Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · REGISTER · 2006-07-14 · PROPOSED RULES · Agriculture Agriculture Department See Federal Crop Insurance Corporation See Forest Service See Rural Utilities Service Arts Arts and Humanities, National Foundation See National Foundation on the Ar · Unknown

Unknown. Final rule; Correction

23,234 words·~106 min read·/register/2006/07/14/06-6236·

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-2006-07-14.xml --- 71 135 Friday, July 14, 2006 Contents Agriculture Agriculture Department See Federal Crop Insurance Corporation See Forest Service See Rural Utilities Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 40064 E6-11075 Centers Centers for Disease Control and Prevention NOTICES Committees; establishment, renewal, termination, etc.:
Safety and Occupational Health Study Section, 40126 E6-11095 Meetings: Los Alamos Historical Document Retrieval and Assessment Project Study Team, 40126 E6-11097 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 40126-40127 06-6191 Children Children and Families Administration PROPOSED RULES Foster Care Independence Act of 1999; implementation: Chafee Foster Care Independence Program; National Youth in Transition Database, 40346-40382 06-6005 NOTICES Agency information collection activities; proposals, submissions, and approvals, 40127-40128 06-6227 Privacy Act; computer matching programs, 40128-40129 06-6226 Coast Guard Coast Guard RULES Regattas and marine parades:
Annual Greater Jacksonville Kingfish Tournament, 40012-40014 E6-10585 NOTICES Meetings: National Boating Safety Advisory Council, 40139-40140 E6-11105 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 40063-40064 E6-11164 Comptroller Comptroller of the Currency Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 40119-40121 06-6228 Commodity Commodity Futures Trading Commission NOTICES Foreign futures and options transactions:
Foreign boards of trade located outside U.S.; requirement to become designated contract market or derivatives transaction execution facility, 40081-40082 E6-11120 Meetings: Agricultural Advisory Committee, 40082 06-6259 Customs Customs and Border Protection Bureau PROPOSED RULES Air commerce and vessels in foreign and domestic trades: Passengers, crew members, and non-crew members traveling onboard international commercial flights and voyages; electronic manifest transmission requirements, 40035-40048 06-6237 NOTICES Agency information collection activities; proposals, submissions, and approvals, 40140-40141 E6-11132 Defense Defense Department PROPOSED RULES Privacy Act; implementation, 40282-40314 06-6011 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 40082-40083 06-6242 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:
Cranston Print Works Co., 40154 E6-11094 Dekko Technologies, Inc., 40154 E6-11091 Eaton Corp., 40154 E6-11084 Frame Builders Industries, 40154 E6-11090 Greatbatch Hittman, Inc., 40154-40155 E6-11093 Le Sportsac, 40155 E6-11092 NIBCO et al., 40155-40156 E6-11086 Simclar, Inc., et al., 40156-40158 E6-11089 Staktek Group L.P. et al., 40158-40160 E6-11088 Werner Co., 40160 E6-11083 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Advisory Board, 40083 E6-11104 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:
Miscellaneous organic chemical manufacturing, 40316-40342 06-5970 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Rhode Island, 40014-40023 E6-11108 West Virginia, 40023-40025 E6-11107 Solid wastes: Hazardous waste and used oil; miscellaneous corrections, 40254-40280 06-5601 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania; Philadelphia-Trenton-Wilmington nonattainment area, 40048-40051 E6-11109 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:
Bentazon, etc., 40051-40057 E6-11016 NOTICES Agency information collection activities; proposals, submissions, and approvals, 40093-40095 E6-11106 Environmental statements; availability, etc.: Agency comment availability, 40095-40096 E6-11129 Agency weekly receipts, 40096-40097 E6-11125 Pesticide, food, and feed additive petitions: Bayer CropScience LLC, 40099-40100 E6-11007 E. I. du Pont de Nemours & Co., 40100-40105 E6-11006 E6-11008 E6-11009 Interregional Research Project (No. 4), 40105-40106 E6-11003 Monsanto Co., 40106-40108 E6-11014 Pesticide registration, cancellation, etc.:
Dicamba acid, 40097-40099 E6-11117 Pesticides; experimental use permits, etc.: Arysta LifeScience North America Corp., 40108-40109 E6-11015 Executive Executive Office for Immigration Review NOTICES Practice and procedure: Detained aliens; briefing deadline extensions, 40151-40152 06-6221 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Air carrier certification and operations: Child restraint systems; additional types that may be furnished and used on aircraft, 40003-40010 E6-11112 NOTICES Meetings:
Aviation Rulemaking Advisory Committee, 40175 E6-11111 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Crop insurance regulations: Common crop insurance regulations; basic provisions, and various crop insurance provisions; amendments, 40194-40252 06-5962 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 40119-40121 06-6228 Federal Emergency Federal Emergency Management Agency RULES Disaster assistance:
Public assistance eligibility, 40025-40027 E6-11128 NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-11127 40141-40142 E6-11130 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent: South Carolina Public Service Authority, 40091 E6-11181 Hydroelectric applications, 40091-40092 E6-11169 Meetings: Duke Energy Guadalupe Pipeline, Inc., 40092 E6-11182 *Applications, hearings, determinations, etc.:* Alliance Pipeline L.P., 40083-40084 E6-11184 E6-11186 CenterPoint Energy-Mississippi River Transmission Corp., 40084 E6-11170 Columbia Gulf Transmission Co. et al., 40084-40085 E6-11178 Dominion Transmission, Inc., 40085 E6-11185 Eastern Shore Natural Gas Co., 40085-40086 E6-11173 Enogex Inc., 40086 E6-11183 Equitrans, L.P., 40086 E6-11172 Gas Transmission Northwest Corp., 40086-40087 E6-11165 Indeck Energy Services of Silver Springs, Inc., et al., 40087 E6-11166 Kinder Morgan Interstate Gas Transmission LLC, 40087 E6-11175 MIGC, Inc., 40087-40088 E6-11187 Missouri Interstate Gas, LLC, et al., 40088-40089 E6-11176 Northern Natural Gas Co., 40089 E6-11171 Rockies Express Pipeline, L.L.C., 40089-40090 E6-11189 Transcontinental Gas Pipe Line Corp., 40090 E6-11174 Trunkline Gas Co., LLC, 40090-40091 E6-11179 Williston Basin Interstate Pipeline Co., 40091 E6-11177 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system:
Community support review; members selected for review; list, 40109-40119 E6-10779 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 40175-40176 E6-11140 Federal Railroad Federal Railroad Administration NOTICES Environmental statements; notice of intent: Victorville, CA and Las Vegas, NV; DesertXpress high speed train project, 40176-40178 E6-11154 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 40119-40121 06-6228 Banks and bank holding companies:
Change in bank control, 40121 E6-11068 Formations, acquisitions, and mergers, 40121-40122 E6-11069 E6-11162 Permissible nonbanking activities, 40122 E6-11163 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Thrift Savings Plan: Service Office and ThriftLine contact information; update, 40034-40035 E6-11064 FTC Federal Trade Commission NOTICES Prohibited trade practices: Hologic, Inc., 40122-40125 E6-11070 Federal Transit Federal Transit Administration NOTICES Reports and guidance documents; availability, etc.:
Title VI Program Guidelines for Urban Mass Transit Administration Recipients; Title VI circular revised, 40178-40187 E6-11071 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: Incidental take permits— Orange County, CA; Orange County Southern Subregion Habitat Conservation Plan, 40145-40147 E6-10917 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Ivermectin paste, 40010 E6-11073 NOTICES Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— PHENERGAN (Promethazine hydrochloride) tablets, 12.5 milligrams and 50 milligrams, 40129-40130 E6-11072 Medical devices:
Anesthesiology and neurological devices— Breathing frequency monitor and electroencephalograph; classification change; petition denied, 40130-40131 E6-11115 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 40061 E6-11103 Meetings: Resource Advisory Committees— Beaverhead-Deerlodge National Forest; Madison-Beaverhead, 40062 06-6223 Beaverhead-Deerlodge National Forest; Tri-County, 40061-40062 06-6222 GSA General Services Administration NOTICES Environmental statements; record of decision:
Peace Arch Port of Redevelopment Project, WA, 40125 E6-11041 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Meetings: American Health Information Community, 06-6229 06-6230 06-6231 40125-40126 06-6232 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 40139 E6-11135 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 40142-40143 E6-11119 Grants and cooperative agreements; availability, etc.:
Homeless assistance; excess and surplus Federal properties, 40143-40144 E6-10849 Mortgage and loan insurance programs: Credit Watch Termination Initiative; mortgagees whose Origination Approval Agreements have been terminated; list, 40144-40145 E6-11118 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Confederated Tribes of Grand Ronde, OR, 40147 E6-11139 Eastern Shoshone Tribe of Wind River Reservation , WY, 40147 E6-11138 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping:
Ball bearings and parts from— Various countries, 40064-40067 E6-11123 Furfuryl alcohol from— Thailand, 40067-40068 E6-11126 Hot-rolled carbon steel flat products from— India, 40068-40069 E6-11122 Tapered roller bearings and parts, finished and unfinished, from— China, 40069-40075 06-6238 Export trade certificates of review, 40076 E6-11110 Justice Justice Department See Executive Office for Immigration Review Labor Labor Department See Employment and Training Administration See Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 40152-40154 E6-11081 E6-11082 E6-11087 MISSING FOR:
Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 40160-40161 E6-11085 Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 40147-40148 06-6233 Environmental statements; availability, etc.: Hollister Field Office managed public lands, CA; resource management plan, 40148 E6-11047 Oil and gas leases: Montana, 40149 E6-11074 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:
Arts Advisory Panel, 40161 E6-11142 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Seat belts in school buses; installation prevention; rulemaking petition denied, 40057-40060 E6-11136 NIH National Institutes of Health NOTICES Inventions, government-owned; availability for licensing, 40131-40133 06-6211 Meetings: National Cancer Institute, 06-6204 40133-40134 06-6208 National Institute of Allergy and Infectious Diseases, 40134 06-6201 National Institute of Child Health and Human Development, 06-6203 06-6205 40135-40137 06-6210 National Institute of Diabetes and Digestive and Kidney Diseases, 40134 06-6200 National Institute of Environmental Health Sciences, 40134-40135 06-6202 National Institute of General Medical Sciences, 40135-40136 06-6206 National Institute of Neurological Disorders and Stroke, 40136 06-6209 National Institute on Alcohol Abuse and Alcoholism, 40136 06-6207 National Library of Medicine, 40137 06-6198 Scientific Review Center, 40137-40138 06-6199 Patent licenses; non-exclusive, exclusive, or partially exclusive:
MedGenesis Therapeutix, Inc., 40138-40139 06-6213 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, 40030-40033 E6-11137 Pacific Ocean perch, 06-6214 06-6234 40028-40030 06-6235 Northeastern United States fisheries— Atlantic sea scallop, 40027-40028 06-6236 NOTICES Exempted fishing permit applications, determinations, etc., 40076-40078 E6-11067 Meetings:
Gulf of Mexico Fishery Management Council, 40078 E6-11161 Science Advisory Board, 40344 06-6197 Southeastern Data, Assessment, and Review Steering Committee, 40078-40079 E6-11159 Southeastern Data, Assessment, and Review workshops, 40079-40080 E6-11160 Scientific research permit applications, determinations, etc., 40080 E6-11133 Vessels monitoring systems: mobile transmitting units, 40080-40081 06-6253 National Park National Park Service NOTICES Environmental statements; availability, etc.:
Olympic National Park, WA; general management plan, 40149-40150 06-6224 Meetings: Jimmy Carter National Historic Site Advisory Commission, 40150 E6-11098 National Register of Historic Places; pending nominations, 40150-40151 E6-11124 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 40161-40162 06-6264 Nuclear Nuclear Regulatory Commission RULES Nuclear equipment and material; export and import: Energy Policy Act; nuclear export and import provisions; implementation Correction, 40003 E6-11116 NOTICES Environmental statements; availability, etc.:
FirstEnergy Nuclear Operating Co. et al., 40162-40171 E6-11113 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Benefits payable in terminated plans and interest assumptions for valuing and paying benefits, 40011-40012 E6-11101 NOTICES Muliemployer and single-employer plans: Interest rates and assumptions, 40171-40172 E6-11100 Postal Postal Rate Commission NOTICES Domestic rates, fees, and mail classifications:
Periodicals nominal rate minor classification change, 40172-40174 E6-11141 RUS Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 40062-40063 06-6216 06-6217 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 40174 06-6249 State State Department NOTICES Culturally significant objects imported for exhibition: Picasso to Cezanne: Ambroise Vollard, Patron of the Avant-Garde, 40174 E6-11121 Foreign Operations, Export Financing, and Related Programs Appropriations Act:
Serbia; proposed European Bank for reconstruction and development projects; U.S. position determination, 40174-40175 E6-11114 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: South Plains Switching, Ltd. Co., 40187-40190 E6-10831 Railroad services abandonment: BNSF Railway Co., 40190-40191 E6-11030 Trade Trade Representative, Office of United States NOTICES Dominican Republic - Central America - United States Free Trade Agreement:
Retroactive duty treatment; eligibility determination, 40171 E6-11065 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Office of the Comptroller of the Currency See United States Mint U.S. Mint United States Mint NOTICES American eagle gold proof coins; price decrease, 40191 E6-11096 Separate Parts In This Issue Part II Agriculture Department, Federal Crop Insurance Corporation, 40194-40252 06-5962 Part III Environmental Protection Agency, 40254-40280 06-5601 Part IV Defense Department, 40282-40314 06-6011 Part V Environmental Protection Agency, 40316-40342 06-5970 Part VI Commerce Department, National Oceanic and Atmospheric Administration, 40344 06-6197 Part VII Health and Human Services Department, Children and Families Administration, 40346-40382 06-6005 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. 71 135 Friday, July 14, 2006 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 110 RIN 3150-AH88 Implementation of the Nuclear Export and Import Provisions of the Energy Policy Act of 2005; Correction AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule; Correction. SUMMARY: This document corrects a final rule appearing in the **Federal Register** on April 20, 2006 (71 FR 20336), that implemented provisions of the Energy Policy Act of 2005. This action is necessary to correct typographical errors that appeared in the codified text of the final rule. DATES: *Effective Date:* July 14, 2006. FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
Telephone: 301-415-7163 or Toll-Free: 1-800-368-5642 or E-mail: *MTL@NRC.Gov.* SUPPLEMENTARY INFORMATION: In 71 FR 20336, that appeared in the **Federal Register** on Thursday, April 20, 2006, the following corrections are made: § 110.42 [Corrected] 1. On page 20339, in the second column, in the second line of § 110.42(a)(9)(i), add the words “with respect to” between the words “section,” and “export” so the line reads “section, with respect to exports * * *.” 2. Also, on page 20339, in the second column, in the second line of § 110.42(a)(9)(i)(A), remove the word “tart” and add the word “target” in its place. 3.
Lastly, on page 20339, in the third column, in the first and second lines of § 110.42(a)(9)(ii)(A) remove the words “has supplied” and add the words “that supplies” in their place. Dated at Rockville, Maryland, this 10th day of July, 2006. For the Nuclear Regulatory Commission. Michael T. Lesar, Federal Register Liaison Officer. [FR Doc. E6-11116 Filed 7-13-06; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 91, 121, 125, and 135 [Docket No.
FAA-2006-25334; Amendment Nos. 91-292; 121-326; 125-51; and 135-106] RIN 2120-AI76 Additional Types of Child Restraint Systems That May Be Furnished and Used on Aircraft AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule; request for comments. SUMMARY: The Federal Aviation Administration
(FAA)is amending certain operating regulations to allow passengers or aircraft operators to furnish and use more types of Child Restraint Systems
(CRS)on aircraft. This rule will allow the use of CRSs that the FAA approves under the aviation standards of Technical Standard Order C-100b, Child Restraint Systems. In addition, the rule will allow the use of CRSs approved by the FAA under its certification regulations regarding the approval of materials, parts, processes, and appliances. Current rules allow passengers and aircraft operators to furnish and use CRSs that meet Federal Motor Vehicle Safety Standard No. 213 (FMVSS No. 213), or the standards of the United Nations, or that are approved by a foreign government. The intended effect of this regulation is to increase the number of CRS options that are available for use on aircraft, while maintaining safe standards for certification and approval. In addition, more CRS options may increase the voluntary use of CRSs on aircraft and, in turn, improve children's safety. DATES: This final rule is effective August 14, 2006. You must submit your comments on or before August 14, 2006. ADDRESSES: Address your comments to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2006-25334 at the beginning of your comments, and you should submit two copies of your comments. You may also submit comments through the Internet to *http://dms.dot.gov.* You may review the public docket containing comments to these regulations in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Dockets Office is on the plaza level of the NASSIF Building at the Department of Transportation at the above address. Also, you may review public dockets on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Nancy Lauck Claussen, Federal Aviation Administration, Flight Standards Service, Air Transportation Division (AFS-200), 800 Independence Avenue, SW., Washington, DC 20591; Telephone 202-267-8166, E-mail *nancy.l.claussen@faa.gov.* SUPPLEMENTARY INFORMATION: Comments Invited The FAA is adopting this final rule without prior notice and public comment. The Regulatory Policies and Procedures of the Department of Transportation
(DOT)(44 FR 1134; February 26, 1979), however, provide that, to the maximum extent possible, operating administrations for the DOT should provide an opportunity for public comment on regulations issued without prior notice. Therefore, we invite interested persons to participate in this rulemaking by submitting such written data, views, or arguments, as they may desire. We also invite comments relating to environmental, energy, federalism, or international trade impacts that might result from this amendment. Please include the regulatory docket or amendment number and send two copies to the address above. We will file all comments received, as well as a report summarizing each substantive public contact with FAA personnel on this rulemaking, in the public docket. The docket is available for public inspection before and after the comment closing date. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov.* The FAA will consider all comments received on or before the closing date for comments. We will consider late comments to the extent practicable. We may amend this final rule in light of the comments received. Commenters who want the FAA to acknowledge receipt of their comments submitted in response to this final rule must include a preaddressed, stamped postcard with those comments on which the following statement is made: “Comments to Docket No. FAA-2006-25334.” The postcard will be date-stamped by the FAA and mailed to the commenter. Availability of Final Rule You can get an electronic copy using the Internet by:
(1)Searching the Department of Transportation's electronic Docket Management System
(DMS)Web page ( *http://dms.dot.gov/search* );
(2)Visiting the FAA's Regulations and Policies web page at *http://www.faa.gov/regulations_policies/* ; or
(3)Accessing the Government Printing Office's web page at *http://www.gpoaccess.gov/fr/index.html.* You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling
(202)267-9680. Make sure to identify the docket number, notice number, or amendment number of this rulemaking. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. Therefore, any small entity that has a question regarding this document may contact their local FAA official, or the person listed under FOR FURTHER INFORMATION CONTACT . You can find out more about SBRFA on the Internet at our site, *http://www.faa.gov/regulations_policies/rulemaking/sbre_act/* . Authority for This Rulemaking The FAA's authority to issue rules on aviation safety is found in Title 49 of the United States Code. 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. The FAA is issuing this rulemaking under the authority set forth in 49 U.S.C. 44701(a)(5). Under that section, the Administrator is charged with promoting safe flight of civil aircraft by, among other things, prescribing regulations that the Administrator finds necessary for safety in air commerce Background August 26, 2005 CRS Final Rule On August 26, 2005, the FAA published a final rule that amended its operating regulations to allow the use of CRSs that are approved by the FAA through Type Certificate (TC), Supplemental Type Certificate (STC), or Technical Standard Order
(TSO)(70 FR 50902). The August 26, 2005 final rule allows an operator to provide these CRSs. It does not allow passengers to furnish and use a CRS approved through TC, STC, or TSO. This is in contrast to CRSs that meet FMVSS No. 213 or the standards of the United Nations, or are approved by a foreign government, which passengers may furnish and use on aircraft. Comments on the August 26, 2005 CRS Final Rule The FAA received 16 comments on the August 26, 2005 final rule. Commenters included individuals, a CRS manufacturer, and the American Academy of Pediatrics (AAP). The overwhelming majority of commenters requested that the FAA amend the August 26, 2005 final rule to allow passengers, in addition to aircraft operators, to furnish and use CRSs approved by the FAA. Many individuals stated that passengers should be able to obtain and use the AmSafe CAReS CRS, which received an STC from the FAA on April 15, 2005 and was referenced in the final rule. In the August 26, 2005 rule the FAA stated that we may amend the final rule in light of the comments received. After reviewing those comments, the FAA has decided to amend its operating rules to allow both passengers and aircraft operators to furnish and use CRSs that the FAA has approved under § 21.305(d) and TSO C-100b. This is similar to provisions in the current rules that allow passengers and aircraft operators to furnish and use CRSs that meet FMVSS No. 213 or the standards of the United Nations, or are approved by a foreign government. Because TCs and STCs are aircraft-specific, the FAA has determined it is very unlikely a manufacturer would use the STC process if it wanted to allow CRSs to be widely available to the public. It could be confusing to passengers if they were allowed to furnish CRSs approved by STC since the approval would only be for specific aircraft. For example, if passengers furnished CRSs approved by STC, they might be able to use them on one leg of a trip, but if they were on a different type aircraft for another leg of the trip, they would not be able to use the CRS unless it had been tested and approved for use on the second aircraft. Passengers could not furnish CRSs approved by TC since such CRSs are integrated into the aircraft design. AAP supported our August 26, 2005 modification to the child restraint rule and made three recommendations. First, it urged us to continue to emphasize flight attendant training regarding the use of CRSs. The FAA regulations and associated guidance, such as Advisory Circular 120-87, *Use of Child Restraint Systems on Aircraft* ( *http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf* ), continue to address flight attendant training in this area and other areas of cabin safety. Overall, the operator has the responsibility to ensure the proper use of CRSs. Second, AAP suggested that the FAA establish a unified process to allow FAA approval of a CRS for use on all seats and aircraft in addition to the FAA's STC process, which is tied to specific aircraft. The FAA's TSO process will allow manufacturers, or others, to develop CRSs that meet the standards of the TSO and obtain FAA approval for use on a wide variety of aircraft. Likewise, manufacturers, or others, may seek FAA approval of a CRS through § 21.305(d) of the regulations. In either case, aircraft operators, passengers, and certificate holders will be able to furnish and use the CRSs on an aircraft without additional FAA installation approval. This should encourage the development and use of new types of CRSs. Third, the AAP recommended use of an appropriate size anthropomorphic test dummy
(ATD)to evaluate the safety and effectiveness of a proposed CRS device. AAP stated that testing should include the range of flight conditions including turbulence. TSO C-100b incorporates testing that is specific to the flight environment. The TSO also requires that the CRS and its integral restraints be designed to be compatible with classification standards developed by the AAP. In addition, the TSO requires that one or more ATD representing the child categories for which the CRS is intended for use be used to simulate the child-occupant in the dynamic testing required by the TSO. TSO C-100b is available on our website at ( *http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgTSO.nsf/MainFrame?OpenFrameSet* ). Likewise, FAA approvals of CRSs under § 21.305(d) will use TSO C-100b as a benchmark standard and require an equivalent level of safety. Individuals criticized our August 26, 2005 rule, because the FAA did not require all airlines to install CRSs to protect children when it is known that carrying car seats on board aircraft is difficult for passengers. As stated in prior rulemakings, the FAA is not requiring airlines to install or provide CRSs. Use of CRSs on aircraft will continue to be voluntary for the reasons discussed in previous rulemakings. This amendment, however, should encourage the manufacture of portable, easy-to-use child restraint systems that can be purchased and used by passengers and aircraft operators. Another individual stated that the parents should have received prior notice and an opportunity to comment before the FAA issued the August 26, 2005 rule because the safety of children is a significant issue. Like the majority of the commenters, this individual stated that parents should have the option of purchasing and using a CRS approved through additional FAA certification processes. In response, the FAA is amending our operating rules to allow parents who purchase CRSs approved by the FAA under TSO C-100b or § 21.305(d) to actually secure their children in those CRSs during any phase of aircraft operation. Purpose of Final Rule Current §§ 91.107, 121.311, 125.211, and 135.128 allow passengers to furnish and use and aircraft operators to provide, CRSs that meet FMVSS No. 213, *Child restraint system* (49 CFR 571.213), or the standards of the United Nations, or are approved by a foreign government. Also, current regulations allow aircraft operators to provide CRSs that are approved by the FAA through a TC, STC, or TSO. The FAA is using its regulatory authority to create a set of operating rules that can accommodate innovations in the development of CRS. Currently, if an operator wants to furnish CRSs for passenger use that are approved under § 21.305(d), the operator must petition the FAA for an exemption from our operating rules. Current rules do not allow the use of a CRS approved under § 21.305(d) on aircraft during ground movement, take off, and landing. This amendment will allow CRSs with unique and novel design features to be used on aircraft. In addition, current rules do not allow passengers to furnish and use CRSs approved by the FAA under § 21.305(d) or TSO C-100b. If an operator wants to allow its passengers to furnish and use such CRSs, the operator needs to petition the FAA for an exemption from our operating rules. If the FAA did not go forward with this final rule, an aircraft operator would have to petition for an exemption to allow the use of CRSs that the FAA has already determined to be safe through these certification standards. By amending the rule to allow both aircraft operators and passengers to voluntarily furnish and use CRSs approved by the FAA under § 21.305(d) or TSO C-100b, the FAA will reduce an administrative burden on aircraft operators by eliminating the need to apply for exemptions to allow the use of these CRSs. Increasing the number of CRS certification options available for manufacturers and amending the operating rules to make these options administratively and economically viable should encourage the development of innovative CRSs. In addition, the FAA is ensuring safety through the approval standards in § 21.305(d) and TSO C-100b. For more information on how the FAA will ensure safety through the approval standards in § 21.305(d) and TSO C-100b, see the preamble discussion under “FAA Approval Process.” Detailed Discussion of Rule The FAA is increasing the types of CRSs that passengers and aircraft operators are allowed to furnish and use to include CRSs approved by the FAA under § 21.305(d) and TSO C-100b. In 1992, the FAA increased the types of CRSs allowed on aircraft to include use of CRSs that meet the standards of the United Nations or are approved by a foreign government (57 FR 42662; September 15, 1992). This rule does not affect the use of CRSs that are already approved for use on aircraft. See *www.faa.gov/passengers/childtips.cfm* for FAA recommendations on choosing the correct CRS for air travel. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks (April 21,1997) states, “children may suffer disproportionately from environmental health risks and safety risks” because “children's size and weight may diminish their protection from standard safety features.” Properly restraining children on aircraft is difficult because there is a large variance in muscle development, height, weight, and upper body strength. While CRSs meeting the FMVSS No. 213 standard do not always fit well in an aircraft seat, CRSs meeting this standard markedly improve the safety of a child under 44 pounds who would otherwise use a lap belt, or be unrestrained on a parent's lap. However, because these CRSs are bulky, and sometimes difficult to install properly, many parents or guardians elect to use the standard aircraft lap belt for their child. The FAA has determined this final rule will help to make a wider variety of safe CRSs available for use by children on an aircraft, thereby increasing the safety of children. One example of a CRS that the FAA is considering approving under § 21.305(d) is currently manufactured by AMSAFE. This CRS improves lap belt performance for children between 22 and 44 pounds who would otherwise use only the lap belt. Unlike the harness devices prohibited from use by our current rules (see discussion under Prohibition Against the Use of Certain CRS During Ground Movement, Take Off and Landing), the AMSAFE CAReS uses an additional belt and shoulder harness that encircles the seat back and attaches to the passenger lap belt, providing improved upper torso restraint. To reduce the administrative burden on industry while maintaining or increasing safety to children, the FAA is adding regulatory language in 14 CFR parts 91, 121, 125, and 135 that allows passengers and aircraft operators to furnish and use CRSs the FAA has approved under § 21.305(d) or TSO C-100b, and to use them during all phases of flight, even if such CRSs are booster-type or vest- and harness-type CRSs. Thus, although the rules will generally continue to ban the use of booster-type, vest-type, and harness-type CRSs, the new rule will allow the use of such CRSs if the CRS has been approved by the FAA under § 21.305(d) or TSO C-100b. The FAA anticipates that other manufacturers of CRSs not meeting FMVSS No. 213 will seek FAA approval under § 21.305(d) or TSO C-100b. As with the AMSAFE CAReS, the FAA will need to determine, through the appropriate approval process, if the CRS is a safe alternative to methods of restraint that are already approved for use on aircraft. Prohibition Against the Use of Certain CRS During Ground Movement, Take Off, and Landing Under the current rules, except for CRSs that are approved under TC, STC, or TSO, a booster-type child restraint, a vest-type child restraint system, a harness-type child restraint system, or a lap held child restraint system may not be used during ground movement, take off, and landing. In 1996, the FAA prohibited use of these CRSs (61 FR 28416). 1 However, the FAA also stated we would review our prohibition if a manufacturer designs a safe alternative (61 FR 28419). Again, in this final rule the FAA is amending the operating regulations to allow passengers and aircraft operators to voluntarily furnish CRSs approved under § 21.305(d) or TSO C-100b, and to use these CRSs during all phases of flight, even if the CRS is a booster-type child restraint, a vest-type child restraint system, or a harness-type child restraint system. 1 During the cruise portion of the flight, there is no regulatory prohibition regarding the use of any type of child restraint. This includes those CRSs prohibited from use during ground movement, takeoff, and landing. FAA Approval Processes Under the changes we are making to the operating regulations, a passenger or operator will be able to furnish and use CRSs approved under § 21.305(d) or TSO C-100b. Passengers and aircraft operators will continue to be allowed to furnish and use CRSs that meet the requirements of FMVSS No. 213 or the standards of the United Nations, or are approved by a foreign government. The United Nations standards and most standards approved by foreign governments are similar to FMVSS No. 213. Foreign governments are responsible for determining whether to accept under their operating regulations CRSs approved by the FAA under § 21.305(d) or TSO C-100b. However, most countries automatically accept FAA approval without further review. By using § 21.305(d) or TSO C-100b for CRS approval, the FAA can address methods of CRS approval that encourage CRS innovation, while still ensuring safety through the approval processes. Each CRS manufacturer will have the ability to select the approval process that is most appropriate for its CRS, based on CRS design and proposed equivalent level of safety. FAA Approval Under § 21.305(d) Under the FAA's certification procedures rules, § 21.305(d) allows a material, part, process, or appliance to be approved in any manner approved by the Administrator. One of the reasons that the FAA included this provision in § 21.305 over 40 years ago, was to address the unique challenges presented by certain types of equipment for use on aircraft. In the past, the FAA has approved portable equipment (e.g., portable fire extinguishers) for use on aircraft, in accordance with § 21.305(d), using the approval standards of Underwriter's Laboratories, Inc., Factory Mutual Reserch Corp., or the U.S. Coast Guard under Title 46 of the CFR. When approving a CRS under the provisions of § 21.305(d), the FAA must ensure that the applicant meets an equivalant level of safety to that of the other approval processes. For a CRS, the FAA's technical experts will look at the benchmark (TSO C-100b) and identify the safety-critical features. They will ensure that each of these features adequately provides an equivalent level of safety. This will ensure that a CRS approved by the FAA under § 21.305(d) will meet a high level of safety regarding testing, quality, and performance standards. To demonstrate an equivalent level of safety for a harness-type restraint, similar to the AMSAFE CAReS discussed earlier, the FAA will look at things such as: • Does the CRS retain the aircraft passenger seat lap belt's original functionality as the primary means of occupant restraint; • Is the CRS designed so children using it correctly will not suffer serious injury when exposed to the inertia forces specified in 14 CFR 25.561 and 14 CFR 25.562; • Does the CRS, when being used, impede the rapid egress for the CRS occupant and passengers in the same row; • Is the performance of the CRS degraded by tray tables, phones, or other devices installed in the seat back; • When used properly, does the CRS interfere with normal operation of the tray table or other seat-mounted devices? For example, under anticipated loading conditions, does the CRS cause the tray table to deploy? To review a copy of the requirements applicable to a CRS that the FAA is currently considering approving under the § 21.305(d) approval process, see the docket for this rulemaking. TSO Process A TSO is a minimum performance standard issued by the FAA for specified materials, parts, processes, and appliances used on aircraft. These performance standards must be met for an applicant to receive TSO approval. The current listing of TSO information contains a list of authorized manufacturers and articles produced by TSO Holders under a TSO Authorization or Letter of TSO Design Approval. The Web site also contains TSO C-100b, *Child Restraint System* . TSO C-100b tells people seeking a TSO Authorization or Letter of Design Approval what minimum performance standards their CRS must first meet to obtain FAA approval under the TSO process. For more information on TSOs, see *http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgTSO.nsf/MainFrame?OpenFrameSet.* TSO C-100b contains standards for performance testing and evaluation, operating instructions, equipment limitations, installation procedures and limitations, and instructions for continuing maintenance of CRSs. The standards are those the FAA finds necessary to ensure that a CRS will operate satisfactorily in an aircraft passenger seat. These standards are not mandatory, and are one method of obtaining FAA approval for a CRS. An applicant can obtain approval to deviate from the TSO if it shows that the CRS design features provide an equivalent level of safety to the TSO under standard TSO review processes or under the § 21.305(d) approval process. TSO C-100b is a specific aviation performance standard that is similar to the standard required by FMVSS No. 213. However, TSO C-100b requires testing that is representative of an aviation environment, so the chances of a CRS built to TSO C-100b standards performing “as tested” on an aircraft in an accident are greater than a CRS tested under FMVSS No. 213. TSO C-100b was published in the **Federal Register** on August 7, 2001, for public review and comment prior to its adoption (66 FR 41304). In this final rule the FAA allows passengers and aircraft operators to voluntarily furnish and use CRSs approved under TSO C 100b, without a requirement for installation approval. This is the same standard of use provided to passengers and aircraft operators in the current rule regarding CRSs that meet the requirements of FMVSS No. 213. FAA CRS Initiatives Increasing the Voluntary Use of CRSs and Encouraging the Development of Innovative CRSs in the Aviation Environment This final rule is part of a multi-faceted FAA initiative to encourage and increase the voluntary use of CRSs and to encourage the development of innovative CRSs that work well in the aviation environment. The FAA is working to increase the types of CRS that are approved for use in aircraft and to reduce the administrative burden to aircraft operators and CRS manufacturers through this rulemaking and our August 26, 2005, final rule. In addition, the FAA is actively working with CRS manufacturers who are seeking FAA approval by STC, or TSO, for innovative CRS designs. The FAA also initiated a public education campaign, “Turbulence Happens”, on the effective use of CRS in the fall of 2005 and published Advisory Circular
(AC)120-87, Use of Child Restraint Systems on Aircraft, on November 3, 2005. See *http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf* for more information on AC 120-87. Avoiding Consumer Confusion *Labeling.* FAA-approved CRSs that do not meet FMVSS No. 213 are not safe for use in motor vehicles. Therefore, the FAA is taking several steps to avoid consumer confusion regarding these devices. First, the FAA will require CRSs that are approved by TSO or § 21.305(d) to have a clear warning label that states the CRS is not safe for use in motor vehicles. Although not part of this rulemaking, the FAA also plans to require a similar warning label on CRSs that may be approved by the FAA through the STC process. See Figure 1 for a sample of the warning label the FAA will require. ER14JY06.032 Second, the FAA is revising existing educational material to advise aircraft operators and parents about the risks that a device approved solely for use in an aircraft can pose in an automotive environment. As part of this initiative, the FAA is revising the information on its website for passengers traveling with children. We are putting additional educational material on the site to remind people that FAA-approved devices are not safe for use in motor vehicles. Third, the FAA is revising its AC concerning Child Restraints to include specific information stating the differences between FAA-approved devices that can only be used in aircraft and CRSs that can be used in both aircraft and motor vehicles. *Aviation Child Safety Devices.* The FAA recognizes that the term “Child Restraint System” originally was used to refer to child restraints that meet the requirements of FMVSS No. 213. However, in the 1992 and 2005 rulemakings the term “CRS” was used to describe devices that did not meet the requirements of FMVSS No. 213. The FAA will continue to use the general term “CRS” to refer to any approved seat or device used to restrain children on aircraft. However, in an additional effort to reduce consumer confusion regarding devices that meet the requirements of FMVSS No. 213 and are safe for use in motor vehicles, and those devices that do not meet FMVSS No. 213, the FAA intends to introduce a new term in appropriate FAA documents and public education materials to refer to CRSs that are only approved for use in the aviation environment. The FAA will call these aviation-only restraints “Aviation Child Safety Devices” (ACSDs) The FAA is working with the National Highway Traffic Safety Administration to ensure that any labeling on ACSDs does not confuse consumers into thinking the devices meet the requirements of FMVSS No. 213. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. We have determined that there are no new information collection requirements associated with this rule. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to comply with International Civil Aviation Organization
(ICAO)Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO Standards and Recommended Practices that correspond to these regulations. Good Cause for Immediate Adoption Section 4(a) of the Administrative Procedure Act
(APA)(5 U.S.C. 553(b)(B)) authorizes agencies to dispense with certain notice procedures for rules when they find “good cause” to do so. Under section 553(b)(B), the requirements of prior notice and opportunity for comment do not apply when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” This final rule would allow passengers and aircraft operators to voluntarily furnish and use CRSs that have received FAA approval through § 21.305(d) or TSO C-100b. This is parallel to the current regulations that allow passengers and aircraft operators to voluntarily furnish and use CRSs that meet FMVSS No. 213, meet the standards of the United Nations, or are approved by a foreign government. Prior public comment is unnecessary because this amendment simply recognizes other processes by which a CRS can be approved for use on aircraft. TSO C- 100b and § 21.305(d), which uses TSO C-100b as a benchmark for CRS approval standards, were already subject to notice and comment. Moreover, the FAA has already obtained public comments regarding the August 26, 2005 final rule, and this final rule is responsive to those comments. We do not anticipate significant public comment on this amendment, since it does not impose a requirement. This final rule simply recognizes that the FAA has additional approval processes to determine that a CRS is safe for use on aircraft and removes an administrative burden for an operator to apply for an exemption to allow a passenger or the operator to voluntarily furnish and use a CRS that the FAA has found safe through § 21.305(d) or TSO C-100b. In addition, there is already precedent for broadening the methods of approving CRSs for use on aircraft such as those CRSs showing approval from a foreign government or showing approval that the CRS was manufactured under the standards of the United Nations (57 FR 42662; September 15, 1992). This final rule should not have an adverse safety impact, because it merely recognizes an alternative approval process for CRSs and makes CRSs more widely available for children by allowing passengers and aircraft operators to voluntarily furnish and use CRSs approved under § 21.305(d) and TSO C-100b on aircraft. In fact, it should provide safety benefits. As a result, the FAA has determined that good cause exists for making this rule effective 30 days after publication because notice and comment procedures are unnecessary. Economic Evaluation, Regulatory Flexibility Determination, Trade Impact Assessment, and Unfunded Mandates Assessment Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 directs that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis for U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation). The Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If it is determined that the expected cost impact is so minimal that a rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it be included in the preamble; a full regulatory evaluation cost benefit evaluation need not, then, be prepared. Such a determination has been made for this rule. The reasoning for that determination follows. This final rule will allow passengers and aircraft operators to voluntarily furnish and use CRSs approved by the FAA under § 21.305(d) or TSO C-100b on aircraft. This parallels current regulations that allow passengers and aircraft operators to voluntarily furnish and use CRSs that meet FMVSS No. 213, meet the standards of the United Nations, or are approved by a foreign government. Adding this language does not have an adverse safety impact, because the language merely recognizes the efficacy of alternative approval processes for CRSs. The intended effect of this regulation is to lessen the administrative burden to industry and increase the voluntary use of CRS on aircraft, while maintaining or increasing safety for children. This final rule reduces the regulatory, or administrative, burden to industry by taking away the necessity for aircraft operators to individually seek an exemption from FAA operating rules in order for passengers, or for themselves, to furnish and use CRSs approved under § 21.305(d) or TSO C-100b. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980
(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objective of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the business, organizations, and governmental jurisdictions subject to regulation.” To achieve that principle, the RFA requires agencies to solicit and consider flexible regulatory proposals and to explain the rationale for their actions. The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a proposed or final rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a proposed or final rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. This final rule allows passengers and aircraft operators to voluntarily furnish and use CRS approved under 21.305(d) or TSC C-100b on aircraft. Its economic impact for aircraft operators is minimal and cost relieving. Therefore, as the FAA Administrator, I certify that this action will not have a significant economic impact on a substantial number of small entities. The FAA solicits comments about this determination. Trade Impact Assessment The Trade Agreements Act of 1979 prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Legitimate domestic objectives, such as safety, are not considered unnecessary obstacles. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this rulemaking and has determined that it will have only a domestic impact and therefore no effect on any trade-sensitive activity. Unfunded Mandates Assessment The Unfunded Mandates Reform Act of 1995 (the Act) is intended, among other things, to curb the practice of imposing unfunded Federal mandates on State, local, and tribal governments. Title II of the Act requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (adjusted annually for inflation) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $120.7 million in lieu of $100 million. This final rule does not contain such a mandate. The requirements of Title II of the Act, therefore, do not apply. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action does 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, and therefore would not have federalism implications. Environmental Analysis FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this final rule qualifies for the categorical exclusion identified in paragraph 312f and involves no extraordinary circumstances. Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA has analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). We have determined that it is not a “significant energy action” under the executive order because it is not a “significant regulatory action” under Executive Order 12866, and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. List of Subjects 14 CFR Part 91 Aircraft, Aviation safety. 14 CFR Part 121 Air carriers, Safety, Transportation. 14 CFR Part 125 Aircraft, Aviation safety. 14 CFR Part 135 Air taxis, Aircraft, Aviation safety. The Amendments In consideration of the foregoing the Federal Aviation Administration amends Chapter I of Title 14 Code of Federal Regulations as follows: PART 91—GENERAL OPERATING AND FLIGHT RULES 1. The authority citation for part 91 continues to read as follows: Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, articles 12 and 29 of the Convention on International Civil Aviation (61 Stat.1180). 2. Amend § 91. 107 by revising paragraphs (a)(3)(iii)(B)( *3* )( *iii* ), (a)(3)(iii)(B)( *4* ), and adding (a)(3)(iii)(B)( *3* )( *iv* ) to read as follows: § 91.107 Use of safety belts, shoulder harnesses, and child restraint systems.
(a)* * *
(3)* * *
(iii)* * *
(B)* * * ( *3* ) * * * ( *iii* ) That the seat or child restraint device furnished by the operator was approved by the FAA through Type Certificate or Supplemental Type Certificate. ( *iv* ) That the seat or child restraint device furnished by the operator, or one of the persons described in paragraph
(A)of this section, was approved by the FAA in accordance with § 21.305(d) or Technical Standard Order C-100b, or a later version. ( *4* ) Except as provided in § 91.107(a)(3)(iii)(B)( *3* )( *iii* ) and § 91.107(a)(3)(iii)(B)( *3* )( *iv* ), booster-type child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 3. The authority citation for part 121 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 44912, 45101-45105, 46105, 46301. 4. Amend § 121.311 by revising paragraphs (b)(2)(ii)(C)( *3* ), (b)(2)(ii)(D), and (c)(1), and adding paragraph (b)(2)(ii)(C)( *4* ) to read as follows: § 121.311 Seats, safety belts, and shoulder harnesses.
(b)* * *
(2)* * *
(ii)* * *
(C)* * * ( *3* ) That the seat or child restraint device furnished by the certificate holder was approved by the FAA through Type Certificate or Supplemental Type Certificate. ( *4* ) That the seat or child restraint device furnished by the certificate holder, or one of the persons described in paragraph
(i)of this section, was approved by the FAA in accordance with § 21.305(d) or Technical Standard Order C-100b, or a later version.
(D)Except as provided in § 121.311(b)(2)(ii)(C)( *3* ) and § 121.311(b)(2)(ii)(C)( *4* ), booster-type child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and
(c)* * *
(1)Except as provided in § 121.311(b)(2)(ii)(C)( *3* ) and § 121.311(b)(2)(ii)(C)( *4* ), no certificate holder may permit a child, in an aircraft, to occupy a booster-type child restraint system, a vest-type child restraint system, a harness-type child restraint system, or a lap held child restraint system during take off, landing, and movement on the surface. PART 125—CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 5. The authority citation for part 125 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-44711, 44713, 44716-44717, 44722. 6. Amend § 125.211 by revising paragraphs (b)(2)(ii)(C)( *3* ), (b)(2)(ii)(D), and (c)(1), and adding paragraph (b)(2)(ii)(C)( *4* ) to read as follows: § 125.211 Seat and safety belts.
(b)* * *
(1)* * *
(2)* * *
(ii)* * *
(C)* * * ( *3* ) That the seat or child restraint device furnished by the certificate holder was approved by the FAA through Type Certificate or Supplemental Type Certificate. ( *4* ) That the seat or child restraint device furnished by the certificate holder, or one of the persons described in paragraph (b)(2)(i) of this section, was approved by the FAA in accordance with § 21.305(d) or Technical Standard Order C-100b, or a later version.
(D)Except as provided in § 125.211(b)(2)(C)( *3* ) and § 125.211(b)(2)(C)( *4* ), booster-type child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and
(c)* * *
(1)Except as provided in § 125.211(b)(2)(ii)(C)( *3* ) and § 125.211(b)(2)(ii)(C)( *4* ), no certificate holder may permit a child, in an aircraft, to occupy a booster-type child restraint system, a vest-type child restraint system, a harness-type child restraint system, or a lap held child restraint system during take off, landing, and movement on the surface. PART 135—OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS 7. The authority citation for part 135 continues to read as follows: Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709, 44711-44713, 44715-44717, 44722. 8. Amend § 135.128 by revising paragraphs (a)(2)(ii)(C)( *3* ), (a)(2)(ii)(D), and (b)(1), and adding pargraph (a)(2)(ii)(C)( *4* ) to read as follows: § 135.128 Use of safety belts and child restraint systems.
(a)* * *
(2)* * *
(ii)* * *
(C)* * * ( *3* ) That the seat or child restraint device furnished by the certificate holder was approved by the FAA through Type Certificate or Supplemental Type Certificate. ( *4* ) That the seat or child restraint device furnished by the certificate holder, or one of the persons described in paragraph (b)(2)(i) of this section, was approved by the FAA in accordance with § 21.305(d) or Technical Standard Order C-100b, or a later version.
(D)Except as provided in § 135.128(a)(2)(C)( *3* ) and § 135.128(a)(2)(C)( *4* ), booster-type child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and
(b)* * *
(1)Except as provided in § 135.128 (a)(2)(ii)(C)( *3* ) and § 135.128 (a)(2)(ii)(C)( *4* ), no certificate holder may permit a child, in an aircraft, to occupy a booster-type child restraint system, a vest-type child restraint system, a harness-type child restraint system, or a lap held child restraint system during take off, landing, and movement on the surface. Issued in Washington, DC, on July 7, 2006. Marion C. Blakey, Administrator. [FR Doc. E6-11112 Filed 7-13-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 520 Oral Dosage Form New Animal Drugs; Ivermectin Paste AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration
(FDA)is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Med-Pharmex, Inc. The ANADA provides for oral use of ivermectin paste in horses for treatment and control of various internal parasites or parasitic conditions. DATES: This rule is effective July 14, 2006. FOR FURTHER INFORMATION CONTACT: John K. Harshman, Center for Veterinary Medicine (HFV-104), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301-827-0169, e-mail: *john.harshman@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: Med-Pharmex, Inc., 2727 Thompson Creek Rd., Pomona, CA 91767-1861, filed ANADA 200-390 for oral use of Ivermectin Paste 1.87% in horses for the treatment and control of various species of internal parasites or parasitic conditions. Med-Pharmex's Ivermectin Paste 1.87% is approved as a generic copy of Merial Ltd.'s EQVALAN Paste, approved under NADA 134-314. ANADA 200-390 is approved as of June 20, 2006, and 21 CFR 520.1192 is amended to reflect the approval. The basis of approval is discussed in the freedom of information summary. In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this application may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. The agency has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808. List of Subjects in 21 CFR Part 520 Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows: PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 520 continues to read as follows: Authority: 21 U.S.C. 360b. 2. In § 520.1192, add paragraph (b)(4) to read as follows: § 520.1192 Ivermectin paste.
(b)* * *
(4)No. 054925 for use of a 1.87 percent paste as in paragraphs (e)(1)(i), (e)(1)(ii)(A), and (e)(1)(iii) of this section. Dated: June 30, 2006. Catherine P. Beck, Acting Director, Center for Veterinary Medicine. [FR Doc. E6-11073 Filed 7-13-06; 8:45 am] BILLING CODE 4160-01-S PENSION BENEFIT GUARANTY CORPORATION 29 CFR Parts 4022 and 4044 Benefits Payable in Terminated Single-Employer Plans; Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits AGENCY: Pension Benefit Guaranty Corporation. ACTION: Final rule. SUMMARY: The Pension Benefit Guaranty Corporation's regulations on Benefits Payable in Terminated Single-Employer Plans and Allocation of Assets in Single-Employer Plans prescribe interest assumptions for valuing and paying benefits under terminating single-employer plans. This final rule amends the regulations to adopt interest assumptions for plans with valuation dates in August 2006. Interest assumptions are also published on the PBGC's Web site ( *http://www.pbgc.gov* ). DATES: Effective August 1, 2006. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Attorney, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.) SUPPLEMENTARY INFORMATION: The PBGC's regulations prescribe actuarial assumptions—including interest assumptions—for valuing and paying plan benefits of terminating single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974. The interest assumptions are intended to reflect current conditions in the financial and annuity markets. Three sets of interest assumptions are prescribed:
(1)A set for the valuation of benefits for allocation purposes under section 4044 (found in Appendix B to Part 4044),
(2)a set for the PBGC to use to determine whether a benefit is payable as a lump sum and to determine lump-sum amounts to be paid by the PBGC (found in Appendix B to Part 4022), and
(3)a set for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using the PBGC's historical methodology (found in Appendix C to Part 4022). This amendment
(1)Adds to Appendix B to Part 4044 the interest assumptions for valuing benefits for allocation purposes in plans with valuation dates during August 2006,
(2)adds to Appendix B to Part 4022 the interest assumptions for the PBGC to use for its own lump-sum payments in plans with valuation dates during August 2006, and
(3)adds to Appendix C to Part 4022 the interest assumptions for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using the PBGC's historical methodology for valuation dates during August 2006. For valuation of benefits for allocation purposes, the interest assumptions that the PBGC will use (set forth in Appendix B to part 4044) will be 6.40 percent for the first 20 years following the valuation date and 4.75 percent thereafter. These interest assumptions represent an increase (from those in effect for July 2006) of 0.10 percent for the first 20 years following the valuation date and are otherwise unchanged. These interest assumptions reflect the PBGC's recently updated mortality assumptions, which are effective for terminations on or after January 1, 2006. See the PBGC's final rule published December 2, 2005 (70 FR 72205), which is available at *http://www.pbgc.gov/docs/05-23554.pdf.* Because the updated mortality assumptions reflect improvements in mortality, these interest assumptions are higher than they would have been using the old mortality assumptions. The interest assumptions that the PBGC will use for its own lump-sum payments (set forth in Appendix B to part 4022) will be 3.50 percent for the period during which a benefit is in pay status and 4.00 percent during any years preceding the benefit's placement in pay status. These interest assumptions represent no change from those in effect for July 2006. For private-sector payments, the interest assumptions (set forth in Appendix C to part 4022) will be the same as those used by the PBGC for determining and paying lump sums (set forth in Appendix B to part 4022). The PBGC has determined that notice and public comment on this amendment are impracticable and contrary to the public interest. This finding is based on the need to determine and issue new interest assumptions promptly so that the assumptions can reflect current market conditions as accurately as possible. Because of the need to provide immediate guidance for the valuation and payment of benefits in plans with valuation dates during August 2006, the PBGC finds that good cause exists for making the assumptions set forth in this amendment effective less than 30 days after publication. The PBGC has determined that this action is not a “significant regulatory action” under the criteria set forth in Executive Order 12866. Because no general notice of proposed rulemaking is required for this amendment, the Regulatory Flexibility Act of 1980 does not apply. *See* 5 U.S.C. 601(2). List of Subjects 29 CFR Part 4022 Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements. 29 CFR Part 4044 Employee benefit plans, Pension insurance, Pensions. In consideration of the foregoing, 29 CFR parts 4022 and 4044 are amended as follows: PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS 1. The authority citation for part 4022 continues to read as follows: Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. 2. In appendix B to part 4022, Rate Set 154, as set forth below, is added to the table. Appendix B to Part 4022—Lump Sum Interest Rates For PBGC Payments Rate set For plans with a valuation date On or after Before Immediate annuity rate (percent) Deferred annuities (percent) *i* <sup>1</sup> *i* <sup>2</sup> *i* <sup>3</sup> *n* <sup>1</sup> *n* <sup>2</sup> * * * * * * * 154 8-1-06 9-1-06 3.50 4.00 4.00 4.00 7 8 3. In appendix C to part 4022, Rate Set 154, as set forth below, is added to the table. Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments Rate set For plans with a valuation date On or after Before Immediate annuity rate (percent) Deferred annuities (percent) *i* <sup>1</sup> *i* <sup>2</sup> *i* <sup>3</sup> *n* <sup>1</sup> *n* <sup>2</sup> * * * * * * * 154 8-1-06 9-1-06 3.50 4.00 4.00 4.00 7 8 PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS 4. The authority citation for part 4044 continues to read as follows: Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. 5. In appendix B to part 4044, a new entry for August 2006, as set forth below, is added to the table. Appendix B to Part 4044—Interest Rates Used to Value Benefits For valuation dates occurring in the month— The values of *i* <sup>t</sup> are: *i* <sup>t</sup> for *t* = *i* <sup>t</sup> for *t* = *i* <sup>t</sup> for *t* = * * * * * * * August 2006 .0640 1-20 .0475 >20 N/A N/A Issued in Washington, DC, on this 7th day of July 2006. Vincent K. Snowbarger, Acting Executive Director, Pension Benefit Guaranty Corporation. [FR Doc. E6-11101 Filed 7-13-06; 8:45 am] BILLING CODE 7709-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [CGD07-06-108] RIN 1625-AA08 Special Local Regulation; Annual Greater Jacksonville Kingfish Tournament; Jacksonville, FL AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: This rule temporarily suspends the current special local regulations, established for the Annual Greater Jacksonville Kingfish Tournament, Jacksonville, Florida, and adds a temporary final rule for the event due to changes in the tournament this year. This special local regulation is necessary to reflect the changes made to the tournament by the sponsor and to ensure the safety of participating vessels and spectators within the regulated area. DATES: This rule is effective from July 17, 2006 to July 22, 2006. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket [CGD 07-06-108] and are available for inspection and copying at Coast Guard Sector Jacksonville Prevention Department, 7820 Arlington Expressway, Suite 400, Jacksonville, Florida, 32211, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ensign Kira Peterson at Coast Guard Sector Jacksonville Prevention Department, Florida, tel:
(904)232-2640, ext. 108. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking
(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a NPRM. The changes to this event were not relayed to the Coast Guard with enough time to allow for public comment. Publishing a NPRM with a comment period would delay the rule's effective date and is contrary to public interest because immediate action is necessary to protect the public and waters of the United States. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . The Coast Guard will issue a broadcast notice to mariners and Coast Guard or local law enforcement vessels will be in the vicinity of this zone to advise mariners of the restriction. Background and Purpose The Greater Jacksonville Kingfish Tournament is held annually the second full week of July along the waters of the St. Johns River and the Atlantic Ocean. This regulation will temporarily change the eastern boundary of the regulated area found in paragraph
(a)of Section 100.710 from Lighted Buoy 7 (LLNR 7145) in approximate position 30-23.56N, 081-23.04W, and Lighted Buoy 8 (LLNR 7150) in position 30-24.03N, 081-23.01W, to Lighted Buoy 10 (LLNR 2190) at approximate position 30-24.376N, 081-24.998W. Changes are also being made to the effective dates found in paragraph
(c)of Section 100.710 as the tournament will now take place the second full week after July 4th. Additionally, a new paragraph
(b)is being added to define “Minimum Safe Speed” and existing paragraphs
(b)and
(c)are being redesignated
(c)and
(d)accordingly. Coast Guard Sector Jacksonville will issue a Local Notice to Mariners announcing times and dates the regulated area is in effect. Vessels transiting within the regulated area must travel at a Minimum Safe Speed. Discussion of Rule This temporary rule is necessary to accommodate the changes by the sponsor to the Annual Greater Jacksonville Kingfish Tournament. The regulated area found in 33 CFR 100.710 paragraph
(a)will be revised to reflect the new eastern boundary set at Lighted Buoy 10 (LLNR 2190) at approximate position 30-24.376N, 081-24.998W. The tournament date found in paragraph
(c)will reflect the new tournament date set for the second full week after July 4th (July 17 through July 22, 2006). Additionally, a new paragraph
(b)will be added to define “Minimum Safe Speed”. “Minimum Safe Speed” is the new speed restriction which will replace the current “No Wake Speed”. Vessels transiting within the regulated area must travel at a Minimum Safe Speed. The regulated area is needed to control vessel traffic during the event to enhance the safety of participants and transiting vessels. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Homeland Security (DHS). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities because the regulation only requires that vessels operate at a minimum safe speed within the zone, and does not prohibit any vessel or person from entering the zone. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES ) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact ENS Kira Peterson Sector Jacksonville Prevention Department, at
(904)232-2640, Ext. 108. Collection of Information This rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards ( *e.g.* , specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321-4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2-1, paragraph (34)(h) of the Instruction from further environmental documentation. Under figure 2-1, paragraph (34)(h), of the Instruction, an “Environmental Analysis Check List” is not required for this rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233; Department of Homeland Security Delegation No. 0170.1. § 100.710 [Suspended] 2. From July 17 to 22, 2006, suspend § 100.710. 3. From July 17 to 22, 2006, add a new temporary § 100.T07-108 to read as follows: § 100.T07-108 Annual Greater Jacksonville Kingfish Tournament; Jacksonville, Florida.
(a)*Regulated Area.* A regulated area is established for the waters of the St. Johns River lying between an eastern boundary of the St. Johns River Lighted Buoy 10 (LLNR 2190) in approximate position 30-24.376N, 081-24.998W, and the western boundary formed by Lighted Buoy 25 (LLNR 7305) in approximate position 30-23.40N, 081-28.26W, and Short Cut Light 26 (LLNR 7130) in approximate position 30-23.46N, 081-28.16W with the northern and southern boundaries formed by the banks of the St. Johns and extended north from the boundary formed by the St. Johns River and the Intracoastal Waterway, Sisters Creek, to Lighted Buoy 83 (LLNR 38330) on the Intracoastal Waterway.
(b)*Definition.* The following definition applies to this section: *Minimum Safe Speed* means the speed at which a vessel proceeds when it is fully off plane, completely settled in the water and not creating excessive wake. Due to the different speeds at which vessels of different sizes and configurations may travel while in compliance with this definition, no specific speed is assigned to minimum safe speed. In no instance should minimum safe speed be interpreted as a speed less than that required for a particular vessel to maintain steerageway. A vessel is not proceeding at minimum safe speed if it is:
(1)On a plane;
(2)In the process of coming up onto or coming off a plane; or
(3)Creating an excessive wake.
(c)*Regulations.* Vessels operating in the regulated area must operate at Minimum Safe Speed.
(d)*Enforcement Period.* This section will be enforced from 5 a.m. to 10 p.m. on July 17 to July 22, 2006. Dated: June 12, 2006. D.W. Kunkel, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. E6-10585 Filed 7-13-06; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [RI-44-1222c; FRL-8185-1] Approval and Promulgation of Air Quality Implementation Plans; Rhode Island Update to Materials Incorporated by Reference AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; Notice of administrative change. SUMMARY: EPA is publishing this action to provide the public with notice of the update to the Rhode Island State Implementation Plan
(SIP)compilation. In particular, materials submitted by Rhode Island that are incorporated by reference
(IBR)into the Rhode Island SIP are being updated to reflect EPA-approved revisions to Rhode Island's SIP that have occurred since the last update. In this action, EPA is also notifying the public of the correction of typographical errors within the table in the regulations, and modification of the **Federal Register** citations to reflect the first page of the applicable **Federal Register** document. DATES: This action is effective July 14, 2006. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, New England Regional Office (Region 1), One Congress Street, Suite 1100, Boston, MA 02114-2023; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue NW., Room B-108, Washington, DC 20460; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.* FOR FURTHER INFORMATION CONTACT: Mr. Donald Cooke, Environmental Scientist, at the above EPA New England Region address or at
(617)918-1668 or by e-mail at *cooke.donald@epa.gov.* SUPPLEMENTARY INFORMATION: The State Implementation Plan
(SIP)is a living document which the State can revise as necessary to address its unique air pollution problems. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997, (62 FR 27968), EPA revised the procedures for incorporation by reference
(IBR)federally-approved SIPs, as a result of consultations between EPA and the Office of Federal Register (OFR). The description of the revised SIP document, IBR procedures and “Identification of plan” format are discussed in further detail in the May 22, 1997 **Federal Register** document. On August 9, 1999 (64 FR 43083), EPA published a **Federal Register** beginning the new IBR procedure for Rhode Island. In this document, EPA is doing the following: 1. Announcing the update to the Rhode Island IBR material as of June 2, 2006. 2. Making a correction in the table to § 52.2070(c), nineteenth entry “Air Pollution Control Regulation 19.”—Explanations column, corrected reference to Air Pollution Control Regulation 35, Control of VOCs and Volatile Hazardous Air ants from Wood Products Manufacturing Operations. 3. Making a correction in the table to § 52.2070(c), twentieth entry “Air Pollution Control Regulation 21.”—Explanations column, replace the word “on” with the word “of” in the third sentence. 4. Making a correction in the table to § 52.2070(d), second entry “Stanley Bostitch Division, Bostitch Division of Textron.”—Explanations column, reinsert the two deleted words, “must meet,” at the end of the last sentence. 5. Making a correction in the table to § 52.2070(d), third entry “Keene Corporation, East Providence, RI (A.H. File No. 85-10-AP).”—The correct **Federal Register** citation is August 31, 1987, (52 FR 32793). 6. Making a correction in the table to § 52.2070(d), fourth entry “Tech Industries.”—Explanations column, replace closing parenthesis with closing bracket in the first sentence. 7. Making a correction in the table to § 52.2070(e), first entry “Notice of public hearing.”—The correct **Federal Register** citation is June 15, 1972, (37 FR 11914). 8. Making a correction in the table to § 52.2070(e), thirteenth entry “Letter from RI DEM submitting revisions.”—Explanation column, replace States’ (plural, possessive) with State's (singular, possessive). 9. Making a correction in the table to § 52.2070(e), fourteenth entry “Letter from RI DEM submitting revisions—Rhode Island's 15 Percent Plan and Contingency Plan.”—Explanation column, last paragraph modified to reflect EPA's disapproval of portions of these SIP submissions, were corrected by State's September 21, 1998 SIP revisions. 10. Insert a new entry in the table to § 52.2070(e), directly following the fourteenth entry “Letter from RI DEM submitting revisions—Rhode Island's 15 Percent Plan and Contingency Plan.”—This new entry entitled “Revisions to the state Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998” was submitted September 21, 1998, and addressed in a December 8, 1998 **Federal Register** (63 FR 67594). This entry reflects EPA's approval of portions of 15 Percent Plan and Contingency Plan not approved in the entry immediately before. 11. Correcting typographical errors listed in § 52.2070(c),
(d)and
(e)tables.—Modifying the **Federal Register** citation to reflect the beginning page of the preamble as opposed to the page of the regulatory text. EPA has determined that today's rule falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA)which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs, and corrects typographical errors. Under section 553 of the APA, an agency may find good cause where procedures are “impractical, unnecessary, or contrary to the public interest.” Public comment is “unnecessary” and “contrary to the public interest” since the codification (and typographical corrections) only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect chart entries. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have federalism implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. section 801 *et seq.,* as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register.** A major rule cannot take effect until 60 days after it is published in the **Federal Register.** This action is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act, pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Rhode Island SIP compilations had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this “Identification of plan” reorganization update action for Rhode Island. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 7, 2006. Robert W. Varney, Regional Administrator, EPA New England. Chapter I, title 40, Code of Federal Regulations, is amended as follows: PART 52—[AMENDED] 1. The authority for citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart OO—Rhode Island 2. Section 52.2070 is amended by revising paragraphs (b), (c),
(d)and
(e)to read as follows: § 52.2070 Identification of plan.
(b)*Incorporation by reference.*
(1)Material listed in paragraph
(c)and
(d)of this section with an EPA approval date prior to June 2, 2006, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the **Federal Register.** Entries in paragraphs
(c)and
(d)of this section with EPA approval dates after June 2, 2006, will be incorporated by reference in the next update to the SIP compilation.
(2)EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of June 2, 2006.
(3)Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at One Congress Street, Suite 1100, Boston, MA 02114-2023; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), Room B-108, 1301 Constitution Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.*
(c)EPA approved regulations. EPA Approved Rhode Island Regulations State citation Title/subject State effective date EPA approval date Explanations Air Pollution Control Regulation 1 Visible emissions 02/22/77 05/07/81, 46 FR 25446 Air Pollution Control Regulation 2 Handling of soft coal 02/22/77 05/07/81, 46 FR 25446 Air Pollution Control Regulation 3 Particulate emissions from industrial processes 02/22/77 05/07/81, 46 FR 25446 Air Pollution Control Regulation 4 Open fires 02/22/77 05/07/81, 46 FR 25446 Air Pollution Control Regulation 5 Fugitive dust. 02/22/77 05/07/81, 46 FR 25446 Air Pollution Control Regulation 6 Continuous emission monitors 11/22/89 09/30/91, 56 FR 49414 RI Air Pollution Control Regulation Number 6 is also referred to by the title “Opacity Monitors”. Air Pollution Control Regulation 7 Emission of air contaminants detrimental to persons or property 07/19/77 05/07/81, 46 FR 25446 Air Pollution Control Regulation 8 Sulfur content of fuels 05/02/85 01/08/86, 51 FR 755 Air Pollution Control Regulation 9 Air pollution control permits 04/08/96 12/02/99, 64 FR 67495 Definition of VOC revised. All of No. 9 is approved with the exception of Sections 9.13, 9.14, 9.15, and Appendix A which Rhode Island did not submit as part of SIP revision. Air Pollution Control Regulation 10 Air pollution episodes 02/22/77 05/07/81, 46 FR 25446 Air Pollution Control Regulation 11 Petroleum liquids marketing and storage 01/31/93 12/17/93, 58 FR 65930 Air Pollution Control Regulation 12 Incinerators 04/22/81 04/26/82, 47 FR 17816 Air Pollution Control Regulation 13 Particulate emissions from fossil fuel fired steam or hot water generating units 10/05/82 03/29/83, 48 FR 13026 Air Pollution Control Regulation 14 Record keeping and reporting 04/08/96 12/02/99, 64 FR 67495 Definition of VOC revised Air Pollution Control Regulation 15 Control of organic solvent emissions 04/08/96 12/02/99, 64 FR 67495 Limited approval. Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 15 is approved with the except of 15.2.2 which Rhode Island did not submit as part of the SIP revision. Air Pollution Control Regulation 16 Operation of air pollution control system 02/22/77 05/07/81, 46 FR 25446 Air Pollution Control Regulation 17 Odors 02/22/77 05/07/81, 46 FR 25446 Air Pollution Control Regulation 18 Control of Emissions from Organic Solvent Cleaning Withdrawn 12/02/99, 64 FR 67495 No. 18 is superseded by No. 36. Air Pollution Control Regulation 19 Control of Volatile Organic Compounds from Surface Coating Operations 03/07/96 12/02/99, 64 FR 67495 Definition of VOC revised. Wood products requirements deleted because state adopted new Regulation No. 35 which addresses wood products. Except 19.2.2. Air Pollution Control Regulation 21 Control of Volatile Organic Compounds from Printing Operations 04/08/96 12/02/99, 64 FR 67495 Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 21 is approved with the exception of Section 21.2.3 which the State did not submit as part of the SIP revision. Air Pollution Control Regulation 25 Control of VOC Emissions from Cutback and Emulsified Asphalt 04/08/96 12/02/99, 64 FR 67495 Definition of VOC revised. All of No. 25 is approved with the exception of Section 25.2.2 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation 26 Control of Organic Solvent Emissions from Manufacture of Synthesized Pharmaceutical Products 04/08/96 12/02/99, 64 FR 67495 Definition of VOC revised. All of No. 26 is approved with the exception of 26.2.3 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation 27 Control of nitrogen oxide emissions 01/16/96 09/02/97, 62 FR 46202 Air Pollution Control Regulation 29.3 Emissions Caps 04/28/95 03/22/96, 61 FR 11731 This rule limits a source's potential to emit, therefore avoiding RACT, Title V Operating Permit. Air Pollution Control Regulation 30 Control of VOCs from Automotive Refinishing Operations 04/08/96 12/02/99, 64 FR 67495 Definition of VOC revised. All of No. 30 is approved with the exception of Section 30.2.2 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation 31 Control of VOCs from Commercial and Consumer Products 04/08/96 12/02/99, 64 FR 67495 Definition of VOC revised. All of No. 31 is approved with the exception of Section 31.2.2 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation 32 Control of VOCs from Marine Vessel Loading Operations 04/08/96 12/02/99, 64 FR 67495 Definition of VOC revised. All of No. 32 is approved with the exception of Section 32.2.2 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation 33 Control of VOCs from Architectural Coatings and Industrial Maintenance Coatings 04/08/96 12/02/99, 64 FR 67495 Definition of VOC revised. All of No. 33 is approved with the exception of Section 33.2.2 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation 34 Rhode Island Motor Vehicle Inspection/Maintenance Program 03/30/00 02/09/01, 66 FR 9661 Department of Environmental Management regulation containing I/M standards. Air Pollution Control Regulation 35 Control of VOCs and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations 07/07/96 12/02/99, 64 FR 67495 All of No. 35 is approved with the exception of Section 35.2.3 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation 36 Control of Emissions from Organic Solvent Cleaning 04/18/96 12/02/99, 64 FR 67495 All of No. 36 is approved with the exception of Section 36.2.2 which the state did not submit as part of the SIP revision. Air Pollution Control Regulation 37 Rhode Island's Low Emission Vehicle Program 12/07/99 03/09/00, 65 FR 12476 Includes National LEV as a compliance alternative. Air Pollution Control Regulation 38 Nitrogen Oxides Allowance Program 06/10/98 06/02/99, 64 FR 29567 Air Pollution Control Regulation 41 NO <sup>X</sup> Budget Trading Program 10/01/99 12/27/00, 65 FR 81743 Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1 Rhode Island Motor Vehicle Inspection/Maintenance Program 01/31/01 02/09/01, 66 FR 9661 Department of Administration regulations for the I/M program.
(d)EPA-approved State Source specific requirements. EPA—Approved Rhode Island Source Specific Requirements Name of source Permit No. State effective date EPA approval date Explanations Narragansett Electric Company, South Street Station in Providence A.H. File No. 83-12-AP 08/29/83 07/27/84, 49 FR 30177 Revisions to Air Pollution Control Regulation 8, “Sulfur Content of Fuels,” specifying maximum sulfur-in-coal limits (1.21 lbs/MMBtu on a 30-day rolling average and 2.31 lbs/MMBtu on a 24-hour average). These revisions approve Section 8.3.4, “Large Fuel Burning Devices Using Coal,” for South Street Station only. Stanley Bostitch, Bostitch Division of Textron A.H. File No. 85-8-AP 06/06/85 12/11/86, 51 FR 44604 RI DEM and Bostitch administrative consent agreement effective 6/6/85. Requires Bostitch to reformulate certain solvent-based coatings to low/no solvent formulation by 12/31/86. Also addendum dated 9/20/85 defining emission limitations reformulated coatings must meet.
(A)An administrative consent agreement between the RI DEM and Bostitch Division of Textron.
(B)A letter to Bostitch Division of Textron from the RI DEM dated September 20, 1985 which serves as an addendum to the consent agreement. The addendum defines the emission limitations which Bostitch's Division of Textron reformulated coatings must meet. Keene Corporation, East Providence, RI A.H. File No. 85-10-AP 09/12/85 08/31/87, 52 FR 32793 RI DEM and Keene Corporation administrative consent agreement effective 9/12/85. Granting final compliance date extension for the control of organic solvent emissions from sixpaper coating lines.
(A)Letter from the RI DEM dated November 5, 1985 submitting revisions to the RI SIP.
(B)An administrative consent agreement between the RI DEM and Keene Corporation. Tech Industries File No. 86-12-AP 11/24/87 03/10/89, 54 FR 10145 RI DEM and Tech Industries original administrative consent agreement (86-12-AP) [except for provisions 7 and 8] effective 6/12/86, an addendum effective 11/24/87, defining and imposing reasonably available control technology to control volatile organic compounds.
(A)An administrative consent agreement (86-12-AP), except for Provisions 7 and 8, between the RI DEM and Tech Industries effective June 12, 1986.
(B)An addendum to the administrative consent agreement (86-12-AP) between the RI DEM and Tech Industries. The addendum was effective November 24, 1987.
(C)Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 submitted to the EPA by the RI DEM. University of Rhode Island A.P. File No. 87-5-AP 03/17/87 09/19/89, 54 FR 38517 Revisions to the SIP submitted by the RI DEM on April 28, 1989, approving a renewal of a sulfur dioxide bubble for the University of Rhode Island. University of Rhode Island File No. 95-50-AP 03/12/96 09/02/97, 62 FR 46202 An administrative consent agreement between RIDEM and University of Rhode Island, Alternative NO <sup>X</sup> RACT (RI Regulation 27.4.8) Providence Metallizing in Pawtucket, Rhode Island File No. 87-2-AP 04/24/90 09/06/90, 55 FR 36635 Define and impose RACT to control volatile organic compound emissions.
(A)Letter from the RIDEM dated April 26, 1990, submitting a revision to the RI SIP.
(B)An administrative consent agreement (87-2-AP) between the RI DEM and Providence Metallizing effective July 24, 1987.
(C)An amendment to the administrative consent agreement (87-2-AP) between the RI DEM and Providence Metallizing effective May 4, 1989.
(D)An addendum to the administrative consent agreement (87-2-AP) between the RI DEM and Providence Metallizing effective April 24, 1990. Tillotson-Pearson in Warren, Rhode Island File No. 90-1-AP 06/05/90 08/31/90, 55 FR 35623 Revisions to the SIP submitted by the RI DEM on May 24, 1990, to define and impose RACT to control volatile organic compound emissions.
(A)Letter from the RI DEM dated May 24, 1990 submitting a revision to the RI SIP.
(B)An Administrative consent agreement (90-1-AP) between the RI DEM and Tillotson-Pearson. Rhode Island Hospital File No. 95-14-AP 11/27/95 09/02/97, 62 FR 46202 Alternative NO <sup>X</sup> RACT. An administrative consent agreement between the RI DEM and RI Hospital. Osram Sylvania Incorporated File No. 96-06-AP 09/04/96 09/02/97, 62 FR 46202 Alternative NO <sup>X</sup> RACT. Air Pollution Permit Approval, No. 1350
(A)An Administrative consent agreement between the RI DEM and Osram Sylvania Incorporated, file no. 96-06-AP, effective September 4, 1996.
(B)An air pollution Permit approval, no. 1350 Osram Sylvania Incorporated issued by RIDEM effective May 14, 1996. Algonquin Gas Transmission Company File No. 95-52-AP 12/05/95 09/02/97, 62 FR 46202 Alternative NO <sup>X</sup> RACT.
(A)Letter from the RI DEM dated September 17, 1996 submitting a revision to the RI SIP.
(B)An administrative consent agreement between RIDEM and Algonquin Gas Transmission Company, effective on December 5, 1995. Bradford Dyeing Association, Inc File No. 95-28-AP 11/17/95 09/02/97, 62 FR 46202 Alternative NO <sup>X</sup> RACT. An administrative consent agreement between RIDEM and Bradford Dyeing Association, Inc. Hoechst Celanese Corporation File No. 95-62-AP 11/20/95 09/02/97, 62 FR 46202 Alternative NO <sup>X</sup> RACT. An administrative consent agreement between RIDEM and Hoechst Celanese Corporation. Naval Education and Training Center in Newport File No. 96-07-AP 03/04/96 09/02/97, 62 FR 46202 Alternative NO <sup>X</sup> RACT. An administrative consent agreement between RIDEM and Naval Education and Training Center in Newport. Rhode Island Economic Development File No. 96-04-AP 09/02/97 06/02/99, 64 FR 29567 Alternative NO <sup>X</sup> RACT. A consent agreement between RIDEM and Rhode Island Economic Development Corporation's Central Heating Plant in North Kingstown. Cranston Print Works A.H. File No. 95-30-AP 12/19/95 12/02/99, 64 FR 67495 Non-CTG VOC RACT Determination. CCL Custom Manufacturing A.H. File No. 97-02-AP 04/10/97 10/27/99 12/02/99, 64 FR 67495 Non-CTG VOC RACT Determination. Victory Finishing Technologies A.H. File No. 96-05-AP 05/24/96 12/02/99, 64 FR 67495 Non-CTG VOC RACT Determination. Quality Spray and Stenciling A.H. File No. 97-04-AP 10/21/97 07/13/99 12/02/99, 64 FR 67495 Non-CTG VOC RACT Determination. Guild Music A.H. File No. 95-65-AP 11/09/95 12/02/99, 64 FR 67495 Non-CTG VOC RACT Determination.
(e)Nonregulatory. Rhode Island Non Regulatory Name of non regulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date EPA approved date Explanations Notice of public hearing Statewide Submitted 02/09/72 06/15/72, 37 FR 11914 Proposed Implementation Plan Regulations, RI Department of Health. Miscellaneous non-regulatory additions to the plan correcting minor deficiencies Statewide Submitted 02/29/72 07/27/72, 37 FR 15080 Approval and promulgation of Implementation Plan Miscellaneous Amendments, RI Department of Health. Compliance schedules Statewide Submitted 04/24/73 06/20/73, 38 FR 16144 Submitted by RI Department of Health. AQMA identifications for the State of Rhode Island Statewide Submitted 04/11/74 04/29/75, 40 FR 18726 Submitted by RI Department of Health. Letter identifying Metropolitan Providence as an AQMA Metropolitan Providence Submitted 09/06/74 04/29/75, 40 FR 18726 Submitted by the Governor. A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58 Statewide Submitted 01/08/80 01/15/81, 46 FR 3516 Submitted by the RI Department of Environmental Management Director. Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977. Included are plans to attain the carbon monoxide and ozone standards and information allowing for the redesignation of Providence to non-attainment for the primary TSP standard based on new data A program for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions unrelated to Part D are also included. Statewide Submitted 05/14/79, 06/11/79, 08/13/79, 01/08/80, 01/24/80, 03/10/80, 03/31/80, 04/21/80, 06/06/80, 06/13/80, 08/20/80, 11/14/80, 03/04/81, 03/05/81 and 04/16/81 05/07/81, 46 FR 25446 Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977. Section VI, Part II, “Stationary Source Permitting and Enforcement” of the narrative Statewide Submitted 05/14/82; and 07/01/82 06/28/83, 48 FR 29690 As submitted by RI DEM on May 14, 1982 and July 1, 1982 for review of new major sources and major modifications in nonattainment areas. Also included are revisions to add rules for banking emission reductions. Revisions to the Rhode Island State Implementation Plan for attainment of the primary National Ambient Air Quality Standard for ozone 1982 Ozone Attainment Plan. Statewide Submitted 05/14/82; 07/01/82; 07/07/82; 10/04/82; and 03/02/83 07/06/83, 48 FR 31026 Submitted by the Department of Environmental Management. Revisions to attain and maintain the lead NAAQS Statewide Submitted 07/07/83 09/15/83, 48 FR 41405 Submitted by the Department of Environmental Management. Section VI, Part II of the associated narrative of the RI SIP Statewide Submitted 02/06/84; 01/27/84; and 06/06/84 07/06/84, 49 FR 27749 To incorporate the requirements for the Prevention of Significant Deterioration of 40 CFR 51.24, permitting major stationary sources of lead and other miscellaneous changes. Letter from RI DEM submitting an amendment to the RI State Implementation Plan Section VII of the RI SIP Ambient Air Quality Monitoring Statewide Submitted 01/14/94; and 06/14/94 10/30/96, 61 FR 55897 A revision to the RI SIP regarding ozone monitoring. RI will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements. Letter from RI DEM submitting revisions Statewide Submitted 03/15/94 10/30/96, 61 FR 55897 Revision to the RI SIP regarding the State's Contingency Plan. Letter from RI DEM submitting revision—Rhode Island's 15 Percent Plan and Contingency Plan Statewide Submitted 03/15/94. 04/17/97, 62 FR 18712 The revisions consist of the State's 15 Percent Plan and Contingency Plan. EPA approved only the following portions of these submittals: 15 Percent Plan—the EPA approved the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating, printing operations, marine vessel loading, plant closures (0.79 tons per day approved out of 0.84 claimed), cutback asphalt, auto refinishing, stage II, reformulated gas in on-road and off-road engines, and tier I motor vehicle controls. Contingency Plan—the EPA approved the calculation of the required emission reduction, and a portion of the emission reduction credits claimed from Consumer and Commercial products (1.1 tons per day approved out of 1.9 tons claimed), and architectural and industrial maintenance
(AIM)coatings (1.9 tons per day approved out of 2.4 tons claimed). EPA's disapproval of portions of these SIP submissions were corrected by State's September 21, 1998 SIP revisions. Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998 Statewide Submitted 09/21/98 12/08/98, 63 FR 67594 The revisions consist of the State's 15 Percent Plan and Contingency Plan. The EPA is approving the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating operations, printing operations, plant closures, cutback asphalt, synthetic pharmaceutical manufacturing, automobile refinishing, consumer and commercial products, architectural and industrial maintenance coatings, stage II vapor recovery, reformulated gasoline in on-road and off-road engines, tier I motor vehicle controls, and low emitting vehicles. EPA is taking no action at this time on the emission reduction credit claim made for the Rhode Island automobile inspection and maintenance program. Letter from RI DEM submitting revision for Clean Fuel Fleet Substitution Plan Providence (all of Rhode Island) nonattainment area 10/05/94 03/09/00, 65 FR 12474 Letter outlining commitment to National LEV Statewide 02/22/99 03/09/00, 65 FR 12476 Includes details of the State's commitment to National LEV. Negative Declaration for Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation and Reactor Processes Control Techniques Guidelines Categories Statewide Submitted 04/05/95 12/02/99, 64 FR 67495 October 1, 1999, letter from Rhode Island Department of Environmental Management Statewide Submitted 10/01/99 12/27/00, 65 FR 81743 Submitted Air Pollution Control Regulation No. 14, “NO <sup>X</sup> Budget Trading Program,” and the “NO <sup>X</sup> State Implementation Plan
(SIP)Call Narrative.” “NO <sup>X</sup> State Implementation Plan
(SIP)Call Narrative,” September 22, 1999 Statewide Submitted 10/01/99 12/27/00, 65 FR 81743 November 9, 1999, letter from Rhode Island Department of Environmental Management Statewide Submitted 11/09/99 12/27/00, 65 FR 81743 Stating RI's intent to comply with applicable reporting requirements. Negative Declaration for Aerospace Coating Operations Control Techniques Guideline Category Statewide Submitted 03/28/00 07/10/00, 65 FR 42290 September 20, 2001 letter from Rhode Island Department of Environmental Management Statewide Submitted 09/20/01 06/20/03, 68 FR 36921 Submitting the “NO <sup>X</sup> State Implementation Plan
(SIP)Call Narrative,” revised September 2001. NO <sup>X</sup> State Implementation Plan
(SIP)Call Narrative, revised September 2001 Statewide Submitted 09/20/01 06/20/03, 68 FR 36921 [FR Doc. E6-11108 Filed 7-13-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R03-OAR-2005-0480; FRL-8197-1] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the City of Weirton PM-10 Nonattainment Area to Attainment and Approval of the Maintenance Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving a redesignation request and a State Implementation Plan
(SIP)revision submitted by the State of West Virginia. This revision requests that EPA redesignate the Weirton nonattainment area (Weirton Area) to attainment for the national ambient air quality standards (NAAQS) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10), and concurrently requests approval of a limited maintenance plan
(LMP)as a revision to the West Virginia State Implementation (SIP). In this action, EPA is approving the State's request to redesignate the area from nonattainment to attainment, as well as approving the LMP for the Weirton Area. DATES: *Effective Date:* This final rule is effective on August 14, 2006. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2005-0480. All documents in the docket are listed in the *www.regulations.gov* Web site. Publicly available docket materials are available either electronically through *www.regulations.gov* or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street, SE., Charleston, WV 25304. FOR FURTHER INFORMATION CONTACT: Linda Miller,
(215)814-2068, or by e-mail at *miller.linda@epa.gov.* SUPPLEMENTARY INFORMATION: I. Background On May 11, 2006 (71 FR 27440), EPA published a notice of proposed rulemaking
(NPR)for the State of West Virginia. The NPR proposed approval of the LMP for the Weirton Area in West Virginia and the State's request to redesignate the area from nonattainment to attainment. EPA also proposed to determine that, because the Weirton Area has continued to attain the PM-10 NAAQS, certain attainment demonstration requirements, along with other related requirements of the CAA, are not applicable to the Weirton Area. West Virginia submitted a request to redesignate the Weirton Area to attainment for PM-10 and a SIP submittal for the related maintenance plan on May 24, 2004. II. Summary of SIP Revision On May 16, 2001 (66 FR 27034), EPA promulgated a final rule entitled, “Determination of Attainment of the NAAQS for PM-10 in the Weirton, West Virginia Nonattainment Area” finding that the Weirton PM-10 nonattainment had attained the NAAQS for PM-10 by its applicable December 31, 2000 attainment date. In order to be redesignated from nonattainment to attainment, West Virginia requested, in a letter dated October 14, 2003, that EPA apply its clean data policy to the Weirton Area. The redesignation request, dated May 24, 2004, included the associated SIP submittal of the maintenance plan for the Weirton area. Other specific requirements of the request for redesignation and the associated rationale and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. EPA received one comment in support of the proposed approval. III. Final Action EPA is approving the PM-10 redesignation request for the Weirton Area, and also approving the associated limited maintenance plan as a revision to the West Virginia SIP. IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal requirement, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 *et seq.* , as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** . This rule is not a “major rule” as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action to approve the redesignation request for the Weirton nonattainment area and approve the associated maintenance plan as a revision to the SIP must be filed in the United States Court of Appeals for the appropriate circuit by September 12, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. ( *See* section 307(b)(2).) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Reporting and Recordkeeping requirements, Particulate matter. 40 CFR Part 81 Air Pollution Control, National parks, Wilderness areas. Dated: July 6, 2006. William T. Wisniewski, Acting Regional Administrator, Region III. 40 CFR Parts 52 and 81 are amended as follows: PART 52—[AMENDED] 1. The authority citation for 40 CFR part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* Subpart XX—West Virginia 2. In § 52.2520, the table in paragraph
(e)is amended by adding an entry for the City of Weirton PM-10 Maintenance Plan at the end of the table to read as follows: § 52.2520 Identification of plan.
(e)* * * Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation * * * * * * * City of Weirton PM-10 Maintenance Plan Hancock and Brooke Counties (part)—the City of Weirton 4/24/04 7/14/06 [ *Insert page number where the document begins* ] Limited maintenance plan. PART 81—[AMENDED] Subpart C—Section 107 Attainment Status Designations 1. The authority citation for Part 81 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* 2. In § 81.349, the table for “West Virginia—PM-10” is amended by revising the entry for Hancock and Brooke Counties (part): The City of Weirton to read as follows: § 81.349 West Virginia. West Virginia—PM-10 Designated Area Designation Date Type Classification Date Type * * * * * * * Hancock and Brooke Counties (part): The City of Weirton 9/12/06 Attainment * * * * * * * [FR Doc. E6-11107 Filed 7-13-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 206 [Docket ID FEMA-2006-0028] RIN 1660-AA45 Public Assistance Eligibility AGENCY: Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS). ACTION: Interim rule with request for comments. SUMMARY: This interim rule will allow FEMA to reimburse State, Tribal and local governments within an area designated under a Presidential emergency or major disaster declaration for sheltering and evacuation costs incurred outside of the designated area. Under this rule, FEMA may also directly provide sheltering and evacuation assistance outside of the designated area. DATES: *Effective:* This rule is effective July 14, 2006. *Comments:* Comments due on or before September 12, 2006. ADDRESSES: You may submit comments, identified by Docket ID FEMA-2006-0028, by one of the following methods: Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. E-mail: *FEMA-RULES@dhs.gov.* Include Docket ID FEMA-2006-0028 in the subject line of the message. Fax: 202-646-4536 Mail/Hand Delivery/Courier: Rules Docket Clerk, Office of General Counsel, Federal Emergency Management Agency, Room 835, 500 C Street, SW., Washington, DC 20472. *Instructions:* All Submissions received must include the agency name and Docket ID (if available) for this interim final rule. All comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. For detailed instructions on submitting comments, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of this document. *Docket:* For access to the docket to read background documents or comments received, go to the Federal eRulemaking Portal at *http://www.regulations.gov.* Submitted comments may also be inspected at FEMA, Office of General Counsel, 500 C Street, SW., Room 835, Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: James A. Walke, FEMA, 500 C Street, SW., Washington, DC 20472, or call
(202)646-2751, or e-mail * james.walke@dhs.gov.* SUPPLEMENTARY INFORMATION: Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the interim rule. FEMA also invites comments that relate to the economic, environmental, or federalism affects that might result from this interim rule. Comments that will provide the most assistance to FEMA in developing these procedures will reference a specific portion of the interim rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. *Instructions:* All submissions received must include the agency name and Docket ID for this rulemaking. All comments received will be posted without change to *http://www.regulations.gov* , including any personal information provided. *Docket:* For access to the docket to read background documents or comments received, go to *http://www.regulations.gov.* Submitted comments may also be inspected at Office of General Counsel, Federal Emergency Management Agency, 500 C Street, SW., Room 835, Washington, DC 20472. Background In response to Hurricanes Katrina and Rita in 2005, pre- and post-storm evacuations created a significant need for evacuation and sheltering outside of the counties and States that were initially designated eligible for assistance under the emergency and major disaster declarations. State and local governmental entities outside of the designated areas provided transportation and shelter for evacuees and, as a result, incurred significant costs. However, FEMA's existing regulation required that the eligible work be performed within the designated disaster (or emergency) area. 44 CFR 206.223(a)(2). Therefore, in order for the non-designated State and local governments to recoup their eligible costs, the States were required to request and obtain approval for a separate emergency declaration. Otherwise, there was no mechanism whereby FEMA could provide assistance to those entities that provided evacuation and sheltering services outside the designated areas. Discussion of Interim Rule This interim rule implements a change to 44 CFR 206.223(a)(2). This rule will allow FEMA to reimburse for sheltering and evacuation costs incurred outside of the area designated under a Presidential emergency or major disaster declaration, if the costs are otherwise eligible for Public Assistance funding. Under this rule, an eligible applicant (as defined in 44 CFR 206.222) within the designated disaster area may request an entity outside of the designated area to provide evacuation and sheltering services for its citizens. In such circumstances, the entity that provides the evacuation or sheltering services may seek reimbursement under a mutual aid or similar agreement 1 from the eligible applicant within the designated area that requested the services. The eligible applicant will reimburse the providing entity and FEMA will then reimburse the eligible applicant. Alternatively, FEMA may request an entity outside of the designated area to provide evacuation and sheltering services for the affected State or local government within the designated area. In this case, FEMA will directly reimburse the providing entity for eligible costs. 1 Mutual aid agreements where one State or local government reimburses another State or local government for services provided take many forms, including the Emergency Management Assistance Compact, Public Law 104-321. This interim rule will eliminate the requirement that entities, such as States and local governments that provide evacuation and sheltering services outside of the designated areas, request and receive an emergency declaration from the President before they can recoup their eligible costs for those services. This interim rule will reduce costs and the administrative burden associated with managing Presidential emergency declarations. By eliminating the requirement for an emergency declaration, States will not have to activate the same level of emergency management plans, staff, and resources that are normally required to manage and coordinate operations with FEMA. Furthermore, FEMA will realize cost savings as it will not be required to activate and deploy a Federal Coordinating Officer and the requisite support staff and resources to manage its operations. Finally, FEMA and State governments will avoid the administrative requirements for processing an emergency declaration request or a request to add an area to an existing declaration. States will still have the option of requesting an emergency declaration when the effects of the event create conditions that warrant direct Federal support or assistance to the State providing evacuation and sheltering. Since hurricane season started on June 1, 2006, and because this rule removes restrictions now in place without adding any new restrictions, this interim rule takes effect immediately. This will allow FEMA to provide assistance for sheltering and evacuation operations, such that the providing entities can be reimbursed while eliminating the requirement that States request an emergency declaration from the President. However, FEMA still seeks comments on this rule, especially from State and local governmental entities that have provided or received evacuation and sheltering services in previously declared disasters and emergencies. FEMA is also aware of its responsibility to the taxpayers to ensure that this program is operated with the appropriate level of accountability. Therefore, FEMA particularly welcomes comments on whether this interim rule effectively strikes the balance of providing administrative flexibility to State and local governments while safeguarding taxpayer resources. Administrative Procedure Act In general, FEMA publishes a rule for public comment before issuing a final rule under the Administrative Procedure Act (APA), 5 U.S.C. 533, and 44 CFR 1.12. However, FEMA is issuing this interim rule immediately, and without prior notice and opportunity to comment pursuant section 5 U.S.C. 553(b). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” *Id.* FEMA has determined that delaying implementation of this rule to await public notice and comment is unnecessary, impracticable, and contrary to the public interest for the following reasons: This interim rule is critically important in preparation for the 2006 hurricane season, which officially started on June 1, 2006. The evacuation and sheltering operations following Hurricanes Katrina and Rita in 2005 clearly demonstrate that FEMA needs the ability to address evacuation and sheltering operations in a manner that eliminates unnecessary costs, administrative requirements, and resource deployment. Furthermore, under this rule emergency declaration requests for evacuation and sheltering are unnecessary, thereby eliminating a significant administrative and procedural burden for State governments and FEMA. This interim rule will permit those entities that are not located in a designated area to seek reimbursement without having to request an emergency declaration. Any delay in implementing this interim rule could affect the ability to provide these sheltering and evacuation services for the current hurricane season and have a severe impact on the health, safety, and welfare of the citizens of the affected areas. The ability to provide these services could very well be negatively affected because the administrative requirements removed by this rule take extra time to satisfy in situations where time is of the essence. Relieved of this burden, local jurisdictions and the Federal government will be free to direct their resources to more urgent tasks of evacuation and sheltering. Given that it is currently hurricane season, situations requiring such urgent action could arise in a matter of weeks or days, prior to a time when notice and comment rulemaking could be completed. In accordance with 5 U.S.C. 553(d)(3), FEMA has determined that delaying implementation of this rule to await public notice and comment is unnecessary, impracticable, and contrary to the public interest. Delay is impracticable and contrary to the public interest because hurricane season began on June 1, 2006, and because of the critical nature of providing evacuation and sheltering services. In the event of another catastrophic disaster, resources will be so stressed that freeing up any resources to use toward delivering services as permitted by this rule will provide significant benefits to the impacted public. FEMA also finds good cause, under 5 U.S.C. 553(d)(3), for this interim rule to take effect immediately. FEMA finds that, for the reasons previously discussed, it would be impracticable and contrary to the public interest to delay this rule taking effect due to the current hurricane season and the critical nature of providing evacuation and sheltering services. *See also* 5 U.S.C. 553(d)(1). Although FEMA has good cause to publish this rule without prior notice and comment, FEMA values public comments. As a result, FEMA is soliciting public comments on this interim rule and may revise the final rule in response to those comments. In particular FEMA invites comments from State and local governments who have both received and provided evacuation and sheltering services. Executive Order 12866—Regulatory Planning and Review Under Executive Order 12866, 58 FR 51735, October 4, 1993, a “significant regulatory action”' is subject to Office of Management and Budget
(OMB)review and the requirements of Executive Order 12866. Section 3(f) of the Executive Order defines “significant regulatory action” as one that is likely to result in a rule that may:
(1)Have an annual effect on the economy of $100 million or more, or may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities;
(2)Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
(3)Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or
(4)Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. DHS and OMB have determined that this rule does not constitute a significant regulatory action under Executive Order 12866. This interim rule does not substantially change the amount of eligible grant funding under Presidential emergency or major disaster declarations. Rather, it alters the mechanism by which assistance for sheltering and evacuation operations is delivered. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)mandates that an agency conduct an RFA analysis when an agency is “required by section 553 * * * to publish general notice of proposed rulemaking for any proposed rule * * *” 5 U.S.C. 603(a). Accordingly, RFA analysis is not required when a rule is exempt from notice and comment rulemaking under 5 U.S.C. 553(b). DHS has determined that good cause exists under 5 U.S.C. 553(b)(B) to exempt this rule from the notice and comment requirements of 5 U.S.C. 553(b). Therefore no RFA analysis under 5 U.S.C. 603 is required for this rule. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Unfunded Mandates Reform Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector, of $100,000,000 or more in any one year. The Unfunded Mandates Reform Act does not require an assessment in the case of an interim rule issued without prior notice and public comment. Nevertheless, FEMA does not expect this rule to result in such expenditure. Executive Order 13132, Federalism This interim rule will not have substantial direct effects 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. It will not preempt any State laws. In accordance with section 6 of Executive Order 13132, FEMA determines that this rule will not have federalism implications sufficient to warrant the preparation of a federalism impact statement. National Environmental Policy Act This interim rule falls within the exclusion category of 44 CFR 10.8(d)(2)(ii), which addresses the preparation, revision, adoption of regulations, directives, manuals, and other guidance documents related to actions that qualify for categorical exclusions. Because no other extraordinary circumstances have been identified, this interim rule will not require the preparation of either an environmental assessment or an environmental impact statement as defined by the National Environmental Policy Act. Paperwork Reduction Act of 1995 This interim rule will not revise information collection requirements currently approved under the Paperwork Reduction Act of 1995. Under the Paperwork Reduction Act, a person may not be penalized for failing to comply with an information collection that does not display a currently valid OMB control number. FEMA has determined that because the interim rule would not involve information collection, there is no need to address the Paperwork Reduction Act in the promulgation of the rule. List of Subjects in 44 CFR Part 206 Public Assistance, Work Eligibility. Accordingly, for the reasons set forth in the preamble, FEMA amends part 206 of Chapter I of title 44 of the Code of Federal Regulations as follows: PART 206—FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER NOVEMBER 23, 1988 1. Revise the authority citation for part 206 to read as follows: Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; and E.O. 12673, 54 FR 12571, 3 CFR, 1989 Comp., p. 214. 2. Revise § 206.223(a)(2) to read as follows: § 206.223 General work eligibility.
(a)* * *
(2)Be located within a designated disaster area, except that sheltering and evacuation activities may be located outside the designated disaster area, and Dated: July 10, 2006. R. David Paulison, Director, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6-11128 Filed 7-13-06; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 060314069-6069-01; I.D. 071106A] Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Nantucket Lightship Scallop Access Area to General Category Scallop Vessels AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS announces that the 577 allowed trips for general category scallop vessels into the Nantucket Lightship Scallop Access Area
(NLCA)are projected to be taken by 0001 hr local time, July 13, 2006. The area will be closed to general category vessels until it reopens on June 15, 2007. This action is being taken to prevent the allocation of general category trips in the NLCA from being exceeded during the 2006 fishing year in accordance with the regulations implemented under Framework 18 to the Atlantic Sea Scallop Fishery Management Plan
(FMP)and the Magnuson-Stevens Fishery Conservation and Management Act. DATES: The closure of the NLCA to all general category scallop vessels is effective 0001 hr local time, July 13, 2006, through June 14, 2007. FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Management Specialist,
(978)281-9326, fax
(978)281-9135. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the Sea Scallop Access Areas are found at 50 CFR 648.59 and 648.60. Regulations specifically governing general category scallop vessel operations in the NLCA are specified at § 648.59(d)(5)(ii). These regulations authorize vessels issued a valid general category scallop permit to fish in the NLCA under specific conditions, including a cap of 577 trips to be made by general category vessels during the 2006 fishing year. The regulations at § 648.59(d)(5)(ii) close the NLCA to general category scallop vessels once the Northeast Regional Administrator
(RA)has determined that the allowed number of trips are projected to be taken. Based on Vessel Monitoring System
(VMS)trip declarations by general category scallop vessels fishing in the NLCA and analysis of fishing effort, a projection concluded that, given current activity levels by general category scallop vessels in the area, the trip cap would be attained on July 13, 2006. Therefore, in accordance with the regulations at 50 CFR 648.59(d)(5)(ii), the NLCA is closed to all general category scallop vessels as of 0001 hr local time, July 13, 2006. This closure is in effect for the remainder of the 2006 Access Area Season, which ends January 31, 2007. The NLCA is scheduled to re-open to scallop fishing, including trips for general category scallop vessels, on June 15, 2007, unless the schedule for scallop access areas is modified by the New England Fishery Management Council. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. This action closes the NLCA to all general category scallop vessels until June 15, 2007. The regulations at § 648.59(d)(5)(ii) allow such action to ensure that general category scallop vessels do not take more than their allocated number of trips in the Scallop Access Area. The NLCA opened for the 2006 fishing year on June 15, 2006. Data indicating the general category scallop fleet has taken all of the NLCA trips have only recently become available. To allow general category scallop vessels to continue to take trips in the NLCA during the period necessary to publish and receive comments on a proposed rule would result in vessels taking much more than the allowed number of trips in the NLCA. Excessive trips and harvest from the Scallop Access Area would result in excessive fishing effort in the Access Area, where effort controls are critical. Should excessive effort occur in the Access Area, future management measures would need to be more restrictive. Based on the above, under 5 U.S.C. 553(d)(3), proposed rulemaking is waived because it would be impracticable and contrary to the public interest to allow a period for public comment. Furthermore, for the same reasons, there is good cause under 5 U.S.C 553(d)(3) to waive the 30-day delayed effectiveness period for this action. Authority: 16 U.S.C. 1801 *et seq.* Dated: July 11, 2006. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-6236 Filed 7-11-06; 2:45 pm]
Connectionstraces to 28
Traces to 28 documents
39 references not yet in our index
  • 10 CFR 110
  • 49 CFR 571.213
  • Pub. L. 96-354
  • Pub. L. 96-39
  • Pub. L. 104-4
  • 14 CFR 91
  • 14 CFR 121
  • 14 CFR 125
  • 14 CFR 135
  • 61 Stat. 1180
  • 21 CFR 520
  • 21 CFR 20
  • 5 USC 801-808
  • 29 CFR 4022
  • 29 CFR 4044
  • 33 CFR 100
  • 33 CFR 100.710
  • 5 USC 601-612
  • Pub. L. 104-121
  • 44 USC 3501-3520
  • 2 USC 1531-1538
  • 42 USC 4321-4370f
  • 33 USC 1233
  • 40 CFR 52
  • 1 CFR 51
  • 40 CFR 58
  • 40 CFR 51.24
  • 40 CFR 81
  • 44 CFR 206
  • 44 CFR 206.223(a)(2)
  • 44 CFR 206.222
  • Pub. L. 104-321
  • 5 USC 533
  • 44 CFR 1.12
  • 44 CFR 10.8(d)(2)(ii)
  • 42 USC 5121-5206
  • 50 CFR 648
  • 50 CFR 648.59
  • 50 CFR 648.59(d)(5)(ii)
Citation graph
cites case law
Unknown
Final rule; Correction
U.S.C.§ 44701
Fed. Reg.Notices
C.F.R.§ 25.561
C.F.R.§ 25.562
U.S.C.§ 3507
U.S.C.§ 553
Fed. Reg.Notices
Fed. Reg.Proposed Rules
Fed. Reg.Notices
Cite10 CFR 110
Cite49 CFR 571.213
Pub. L.Pub. L. 96-354
Cites 67 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.