Unknown. Final rule

6,548 words·~30 min read·/register/2006/08/11/06-6858

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2006-08-11.xml --- 71 155 Friday, August 11, 2006 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Food and Nutrition Service See Forest Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Explosives: Commerce in explosives— Hobby rocket motors, 46079-46101 06-6862 PROPOSED RULES Explosives: Commerce in explosives— Propellant actuated device; definition, 46174-46177 E6-13201 Army Army Department PROPOSED RULES Claims and accounts:

Claims against United States, 46260-46303 06-6789 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46230-46231 06-6841 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 46189 06-6891 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Manchester Bay and Harbor, MA, 46101-46103 E6-13200 PROPOSED RULES Anchorage regulations: Maine, 46181-46183 E6-13199 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 46186-46189 E6-13162 E6-13163 Commodity Commodity Credit Corporation NOTICES Loan and purchase programs:

Marketing Assistance Loan Program— 2006 peanut crop; warehouse storage and handling rates, 46184 E6-13206 Customs Customs and Border Protection Bureau PROPOSED RULES Intelligence Reform and Terrorism Prevention Act of 2004; implementation: Travel within Western Hemisphere; documents required for persons arriving at United States air and sea ports-of-entry, 46155-46174 06-6854 Defense Defense Department See Army Department See Defense Logistics Agency See Navy Department Defense Defense Logistics Agency PROPOSED RULES Privacy Act; implementation, 46180-46181 06-6848 NOTICES Privacy Act; systems of records, 46201-46203 06-6847 Drug Drug Enforcement Administration PROPOSED RULES Records and reports of listed chemicals and certain machines:

Iodine crystals and chemical mixtures containing over 2.2 percent iodine, 46144-46155 E6-12353 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 46203-46204 06-6850 Administrative Law Judges Office hearings: Claim compromises— Michigan State Department of Corrections, 46204-46205 06-6887 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Personnel Development to Improve Services and Results for Children with Disabilities Program, 46205-46215 E6-13194 E6-13213 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:

AGX Corp., 46243 E6-13185 Collins & Aikman, 46243 E6-13183 Continental Tire North America, 46243 E6-13182 Gehl Co., 46243-46244 E6-13186 Kent Sporting Goods, 46244 E6-13187 Madison Industries Inc., 46244 E6-13179 Somitex Prints of California, Inc., 46244 E6-13180 Unifi, Inc., 46244 E6-13184 Welch Allyn, Inc., 46244 E6-13178 Woodmaster, Inc., 46244-46245 E6-13177 Energy Energy Department See Federal Energy Regulatory Commission RULES Advanced nuclear power facilities; licensing or litigation delays; standby support, 46306-46333 06-6818 EPA Environmental Protection Agency RULES Air quality planning purposes; designation of areas:

Tennessee, 46105-46106 E6-13161 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Bifenthrin, 46117-46123 E6-13058 Copper sulfate pentahydrate, 46106-46110 E6-13082 Imidacloprid, 46110-46117 E6-13092 Sanitizers with no food-contact uses; tolerance exemptions revocation, 46123-46125 E6-13173 NOTICES Environmental statements; availability, etc.: Agency comment availability, 46219-46220 E6-13160 Agency weekly receipts, 46220 E6-13207 Integrated Risk Information System:

Dichlorobenzenes; toxicological review, 46220-46222 E6-13205 Meetings: Mobile Sources Technical Review Subcommittee, 46222 E6-13156 Science Advisory Board, 46222-46223 E6-13158 Pesticide, food, and feed additive petitions: Arysta LifeScience North America Corp., 46223-46224 E6-13172 Pesticides; emergency exemptions, etc.: Pyridalyl, 46224-46226 E6-13036 Reports and guidance documents; availability, etc.: Pesticides— Terrestrial field dissipation studies; NAFTA harmonized guidance, 46226-46227 E6-13042 Water pollution control:

Total maximum daily loads— Oklahoma, 46227-46228 E6-13181 Equal Equal Employment Opportunity Commission PROPOSED RULES Age Discrimination in Employment Act: Coverage; Supreme Court interpretation, 46177-46180 E6-13138 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Class D airspace, 46076 E6-13196 Class E airspace, 46076-46078 E6-13204 06-6858 PROPOSED RULES Airworthiness directives: Glasflugel, 46128-46130 E6-13134 Class D airspace, 46130-46131 06-6861 Class E airspace, 46131-46134 E6-13169 E6-13170 E6-13202 NOTICES Agency information collection activities; proposals, submissions, and approvals, 46252-46253 06-6859 06-6860 Exemption petitions; summary and disposition, 46253-46254 06-6865 Passenger facility charges; applications, etc.:

Burbank-Glendale-Pasadena Airport Authority, CA, et al., 46254-46256 06-6863 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 46228-46230 E6-13150 E6-13151 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Long-term transmission rights; public utilities operated by regional transmission organizations and independent system operators Correction, 46078 E6-13155 NOTICES Environmental statements; availability, etc.:

Rocky Reach Hydroelectric Project; WA, 46218 E6-13141 Off-the-record communications, 46219 E6-13145 *Applications, hearings, determinations, etc.:* Dauphin Island Gathering Partners, 46215 E6-13146 El Paso Natural Gas Co., 46215-46216 E6-13147 Kinder Morgan Interstate Gas Transmission LLC, 46216 E6-13144 Michigan South Central Power Agency, 46216-46217 E6-13140 Public Service Co. of Oklahoma, et al., 46217 E6-13143 Southwest Gas Transmission Co., LP, 46217 E6-13142 Texas Eastern Transmission, LP, et al., 46217-46218 E6-13139 Federal Register Federal Register, Administrative Committee See Federal Register Office Federal Register Federal Register Office RULES Page number corrections for August 1, 2006 Federal Register Correction, 46258 C6-99998 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 46230 E6-13137 Permissible nonbanking activities, 46230 E6-13136 Fish Fish and Wildlife Service PROPOSED RULES Hunting and fishing: Refuge-specific regulations Correction, 46258 C6-6318 NOTICES Endangered and threatened species permit applications, determinations, etc., 46239-46240 E6-13132 Food Food and Drug Administration NOTICES Meetings: FDA clinical trials statutory and regulatory requirements; public workshop, 46231-46232 E6-13114 Food and Drug Administration-regulated products containing nanotechnology materials, 46232-46233 06-6867 Reports and guidance documents; availability, etc.:

Unique device identification; comment request, 46233-46236 06-6870 Food Food and Nutrition Service RULES Child nutrition programs: State administrative expense funds, 46074-46076 E6-13154 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 46184-46185 E6-13192 Environmental statements; notice of intent: Caribou-Targhee National Forest, ID, 46185-46186 06-6845 Meetings: Roadless Area Conservation National Advisory Committee, 46186 E6-13120 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46236 E6-13217 Meetings:

Graduate Medical Education Council, 46236-46237 E6-13214 Organization, functions, and authority delegations: Office of the Administrator and HIV/AIDS Bureau, 46237-46238 E6-13216 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 46239 06-6770 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting:

Data Physics Corp. et al.; correction, 46189 06-6853 Interior Interior Department See Fish and Wildlife Service See National Indian Gaming Commission See Surface Mining Reclamation and Enforcement Office NOTICES Committees; establishment, renewal, termination, etc.: Steens Mountain Advisory Council, 46239 06-6866 International International Trade Administration NOTICES Antidumping: Polychroloprene rubber from— Japan, 46189-46191 E6-13168 Uranium from— Russian Federation, 46191-46192 E6-13195 Countervailing duties:

Dynamic random access memory semiconductors from— Korea, 46192-46199 E6-13167 International International Trade Commission NOTICES Import investigations: Polyester staple fiber from— China, 46241-46242 E6-13218 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 46242 E6-13176 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46242-46243 E6-13188 National Archives National Archives and Records Administration See Federal Register Office National Indian National Indian Gaming Commission PROPOSED RULES Indian Gaming Regulatory Act:

Electronic, computer, or other technologic aids used with play of Class II games; technical standards, 46336-46361 06-6787 National Institute National Institute of Standards and Technology NOTICES Committees; establishment, renewal, termination, etc.: Advanced Technology Visiting Committee, 46199-46200 E6-13157 Manufacturing Extension Partnership National Advisory Board, 46200-46201 E6-13159 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Rock sole, flathead sole, and other flatfish, 46126 06-6868 Yellowfin sole, 46126-46127 06-6869 PROPOSED RULES Fishery conservation and management: Magnuson-Stevens Act provisions— Bering Sea and Aleutian Islands Catcher Processor Capacity Reduction Program, 46364-46381 06-6844 Ocean and coastal resource management: Channel Islands National Marine Sanctuary, CA; marine zones, 46134-46144 06-6812 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 46203 E6-13128 Meetings:

Naval Academy, Board of Visitors, 46203 E6-13127 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 46248-46250 E6-13123 E6-13129 E6-13130 *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 46245 E6-13124 Florida Power & Light Co., 46245-46246 E6-13125 E6-13126 FPL Energy Duane Arnold, LLC, 46246-46247 E6-13121 FPL Energy Seabrook, LLC, 46247-46248 E6-13131 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Employee responsibilities and conduct, 46073-46074 E6-13149 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46256 E6-13203 SEC Securities and Exchange Commission NOTICES Securities:

Suspension of trading— Corpas Investments, Inc., et al., 46251 06-6889 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46251 E6-13174 E6-13175 Meetings: Regional Fairness Boards— Region X; hearing, 46251-46252 E6-13215 State State Department PROPOSED RULES Intelligence Reform and Terrorism Prevention Act of 2004; implementation: Travel within Western Hemisphere; documents required for persons arriving at United States air and sea ports-of-entry, 46155-46174 06-6854 NOTICES Grants and cooperative agreements; availability, etc.:

U.S.-Egypt collaborative projects in science and technology, 46252 E6-13198 U.S.-Egypt junior scientists development visits, 46252 E6-13197 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 46238-46239 E6-13133 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 46240-46241 06-6855 Trade Trade Representative, Office of United States NOTICES U.S.-Singapore Free Trade Agreement:

Tariff reduction acceleration and rule of origin modification; probable effects, 46250-46251 E6-13117 Transportation Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department PROPOSED RULES Trade Act (2002); implementation: Express consignment carrier facilities; customes processing fees [ **Editorial Note** : This document appearing at 71 FR 42778 in the **Federal Register** of July 28, 2006, was inadvertently dropped from that issue's Table of Contents.] NOTICES Agency information collection activities; proposals, submissions, and approvals, 46256 E6-13152 Utah Utah Reclamation Mitigation and Conservation Commission NOTICES Environmental statements; availability, etc.:

Willow Creek Drainage, Grand and Uintah Counties, UT, 46256-46257 E6-13122 Veterans Veterans Affairs Department RULES Grants to States for construction or acquisition of State homes, 46103-46105 E6-13153 Separate Parts In This Issue Part II Defense Department, Army Department, 46260-46303 06-6789 Part III Energy Department, 46306-46333 06-6818 Part IV Interior Department, National Indian Gaming Commission, 46336-46361 06-6787 Part V Commerce Department, National Oceanic and Atmospheric Administration, 46364-46381 06-6844 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. 71 155 Friday, August 11, 2006 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 735 RIN 3206-AJ74 Employee Responsibilities and Conduct AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing a plain language rewrite of its regulations regarding the standards that govern employee responsibilities and conduct as part of a review of certain OPM regulations. The purpose of the revisions is to make the regulations more readable. DATES: *Effective Date:* September 11, 2006. FOR FURTHER INFORMATION CONTACT: Wade Plunkett, by telephone at 202-606-1700; or by FAX at 202-606-0082 or by e-mail at *wmplunke@opm.gov.* SUPPLEMENTARY INFORMATION: OPM is revising part 735, which deals with employee responsibility and conduct, as part of a review of certain OPM regulations for plain language purposes. On January 15, 2003 (68 FR 1987) OPM published a proposed regulation. One internal commenter noted that since the original regulation was published, OPM has delegated examining authority to some agencies in certain circumstances. Therefore, the proposed regulations have been modified to recognize this and permit the head of an agency to which examining authority had been delegated or his or her designee to grant exceptions to the prohibition contained in section 735.202(a). Since no other comments were received, we are publishing the proposed rule as final without further modification, except we are updating the reference to General Accounting Office and changing it to Government Accountability Office. The purpose of this revision to part 735 is not to make substantive changes, but rather to make part 735 more readable, and to convert the regulation to a question and answer format. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will affect only Federal agencies and employees. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. List of Subjects in 5 CFR Part 735 Conflict of interests, Government employees. Office of Personnel Management Linda M. Springer, Director. Accordingly, OPM is revising part 735 as follows: PART 735—EMPLOYEE RESPONSIBILITIES AND CONDUCT Subpart A—General Provisions Sec. 735.101 Definitions. 735.102 What are the grounds for disciplinary action? 735.103 What other regulations pertain to employee conduct? Subpart B—Standards of Conduct Sec. 735.201 What are the restrictions on gambling? 735.202 What are the restrictions on conduct that safeguard the examination process? 735.203 What are the restrictions on conduct prejudicial to the Government? Authority: 5 U.S.C. 7301; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. Subpart A—General Provisions § 735.101 Definitions. In this part: *Agency* means an Executive agency (other than the Government Accountability Office) as defined by 5 U.S.C. 105, the Postal Service, and the Postal Rate Commission. *Employee* means any officer or employee of an agency, including a special Government employee, but does not include a member of the uniformed services. *Government* means the United States Government. *Special Government employee* means an officer or employee specified in 18 U.S.C. 202(a) except one who is employed in the legislative branch or by the District of Columbia. *Uniformed services* has the meaning given that term by 5 U.S.C. 2101(3). § 735.102 What are the grounds for disciplinary action? An employee's violation of any of the regulations in subpart B of this part may be cause for for disciplinary action by the employee's agency, which may be in addition to any penalty prescribed by law. § 735.103 What other regulations pertain to employee conduct? In addition to the standards of conduct in subpart B of this part, an employee shall comply with the standards of ethical conduct in 5 CFR part 2635, as well as any supplemental regulation issued by the employee's agency under 5 CFR 2635.105. An employee's violation of those regulations may cause the employee's agency to take disciplinary action, or corrective action as that term is used in 5 CFR part 2635. Such disciplinary action or corrective action may be in addition to any penalty prescribed by law. Subpart B—Standards of Conduct § 735.201 What are the restrictions on gambling?

(a)While on Government-owned or leased property or on duty for the Government, an employee shall not conduct or participate in any gambling activity, including operating a gambling device, conducting a lottery or pool, participating in a game for money or property, or selling or purchasing a numbers slip or ticket.

(b)This section does not preclude activities:

(1)Necessitated by an employee's official duties; or

(2)Occurring under section 7 of Executive Order 12353 and similar agency-approved activities. § 735.202 What are the restrictions on conduct that safeguard the examination process?

(a)An employee shall not, with or without compensation, teach, lecture, or write for the purpose of the preparation of a person or class of persons for an examination of the Office of Personnel Management

(OPM)or other agency to which examining authority has been delegated, or Board of Examiners for the Foreign Service that depends on information obtained as a result of the employee's Government employment.

(b)This section does not preclude the preparation described in paragraph

(a)of this section if:

(1)The information upon which the preparation is based has been made available to the general public or will be made available on request; or

(2)Such preparation is authorized in writing by the Director of OPM, or his or her designee, or by the head of an agency to which examining authority had been delegated, or his or her designee, or by the Director General of the Foreign Service, or his or her designee, as applicable. § 735.203 What are the restrictions on conduct prejudicial to the Government? An employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government. [FR Doc. E6-13149 Filed 8-10-06; 8:45 am] BILLING CODE 6325-48-P DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 235 RIN 0584-AD53 State Administrative Expense Funds AGENCY: Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: This rule makes changes to the regulations governing State Administrative Expense funds for the Child Nutrition Programs to reflect amendments made by the Child Nutrition and WIC Reauthorization Act of 2004 to the Child Nutrition Act of 1966. This rule implements a provision of the Act that increases the minimum State Administrative Expense grant for each State administering the National School Lunch Program (NSLP), the School Breakfast Program

(SBP)and/or the Special Milk Program

(SMP)from $100,000 to $200,000 a year, adjusted by an index beginning in fiscal year 2009. The rule also implements a requirement that for fiscal years 2005 through 2007 no State shall receive less than its fiscal year 2004 allocation for administrative costs. This final rule will increase the available funds to certain States to expand supervision and technical assistance of Child Nutrition Programs. DATES: This rule is effective September 11, 2006. FOR FURTHER INFORMATION CONTACT: Melissa Rothstein, Chief, Program Analysis and Monitoring Branch, Child Nutrition Division, Food and Nutrition Service

(FNS)at 703-305-2595. SUPPLEMENTARY INFORMATION: Background Section 202 of the Child Nutrition and WIC Reauthorization Act of 2004 (Pub. L. 108-265; June 30, 2004) amended section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) regarding State Administrative Expense

(SAE)funds for administration of the Child Nutrition Programs which include the National School Lunch Program (NSLP), the School Breakfast Program

(SBP)and/or the Special Milk Program (SMP). Section 202 increased the minimum SAE grant amount to States, from $100,000 to $200,000 per year and added an annual adjustment to the minimum grant beginning in fiscal year 2009. It also contained a provision that for fiscal years 2005 through 2007, no State shall receive less than its fiscal year 2004 SAE allocation. Regulations for SAE funds are codified at 7 CFR part 235. Non-Discretionary SAE Funds This final rule amends § 235.4 to include the requirement that for each of fiscal years 2005 through 2007 no State shall receive less than its fiscal year 2004 allocation for administrative expenses. Minimum State Grant for Administrative Expenses This final rule amends § 235.4(a)(1) by increasing the minimum SAE grant for each State administering the NSLP, the SBP and/or the SMP from $100,000 to $200,000 a year. The minimum SAE grant will be adjusted beginning fiscal year 2009 using the Department of Commerce, Bureau of Economic Analysis index for State and local government purchases. The percentage change between the value of the index for the 12-month period ending June 30 of the second preceding fiscal year and the value of the index for the 12-month period ending June 30 of the preceding fiscal year will be the basis for the annual adjustment. It should be noted that the annual adjustment prescribed in the law is not a cumulative adjustment. Rather, the adjustment will be made each year, beginning in fiscal year 2009, to the minimum grant amount of $200,000. Depending on the performance of the Department of Commerce index, the grant amount levels could increase or decrease from one year to the next. Pursuant to section 502(b)(2) of Public Law 108-265, these requirements were effective October 1, 2004. FNS issued an implementation memorandum informing State agencies of these changes on July 12, 2004. Use of funds—Technology infrastructure improvement requirement section 202(b) of Public Law 108-265 also amended section 7 of the Child Nutrition Act of 1966 by adding a new subsection

(i)which included a requirement that each State agency submit an amendment to the State agency's plan detailing how SAE funds would be used for technology infrastructure improvement. The amendment to the plan was required to describe how SAE funds would be used by the State agency in part to implement information systems that address potential cost savings and improve program integrity by: • Monitoring the nutrient content of meals served; • Providing training to local educational agencies, school food authorities, and schools on how to use technology and information management systems for activities including menu planning, collecting point-of-sale data, and the processing of applications for free and reduced-price meals; and • Using electronic data to establish benchmarks to compare and monitor program integrity, participation and financial data across schools and school food authorities. Pursuant to section 502(a) of Public Law 108-265, this requirement was effective on June 30, 2004. FNS issued an implementation memorandum informing State agencies of this requirement on August 30, 2004. All required amendments to SAE plans have been submitted to FNS. No change to the existing regulations at 7 CFR part 235 is needed in order to implement this statutory requirement. Executive Order 12866 This final rule has been determined to be not significant and was not reviewed by the Office of Management and Budget under Executive Order 12866. Regulatory Flexibility Act This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612). Roberto Salazar, Administrator, Food and Nutrition Service, has certified that this rule will not have a significant economic impact on a substantial number of small entities. This rule provides for an increase in the minimum SAE grant to States. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, FNS must generally prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local or tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of the UMRA generally requires FNS to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) that impose costs on State, local, or tribal governments or to the private sector of $100 million or more in any one year. This final rule is, therefore, not subject to the requirements of sections 202 and 205 of the UMRA. Executive Order 12372 SAE for Child Nutrition is listed in the Catalog of Federal Domestic Assistance under No. 10.560. For the reasons set forth in the final rule in 7 CFR part 3015, subpart V and related Notice (48 FR 29115, June 24, 1983), this program is included in the scope of Executive Order 12372, which requires intergovernmental consultation with State and local officials. FNS provided information to State agencies on these non-discretionary requirements by conducting informational meetings and training sessions with State officials which allowed for clarification and discussion. Additionally, FNS issued explanatory memoranda to State agencies on July 12 and August 30, 2004. Federalism Summary Impact Statement Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency's considerations in terms of the three categories called for under section (6)(b)(2)(B) of Executive Order 13132. FNS has considered the impact of this rule on State and local governments and has determined that this rule does not have federalism implications. This rule does not impose substantial or direct compliance costs on State and local governments. Therefore, under section 6(b) of the Executive Order, a federalism summary impact statement is not required. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule has a preemptive effect with respect to any State or local laws, regulations or policies which conflict with its provisions or which would otherwise impede its full implementation. This rule is not intended to have retroactive effect unless so specified in the Dates paragraph. Prior to any judicial challenge to the provisions of this rule or the application of its provisions, all applicable administrative procedures must be exhausted. The administrative process can be found in § 235.11 (f). Civil Rights Impact Analysis FNS has reviewed this final rule in accordance with the Department Regulation 4300-4, “Civil Rights Impact Analysis,” to identify any major civil rights impacts the rule might have on children on the basis of race, color, national origin, sex, religion, or disability. After a careful review of the rule's intent and provisions, FNS has determined that it does not affect the participation of protected individuals in the Child Nutrition Programs. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR part 1320) requires that the Office of Management and Budget

(OMB)approve all collections of information by a Federal agency before they can be implemented. Respondents are not required to respond to any collection of information unless it displays a current valid OMB control number. This information contained in 7 CFR 235 is cleared under OMB No. 0584-0067. This final rule contains no new paperwork burden or information collection requirements that are subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1995. E-Government Act Compliance The FNS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Public Participation This action is being finalized without prior notice or public comment under authority of 5 U.S.C. 553(b)(3)(A) and (B). This rule codifies through amendment to current program regulations the non-discretionary amendments made by section 202 of the Child Nutrition and WIC Reauthorization Act of 2004 (Pub. L. 108-265) to the Child Nutrition Act of 1966. Thus, the Department has determined in accordance with 5 U.S.C. 553(b) that Notice of Proposed Rulemaking and Opportunity for Public Comments is unnecessary and contrary to the public interest. List of Subjects in 7 CFR Part 235 Administrative practice and procedure, Child and Adult Care Food Program, Food assistance programs, Grant administration, Intergovernmental relations, National School Lunch Program, Reporting and recordkeeping requirements, School Breakfast Program, Special Milk Program. Accordingly, 7 CFR part 235 is amended as follows: PART 235—STATE ADMINISTRATIVE EXPENSE FUNDS 1. The authority citation for Part 235 continues to read as follows: Authority: Secs. 7 and 10 of the Child Nutrition Act of 1966, 80 Stat. 888, 889, as amended (42 U.S.C. 1776, 1779). 2. In § 235.4: a. Amend paragraph (a)(1) by removing “$100,000” and adding in its place “$200,000”; b. Further amend paragraph (a)(1) by adding a new sentence at the end; and c. Add a new paragraph (a)(3). The additions read as follows: § 235.4 Allocation of funds to States.

(a)* * *

(1)* * * On October 1, 2008 and each October 1 thereafter, the minimum dollar amount for a fiscal year for administrative costs shall be adjusted to reflect the percentage change between the value of the index for State and local government purchases, as published by the Bureau of Economic Analysis of the Department of Commerce, for the 12-month period ending June 30 of the second preceding fiscal year, and the value of that index for the 12-month period ending June 30 of the preceding fiscal year.

(3)For each of fiscal years 2005 through 2007 no State shall receive less than its fiscal year 2004 allocation for administrative costs for all child nutrition programs. Dated: August 3, 2006. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. E6-13154 Filed 8-10-06; 8:45 am] BILLING CODE 3410-30-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25153; Airspace Docket No. 06-AWP-10] RIN 2120-AA66 Amendment to Class D Airspace; Broomfield, CO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends the Class D airspace area at Broomfield, CO. A review of the legal description revealed that it does not reflect the current airport reference point

(ARP)for Jefferson County Airport. DATES: *Effective Date:* 0901 UTC, September 28, 2006. FOR FURTHER INFORMATION CONTACT: Francie Hope, Western Terminal Operations Airspace Specialist, AWP-520.3, Federal Aviation Administration, 15000 Aviation Boulevard, Lawndale, California 90261, telephone

(310)725-6502. SUPPLEMENTARY INFORMATION: History An examination of the Class D airspace area designation at Broomfield, CO, revealed that the legal description did not reflect the current ARP for Jefferson County Airport. This action will change the latitude of the ARP for the airport. Class D airspace areas are published in Paragraph 5000 of FAA Order 7400.9N, dated September 1, 2005, and effective September 15, 2005, which is incorporated by reference in 14 CFR 71.1. The Class D airspace designation listed in this document will be published subsequently in the Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by amending the latitude in the legal description of Jefferson County Airport's ARP. Accordingly, since this action only involves a change in the airport's legal description of the Broomfield, CO, Class D airspace area, and does not involve a change in the dimensions or operating requirements of that airspace, notice and public procedure under 5 U.S.C. 533(b) are unnecessary. 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 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 7400.9N, Airspace Designations and Reporting Points, dated September 1, 2005, and effective September 15, 2005, is amended as follows: Paragraph 5000 Class D Airspace. ANM CO D Broomfield, CO [Amended] Jefferson County Airport, CO (Lat. 39°54′32″ N., long. 105°07′02″ W.) Issued in Los Angeles, California, on July 5, 2006. Leonard A. Mobley, Acting Area Director, Western Terminal Operations. [FR Doc. E6-13196 Filed 8-10-06; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2006-25502; Airspace Docket No. 06-ACE-10] Modification of Class E Airspace; West Plains, MO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: This action amends Title 14 Code of Federal Regulations, part 71 (14 CFR 71) by modifying the Class E airspace area at West Plains Municipal Airport. The establishment of Area Navigation

(RNAV)Global Positioning System

(GPS)Instrument Approach Procedures

(IAP)to Runways

(RWY)18 and 36 requires the modification of the Class E airspace area beginning at 700 feet above ground level (AGL). In addition, this action corrects the airport reference point (ARP). This airspace area and the legal description are modified to conform to the criteria in FAA Orders. DATES: This direct final rule is effective on 0901 UTC, November 23, 2006. Comments for inclusion in the Rules Docket must be received on or before September 15, 2006. ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2006-25502/Airspace Docket No. 06-ACE-10, at the beginning of your comments. You may also submit comments on the Internet at *http://dms.dot.gov.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5227) is on the plaza level of the Department of Transportation NASSIF Building at the above address. FOR FURTHER INFORMATION CONTACT: Grant Nichols, Airspace Branch, ACE-520G, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:

(816)329-2522. SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the Class E airspace area extending upward from 700 feet AGL

(E5)at West Plains Municipal Airport and corrects the ARP. The establishment of RNAV(GPS)IAPs to RWYs 18 and 36 requires the modification of the Class E airspace area beginning at 700 feet AGL (E5). The area is expanded from a 6.4-mile radius to a 6.9-mile radius of the airport. This modification brings the legal description of the West Plains Municipal Airport, MO Class E5 airspace area into compliance with FAA Orders 7400.2F and 8260.19C. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in Paragraph 6005 of FAA Order 7400.9N, Airspace Designations and Reporting Points, dated September 1, 2005, and effective September 16, 2005, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document would be published subsequently in the Order. The Direct Final Rule Procedure The FAA anticipates that his regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objections. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the date on which the final rule will become effective. If the FAA does receive, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Interested parties are invited to participate in this rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2006-25502/Airspace Docket No. 06-ACE-10.” The postcard will be date/time stamped and returned to the commenter. Agency Findings The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that 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)if promulgated, 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority since it contains aircraft executing instrument approach procedures to West Plains Municipal Airport, MO. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment Accordingly, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; 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 7400.9N, dated September 1, 2005, and effective September 16, 2005, is amended as follows: *Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.* ACE MO E5 West Plains, MO West Plains Municipal Airport, MO (Lat. 36°52′42″ N., long. 91°54′10″ W.) Hutton VOR/DME (Lat. 36°52′17″ N., long. 91°54′00″ W.) That airspace extending upward from 700 feet above the surface within a 6.9-mile radius of West Plains Municipal Airport and 8 miles west and 4 miles east of the 196° radial of the Hutton VOR/DME extending from the Hutton VOR/DME to 10 miles south of the Hutton VOR/DME. Issued in Kansas City, MO, on July 31, 2006. Donna R. McCord, Acting Area Director, Western Flight Services Operations. [FR Doc. 06-6858 Filed 8-10-06; 8:45 am]

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