileged. The Finance Board believes that the time periods set out in the proposed rule are reasonable. Because they are only presumptions, a Bank may cite the factors listed by the commenters, or other factors, to demonstrate that in a particular instance, a reasonable period to comply with an examiner's request is longer than the time periods set out in the regulation. Proposed Addition to Part 917 One commenter wrote that it believes that the proposal to amend part 917 to require the board of directors of a Bank to establish policies and procedures with respect to regulatory reporting was redundant given other requirements that require a Bank's board of directors to ensure compliance generally with the regulatory requirements mandated by the Finance Board. The Finance Board acknowledges that the commenter has raised a valid concern. A Bank's obligation to provide the Finance Board with information that is accurate, timely, and complete derives from the chapters that have been added to the DRM and in the new part 914 that is recommended for the final rule. Finance Board regulations already make clear that a Bank's board of directors retains ultimate responsibility for a Bank's management (12 CFR 917.2(a)). Upon further reflection, the Finance Board believes that adding the proposed part 917 amendment may cause a Bank's board to focus on a Bank's processes for regulatory reporting at the expense of focusing on outcomes of whether such reporting is timely, accurate, and complete. Thus, the final rule does not include the proposed § 917.11. IV. Paperwork Reduction Act Final Rule The final rule will have no substantive effect on any collection of information covered by the PRA. See 44 U.S.C. 3501 *et seq.* Therefore, the Finance Board did not submit the proposed regulation to the Office of Management and Budget
(OMB)for review. AMA Reporting Requirements As part of the reorganization of reporting requirements, the Board of Directors added the AMA reporting requirements to the DRM. See Resolution Number 2006-11 (June 14, 2006). The AMA reporting requirements, which are being moved from 12 CFR part 955 (specifically, § 955.4 and Appendices A and B) to the DRM as a result of this final rule, are contained an information collection entitled “Federal Home Loan Bank Acquired Member Assets, Core Mission Activities, Investments and Advances.” The OMB control number for this information collection is 3069-0058, and it is due to expire on March 31, 2007. In November 2005, the Finance Board published a PRA notice soliciting comments on the changes to the AMA reporting requirements. *See* 70 FR 66413 (Nov. 2, 2005). Elsewhere in this issue of the **Federal Register** , the Finance Board is publishing the second PRA notice with respect to the AMA reporting requirements and also is submitting the entire information collection, with the AMA reporting changes, to OMB for review and approval of a 3 year extension of the control number. V. Regulatory Flexibility Act The final rule applies only to the Banks, which do not come within the meaning of “small entities” as defined in the Regulatory Flexibility Act (RFA). See 5 U.S.C. 601(6). Thus, in accordance with section 605(b) of the RFA, 5 U.S.C. 605(b), the Finance Board hereby certifies that the final rule will not have a significant economic impact on a substantial number of small entities. List of Subjects 12 CFR Part 900 Federal home loan banks. 12 CFR Part 914 Federal home loan banks, Reporting and recordkeeping requirements. 12 CFR Part 915 Banks, Banking, Conflicts of interest, Elections, Ethical conduct, Federal home loan banks, Financial disclosure, Reporting and recordkeeping requirements. 12 CFR Part 925 Credit, Federal home loan banks, Reporting and recordkeeping requirements. 12 CFR Part 950 Credit, Federal home loan banks, Housing, Reporting and recordkeeping requirements. 12 CFR Part 955 Credit, Federal home loan banks, Reporting and recordkeeping requirements. For the reasons stated in the preamble, the Finance Board revises 12 CFR, chapter IX to read as follows: PART 900—GENERAL DEFINITIONS APPLYING TO ALL FINANCE BOARD REGULATIONS 1. The authority for part 900 continues to read as follows: Authority: 12 U.S.C. 1422b(a). 2. Amend § 900.2 by adding in alphabetical order the definition for “Data Reporting Manual or DRM” to read as follows: § 900.2 Terms relating to Bank operations, mission and supervision. *Data Reporting Manual* or *DRM* means a manual issued by the Finance Board and amended from time to time containing reporting requirements for the Banks. 3. Add a new part 914 to title 12, chapter IX, Subchapter C, to read as follows: PART 914—DATA AVAILABILITY AND REPORTING Sec. 914.1 Regulatory Report defined. 914.2 Filing Regulatory Reports. 914.3 Access to books and records. Authority: 12 U.S.C. 1422a(a)(3), 1422b(a)(1), and 1440. § 914.1 Regulatory Report defined.
(a)*Definition. Regulatory Report* means any report of raw or summary data needed to evaluate the safe and sound condition and operations of a Bank or to determine compliance with any:
(1)Provision in the Act or other law, order, rule, or regulation;
(2)Condition imposed in writing by the Finance Board in connection with the granting of any application or other request by a Bank; or
(3)Written agreement entered into between the Finance Board and a Bank.
(b)*Examples.* Regulatory Report includes:
(1)Call reports and reports of instrument-level risk modeling data;
(2)Reports related to a Bank's housing mission achievement, such as reports related to AMA, AHP, CIP, and other CICA programs; and
(3)Reports submitted in response to requests to one or more Banks for information on a nonrecurring basis. § 914.2 Filing Regulatory Reports. Each Bank shall file Regulatory Reports with the Finance Board in accordance with the forms, instructions, and schedules issued by the Finance Board from time to time. If no regularly scheduled reporting dates are established, Regulatory Reports shall be filed as requested by the Finance Board. § 914.3 Access to books and records. Each Bank shall make its books and records readily available for inspection and other supervisory purposes within a reasonable period upon request by the Finance Board, at a location acceptable to the Finance Board. For requests for documents made during the course of an onsite examination and pursuant to the examination's scope, a reasonable period is presumed to be no longer than 1 business day. For requests for documents made outside of an onsite examination, a reasonable period is presumed to be 3 business days. PART 915—BANK DIRECTOR ELIGIBILITY, APPOINTMENT, AND ELECTIONS 4. The authority citation for part 915 continues to read as follows: Authority: 12 U.S.C. 1422a(a)(3), 1422b(a), 1426, 1427, and 1432. 5. Revise § 915.7(a) to read as follows: § 915.7 Eligibility requirements for elective directors.
(a)*Eligibility verification.* Based on the information provided on the director eligibility certification form prescribed in the Data Reporting Manual issued by the Finance Board, as amended from time to time, a Bank shall verify that each nominee meets all of the eligibility requirements for elective directors set forth in the Act and this part before placing that nominee on the ballot prepared by the Bank under § 915.8(a). A Bank shall not declare elected a nominee that it has reason to know is ineligible to serve, nor shall it seat a director-elect that it has reason to know is ineligible to serve. 6. Revise § 915.12(a) to read as follows: § 915.12 Reporting requirements for Bank directors.
(a)*Annual reporting.* Each director shall submit to his or her Bank the appropriate executed director eligibility certification, as prescribed in the Data Reporting Manual issued by the Finance Board, as amended from time to time. The Bank shall promptly forward to the Finance Board a copy of the certification filed by each appointive director. PART 925—MEMBERS OF THE BANKS 7. The authority citation for part 925 continues to read as follows: Authority: 12 U.S.C. 1422, 1422a, 1422b, 1423, 1424, 1426, 1430, and 1442. 8. Revise § 925.20(e) to read as follows: § 925.20 Stock purchase.
(e)*Reports.* The Bank shall make reports to the Finance Board setting forth purchases by institutions approved for membership of their minimum stock requirement pursuant to this section in accordance with the instructions provided in the Data Reporting Manual issued by the Finance Board, as amended from time to time. PART 950—ADVANCES 9. The authority citation for part 950 continues to read as follows: Authority: 12 U.S.C. 1422a(a)(3), 1422b(a)(1), 1426, 1429, 1430, 1430b, and 1431. 10. Revise § 950.4(e) to read as follows: § 950.4 Limitations on access to advances.
(e)*Reporting.*
(1)Each Bank shall provide the Finance Board with a report of the advances and commitments outstanding to each of its members in accordance with the instructions provided in the Data Reporting Manual issued by the Finance Board, as amended from time to time.
(2)Each Bank shall, upon written request from a member's appropriate federal banking agency or insurer, provide to such entity information on advances and commitments outstanding to the member. PART 955—ACQUIRED MEMBER ASSETS 11. The authority citation for part 955 continues to read as follows: Authority: 12 U.S.C. 1422a(a)(3), 1422b(a), 1430, 1430b, and 1431. 12. Revise § 955.4 to read as follows: § 955.4 Reporting requirement for acquired member assets. Each Bank shall report information related to AMA in accordance with the instructions provided in the Data Reporting Manual issued by the Finance Board, as amended from time to time. Appendices A and B to Part 955 [Removed] 13. Remove Appendices A and B to part 955. Dated: June 14, 2006. By the Board of Directors of the Federal Housing Finance Board. Ronald A. Rosenfeld, Chairman. [FR Doc. E6-9756 Filed 6-20-06; 8:45 am] BILLING CODE 6725-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE251, Special Condition 23-191-SC] Special Conditions; Rickenbacker Avionics, EFS-50 EFIS Installation in Rockwell Twin Commander Model 690B; Protection of Systems From High Intensity Radiated Fields
(HIRF)AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. SUMMARY: These special conditions are issued to Rickenbacker Avionics, 2820 Bobmeyer Road, Hangar C-6, Hamilton, OH 45015, for a Supplemental Type Certificate for the Rockwell Twin Commander Model 690B airplane. This airplane will have novel and unusual design features when compared to the state of technology envisaged in the applicable airworthiness standards. This novel and unusual design feature will include the installation of a two-tube Bendix/King EFS-50 Electronic Flight Instrument System (EFIS). The installation also includes components associated with this display system. The applicable regulations do not contain adequate or appropriate airworthiness standards for the protection of these systems from the effects of high intensity radiated fields (HIRF). These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing the airworthiness standards applicable to these airplanes. DATES: The effective date of these special conditions is June 12, 2006. Comments must be received on or before July 21, 2006. ADDRESSES: Comments may be mailed in duplicate to: Federal Aviation Administration, Regional Counsel, ACE-7, Attention: Rules Docket Clerk, Docket No. CE251, Room 506, 901 Locust, Kansas City, Missouri 64106. All comments must be marked: Docket No. CE251. Comments may be inspected in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Wes Ryan, Aerospace Engineer, Standards Office (ACE-114), Small Airplane Directorate, Aircraft Certification Service, Federal Aviation Administration, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone
(816)329-4123. SUPPLEMENTARY INFORMATION: The FAA has determined that notice and opportunity for prior public comment hereon are impracticable because these procedures would significantly delay issuance of the approval design and thus delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA, therefore, finds that good cause exists for making these special conditions effective upon issuance. Comments Invited Interested persons are invited to submit such written data, views, or arguments, as they may desire. Communications should identify the regulatory docket or notice number and be submitted in duplicate to the address specified above. All communications received on or before the closing date for comments will be considered by the Administrator. The special conditions may be changed in light of the comments received. All comments received will be available in the Rules Docket for examination by interested persons, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerning this rulemaking will be filed in the docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must include a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. CE251.” The postcard will be date stamped and returned to the commenter. Background In early October 2005, Rickenbacker Avionics made an application to the FAA for a new Supplemental Type Certificate for the Rockwell Twin Commander 690B, which is currently approved under Type Certificate No. 2A4. The proposed modification incorporates novel or unusual design features that are vulnerable to HIRF external to the airplane. Type Certification Basis Under the provisions of 14 CFR, part 21, § 21.101, Rickenbacker Avionics must show that the Twin Commander 690B aircraft continues to meet the applicable provisions of the regulations incorporated by reference in the original type certification basis for each model, as listed on the Type Data Sheet 2A4, or the applicable regulations and the additional provisions in effect on the date of application for this Supplemental Type Change. The regulations incorporated by reference in the type certificate are commonly referred to as the “original type certification basis.” The regulations incorporated by reference and the additional systems related provisions that cover the EFIS installation include: §§ 23.1301, 23.1309, 23.1311, 23.1321, 23.1322, 23.1323, 23.1331, 23.1353, and 23.1357 at the amendment level appropriate for the application date; exemptions, if any; and the special conditions adopted by this rulemaking action. Additional information regarding the certification basis for this STC is available from the applicant. Discussion If the Administrator finds that the applicable airworthiness standards do not contain adequate or appropriate safety standards because of novel or unusual design features of an airplane, special conditions are prescribed under the provisions of § 21.16. Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38 and become part of the type certification basis in accordance with § 21.101. Special conditions are initially applicable to the model for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other model included on the same type certificate to incorporate the same novel or unusual design feature, the special conditions would also apply to the other model under the provisions of § 21.101. Novel or Unusual Design Features Rickenbacker Avionics plans to incorporate certain novel and unusual design features into an airplane for which the airworthiness standards do not contain adequate or appropriate safety standards for protection from the effects of HIRF. These features include EFS-50 EFIS and associated components, potentially susceptible to the HIRF environment that were not envisaged by the existing regulations for this type of airplane. Protection of Systems From High Intensity Radiated Fields (HIRF): Recent advances in technology have given rise to the application in aircraft designs of advanced electrical and electronic systems that perform functions required for continued safe flight and landing. Due to the use of sensitive solid-state advanced components in analog and digital electronics circuits, these advanced systems are readily responsive to the transient effects of induced electrical current and voltage caused by the HIRF. The HIRF can degrade electronic systems performance by damaging components or upsetting system functions. Furthermore, the HIRF environment has undergone a transformation that was not foreseen when the current requirements were developed. Higher energy levels are radiated from transmitters that are used for radar, radio, and television. Also, the number of transmitters has increased significantly. There is also uncertainty concerning the effectiveness of airframe shielding for HIRF. Furthermore, coupling to cockpit-installed equipment through the cockpit window apertures is undefined. The combined effect of the technological advances in airplane design and the changing environment has resulted in an increased level of vulnerability of electrical and electronic systems required for the continued safe flight and landing of the airplane. Effective measures against the effects of exposure to HIRF must be provided by the design and installation of these systems. The accepted maximum energy levels in which civilian airplane system installations must be capable of operating safely are based on surveys and analysis of existing radio frequency emitters. These special conditions require that the airplane be evaluated under these energy levels for the protection of the electronic system and its associated wiring harness. These external threat levels, which are lower than previous required values, are believed to represent the worst case to which an airplane would be exposed in the operating environment. These special conditions require qualification of systems that perform critical functions, as installed in aircraft, to the defined HIRF environment in paragraph 1 or, as an option to a fixed value using laboratory tests, in paragraph 2, as follows:
(1)The applicant may demonstrate that the operation and operational capability of the installed electrical and electronic systems that perform critical functions are not adversely affected when the aircraft is exposed to the HIRF environment defined below: Frequency Field strength (volts per meter) Peak Average 10 kHz-100 kHz 50 50 100 kHz-500 kHz 50 0 500 kHz-2 MHz 50 50 2 MHz-30 MHz 100 100 30 MHz-70 MHz 50 50 70 MHz-100 MHz 50 50 100 MHz-200 MHz 100 100 200 MHz-400 MHz 100 100 400 MHz-700 MHz 700 50 700 MHz-1 GHz 700 100 1 GHz-2 GHz 2000 200 2 GHz-4 GHz 3000 200 4 GHz-6 GHz 3000 200 6 GHz-8 GHz 1000 200 8 GHz-12 GHz 3000 300 12 GHz-18 GHz 2000 200 18 GHz-40 GHz 600 200 The field strengths are expressed in terms of peak root-mean-square
(rms)values. Or,
(2)The applicant may demonstrate by a system test and analysis that the electrical and electronic systems that perform critical functions can withstand a minimum threat of 100 volts per meter, electrical field strength, from 10 kHz to 18 GHz. When using this test to show compliance with the HIRF requirements, no credit is given for signal attenuation due to installation. A preliminary hazard analysis must be performed by the applicant, for approval by the FAA, to identify either electrical or electronic systems that perform critical functions. The term “critical” refers to functions, whose failure would contribute to, or cause, a failure condition that would prevent the continued safe flight and landing of the airplane. The systems identified by the hazard analysis that perform critical functions are candidates for the application of HIRF requirements. A system may perform both critical and non-critical functions. Primary electronic flight display systems, and their associated components, perform critical functions such as attitude, altitude, and airspeed indication. The HIRF requirements apply only to critical functions. Compliance with HIRF requirements may be demonstrated by tests, analysis, models, similarity with existing systems, or any combination of these. Service experience alone is not acceptable since normal flight operations may not include an exposure to the HIRF environment. Reliance on a system with similar design features for redundancy as a means of protection against the effects of external HIRF is generally insufficient since all elements of a redundant system are likely to be exposed to the fields concurrently. Applicability As discussed above, these special conditions are applicable to the Rockwell Twin Commander Model 690B airplanes. Should Rickenbacker Avionics apply at a later date for a supplemental type certificate to modify any other model on the same type certificate, Type Certificate No. 2A4, to incorporate the same novel or unusual design feature, the special conditions would apply to that model as well under the provisions of § 21.101. Conclusion This action affects only certain novel or unusual design features on one model of airplane. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane. The substance of these special conditions has been subjected to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. For this reason, and because a delay would significantly affect the certification of the airplane, which is imminent, the FAA has determined that prior public notice and comment are unnecessary and impracticable, and good cause exists for adopting these special conditions upon issuance. The FAA is requesting comments to allow interested persons to submit views that may not have been submitted in response to the prior opportunities for comment described above. List of Subjects in 14 CFR Part 23 Aircraft, Aviation safety, Signs and symbols. Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 21.101; and 14 CFR 11.38 and 11.19. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for the Rockwell Twin Commander Model 690B airplanes modified by Rickenbacker Avionics to add EFS-50 EFIS installation. 1. Protection of electrical and electronic systems from High Intensity Radiated Fields (HIRF). Each system that performs critical functions must be designed and installed to ensure that the operations, and operational capabilities of these systems to perform critical functions, are not adversely affected when the airplane is exposed to high intensity radiated electromagnetic fields external to the airplane. 2. For the purpose of these special conditions, the following definition applies: *Critical Functions:* Functions whose failure would contribute to, or cause, a failure condition that would prevent the continued safe flight and landing of the airplane. Issued in Kansas City, Missouri, on June 12, 2006. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E6-9818 Filed 6-20-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24094; Directorate Identifier 2006-CE-20-AD; Amendment 39-14656; AD 68-17-03R1] RIN 2120-AA64 Airworthiness Directives; Pilatus Aircraft Ltd. Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)to revise AD 68-17-03, which applies to all Pilatus Aircraft Ltd. (Pilatus) PC-6 series airplanes. AD 68-17-03 requires you to repetitively inspect the rudder end rib for cracks and replace the rudder end rib with a modified rudder end rib when you find cracks. Installing the modified rudder end rib terminates the repetitive inspection requirements of AD 68-17-03. Under a licensing agreement with Pilatus, Fairchild Republic Company (also identified as Fairchild Industries, Fairchild Heli Porter, or Fairchild-Hiller Corporation) produced Model PC-6 series airplanes (manufacturer serial numbers 2001 through 2092) in the United States. AD 68-17-03 was intended to apply to all affected serial numbers of Model PC-6 series airplanes listed on Type Certificate Data Sheet
(TCDS)No. 7A15, including the Fairchild-produced airplanes. Consequently, this AD clarifies that all models of the PC-6 airplane on TCDS No. 7A15 (including those models produced under the licensing agreement by Fairchild Republic Company) are included in the applicability. We are issuing this AD to detect and correct cracks in the rudder end rib, which could result in failure of the rudder end rib. This failure could result in loss of rudder control. DATES: This AD becomes effective on August 3, 2006. As of August 3, 2006, the Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulation. ADDRESSES: For service information identified in this AD, contact Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 Stans, Switzerland; telephone: +41 41 619 63 19; facsimile: +41 41 619 6224. To view the AD docket, go to the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001, or on the Internet at *http://dms.dot.gov* . The docket number is FAA-2006-24094; Directorate Identifier 2006-CE-20-AD. FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4059; facsimile:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion On April 17, 2006, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Pilatus PC-6 series airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking
(NPRM)on April 24, 2006 (71 FR 20919). The NPRM proposed to revise AD 68-17-03 with a new AD that would retain all actions currently required by AD 68-17-03 and would clarify the applicability of the affected airplanes by: • Identifying those airplanes produced in the United States through a licensing agreement with the Fairchild Republic Company; and • Listing all Pilatus Model PC-6 series airplanes on Type Certificate Data Sheet No. 7A15 in the applicability section. Comments We provided the public the opportunity to participate in developing this AD. We received one comment in favor of the proposed AD. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Costs of Compliance We estimate that this AD affects 49 airplanes in the U.S. registry. We estimate the following costs to do the inspection: Labor cost Parts cost Total cost for each airplane Total cost on U.S. operators 1 work-hour × $80 an hour = 80. Not applicable $80 $80 × 49 = $3,920 We estimate the following costs to do any necessary replacements that will be required based on the results of the inspection. We have no way of determining the number of airplanes that may need this replacement: Labor cost Parts cost Total cost for each airplane 9 work-hours × $80 an hour = $720 $821 $1,541 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 AD. 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 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 a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include “Docket No. FAA-2006-24094; Directorate Identifier 2006-CE-20-AD” in your request. 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 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. The FAA amends § 39.13 by removing Airworthiness Directive
(AD)68-17-03, Amendment 39-634, and adding the following new AD: **68-17-03R1 Pilatus Aircraft LTD.:** Amendment 39-14656; Docket No. FAA-2006-24094; Directorate Identifier 2006-CE-20-AD. Effective Date
(a)This AD becomes effective on August 3, 2006. Affected ADs
(b)This AD revises AD 68-17-03, Amendment 39-634. Applicability
(c)This AD affects the following airplane models, all manufacturer serial numbers (MSN), that are certificated in any category: Note: MSNs 2001 through 2092 were manufactured by Fairchild Republic Company (also identified as Fairchild Industries, Fairchild Heli Porter, and Fairchild-Hiller Corporation) in the United States under a licensing agreement and are covered by Type Certificate Data Sheet No. 7A15.
(1)PC-6
(2)PC-6-H1
(3)PC-6-H2
(4)PC-6/350
(5)PC-6/350-H1
(6)PC-6/350-H2
(7)PC-6/A
(8)PC-6/A-H1
(9)PC-6/A-H2
(10)PC-6/B-H2
(11)PC-6/B1-H2
(12)PC-6/B2-H2
(13)PC-6/B2-H4
(14)PC-6/C-H2
(15)PC-6/C1-H2 Unsafe Condition
(d)This AD results from fatigue cracks found in the bottom nose rib on the rudders of certain PC-6 airplanes. We are issuing this AD to detect and correct cracks in the rudder end rib, which could result in failure of the rudder. This failure could lead to loss of rudder control. Compliance
(e)To address this problem, you must do the following: Actions Compliance Procedures
(1)With the aid of a mirror, inspect the rudder end rib, part number (P/N) 6302.27 (or FAA-approved equivalent P/N) for crack(s) Within the next 50 hours time-in-service after August 19, 1968 (the effective date of AD 68-17-03). Repetitively inspect thereafter at intervals not to exceed 50 hours TIS Follow Pilatus Service Bulletin No. 80, dated April 1968.
(2)If you detect a crack or cracks during any inspection required in paragraph (e)(1) of this AD, replace the rudder end rib with a modified rudder end rib assembly, P/N 6302.26 Pos. 2, channel reinforcement, P/N 113.40.06.002, and torque tube, P/N 113.40.06.003 (or FAA-approved equivalent P/Ns) Before further flight after any inspection required in paragraph (e)(1) of this AD in which you find cracks. Installing the modified rudder end rib terminates the repetitive inspection requirement in paragraph (e)(1) of this AD Follow Pilatus Service Bulletin No. 80, dated April 1968.
(3)14 CFR 21.303 allows for replacement parts through parts manufacturer approval (PMA). The phrase “or FAA-approved equivalent P/N” in this AD is intended to signify those parts that are PMA parts approved through identicality to the design of the part under the type certificate and replacement parts to correct the unsafe condition under PMA (other than identicality). If parts are installed that are identical to the unsafe parts, then the corrective actions of the AD affect these parts also. In addition, equivalent replacement parts to correct the unsafe condition under PMA (other than identicality) may also be installed provided they meet current airworthiness standards, which include those actions cited in this AD Not applicable Not applicable.
(4)Installing the modified rudder end rib assembly, P/N 6302.26 Pos. 2, channel reinforcement, P/N 113.40.06.002, and torque tube, P/N 113.40.06.003 (or FAA-approved equivalent P/Ns), terminates the repetitive inspection requirement in paragraph (e)(1) of this AD Not applicable Not applicable. Alternative Methods of Compliance (AMOCs)
(f)The Manager, Standards Office, ATTN: Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4059; facsimile:
(816)329-4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.
(g)AMOCs approved for AD 68-17-03 are approved for this AD. Related Information
(h)Swiss AD Number HB 2005-289, effective date August 23, 2005, also addresses the subject of this AD. Material Incorporated by Reference
(i)You must do the actions required by this AD following Pilatus Service Bulletin No. 80, dated April 1968. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get a copy of this service information, contact Pilatus Aircraft Ltd., Customer Liaison Manager, CH-6371 Stans, Switzerland; telephone: +41 41 619 63 19; facsimile: +41 41 619 6224. To review copies of this service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* or call
(202)741-6030. To view the AD docket, go to the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001 or on the Internet at *http://dms.dot.gov.* The docket number is FAA-2006-24094; Directorate Identifier 2006-CE-20-AD. Issued in Kansas City, Missouri, on June 12, 2006. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 06-5532 Filed 6-20-06; 8:45 am]
Connectionstraces to 22
Traces to 22 documents
55 references not yet in our index
  • 7 CFR 2
  • 16 USC 1231
  • 7 CFR 2.16(a)(1)(xviii)
  • 7 CFR 2.42(a)(20)
  • 7 CFR 2.20(a)(2)(xx)
  • 7 CFR 2.60(a)(20)
  • 7 CFR 2.61(a)(13)(ii)
  • Pub. L. 96-354
  • 3 CFR 1949
  • 16 USC 1232
  • 7 CFR 301
  • 7 CFR 301.48
  • 7 CFR 3015
  • 7 USC 7701-7772
  • 7 CFR 2.22
  • Pub. L. 106-113
  • Pub. L. 106-224
  • 114 Stat. 400
  • 7 CFR 932
  • 7 USC 601-674
  • 7 CFR 932.40
  • 12 USC 1422a(a)(3)(B)(ii)
  • 12 USC 1422a(a)(3)(A)
  • 12 USC 1421-1449
  • 12 USC 1422b(a)(1)
  • 374 U.S. 321
  • 595 F.2d 685
  • 439 U.S. 958
  • 12 CFR 925.20(e)
  • 12 CFR 950.4(e)
  • 12 CFR 955.4
  • 12 CFR 915.7
  • 12 CFR 917.5(c)
  • 12 CFR 951.4(f)(3)
  • 12 CFR 951.3(d)
  • 12 CFR 952.6(a)
  • 12 USC 1422b(a)(5)
  • 12 CFR 914
  • 37 F.3d 911
  • 12 CFR 908.40
+ 15 more
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Final rule
U.S.C.§ 553
U.S.C.§ 6912
U.S.C.§ 301
Fed. Reg.Notices
Fed. Reg.Notices
Fed. Reg.Notices
U.S.C.§ 3501
U.S.C.§ 1421
C.F.R.§ 121.201
SCOTUS374 U.S. 321
F. App'x595 F.2d 685
SCOTUS439 U.S. 958
Cites 77 · showing 12Cited by 0 across 0 sources
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