Unknown. Interim Final Rule with request for comments
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/register/2006/07/27/06-6509A 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-2006-07-27.xml --- 71 144 Thursday, July 27, 2006 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Energy Policy and New Uses Office, Agriculture Department See Farm Service Agency See Forest Service NOTICES Meetings: National Agricultural Research, Extension, Education, and Economics Advisory Board, 42625 E6-12116 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 42643-42645 E6-12023 E6-12025 Meetings:
Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 42645 E6-12015 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation RULES Export programs: Farm and Ranch Lands Protection Program, 42567-42572 E6-11959 Defense Defense Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 42634-42635 E6-12042 06-6512 Reports and guidance documents; availability, etc.:
Electronic records management software applications; design criteria standard, 42635-42636 06-6513 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 42636 E6-12004 Meetings: Tribal Colleges and Universities, President's Board of Advisors, 42636-42637 E6-12013 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board Paducah Gaseous Diffusion Plant, KY, 42637 E6-12038 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42637-42639 E6-12039 Energy Energy Policy and New Uses Office, Agriculture Department RULES Biobased products; designation guidance for Federal procurement, 42572-42575 E6-12018 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:
Dry cleaning facilities; perchloroethylene emission standards, 42724-42746 06-6447 Superfund program: National oil and hazardous substances contingency plan priorities list, 42598-42602 E6-11809 PROPOSED RULES Air pollution; standards of performance for new stationary sources: Stationary spark ignition internal combustion engines and reciprocating internal combustion engines, 42622-42623 E6-12053 Superfund program: National oil and hazardous substances contingency plan priorities list, 42623-42624 E6-11811 NOTICES Pesticide, food, and feed additive petitions:
Bi-Oxide Technology, Inc.; correction, 42639-42640 E6-12052 Toxic and hazardous substances control: Citizens’ petitions— Sierra Club, 42640-42642 E6-12044 Farm Farm Service Agency PROPOSED RULES Special programs: Guaranteed farm loans; fees Correction, 42605 E6-11979 FAA Federal Aviation Administration RULES Airworthiness directives: Eurocopter Canada Ltd., 42576-42577 E6-11909 IFR altitudes, 42577-42579 06-6509 NOTICES Meetings: RTCA, Inc., 42712 06-6508 Federal Election Federal Election Commission NOTICES Meetings;
Sunshine Act, 42642 06-6565 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Generator interconnection agreements and procedures; standardization, 42587-42592 E6-11989 Section 203 transactions; expeditious approval procedures— Rehearing order, 42579-42587 E6-12047 Practice and procedure: Operations during emergency conditions; Continuity of Operations Plan activation, 42593-42596 E6-11990 Federal Highway Federal Highway Administration PROPOSED RULES Environmental protection:
Parks, recreation areas, wildlife and waterfowl refuges, and historic sites, 42611-42622 06-6496 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Union Pacific Railroad Co., 42712-42713 E6-11964 Meetings: Private highway-rail grade crossings safety, 42713-42716 06-6501 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 42642 E6-12011 Formations, acquisitions, and mergers, 42642 E6-12012 Federal Open Market Committee:
Domestic policy directives, 42642-42643 E6-12040 Federal Transit Federal Transit Administration PROPOSED RULES Environmental protection: Parks, recreation areas, wildlife and waterfowl refuges, and historic sites, 42611-42622 06-6496 Food Food and Drug Administration RULES Medical Devices: Immunology and microbiology devices— Fecal calprotectin immunological test systems; classification, 42596-42598 E6-11975 NOTICES Reports and guidance documents; availability, etc.: Fecal calprotectin immunological test systems;
Class II special controls, 42645-42646 E6-11974 Foreign Foreign Assets Control Office NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, and narcotics traffickers, and foreign terrorist organizations: Terrorism-related blocked persons; additional designations, 42720-42721 E6-11976 Forest Forest Service NOTICES Environmental statements; notice of intent: Apache-Sitegreaves, Coconino, Kaibab, Prescott, and Tonto National Forests, AZ, 42625-42626 06-6493 Meetings:
Resource Advisory Committees— Lake County, 42626 06-6505 Lincoln County, 42626 06-6499 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 42634-42635 E6-12042 06-6512 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:
American Health Information Community, 42643 06-6498 Homeland Homeland Security Department See U.S. Citizenship and Immigration Services PROPOSED RULES Immigration: United States Visitor and Immigrant Status Technology Program (US-VISIT)— Enrollment of additional aliens; US-VISIT requirements extended, 42605-42611 E6-11993 Privacy Act; implementation, 42603-42604 E6-11996 NOTICES Privacy Act; system of records, 42651-42652 E6-11995 Reports and guidance documents; availability, etc.:
National Response Plan Notice of Change, 42652-42653 E6-11998 United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) : Processing additional aliens; privacy impact assessment, 42653 E6-11994 Interior Interior Department See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Floor-standing, metal-top ironing tables and parts from— China, 42627-42628 E6-11970 Frozen warmwater shrimp from— Vietnam, 42628-42630 E6-11969 Hot-rolled carbon steel flat products from— Romania, 42630 E6-11972 Polyethylene retail carrier bags from— Thailand, 42630 E6-11971 Antidumping and countervailing duties:
Administrative review requests, 42626-42627 E6-11973 *Applications, hearings, determinations, etc.:* University of— Alabama et al., 42630-42633 E6-11968 International International Trade Commission NOTICES Import investigations: Lined paper school supplies from— China, India and Indonesia, 42673 E6-12051 Senior Executive Service Performance Review Board; membership, 42673 E6-11966 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Utah, 42658-42659 E6-12003 Environmental statements; notice of intent:
Red Cliff Coal Mine, Garfield and Mesa Counties, CO, 42659-42660 E6-12010 Meetings: Pinedale Anticline Working Group, 42660 E6-12014 Resource Advisory Councils— Eastern Washington, 42661 E6-12019 Southeast Oregon, 42660-42661 E6-12017 Oil and gas leases: Wyoming, 42661 06-6506 Public land orders: Utah, 42661-42663 E6-12005 E6-12007 Wisconsin, 42663 E6-12006 Realty actions; sales, leases, etc.: Arizona, 42663-42664 E6-12008 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42716-42717 E6-12033 Environmental statements; availability, etc.:
Suisun Bay Reserve Fleet, CA; non-retention vessels removal, 42717 E6-12032 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42673-42674 E6-12049 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 42634-42635 E6-12042 06-6512 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 42674-42675 E6-11977 NIH National Institutes of Health NOTICES Meetings:
National Institute of Diabetes and Digestive and Kidney Diseases, 42646 E6-12046 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings: International Commission for the Conservation of Atlantic Tunas, U.S. Section Advisory Committee, 42633-42634 E6-12050 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 42664-42666 E6-12021 06-6502 Meetings: Cedar Creek and Belle Grove National Historical Park Advisory Commission, 42666 E6-12020 Native American human remains, funerary objects; inventory, repatriation, etc.:
Horner Collection, Oregon State University, Corvallis, OR, 42666-42669 E6-12027 E6-12029 E6-12030 Institute for American Indian Studies, Washington, CT, 42669 E6-12000 National Park Service, Saguaro National Park, Tucson, AZ, 42669-42670 E6-12001 Pacific Lutheran University, Tacoma, WA, 42670-42671 E6-11999 Thomas Burke Memorial, Washington State Museum, University of Washington, Seattle, WA, 42671-42672 E6-11997 University of Nebraska State Museum, Lincoln, NE; correction, 42672-42673 E6-12009 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 42675-42676 06-6514 Meetings;
Sunshine Act, 42676 06-6534 Nuclear Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.: Low Level Radioactive Waste Program; strategic assessment; comment request, 42677 E6-12022 *Applications, hearings, determinations, etc.:* System Energy Resources, Inc., 42676-42677 06-6507 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: Pipeline safety— Technical Pipeline Safety Standards Advisory Committee, 42717-42718 E6-12034 SEC Securities and Exchange Commission NOTICES Meetings;
Sunshine Act, 42686-42687 06-6536 Securities: Suspension of trading— Solomon Alliance Group, Inc., 42687 06-6535 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 42687-42690 E6-11986 E6-11988 Chicago Board Options Exchange, Inc., 42690-42693 E6-11983 E6-11987 Chicago Stock Exchange, Inc., 42693-42694 E6-11980 National Association of Securities Dealers, Inc., 42694-42700 E6-11981 E6-11982 E6-11984 New York Stock Exchange LLC, 42700-42706 E6-11985 Philadelphia Stock Exchange, Inc., 42706 E6-12002 *Applications, hearings, determinations, etc.:* ING Life Insurance and Annuity Co., et al., 42677-42686 E6-11978 State State Department NOTICES Grants and cooperative agreements; availability, etc.:
Serbia Youth Leadership Program, 42706-42711 E6-12043 Reports and guidance documents; availability, etc.: International Lake Ontario-St. Lawrence River Study Board report, 42711-42712 E6-12054 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42646-42647 E6-12028 Reports and guidance documents; availability, etc.: Addiction Technology Transfer Center Program; comment request, 42647-42651 06-6500 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:
New York New Jersey Rail LLC et al., 42718-42719 E6-12041 Railroad services abandonment: CSX Transportation, Inc., 42719 E6-11800 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 42719-42720 E6-12045 MISSING FOR:
U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Temporary protected status program designations; terminations, extensions, etc.: Somalia, 42653-42658 06-6401 Separate Parts In This Issue Part II Environmental Protection Agency, 42724-42746 06-6447 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. 71 144 Thursday, July 27, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1491 RIN 0578-AA37 Farm and Ranch Lands Protection Program AGENCY:
Commodity Credit Corporation, Department of Agriculture (USDA). ACTION: Interim Final Rule with request for comments. SUMMARY: On behalf of the Commodity Credit Corporation (CCC), the Natural Resources Conservation Service (NRCS), hereafter referred to as the Agency, is amending the Interim Final Rule implementing the Farm and Ranch Lands Protection Program
(FRPP)at 7 CFR part 1491 to clarify certain program policies and legal requirements. Specifically, the Agency is addressing policy and legal requirements in eight areas: Fair market value definition; program eligibility as to forest lands; the nature of the real property rights the United States is acquiring and how it will exercise those rights; compliance with Department of Justice
(DOJ)Title Standards; exercising United States' rights; the implementation of Federal appraisal requirements required by the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970; impervious surface limitations on the easement area; and indemnification requirements. NRCS requests comments on this amendment. Cooperative agreements signed on or after the publication of this Interim Final Rule will be administered. This rule is being published as an Interim Final Rule, with request for comments under the authority of section 2702 of the Farm Security and Rural Investment Act of 2002, Pub. L. 107-17, which allows the promulgation of an Interim Final Rule effective upon publication. The Agency made a determination that publishing this Interim Final Rule is appropriate and necessary given the fact that this rule is making program changes to address and clarify existing Federal law and policy requirements. DATES: This rule is effective on July 27, 2006. Comments must be received by September 25, 2006. ADDRESSES: This Interim Final Rule can be accessed via the Internet at: *http://www.nrcs.usda.gov/programs/frpp.* Send comments by mail to the Easement Program Division, NRCS, 1400 Independence Avenue, SW., Room 6819-S, Washington, DC 20250-1400, or fax comments to
(202)720-9689. FOR FURTHER INFORMATION CONTACT: Robert Glennon, Farm and Ranch Lands Protection Program Manager, NRCS, 1400 Independence Avenue, SW., Room 6819-S, Washington, DC 20250-1400; telephone:
(202)720-9476; e-mail: *Robert.Glennon@wdc.usda.gov.* Persons with disabilities who require alternative means for communication (Braille, large print, audio tape, etc.) should contact the USDA Target Center at:
(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Background The Farm Security and Rural Investment Act of 2002, Pub. L. 107-171, repealed the Farmland Protection Program (FPP), established by the Federal Agriculture Improvement and Reform Act of 1996, and authorized a new FPP. NRCS named the new program FRPP to both distinguish it from the repealed program and to better describe the types of land the program seeks to protect. Under FRPP, the Secretary of Agriculture, acting through NRCS, is authorized, on behalf of the CCC and under its authorities, to purchase conservation easements or other interests in land for the purpose of protecting topsoil by limiting nonagricultural uses of the land. NRCS purchases conservation easements by partnering with eligible entities (partners) that have pending offers for the acquisition of conservation easements. NRCS memorializes this partnership relationship and obligates funding through the use of FRPP cooperative agreements. As explained in the preamble to the final FRPP rule, FRPP is a real property acquisition program, not a financial assistance or grants program. NRCS, on behalf of CCC, published final regulations for FRPP on May 16, 2003 (68 FR 26461), which are codified at 7 CFR part 1491. Since that time, several issues have arisen as to the implementation of FRPP. Some of these issues, such as the degree to which impervious surfaces are allowed on FRPP easements and how much forest land is eligible for enrollment into FRPP, were clarified through internal policy and set forth in the Agency program manual. However, because of the public's interest in these matters, the Agency has decided to amend the final FRPP rule to address these policies and request the public's comments. In addition, questions have arisen as to the nature of the property rights the United States is purchasing when it funds FRPP easements and whether the DOJ Title Standards and Federal appraisal requirements are applicable to FRPP acquisitions. The Agency is taking the opportunity presented by the publishing of this amendment to clarify these matters as well. Discussion of Changes Below NRCS discusses each of the amendments to 7 CFR part 1491 by subject area. Subpart A—General Provisions Definition of Fair Market Value NRCS is amending § 1491.3 to change the definition of fair market value to the value of the landowner's whole property before the easement, and the value of the landowner's whole property after the easement. The current definition compares the value of the whole property before the easement and the remainder property after the easement. The current definition does not consider the difference in value between the property being protected by the easement and the remainder of the land that is not protected when it is owned by the same individual who owns the protected land. Although the easement may lower the value of the land being protected by preventing development for certain uses, the easement may increase the value of adjacent land. The demand for land adjacent to protected land may increase resulting in an increase to the value of the adjacent land in response to the increased demand. Consequently, comparing the value of the whole property before and after the easement is recorded is the only way to assess its fair market value. Eligibility of Forest Lands NRCS amends § 1491.4 to expand the scope of forest land which is eligible for enrollment under FRPP as forest lands incidental to the farm operation. The FRPP authorizing legislation defines eligible land as “cropland, rangeland, grassland, pasture land, and forest land that is incidental part of the agricultural operation.” In June 2002, NRCS instituted a policy to ensure that FRPP would not compete with the Forest Legacy Program. The 2002 policy set out in the NRCS Conservation Programs Manual, Part 519 defined “incidental forest land” as any land less than 50 percent of the total easement area. This policy unintentionally created an impediment to enrolling land in the Eastern States where forested acreage is an integral and important supplemental part of the farming operation. In the East, streams occur throughout cropland, and wet, stony, and rocky soils are randomly interspersed with prime farmland. Forest land in the East is also typically interspersed with cropland because of its location adjacent to those streams, and the fact that it has not been cleared in order to maintain water quality. In addition, forests on wet, stony, or rocky soil have not been cleared because they were not practical to farm. In these areas of the Nation, the incidental forest land policy has resulted in landowners subdividing tracts or deforesting acres offered for the program or “carving out” portions of the property that will not meet the definition of incidental forest land. For these reasons, NRCS revisited this policy to provide NRCS State Conservationists the flexibility to enroll lands containing more than 50 percent forest land under certain circumstances. Specifically, NRCS is establishing a national limitation that not more than two-thirds of the easement acreage may be occupied by forested acreage, including sugarbush and pulpwood. NRCS' new policy permits NRCS to pay for forest land up to the same acreage amount as the nonforested, agricultural soils acreage, provided all other FRPP eligibility criteria are met and that such forest land is supplemental to the agricultural operation. NRCS has included in this Interim Final Rule a new subparagraph to paragraph 1491.4(d) incorporating this policy. Regarding management of forested acres, it is the Agency's practice to work with its FRPP partners to address the management of these forested acres. NRCS has also added a new definition in section 1491.3 for “forest land” in this Interim Final Rule. This definition will assist with the determination of the extent of acreage for which NRCS will contribute funding. Consistent with other NRCS conservation programs, “forest land” means a land cover/use category that is at least 10 percent stocked by single-stemmed woody species of any size that will be at least 4 meters (13 feet) tall at maturity. Also included in this definition is land that is bearing evidence of natural regeneration of tree cover (cutover forest or abandoned farmland) that is not currently developed for nonforest use. Ten percent stocked, when viewed from a vertical direction, equates to an aerial canopy cover of leaves and branches of 25 percent or greater. The minimum area for classification as forest land is 1 acre, and the area must be at least 100 feet wide. Exceptions may be made by the Chief for land primarily managed through a low-input system for food, fiber, or other agricultural products. Real Property Interest of the United States Over the past several years, questions have arisen regarding certain legal aspects of FRPP's administration. The Agency addresses these matters and, where applicable, amends the FRPP regulation. Historically, the United States has acquired a “contingent right” in FRPP-funded easements which allows the Secretary, at his or her discretion, to enforce or take title to the conservation easement should the Secretary determine that the partner is not enforcing the easement or is attempting to divest itself of the easement without prior approval of and payment of consideration to the Secretary. Under FRPP, the Secretary of Agriculture is authorized “to purchase conservation easements or other interests in eligible land that is subject to a pending offer from an eligible entity,” which means that the Secretary is to purchase a presently vested real property right. To avoid any confusion, NRCS is clarifying the nature of the rights acquired under FRPP so there can be no question that these rights are presently vested, insurable real property rights. The Agency is doing this by re-characterizing its “contingent right,” as well as requiring that the United States is identified as a grantee in FRPP funded deeds. Both changes are discussed below. This rulemaking amends the FRPP final regulation to change the terminology from “contingent right” to “rights.” The property rights provision required in FRPP easements will read substantially as follows: Under this Conservation Easement, the same rights have been granted to the United States that have been granted to the grantee/partner. However, the Secretary of the United States Department of Agriculture (the Secretary), on behalf of the United States, will only exercise these rights under the following circumstances: In the event that the grantee/partner fails to enforce any of the terms of this Conservation Easement, as determined in the sole discretion of the Secretary, the Secretary and his or her successors or assigns may exercise the United States' rights to enforce the terms of this Conservation Easement through any and all authorities available under Federal or State law. In the event that the grantee/partner attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests in this Conservation Easement without the prior consent of the Secretary and, if applicable, payment of consideration to the United States, then, at the option of the Secretary, all right, title, and interest in this Conservation Easement shall become vested solely in the United States of America. This “rights” provision is similar to the old “contingent right” clause. The Agency is making this change to clarify that the United States is a grantee under the terms of the deed consistent with both the statutory authority for FRPP and the DOJ Title Standards. In order to effectuate this change, this amendment changes the text at §§ 1491.4(a), 1491.22(d), and 1491.30(b) of the FRPP rule to insert the requirement that the rights of the United States as a grantee are to be included in all FRPP-funded easements. An additional reason for adding the United States as a grantee is to ensure that the United States appears in the chain of title. Grantee status facilitates enforcement of these Federal rights vis a vis subsequent landowners, and also has the beneficial effect of preventing condemnation of the easements by local authorities because State and local governments cannot condemn Federal property. These changes do not alter the fundamental relationship NRCS has had with its FRPP partners or their primary stewardship responsibilities for FRPP funded easements. The clarifications noted above are just that—clarifications so that there is no ambiguity as to the rights the United States is acquiring. The Department anticipates and intends that its relationship with its partners will remain the same as it was prior to the publication of this rule. The Department continues to see its role as a backstop to ensure the viability of FRPP easements with primary stewardship and management of the easements squarely in the hands of the partner. Finally, NRCS is considering the use of a conservation easement template addendum under the authority of paragraph 1491.4(f) that incorporates the co-grantee status of the United States and other FRPP policies regarding particular uses of the easement area, including the extent of the easement area that can have an impervious surface (see discussion below). NRCS believes the use of a template addendum may minimize the extent that NRCS will need to require modification to cooperating entities' standard deed provisions to conform to FRPP policies. NRCS solicits comments on this proposal. Title Review This section discusses Federal policy regarding title review for Federal acquisition of real property. No amendments to the rule are necessary to implement this requirement because it is simply a statement of existing Federal law and policy. Requirements at 40 U.S.C. 3111 state: Public money may not be expended to purchase land or any interest in land unless the Attorney General gives prior written approval of the sufficiency of title to the land for the purpose for which the Federal Government is acquiring the Property. This law codifies prudent business practices by fostering uniformity and requiring the adequacy of title acquired by the various departments and agencies of the Federal Government. DOJ promulgated the Title Standards to implement 40 U.S.C. 3111. The Attorney General has delegated the authority to approve title to the USDA. The Office of the General Counsel
(OGC)reviews title for legal sufficiency on behalf of the USDA. Under FRPP, the United States is acquiring an interest in land, and the Government must comply with 40 U.S.C. 3111. Consequently, the legal sufficiency of title of all FRPP funded easements must be reviewed and approved by OGC prior to conveyance. OGC title review is non-delegable. The process used to approve title for FRPP-funded acquisitions is generally the same as other real property acquisitions of the Department, such as the Wetlands Reserve Program or the Grassland Reserve Program. FRPP conservation easements are purchased by partners, and these partners also review title for sufficiency prior to the acquisition of a conservation easement. The Agency is sensitive to this fact, as well as the need for timely review, given closing deadlines. USDA will work closely with its partners to ensure that title review is completed in a timely manner. The partners can facilitate OGC's review by ensuring that any [clouds] on title have been removed or subordinated as necessary, and by promptly forwarding title documents to NRCS for review. The Department's experience thus far with the sufficiency of title review by its FRPP partners has varied. Some partners are thorough in their title review; other partners are not. A review by OGC will ensure that title acquired on all FRPP funded easements is legally sufficient. This benefits the United States, as well as its partners, because adequacy of title is critical in ensuring the viability of the conservation easement itself. Exercising the United States' Rights The FRPP partners have asked the Agency about the process it intends to follow when it exercises its rights under FRPP easements. To date, NRCS has not had to exercise its enforcement rights, nor has it had to take title to any FRPP-funded easements. However, the Agency believes that it is important to set forth a uniform, predictable process that will be utilized if and when the need arises to enforce or take sole title to an FRPP easement. Consequently, the Agency is amending the FRPP regulation at paragraph 1491.30(g) to set forth the general process the Agency will follow when exercising the United States' rights. Specifically, NRCS will notify the grantee/partner in writing, by certified mail at the last known address, prior to exercising its rights. NRCS also will specify in that notice the particular right that is being exercised and will state the specific event of noncompliance which caused the action. The grantee/partner will have up to 60 days to address the noncompliance. If NRCS determines that the noncompliance is not cured within the 60-day period, the NRCS right of enforcement will become final. In cases where imminent harm may occur to the conservation values being protected or to the easement deed itself, the Agency reserves the right to waive the period to cure. In these cases, NRCS will still send a written notification to the grantee/partner. The Agency is amending the definition § 1491.3 to define the term “imminent harm” to mean those easement violations or threatened violations that, in the opinion of the Agency, would likely cause immediate and significant degradation to the conservation values; for example, those violations which would adversely impact soil structure or result in the erosion of topsoil beyond acceptable levels as established by NRCS. The general circumstances under which NRCS may exercise the United States' rights under FRPP easements are contained within the rights language itself. In exercising its rights, the United States will be guided by its stewardship responsibilities and the protection of the conservation values that the easement seeks to protect. Appraisal In keeping with Federal and congressional efforts to improve the validity of conservation easement appraisals, the Agency is also addressing issues related to its appraisal policy in this rulemaking. As set forth at 7 CFR 1491.4, the value of the conservation easement must be appraised prior to FRPP fund disbursement. However, the FRPP final rule at 7 CFR 1491.4(e) erroneously states that such appraisals are to be conducted by a State-certified or licensed general appraiser. This rule amends that language to provide that NRCS requires that appraisals must be completed and signed by a State-certified general appraiser and must contain a disclosure statement by the appraiser. This change is made to clarify the requisite experience needed to appraise FRPP-funded easements. The Real Property Appraiser Qualification Criteria, published by The Appraisal Foundation, states that Certified General appraisers have the training and experience enabling them to complete a variety of complex property type appraisals. Conservation easement appraisals are complex because they involve using an income approach in calculating the value of the easement and the application of the Uniform Appraisal Standards for Federal Land Acquisitions in the valuation process. In addition, the size of the easements is larger than lots for residential housing. In contrast, licensed appraisers are defined as limited to appraising non-complex, one to four residential units having a transaction value less than $1,000,000, and complex one to four residential units having a transaction value of less than $250,000. It is in the public interest to require the use of Certified General appraisers in the valuation of FRPP easements because utilizing the services of licensed appraisers dramatically increases the risk of overpayment for acquisitions due to inaccurate appraisals. In addition, this rule amends the 7 CFR 1491.4(e) to provide that the appraisal must conform to both the Uniform Standards of Professional Appraisal Practices (USPAP) and the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA) and any Supplemental Standards issued by NRCS. Requiring the use of both USPAP and the UASFLA is simply stating the professional standards for Federal appraisals. USPAP and UASFLA contain different guidance that must be followed in concert to adequately appraise property. The foregoing change requiring that both the practices and standards are followed was made in order to: Ensure that easement prices are correctly determined by using established methodologies; foster consistent valuations across the Nation; and standardize the appraisal process so that supportable, defensible, and documented bases exist for the purchase of each conservation easement by USDA. In order for USDA to ensure that its financial contribution towards the purchase of the conservation easement is accurately determined, the Agency has amended paragraph
(e)of § 1491.4 to state that the NRCS shall require specific appraisal instructions and appraiser and technical appraiser reviewer qualifications to be followed in determining the value of the conservation easement to be purchased. Impervious Surface Limitations As set forth in FRPP's authorizing legislation, the purpose of FRPP is to purchase conservation easements in order to protect topsoil by limiting nonagricultural uses of the land. The Agency's experience in implementing FRPP has been that its partners allow for varying degrees of development on the land covered by their conservation easements. This is, in part, a result of differing conservation purposes between the Agency and its partners. For example, some partners have set their goal of preserving agricultural viability and, therefore, are willing to allow more development including outbuildings, residences, and utilities. In contrast, FRPP is an agricultural soils protection program where conversion of the soils conflicts with the clear purpose of the statute. The Agency, using public dollars to protect farm and ranch lands, has a fiduciary responsibility to ensure that the public receives the full benefits of the soil resource protection rights for which it is paying. The Agency has been largely successful in finding common ground with its partners even when the partner's main goal may be wildlife or open space protection. However, in order to ensure the purpose of FRPP is met and to facilitate uniform program implementation, NRCS has had to develop an impervious surface policy for FRPP easements. In developing the impervious limitation policy, NRCS analyzed information from internal reviews of conservation easements proposed by its partners, an external audit review, and numerous studies about the impacts of impervious surfaces on the Nation's waterways. NRCS further took into consideration the documented negative effects that impervious surfaces have on ground water recharge, water quality, and changes in hydrology that result in downstream flooding. In June 2003, NRCS issued the FRPP Manual (CPM Part 519) to FRPP State Managers based upon the above analysis. This guidance contained policy limiting the amount of impervious surface allowed within FRPP easements. The policy was as follows: Impervious surfaces, which includes residential buildings, agricultural buildings (with and without flooring), and paved areas, both within and outside the conservation easement's building envelope(s), shall not exceed two percent of the total easement acreage. For easements less than 50 acres, one acre of impervious surface area is permitted. Following issuance of the policy, several NRCS FRPP State managers and partners, particularly State Departments of Agriculture in the northeast, raised concerns about the impervious surface limitation. In response to these concerns, NRCS adjusted the 2-percent policy by allowing limited waivers to be granted by State Conservationists based upon objective criteria developed in consultation with the State Technical Committee. NRCS also developed a model template for the field to use when developing criteria to waive the 2-percent limit. In order to provide for flexibility at the State level, the model allows for a sliding scale for impervious surface limit of up to six percent if certain criteria are met. Farms are allowed up to six percent impervious surface coverage if they are located in a densely populated area, contain a large amount of open prime and important soil, and are less than 50 acres in size. The impervious surface limit applies to existing and new construction, but not NRCS-approved conservation practices. While this policy has been in place, NRCS' experience has been that these criteria have been successful in: limiting the geographic area where this waiver can occur, focusing on protecting farms that have a high ratio of protected open prime or important land versus covered lands; and ensuring that this waiver is instituted primarily for smaller, more intensive farms in specific geographic areas. NRCS is amending this final rule to include this impervious surface policy by adding a new provision at paragraph 1491.22(i) to read: Impervious surfaces shall not exceed two percent of the FRPP easement area. However, the NRCS State Conservationist may waive the two percent impervious surface limitation on a parcel-by-parcel basis, provided no more than six percent of the easement area is covered by impervious surfaces. To waive this limitation, the NRCS State Conservationist must examine, at a minimum, population density, the ratio of open prime and important soil versus impervious surfaces on the easement area, and parcel size. All FRPP easements must contain language limiting the amount of impervious surfaces within the easement area. For example, the typical easement in the northeast is 100 acres which, under this policy, would provide up to 6 acres of impervious surface. Likewise, in the west, a 1000 acre easement could have up to 60 acres of impervious surface. Without this impervious surface policy, which provides reasonable flexibility for infrastructure while still protecting the bulk of agricultural soils, the Agency would have no flexibility to allow for impervious surfaces. The Agency is particularly interested in receiving comments on this policy. Indemnification NRCS is amending paragraph 1491.30(e) to clarify the nature of the indemnification required in all FRPP funded easements. Given the fact that the United States is only holding title to a conservation easement, the United States is requiring, as is standard practice in the land trust community, an indemnification clause that addresses liability, whether arising from hazardous materials or otherwise, related to the property under easement. The indemnification clause ensures that the landowner continues to be responsible for liabilities arising from their property. To effectuate this clarification, paragraph 1491.30(e) is being amended to read as follows: The conservation easement must include an indemnification clause requiring landowners to indemnify and hold harmless the United States from any liability arising from or related to property enrolled in FRPP. The specific indemnification language required in FRPP easement will be set forth in the FRPP cooperative agreement. Regulatory Certifications Executive Order 12866 This Interim Final Rule has been reviewed under USDA procedures and Executive Order 12866 on Regulatory Planning and Review. The Office of Management and Budget
(OMB)has determined that this final rule is not a significant rulemaking action. Therefore, no benefit/cost assessment of potential impacts is necessary. Regulatory Flexibility Act Pursuant to 5 U.S.C. 605(c) of the Regulatory Flexibility Act, this Interim Final Rule will not have a significant economic impact on a substantial number of small entities as defined by that Act. Therefore, a regulatory flexibility analysis is not required for this final rule. This Interim Final Rule implements FRPP, which involves the voluntary acquisition of interests in property by NRCS in partnership with State, local, and tribal governments and nonprofit entities. Small Business Regulatory Enforcement Fairness Act of 1996 This Interim Final Rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This Interim Final Rule will not result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. based companies to compete in domestic and export markets. Environmental Analysis In May of 2003, an Environmental Assessment
(EA)was prepared to assist NRCS in determining whether the final rule for FRPP would have a significant impact on the quality of the human environment such that an Environmental Impact Statement
(EIS)should be prepared. Based on the results of the draft EA, NRCS issued a Finding of No Significant Impact (FONSI). That EA has been reviewed for adequacy and was found to still adequately reflect the environmental impacts of FRPP, as amended by this Interim Final Rule. Copies of the EA and FONSI may be obtained from Robert Glennon, FRPP, NRCS, Post Office Box 2890, Washington, DC 20013-2890. The FRPP EA and FONSI are also available at the following Internet address: *http://www.nrcs.usda.gov/programs/Env_Assess/FPP/FPP.html.* Paperwork Reduction Act Section 2702 of the Farm Security and Rural Investment Act of 2002 provides that the promulgation of this Interim Final Rule is carried out without regard to Chapter 35 of Title 44, United States Code (commonly known as the Paperwork Reduction Act). Executive Order 12988, Civil Justice Reform This Interim Final Rule has been reviewed in accordance with Executive Order 12988. NRCS has not identified any State or local laws or regulations that are in conflict with this regulation or that would impede full implementation of this rule. Nevertheless, in the event that such a conflict was to be identified, the Interim Final Rule would preempt the State or local laws or regulations found to be in conflict. The provisions of this Interim Final Rule are not retroactive. Before an action may be brought in a Federal court of competent jurisdiction, the administrative appeal rights afforded persons at 7 CFR part 614 must be exhausted. Executive Order 13132, Federalism This Interim Final Rule has been reviewed in accordance with the requirements of Executive Order 13132, Federalism. NRCS has determined that the rule conforms to the federalism principles set forth in the Executive Order; would not impose any compliance cost on the States; and would not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities on the various levels of government. Unfunded Mandates Reform Act of 1995 Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, NRCS has assessed the effects of this rulemaking action of State, local, and tribal governments, and the public. This action does not compel the expenditure of $100 million or more by any State, local, or tribal government, or anyone in the private sector; therefore, a statement under Section 202 of the Act is not required. List of Subjects in 7 CFR Part 1491 Administrative practice and procedure, Agriculture, Soil conservation. Text of Rule Amendments For the reasons stated in the preamble, Title 7, Chapter XIV of the Code of Federal Regulations is amended as follows: PART 1491—FARM AND RANCH LANDS PROTECTION PROGRAM 1. The authority for part 1491 continues to read as follows: Authority: 16 U.S.C. 3838h-3838i. 2. Section 1491.3 is amended by removing the definition of “contingent right” and revising the definition for the term “fair market value,” and adding the definitions for “forest land,” “Imminent harm,” and “United States” rights” to read as follows: § 1491.3 Definitions. *Fair market value* is ascertained through standard real property appraisal methods. Fair market value is the amount in cash, or in terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure of time on the open competitive market, from a willing and reasonably knowledgeable seller, to a willing and reasonably knowledgeable buyer with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal. Easement price will be determined by completing an appraisal for market value of the whole property (larger parcel) before the easement (before value) and an appraisal for market value of the whole property (larger parcel) after the easement (after value) is placed. The difference between the before value and the after value is deemed the value of the conservation easement. *Forest land* means a land cover/use category that is at least 10 percent stocked by single-stemmed woody species of any size that will be at least 4 meters (13 feet) tall at maturity. Also included is land bearing evidence of natural regeneration of tree cover (cut over forest or abandoned farmland) that is not currently developed for nonforest use. Ten percent stocked, when viewed from a vertical direction, equates to an aerial canopy cover of leaves and branches of 25 percent or greater. The minimum area for classification as forest land is 1 acre, and the area must be at least 100 feet wide. Exceptions may be made by the Chief for land primarily managed through a low-input system for food, fiber, or other agricultural products. *Imminent harm* means those easement violations or threatened violations that, in the opinion of the Agency, would likely cause immediate and significant degradation to the conservation values; for example, those violations which would adversely impact soil structure or result in the erosion of topsoil beyond acceptable levels as established by NRCS. *United States' rights* means rights in real property including the right to enforce the terms of the conservation easement deed and take sole title to the conservation easement deed. 3. Section 1491.4 is amended by revising paragraph (a), redesignating paragraphs (d)(4) and (d)(5) as (d)(5) and (d)(6), adding new paragraph (d)(4), and revising paragraph
(e)to read as follows: § 1491.4 Program Requirements.
(a)Under FRPP, the Secretary, on behalf of CCC, shall purchase conservation easements, in partnership with eligible entities, from landowners who voluntarily wish to protect their farm and ranch lands from conversion to nonagricultural uses. Eligible entities submit applications to NRCS State Offices to partner with NRCS to acquire conservation easements on farm and ranch land. NRCS enters into cooperative agreements with selected entities and provides funds for up to 50 percent of the appraised market value for the easement purchase. In return, the entity agrees to acquire, hold, manage, and enforce the easement. A United States' rights clause must also be included in each FRPP funded easement deed for the protection of the Federal investment, and the United States must be named as a grantee on each FRPP funded easement deed.
(d)* * *
(4)For a farm to be considered eligible, the forest land of a farm cannot exceed two-thirds of the easement area.
(e)Prior to FRPP fund disbursement, the value of the conservation easement must be appraised. Appraisals must be completed and signed by a State-certified general appraiser and must contain a disclosure statement by the appraiser. The appraisal must conform to the Uniform Standards of Professional Appraisal Practices and the Uniform Appraisal Standards for Federal Land Acquisitions. In addition, NRCS may require an eligible entity to obtain an appraisal using NRCS appraisal instructions in order to ensure the accuracy of the conservation easement appraisal upon which the NRCS contribution towards fair market value is based. 4. Section 1491.22 is amended by revising paragraph
(d)and adding a new paragraph
(i)to read as follows: § 1491.22 Conservation easement deeds.
(d)The conservation easement deed must identify the United States as a grantee with rights as set forth in the deed. Among the rights that the United States acquires in each conservation easement is the right to enforce the terms of the easement under specified conditions and the right to assume sole title to the conservation easement should the grantee abandon or attempt to terminate the conservation easement.
(i)Impervious surfaces shall not exceed 2 percent of the FRPP easement area, excluding NRCS-approved conservation practices. However, the NRCS State Conservationist may waive the 2 percent impervious surface limitation on a parcel-by-parcel basis, provided no more than six percent of the easement area is covered by impervious surfaces. The NRCS State Conservationist must consider, at a minimum, population density, the ratio of open prime and important soil versus impervious surfaces on the easement area, and parcel size when deciding whether to waive the two percent limitation. All FRPP easements must include language limiting the amount of impervious surfaces within the easement area. 5. Section 1491.30 is amended by adding a new paragraph
(g)and by revising paragraphs
(b)and
(e)to read as follows: § 1491.30 Violations and remedies.
(b)In the event that the grantee/partner fails to enforce any of the terms of the conservation easement, as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the Secretary and his or her successors or assigns may exercise the United States' rights to enforce the terms of the conservation easement through any and all authorities available under Federal or State law. In the event that the grantee/partner attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests in the conservation easement without the prior consent of the Secretary and, if applicable, payment of consideration to the United States, then, at the option of the Secretary, all right, title, and interest in the conservation easement shall become vested solely in the United States of America.
(e)The conservation easement deed must include an indemnification clause requiring the landowner (grantor) to indemnify and hold harmless the United States from any liability arising from or related to the property enrolled in FRPP.
(g)In the event NRCS determines it must exercise the United States' right to enforce the terms of or take title to the conservation easement, NRCS will provide written notice by certified mail to the grantee at the grantee's last known address. The notice will set forth the nature of the noncompliance by the grantee and a 60-day period to cure. If the grantee fails to cure within the 60-day period, the United States will take the action specified under the notice. The United States reserves the right to decline to provide a period to cure if NRCS determines that imminent harm may result to the conservation easement deed or the conservation values it seeks to protect. Signed in Washington, DC, on July 19, 2006. Bruce I. Knight, Vice President, Commodity Credit Corporation and Chief, Natural Resources Conservation Service. [FR Doc. E6-11959 Filed 7-26-06; 8:45 am] BILLING CODE 3410-16-P DEPARTMENT OF AGRICULTURE 7 CFR Part 2902 RIN 0503-AA26 Office of Energy Policy and New Uses; Designation of Biobased Items for Federal Procurement AGENCY: Office of Energy Policy and New Uses, USDA. ACTION: Interim final rule with comment period. SUMMARY: The U.S. Department of Agriculture
(USDA)is amending 7 CFR part 2902, Guidelines for Designating Biobased Products for Federal Procurement, to be consistent with the statutory changes to section 9002 of the Farm Security and Rural Investment Act (FSRIA) that were effected when the Energy Policy Act of 2005 was signed into law on August 8, 2005. In addition, USDA amends part 2902 in order to clarify that biobased products from certain designated countries must be treated by procuring agencies as eligible for the procurement preference under FSRIA. Finally, this rule amends part 2902 to clarify the USDA intent to exclude from the preferred procurement program biobased products that are merely incidental to Federal funding. The amendment is issued as an immediately effective interim rule, with opportunity for public comment. DATES: This rule is effective July 27, 2006. *Comment Date:* Submit comments on or before August 28, 2006. ADDRESSES: Please submit any comments, or a notice of intent to submit comments, identified by “Amendments to Guidelines” or Regulatory Information Number
(RIN)0503-AA26, by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. • Agency Web site: *http://www.biobased.oce.usda.gov.* Follow the instructions for submitting comments. • E-mail: *fb4p@oce.usda.gov.* Include RIN number 0503-AA26 and “Amendments to Guidelines” on the subject line. Please include your name and address in your message. • Mail/commercial/hand delivery: Mail or deliver your comments to: Marvin Duncan, USDA, Office of the Chief Economist, Office of Energy Policy and New Uses, Room 4059, South Building, 1400 Independence Avenue, SW., MS-3815, Washington, DC 20250-3815. • Persons with disabilities who require alternative means for communication for regulatory information (Braille, large print, audiotape, etc.) should contact the USDA TARGET Center at
(202)720-2600 (voice) and
(202)401-4133 (TDD). FOR FURTHER INFORMATION CONTACT: Marvin Duncan, USDA, Office of the Chief Economist, Office of Energy Policy and New Uses, Room 4059, South Building, 1400 Independence Avenue, SW., MS-3815, Washington, DC 20250-3815; e-mail: *mduncan@oce.usda.gov* ; phone
(202)401-0461. SUPPLEMENTARY INFORMATION: The information presented in this preamble is organized as follows: I. Authority II. Background III. Summary of Changes IV. Regulatory Information A. Executive Order 12866: Regulatory Planning and Review B. Executive Order 12630: Governmental Actions and Interference With Constitutionally Protected Property Rights C. Executive Order 12988: Civil Justice Reform D. Executive Order 13132: Federalism E. Unfunded Mandates Reform Act of 1995 F. Executive Order 12372: Intergovernmental Review of Federal Programs G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments I. Authority The Guidelines for Designating Biobased Products for Federal Procurement (the Guidelines) are established under the authority of section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102 (referred to in this document as “section 9002”), as amended by the Energy Policy Act of 2005 (Pub. L. 109-58). II. Background As originally enacted, section 9002 provides for the preferred procurement of biobased products by Federal agencies. USDA proposed guidelines for implementing this preferred procurement program on December 19, 2003 (68 FR 70730-70746). The Guidelines were promulgated on January 11, 2005 (70 FR 1792), and are contained in 7 CFR part 2902, “Guidelines for Designating Biobased Products for Federal Procurement.” The Guidelines identify various procedures Federal agencies are required to follow in implementing the requirements of section 9002. They were modeled in part on the “Comprehensive Procurement Guidelines for Products Containing Recovered Materials (40 CFR part 247), which the Environmental Protection Agency
(EPA)issued pursuant to the Resource Conservation Recovery Act (“RCRA”), 40 U.S.C. 6962. The RCRA guideline states that it does not apply to purchases of designated items that are merely incidental to Federal funding. A similar statement relating to the purchase of biobased products was inadvertently omitted from part 2902, although it is USDA 's intent to follow the same policy of removing incidental purchases from the scope of the biobased preferred procurement program. On August 8, 2005, the Energy Policy Act of 2005 was signed into law. Sections 205 and 943 of the Energy Policy Act revised section 9002 of FSRIA, as follows: Section 205 provides that, in addition to biobased products with the highest available biobased content, procuring agencies are to give procurement preference to products that comply with regulations issued under 42 U.S.C. 6914b-1, which addresses plastic ring beverage containers made of naturally degradable material. Section 943 of the Energy Policy Act of 2005 adds to the definitions section of FSRIA, 7 U.S.C. 8101, a definition of “procuring agency,” which includes both Federal agencies and “any person contracting with any Federal agency with respect to work performed under that contract.” In addition, section 943 of the Energy Policy Act of 2005 amends subsections within section 9002 of FSRIA by replacing the term “Federal agencies” with “procuring agencies.” These changes have the effect of making Federal contractors expressly subject to the procurement preference provisions of section 9002 of FSRIA. On March 16, 2006, USDA published a final rule (71 FR 13686) designating six items within which biobased products will be afforded the procurement preference, as required by section 9002 of FSRIA. In the final rule, USDA responded to a comment that questioned how USDA intends to implement the preference program consistent with the United States' international trade obligations. The response in the final rule stated that “biobased products from any designated country [as defined in Federal Acquisition Regulation section 25.003] would receive the same preference extended to U.S.-sourced biobased products. In order to clarify and make this policy applicable to all biobased designations, USDA plans to propose a broad-based revision to the USDA biobased procurement guidelines (7 CFR part 2902).” 71 FR 13690. The purpose of this interim final rule, therefore, is three-fold:
(1)To revise the Guidelines (i.e., 7 CFR part 2902) to make them consistent with the changes to section 9002 of FSRIA as the result of the Energy Policy Act of 2005,
(2)to ensure the Guidelines are consistent with existing policy concerning incidental purchases, and
(3)to clarify existing USDA policy regarding the equal treatment by procuring agencies of certain non-domestic biobased products. Because the interim final rule responds to a statutory amendment that became effective August 8, 2005, and because it codifies USDA policy as already stated in the first final rule designating biobased products, the interim final rule is effective immediately. III. Summary of Changes USDA is amending five sections of 7 CFR part 2902, as described below. A. 7 CFR 2902.1—Purpose As promulgated, the Guidelines applied to Federal agencies. In response to section 943(a)(2) of the Energy Policy Act, USDA is amending 7 CFR 2902.1(a) and
(b)to replace the term “Federal agencies” with “procuring agencies.” The effect of these changes is to broaden the purpose and scope of the procurement program to include “procuring agencies;” that is, to include contractors of Federal agencies as well as Federal agencies. B. 7 CFR 2902.2—Definitions USDA is amending the definitions section by adding the definition for “procuring agency,” as stated in section 943(a)(1)(B) of the Energy Policy Act. The definition of “procuring agency” covers both Federal agencies and “any person contracting with any Federal agency with respect to work performed under the contract.” C. 7 CFR 2902.3—Applicability to Federal Procurement In response to section 943(a)(2) of the Energy Policy Act, USDA is amending 7 CFR 2902.3(a) by replacing the first two occurrences of “Federal agencies” with “procuring agencies” in the first sentence of the paragraph. In the first instance, this change makes the guidelines applicable to “all procurement actions by procuring agencies involving items designated by USDA in this part,” not just to Federal agencies. In the second instance, the change broadens the applicability of the $10,000 threshold value to both Federal agencies and their contractors. Both of these changes are the result of revisions to section 9002 as contained in the Energy Policy Act. USDA is not changing the other occurrence of “Federal agencies” and “Federal agency” in the last sentence in 7 CFR 2902.3(a) because the sentence is applicable only at the Federal agency level; that is, the $10,000 threshold value applies to Federal agencies as a whole rather than to agency subgroups, such as regional offices of subagencies of a larger Federal department or agency. Similarly, purchases made by contractors under contract with a Federal agency would be included in the total value of products purchased by the Federal agency. In response to section 943(a)(2) of the Energy Policy Act, USDA is amending 7 CFR 2902.3(b) to apply to “procuring agencies” rather than to “Federal agencies.” This paragraph states that these guidelines do not apply for any procurement that is subject to section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation Recovery Act of 1976. The non-applicability of these guidelines applies equally to procurements made by Federal contractors and by Federal agencies. Therefore, USDA is changing the term “Federal agencies” to “procuring agencies.” In response to section 943(a)(2) of the Energy Policy Act, USDA is amending 7 CFR 2902.3(c) to apply to “procuring agencies” rather than to “Federal agencies.” This paragraph addresses the requirement to purchase products within designated items with the highest biobased contents unless such products are not reasonably priced, are not readily available, or do not meet specified or reasonable performance standards. This requirement and the exceptions to the purchase of biobased products are equally applicable to Federal contractors and to Federal agencies. Therefore, USDA is revising this paragraph to make it applicable to “procuring agencies.” In response to section 205 of the Energy Policy Act of 2005, USDA is amending 7 CFR 2902.3(c) to require procuring agencies to also give a preference to items that comply with regulations issued under 42 U.S.C. 6914b-1 (section 103 of Pub. L. 100-556). (Section 6914b-1 requires the Administrator of the U.S. Environmental Protection Agency to require, by regulation, that any plastic ring beverage container “intended for use in the United States shall be made of naturally degradable material which, when discarded, decomposes within a period established by such regulation.”) Finally, USDA is amending section 2902.3 to add paragraph (d), in order to ensure that the preferred procurement program will be implemented consistent with similar guidelines issued under RCRA by the EPA. Specifically, the new paragraph will clarify that the Guidelines do not apply to purchases of biobased items that are not the direct result of contracts with procuring agencies (i.e., incidental purchases). D. 7 CFR 2902.4—Procurement Programs In the final rule designating six items under the biobased preferred procurement program (71 FR 13686), USDA proposed a broad-based revision to the Guidelines that would clarify its policy of implementing the program consistent with the United States' international trade obligations. USDA now carries out that proposal by adding to section 2902.4 a new subparagraph (b)(3), which requires Federal agencies to give equal consideration under the preferred procurement program to biobased products from “designated countries.” As defined in the Federal Acquisition Regulation section 25.003, “designated countries” include, for example, countries that have entered into specific trade agreements with the United States or offer reciprocal equal treatment to U.S.-sourced goods. E. 7 CFR 2902.8—Determining Life Cycle Costs, Environmental And Health Benefits, And Performance In response to section 943(a)(2) of the Energy Policy Act, USDA is amending 7 CFR 2302.8(b) to refer to “procuring agencies” rather than to “Federal agencies.” The subject paragraph requires agencies to rely on results of performance tests using applicable ASTM, ISO, Federal or military specifications, or other similarly authoritative industry test standards when assessing the performance of qualifying biobased products. The reliance on these results is equally applicable to Federal contractors making procurement decisions under contracts to a Federal agency and to the procuring agents within a Federal agency. Therefore, USDA is changing the term “Federal agencies” to “procuring agencies” in 7 CFR 2302.8(b). IV. Regulatory Information A. Executive Order 12866: Regulatory Planning and Review This rule has been reviewed under Executive Order 12866. It has been determined that this interim final rule, which amends the Guidelines, is not a “significant regulatory action” under the terms of Executive Order 12866, because its purpose is only to implement the statutory amendments to FSRIA. Therefore, this interim final rule has not been reviewed by the Office of Management and Budget (OMB). B. Executive Order 12630: Governmental Actions and Interference With Constitutionally Protected Property Rights This interim final rule has been reviewed in accordance with Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and does not contain policies that would have implications for these rights. C. Executive Order 12988: Civil Justice Reform This interim final rule has been reviewed in accordance with Executive Order 12988, Civil Justice Reform. This rule does not preempt State or local laws, is not intended to have retroactive effect, and does not involve administrative appeals. D. Executive Order 13132: Federalism This interim final rule does not have sufficient federalism implications to warrant the preparation of a federalism assessment. Provisions of this rule will not have a substantial direct effect on States or their political subdivisions or on the distribution of power and responsibilities among the various government levels. E. Unfunded Mandates Reform Act of 1995 This interim final rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538, for State, local, and tribal governments, or the private sector. Therefore, a statement under section 202 of UMRA is not required. F. Executive Order 12372: Intergovernmental Review of Federal Programs For the reasons set forth in the Final Rule Related Notice for 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), this program is excluded from the scope of the Executive Order 12372, which requires intergovernmental consultation with State and local officials. This program does not directly affect State and local governments. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Today's interim final rule does not significantly or uniquely affect “one or more Indian tribes, * * * the relationship between the Federal Government and Indian tribes, or * * * the distribution of power and responsibilities between the Federal Government and Indian tribes.” Thus, no further action is required under Executive Order 13175. List of Subjects in 7 CFR Part 2902 Biobased products, Procurement. For the reasons set forth in the preamble, the Department amends 7 CFR part 2902 as follows: Department of Agriculture PART 2902—GUIDELINES FOR DESIGNATING BIOBASED PRODUCTS FOR FEDERAL PROCUREMENT 1. The authority citation for part 2902 continues to read as follows: Authority: 7 U.S.C. 8102. 2. Section 2902.1 is revised to read as follows: § 2902.1 Purpose and scope.
(a)*Purpose.* The purpose of the guidelines in this part is to assist procuring agencies in complying with the requirements of section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Public Law 107-171, 116 Stat. 476 (7 U.S.C. 8102), as they apply to the procurement of the items designated in subpart B of this part.
(b)*Scope.* The guidelines in this part designate items that are or can be produced with biobased products and whose procurement by procuring agencies will carry out the objectives of section 9002 of FSRIA. 3. Section 2902.2 is amended by adding, in alphabetical order, the definition of “procuring agency” to read as follows: § 2902.2 Definitions. “ *Procuring agency* ” means any Federal agency that is using Federal funds for procurement or any person contracting with any Federal agency with respect to work performed under the contract. 4. Section 2902.3 is revised to read as follows: § 2902.3 Applicability to Federal procurements
(a)*Applicability to procurement actions.* The guidelines in this part apply to all procurement actions by procuring agencies involving items designated by USDA in this part, where the procuring agency purchases $10,000 or more worth of one of these items during the course of a fiscal year, or where the quantity of such items or of functionally equivalent items purchased during the preceding fiscal year was $10,000 or more. The $10,000 threshold applies to Federal agencies as a whole rather than to agency subgroups such as regional offices or subagencies of a larger Federal department or agency.
(b)*Exception for procurements subject to EPA regulations under the Solid Waste Disposal Act.* For any procurement by any procuring agency that is subject to regulations of the Administrator of the Environmental Protection Agency under section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation Act of 1976 (40 CFR part 247), these guidelines do not apply to the extent that the requirements of this part are inconsistent with such regulations.
(c)*Procuring items composed of highest percentage of biobased products.* FSRIA section 9002(c)(1) requires procuring agencies to procure designated items composed of the highest percentage of biobased products practicable or such items that comply with the regulations issued under section 103 of Public Law 100-556 (42 U.S.C. 6914b-1), consistent with maintaining a satisfactory level of competition, considering these guidelines. Procuring agencies may decide not to procure such items if they are not reasonably priced or readily available or do not meet specified or reasonable performance standards.
(d)This guideline does not apply to purchases of designated items that are unrelated to or incidental to Federal funding; *i.e.* , not the direct result of a contract or agreement with persons supplying items to a procuring agency or providing support services that include the supply or use of items. 5. Section 2902.4 is amended by adding paragraph (b)(3) to read as follows: § 2902.4 Procurement programs.
(b)* * *
(3)In implementing the preference program, Federal agencies shall treat as eligible for the preference biobased products from “designated countries,” as that term is defined in section 25.003 of the Federal Acquisition Regulation, provided that those products otherwise meet all requirements for participation in the preference program. 6. Section 2902.8 is amended by revising paragraph
(b)to read as follows: § 2902.8 Determining life cycle costs, environmental and health benefits, and performance.
(b)*Performance test information.* In assessing performance of qualifying biobased products, USDA requires that procuring agencies rely on results of performance tests using applicable ASTM, ISO, Federal or military specifications, or other similarly authoritative industry test standards. Such testing must be conducted by an ASTM/ISO compliant laboratory. The procuring official will decide whether performance data must be brand-name specific in the case of products that are essentially of the same formulation. Dated: July 21, 2006. Joseph Glauber, Deputy Chief Economist, U.S. Department of Agriculture. [FR Doc. E6-12018 Filed 7-26-06; 8:45 am] BILLING CODE 3410-GL-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-24632; Directorate Identifier 2005-SW-31-AD; Amendment 39-14695; AD 2006-15-14] RIN 2120-AA64 Airworthiness Directives; Eurocopter Canada Limited Model BO 105 LS A-3 Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive
(AD)for Eurocopter Canada Limited (Eurocopter) Model BO 105 LS A-3 helicopters that requires replacing certain fixed bolts and nuts, re-identifying certain main rotor nuts, and revising the Airworthiness Limitations—Time Change Items
(TCI)list to reflect the new life limits and new part numbers. This amendment is prompted by a re-evaluation of certain fatigue-critical parts, which resulted in establishing new life limits for certain like-numbered parts and re-identifying a certain existing part with a different part number, or in some cases, replacing them with new parts. The actions specified by this AD are intended to prevent fatigue failure of the fixed bolts and nuts, and subsequent loss of control of the helicopter. DATES: Effective August 31, 2006. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of August 31, 2006. ADDRESSES: You may get the service information identified in this AD from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone
(972)641-3460, fax
(972)641-3527. Examining the Docket You may examine the docket that contains this AD, any comments, and other information on the Internet at *http://dms.dot.gov* , or at the Docket Management System (DMS), U.S. Department of Transportation, 400 Seventh Street, SW., Room PL-401, on the plaza level of the Nassif Building, Washington, DC. FOR FURTHER INFORMATION CONTACT: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort Worth, Texas 76193-0111, telephone
(817)222-5122, fax
(817)222-5961. SUPPLEMENTARY INFORMATION: A proposal to amend 14 CFR part 39 to include an AD for the specified model helicopters was published in the **Federal Register** on May 2, 2006 (71 FR 25787). That action proposed to require, within 30 days, incorporating revised life limits and part numbers into the list of life-limited parts, or TCI list, which is contained in the helicopter delivery file, and within 150 hours time-in-service (TIS), replacing 4 fixed bolts, part number (P/N) LN 9038 K08018, with fixed bolts, P/N 105-101021.17. It also proposed to require replacing 4 main rotor nuts, P/N 105-142241.01, within 30 days if they have less than 150 hours TIS remaining, or re-identifying those main rotor nuts within 150 hours TIS if they have 150 or more hours TIS remaining. Transport Canada, the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on Eurocopter Model BO 105 LS A-3 helicopters. Transport Canada advises that changes to the TCI list must be incorporated, and affected parts must be replaced and re-identified in accordance with the manufacturer's service information. Eurocopter has issued Alert Service Bulletin No. ASB BO 105 LS 10-11, dated May 11, 2005, which specifies changes to and introduction of life limits, and re-identification of certain life-limited parts. Transport Canada classified this alert service bulletin as mandatory and issued AD No. CF-2005-17, dated June 6, 2005, to ensure the continued airworthiness of these helicopters in Canada. This helicopter model is manufactured in Canada and is type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, Transport Canada has kept the FAA informed of the situation described above. The FAA has examined the findings of Transport Canada, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed. The FAA estimates that this AD will affect 7 helicopters of U.S. registry, and the required actions will take approximately: • 1 work hour per helicopter to remove and replace 4 fixed bolts; • 16 work hours per helicopter to remove, replace, and re-identify four nuts; and • 1 work hour per helicopter to create component history cards at an average labor rate of $65 per work hour. Required parts will cost approximately $3.80 for each fixed bolt, P/N 105-101021.17, and $882.67 for each nut, P/N 105-142241.01. Based on these figures, we estimate the total cost impact of the AD on U.S. operators to be $33,011, assuming all nuts and bolts on the entire fleet are replaced. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared an economic evaluation of the estimated costs to comply with this AD. See the DMS to examine the economic evaluation. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III, section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. Section 39.13 is amended by adding a new airworthiness directive to read as follows: **2006-15-14 Eurocopter Canada Limited:** Amendment 39-14695. Docket No. FAA-2006-24632; Directorate Identifier 2005-SW-31-AD. *Applicability:* Model BO 105 LS A-3 helicopters certificated in any category. *Compliance:* Required as indicated, unless accomplished previously. To prevent fatigue failure of a fixed bolt and main rotor nut, and subsequent loss of control of the helicopter, accomplish the following:
(a)Within 30 days:
(1)Modify the Airworthiness Limitation section, Time Change Items
(TCI)list, or table of life-limited components, with their revised life limits by adding part number (P/N) 105-142241.01 and by changing P/N LN 9038 K08018 to P/N 105-101021.17, as shown in the following table. Part name P/N Life limit Fixed Bolt
(Bolt)105-101021.17 (Formerly P/N LN 9038-K08018) 6,000 hours time-in-service (TIS). Main Rotor Nut
(Nut)105-142241.01 122,850 flights or 18,900 hours TIS, whichever occurs first. The number of flights equals the number of landings (i.e., ground contacts).
(2)Create a historical or equivalent record for each of the parts listed in the preceding table.
(3)Review the aircraft records and determine the TIS and landings on each nut, P/N 105-142241.01. If the number of flights ( *i.e.* , landings) is unknown, the initial life limit is 18,900 hours TIS. Thereafter, record the number of flights for use when determining the retirement life.
(b)Before further flight, replace any nut that has less than 150 hours TIS remaining before reaching its life limit. Unless accomplished previously, prior to replacing a nut, re-identify the nut in accordance with paragraph (c)(2) of this AD.
(c)Within 150 hours TIS:
(1)Replace the 4 bolts, P/N LN 9038 K08018, with bolts, P/N 105-101021.17, as shown in Figure 1 of Eurocopter Alert Service Bulletin No. ASB BO 105 LS 10-11, dated May 11, 2005 (ASB).
(2)For those nuts with 150 or more hours TIS remaining on their life, remove and re-identify those nuts, P/N 105-142241.01, by adding the serial number of the main rotor head, followed by a dash and a consecutive number, in accordance with the procedures stated in Figure 2 of the ASB.
(d)Before further flight, remove any life-limited part on which the life limit has been equaled or exceeded.
(e)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Regulations and Policy Group, Rotorcraft Directorate, FAA, ATTN: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Guidance Group, Fort Worth, Texas 76193-0111, telephone
(817)222-5122, fax
(817)222-5961, for information about previously approved alternative methods of compliance.
(f)The replacements shall be done in accordance with the specified portion of Eurocopter Alert Service Bulletin No. ASB BO 105 LS 10-11, dated May 11, 2005. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone
(972)641-3460, fax
(972)641-3527. Copies may be inspected 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* .
(g)This amendment becomes effective on August 31, 2006. Note: The subject of this AD is addressed in Transport Canada (Canada) AD No. CF-2005-17, dated June 6, 2005. Issued in Fort Worth, Texas, on July 18, 2006. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. E6-11909 Filed 7-26-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 95 [Docket No. 30496; Amdt. No. 462] IFR Altitudes; Miscellaneous Amendments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas. DATES: *Effective Date:* 0901 UTC, August 3, 2006. FOR FURTHER INFORMATION CONTACT: Donald P. Pate, Flight Procedure Standards Branch (AMCAFS-420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) telephone:
(405)954-4164. SUPPLEMENTARY INFORMATION: This amendment to part 95 of the Federal Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR altitudes governing the operation of all aircraft in flight over a specified route or any portion of that route, as well as the changeover points
(COPs)for Federal airways, jet routes, or direct routes as prescribed in part 95. The Rule The specified IFR altitudes, when used in conjunction with the prescribed changeover points for those routes, ensure navigation aid coverage that is adequate for safe flight operations and free of frequency interference. The reasons and circumstances that create the need for this amendment involve matters of flight safety and operational efficiency in the National Airspace System, are related to published aeronautical charts that are essential to the user, and provide for the safe and efficient use of the navigable airspace. In addition, those various reasons or circumstances require making this amendment effective before the next scheduled charting and publication date of the flight information to assure its timely availability to the user. The effective date of this amendment reflects those considerations. In view of the close and immediate relationship between these regulatory changes and safety in air commerce, I find that notice and public procedure before adopting this amendment are impracticable and contrary to the public interest and that good cause exists for making the amendment effective in less than 30 days. Conclusion 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 operational current. It, therefore—(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. For the same reason, the FAA certifies that this amendment 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 95 Airspace, Navigation (air). Issued in Washington, DC on July 21, 2006. James J. Ballough, Director, Flight Standards Service. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, part 95 of the Federal Aviation Regulations (14 CFR part 95) is amended as follows effective on 0901 UTC, February 16, 2006. 1. The authority citation for part 95 continues to read as follows: Authority: 49 US.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44719, 44721. 2. Part 95 is amended to read as follows: Revisions to IFR Altitudes and Changeover Points [Amendment 462, effective date August 03, 2006] From To MEA MAA § 95.4000 High Altitude RNAV Routes § 95.4243 RNAV Route T243 Is Added to Read Pungo, NC FIX Zolmn, NC FIX *4000 17000 *1500-MOCA From To MEA § 95.6001 Victor Routes-U.S. § 95.6023 VOR Federal Airway V23 Is Amended to Read in Part Mourn, OR FIX *Curti, OR FIX **8000 *7000-MRA **6500-MOCA *Curti, OR FIX Eugene, OR VORTAC SE BND **6000 NW BND **4000 *7000-MRA **4000-MOCA § 95.6448 VOR Federal Airway V448 Is Amended to Read in Part Roseburg, OR VOR/DME *Drain, OR FIX 5000 *6000-MRA *Drain, OR FIX Eugene, OR VORTAC N BND **4000 S BND **5000 *6000-MRA **3900-MOCA § 95.6623 VOR Federal Airway V623 Is Added to Read Sparta, NJ VORTAC Carmel, NY VOR/DME 3000 [FR Doc. 06-6509 Filed 7-26-06; 8:45 am]
Connectionstraces to 14
Traces to 14 documents
U.S. Code
- Approval of sufficiency of title prior to acquisition§ 3111
- Avoidance of duplicative or unnecessary analyses§ 605
- Biobased markets program§ 8102
- Regulation of plastic ring carriers§ 6914b–1
- Definitions§ 8101
- Federal Aviation Administration§ 106
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
register
28 references not yet in our index
- 7 CFR 1491
- Pub. L. 107-17
- Pub. L. 107-171
- 7 CFR 1491.4
- 7 CFR 1491.4(e)
- 7 CFR 614
- 2 USC 1531-1538
- 16 USC 3838h-3838i
- 7 CFR 2902
- Pub. L. 109-58
- 40 CFR 247
- 40 USC 6962
- 7 CFR 2902.1
- 7 CFR 2902.1(a)
- 7 CFR 2902.2
- 7 CFR 2902.3
- 7 CFR 2902.3(a)
- 7 CFR 2902.3(b)
- 7 CFR 2902.3(c)
- Pub. L. 100-556
- 7 CFR 2902.4
- 7 CFR 2902.8
- 7 CFR 2302.8(b)
- 7 CFR 3015
- 116 Stat. 476
- 14 CFR 39
- 1 CFR 51
- 14 CFR 95
Citation graph
cites case law
Unknown
Interim Final Rule with request for comments
Cite7 CFR 1491
Pub. L.Pub. L. 107-17
Pub. L.Pub. L. 107-171
Cites 42 · showing 12Cited by 0 across 0 sources