Unknown. Final rule

11,509 words·~52 min read·/register/2006/06/22/06-5587

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-2006-06-22.xml --- 71 120 Thursday, June 22, 2006 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Forest Service See Rural Utilities Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 35947 E6-9840 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings:

Courthouse Access Advisory Committee, 35862-35863 E6-9903 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 35908-35909 E6-9849 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 06-5604 35909-35911 06-5605 06-5606 Coast Guard Coast Guard RULES Organization, functions, and authority delegations:

Atlantic Area Command; Activities Europe operational and administrative control, 35816-35818 E6-9864 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Lake Ontario, Rochester, NY, 35798-35799 E6-9868 Seneca River, Baldwinsville, NY, 35794-35797 E6-9863 E6-9866 Shelter Cove, Hilton Head, SC, 35800-35801 E6-9867 PROPOSED RULES Drawbridge operations: Florida, 35852-35854 06-5576 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Patapsco River, Northwest and Inner Harbors, Baltimore, MD, 35854-35856 E6-9865 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-9837 35863-35864 E6-9838 Commodity Commodity Credit Corporation RULES Loan and purchase programs: Storage warehouses; approval standards, 35771-35775 E6-9834 NOTICES Loan and purchase programs:

Marketing Assistance Loan Program; peanut warehouse charges and delivery obligations, 35860 E6-9836 Consumer Consumer Product Safety Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 35876-35877 E6-9884 E6-9885 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: B.C. Moore & Sons et al., 35947-35948 E6-9902 Bernhardt Furniture Co., 35948-35949 E6-9897 Bosch Rexroth Corp., et al., 35949-35950 E6-9906 Collins & Aikman Products Co., 35951 E6-9886 Frontier Spinning Mills, et al., 35951-35953 E6-9901 Hitchock Fine Home Furnishings, 35953 E6-9887 Saint-Gobain Advanced Ceramics, 35953-35954 E6-9904 West Point Stevens, 35954 E6-9888 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office RULES Energy conservation:

Weatherization Assistance Program for low-income persons; renewable energy technologies and systems, 35775-35778 E6-9858 PROPOSED RULES Energy conservation: Weatherization Assistance Program for low-income persons; renewable energy technologies and systems, 35836 E6-9857 EPA Environmental Protection Agency RULES Air programs: Outer Continental Shelf regulations— California; consistency update, 35804-35810 E6-9746 Air quality implementation plans; approval and promulgation; various States:

Alabama, 35801-35804 06-5598 Kentucky; correction, 35804 06-5602 Superfund program: National oil and hazardous substances contingency plan priorities list, 35810-35816 E6-9748 06-5595 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Alabama, 35856-35857 06-5597 Kentucky; correction, 35857 06-5603 Superfund program: National oil and hazardous substances contingency plan priorities list, 35857-35859 E6-9747 06-5596 NOTICES Agency information collection activities; proposals, submissions, and approvals, 35904-35906 E6-9870 Superfund; response and remedial actions, proposed settlements, etc.:

Mohawk Tannery Site, NH, 35906 E6-9871 Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 35860-35861 06-5580 Meetings: Beginning Farmers and Ranchers Advisory Committee, 35861-35862 E6-9856 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 35789-35792 06-5548 Boeing, 35781-35783, 35788-35789 06-5549 06-5585 McDonnell Douglas, 35785-35788 06-5550 Pilatus Aircraft Ltd., 35778-35781, 35783-35785 06-5583 06-5587 PROPOSED RULES Airworthiness directives:

Arrow Falcon Exporters, Inc., et al., 35840-35843 06-5600 Bell Helicopter Textron Canada, 35836-35840 06-5599 MD Helicopters, Inc., 35843 E6-9846 Pilatus Aircraft Ltd., 35843-35845 E6-9845 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 35877-35880 E6-9891 E6-9892 Electric rate and corporate regulation combined filings, 35884-35888 E6-9796 E6-9798 E6-9889 Environmental statements; availability, etc.:

Green Mountain Power Corp., 35888 E6-9807 Millennium Pipeline L.L.C. et al., 35889-35891 E6-9804 Portland General Electric Co., E6-9806 35891-35892 E6-9894 Hydroelectric applications, 35892 E6-9893 Meetings: Platte Pipe Line Co.; technical conference, 35893 E6-9805 Public Utility Holding Company Act of 2005; financial accounting, reporting and records retention requirements; technical conference, 35893 E6-9890 Reports and guidance documents; availability, etc.: Natural gas quality and interchangeability; policy statement, 35893-35904 06-5582 *Applications, hearings, determinations, etc.:* Bradwood Landing LLC and NorthernStar Energy LLC, 35880-35881 E6-9813 El Paso Natural Gas Co., 35881 E6-9802 Maritimes & Northeast Pipeline, L.L.C., 35881-35882 E6-9809 MGE Energy, Inc., et al., 35882 E6-9808 National Fuel Gas Supply Corp., 35882 E6-9810 Transcontinental Gas Pipe Line Corp., 35882-35883 E6-9803 USGen New England, Inc., 35883 E6-9812 Vector Pipeline L.P., 35883-35884 E6-9811 Western Gas Resources, Inc., 35884 E6-9895 Federal Motor Federal Motor Carrier Safety Administration RULES Motor vehicle safety standards:

Parts and accessories necessary for safe operation— Shifting and falling cargo protection, 35819-35834 06-5236 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: San Joaquin River National Wildlife Refuge, CA, 35927-35928 E6-9848 Marine mammals: Incidental taking; authorization letters, etc.— Arctic Ocean marine seismic survey; Pacific walrus and polar bears, 35928-35944 06-5589 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Bacitracin methylene disalicylate; CFR correction, 35792-35794 06-55520 NOTICES Agency information collection activities; proposals, submissions, and approvals, 35911-35917 E6-9816 E6-9827 E6-9900 Human drugs: Over-the-counter drug products; safety and efficacy review; additional laxative ingredient, 35917-35918 E6-9896 Patent extension; regulatory review period determinations— BONIVA, 35918-35919 E6-9817 CIALIS, 35919-35920 E6-9899 Medical devices: Premarket approval applications, list; safety and effectiveness summaries availability, 35920-35921 E6-9898 Foreign Foreign Claims Settlement Commission NOTICES Meetings;

Sunshine Act, 35947 06-5627 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Deschutes and Ochoco National Forests, 35862 06-5497 Ravalli County, 35862 06-5584 Siskiyou County, 35862 06-5588 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Committees; establishment, renewal, termination, etc.:

Chronic Fatigue Syndrome Advisory Committee, 35906-35907 E6-9859 Meetings: Chronic Fatigue Syndrome Advisory Committee, 35907-35908 E6-9869 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Mortgage and loan insurance programs: Single family mortgage insurance— Debenture interest payment changes, 35992-35994 06-5577 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-9828 35926-35927 E6-9830 Indian Indian Affairs Bureau NOTICES Meetings:

Exceptional Children Advisory Board, 35944 06-5581 Indian Indian Health Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 35921-35922 06-5574 Industry Industry and Security Bureau RULES Export administration regulations: Commerce Control List— Biological agents and toxins controls expansion; medical products containing AG-controlled toxins; Chemical Weapons Convention list update; correction, 35989 Z6-8995 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International International Trade Administration PROPOSED RULES Antidumping and countervailing duties:

Emergency relief work supplies; importation procedures, 35846-35847 06-5612 NOTICES Antidumping: Diamond sawblades and parts from— China, 35864-35865 E6-9874 Oil country tubular goods from— Japan, 35865-35867 E6-9880 Softwood lumber products from— Canada, 35867-35869 E6-9879 Wooden bedroom furniture from— China, 35870 E6-9876 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Foreign Claims Settlement Commission See Parole Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 35946 E6-9839 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 35944-35945 06-5611 Meetings:

Pinedale Anticline Working Group, 35945-35946 E6-9825 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts National Council, 35955-35956 E6-9883 National National Institute for Literacy NOTICES Grants and cooperative agreements; availability, etc.: Unsolicited grants proposals consideration; intent to publish regulations, 35956 E6-9835 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 35922-35924 06-5579 Meetings:

National Institute of Mental Health, 35924 06-5571 Scientific Review Center, 06-5572 35924-35926 06-5573 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Yellowfin sole, 35835 06-5609 Northeastern United States fisheries— Atlantic bluefish, 35835 06-5610 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Rockfish Pilot Program; public workshops, 35859 06-5607 NOTICES Marine mammals:

Taking and Importing— Eglin Air Force Base, FL; surf zone testing/training and amphibious vehicle training and weapons testing; Atlantic spotted dolphin and Florida manatee, 35870-35876 E6-9882 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Homestake Mining Co., 35956-35957 E6-9851 Whittaker Corp., 35957-35960 E6-9850 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 35954-35955 06-5578 Parole Parole Commission NOTICES Meetings;

Sunshine Act, 35947 06-5617 Pension Pension Benefit Guaranty Corporation NOTICES Single-employer and multiemployer plans: Interest rates and assumptions; correction, 35960 E6-9881 RUS Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 35860-35861 06-5580 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 35960 E6-9833 Joint industry plan: International Securities Exchange, Inc., et al., 35960-35961 E6-9854 Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 35961-35964 E6-9853 National Association of Securities Dealers, Inc., 35964-35966 E6-9852 New York Stock Exchange LLC, 35966-35981 06-5626 NYSE Arca, Inc., 35981-35985 E6-9831 State State Department PROPOSED RULES Visas; immigrant documentation: Intercountry adoption; Hague Convention adoption cases; consular officer procedures, 35847-35852 E6-9596 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration NOTICES Committees; establishment, renewal, termination, etc.:

Synthesis and Assessment Product 4.7: Impacts of Climate Variability and Change on Transportation Systems and Infrastructure— Gulf Coast Study Advisory Committee, E6-9860 35986-35988 E6-9861 Treasury Treasury Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 35988 E6-9855 Separate Parts In This Issue Part II Housing and Urban Development Department, 35992-35994 06-5577 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. 71 120 Thursday, June 22, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1423 RIN 0560-AE50 Standards for Approval of Warehouses for Storage of CCC Commodities AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule. SUMMARY: This rule revises the regulations covering the storage of commodities owned by the Commodity Credit Corporation (CCC). For the most part, these commodities are acquired under various mandatory marketing assistance and price support programs that benefit producers. This rule will consolidate the regulations for all commodities stored by CCC into one set of regulations. In addition, this rule will revise, in some instances, the substantive provisions that are in effect under the existing regulations.

DATES: Effective June 22, 2006. FOR FURTHER INFORMATION CONTACT: Howard Froehlich, Warehouse and Inventory Division, Farm Service Agency, United States Department of Agriculture, 1400 Independence Avenue, SW., STOP 0553, Washington, DC 20250-0553, telephone

(202)720-7398, FAX

(202)690-3123, e-mail address: *Howard.Froehlich@wdc.usda.gov.* Persons with disabilities who require alternative means for communication for regulatory information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Discussion of the Final Rule CCC acquires agricultural commodities in the administration of its programs under various circumstances. For instance, under Title I of the Farm Security and Rural Investment Act of 2002, the CCC makes marketing assistance loans to producers that can lead to forfeiture of the commodities to CCC. To provide for the storage of various commodities it acquires, CCC may enter into storage agreements with private warehouse operators. Further, section 5 of the CCC Charter Act (7 U.S.C. 714c) requires that in purchasing, selling, warehousing, transporting, or handling agricultural commodities, CCC shall use, to the maximum extent practicable, the usual and customary channels, facilities, and arrangements of trade and commerce. CCC has regulations covering commodity storage at 7 CFR 1421.5551-1421.5559, part 1423, and 1427, subpart E. A proposed rule addressing consolidation of the approval regulations at one location in the Code of Federal Regulations and other technical and clarifying changes in the wording and structure of the regulation and other substantive changes was published in the **Federal Register** on November 20, 2003 (68 FR 65412). The comment period expired January 20, 2004, but was reopened and extended until March 11, 2004. Comments on the Proposed Rule Responses to the proposed rule were received from 18 interested parties as follows: Eight from cotton associations, cooperatives, merchandisers, or individuals; five from grain associations, cooperatives, warehouses, or individuals; one from a processed commodities warehouse operator; two from Federal government employees; one from a commission firm; and one from a certified public accountant (CPA). Most respondents made multiple comments. The specific comments received and the Agency response follows. Cotton Flow CCC received 19 comments addressing issues of loading cotton from warehouses (cotton flow) and arbitration of disputes arising from the cotton flow standard. Seven respondents favored a minimum cotton flow standard of 4.5 percent per week of approved capacity. One respondent opposed the 4.5 percent cotton flow standard and suggests a three percent standard instead. This issue was not addressed in previous regulation; however, the cotton flow standard can have an impact on warehouse operators with a Cotton Storage Agreement (CSA). CCC has addressed this issue by including the 4.5 percent cotton flow standard and an arbitration clause in the CSA instead of in the regulations. Thus, the respondent's suggestion for a three percent standard was not adopted. Outside Storage of Cotton Five respondents supported section 1423.4(d)(4), which states that commodities shall not be subject to greater than normal risk of fire, flood, or other hazards. Two respondents opposed warehouse operators being allowed to store cotton in excess of their licensed warehouse capacity. Another respondent was in favor of establishing a licensed warehouse capacity for cotton prior to a “receiving” season, then not permitting a reduction of that capacity during the crop year. Section 1423.4 provides general requirements for warehouse operators storing CCC-interest commodities. CCC storage agreements require storage of commodities in approved space. Establishing a warehouse capacity based on a “receiving” season would be cumbersome for warehouse operators and difficult for CCC to monitor. Thus, the suggestion was not adopted. Financial Statement Reports and Net Worth CCC received 11 comments on removing the option of submitting a financial statement compilation report prepared by a commission or management firm. Seven comments were received supporting submission of compilation reports: four from grain warehouses or cooperatives, two from cotton associations, and one from a commission firm. One warehouse operator suggested that a report by the commission house accountant would be reliable because the commission house accountant “is very qualified in the grain industry” and “is top notch.” Other comments opposed the proposed provision and suggested that, “cost would be a major factor for our budget,” and “if it isn't broke don't fix it.” The commission firm requested that CCC continue to accept compilation reports and submitted a list of employees servicing country elevator accounts, their education and years of experience, as well as a list of the 77 country elevators that subscribe to their reporting services. Four comments support the requirement that warehouse operators submit an audit or review financial statement prepared by an independent CPA or independent public accountant. The four comments are from a grain warehouse, grain association, a CPA, and cotton warehouse association. The grain warehouse operator states, “This is a great requirement. It will add credibility to grain elevator financial statements.” The grain warehouse association supports disallowing compilation financial statements and suggests a phase-in period to provide time for warehouse operators to arrange for audit or review-level financial statements. The comments from the CPA suggested that compilation financial statements are untrustworthy because there was a “lack of independence with these clients” and that “management firms have control over every facet” of the country elevator's business. The response from the cotton warehouse association supports “requiring financial statements be reviewed or audited by a certified public accountant or an independent public accountant.” In response to comments received in favor of retaining the current regulation language, CCC will maintain the provisions which allow for the submission of financial reports prepared by a CPA or independent public accountant, a commission or management firm staff member. Because current regulations for the CCC storage agreements are inconsistent, § 1423.6 will be revised from the proposed regulation to allow CCC to revise its storage agreements to include language specific to each agreement. Three respondents requested that the net worth provisions for each type of storage agreement be included in the regulations. The three comments were from cotton warehouse associations, who expressed concern that “warehouse operators will not know their net worth requirements until they apply for a CSA and review its provisions.” It is understandable that respondents and prospective CCC agreement holders would want to see net worth requirements in the regulations. However, because of the differences in warehousing of various commodities, having separate requirements for each agreement type in the regulations could lead to misunderstandings. When new warehouse operators request information on a CCC storage agreement, they are provided with a complete information package, which includes the regulations, storage agreement, and other related information. Therefore, CCC finds it unnecessary to include the net worth requirements in the regulations, but CCC storage agreements will be revised to include minimum net worth requirements. Two of the three respondents suggesting the net worth provisions be included in the regulations also suggest that the “minimum net worth as stated in the current rule be continued.” CCC's required net worth and the method of calculating net worth relate closely to the type of commodity program that each storage agreement supports and the industry served. The different methods for required net worth amounts can be more effectively dealt within in each storage agreement rather than in the regulations. Two warehouse associations suggested that CCC include a provision in the regulation that CCC provide a 120-day public notice of changes to any provision of CCC storage agreements. Both respondents state that the 120-day time-period is similar to the time period required in the proposed rule for notice of cancellation of bonds or letters of credit. CCC disagrees with this recommendation because such a requirement would unnecessarily delay needed changes to agreements. Nonetheless, CCC acknowledges that when a major rewrite of a CCC storage agreement is planned a Notice will be published in the **Federal Register** . However, storing commodities for CCC is voluntary, and a warehouse operator always has the option of terminating the agreement. CCC received two comments in support of the provision in the proposed rule that proposed removing the possibility of a warehouse operator obtaining legal liability insurance as an alternative to meeting minimum net worth requirements. Comments on Other Sections Two comments support the provisions regarding adequate firefighting equipment, and one comment suggested adding a provision making fire insurance mandatory for those warehouses with a CSA. Warehouse operators are not required to insure CCC-owned commodities. However, CCC storage agreements address the requirements of insuring warehouse-stored commodities pledged as collateral. Because an insurance provision is in CCC storage agreements, a provision in this regulation would be unnecessary and redundant; thus, the comment was not adopted. CCC will determine whether such insurance is needed to protect its interest as a prudent lender depending on the facts and circumstances at the time the agreements are in force. One comment specifically addressed proposed § 1423.4(b) and the requirement to use pre-numbered warehouse receipts. The respondent suggests “the language be further modified to state that warehouses may only use pre-assigned warehouse receipt numbers” to reflect the practice of numbering electronic receipts. CCC agrees with this suggestion and added wording in this rule to address electronic receipt practices. Two comments addressed section 1423.4(d)(2) regarding the 120-day cancellation notice for leases. One respondent expressed concern that “some warehouse operators may not be able to negotiate such terms.” Another respondent suggested that CCC “specify in the regulations the specific lease terms which are most important to securing approval.” The 120-day notice is a CCC requirement designed to address CCC's operational needs under the Processed Commodities Storage Agreement (PCSA). Because not all operational needs of CCC programs are the same, CCC will not require a 120-day notice for all agreements as provided in the proposed rule, but will address each agreement's operational need within the terms and conditions of each agreement. One respondent asked that wording in section 1423.8 be amended to more closely resemble the wording from the previous regulations. The previous regulation stated, “CCC will approve the warehouse if the warehouseman establishes that the causes for CCC's rejection of approval have been remedied.” The wording of the proposed rule for this section stated, “* * * CCC may reconsider a warehouse for approval when the warehouse operator establishes that the reasons for rejection have been remedied * * *”. The respondent stated, “This change represents a shift in the requirements burden of proof in a rejection situation and also relieves the CCC from any requirement that it approve a warehouse that has remedied its deficiencies.” It was not CCC's intent to change to a new standard for reconsideration allowing CCC to refuse to act; therefore, CCC will maintain the word “will” in this final rule. One respondent asked that § 1423.2(b) more clearly address temporary storage conditions. CCC has revised this section to only state in general terms the authority to administer this section. CCC will address its requirements to hold an agreement for prompt shipment and short term handling of commodities within the applicable agreement. Definitions Several respondents asked that specific wording associated with cotton flow (receiving period, non-receiving period, staged, and satisfactory record of performance) be defined, that qualitative items ( *e.g.* good state of repair, etc.) be moved from the definition of warehouse to another section, and whether electronic documents are considered “in writing.” CCC has addressed the issue of cotton flow in its CSA and will not include related definitions in this regulation. CCC agrees that the qualitative items contained in the definition of a warehouse should be placed elsewhere and will now be included in section 1423.4, which will contain a more detailed requirement. And, CCC considers electronically-signed documents as if the document were signed “in writing.” Executive Order 12866 This rule has been determined to be “Not Significant” under Executive Order 12866 and has not, therefore, been reviewed by the Office of Management and Budget (OMB). Federal Assistance Programs The title and number of the Federal assistance programs, as found in the Catalog of Federal Domestic Assistance, to which this rule applies are: Commodity Loans and Loan Deficiency Payments, 10.051. Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is not applicable to this rule because CCC is not required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking for the subject matter of this rule. Environmental Assessment The environmental impacts of this rule have been considered in accordance with the provisions of the national Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 *et seq.* , the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and FSA's regulations for compliance with NEPA, 7 CFR part 799. To the extent these authorities may apply, CCC has concluded that this rule is categorically excluded from further environmental review as evidenced by the completion of an environmental evaluation. No extraordinary circumstances or other unforeseeable factors exist which would require preparation of an environmental assessment or environmental impact statement. A copy of the environmental evaluation is available for inspection and review upon request. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988, Civil Justice Reform. In accordance with this Executive Order:

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

(2)except as specifically stated in this rule, no retroactive effect will be given to this rule; and

(3)administrative proceedings in accordance with 7 CFR part 780 must be exhausted before seeking judicial review. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See the notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115 (June 24, 1983). Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)does not apply to this rule because CCC is not required by 5 U.S.C. 553 or any other law to publish a notice of rulemaking for the subject matter of this rule. Further, this rule contains no unfunded mandates as defined in sections 202 and 205 of UMRA. Government Paperwork Elimination Act CCC is committed to compliance with the Government Paperwork Elimination Act

(GPEA)and the Freedom to E-File Act, which require Government agencies in general and CCC in particular to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. The forms and other information collection activities required for the warehousing matters covered by this rule are fully implemented for the public to conduct business with CCC electronically. Documents also may be obtained by mail or fax. List of Subjects in 7 CFR Part 1423 Agricultural commodities, Approval of warehouses, Dairy products, Feed grains, Oilseeds, Price support programs, Processed commodities, Surplus agricultural commodities. For the reasons set forth in the preamble, 7 CFR part 1423 is revised to read as follows: PART 1423—COMMODITY CREDIT CORPORATION APPROVED WAREHOUSES Sec. 1423.1 Applicability. 1423.2 Administration. 1423.3 Definitions. 1423.4 General requirements. 1423.5 Application requirements. 1423.6 Financial information documentation requirements. 1423.7 Net worth alternatives. 1423.8 Approval or rejection. 1423.9 Examination of warehouses. 1423.10 Exceptions for United States Warehouse Act licensed warehouses. 1423.11 Reserved. 1423.12 Application, inspection, and annual agreement fees. 1423.13 Appeals, suspensions, and debarment. Authority: 15 U.S.C. 714b and 714c. § 1423.1 Applicability.

(a)This part sets forth the terms and conditions for approval of a warehouse operator by the Commodity Credit Corporation

(CCC)to store and handle CCC interest commodities, which are owned by CCC and, as may be required under parts 1421, 1427 and 1435 of this title, with respect to commodities pledged as security for a loan made by CCC. CCC may require that a warehouse enter into a storage agreement under this part to store such commodities. The execution of such a storage agreement by CCC does not constitute a commitment that CCC will use the warehouse.

(b)By entering into a storage agreement with CCC, the warehouse operator agrees to comply with the terms and conditions of the storage agreement. § 1423.2 Administration. On behalf of CCC, the Farm Service Agency

(FSA)will administer this part under the supervision of the Deputy Administrator for Commodity Operations (Deputy Administrator), FSA. § 1423.3 Definitions. *Agreement* means agreements covering storage and handling of any such commodity CCC may determine appropriate for storage. *KCCO* means the FSA, Kansas City Commodity Office. *Warehouse* means a building, structure, or other protected enclosure, in good state of repair, and adequately equipped to receive, handle, store, preserve, and deliver the applicable commodity. *Warehouse operator* means an individual, partnership, corporation, association, or other legal entity engaged in the business of storing or handling for hire, or both, the applicable commodity. § 1423.4 General requirements.

(a)Unless otherwise provided in this part, approved warehouse operators must maintain a current and valid license for the kind of storage operation for which the warehouse operator seeks approval if such a license is required by State or local laws or regulations and maintain accurate and complete inventory and operating records.

(b)Approved warehouse operators may only use pre-numbered warehouse receipts, or pre-assigned ranges of numbers for electronic warehouse receipts as set forth in the agreement, and may only use pre-numbered scale tickets, if applicable, as CCC may approve.

(c)In addition, the warehouse operator must:

(1)Be in compliance with state and local laws regarding fire safety;

(2)Furnish a copy of any written lease agreement to CCC with the application. All leases are subject to CCC approval; and

(3)Have sufficient employees and management with technical qualifications and skills in the warehousing business regarding the commodities subject to the agreement.

(d)Unless otherwise provided in this part, each approved warehouse shall:

(1)Be maintained under the control of the warehouse operator;

(2)Be maintained in a good state of repair; and

(3)Maintain adequate equipment to receive, handle, store, preserve and deliver the applicable commodity. § 1423.5 Application requirements. To apply for approval under this part, a warehouse operator shall submit to CCC the following:

(a)An application as prescribed by CCC for the applicable commodity storage agreement;

(b)Evidence of compliance with § 1423.4;

(c)Current financial information sufficient to meet the requirements of § 1423.6;

(d)For State licensed or non-licensed warehouse operators, a sample copy of the warehouse operator's warehouse receipts or electronic warehouse receipt record descriptor when applicable; and

(e)Such other documents or information as CCC may require to make a determination that the warehouse operator can comply with the provisions of this part. § 1423.6 Financial information documentation requirements. To be approved under this part, a warehouse operator shall submit a current financial statement at the time of application, and annually thereafter, as provided for in the applicable storage agreement. § 1423.7 Net worth alternatives. Warehouse operators with net worth equal to or greater than the minimum net worth required, but less than the total net worth for the commodity involved in the particular agreement, may satisfy the net worth deficiency by furnishing one of the following:

(a)A bond which:

(1)Is executed by a surety approved by the U.S. Department of the Treasury so long as the surety maintains someone authorized to accept service of legal process in the State where the warehouse is located.

(2)Is executed on either a bond form obtained from CCC, or which is furnished under State law or operational rules for non-governmental supervisory agencies, if approved by CCC, so long as CCC determines that such alternative bond:

(i)Provides adequate protection to CCC;

(ii)Has been executed by a surety approved by the U.S. Department of the Treasury or has an acceptable blanket rider and endorsement executed by such a surety with the liability of the surety under such rider or endorsement being the same as that of the surety under the original bond; and

(iii)Is effective for at least 1 year and cannot be canceled without 120 days notice to CCC. Excess coverage on a bond for one warehouse will not be accepted by CCC against insufficient bond coverage on other warehouses;

(b)Cash and negotiable securities. Any such cash or negotiable securities accepted by CCC will be returned to the warehouse operator when the period for which coverage was required has ended and CCC determines there is no liability under the storage agreement;

(c)An irrevocable letter of credit meeting CCC requirements that is effective for at least 1 year and cannot be canceled without 120 days notice to CCC. The issuing bank must be a commercial bank insured by the Federal Deposit Insurance Corporation or a financial institution subject to the Farm Credit Act, or

(d)Other alternative instruments and forms of financial assurance as the Deputy Administrator determines appropriate to secure the warehouse operator's compliance with this section. § 1423.8 Approval or rejection.

(a)CCC will notify warehouse operators approved under this part in writing. Such approval does not relieve the warehouse operator of any obligation under any agreement to CCC or any other agency of the United States, and does not obligate CCC to use the warehouse.

(b)CCC will notify the warehouse operator of rejection under this part in writing. The notification will state the cause(s) for rejection. Except for rejections due to the requirements of § 1423.4(c)(5), CCC will reconsider a warehouse for approval when the warehouse operator establishes that the reasons for rejection have been remedied or requests reconsideration of the action and presents to the Director, KCCO, in writing, information in support of such request. The warehouse operator may, if dissatisfied with the Director's determination, obtain a review of the determination and an informal hearing by submitting a request with the Deputy Administrator. Appeals shall be as prescribed in part 780 of this title. § 1423.9 Examination of warehouses. Before approval, and while a storage agreement is in effect, a warehouse must be examined by a person designated by CCC periodically to determine compliance with this part. CCC or any other agency of USDA shall, at any time, have the right to inspect the warehouse storage facilities and any applicable records. Inspection or examination by CCC does not absolve the warehouse operator of any failure to comply with this part that CCC does not discover. Failure to allow access to facilities as required under this paragraph will result in rejection or revocation of approval. § 1423.10 Exceptions for United States Warehouse Act licensed warehouses. The financial requirements, net worth alternatives and examination provisions of this part do not apply if the warehouse operator is licensed under the U.S. Warehouse Act

(USWA)for such commodities, but an examination under this part will be made of such a warehouse whenever CCC determines such action is necessary to protect its interests. § 1423.11 Reserved. § 1423.12 Application, inspection, and annual agreement fees. Each warehouse operator not licensed under USWA shall pay to CCC a fee or fees, including an application fee, inspection fee, and an annual agreement fee for each warehouse approved by CCC or for which approval is sought. The terms and conditions of such fees will be set forth in the applicable agreement. § 1423.13 Appeals, suspensions, and debarment.

(a)After initial approval, warehouse operators may request that CCC reconsider adverse actions when the warehouse operator establishes that the reasons for the action have been remedied or requests reconsideration of the action and presents to the Director, KCCO, in writing, information in support of such request. The warehouse operator may, if dissatisfied with the Director's determination, obtain a review of the determination and an informal hearing by submitting a request to the Deputy Administrator. Appeals shall be as prescribed in part 780 of this title, and under such regulations the warehouse operator shall be considered as a “participant.”

(b)Suspension and debarment actions taken under this part shall be conducted in accordance with part 1407 of this chapter. After expiration of the suspension or debarment period, a warehouse operator may, at any time, apply for approval under this part. Signed at Washington, DC, on June 7, 2006. Glen L. Keppy, Acting Executive Vice President, Commodity Credit Corporation. [FR Doc. E6-9834 Filed 6-21-06; 8:45 am] BILLING CODE 3410-05-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy 10 CFR Part 440 RIN 1904-AB56 Weatherization Assistance Program for Low-Income Persons AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Direct final rule. SUMMARY: The Department of Energy

(DOE)is issuing a direct final rule to amend the regulations for the Weatherization Assistance Program for Low-Income Persons to incorporate statutory changes resulting from the passage of the Energy Policy Act of 2005. In this direct final rule, DOE defines renewable energy systems eligible for funding in the Weatherization Assistance Program, establishes criteria for performance and quality standards for eligible renewable energy systems, establishes procedures for submission of and action on manufacturer petitions for Secretarial determinations of eligibility of renewable energy technologies and systems, and establishes a ceiling for funding of renewable energy systems in the Weatherization Assistance Program. DATES: This direct final rule is effective August 21, 2006, unless adverse or critical comments are received by July 24, 2006. If the effective date is delayed, timely notice will be published in the **Federal Register** . ADDRESSES: You may submit comments, identified by RIN 1904-AB56, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-Mail: Weatherization.rules@ee.doe.gov.* Include RIN 1904-AB56 in the subject line of the message. • *Mail:* Weatherization Assistance Program, U.S. Department of Energy, Mail Stop EE-2K, 5E-066, 1000 Independence Avenue, SW., Washington, DC 20585. You may obtain electronic copies of this rulemaking and review comments received by DOE by visiting the DOE Freedom of Information Reading Room, Department of Energy, Room 1E-190, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585,

(202)586-3142, between the hours of 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: John Atcheson, Weatherization Assistance Program, U.S. Department of Energy, Mail Stop EE-2K, 5E-066, 1000 Independence Avenue, SW., Washington, DC 20585,

(202)586-0771. SUPPLEMENTARY INFORMATION: I. Introduction II. Amendments to the Weatherization Assistance Program III. Final Action IV. Procedural Requirements V. The Catalog of Federal Domestic Assistance VI. Approval of the Office of the Secretary I. Introduction The Department of Energy

(DOE)amends the program regulations for the Weatherization Assistance Program for Low-Income Persons. The program is authorized by Title IV, Part A, of the Energy Conservation and Production Act, 42 U.S.C. 6861 *et seq.* The amendments made by this direct final rule are necessitated by certain changes in the Weatherization Assistance Program mandated in the Energy Policy Act of 2005 (Pub. L. 109-58) (EPACT 2005). Specifically, section 206 of EPACT 2005 amended section 415(c) of the Energy Conservation and Production Act (42 U.S.C. 6865(c)) to provide funding to low-income persons for renewable energy systems and to set a new ceiling for funding of renewable energy systems in the Weatherization Assistance Program. In this direct final rule, DOE defines renewable energy systems eligible for funding in the Weatherization Assistance Program, establishes criteria for performance and quality standards for eligible renewable energy systems, establishes procedures for submission of and action on manufacturer petitions for Secretarial determinations of eligibility of renewable energy technologies and systems, and establishes a ceiling for funding of renewable energy systems in the Weatherization Assistance Program. DOE is today amending the program regulations to include specific requirements mandated by EPACT 2005. DOE is not now proposing any additions to the forms of renewable energy included in the definition of “renewable energy system.” Nor is DOE proposing renewable energy system performance and quality standards beyond those included in EPACT 2005. Thus, DOE views these amendments to be noncontroversial and appropriate for direct final rulemaking (see III. Final Action for information on this procedure). II. Amendments to the Weatherization Assistance Program This section of the preamble provides a section-by-section description of the amendments made by this direct final rule. *Section 440.1 (Purpose and Scope).* DOE amends 10 CFR 440.1 to explicitly state that the program's goals include the use of renewable energy systems and technologies. While DOE considered renewable energy systems and technologies to be eligible for funding under the program prior to the passage of EPACT 2005, Congress has clarified the scope and treatment of such systems by providing specific definitions and criteria to be used in assessing eligibility and by expanding funding opportunities for renewable energy systems. *Section 440.3 (Definitions).* DOE amends 10 CFR 440.3, the definitions section, to add definitions of the terms “biomass” and “renewable energy system.” These definitions are taken from section 206 of EPACT 2005, which amends 42 U.S.C. 6865(c) to include the definitions in a new subsection (6). *Section 440.18 (Allowable Expenditures).* DOE amends 10 CFR 440.18 to add a new paragraph

(b)that incorporates the new statutory provisions addressing renewable energy systems and specifying a ceiling of $3,000 per dwelling for labor, weatherization materials, and related matters. Redesignated paragraph

(c)(formerly paragraph (b)) is amended to provide that the procedure for annual adjustments to the ceiling for expenditures on a dwelling under the program applies to the $3,000 renewable energy system cap, as well as to the $2,500 cap that applies to other eligible weatherization expenditures under the program. This amendment applies prospectively; DOE will not apply the $3,000 cap retroactively to recalculate weatherization assistance awarded since 2000. Rather, the amendment is intended only to implement the new statutory ceiling applicable to renewable energy systems, and to clarify that the formula used for increasing the ceiling specified in 2000 also applies to the cap for renewable energy technologies and systems. *Section 440.21 (Weatherization materials, standards and energy audit procedures).* DOE amends 10 CFR 440.21 to incorporate criteria for defining and evaluating what is an acceptable renewable energy technology or system for funding under the Weatherization Assistance Program. A new paragraph (c)(1) in this section specifies performance and quality standards criteria for renewable energy systems. These criteria are taken from amendments to the Energy Conservation and Production Act made by EPACT 2005, specifically 42 U.S.C. 6865(c)(5)(D) and (6)(A)(iii) and (iv). New paragraph (c)(2) establishes a procedure for submission of and action on petitions by manufacturers requesting the Secretary of Energy to certify a new technology or system as an eligible renewable energy system. This amendment implements 42 U.S.C. 6865(c)(5)(A)(ii) and (B), added to the Energy Conservation and Production Act by EPACT 2005. In applying these requirements, DOE will build upon the approaches used now for energy efficiency materials and procedures. III. Final Action DOE is publishing this direct final rule without prior proposal because DOE views these amendments as noncontroversial and anticipates no significant adverse comments. However, in the event that significant adverse or critical comments are filed, DOE has prepared a notice of proposed rulemaking

(NOPR)proposing the same amendments. This NOPR is published as a separate document in this **Federal Register** publication. The direct final rule will be effective August 21, 2006, unless significant adverse or critical comments are received by July 24, 2006. If DOE receives significant adverse or critical comments, the revisions to 10 CFR part 440 in this direct final rule will be withdrawn before the effective date. In the case of withdrawal of this action, the withdrawal will be announced by a subsequent **Federal Register** document. All public comments will then be addressed in a separate final rule based on the proposed rule that is also issued today. DOE will not implement a second comment period on this action. Any persons interested in commenting on this rule should do so at this time. IV. Procedural Requirements A. Review Under Executive Order 12866 Today's direct final rule has been determined not to be “a significant regulatory action” under Executive Order 12866, “Regulatory Planning and Review,” 58 FR 51735 (October 4, 1993). Accordingly, this action was not subject to review under that Executive Order by the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB). B. National Environmental Policy Act DOE has determined that promulgation of this direct final rule falls into a class of actions that would not individually or cumulatively have a significant impact on the human environment, as determined by DOE regulations implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ). Specifically, this direct final rule is covered under the Categorical Exclusion found in DOE's National Environmental Policy Act regulations at paragraph A.5 of appendix A to subpart D, 10 CFR part 1021, which applies to rulemakings that interpret or amend an existing regulation without changing the environmental effect of the regulation. Accordingly, neither an environmental assessment nor an environmental impact statement is required. C. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking,” 67 FR 53461 (August 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process (68 FR 7990). DOE has made its procedures and policies available on the Office of General Counsel's Web site at *http://www.gc.doe.gov.* DOE has reviewed today's direct final rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. The direct final rule amends DOE's Weatherization Assistance Program regulations to incorporate statutory changes made to the grant program. These amendments do not independently have any economic impact on small entities. Moreover, the EPACT 2005 changes expand the benefits available under the program for grant recipients; the statutory changes cause no adverse impact on any recipient. On the basis of the foregoing, DOE certifies that the amendments will not have a significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared a regulatory flexibility analysis for this rulemaking. DOE's certification and supporting statement of factual basis will be provided to the Chief Counsel for Advocacy of the Small Business Administration pursuant to 5 U.S.C. 605(b). D. Paperwork Reduction Act This direct final rule will not impose any new collection of information subject to review and approval by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* E. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally requires Federal agencies to examine closely the impacts of regulatory actions on State, local, and tribal governments. Subsection 101(5) of Title I of that law defines a Federal intergovernmental mandate to include any regulation that would impose upon State, local, or tribal governments an enforceable duty, except a condition of Federal assistance or a duty arising from participating in a voluntary Federal program. Title II of that law requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and tribal governments, in the aggregate, or to the private sector, other than to the extent such actions merely incorporate requirements specifically set forth in a statute. Section 202 of that title requires a Federal agency to perform a detailed assessment of the anticipated costs and benefits of any rule that includes a Federal mandate which may result in costs to State, local, or tribal governments, or to the private sector, of $100 million or more. Section 204 of that title requires each agency that proposes a rule containing a significant Federal intergovernmental mandate to develop an effective process for obtaining meaningful and timely input from elected officers of State, local, and tribal governments. This direct final rule will not impose a Federal mandate on State, local or tribal governments, and it will not result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $100 million or more in any one year. Accordingly, no assessment or analysis is required under the Unfunded Mandates Reform Act of 1995. F. Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family Policymaking Assessment for any proposed rule that may affect family well-being. Today's direct final rule will not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. G. Executive Order 13132 Executive Order 13132, 64 FR 43255 (August 4, 1999), imposes certain requirements on agencies formulating and implementing policies or regulations that pre-empt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. DOE has examined this direct final rule and has determined that it would not pre-empt State law and would 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. No further action is required by Executive Order 13132. H. Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, Civil Justice Reform, 61 FR 4729 (February 7, 1996), imposes on Executive agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity;

(2)write regulations to minimize litigation; and

(3)provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. The review required by sections 3(a) and 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation:

(1)Clearly specifies the pre-emptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this direct final rule meets the relevant standards of Executive Order 12988. I. Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's notice under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. J. Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to the OMB a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated or is expected to lead to promulgation of a final rule, and that:

(1)Is a significant regulatory action under Executive Order 12866, or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy, or

(3)is designated by the Administrator of Office of Information and Regulatory Affairs

(OIRA)as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today's regulatory action would not have a significant adverse effect on the supply, distribution, or use of energy and is therefore not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. K. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of today's rule prior to its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). V. The Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance number for the Weatherization Assistance Program for Low-Income Persons is 81.042. VI. Approval of the Office of the Secretary The Secretary of Energy has approved publication of today's direct final rule, as well as the accompanying notice of proposed rulemaking. List of Subjects 10 CFR Part 440 Administrative practice and procedure, Aged, Energy conservation, Grant programs—energy, Grant programs—housing and community development, Housing standards, Indians, Individuals with disabilities, Reporting and recordkeeping requirements, Weatherization. Issued in Washington, DC, on June 9, 2006. Douglas L. Faulkner, Principal Deputy Assistant Secretary, Energy Efficiency and Renewable Energy. For the reasons set forth in the preamble, DOE amends part 440 of chapter II of title 10, Code of Federal Regulations, to read as follows: PART 440—WEATHERIZATION ASSISTANCE PROGRAM FOR LOW-INCOME PERSONS 1. The authority citation for part 440 continues to read as follows: Authority: 42 U.S.C. 6861 *et seq.* ; 42 U.S.C. 7101 *et seq.* § 440.1 [Amended] 2. Section 440.1 is amended by adding the words “or to provide such persons renewable energy systems or technologies” after the words “low-income persons,” where they are first used. 3. Section 440.3 is amended by adding in alphabetical order definitions of “biomass” and “renewable energy system” to read as follows: § 440.3 Definitions. *Biomass* means any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials. *Renewable energy system* means a system which when installed in connection with a dwelling—

(1)Transmits or uses solar energy, energy derived from geothermal deposits, energy derived from biomass (or any other form of renewable energy which DOE subsequently specifies through an amendment of this part) for the purpose of heating or cooling such dwelling or providing hot water or electricity for use within such dwelling; or wind energy for nonbusiness residential purposes; and

(2)Which meets the performance and quality standards prescribed in § 440.21

(c)of this part. 4. Section 440.18 is amended by: a. Redesignating paragraphs

(b)through

(e)as paragraphs

(c)through (f); b. Adding a new paragraph (b); c. Amending redesignated paragraph

(c)by adding the phrase “($3,000 for renewable energy systems)” after the words “The $2,500 average” in the introductory sentence. The additions read as follows: § 440.18 Allowable expenditures.

(b)The expenditure of financial assistance provided under this part for labor, weatherization materials, and related matters for a renewable energy system, shall not exceed an average of $3,000 per dwelling unit. 5. Section 440.21 is amended by: a. Revising paragraph (a); b. Redesignating paragraphs

(c)through

(h)as paragraphs

(d)through (i); c. Adding a new paragraph (c); d. Amending the introductory sentence of redesignated paragraph

(e)by removing the words “paragraph (c)” and adding in their place the words “paragraph (d)”; and, in redesignated paragraph (e)(2), by removing the words “paragraph (d)(1)” and adding in their place the words “paragraph (e)(1)”; and e. Amending redesignated paragraph

(g)by removing the words “paragraphs

(b)through (e)” and adding in their place the words “paragraphs

(b)through (f)”. The revisions and additions read as follows: § 440.21 Weatherization materials standards and energy audit procedures.

(a)Paragraph

(b)of this section describes the required standards for weatherization materials. Paragraph

(1)of this section describes the performance and quality standards for renewable energy systems. Paragraph

(2)of this section specifies the procedures and criteria that are used for considering a petition from a manufacturer requesting the Secretary to certify an item as a renewable energy system. Paragraphs

(d)and

(e)of this section describe the cost-effectiveness tests that weatherization materials must pass before they may be installed in an eligible dwelling unit. Paragraph

(f)of this section lists the other energy audit requirements that do not pertain to cost-effectiveness tests of weatherization materials. Paragraphs

(g)and

(h)of this section describe the use of priority lists and presumptively cost-effective general heat waste reduction materials as part of a State's energy audit procedures. Paragraph

(i)of this section explains that a State's energy audit procedures and priority lists must be re-approved by DOE every five years. (c)(1) A system or technology shall not be considered by DOE to be a renewable energy system under this part unless:

(i)It will result in a reduction in oil or natural gas consumption;

(ii)It will not result in an increased use of any item which is known to be, or reasonably expected to be, environmentally hazardous or a threat to public health or safety;

(iii)Available Federal subsidies do not make such a specification unnecessary or inappropriate (in light of the most advantageous allocation of economic resources); and

(iv)If a combustion rated system, it has a thermal efficiency rating of at least 75 percent; or, in the case of a solar system, it has a thermal efficiency rating of at least 15 percent.

(2)Any manufacturer may submit a petition to DOE requesting the Secretary to certify an item as a renewable energy system.

(i)Petitions should be submitted to: Weatherization Assistance Program, Office of Energy Efficiency and Renewable, Mail Stop EE-2K, 1000 Independence Avenue, SW., Washington, DC 20585.

(ii)A petition for certification of an item as a renewable energy system must be accompanied by information demonstrating that the item meets the criteria in paragraph (c)(1) of this section.

(iii)DOE may publish a document in the **Federal Register** that invites public comment on a petition.

(iv)DOE shall notify the petitioner of the Secretary's action on the request within one year after the filing of a complete petition, and shall publish notice of approvals and denials in the **Federal Register** . [FR Doc. E6-9858 Filed 6-21-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24090; Directorate Identifier 2006-CE-16-AD; Amendment 39-14664; AD 2006-13-11] 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)that supersedes AD 2002-21-08, which applies to certain Pilatus Aircraft Ltd (Pilatus) Model PC-6 airplanes. AD 2002-21-08 currently requires you to inspect the aileron assembly for correct configuration and modify as necessary. Since we issued AD 2002-21-08, the FAA determined the action should also apply to all the models of the PC-6 airplanes listed in the type certificate data sheet of Type Certificate

(TC)No. 7A15 that were produced in the United States through a licensing agreement between Pilatus and Fairchild Republic Company (also identified as Fairchild Industries, Fairchild Heli Porter, or Fairchild-Hiller Corporation). In addition, the intent of the applicability of AD 2002-21-08 was to apply to all the affected serial numbers of the airplane models listed in TC No. 7A15. This AD retains all the actions of AD 2002-21-08, adds those Fairchild Republic Company airplanes to the applicability of this AD, and lists the individual specific airplane models. We are issuing this AD to correct improper aileron assembly configuration, which could result in failure of the aileron mass balance weight. Such failure could lead to loss of control of the airplane. DATES: This AD becomes effective on August 7, 2006. As of December 6, 2002 (67 FR 64520, October 21, 2002), the Director of the Federal Register previously approved the incorporation by reference of Pilatus Service Bulletin No. 62B, dated May 1967, and Pilatus Service Bulletin No. 57-001, dated December 20, 2001, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 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-2006-24090; Directorate Identifier 2006-CE-16-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 the models of the PC-6 airplanes listed in the type certificate data sheet of TC No. 7A15 that are produced in the United States through a licensing agreement between Pilatus and Fairchild Republic Company (also identified as Fairchild Industries, Fairchild Heli Porter, or Fairchild-Hiller Corporation) airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on April 21, 2006 (71 FR 20597). The NPRM proposed to supersede AD 2002-21-08, Amendment 39-12914 (67 FR 64520, October 21, 2002), add those Fairchild Republic Company airplanes to the applicability of this proposed AD, and list the individual specific airplane models. The NPRM proposed to retain all the actions of AD 2002-21-08 for inspecting and modifying the aileron assembly. 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 per airplane Total cost on U.S. operators 1 work-hour × $80 per hour = $80 Not Applicable $80 49 × $80 = $3,920. We estimate the following costs to do any necessary modifications that would be required based on the results of the inspection. We have no way of determining the number of airplanes that may need such modification: Labor cost Parts cost Total cost per airplane 16 work-hours × $80 per hour = $1,280 $419 $1,280 + $419 = $1,699. 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-2006-24090; Directorate Identifier 2006-CE-16-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. FAA amends § 39.13 by removing Airworthiness Directive

(AD)2002-21-08, Amendment 39-12914 (67 FR 64520, October 21, 2002), and by adding the following new AD: **2006-13-11 Pilatus Aircraft Ltd.:** Amendment 39-14664; Docket No. FAA-2006-24090; Directorate Identifier 2006-CE-16-AD. Effective Date

(a)This AD becomes effective on August 7, 2006. Affected ADs

(b)This AD supersedes AD 2002-21-08, Amendment 39-12914. Applicability

(c)This AD affects the following 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 and serial numbers that are certificated in any category:

(1)Group 1 (maintains the actions from AD 2002-21-08): All manufacturer serial numbers

(MSN)up to and including 939.

(2)Group 2: MSN 2001 through 2092. Note: These airplanes are also identified as Fairchild Republic Company PC-6 airplanes, Fairchild Heli Porter PC-6 airplanes, or Fairchild-Hiller Corporation PC-6 airplanes. Unsafe Condition

(d)This AD results from mandatory continuing airworthiness information

(MCAI)issued by the airworthiness authority for Switzerland that requires the actions of AD 2002-21-08 for the added MSN 2001 through 2092 for all the models of the PC-6 airplanes listed in the type certificate data sheet of Type Certificate

(TC)No. 7A15. We are issuing this AD to correct improper aileron assembly configuration, which could result in failure of the aileron mass balance weight. Such failure could lead to loss of control of the airplane. Compliance

(e)To address this problem, you must do the following: Actions Compliance Procedures

(1)Inspect the aileron assembly for proper configuration

(i)For Group 1 Airplanes: Within the next 30 days after December 6, 2002 (the effective date of AD 2002-21-08), unless already done

(ii)For Group 2 Airplanes: Within the next 30 days after August 7, 2006 (the effective date of this AD), unless already done. Follow Pilatus Service Bulletin No. 62B, dated May 1967, as specified in Pilatus PC-6 Service Bulletin No. 57-001, dated December 20, 2001.

(2)If the aileron assembly configuration incorporates aileron part number (P/N) 6106.10.xxx or P/N 6106.0010.xxx, modify the assembly following Pilatus Service Bulletin No. 62B, dated May 1967, and install a placard *For All Airplanes:* Before further flight after the inspection required in paragraph (e)(1) of this AD, unless already done Follow Pilatus Service Bulletin No. 62B, dated May 1967, as specified in Pilatus PC-6 Service Bulletin No. 57-001, dated December 20, 2001.

(3)If the aileron assembly configuration differs from that specified in Pilatus Service Bulletin No. 62B, dated May 1967, or if the part numbers are missing and cannot be verified: *For All Airplanes:* Before further flight after the inspection required in paragraph (e)(1) of this AD, unless already done Follow Pilatus PC-6 Service Bulletin No. 57-001, dated December 20, 2001.

(i)Obtain a repair scheme from the manufacturer through the FAA at the address specified in paragraph

(f)of this AD; and

(ii)Incorporate this repair scheme.

(4)Do not install any aileron assembly unless the inspection, modification, placard, and repair requirements (as applicable) of paragraphs (e)(1), (e)(2), (e)(3), (e)(3)(i), and (e)(3)(ii) of this AD are done

(i)For Group 1 Airplanes: As of December 6, 2002 (the effective date of AD 2002-21-08)

(ii)For Group 2 Airplanes: As of August 7, 2006 (the effective date of this AD). Follow Pilatus PC-6 Service Bulletin No. 57-001, dated December 20, 2001. 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 2002-21-08 are approved for this AD. Related Information

(h)Swiss Airworthiness Directive 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 the instructions in Pilatus Service Bulletin No. 62B, dated May 1967, and Pilatus Service Bulletin No. 57-001, dated December 20, 2001.

(1)As of December 6, 2002 (67 FR 64520, October 21, 2002), the Director of the Federal Register previously approved the incorporation by reference of Pilatus Service Bulletin No. 62B, dated May 1967, and Pilatus Service Bulletin No. 57-001, dated December 20, 2001, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

(2)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-2006-24090; Directorate Identifier 2006-CE-16-AD. Issued in Kansas City, Missouri, on June 13, 2006. James E. Jackson, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 06-5587 Filed 6-21-06; 8:45 am]

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Traces to 25 documents