Unknown. Interim final rule with request for comments; correction

3,280 words·~15 min read·/register/2006/07/05/06-5871·

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--- schema: federal-register doc_type: fedreg source_file: FR-2006-07-05.xml --- 71 128 Wednesday, July 5, 2006 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 38167-38168 06-5960 Agricultural Agricultural Marketing Service PROPOSED RULES Nectarines and peaches grown in California, 38115-38118 E6-10425 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service See Natural Resources Conservation Service NOTICES Program payments; income tax exclusion; primary purpose determinations:

Forest Land Recovery Program; payments for Federal tax purposes, 38128 E6-10420 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings: Access Board, 38133 E6-10413 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 38168-38170 06-5978 06-5979 06-5980 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Atlantic Ocean, Water Mill, NY, 38089-38091 E6-10472 St Lawrence River, Cape Vincent, NY, 38087-38088 E6-10471 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration Community Community Development Financial Institutions Fund NOTICES Agency information collection activities; proposals, submissions, and approvals, 38210-38211 E6-10412 Consumer Consumer Product Safety Commission NOTICES Meetings: Commission agenda, priorities, and strategic plan (2008 FY); canceled, 38137 06-5982 Defense Defense Department See Navy Department RULES Federal Acquisition Regulation (FAR):

Earned Value Management System, 38238-38247 06-5966 Emergency acquisitions, 38247-38250 06-5964 Introduction, 38238 06-5963 Small Entity Compliance Guide, 38250-38251 06-5965 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 38137-38138 06-5977 Travel per diem rates, civilian personnel; changes, 38138-38144 06-5976 Drug Drug Enforcement Administration NOTICES Schedules of controlled substances; production quotas Schedules I and II— Proposed 2006 aggregate, 38174-38176 E6-10467 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency PROPOSED RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Sulfuryl fluoride, 38125-38127 E6-10454 NOTICES Meetings: Board of Scientific Counselors Executive Committee, 38146-38147 E6-10427 Organization, functions, and authority delegations: EPA Docket Center; temporary closure due to flooding, 38147-38148 06-6025 Pesticide, food, and feed additive petitions: BASF Corp., 38150-38151 E6-10459 Bayer CropScience, 38151-38153 E6-10455 Interregional Research Project (No. 4), 38153-38156 E6-10453 E6-10456 Syngenta Crop Protection, Inc., 38156-38157 E6-10457 Pesticide registration, cancellation, etc.:

Azinphos-methyl, 38148-38149 E6-10452 Imazapyr, 38149-38150 E6-10449 Toxic and hazardous substances control: New chemicals; receipt and status information, 38157-38161 E6-10450 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 38161 06-6024 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 38059-38064 06-5943 06-5944 Honeywell, 38054-38059 06-5929 McDonnell Douglas, 38053-38054 06-5871 Standard instrument approach procedures, 38064-38066 06-5637 PROPOSED RULES Air traffic operating and flight rules, etc.:

Special awareness training for persons flying under visual flight rules within 100 nautical miles of Washington, DC metropolitan area, 38118-38125 06-5997 NOTICES Advisory circulars; availability, etc.: Aircraft Certification Service advisory circulars, policy documents, and technical standard policy documents, and technical standard orders, 38205-38206 06-5985 Meetings: RTCA, Inc.; correction, 38212 C6-5635 FCC Federal Communications Commission RULES Common carrier services:

Communications Assistance for Law Enforcement Act— Broadband access and services compliance, 38091-38111 06-5954 NOTICES Agency information collection activities; proposals, submissions, and approvals, 38161-38162 06-5824 Common carrier services: Wireless telecommunications services— Relocation cost sharing plan for licensees in 2.1 GHz bands; clearinghouse development and management proposals; filing window opened, 38162-38164 E6-10370 FDIC Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 38164-38165 06-6018 06-6019 Federal Energy Federal Energy Regulatory Commission RULES Natural gas companies (Natural Gas Act): Uniform system of accounts, forms, statements, and reporting requirements; revisions; correction, 38066 E6-10468 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 38206 E6-10470 Environmental statements; notice of intent: Cobb, Fulton, and DeKalb Counties, GA, 38207 06-5974 San Bernardino County, CA, 38207-38208 06-5987 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 38165-38166 E6-10410 Banks and band holding companies:

Formations, acquisitions, and mergers, 38166 E6-10399 Correction, 38166 E6-10438 Fish Fish and Wildlife Service NOTICES Meetings: North American Wetlands Conservation Council, 38172-38173 E6-10443 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Copper naphthenate solution, 38073-38074 E6-10407 Griseofulvin, 38072-38073 E6-10406 Ivermectin liquid, 38071-38072 E6-10444 Oxytetracycline hydrochloride soluble powder, 38072 E6-10445 NOTICES Human drugs:

Patent extension; regulatory review period determinations— TAXUS EXPRESS, 38170-38171 E6-10408 Reports and guidance documents; availability, etc.: Emerging clostridial disease; public workshop, 38171 E6-10409 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 38128-38130 E6-10405 E6-10466 Food Food Safety and Inspection Service NOTICES Reports and guidance documents; availability, etc.: Cross-contamination of foods by bacterial pathogens; retail and home food handling and preparation behaviors; information request, 38130-38132 E6-10418 Forest Forest Service NOTICES Environmental statements; notice of intent:

Black Hills National Forest, SD, 38132-38133 06-5971 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Earned Value Management System, 38238-38247 06-5966 Emergency acquisitions, 38247-38250 06-5964 Introduction, 38238 06-5963 Small Entity Compliance Guide, 38250-38251 06-5965 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 38137-38138 06-5977 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration NOTICES Scientific misconduct findings; administrative actions:

Zhao, Lingjie, 38166-38167 E6-10440 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Regulatory waiver requests; quarterly listing, 38214-38235 06-5932 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 38173-38174 E6-10448 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: MUTCO International, 38133-38136 06-5986 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau NOTICES Committees; establishment, renewal, termination, etc.:

Exxon Valdez Oil Spill Trustee Council, 38171-38172 06-5889 Pinedale Anticline Working Group and Task Groups, 38172 E6-10411 Meetings: Exxon Valdez Oil Spill Trustee Council, 38172 E6-10402 IRS Internal Revenue Service RULES Income taxes: Multi-step transactions; effect of elections, 38074-38075 E6-10253 Justice Justice Department See Drug Enforcement Administration RULES Bankruptcy Abuse and Consumer Protection Act: Nonprofit budget and credit counseling agencies and personal financial management instructional course providers;

United States Trustees approval, 38076-38085 E6-10234 Labor Labor Department See Occupational Safety and Health Administration NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Earned Value Management System, 38238-38247 06-5966 Emergency acquisitions, 38247-38250 06-5964 Introduction, 38238 06-5963 Small Entity Compliance Guide, 38250-38251 06-5965 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 38137-38138 06-5977 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 38177-38178 E6-10419 National Mediation National Mediation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 38178-38179 E6-10461 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands king and tanner crabs, 38112-38114 06-5981 West Coast States and Western Pacific fisheries— Pacific sardine, 38111-38112 E6-10465 NOTICES Endangered and threatened species permit applications, determinations, etc., 38136-38137 E6-10463 E6-10464 NRCS Natural Resources Conservation Service RULES Healthy Forests Reserve Program; implementation Correction, 38053 E6-10462 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 38144 E6-10430 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Elemental Wireless, LLC, 38144-38145 E6-10431 Hart Biologicals, Ltd., 38145-38146 E6-10429 Sequestered Solutions Alaska, LLC, 38146 E6-10428 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 38179-38180 E6-10423 Meetings; Sunshine Act, 38180 06-5998 Operating licenses, amendments, no significant hazards considerations; biweekly notices, 38180-38189 06-5899 Reports and guidance documents, availability, etc.:

Rhode Island; sealed source and device evaluation and approval authority, 38189-38190 E6-10424 Occupational Occupational Safety and Health Administration RULES Safety and health standards, etc.: Hexavalent chromium; occupational exposure, 38085-38087 06-5955 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 38190 06-6006 Personnel Personnel Management Office NOTICES Privacy Act; system of records, 38190-38192 E6-10369 Postal Postal Rate Commission NOTICES Post office closings; petitions for appeal:

Pittsburgh, PA, 38192-38193 E6-10439 Presidential Presidential Documents PROCLAMATIONS Trade: Generalized System of Preferences duty-free treatment; modification (Proc. 8033), 38253-38258 06-6034 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Fixed Income Clearing Corp., 38193 E6-10433 National Association of Securities Dealers, Inc., 38194-38198 E6-10434 E6-10436 New York Stock Exchange LLC, 38198-38199 E6-10414 Philadelphia Stock Exchange, Inc., 38199-38201 E6-10416 SBA Small Business Administration NOTICES Interest rates; quarterly determinations, 38201 E6-10421 Social Social Security Administration RULES Federal claims collection:

Federal salary offset, 38066-38071 E6-10435 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 38201-38202 E6-10442 Culturally significant objects imported for exhibition: Arts in Latin America, 1492-1820, 38202 E6-10446 Organization, functions, and authority delegations: Director of Foreign Assistance, et al., 38202-38205 E6-10451 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

CSX Transportation, Inc., 38208 06-5913 Iowa Northwestern Railroad, 38208 E6-10432 North Central Railway Association, Inc., 38209 E6-10372 Union Pacific Railroad Co., 38209 E6-10447 Railroad services abandonment: BNSF Railway Co., 38209-38210 E6-10374 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences: 2005 annual product and country practices reviews and previously-deferred country practice decisions, 38190 E6-10441 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board NOTICES Aviation proceedings:

Hearings, etc.— Nantucket Airlines, 38205 E6-10460 Treasury Treasury Department See Community Development Financial Institutions Fund See Internal Revenue Service Separate Parts In This Issue Part II Housing and Urban Development Department, 38214-38235 06-5932 Part III Defense Department; General Services Administration; National Aeronautics and Space Administration, 06-5963 38238-38251 06-5964 06-5965 06-5966 Part IV Executive Office of the President, Presidential Documents, 38253-38258 06-6034 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. 71 128 Wednesday, July 5, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service 7 CFR Part 625 Healthy Forests Reserve Program; Correction AGENCY: Natural Resources Conservation Service (NRCS), United States Department of Agriculture (USDA).

ACTION: Interim final rule with request for comments; correction. SUMMARY: This is to correct a URL address previously published in the Rules and Regulations section on Wednesday, May 17, 2006 (71 FR 28547). The error occurred in a URL in the ADDRESSES section on page 28548. The entire ADDRESSES section with the corrected URL is published below. This interim final rule sets forth how NRCS will implement HFRP to meet the statutory objectives of the program. DATES: This rule is effective May 17, 2006.

Comments must be received by August 15, 2006. ADDRESSES: Send comments by mail to Robin Heard, Director, Easement Program Division, Natural Resources Conservation Service, P.O. Box 2890, Washington, DC 20013-2890; or by e-mail: *Rules@usda.gov* ; attn: Healthy Forests Reserve Program. This rule may also be accessed via Internet through the NRCS homepage at *http://www.nrcs.usda.gov/programs/HFRP/ProgInfo/Index.html.* The rule may also be reviewed and comments may be submitted via the Federal Government's centralized rulemaking Web site at *http://www.regulations.gov.* All comments, including the name and address of each commenter, will become a matter of public record, and may be viewed during normal business hours by contacting NRCS at the address above.

FOR FURTHER INFORMATION CONTACT: Robin Heard, Director, Easement Programs Division, NRCS, P.O. Box 2890, Washington, DC 20013-2890; telephone:

(202)720-1854; fax:

(202)720-4265; e-mail: *Robin.Heard@wdc.usda.gov* , Attention: Healthy Forests Reserve Program. Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact the USDA Target Center at

(202)720-2600 (voice and TDD). Signed in Washington, DC, on June 29, 2006. Teressa Davis, Federal Register Liaison, Natural Resources Conservation Service. [FR Doc. E6-10462 Filed 7-3-06; 8:45 am] BILLING CODE 3410-16-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24430; Directorate Identifier 2006-NM-048-AD; Amendment 39-14671; AD 2006-13-18] RIN 2120-AA64 Airworthiness Directives; McDonnell Douglas Model DC-9-31, DC-9-32, DC-9-32F, DC-9-33F, DC-9-34, and DC-9-34F Airplanes; and Model DC-9-40 and DC-9-50 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive

(AD)for certain transport category airplanes, identified above. This AD requires installing a bonding jumper from the boost pump volute to the fuel tank structure, and related investigative/corrective actions. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent point-contact arcing or filament heating in the fuel tank, which, in the event of a short or ground fault inside the fuel tank, could result in a fuel tank explosion and consequent loss of the airplane. DATES: This AD becomes effective August 9, 2006. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of August 9, 2006. ADDRESSES: You may examine the AD docket on the Internet at *http://dms.dot.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, Room PL-401, Washington, DC. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for service information identified in this AD. FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; telephone

(562)627-5262; fax

(562)627-5210. SUPPLEMENTARY INFORMATION: Examining the Docket You may examine the airworthiness directive

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

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

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to certain McDonnell Douglas transport category airplanes. That NPRM was published in the **Federal Register** on April 13, 2006 (71 FR 19140). That NPRM proposed to require installing a bonding jumper from the boost pump volute to the fuel tank structure, and related investigative/corrective actions. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance There are about 250 airplanes of the affected design in the worldwide fleet. This AD will affect about 152 airplanes of U.S. registry. The required actions will take about 9 work hours per airplane, at an average labor rate of $80 per work hour. Required parts will cost about $2,385 per airplane. Based on these figures, the estimated cost of this AD for U.S. operators is $471,960, or $3,105 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:

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

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

(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration

(FAA)amends § 39.13 by adding the following new airworthiness directive (AD): **2006-13-18 McDonnell Douglas:** Amendment 39-14671. Docket No. FAA-2006-24430; Directorate Identifier 2006-NM-048-AD. Effective Date

(a)This AD becomes effective August 9, 2006. Affected ADs

(b)None. Applicability

(c)This AD applies to McDonnell Douglas Model DC-9-31, DC-9-32, DC-9-32F, DC-9-33F, DC-9-34, DC-9-34F, DC-9-41, and DC-9-51 airplanes, certificated in any category; as identified in Boeing Service Bulletin DC9-28-214, dated December 16, 2005. Unsafe Condition

(d)This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent point-contact arcing or filament heating in the fuel tank, which, in the event of a short or ground fault inside the fuel tank, could result in a fuel tank explosion and consequent loss of the airplane. Compliance

(e)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Installation

(f)Within 60 months after the effective date of this AD, install a bonding jumper from the boost pump volute to the fuel tank structure, and do all applicable related investigative and corrective actions before further flight; by doing all the actions specified in the Accomplishment Instructions of Boeing Service Bulletin DC9-28-214, dated December 16, 2005. Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, Los Angeles Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19.

(2)Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Material Incorporated by Reference

(h)You must use Boeing Service Bulletin DC9-28-214, dated December 16, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1-L5A (D800-0024), for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at *http://dms.dot.gov* ; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call

(202)741-6030, or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Issued in Renton, Washington, on June 22, 2006. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 06-5871 Filed 7-3-06; 8:45 am]

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