Unknown. Final rule
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/register/2006/07/24/06-6428A 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-2006-07-24.xml --- 71 141 Monday, July 24, 2006 Contents Agricultural Agricultural Marketing Service RULES Cherries (sweet) grown in Washington, 41723-41725 E6-11736 Egg, poultry and rabbit products; inspection and grading: Administrative requirements; update, 42006-42015 06-6159 Egg Research and Promotion Program: American Egg Board; State composition of geographic areas; amendment, 41725-41727 E6-11738 PROPOSED RULES Avocados grown in South Florida, 41740-41741 E6-11739 Soybean promotion, research, and information:
United Soybean Board; representation adjustment, 41741-41743 E6-11737 NOTICES Grade standards: Canned sweet potatoes, 41754-41755 E6-11734 Parsley, 41755 E6-11735 Peppers (other than sweet peppers), 41755-41756 E6-11740 Agriculture Agriculture Department See Agricultural Marketing Service See Foreign Agricultural Service See Forest Service See Natural Resources Conservation Service Army Army Department NOTICES Privacy Act; systems of records, 41782-41784 06-6413 Centers Centers for Disease Control and Prevention NOTICES Meetings:
National Institute for Occupational Safety and Health— Radiation and Worker Health Advisory Board, 41806 E6-11727 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act; system of records, 41807-41815 E6-11637 E6-11638 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41815-41816 06-6405 Civil Civil Rights Commission NOTICES Reports and guidance documents; availability, etc.: Information quality guidelines, 41762-41767 06-6426 Coast Guard Coast Guard RULES Drawbridge operations:
Connecticut, 41730-41731 E6-11730 New York, 41730 E6-11729 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Customs Customs and Border Protection Bureau NOTICES Tariff classification standards: Unisex footwear, 41822-41825 E6-11679 Defense Defense Department See Army Department See Defense Intelligence Agency See Navy Department NOTICES Arms sales notification; transmittal letter, etc., 41775-41782 06-6411 06-6412 Defense Defense Intelligence Agency NOTICES Privacy Act; systems of records, 41784-41786 06-6418 Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements:
ISP Freetown Fine Chemicals, 41840 E6-11694 Johnson Matthey Inc., 41840 E6-11692 Noramco Inc., 41840 E6-11693 Organichem Corp., 41841 E6-11690 *Applications, hearings, determinations, etc.:* Lipomed Inc., 41837-41838 E6-11688 Sigma Adlrich Resesarch BioChemicals, Inc., 41838-41839 E6-11691 Stepan Co., 41839-41840 E6-11689 Education Education Department NOTICES Meetings: Future of Higher Education Commission, 41787 06-6421 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 41787-41788 E6-11710 E6-11712 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:
Tennessee, 41731-41738 E6-11615 PROPOSED RULES Water pollution control: National Pollutant Discharge Elimination System— Water transfers, 41752-41753 E6-11702 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41800-41802 E6-11703 Meetings: Clean Air Scientific Advisory Committee, 41802-41803 E6-11709 Superfund; response and remedial actions, proposed settlements, etc.: American Lead Smelting and Refining Site, IN, 41803 E6-11705 Excello Plating Co. facility;
CA, 41803-41804 E6-11707 FAA Federal Aviation Administration RULES Class E airspace, 41727-41728 E6-11648 E6-11649 Offshore airspace areas, 41728-41730 E6-11487 PROPOSED RULES Airworthiness directives: Airbus, 41743-41745 E6-11711 E6-11722 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 41745-41748 E6-11724 NOTICES Airport noise compatability program: Harrisburg International Airport, PA, 41858-41859 06-6424 Environmental statements; notice of intent: Mammoth Yosemite Airport, CA; scoping meetings, 41859-41860 06-6423 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Assessments:
Deposit Insurance Fund; designated reserve ratio, 41973-41976 06-6280 Risk differentiation frameworks and base assessment schedule, 41910-41973 06-6381 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 41794-41795 E6-11650 Environmental statements; availability, etc.: Duke Power Co. LLC, 41795-41796 E6-11663 Niagara Project, NY, 41796-41797 E6-11655 E6-11660 Hydroelectric applications, 41797-41799 E6-11658 E6-11659 E6-11662 Meetings:
Modesto and Turlock Irrigation Districts, CA; Don Pedro Project 10-year fisheries summary report, 41799-41800 E6-11661 Off-the-record communications, 41800 E6-11651 *Applications, hearings, determinations, etc.:* BM2 LLC, 41789 E6-11653 CenterPoint Energy Gas Transmission Co., 41789 E6-11670 El Paso Natural Gas Co., 41789-41790 E6-11664 E6-11667 E6-11669 Kinder Morgan Interstate Gas Transmission LLC et al., 41791 E6-11656 Manchief Power Co. LLC, 41791-41792 E6-11671 Midwestern Gas Transmission Co., 41792 E6-11668 Northern Natural Gas Co., 41792 E6-11665 Power Hedging Dynamics, LLC, 41792-41793 E6-11652 Thornwood Management Co., LLC, 41793 E6-11654 TransColorado Gas Transmission Co., 41793-41794 E6-11657 Tuscarora Gas Transmission Co., 41794 E6-11666 Federal Highway Federal Highway Administration PROPOSED RULES Transportation infrastructure management:
Projects of national and regional significance; evaluation and rating, 41748-41752 E6-11731 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 41804-41805 E6-11704 Banks and bank holding companies: Formations, acquisitions, and mergers, 41805-41806 E6-11697 E6-11699 Permissible nonbanking activities, 41806 E6-11698 Fish Fish and Wildlife Service PROPOSED RULES Hunting and fishing: Refuge-specific regulations, 41864-41907 06-6318 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41828-41832 E6-11645 E6-11646 E6-11647 Endangered and threatened species:
Incidental take permits— Brevard County, FL; Florida scrub-jay, 41834-41835 E6-11721 Volusia County, FL; Florida scrub-jay, 41833-41834 E6-11719 Endangered and threatened species permit applications, 41832-41833 E6-11716 Environmental statements; availability, etc.: Incidental take permits— San Bernardino County, CA; desert tortoise, 41835-41836 E6-11718 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41816-41821 E6-11640 E6-11641 E6-11642 E6-11643 E6-11644 Foreign Foreign Agricultural Service NOTICES World Trade Organization Agreement on Agriculture; safeguard provisions; product coverage and trigger levels, 41756-41758 06-6406 MISSING FOR:
Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California Eastman Kodak Co.; warehousing, processing and distribution facilities, 41767 E6-11747 Colorado Eastman Kodak Co.; manufacturing, warehousing, processing and distribution facilities, 41767-41768 E6-11748 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 41758-41760 E6-11677 E6-11732 Environmental statements; notice of intent:
Wasatche-Cache National Forest, UT, 41760 06-6422 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 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 41825-41828 E6-11743 06-6432 06-6433 06-6434 Interior Interior Department See Fish and Wildlife Service See National Park Service International International Trade Administration NOTICES Antidumping:
Hot-rolled carbon steel flat products from— China, 41769-41770 E6-11744 Antidumping and countervailing duties: Five-year (sunset reviews)— Advance notification, 41768-41769 E6-11745 Judicial Judicial Conference of the United States NOTICES Meetings: Judicial Conference Advisory Committee on— Bankruptcy Procedure Rules, 41837 06-6431 Civil Procedure Rules, 41837 06-6430 Criminal Procedure Rules, 41837 06-6429 Justice Justice Department See Drug Enforcement Administration See National Institute of Corrections Labor Labor Department See Occupational Safety and Health Administration National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41860 E6-11742 National Institute National Institute of Corrections NOTICES Meetings:
Advisory Board, 41841 06-6427 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Yellowfin sole, 41738-41739 E6-11751 Northeastern United States fisheries— Atlantic sea scallop, 41738 06-6428 NOTICES Fishery conservation and management: West Coast States and Western Pacific fisheries— Guam bottomfish, 41770-41771 E6-11752 Meetings: Gulf of Mexico Fishery Management Council, 41771-41772 E6-11683 E6-11686 North Pacific Fishery Management Council, 41772-41773 E6-11684 Pacific Fishery Management Council, 41773 E6-11685 South Atlantic Fishery Management Council, 41773 E6-11687 Reports and guidance documents; availability, etc.:
Large coastal shark final stock assessment report, 41774 E6-11749 Scientific research permit applications, determinations, etc., 41774-41775 E6-11750 National Park National Park Service NOTICES National Register of Historic Places; pending nominations, 41836-41837 E6-11741 NRCS Natural Resources Conservation Service NOTICES Environmental statements; record of decision: Little Red River Irrigation Project, AR, 41760-41762 E6-11728 Navy Navy Department NOTICES Privacy Act; systems of records, 41786-41787 06-6414 06-6415 06-6416 06-6417 Nuclear Nuclear Regulatory Commission NOTICES Meetings;
Sunshine Act, 41850 06-6443 *Applications, hearings, determinations, etc.:* Entergy Nuclear Vermont Yankee, L.L.C., et al., 41843 E6-11675 Union Electric Co., 41843-41845 E6-11674 Wolf Creek Nuclear Operating Corp, 41845-41850 E6-11672 E6-11673 Occupational Occupational Safety and Health Review Commission PROPOSED RULES Freedom of Information Act; implementation, [ **Editorial Note:** This document, appearing at 71 FR 41384-41392 in the issue of Friday, July 21, 2006, was inadvertently listed under Occupational Safety and Health Administration in that issue's Table of Contents.] Occupational Occupational Safety and Health Administration NOTICES Variance applications, etc.
TUV Rheinland of North America, Inc., 41841-41843 E6-11676 SEC Securities and Exchange Commission RULES Securities: Client commission practices; interpretative guidance, 41978-41996 06-6410 Securities, etc.: Sarbanes-Oxley Act of 2002; implementation— Public Company Accounting Oversight Board budget approval process, 41998-42003 06-6409 NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC; correction, 41862 Z6-10762 Fixed Income Clearing Corp., 41851 E6-11680 National Securities Clearing Corp., 41852-41853 E6-11681 Philadelphia Stock Exchange, Inc., 41853-41856 E6-11682 Philadelphia Stock Exchange, Inc.; correction, 41862 C6-5679 SBA Small Business Administration NOTICES Disaster loan areas:
California, 41856 E6-11620 Oregon, 41856 E6-11639 State State Department NOTICES Culturally significant objects imported for exhibition: Enduring Myth: The Tragedy of Hippolytos & Phaidra, 41856-41857 E6-11725 Reports and guidance documents; availability, etc.: Intergovernmental Panel on Climate Change Fourth Assessment Report; Working Group III contribution; expert review request, 41857 E6-11733 Surface Surface Transportation Board NOTICES Railroad operations, acquisition, construction, etc.:
Coe Rail, Inc., 41861 E6-11591 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Aviation proceedings: Agreements filed, weekly receipts, 41857 E6-11696 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 41857-41858 E6-11695 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 41864-41907 06-6318 Part III Federal Deposit Insurance Corporation, 41910-41976 06-6280 06-6381 Part IV Securities and Exchange Commission, 41978-41996 06-6410 Part V Securities and Exchange Commission, 41998-42003 06-6409 Part VI Agriculture Department, Agricultural Marketing Service, 42006-42015 06-6159 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. 71 141 Monday, July 24, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 923 [Docket No. FV06-923-1 FIR] Sweet Cherries Grown in Designated Counties in Washington; Removal of Container Regulations AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule that removed the container regulations prescribed under the Washington sweet cherry marketing order. Specifically, this rule finalizes the removal of the requirement that dark-colored sweet cherries be handled in containers having a certain net weight. The marketing order regulates the handling of fresh sweet cherries grown in designated counties in the State of Washington, and is administered locally by the Washington Cherry Marketing Committee (Committee). By eliminating the container requirements, this regulatory relaxation provides handlers with the ability to meet the rapidly changing wholesale, retail, and consumer demand for innovative product packaging. This is expected to enhance industry marketing flexibility and efficiency. DATES: *Effective Date:* August 23, 2006. FOR FURTHER INFORMATION CONTACT: Robert J. Curry or Gary D. Olson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue, Suite 385, Portland, Oregon 97204-2807; Telephone:
(503)326-2724; Fax:
(503)326-7440. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone
(202)720-2491; Fax:
(202)720-8938; or E-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 923 (7 CFR part 923) regulating the handling of sweet cherries grown in designated counties in Washington, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” USDA is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule finalizes the removal of the requirement that dark-colored sweet cherries be handled in containers having a certain net weight. This relaxation in the regulations provides handlers with the ability to meet the rapidly changing wholesale, retail, and consumer demand for innovative product packaging, thereby enhancing industry marketing flexibility and efficiency. Section 923.52 of the order authorizes the issuance of regulations for grade, size, quality, maturity, pack, and container for any variety of sweet cherries grown in the production area. Section 923.52(a)(3) specifically authorizes the establishment of the container regulations found in § 923.322. Section 923.53 authorizes the modification, suspension, or termination of regulations issued pursuant to § 923.52. Authority to regulate the size, capacity, weight, dimension, markings or pack of containers used in the handling of fresh sweet cherries was included in the order when promulgated in 1957. This authority was included in the order to facilitate container standardization and thus help establish orderly marketing conditions and increase producer returns. The Committee meets prior to each season to consider recommendations for modification, suspension, or termination of any regulatory requirements for Washington sweet cherries that are issued on a continuing basis. Committee meetings are open to the public and interested persons may express their views at these meetings. The USDA reviews the Committee recommendations along with any supportive information submitted by the Committee, as well as information from other available resources, and determines whether modification, suspension, or termination of the regulatory requirements would tend to effectuate the declared policy of the Act. At its February 28, 2006, meeting, the Committee recommended that the container regulations be entirely removed from the handling regulations. The Committee recommended that this rule be effective as early as May 1, 2006, to ensure that the earliest shipments of sweet cherries benefit from the relaxed regulations, and that container manufacturers have adequate time prior to the beginning of the shipping season to retool if new containers are ordered by the industry. The container requirements provide the Washington cherry industry with container standardization to help ensure orderly marketing conditions and increased producer returns. Section 923.322(d) provided that: “No handler shall handle any lot of cherries, except cherries of the Rainier, Royal Anne, and similar varieties commonly referred to as “light sweet cherries”, unless such cherries are in containers which meet each of the following applicable requirements:
(1)The net weight of loose packed (jumble-filled) cherries in any container shall be 12 pounds or less, or 20 pounds or more. The net weight of face packed cherries in any container shall be 15 pounds, or 12 pounds or less: *Provided,* That containers with a net weight of 12 pounds or less may be packed together with like containers in a master shipping container.
(2)Subject to the provisions of paragraphs (b)(2)(i) and
(ii)of this section, shipments of cherries may be handled in such experimental containers as have been approved by the Washington Cherry Marketing Committee.” Paragraph
(2)above refers to the provisions of § 923.322(b)(2)(i) and (ii), which specified that: “(i) All shipments handled in such containers shall be under the supervision of the committee; and
(ii)at least 90 percent, by count, of the cherries in any lot of such containers shall measure not less than 54/64 inch in diameter, and not more than 5 percent, by count, may be less than 52/64 inch in diameter.” Since the provisions of (b)(2)(i) and
(ii)referred to experimental containers exempt under 923.322(d)(2), this rule also finalizes the removal of both paragraphs from the handling regulations. Comments made at the public meeting indicate that container standardization has contributed to orderly marketing in the past. Due to the changing dynamics in the fresh produce industry, however, buyers—at the wholesale, retail and consumer level—are seeking many more packaging options than have been available in the past. Handlers report that buyers are increasingly interested in non-traditional packaging options designed for better handling and greater consumer acceptance. Handlers also desire greater latitude in choosing the optimum weight for a particular type of pack. Of specific concern to this industry is the ability to pack cherries in containers with net weights of between 12 and 20 pounds—a weight range specifically barred under the removed container regulation. Although § 923.322(d)(2) provided for experimental container exemptions, those handlers who have utilized this exemption in the past felt that the process was too cumbersome and time-consuming, thus failing to provide the optimal flexibility they need under current marketing conditions. Regardless of the size, capacity, or type containers the industry may eventually use, the Committee believes that the Washington cherry industry desires flexibility in packaging dark-colored sweet cherries. This action provides the industry with needed flexibility. This rule not only finalizes the removal of the container regulations (§ 923.322(d)), but also finalizes necessary conforming changes through the removal of § 923.322(b)(2)(i) and (ii), as well as references to container requirements in § 923.322(f)(1)(ii) and § 923.322(g). Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 1,500 cherry producers within the regulated production area and approximately 53 regulated handlers. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $6,500,000. For the 2005 shipping season, the Washington Agricultural Statistics Service prepared a preliminary report showing that the total 113,000 ton fresh market sweet cherry utilization sold for an average of $2,830 per ton. Based on the number of producers in the production area, the average producer revenue from the sale of sweet cherries in 2005 is estimated at approximately $213,200 per year. In addition, the Committee reports that most of the industry's 53 handlers would have each averaged gross receipts of less than $6,500,000 from the sale of fresh sweet cherries last season. Thus, the majority of producers and handlers of Washington sweet cherries may be classified as small entities. At its February 28, 2006, meeting the Committee recommended that the container regulations in § 923.322(d) be removed from the order's rules and regulations. Section 923.52(a)(3) of the order specifically authorizes the establishment of container regulations. Further, § 923.53 authorizes the modification, suspension, or termination of regulations issued pursuant to § 923.52. This relaxation in the regulations provides handlers with the ability to meet the rapidly changing wholesale, retail, and consumer demand for innovative product packaging, thus enhancing industry marketing flexibility and efficiency. The Committee anticipates that this rule will not negatively impact small businesses. This rule finalizes the removal of the container requirements found under § 923.322(d) of the order's rules and regulations, and, thus, should provide the industry with greater marketing opportunities. The Committee believes that any additional costs this action may have on the industry would be associated with the development and use of new containers. Such costs would likely be offset by new marketing opportunities. The Committee discussed alternatives to its recommendation to remove the container regulations. The Committee explored the option of leaving the container regulations intact without change. This option was rejected as being an inadequate response to the demand for greater flexibility in the packaging of fresh cherries. Temporary suspension of the regulations was considered, and then discarded, as also being inadequate for the current marketing situation. This rule will not impose any additional reporting or recordkeeping requirements on either small or large cherry handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. AMS is committed to compliance with the Government Paperwork Elimination Act (GPEA), which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. The Committee's meeting was widely publicized throughout the Washington cherry industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the February 28, 2006, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. An interim final rule regarding this action was published in the **Federal Register** on April 10, 2006. Committee staff ensured that copies of the rule were made available to Committee members and Washington sweet cherry industry members. In addition, the rule was made available through the Internet by USDA and the Office of the Federal Register. The interim final rule provided for a 60-day comment period that ended June 9, 2006. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html* . Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the Committee's recommendation, and other information, it is found that finalization of the interim final rule, without change, as published in the **Federal Register** (71 FR 17982, April 10, 2006) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 923 Cherries, Marketing agreements, Reporting and recordkeeping requirements. PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON Accordingly, the interim final rule amending 7 CFR part 923 which was published at 71 FR 17982 on April 10, 2006, is adopted as a final rule without change. Dated: July 18, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-11736 Filed 7-21-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1250 [Docket No. PY-06-001] Amendment to Egg Research and Promotion Rules and Regulations AGENCY: Agricultural Marketing Service. ACTION: Interim final rule with request for comments. SUMMARY: This action will amend the Egg Research and Promotion Rules and Regulations by changing the State composition of the six geographic areas on the American Egg Board. The Board approved this change and requested that the Secretary amend the Rules and Regulations accordingly. This adjustment is based on changing geographic trends in egg production and would become effective beginning with the 2007-08 membership term. DATES: Effective July 25, 2006. Comments must be received by August 23, 2006. ADDRESSES: Written comments are to be mailed to Angela C. Snyder, Chief, Research and Promotion, Poultry Programs, AMS, USDA, Stop 0256, 1400 Independence Avenue, SW., Washington, DC 20090-6456; or by fax to
(202)720-5631. Alternatively, comments may be submitted electronically to: *angie.snyder@usda.gov* . Comments may also be submitted electronically to: *AMSPYDockets@usda.gov* or *http://www.regulations.gov* . State that your comments refer to Docket No. PY-06-001. Comments should be submitted in duplicate. Comments received may be inspected at this location between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Comments received also will be made available over the Internet in the rulemaking section of the AMS Web site *http://www.ams.usda.gov/rulemaking* . A copy of this interim final rule may be found at: *http://www.ams.usda.gov/poultry/regulations/rulemaking/index.htm* . FOR FURTHER INFORMATION CONTACT: Angela C. Snyder,
(202)720-5131. SUPPLEMENTARY INFORMATION: The Egg Research and Promotion Order (Order) is issued under the Egg Research and Consumer Information Act (Act), as amended [7 U.S.C. 2701 *et seq.* ]. Executive Order 12866 The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have a retroactive effect. This rule would not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 14 of the Act, a person subject to an order may file provisions of such Order or any obligations imposed in connection with such Order are not in accordance with law; and requesting a modification of the Order or an exemption there from. Such person is afforded the opportunity for a hearing on the petition. After a hearing, the Secretary would rule on the petition. The Act provides that the district court of the United States in any district in which such person is an inhabitant, or has his principal place of business, has jurisdiction to review the Secretary's ruling on the petition, if a complaint is filed within 20 days after date of the entry of the ruling. Regulatory Flexibility Act The Agricultural Marketing Service has determined that this rule will not have a significant economic impact on a substantial number of small entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). The rule imposes no new burden on the industry but merely adjusts area distribution to reflect geographic shifts in production since the last review. In accordance with the provisions of the Act and section 1250.328 of the Order, the area grouping of the 48 contiguous States are to be reviewed by the Board at least every 5 years. Based on the latest review, the Board has recommended adjustment of area distribution to reflect sustained geographic shifts in egg production. Total United States table egg production was 76.98 billion in 2005, representing a 9% increase in exports and continued increases in domestic per capita consumption. There are approximately 260 egg producers required to pay assessments to the Board under the Act. The Act exempts producers owning less than 75,000 laying hens from paying assessments; therefore, the nation's smallest producers are exempt from the program. The Small Business Administration
(SBA)[13 CFR 121.201] defines small agricultural producers as those having receipts of $750,000 or less annually and small agricultural service firms as those having receipts of $6.5 million or less annually. None of the 260 producers subject to the Act are believed to be categorized by the SBA as small agricultural producers. Paperwork Reduction Act Information collection requirements and recordkeeping provisions contained in 7 CFR part 1250 have been previously approved by the Office of Management and Budget and assigned OMB Control No. 0581-0093 under the Paperwork Reduction Act of 1980. Background and Proposed Change The Egg Research and Promotion Order (7 CFR 1250.301—1250.363) established pursuant to the Egg Research and Consumer Information Act, as amended (7 U.S.C. 2701 *et seq.* ), provides in section 1250.328(d) that any changes in representation on the American Egg Board be determined by the percentage of total U.S. egg production in each of the six geographic areas. The Board has 18 members, and representation in each of the 6 areas is based on egg production in the area. The Order further provides in section 1250.328(e) that the Board or designated person or agency shall conduct periodic reviews of production by geographic area at any time, not to exceed 5 years. This ensures that representation on the Board, insofar as is practicable, is fair and equal. During the development process of the Order in 1975, the 48 contiguous States of the United States and the District of Columbia were divided into 6 geographic areas for purposes of determining proportionate representation on the Board. The areas corresponded with those used by the National Agriculture Statistics Service, USDA. The Order provides in section 1250.328(d) that Board membership in each area be determined by calculating the percentage of U.S. egg production in the area, multiplying that total by 18 (total Board membership), and rounding to the nearest whole number. For the 2003 review, the American Egg Board 2002 production data were reconciled with the 2002 data from USDA to verify the shifts in production trends. The review showed the South Atlantic, East North Central, West North Central, South Central, and Western areas are no longer equitably represented on the Board. Therefore, the Board submitted a recommendation to the Secretary in accordance with section 1250.328(e) of the Order to redistrict the six areas. The following changes will be made accordingly: State Composition Current Revisions I—North Atlantic Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, District of Columbia None. II—South Atlantic Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee Add Arkansas, Louisiana, Mississippi, Oklahoma; Remove Kentucky, Tennessee. III—East North Central Indiana, Michigan, Ohio Add Kentucky, Missouri, Tennessee; Remove Indiana. IV—West North Central Illinois, Iowa, Minnesota, Nebraska, North Dakota, South Dakota, Wisconsin Add Colorado, Idaho, Indiana, Montana, Wyoming; Remove Iowa, Nebraska. V—South Central Arkansas, Colorado, Kansas, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, Texas Add Iowa, Nebraska; Remove Arkansas, Colorado, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, Texas. VI—Western Arizona, California, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming Add New Mexico, Texas; Remove Idaho, Montana, Wyoming. The change is based on production in the redistricted areas and application of the formula in section 1250.328(d) of the Order that states that changes to the Board shall be accomplished by determining the percentage of United States egg production in each area times 18 (total Board membership) and rounding to the nearest whole number, as follows: Redistricted area Reported cases % of total production % of total production times 18 Board membership 1 I—North Atlantic 41,440,000 15.26 2.75 3 II—South Atlantic 39,900,000 14.70 2.65 3 III—East North Central 43,980,000 16.20 2.92 3 IV—West North Central 47,670,000 17.56 3.16 3 V—South Central 50,100,000 18.45 3.32 3 VI—Western 48,400,000 17.83 3.21 3 Total U.S. Production 271,490,000 100 18.01 18 1 Based on rounding to the nearest whole number [§ 1250.328(d)]. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because the Board adjustment provided for in this interim final rule needs to be effective as soon as possible in order to complete 2007-2008 Board appointments. List of Subjects in 7 CFR Part 1250 Administrative practice and procedure, Advertising, Agricultural research, Eggs and egg products, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, Title 7, CFR part 1250 is amended as follows: PART 1250—EGG RESEARCH AND PROMOTION 1. The authority citation for part 1250 continues to read as follows: Authority: 7 U.S.C. 2701-2718 and 7 U.S.C. 7401. 2. Section 1250.510 is revised to read as follows: § 1250.510 Determination of Board Membership.
(a)Pursuant to § 1250.328
(d)and
(e)of the Order, the 48 contiguous States of the United States shall be grouped into 6 geographic areas, as follows: Area 1 (North Atlantic States)—Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, West Virginia, and the District of Columbia; Area 2 (South Atlantic States)—Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina; Area 3 (East North Central States)—Kentucky, Michigan, Missouri, Ohio, Tennessee; Area 4 (West North Central States)—Colorado, Idaho, Illinois, Indiana, Minnesota, Montana, North Dakota, South Dakota, Wisconsin, Wyoming; Area 5 (South Central States)—Iowa, Kansas, Nebraska; Area 6 (Western States)—Arizona, California, Nevada, New Mexico, Oregon, Texas, Utah, and Washington.
(b)Board representation among the 6 geographic areas is apportioned to reflect the percentages of United States egg production in each area times 18 (total Board membership). The distribution of members of the Board is: Area 1-3, Area 2-3, Area 3-3, Area 4-3, Area 5-3, and Area 6-3. Each member will have an alternate appointed from the same area. Dated: July 18, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-11738 Filed 7-21-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2005-23157; Airspace Docket No. 05-ANM-15] Amendment to Class E Airspace; Kalispell, MT AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action revises the Class E airspace at Kalispell, MT. Additional controlled airspace is necessary for the safety of Instrument Flight Rules
(IFR)aircraft executing the published Instrument Landing System
(ILS)approach procedures to the newly extended runway at Kalispell/Glacier Park International Airport, Kalispell, MT. DATES: *Effective Date:* 0901 UTC, September 28, 2006. FOR FURTHER INFORMATION CONTACT: Ed Haeseker, Federal Aviation Administration, Western En Route and Oceanic Area Office, Airspace Branch, 1601 Lind Avenue SW., Renton, WA, 98055-4056; telephone
(425)227-2527. SUPPLEMENTARY INFORMATION: History On December 28, 2005, the FAA published in the **Federal Register** a notice of proposed rulemaking to revise Class E airspace at Kalispell, MT (71 FR 16250). This action would provide additional controlled airspace for the safety of IFR aircraft executing the published ILS approach procedures to the newly extended runway at Kalispell/Glacier Park International Airport, Kalispell, MT. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6002 of FAA Order 7400.9O, effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by revising Class E airspace at Kalispell, MT. Additional controlled airspace is necessary for the safety of IFR aircraft executing the published ILS approach procedures to the newly extended runway at Kalispell/Glacier Park International Airport, Kalispell, MT. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9O, Airspace Designations and Reporting Points, updated yearly, effective September 15, 2006, is amended as follows: Paragraph 6002—Class E Airspace Designated As a Surface Area. ANM MT E Kalispell, MT [Revised] Kalispell/Glacier Park International Airport, MT (lat. 48°18′38″ N., long. 114°15′22″ W.) Smith Lake NDB (lat. 48°06′30″ N., long. 114°27′40″ W.) Within a 4.3-mile radius of the Kalispell/Glacier Park International Airport, and within 1.8 miles each side of the 035° bearing from the Smith Lake NDB extending southwest from the 4.3-mile radius to the Smith Lake NDB. Issued in Seattle, Washington, on July 13, 2006. Clark Desing, System Support, Western Service Area. [FR Doc. E6-11649 Filed 7-21-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2005-23361; Airspace Docket No. 05-ANM-17] Revision of Class E Airspace; Pinedale, WY AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This final rule will revise the Class E airspace at Pinedale, WY. Additional controlled airspace is necessary to accommodate aircraft executing a new Area Navigation
(RNAV)Global Positioning System
(GPS)approach procedure at Pinedale/Ralph Wenz Field. This action will improve the safety of Instrument Flight Rules
(IFR)aircraft executing this new procedure at Pinedale/Ralph Wenz Field, Pinedale, WY. DATES: *Effective Date:* 0901 UTC, September 28, 2006. FOR FURTHER INFORMATION CONTACT: Ed Haeseker, Federal Aviation Administration, Western En Route and Oceanic Area Office, Airspace Branch, 1601 Lind Avenue SW., Renton, WA, 98055-4056; telephone
(425)227-2527. SUPPLEMENTARY INFORMATION: History On February 27, 2006, the FAA published in the **Federal Register** a notice of proposed rulemaking to revise Class E airspace at Pinedale, WY, (71 FR 9740). This action would improve the safety of Instrument Flight Rules
(IFR)aircraft executing this new procedure at Pinedale/Ralph Wenz Field, Pinedale, WY. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. The NPRM described the Wenz NDB bearings “to” the facility instead of “from” the facility, which is standard practice. This rule makes an editorial change to describe the bearings from the NDB. Except for this editorial change, this rule is the same as proposed in the NPRM. Class E airspace designations are published in paragraph 6002 of FAA Order 7400.9O, effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by revising Class E airspace at Pinedale, WY. Additional controlled airspace is necessary to accommodate IFR aircraft executing a new RNAV
(GPS)approach procedure at Pinedale/Ralph Wenz Field, Pinedale, WY. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR part 71.1 of the Federal Aviation Administration Order 7400.9O, Airspace Designations and Reporting Points, updated yearly, effective September 15, 2006, is amended as follows: Paragraph 6005 Class E Airspace areas extending upward from 700 feet or more above the surface of the earth. ANM WY E5 Pinedale, WY [Revised] Pinedale/Ralph Wenz Field, WY (Lat. 42°47′44″ N., long. 109°48′26″ W.) Big Piney VOR/DME (Lat. 42°34′46″ N., long. 110°06′33″ W.) Wenz NDB (Lat. 42°47′50″ N., long. 109°48′13″ W.) That airspace extending upward from 700 feet above the surface within 4.3 miles each side of a direct line between the Big Piney VOR/DME and the Wenz NDB extending from the VOR/DME to a point 4.3 miles northeast of the NDB, and within 3.1 miles each side of the 143° bearing and 4.0 miles each side of the 123° bearing from the Wenz NDB extending to 13 miles southeast of the NDB, and 4.0 miles either side of the 303° bearing from the Wenz NDB extending to 10 miles northwest of the NDB; that airspace extending upward from 1,200 feet above the surface beginning at Lat. 43°00′00″ N., long. 110°30′00″ W., thence east to Lat. 43°00′00″ N., long. 109°45′00″ W., thence southeast to Lat. 42°30′00″ N., long. 109°11′00″ W., thence southwest to Lat. 42°00′00″ N., long. 109°50′00″ W., thence west to Lat. 42°00′00″ N., long. 110°00′00″ W., thence northwest to point of beginning. Issued in Seattle, Washington, on July 13, 2006. Clark Desing, System Support, Western Service Area. [FR Doc. E6-11648 Filed 7-21-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-23926; Airspace Docket No. 06-AAL-10] RIN 2120-AA66 Modification of the Norton Sound Low Offshore Airspace Area; AK AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends the Norton Sound Low Offshore Airspace Area in Alaska. Specifically, this action modifies the Norton Sound Low Offshore Airspace Area in the vicinity of the Shishmaref Airport, AK, by lowering the offshore airspace floor to 1,200 feet mean sea level
(MSL)within a 30-mile radius of the airport. Additionally, this action modifies the airspace in the vicinity of Nome Airport, AK, by lowering the airspace floor to 700 feet MSL within a 25-mile radius of the airport, and 1,200 feet MSL within a 77.4-mile radius of the Nome VORTAC. The FAA is taking this action to provide additional controlled airspace for aircraft instrument flight rules
(IFR)operations at the Nome and Shishmaref Airports. DATES: Effective September 28, 2006. FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone:
(202)267-8783. SUPPLEMENTARY INFORMATION: History On May 11, 2006, the FAA published in the **Federal Register** a notice of proposed rulemaking to modify the Norton Sound Low offshore airspace area in Alaska (71 FR 27430). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received. In the notice of proposed rulemaking the description was described from west to north/east to south. In the final rule the description is reversed and described from west to south/east to north for the ease of digitizing the description. With the exception of this editorial change, this amendment is the same as that published in the notice. Offshore Airspace Areas are published in paragraph 6007 of FAA Order 7400.9O dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR 71.1. The Offshore Airspace Areas listed in this document will be published subsequently in the Order. The Rule This action amends to Title 14 Code of Federal Regulations (14 CFR) part 71 modifying the Norton Sound Low Offshore Airspace Area, AK, by lowering the floor to 1,200 feet MSL within a 30-mile radius of two geographic points near the Shishmaref Airport, AK. Additionally, this action lowers the controlled airspace floor to 700 feet MSL within a 25-mile radius of the Nome Airport and to 1,200 feet MSL within a 77.4-mile radius of the Nome VORTAC. The purpose of this action is to establish controlled airspace to support IFR operations at the Nome and Shishmaref Airports, Alaska. Additional controlled airspace extending upward from 700 feet and 1,200 feet MSL above the surface in international airspace is created by this action. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under Department of Transportation
(DOT)Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. ICAO Considerations As part of this rule relates to navigable airspace outside the United States, this notice is submitted in accordance with the International Civil Aviation Organization
(ICAO)International Standards and Recommended Practices. The application of International Standards and Recommended Practices by the FAA, Office of System Operations Airspace and AIM, Airspace & Rules, in areas outside the United States domestic airspace, is governed by the Convention on International Civil Aviation. Specifically, the FAA is governed by Article 12 and Annex 11, which pertain to the establishment of necessary air navigational facilities and services to promote the safe, orderly, and expeditious flow of civil air traffic. The purpose of Article 12 and Annex 11 is to ensure that civil aircraft operations on international air routes are performed under uniform conditions. The International Standards and Recommended Practices in Annex 11 apply to airspace under the jurisdiction of a contracting state, derived from ICAO. Annex 11 provisions apply when air traffic services are provided and a contracting state accepts the responsibility of providing air traffic services over high seas or in airspace of undetermined sovereignty. A contracting state accepting this responsibility may apply the International Standards and Recommended Practices that are consistent with standards and practices utilized in its domestic jurisdiction. In accordance with Article 3 of the Convention, state-owned aircraft are exempt from the Standards and Recommended Practices of Annex 11. The United States is a contracting state to the Convention. Article 3(d) of the Convention provides that participating state aircraft will be operated in international airspace with due regard for the safety of civil aircraft. Since this action involves, in part, the designation of navigable airspace outside the United States, the Administrator was consulted with the Secretary of State and the Secretary of Defense in accordance with the provisions of Executive Order 10854. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9O, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 16, 2006, is amended as follows: Paragraph 6007 Offshore Airspace Areas Norton Sound Low, AK [Amended] That airspace extending upward from 700 feet MSL within a 25-mile radius of the Nome Airport; and that airspace extending upward from 1,200 feet MSL within a 45-mile radius of Deering Airport, AK, within a 35-mile radius of Lat. 60°21′17″ N., long. 165°04′01″ W., within a 30-mile radius of Lat. 66°09′58″ N., long. 166°30′03″ W., within a 30-mile radius of Lat. 66°19′55″ N., long. 165°40′32″ W. and within a 77.4-mile radius of the Nome VORTAC; and that airspace extending upward from 14,500 feet MSL within an area bounded by a line beginning at Lat. 59°59′57″ N., long. 168°00′08″ W., to 57°45′57″ N., long. 161°46′08″ W., to Lat. 58°06′57″ N.; long. 160°00:00″ W.; to Lat. 56°42′59″ N., long. 160°00′00″ W.; thence by a line 12 miles from and parallel to the shoreline at Lat. 68°00′00″ N., long. 168°58′23″ W., to 65°00′00″ N., long. 168°58′23″ W., to 62°35′00″ N., long. 175°00′00″ W., to point of beginning. Issued in Washington, DC, on July 14, 2006. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. E6-11487 Filed 7-21-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-06-090] Drawbridge Operation Regulations; Hutchinson River, Bronx, NY AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the AMTRAK Pelham Bay Bridge, across the Hutchinson River, mile 0.5, at New York City, New York. This deviation allows the bridge to remain in the closed position from 5 a.m. to 9 p.m. on July 23, 30, August 13, 20, and 27, 2006. This deviation is necessary to facilitate scheduled bridge maintenance. DATES: This deviation is effective from July 23, 2006 through August 27, 2006. ADDRESSES: Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, One South Street, New York, New York, 10004, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is
(212)668-7165. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at
(212)668-7165. SUPPLEMENTARY INFORMATION: The AMTRAK Pelham Bay Bridge, across the Hutchinson River, mile 0.5, at New York City, New York, has a vertical clearance in the closed position of 8 feet at mean high water and 15 feet at mean low water. The existing regulation, 33 CFR 117.793, requires the bridge to open on demand. The owner of the bridge, National Railroad Passenger Corporation (AMTRAK), requested a temporary deviation to facilitate scheduled structural bridge repairs, replacement of the track and tread plates. In order to perform the above repairs the bridge must remain in the closed position. Under this temporary deviation the AMTRAK Pelham Bay Bridge across the Hutchinson River, mile 0.5, at New York City, New York, need not open for the passage of vessel traffic from 5 a.m. to 9 p.m. on July 23, 30, August 13, 20, and 27, 2006. Vessels that can pass under the draw without a bridge opening may do so at all times. In accordance with 33 CFR 117.35(c), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: July 14, 2006. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E6-11729 Filed 7-21-06; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD01-06-093] Drawbridge Operation Regulations; Thames River, New London, CT AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations. SUMMARY: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Amtrak Bridge, across the Thames River, mile 3.0, at New London, Connecticut. This deviation, in effect from July 14, 2006 through September 11, 2006, allows the bridge to remain in the closed position except during specific time periods when the bridge will remain open for the passage of vessel traffic. This deviation is necessary to facilitate unscheduled bridge repairs. DATES: This deviation is effective from July 14, 2006 through September 11, 2006. ADDRESSES: Materials referred to in this document are available for inspection or copying at the First Coast Guard District, Bridge Branch Office, One South Street, New York, New York, 10004, between 7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is
(212)668-7165. The First Coast Guard District Bridge Branch Office maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First Coast Guard District, at
(212)668-7165. SUPPLEMENTARY INFORMATION: The Amtrak Bridge, across the Thames River, mile 3.0, at New London, Connecticut, has a vertical clearance in the closed position of 30 feet at mean high water and 33 feet at mean low water. The existing regulation is listed at 33 CFR 117.224. The owner of the bridge, National Railroad Passenger Corporation (AMTRAK), requested a temporary deviation to facilitate unscheduled structural bridge repairs. On June 29, 2006, the bridge owner discovered that one of the main bridge piers had shifted as a result of pile driving for the new adjacent Amtrak Bridge. In order to perform corrective repairs, minimize structural impingement, and continue to provide for rail traffic, the bridge must remain in the closed position except during specific time periods during which the bridge will remain in the full open position for the passage of vessel traffic. Therefore, under this temporary deviation in effect from July 14, 2006 through September 11, 2006, the Amtrak Bridge across the Thames River, mile 3.0, at New London, Connecticut, shall remain in the full open position for the passage of vessel traffic as follows: *Monday through Friday:* 5 a.m. to 5:40 a.m.; 11:20 a.m. to 11:55 a.m.; 3:34 p.m. to 4:15 p.m.; and 8:30 p.m. to 8:57 p.m. *Saturday:* 8:30 a.m. to 9:10 a.m.; 12:36 p.m. to 1:05 p.m.; 3:40 p.m. to 4:10 p.m.; 5:34 p.m. to 6:07 p.m.; and 7:33 p.m. to 8:40 p.m. *Sunday:* 8:30 a.m. to 9:20 a.m.; 11:35 a.m. to 12:15 p.m.; 1:27 p.m. to 1:55 p.m.; 6:27 p.m. to 7:13 p.m.; and 8:28 p.m. to 9:16 p.m. At all other times the draw shall remain in the closed position. Vessels that can pass under the draw without a bridge opening may do so at all times. The bridge owner did not provide the required thirty-day notice to the Coast Guard for this deviation; however, this deviation was approved because the repairs are necessary repairs that must be performed with undue delay in order to assure the continued safe reliable operation of the bridge. In accordance with 33 CFR 117.35(c), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. Should the bridge maintenance authorized by this temporary deviation be completed before the end of the effective period published in this notice, the Coast Guard will rescind the remainder of this temporary deviation, and the bridge shall be returned to its normal operating schedule. Notice of the above action shall be provided to the public in the Local Notice to Mariners and the **Federal Register** , where practicable. This deviation from the operating regulations is authorized under 33 CFR 117.35(b). Dated: July 14, 2006. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. E6-11730 Filed 7-21-06; 8:45 am] BILLING CODE 4910-15-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [TN-200602; FRL-8197-2] Approval and Promulgation of Air Quality Implementation Plans; Tennessee; 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 Tennessee State Implementation Plan
(SIP)compilation. In particular, materials submitted by Tennessee that are incorporated by reference
(IBR)into the Tennessee SIP are being updated to reflect EPA-approved revisions to Tennessee's SIP that have occurred since the last update. In this action EPA is also notifying the public of the correction of certain typographical errors. DATES: This action is effective July 24, 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, Region 4, 61 Forsyth Street, SW., Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 1301 Constitution Avenue, NW., Room B102, Washington, DC 20460, and 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: Ms. Stacy DiFrank at the above Region 4 address or at
(404)562-9042. SUPPLEMENTARY INFORMATION: Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the SIP to EPA. Once these control measures and strategies are approved by EPA, after notice and comment, they are incorporated into the federally approved SIP and are identified in part 52 “Approval and Promulgation of Implementation Plans,” Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by EPA is not reproduced in its entirety in 40 CFR part 52, but is “incorporated by reference.” This means that EPA has approved a given state regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the NAAQS and to take enforcement action if necessary. The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. 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 incorporating by reference, into the Code of Federal Regulations, materials submitted by states in their EPA-approved SIP revisions. These changes revised the format for the identification of the SIP in 40 CFR part 52, stream-lined the mechanisms for announcing EPA approval of revisions to a SIP, and stream-lined the mechanisms for EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for EPA to maintain “SIP Compilations” that contain the federally-approved regulations and source specific permits submitted by each state agency. These SIP Compilations are contained in 3-ring binders and are updated primarily on an annual basis. Under the revised procedures, EPA is to periodically publish an informational document in the rules section of the **Federal Register** when updates are made to a SIP Compilation for a particular state. EPA's 1997 revised procedures were formally applied to Tennessee on June 30, 1999 (64 FR 35009). This action represents EPA's publication of the Tennessee SIP Compilation update, appearing in 40 CFR part 52. In addition, notice is provided of the following typographical corrections to Table 1 of § 52.2220, as described below, and modifying the IBR Table format of Table 1. 1. Correcting typographical errors listed in Table 1 of § 52.2220(c), as described below: A. Change in **Federal Register** citations to reflect the beginning page of the preamble as opposed to that of the regulatory text. B. Chapter 1200-3-5-.03 title is revised to read “Method of Evaluating and Recording.” C. Chapter 1200-3-5-.11 EPA approved date is corrected to read “07/16/02.” D. Chapter 1200-3-9-.05, “Appeal of Permit Application Denials and Permit Conditions,” is changed to Chapter 1200-3-9-.06, and a new Chapter 1200-3-8-.05 is added and “Reserved.” EPA has determined that today's action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedure 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 an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved state programs and corrects typographical errors appearing in the **Federal Register** . 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 for this administrative action is “unnecessary” and “contrary to the public interest” since the codification (and typographical corrections) only reflect existing law. Immediate notice of this action in the **Federal Register** benefits the public by providing the public notice of the updated Tennessee SIP Compilation and notice of typographical corrections to the Tennessee “Identification of Plan” portion of the **Federal Register** . Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this administrative action is not a “significant regulatory action” and is therefore not subject to review by the Office of Management and Budget. This action is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the Agency has made a “good cause” finding that this action is not subject to notice-and-comment requirements under the APA or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), or to sections 202 and 205 of the Unfunded Mandates Reform Act
(UMRA)of 1995 (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This administrative action also does 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), nor will it 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 administrative action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This administrative action does not involve technical standards, 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. The administrative action also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). This administrative action does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). EPA's compliance with these Statutes and Executive Orders for the underlying rules are discussed in previous actions taken on the State's rules. B. Submission to Congress and the Comptroller General The Congressional Review Act
(CRA)(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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Today's administrative action simply codifies (and corrects) provisions which are already in effect as a matter of law in Federal and approved state programs. 5 U.S.C. 808(2). These announced actions were effective when EPA approved them through previous rulemaking actions. EPA will submit a report containing this action 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 this action in the **Federal Register** . This update to Tennessee's SIP Compilation and correction of typographical errors 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. This action is simply an announcement of prior rulemakings that have previously undergone notice and comment rulemaking. Prior EPA rulemaking actions for each individual component of the Tennessee SIP compilation 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. 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 23, 2006. A. Stanley Meiburg, Acting Regional Administrator, Region 4. 40 CFR part 52, 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 RR—Tennessee 2. Section 52.2220 is amended by revising paragraph (b), and revising table 1 in paragraph
(c)to read as follows: § 52.2220 Identification of plan.
(b)*Incorporation by reference.*
(1)Material listed in paragraph
(c)of this section with an EPA approval date prior to January 1, 2006, for Tennessee (Table 1 of the Tennessee State Implementation Plan), January 1, 2003 for Memphis Shelby County (Table 2 of the Tennessee State Implementation Plan), March 1, 2005, for Knox County (Table 3 of the Tennessee State Implementation Plan), April 1, 2005 for Chattanooga (Table 4 of the Tennessee State Implementation Plan), April 1, 2005, for Nashville-Davidson County (Table 5 of the Tennessee State Implementation Plan) and paragraph
(d)with an EPA approval date prior to December 1, 1998, 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)of this section with EPA approval dates after January 1, 2006, for Tennessee (Table 1 of the Tennessee State Implementation Plan), January 1, 2003 for Memphis Shelby County (Table 2 of the Tennessee State Implementation Plan), March 1, 2005, for Knox County (Table 3 of the Tennessee State Implementation Plan), April 1, 2005 for Chattanooga (Table 4 of the Tennessee State Implementation Plan), April 1, 2005, for Nashville-Davidson County (Table 5 of the Tennessee State Implementation Plan) and paragraph
(d)with an EPA approval date after December 1, 1998, will be incorporated by reference in the next update to the SIP compilation.
(2)EPA Region 4 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 the dates referenced in paragraph (b)(1).
(3)Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, GA 30303; the EPA, Air and Radiation Docket and Information Center, Air Docket, 1301 Constitution Avenue, NW., Room B102, Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.*
(c)* * * Table 1.—EPA Approved Tennessee Regulations State citation Title/subject State effective date EPA approval date Explanation CHAPTER 1200-3-1 GENERAL PROVISIONS Section 1200-3-1-.01 General Rules 02/09/77 03/29/85, 50 FR 12540 Section 1200-3-1-.02 Severability 10/12/79 06/24/82, 47 FR 27267 CHAPTER 1200-3-2 DEFINITIONS Section 1200-3-2-.01 General Definitions 06/26/93 09/16/02, 67 FR 46594 Section 1200-3-2-.02 Abbreviations 02/09/77 03/29/85, 50 FR 12540 CHAPTER 1200-3-3 AIR QUALITY STANDARDS Section 1200-3-3-.01 Primary Air Quality Standards 02/09/77 03/29/85, 50 FR 12539 Section 1200-3-3-.02 Secondary Air Quality Standards 02/09/77 03/29/85, 50 FR 12539 Section 1200-3-3-.03 Tennessee's Ambient Air Quality Standards 12/05/84 03/29/85, 50 FR 12539 Section 1200-3-3-.04 Nondegradation 02/09/77 03/29/85, 50 FR 12540 Section 1200-3-3-.05 Achievement 08/02/83 04/07/93, 58 FR 18011 CHAPTER 1200-3-4 OPEN BURNING Section 1200-3-4-.01 Purpose 02/09/77 03/29/85, 50 FR 12540 Section 1200-3-4-.02 Open Burning Prohibited 03/21/79 06/24/82, 47 FR 27268 Section 1200-3-4-.03 Exceptions to Prohibition 02/09/77 03/29/85, 50 FR 12540 Section 1200-3-4-.04 Permits for Open Burning 06/21/79 06/24/82, 47 FR 27268 CHAPTER 1200-3-5 VISIBLE EMISSION REGULATIONS Section 1200-3-5-.01 General Standards 06/07/92 08/15/97, 62 FR 43643 Section 1200-3-5-.02 Exceptions 06/07/92 08/15/97, 62 FR 43643 Section 1200-3-5-.03 Method of Evaluating and Recording 06/07/92 08/15/97, 62 FR 43643 Section 1200-3-5-.04 Exemption 06/07/92 08/15/97, 62 FR 43643 Section 1200-3-5-.05 Standard for Certain Existing Sources 06/07/92 08/15/97, 62 FR 43643 Section 1200-3-5-.06 Wood-Fired Fuel Burning Equipment 06/07/92 08/15/97, 62 FR 43643 Section 1200-3-5-.07 Repealed 06/07/92 08/15/97, 62 FR 43643 Section 1200-3-5-.08 Titanium Dioxide (TiO <sup>2</sup> ) Manufacturing 06/07/92 08/15/97, 62 FR 43643 Section 1200-3-5-.09 Kraft Mill and Soda Mill Recovery 04/06/98 09/16/02, 67 FR 46594 Section 1200-3-5-.10 Choice of Visible Emission Standard for Certain Fuel Burning Equipment 06/07/92 08/15/97, 62 FR 43643 Section 1200-3-5-.11 Repealed 04/06/98 09/16/02, 62 FR 46594 Section 1200-3-5-.12 Coke Battery Underfire (combustion) Stacks 06/07/92 08/15/97, 62 FR 43643 CHAPTER 1200-3-6 NON-PROCESS EMISSION STANDARDS Section 1200-3-6-.01 General Non-Process Emissions 06/21/79 06/24/82, 47 FR 27267 Section 1200-3-6-.02 Non-Process Particulate Emission Standards 09/08/80 06/24/82, 47 FR 27267 Section 1200-3-6-.03 General Non-Process Gaseous Emissions 06/21/79 06/24/82, 47 FR 27267 Section 1200-3-6-.04 (Deleted) 06/21/79 06/24/82, 47 FR 27267 Section 1200-3-6-.05 Wood-Fired Fuel Burning Equipment 05/30/87 11/23/88, 53 FR 47530 CHAPTER 1200-3-7 PROCESS EMISSION STANDARDS Section 1200-3-7-.01 General Process Particulate Emission Standards 03/02/79 06/24/82, 47 FR 27267 Section 1200-3-7-.02 Choice of Particulate Emission Standards—Existing Process 04/12/78 06/07/79, 44 FR 32681 Section 1200-3-7-.03 New Processes 06/21/79 06/24/82, 47 FR 27267 Section 1200-3-7-.04 Limiting Allowable Emissions 03/21/79 06/07/79, 44 FR 32681 Section 1200-3-7-.05 Specific Process Emission Standards 06/07/74 06/07/79, 44 FR 32681 Section 1200-3-7-.06 Standards of Performance for New Stationary Sources 06/07/74 06/07/79, 44 FR 32681 Section 1200-3-7-.07 General Provisions and Applicability for Process Gaseous Emission Standards 01/22/82 06/12/96, 61 FR 29666 Section 1200-3-7-.08 Specific Process Emission Standards 09/22/80 01/31/96, 61 FR 3318 Section 1200-3-7-.09 Sulfuric Acid Mist 02/09/77 03/29/85, 50 FR 12540 Section 1200-3-7-.10 Grain Loading Limit for Certain Existing Sources 03/21/79 06/24/82, 47 FR 27267 Section 1200-3-7-.11 Carbon Monoxide, Electric Arc Furnaces 10/25/79 06/24/82, 47 FR 27267 Section 1200-3-7-.12 Carbon Monoxide, Catalytic Cracking Units 01/22/82 06/21/82, 47 FR 26621 CHAPTER 1200-3-8 FUGITIVE DUST Section 1200-3-8-.01 Fugitive Dust 07/11/80 06/24/82, 47 FR 27267 Section 1200-3-8-.02 Special Nonattainment Area Fugitive Dust Requirements 03/21/79 06/24/82, 47 FR 27267 CHAPTER 1200-3-9 CONSTRUCTION AND OPERATING PERMITS Section 1200-3-9-.01 Construction Permits 01/26/99 07/19/99, 64 FR 38580 Section 1200-3-9-.02 Operating Permits 09/21/94 02/13/97, 62 FR 6724 Section 1200-3-9-.03 General Provisions 02/09/77 03/29/85, 50 FR 12540 Section 1200-3-9-.04 Exemptions 08/28/95 08/29/02, 67 FR 55320 Section 1200-3-9-.05 Reserved Section 1200-3-9-.06 Appeal of Permit Application Denials and Permit Conditions 11/16/79 06/24/82 47 FR 27269 CHAPTER 1200-3-10 REQUIRED SAMPLING, RECORDING, AND REPORTING Section 1200-3-10-.01 Sampling Required to Establish Contaminant Emission Levels 12/14/81 03/19/96, 61 FR 11136 Section 1200-3-10-.02 Monitoring of Source Emissions, Recording, Reporting of the Same are Required 02/14/96 01/07/00, 65 FR 1070 Section 1200-3-10-.04 Sampling, Recording, and Reporting Required for Major Stationary Sources 09/12/94 01/19/00, 65 FR 2880 CHAPTER 1200-3-12 METHODS OF SAMPLING AND ANALYSIS Section 1200-3-12-.01 General 02/09/77 03/29/85, 50 FR 12540 Section 1200-3-12-.02 Procedures for Ambient Sampling and Analysis 01/18/80 06/24/82, 47 FR 27270 Section 1200-3-12-.03 Source Sampling and Analysis 08/01/84 03/29/85, 50 FR 12539 Section 1200-3-12-.04 Monitoring Required for Determining Compliance of Certain Large Sources 12/28/96 01/07/00, 65 FR 1070 CHAPTER 1200-3-13 VIOLATIONS Section 1200-3-13-.01 Violation Statement 06/07/74 06/07/79, 44 FR 32681 CHAPTER 1200-3-14 CONTROL OF SULFUR DIOXIDE EMISSIONS Section 1200-3-14-.01 General Provisions 08/01/84 04/07/93, 58 FR 18011 Section 1200-3-14-.02 Non-Process Emission Standards 08/01/84 04/07/93, 58 FR 18011 Section 1200-3-14-.03 Process Emission Standards 03/21/93 03/19/96, 61 FR 11136 CHAPTER 1200-3-15 EMERGENCY EPISODE REQUIREMENTS Section 1200-3-15-.01 Purpose 02/09/77 03/29/85, 50 FR 12540 Section 1200-3-15-.02 Episode Criteria 06/26/93 09/15/94, 59 FR 47256 Section 1200-3-15-.03 Required Emissions Reductions 05/15/81 06/24/82, 47 FR 27267 CHAPTER 1200-3-17 CONFLICT OF INTEREST Section 1200-3-17-.01 Purpose and Intent 09/18/96 10/28/02, 67 FR 55322 Section 1200-3-17-.02 Conflict of Interest on the Part of the Board and Technical Secretary 09/18/96 10/28/02, 67 FR 55322 Section 1200-3-17-.03 Conflict of Interest in the Permitting of Municipal Solid Waste Incineration Units 09/18/96 10/28/02, 67 FR 55322 CHAPTER 1200-3-18 VOLATILE ORGANIC COMPOUNDS Section 1200-3-18-.01 Definitions 01/12/98 06/03/03, 68 FR 33008 Section 1200-3-18-.02 General Provisions and Applicability 02/23/96 07/18/96, 61 FR 37387 Section 1200-3-18-.03 Compliance Certification, Recordkeeping, and Reporting Requirements for Coating and Printing Sources 02/08/96 07/18/96, 61 FR 37387 Section 1200-3-18-.04 Compliance Certification, Recordkeeping, and Reporting Requirements for Non-Coating and Non-Printing Sources 02/08/96 07/18/96, 61 FR 37387 Section 1200-3-18-.05 (Reserved) 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.06 Handling, Storage, Use, and Disposal of Volatile Organic Compounds
(VOC)06/04/96 08/27/96, 61 FR 43972 Section 1200-3-18-.07 Source-Specific Compliance Schedules 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.08 (Reserved) 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.09 (Reserved) 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.10 (Reserved) 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.11 Automobile and Light-Duty Truck Coating Operations 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.12 Can Coating 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.13 Coil Coating 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.14 Paper and Related Coating 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.15 Fabric Coating 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.16 Vinyl Coating 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.17 Coating of Metal Furniture 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.18 Coating of Large Appliances 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.19 Coating of Magnet Wire 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.20 Coating of Miscellaneous Metal Parts 01/26/99 11/03/99, 64 FR 59628 Section 1200-3-18-.21 Coating of Flat Wood Paneling 02/08/96 07/18/96, 61 FR 37387 Section 1200-3-18-.22 Bulk Gasoline Plants 12/29/04 08/26/05, 70 FR 50199 Section 1200-3-18-.23 Bulk Gasoline Terminals 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.24 Gasoline Dispensing Facility—Stage I and Stage II Vapor Recovery 12/29/04 08/26/05, 70 FR 50199 Section 1200-3-18-.25 Leaks from Gasoline Tank Trucks 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.26 Petroleum Refinery Sources 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.27 Leaks from Petroleum Refinery Equipment 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.28 Petroleum Liquid Storage in External Floating Roof Tanks 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.29 Petroleum Liquid Storage in Fixed Roof Tanks 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.30 Leaks from Natural Gas/Gasoline Processing Equipment 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.31 Solvent Metal Cleaning 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.32 Cutback and Emulsified Asphalt 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.33 Manufacture of Synthesized Pharmaceutical Products 02/21/95 07/18/96, 61 FR 37387 Section 1200-3-18-.34 Pneumatic Rubber Tire Manufacturing 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.35 Graphic Arts Systems 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.36 Petroleum Solvent Dry Cleaners 02/08/96 07/18/96, 61 FR 37387 Section 1200-3-18-.37 (Reserved) 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.38 Leaks from Synthetic Organic Chemical, Polymer, and Resin Manufacturing Equipment 02/08/96 07/18/96, 61 FR 37387 Section 1200-3-18-.39 Manufacture of High Density Polyethylene, Polypropylene, and Polystyrene Resins 05/08/97 07/29/97, 62 FR 40458 Section 1200-3-18-.40 Air Oxidation Processes in the Synthetic Organic Chemical Manufacturing Industry 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.41 (Reserved) 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.42 Wood Furniture Finishing and Cleaning Operations 04/25/96 07/18/96, 61 FR 37387 Section 1200-3-18-.43 Offset Lithographic Printing Operations 04/22/96 07/18/96, 61 FR 37387 Section 1200-3-18-.44 Surface Coating of Plastic Parts 06/03/96 08/27/96, 61 FR 43972 Section 1200-3-18-.45 Standards of Performance for Commercial Motor Vehicle and Mobile Equipment Refinishing Operations 06/03/96 08/27/96, 61 FR 43972 Section 1200-3-18-.48 Volatile Organic Liquid Storage Tanks 06/03/96 08/27/96, 61 FR 43972 Sections 1200-3-18-.49-.77 (Reserved) 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.78 Other Facilities That Emit Volatile Organic Compounds (VOC's) of Fifty Tons Per Year 02/08/96 07/18/96, 61 FR 37387 Section 1200-3-18-.79 Other Facilities That Emit Volatile Organic Compounds (VOC's) of One Hundred Tons Per Year 02/08/96 07/18/96, 61 FR 37387 Section 1200-3-18-.80 Test Methods and Compliance Procedures: General Provisions 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.81 Test Methods and Compliance Procedures: Determining the Volatile Organic Compound
(VOC)Content of Coatings and Inks 05/08/97 07/29/97, 62 FR 40458 Section 1200-3-18-.82 Test Methods and Compliance Procedures: Alternative Compliance Methods for Surface Coating 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.83 Test Methods and Compliance Procedures: Emission Capture and Destruction or Removal Efficiency and Monitoring Requirements 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.84 Test Methods and Compliance Procedures: Determining the Destruction or Removal Efficiency of a Control Device 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.85 Test Methods and Compliance Procedures: Leak Detection Methods for Volatile Organic Compounds (VOC's) 05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.86 Performance Specifications for Continuous Emission Monitoring of Total Hydrocarbons 06/03/96 04/14/97, 62 FR 18046 Section 1200-3-18-.87 Quality Control Procedures for Continuous Emission Monitoring Systems
(CEMS)05/18/93 02/27/95, 60 FR 10504 Section 1200-3-18-.88-.99 (Reserved) 05/18/93 02/27/95, 60 FR 10504 CHAPTER 1200-3-19 EMISSION STANDARDS AND MONITORING REQUIREMENTS FOR PARTICULATE AND SULFUR DIOXIDE NONATTAINMENT AREAS Section 1200-3-19-.01 Purpose 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.02 General Requirements 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.03 Particulate and Sulfur Dioxide Nonattainment Areas within Tennessee 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.04 (Reserved) 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.05 Operating Permits and Emission Limiting Conditions 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.06 Logs for Operating Hours 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.07-.10 (Reserved) 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.11 Particulate Matter Emission Regulations for the Bristol Nonattainment Area 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.12 Particulate Matter Emission Regulations for Air Contaminant Sources in or Significantly Impacting the Particulate Nonattainment Areas in Campbell County 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.13 Particulate Emission Regulations for the Bull Run Nonattainment Area and Odoms Bend Nonattainment Area 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.14 Sulfur Dioxide Emission Regulations for the New Johnsonville Nonattainment Area 04/16/97 09/13/99, 64 FR 49397 Section 1200-3-19-.15 Particulate Matter Monitoring Requirements for Steam Electric Generating Units in the Bull Run and Odoms Bend Nonattainment Areas 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.16-.18 (Reserved) 04/30/96 07/30/97, 62 FR 40734 Section 1200-3-19-.19 Sulfur Dioxide Regulations for the Copper Basin Nonattainment Area 11/30/96 09/13/99, 64 FR 49398 CHAPTER 1200-3-20 LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS Section 1200-3-20-.01 Purpose 02/13/79 02/06/80, 45 FR 8004 Section 1200-3-20-.02 Reasonable Measures Required 02/13/79 02/06/80, 45 FR 8004 Section 1200-3-20-.03 Notice Required When Malfunction Occurs 12/09/81 06/24/82, 47 FR 27272 Section 1200-3-20-.04 Logs and Reports 02/13/79 02/06/80, 45 FR 8004 Section 1200-3-20-.05 Copies of Log Required 02/13/79 02/06/80, 45 FR 8004 Section 1200-3-20-.06 Scheduled Maintenance 02/13/79 02/06/80, 45 FR 8004 Section 1200-3-20-.07 Report Required Upon The Issuance of Notice of Violation 02/13/79 02/06/80, 45 FR 8004 Section 1200-3-20-.08 Special Reports Required 02/13/79 02/06/80, 45 FR 8004 Section 1200-3-20-.09 Rights Reserved 02/13/79 02/06/80, 45 FR 8004 Section 1200-3-20-.10 Additional Sources Covered 11/23/79 06/24/82, 47 FR 27272 CHAPTER 1200-3-21 GENERAL ALTERNATE EMISSION STANDARD Section 1200-3-21-.01 General Alternate Emission Standard 01/22/82 06/24/82, 47 FR 27272 Section 1200-3-21-.02 Applicability 03/22/93 04/18/94, 59 FR 18310 CHAPTER 1200-3-22 LEAD EMISSION STANDARDS Section 1200-3-22-.01 Definitions 03/18/85 08/12/85, 50 FR 32412 Section 1200-3-22-.02 General Lead Emission Standards 12/05/84 08/12/85, 50 FR 32412 Section 1200-3-22-.03 Specific Emission Standards for Existing Sources of Lead 01/26/00 10/29/01, 66 FR 44632 Section 1200-3-22-.04 Standards for New and Modified Sources of Lead 12/05/84 08/12/85, 50 FR 32412 Section 1200-3-22-.05 Source Sampling and Analysis 12/05/84 08/12/85, 50 FR 32412 Section 1200-3-22-.06 Lead Ambient Monitoring Requirements 12/05/84 08/12/85, 50 FR 32412 CHAPTER 1200-3-23 VISIBILITY PROTECTION Section 1200-3-23-.01 Purpose 12/19/94 07/02/97, 62 FR 35681 Section 1200-3-23-.02 Definitions 12/19/94 07/02/97, 62 FR 35681 Section 1200-3-23-.03 General Visibility Protection Standards 12/19/94 07/02/97, 62 FR 35681 Section 1200-3-23-.04 Specific Emission Standards for Existing Stationary Facilities 12/19/94 07/02/97, 62 FR 35681 Section 1200-3-23-.05 Specific Emission Standards for Existing Sources 12/19/94 07/02/97, 62 FR 35681 Section 1200-3-23-.06 Visibility Standards for New and Modified Sources 12/19/94 07/02/97, 62 FR 35681 Section 1200-3-23-.07 Visibility Monitoring Requirements 12/19/94 07/02/97, 62 FR 35681 Section 1200-3-23-.08 Exemptions from BART Requirements 12/19/94 07/02/97, 62 FR 35681 CHAPTER 1200-3-24 GOOD ENGINEERING PRACTICE STACK HEIGHT REGULATIONS Section 1200-3-24-.01 General Provisions 08/18/86 10/19/88, 53 FR 40881 Section 1200-3-24-.02 Definitions 08/18/86 10/19/88, 53 FR 40881 Section 1200-3-24-.03 Good Engineering Practice Stack Height Regulations Standards 08/18/86 10/19/88, 53 FR 40881 Section 1200-3-24-.04 Specific Emission Standards 08/18/86 10/19/88, 53 FR 40881 CHAPTER 1200-3-27 NITROGEN OXIDES Section 1200-3-27-.01 Definitions 06/14/93 07/29/96, 61 FR 39326 Section 1200-3-27-.02 General Provisions and Applicability 11/23/96 10/28/02, 67 FR 55320 Section 1200-3-27-.03 Standards and Requirements 04/29/96 07/29/96, 61 FR 39326 Section 1200-3-27-.04 Standards for Cement Kilns 07/23/03 01/22/04, 69 FR 3015 Section 1200-3-27-.06 NO <sup>X</sup> Trading Budget for State Implementation Plans 07/23/03 01/22/04, 69 FR 3015 Section 1200-3-27-.09 Compliance Plans for NO <sup>X</sup> Emissions From Stationary Internal Combustion Engines 11/14/05 12/27/05, 70 FR 76401 CHAPTER 1200-3-29 LIGHT-DUTY MOTOR VEHICLE INSPECTION AND MAINTENANCE Section 1200-3-29-.01 Purpose 07/08/94 07/28/95, 60 FR 38694 Section 1200-3-29-.02 Definitions 12/29/94 08/26/05, 70 FR 50199 Section 1200-3-29-.03 Motor Vehicle Inspection Requirements 12/29/94 08/26/05, 70 FR 50199 Section 1200-3-29-.04 Exemption From Motor Vehicle Inspection Requirements 12/29/94 08/26/05, 70 FR 50199 Section 1200-3-29-.05 Motor Vehicle Emission Performance Test Criteria 12/29/94 08/26/05, 70 FR 50199 Section 1200-3-29-.06 Motor Vehicle Anti-Tampering Test Criteria 12/29/94 08/26/05, 70 FR 50199 Section 1200-3-29-.07 Motor Vehicle Emissions Performance Test Methods 12/29/94 08/26/05, 70 FR 50199 Section 1200-3-29-.08 Motor Vehicle Anti-Tampering Test Methods 12/29/94 08/26/05, 70 FR 50199 Section 1200-3-29-.09 Motor Vehicle Inspection Program 12/29/94 08/26/05, 70 FR 50199 Section 1200-3-29-.10 Motor Vehicle Inspection Fee 12/29/94 08/26/05, 70 FR 50199 Section 1200-3-29-.12 Area of Applicability 12/29/94 08/26/05, 70 FR 50199 CHAPTER 1200-3-34 CONFORMITY Section 1200-3-34-.01 Conformity of Transportation Plans, Programs, and Projects 03/21/02 05/16/03, 68 FR 25495 CHAPTER 1200-3-36 MOTOR VEHICLE TAMPERING Section 1200-3-36-.01 Purpose 12/29/04 08/26/05, 70 FR 50199 Section 1200-3-36-.02 Definitions 12/29/04 08/26/05, 70 FR 50199 Section 1200-3-36-.03 Motor Vehicle Tampering Prohibited 12/29/04 08/26/05, 70 FR 50199 Section 1200-3-36-.04 Recordkeeping Requirements 12/29/04 08/26/05, 70 FR 50199 Section 1200-3-36-.05 Exemptions 12/29/04 08/26/05, 70 FR 50199 [FR Doc. E6-11615 Filed 7-21-06; 8:45 am] BILLING CODE 6560-50-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 060314069-6069-01; I.D. 071806D] 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 Scallop Vessels AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS announces the closure of the Nantucket Lightship Scallop Access Area
(NLCA)to scallop vessels until June 15, 2007. This closure, effective 0001 hours on July 20, 2006, is based on a determination by the Northeast Regional Administrator
(RA)that scallop vessels may attain the yellowtail flounder
(YT)bycatch total allowable catch
(TAC)for the NLCA on July 20, 2006. This action is being taken to prevent the scallop fleet from exceeding the YT bycatch TAC allocated to the NLCA for the 2006 scallop fishing year in accordance with the regulations implementing the Atlantic Sea Scallop Fishery Management Plan (FMP), Northeast
(NE)Multispecies FMP and the Magnuson-Stevens Fishery Conservation and Management Act. DATES: The closure of the NLCA to all scallop vessels is effective 0001 hr local time, July 20, 2006, until June 15, 2007. FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Management Specialist,
(978)281-9326, fax
(978)281-9135. SUPPLEMENTARY INFORMATION: Commercial scallop vessels fishing in access areas are allocated 9.8-percent of the annual YT TACs established in the Northeast
(NE)Multispecies FMP. Given current fishing effort by scallop vessels in the NLCA, the RA has made a determination that the NLCA YT TAC is projected to be attained on July 20, 2006. Pursuant to 50 CFR 648.60(a)(5)(ii)(C) and 648.85(c)(3)(ii), this **Federal Register** action notifies scallop vessel owners that, effective 0001 hours on July 20, 2006, scallop vessels are prohibited from declaring or initiating a trip into the NLCA until June 15, 2007. If a vessel with a limited access scallop permit has an unused trip(s) into the NLCA, it will be allocated 4.9 additional open areas days-at-sea
(DAS)for each unused trip. If a vessel has an unused compensation trip(s), it is allocated additional open area DAS based on estimated catch rates for the NLCA. The conversion rate from access area DAS to open area DAS for the NLCA is 0.41 per open area DAS. An access area DAS is equal to 1,500 lbs. A separate letter will be sent to notify vessel owners of their allocations for unused complete and/or compensation trips in the NLCA. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. This action closes NLCA to scallop vessels until June 15, 2007. The regulations at 50 CFR 648.59(a)(5)(ii)(C) and 648.85(c)(3)(ii) require such action to ensure that scallop vessels do not take more YT than set aside for the scallop fishery. The NLCA opened for the 2006 fishing year on June 15, 2006. Data indicating the scallop fleet has taken, or is projected to take, all of the NLCA YT TAC has only recently become available. To allow 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 YT than allocated to the scallop fleet. Excessive YT harvest from the NLCA would result in excessive fishing effort on the Southern New England/Mid-Atlantic YT stock, where tight effort controls are critical for the rebuilding program. Should excessive fishing effort occur, future management measures may need to be more restrictive. Based on the above, under 5 U.S.C. 553(d)(3), proposed rule making 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 18, 2006. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 06-6428 Filed 7-19-06; 2:04 pm]
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- Definitions§ 601
- Rule making§ 553
- Commodity promotion and evaluation§ 7401
- Federal Aviation Administration§ 106
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- SHORT TITLE.§ 801
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13 references not yet in our index
- 7 CFR 923
- 7 USC 601-674
- 7 CFR 1250
- 7 CFR 1250.301
- 7 USC 2701-2718
- 14 CFR 71
- 33 CFR 117
- 40 CFR 52
- Pub. L. 104-4
- 1 CFR 51
- 50 CFR 648
- 50 CFR 648.60(a)(5)(ii)(C)
- 50 CFR 648.59(a)(5)(ii)(C)
Citation graph
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Cite7 CFR 923
Cite7 USC 601-674
Cite7 CFR 1250
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