Unknown. Final rule

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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-2006-08-16.xml --- 71 158 Wednesday, August 16, 2006 Contents Agricultural Agricultural Marketing Service RULES Beef promotion and research, 47074-47076 E6-13477 Cotton classing, testing, and standards Classification services to growers; 2006 user fees, 47073-47074 E6-13476 PROPOSED RULES Almonds grown in California, 47152-47154 06-6941 NOTICES Cotton program: American Pima Spot Quotations; amendments, 47163 E6-13501 Agricultural Agricultural Research Service NOTICES Meetings:

National Animal Disease Center Scientific Review Panel, 47163-47164 06-6987 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Natural Resources Conservation Service See Rural Housing Service See Rural Telephone Bank See Rural Utilities Service Antitrust Antitrust Division NOTICES National cooperative research notifications: National Center for Manufacturing Sciences, Inc., 47248 06-6956 VSI Alliance, 47248 06-6955 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Committee to Director, 47230 E6-13452 Centers Centers for Medicare & Medicaid Services NOTICES Medicare: Durable medical equipment regional service; applications from independent accrediting bodies, 47230-47232 06-6933 Coast Guard Coast Guard RULES Drawbridge operations: Maine, 47096-47098 E6-13384 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: McCormick and Baxter Superfund Site, Stockton, CA, 47098-47100 E6-13392 Regattas and marine parades:

Crystal Coast Super Boat Grand Prix, NC, 47094-47096 E6-13511 Thunder over the Boardwalk Airshow; Atlantic City, NJ, 47092-47094 E6-13495 PROPOSED RULES Regattas and marine parades: Patapsco River, Inner Harbor, Baltimore, MD; marine events, 47159-47161 E6-13494 NOTICES Merchant mariner credentials; temporary procedures: Credential validity; expiration dates extended, 47238-47239 06-6978 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Customs Customs and Border Protection Bureau PROPOSED RULES Organization and functions; field organization, ports of entry, etc.:

St. Louis, MO; port limits extension, 47156-47157 E6-13446 Defense Defense Department See Engineers Corps See Navy Department RULES Civilian health and medical program of uniformed services (CHAMPUS): TRICARE program— Homebound definition; correction, 47091-47092 06-6935 NOTICES Arms sales notification; transmittal letter, etc., 47185-47191 R6-6727 R6-6728 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 47193 E6-13457 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.:

ABN AMRO Mortgage Group, 47249 E6-13516 Admiral Foundry, 47249 E6-13514 Carm Newsome Hosiery, Inc., 47249 E6-13522 Dura Art Stone, Inc., 47249-47250 E6-13517 J.S. McCarthy Co., 47250 E6-13521 Minnesota Rubber, 47250 E6-13519 Morse Automotive Corp., 47250 E6-13515 Russell Corp.; correction, 47251 E6-13520 Sun Chemical, Inc., et al., 47251-47252 E6-13513 Tower Automotive et al., 47252-47253 E6-13523 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Whatcom County, WA; Cherry Point pier extension, 47191-47192 E6-13473 EPA Environmental Protection Agency RULES Pesticide programs: Pesticide container and containment standards, 47330-47437 06-6856 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Endothall, 47101-47106 E6-13293 Superfund program: Carbamates and carbamate-related hazardous waste streams and inorganic chemical manufacturing processes waste; reportable quantity adjustments, 47106-47122 E6-13491 Toxic substances:

Health and safety data reporting; chemical additions, 47130-47141 E6-13489 High production volume challenge program orphan (unsponsored) chemical manufacturers; preliminary assessment information reporting requirements, 47122-47130 E6-13479 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: New Hampshire; withdrawal, 47161-47162 E6-13492 NOTICES Committees; establishment, renewal, termination, etc.: FIFRA Scientific Advisory Panel, 47204-47208 E6-13344 Meetings:

Scientific Counselors Board Executive Committee, 47208-47209 E6-13483 Pesticide, food, and feed additive petitions: BASF Corp., 47216-47217 06-6913 Morse Enterprises Ltd., Inc., 47217-47218 E6-13487 Salicylic acid residue; tolerance exemption, 47218-47220 E6-13488 Pesticide programs: Tolerance reassessment decisions— Oxtetracycline, 47210 E6-13485 Streptomycin, 47209-47210 E6-13346 Pesticide registration, cancellation, etc.: Cypermethrin, 47210-47212 E6-13164 Inorganic chlorates, 47212-47213 E6-13342 Kincaid Inc., 47213-47215 E6-13343 Morse Enterprises Ltd.

Inc., 47215-47216 E6-13518 Executive Executive Office of the President See Trade Representative, Office of United States Federal Accounting Federal Accounting Standards Advisory Board NOTICES Meetings, 47220 06-6988 FAA Federal Aviation Administration RULES Class E airspace, 47078-47079 06-6949 06-6951 06-6952 Investigative and enforcement procedures: Civil monetary penalties inflation adjustment Correction, 47077-47078 06-6953 PROPOSED RULES Airworthiness directives: Learjet, 47154-47156 E6-13453 NOTICES Aeronautical land-use assurance; waivers:

Franklin-Wilkins Airport, TN, 47286 06-6950 FCC Federal Communications Commission RULES Common carrier services: Individuals with hearing and speech disabilities; telecommunications relay and speech-to-speech services, 47141-47150 E6-13486 E6-13490 Radio stations; table of assignments: Arizona, 47151 E6-13357 California, 47151 E6-13358 Oklahoma, 47150 E6-13359 NOTICES Agency information collection activities; proposals, submissions, and approvals, 47220-47222 E6-13355 E6-13475 E6-13478 *Applications, hearings, determinations, etc.:* TCR Sports Broadcasting Holding, LLP, 47222-47223 E6-13484 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 47224 E6-13435 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:

Alaska, 47239 E6-13436 Ohio, 47239 E6-13438 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 47197-47200 E6-13430 Environmental statements; availability, etc.: AmerenUE, 47200 E6-13363 Susquehanna Power Co., et al., 47200 E6-13370 Hydroelectric applications, 47200-47204 E6-13364 E6-13365 E6-13369 E6-13378 *Applications, hearings, determinations, etc.:* Distrigas of Massachusetts LLC, 47193-47194 E6-13372 E6-13376 Dominion Energy Kewaunee, Inc., et al., 47194 E6-13367 Erie Boulevard Hydropower, L.P., 47194 E6-13366 Mississippi Canyon Gas Pipeline, LLC, 47194-47195 E6-13377 Northern Natural Gas Co., 47195-47196 E6-13368 E6-13373 E6-13375 Rockies Express Pipeline LLC, 47196 E6-13371 Texas Gas Transmission, LLC, 47196-47197 E6-13374 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 47224-47225 E6-13461 Ocean transportation intermediary licenses:

Sony Supply Chain Solutions (America), Inc., et al. Correction, 47225 E6-13460 T.T.G. International Freight Forwarders et al., 47225-47226 E6-13459 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 47226 E6-13455 Permissible nonbanking activities, 47226 E6-13454 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, determinations, etc., 47242-47243 E6-13443 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See Indian Health Service NOTICES Privacy Act; systems of records, 47226-47230 E6-13389 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 47232-47234 E6-13385 E6-13390 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 47237-47238 E6-13444 Housing Housing and Urban Development Department PROPOSED RULES Manufactured home installation program; comment period extension, 47157-47158 E6-13382 NOTICES Grant and cooperative agreement awards:

Brownfields Economic Development Initiative, 47239-47241 E6-13381 Community development technical assistance programs, 47241-47242 E6-13380 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Mental Health and Community Safety Initiative for American Indian/Alaska Native Children, Youth and Families, 47234-47237 06-6936 Information Information Security Oversight Office NOTICES Meetings: Public Interest Declassification Board, 47258 E6-13393 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service IRS Internal Revenue Service RULES Income taxes:

Gross proceeds payments to attorneys; reporting requirements Correction, 47079-47080 E6-13420 E6-13423 PROPOSED RULES Income taxes: Expatriated entities and their foreign parents; section 7874 guidance; cross reference Correction, 47158-47159 E6-13424 NOTICES Agency information collection activities; proposals, submissions, and approvals, 47322-47326 E6-13403 E6-13404 E6-13419 Meetings: Taxpayer Advocacy Panels, 47327 E6-13406 E6-13410 E6-13417 International International Trade Administration NOTICES Antidumping:

Brake rotors from— China, 47169 E6-13474 Cased pencils from— China, 47169-47170 E6-13469 Corrosion-resistant carbon steel flat products from— Korea, 47170 E6-13468 Honey from— China, 47170-47171 E6-13467 Lined paper products from— Indonesia, 47171-47174 E6-13470 Countervailing duties: Lined paper products from— Indonesia, 47174-47177 E6-13472 Meetings: India Business Summit, 47177 E6-13471 International International Trade Commission NOTICES Import investigations: Power supply controllers and products from— Taiwan, 47245-47246 E6-13512 Justice Justice Department See Antitrust Division NOTICES Meetings:

Heavy duty diesel engine consent decrees; teleconference, 47246 06-6943 Pollution control; consent judgments: Asarco Inc., et al., 47246-47247 06-6945 Brockton, MA, 47247 06-6937 ConocoPhillips Co., 47247-47248 06-6944 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 47248-47249 E6-13466 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 47243-47245 E6-13383 NASA National Aeronautics and Space Administration NOTICES Grants and cooperative agreements; availability, etc.:

Centennial Challenges 2006 Beam Power Challenge, 47256 E6-13497 Centennial Challenges 2006 Tether Challenge, 47255-47256 E6-13496 Centennial Challenges 2007 Astronaut Glove Challenge, 47256-47257 E6-13498 Centennial Challenges 2007 Lunar Regolith Excavation Challenge, 47257-47258 E6-13499 National Archives National Archives and Records Administration See Information Security Oversight Office NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 47177-47179 E6-13386 E6-13387 Endangered and threatened species:

Anadromous fish take— Southwest Fisheries Science Center; Southern Oregon/Northern California Coast coho salmon, et al., 47179-47180 E6-13465 Recovery plans— Hood Canal summer chum salmon, 47180-47184 E6-13463 Reports and guidance documents; availability, etc.: Hurricane Intensity Research and Development Enterprise external review, 47184-47185 E6-13388 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Indiana, 47164 E6-13462 Navy Navy Department NOTICES Meetings:

Chief of Naval Operations Executive Panel, 47192-47193 E6-13451 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Medical Uses of Isotopes Advisory Committee, 47259 E6-13433 Occupational Occupational Safety and Health Administration RULES State plans: New York, 47081-47090 E6-13504 NOTICES Agency information collection activities; proposals, submissions, and approvals, 47253-47255 06-6946 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Single-employer plans:

Allocation of assets— Benefits payable in terminated plans, allocation of assets, interest assumptions for valuing and paying benefits, 47090-47091 06-6958 NOTICES Single employer and multiemployer plans: Interest rates and assumptions, 47260 06-6959 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials: Applications, exemptions, renewals, etc., 47286-47322 06-6947 06-6948 06-6954 Public Public Debt Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 47327-47328 E6-13450 Rural Rural Housing Service NOTICES Grants and cooperative agreements; availability, etc.:

Hurricane disaster assistance; Community Facilities direct loan and grant program, 47164-47165 E6-13432 Rural Rural Telephone Bank NOTICES Loan policies: Interest rates (FY 2005), 47165-47168 06-6970 RUS Rural Utilities Service NOTICES Environmental statements; notice of intent: Georgia Transmission Corp., 47168-47169 E6-13411 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 47261 E6-13418 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 47262-47264 E6-13401 Boston Stock Exchange, Inc., 47264-47276 E6-13400 NASDAQ Stock Market LLC, 47276-47278 E6-13416 New York Stock Exchange LLC, 47278-47280 E6-13421 Philadelphia Stock Exchange, Inc., 47280-47284 E6-13415 E6-13422 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 47284-47286 E6-13480 E6-13481 Meetings: International Telecommunications Advisory Committee, 47286 E6-13458 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

South Texas Liquid Terminal, Inc., 47322 E6-13456 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences: U.S.-Chile Free Trade Agreement; 2005 annual product review and tariff determinations, 47259-47260 E6-13500 Transportation Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Public Debt Bureau MISSING FOR:

U.S.-China Economic and Security Review Commission U.S.-China Economic and Security Review Commission NOTICES Meetings: Annual report preparation, 47328 E6-13508 Separate Parts In This Issue Part II Environmental Protection Agency, 47330-47437 06-6856 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. 71 158 Wednesday, August 16, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [CN-06-001] RIN 0581-AC58 7 CFR Part 28 User Fees for 2006 Crop Cotton Classification Services to Growers AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)will maintain user fees for cotton producers for 2006 crop cotton classification services under the Cotton Statistics and Estimates Act at the same level as in 2005. This is in accordance with the formula provided in the Uniform Cotton Classing Fees Act of 1987. The 2005 user fee for this classification service was $1.85 per bale. This rule would maintain the fee for the 2006 crop at $1.85 per bale. The fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision. DATES: Effective Date: August 17, 2006. FOR FURTHER INFORMATION CONTACT: Darryl Earnest, Deputy Administrator, Cotton Program, AMS, USDA, Room 2641-S, STOP 0224, 1400 Independence Avenue, SW., Washington, DC 20250-0224. Telephone

(202)720-2145, facsimile

(202)690-1718, or e-mail *darryl.earnest@usda.gov.* SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was published in the **Federal Register** on April 20, 2006 (71 FR 20350). A 15-day comment period was provided for interested persons to respond to the proposed rule. During the 15-day comment period, one comment was received from the National Cotton Council in support of the proposed rule, the continued use of the legislative formula for establishing the cotton user fees, and the cotton classing services provided. Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866; and, therefore has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. This rule would not preempt any state or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures that may be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ) AMS has considered the economic impact of this action on small entities and has determined that its implementation will not have a significant economic impact on a substantial number of small businesses. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. There are an estimated 35,000 cotton growers in the U.S. who voluntarily use the AMS cotton classing services annually, and the majority of these cotton growers are small businesses under the criteria established by the Small Business Administration (13 CFR § 121.201). Continuing the user fee at the 2005 crop level as stated will not significantly affect small businesses as defined in the RFA because:

(1)The fee represents a very small portion of the cost-per-unit currently borne by those entities utilizing the services. (The 2005 user fee for classification services was $1.85 per bale; the fee for the 2006 crop would be maintained at $1.85 per bale.)

(2)The fee for services will not affect competition in the marketplace; and

(3)The use of classification services is voluntary. For the 2005 crop, 23,703,000 bales were produced; and, almost all of these bales were voluntarily submitted by growers for the classification service.

(4)Based on the average price paid to growers for cotton from the 2004 crop of 41.6 cents per pound, 500 pound bales of cotton are worth an average of $208 each. The proposed user fee for classification services, $1.85 per bale, is less than one percent of the value of an average bale of cotton. Paperwork Reduction Act In compliance with OMB regulations (5 CFR part 1320), which implement the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), the information collection requirements contained in the provisions to be amended by this rule have been previously approved by OMB and were assigned OMB control number 0581-AC58. Fees for Classification Under the Cotton Statistics and Estimates Act of 1927 The user fee charged to cotton producers for High Volume Instrument

(HVI)classification services under the Cotton Statistics and Estimates Act (7 U.S.C. 473a) was $1.85 per bale during the 2005 harvest season as determined by using the formula provided in the Uniform Cotton Classing Fees Act of 1987, as amended by Public Law 102-237. The fees cover salaries, costs of equipment and supplies, and other overhead costs, including costs for administration, and supervision. This rule establishes the user fee charged to producers for HVI classification at $1.85 per bale during the 2006 harvest season. Public Law 102-237 amended the formula in the Uniform Cotton Classing Fees Act of 1987 for establishing the producer's classification fee so that the producer's fee is based on the prevailing method of classification requested by producers during the previous year. HVI classing was the prevailing method of cotton classification requested by producers in 2005. Therefore, the 2006 producer's user fee for classification service is based on the 2005 base fee for HVI classification. The fee was calculated by applying the formula specified in the Uniform Cotton Classing Fees Act of 1987, as amended by Public Law 102-237. The 2005 base fee for HVI classification exclusive of adjustments, as provided by the Act, was $2.37 per bale. An increase of 3.29 percent, or 8 cents per bale, due to the implicit price deflator of the gross domestic product added to the $2.37 would result in a 2006 base fee of $2.45 per bale. The formula in the Act provides for the use of the percentage change in the implicit price deflator of the gross national product (as indexed for the most recent 12-month period for which statistics are available). However, gross *national* product has been replaced by gross *domestic* product by the Department of Commerce as a more appropriate measure for the short-term monitoring and analysis of the U.S. economy. The number of bales to be classed by the United States Department of Agriculture from the 2006 crop is estimated at 20,268,150 bales. The 2006 base fee was decreased 15 percent based on the estimated number of bales to be classed (1 percent for every 100,000 bales or portion thereof above the base of 12,500,000, limited to a maximum decreased adjustment of 15 percent). This percentage factor amounts to a 37 cents per bale reduction and was subtracted from the 2006 base fee of $2.45 per bale, resulting in a fee of $2.08 per bale. However, with a fee of $2.08 per bale, the projected operating reserve would be 35.74 percent. The Act specifies that the Secretary shall not establish a fee which, when combined with other sources of revenue, will result in a projected operating reserve of more than 25 percent. Accordingly, the fee of $2.08 must be reduced by 23 cents per bale, to $1.85 per bale, to provide an ending accumulated operating reserve for the fiscal year of not more than 25 percent of the projected cost of operating the program. This would establish the 2006 season fee at $1.85 per bale. Accordingly, § 28.909, paragraph

(b)would reflect the continuation of the HVI classification fee at $1.85 per bale. As provided for in the Uniform Cotton Classing Fees Act of 1987, as amended, a 5 cent per bale discount would continue to be applied to voluntary centralized billing and collecting agents as specified in § 28.909 (c). Growers or their designated agents receiving classification data would continue to incur no additional fees if classification data is requested only once. The fee for each additional retrieval of classification data in § 28.910 would remain at 5 cents per bale. The fee in § 28.910

(b)for an owner receiving classification data from the National database would remain at 5 cents per bale, and the minimum charge of $5.00 for services provided per monthly billing period would remain the same. The provisions of § 28.910

(c)concerning the fee for new classification memoranda issued from the National database for the business convenience of an owner without reclassification of the cotton will remain the same at 15 cents per bale or a minimum of $5.00 per sheet. The fee for review classification in § 28.911 would be maintained at $1.85 per bale. The fee for returning samples after classification in § 28.911 would remain at 40 cents per sample. Pursuant to 5 U.S.C. 553, good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because this rule maintains user fees for 2006 crop cotton classification services under the Cotton Statistics and Estimates Act at the same level as in 2005 and a 15-day comment period was provided for public comment and one favorable comment was received. List of Subjects in 7 CFR Part 28 Administrative practice and procedure, Cotton, Cotton samples, Grades, Market news, Reporting and recordkeeping requirements, Standards, Staples, Testing, Warehouses. For the reasons set forth in the preamble, 7 CFR Part 28 is amended as follows: PART 28—[AMENDED] 1. The authority citation for 7 CFR Part 28, Subpart D, continues to read as follows: Authority: 7 U.S.C. 471-476. 2. In § 28.909, paragraph

(b)is revised to read as follows: § 28.909 Costs.

(b)The cost of High Volume Instrument

(HVI)cotton classification service to producers is $1.85 per bale. 3. In § 28.911, the last sentence of paragraph

(a)is revised to read as follows: § 28.911 Review classification.

(a)* * * The fee for review classification is $1.85 per bale. Dated: August 9, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-13476 Filed 8-15-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1260 [No. LS-01-06] Amendment to the Beef Promotion and Research Rules and Regulations—Final Rule AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule amends the Beef Promotion and Research Order (Order) established under the Beef Promotion and Research Act of 1985

(Act)to reduce assessment levels for imported beef and beef products based on revised determinations of live animal equivalencies and to update and expand the Harmonized Tariff System

(HTS)numbers and categories, which identify imported live cattle, beef, and beef products to conform with recent updates in the numbers and categories used by the U.S. Customs and Border Protection (Customs). DATES: *Effective Date:* September 15, 2006. FOR FURTHER INFORMATION CONTACT: Kenneth R. Payne, Chief, Marketing Programs Branch, Room 2638-S, Livestock and Seed Program, Agricultural Marketing Service (AMS), USDA, STOP 0251, 1400 Independence Avenue, SW., Washington, DC 20250-0251; facsimile 202/720-1125; telephone 202/720-1115, or by e-mail at *Kenneth.Payne@usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 The Office of Management and Budget

(OMB)has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have a retroactive effect. Section 11 of the Act provides that nothing in the Act may be construed to preempt or supersede any other program relating to beef promotion organized and operated under the laws of the United States or any State. There are no administrative proceedings that must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA)(5 U.S.C. 601 *et seq.* ), the Administrator of AMS has considered the economic effect of this action on small entities and has determined that this proposed rule will not have a significant economic impact on a substantial number of small business entities. The effect of the Order upon small entities was discussed in the July 18, 1986 **Federal Register** [51 FR 26132]. The purpose of RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly burdened. There are approximately 270 importers who import beef or edible beef products into the United States and 198 importers who import live cattle into the United States. The majority of these operations subject to the Order are considered small businesses under the criteria established by the Small Business Administration (SBA)[13 CFR 121.201]. SBA defines small agricultural service firms as those having annual receipts of $6.5 million or less. The final rule will impose no significant burden on the industry. It will merely update and expand the HTS numbers and categories to conform to recent updates in the numbers and categories used by Customs. This final rule will also adjust the live animal equivalencies used to determine the amount of assessments collected on imported beef and beef products. This adjustment reflects an increase in the average dressed weight of cows slaughtered under Federal inspection that has occurred since the inception of the Beef Checkoff Program. Accordingly, the Administrator of AMS has determined that this action will not have a significant impact on a substantial number of small entities. Paperwork Reduction Act In accordance with the Office of Management and Budget

(OMB)regulations [5 CFR part 1320] that implement the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the information collection and recordkeeping requirements contained in the Order and Rules and Regulations have previously been approved by OMB under OMB control number 0581-0202 and merged into OMB control number 0581-0093. Background The Act authorized the establishment of a national beef promotion and research program. The final Order was published in the **Federal Register** on July 18, 1986, (51 FR 21632) and the collection of assessments began on October 1, 1986. The program is administered by the Cattlemen's Beef Promotion and Research Board (Board) appointed by the Secretary of Agriculture (Secretary) from industry nominations composed of 104 cattle producers and importers. The program is funded by a $1-per-head assessment on producer marketing of cattle in the United States and on imported cattle as well as an equivalent amount on imported beef and beef products. Importers pay assessments on imported cattle, beef, and beef products. Customs collects and remits the assessment to the Board. The term “importer” is defined as “any person who imports cattle, beef, or beef products from outside the United States.” Imported beef or beef products is defined as “products which are imported into the United States which the Secretary determines contain a substantial amount of beef including those products which have been assigned one or more of the following numbers in the Tariff Schedule of the United States.” In 1989, Customs implemented a new numbering system, the HTS, to replace the Tariff Schedule of the United States

(TSUS)system. The Department of Agriculture

(USDA)updated the TSUS to HTS, in a final rule, published in the **Federal Register** on April 20, 1989, (54 FR 15915) to conform with updates made by Customs. Since the inception of HTS, it has undergone many changes. First, the original 11 digit system has been replaced with a 10 digit system. Additionally, most of the categories regarding imported beef and beef products have been subdivided and the new categories have been assigned HTS numbers. The purpose of this final rule is to update, expand, and revise the table found under § 1260.172 (7 CFR 1260.172) to reflect the current HTS numbers. As a result of these changes to HTS, there are 20 new categories that cover imported live cattle subject to assessment compared with the previous 8 categories. The 30 categories identifying imported beef and beef products have been expanded to 54 categories. This final rule simply updates and expands the chart published in the 1989 final rule to conform with recent changes to the HTS numbering system and revises the live weight equivalents used to calculate import assessments. Importers are currently paying the same assessment level for imported beef and beef products that was established when the Order was first published in 1986. At that time, the average dressed weight of cows slaughtered under Federal inspection was determined to be 509 pounds. USDA determined that using the average dressed weight of domestic cows slaughtered under Federal inspection would be most suitable because about 90 percent of imported beef and beef products were similar to domestic cow beef. The Act requires that assessments on imported beef and beef products be determined by converting such imports into live animal equivalents to ascertain the corresponding number of head of cattle. Carcass weight is the principle factor in calculating live animal equivalents. Under the Order, the Board may increase or decrease the level of assessments for imported beef and beef products based upon revised determination of live animal equivalencies. Prior to publishing the proposed rule, USDA received two recommendations concerning importer assessments. The Meat Importers Council of America

(MICA)requested to increase the live animal equivalency rate that would reduce the amount of assessments collected from importers of beef and beef products. MICA suggests using the dressed cow weight for calendar year 2000 to recalculate levels of assessments. This average would be 579 pounds. In updating the average dressed cow weight for calendar year 2004, the average would be 614 pounds. The Board recommends using an average dressed cow weight from 1987 to the most current data. The Board states that “establishing an average over this period of time takes into account short term highs and lows due to the cattle cycle, weather effects, and feed prices.” This average would be 555 pounds. Comments On October 5, 2005, USDA published in the **Federal Register** (70 FR 58095) a proposed rule to amend the Beef Promotion and Research Order (Order) established under the Beef Promotion and Research Act of 1985

(Act)to reduce assessment levels for imported beef and beef products based on revised determinations of live animal equivalencies and to update and expand the HTS numbers and categories, which identify imported live cattle, beef, and beef products to conform with recent updates in the numbers and categories used by the Customs. USDA received in a timely manner two comments, one from the Executive Director of the Meat Importers Council of America

(MICA)and another from an interested party. The two comments have been posted on AMS' Web site at *http://www.ams.usda.gov/lsg/mpb/rp-beef.htm.* The changes suggested by commenters are discussed below. Discussion of Comments The USDA proposed establishing the average carcass weight using a 5-year weighted average carcass weight of domestic cows. Although MICA supports the reduction of assessment levels for imported beef and beef products, MICA contends the basis for determining the assessment should not be the proposed 5-year weighted average carcass weight of all cows slaughtered in the U.S. under Federal inspection because imported beef is derived from a range of classes of stock, including steers, heifers and bulls as well as cows. The commenter recommended that the formula be based on a mix of cow and steer weights. Thus, MICA proposed that the carcass weight used to calculate the assessments on imported beef be based on a ratio of one-third (1/3) of the 5-year average carcass weight of steers and two-thirds (2/3) of the 5-year average carcass weight of cows which would result in an average carcass weight of approximately 663 pounds. While this does not take into account bulls and heifers, the commenter feels that the differences in these two classes would probably balance each other out and, thus, would not materially affect the calculation. USDA reviewed total imported beef and veal production on a carcass weight equivalent to identify the top 10 countries exporting to the United States in 2005. These countries accounted for more than 99 percent of U.S. beef and veal imports for that year. We then calculated the average carcass weight of cattle slaughtered in each country for the years 2000-2004 by dividing total beef production by the total number of cattle slaughtered. Based on our calculations, the average carcass weight of these 10 exporting countries was 592 pounds during this period, which is the same weight published in the proposed rule. In other words, accounting for all cattle (whether steers, heifers, cows, or bulls) produced by the leading countries from which the United States imports beef leads to the same carcass weight equivalent as that in the proposed rule. Using the recent 5-year average carcass weight of all domestic cows slaughtered in the U.S. under Federal inspection is very representative of the average carcass weight of for those countries importing to the U.S. Consequently, the comment is not adopted. While expressing general misgivings concerning the program, the second commenter suggested that the assessment rate should be increased to $10 per head. The Act provides that the assessment rate for live imported cattle be $1 per head. Consequently, this comment is not adopted. Accordingly, it is appropriate to use a 5-year average dressed weight of domestic cows slaughtered under Federal inspection of 592 pounds to calculate assessments on imported beef and beef products. List of Subjects in 7 CFR part 1260 Administrative practice and procedure, Advertising, Agricultural research, Marketing agreements, Meat and meat products, Beef, and Beef products. For the reasons set forth in the preamble, title 7 of the CFR part 1260 is amended as follows: PART 1260—BEEF PROMOTION AND RESEARCH 1. The authority citation for 7 CFR part 1260 continues to read as follows: Authority: 7 U.S.C. 2901-2911. 2. Paragraph (b)(2) of § 1260.172 is revised to read as follows: § 1260.172 Assessments.

(b)* * *

(2)The assessment rates for imported cattle, beef, and beef products are as follows: Imported Live Cattle HTS No. Assessment rate

(head)0102.10.0010 $1.00 0102.10.0020 1.00 0102.10.0030 1.00 0102.10.0050 1.00 0102.90.2011 1.00 0102.90.2012 1.00 0102.90.4024 1.00 0102.90.4028 1.00 0102.90.4034 1.00 0102.90.4038 1.00 0102.90.4054 1.00 0102.90.4058 1.00 0102.90.4062 1.00 0102.90.4064 1.00 0102.90.4066 1.00 0102.90.4068 1.00 0102.90.4072 1.00 0102.90.4074 1.00 0102.90.4082 1.00 0102.90.4084 1.00 Imported Beef and Beef Products HTS No. Assessment rate per kg 0201.10.0510 .01459542 0201.10.0590 .00379102 0201.10.1010 .01459542 0201.10.1090 .00379102 0201.10.5010 .01459542 0201.10.5090 .00511787 0201.20.0200 .00530743 0201.20.0400 .00511787 0201.20.0600 .00379102 0201.20.1000 .00530743 0201.20.3000 .00511787 0201.20.5000 .00379102 0201.20.8090 .00379102 0201.30.0200 .00530743 0201.30.0400 .00511787 0201.30.0600 .00379102 0201.30.1000 .00530743 0201.30.3000 .00511787 0201.30.5000 .00511787 0201.30.8090 .00511787 0202.10.0510 .01459542 0202.10.0590 .00379102 0202.10.1010 .01459542 0202.10.1090 .00370102 0202.10.5010 .01459542 0202.10.5090 .00379102 0202.20.0200 .00530743 0202.20.0400 .00511787 0202.20.0600 .00379102 0202.20.1000 .00530743 0202.20.3000 .00511787 0202.20.5000 .00379102 0202.20.8000 .00379102 0202.30.0200 .00530743 0202.30.0400 .00511787 0202.30.0600 .00527837 0202.30.1000 .00530743 0202.30.3000 .00511787 0202.30.5000 .00511787 0202.30.8000 .00379102 0206.10.0000 .00379102 0206.21.0000 .00379102 0206.22.0000 .00379102 0206.29.0000 .00379102 0210.20.0000 .00615701 1601.00.4010 .00473877 1601.00.4090 .00473877 1601.00.6020 .00473877 1602.50.0900 .00663428 1602.50.1020 .00663428 1602.50.1040 .00663428 1602.50.2020 .00701388 1602.50.2040 .00701388 1602.50.6000 .00720293 Dated: August 9, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E6-13477 Filed 8-15-06; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 13 [Docket No. FAA-2002-11483; Amendment No. 13-33] RIN 2120-AI52 Revisions to the Civil Penalty Inflation Adjustment Rule and Tables; Correction AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule, correction. SUMMARY: This document contains corrections to the preamble of final rule published in the **Federal Register** on May 16, 2006, (71 FR 28518) and an amendment to the regulatory language. That final rule implements adjustments to certain civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. DATES: This amendment becomes effective August 16, 2006. FOR FURTHER INFORMATION CONTACT: Joyce Redos, Office of the Chief Counsel, Enforcement Division, AGC-300, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone

(202)267-3137; facsimile

(202)267-5106; e-mail *joyce.redos@faa.gov.* SUPPLEMENTARY INFORMATION: Need for Correction The final rule document published in the **Federal Register** on May 16, 2006 (71 FR 28518), contains two errors in the preamble. In addition, the final column was omitted from Table One of the regulatory language and the dates in the two footnotes to Table Two should be the effective date of the rule, not the date of publication. This publication corrects the errors in the preamble and amends the regulatory language. In the May 16, 2006, **Federal Register** (FR Doc. 06-4524), make the following corrections to read as follows: 1. On page 28519, column 2, 10th line from the bottom, correct “insert effective date of rule” to read “June 15, 2006”. 2. On page 28519, column 3, 9th line from the bottom, remove the sentence beginning with the word “Based” and insert the following sentence to read “Based on a new inflation adjustment, as of June 15, 2006, the penalty is $11,000 per day.” List of Subjects in 14 CFR Part 13 Administrative practice and procedure, Air transportation, Hazardous materials transportation, Investigations, Law enforcement, Penalties. The Amendment In conclusion of the foregoing, the Federal Aviation Administration amends part 13 of Title 14, Code of Federal Regulations, as follows: PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 1. The authority citation continues to read as follows: Authority: 18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44702-44703, 44709-44710, 44713, 44718, 44725, 46101-46110, 46301-46316, 46318, 46501-46502, 46504-46507, 47106, 47111, 47122, 47306, 47531-47532. 2. Amend § 13.305 by revising Table 1 to read as follows: § 13.305 Cost of living adjustments of civil monetary penalties. Table 1.—Table of Mimimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Before December 12, 2003, and for Hazardous Materials Violations Before August 10, 2005 United States Code citation Civil monetary penalty description Mimimum penalty amount New adjusted mimimum penalty amount Maximum penalty amount when last set or adjusted pursuant to law New or adjusted maximum penalty amount 49 U.S.C. 5123(a) Violation of hazardous materials transportation law, regulation, or order $250 per violation, last set 1990 Same $30,000 per violation, adjusted 3/13/02 Same. 49 U.S.C. 46301(a)(1) Violation under 49 U.S.C. 46301(a)(1) N/A N/A $1,100 per violation, adjusted 1/21/1997 Same. 49 U.S.C. 46301(a)(2) Violations under 49 U.S.C. (a)(2)(A) or

(B)by a person operating an aircraft for the transportation of passengers or property for compensation (except an airman serving as an airman) N/A N/A $11,000 per violation, adjusted 1/21/1997 Same. 49 U.S.C. 46301(a)(3)(A) Violation under 498 U.S.C. 46301(a)(1) related to the transportation of hazardous materials N/A N/A $11,000 per violation, adjusted 1/21/1997 Same. 49 U.S.C. 46301(a)(3)(B) Violation related to the registration or recordation under 49 U.S.C. chapter 441 of an aircraft not used to provide air transportation N/A N/A $11,000 per violation, adjusted 1/21/1997 Same. 49 U.S.C. 46301(a)(3)(C) Violation of 49 U.S.C. 44718(d) relating to limiting construction or establishment of landfills N/A N/A $10,000 per violation, set 10/9/1996 Same. 49 U.S.C. 46301(a)(3)(D) Violation of 49 U.S.C. 44725 relating to the safe disposal of life-limited aircraft parts N/A N/A $10,000, set 4/5/2000 Same. 49 U.S.C. 46301(a)(5) Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133 N/A N/A Increase above otherwise applicable maximum amount not to exceed 3 times the amount of revenues that are used in violation of such section Same. 49 U.S.C. 46301(b) Tampering with a smoke alarm device N/A N/A $2,200, adjusted 1/21/1997 Same. 49 U.S.C. 46302(a) Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States N/A N/A $11,000, adjusted 1/21/1997 Same. 49 U.S.C. 46303 Carrying a concealed dangerous weapon N/A N/A $11,000, adjusted 1/21/1997 Same. 49 U.S.C. 46318 Interference with cabin or flight crew N/A N/A $25,000, set 4/5/2000 Same. 49 U.S.C. 47531 Violation of 49 U.S.C. 47528-47530 relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels N/A N/A See 49 U.S.C. 46301(a)(1) and (a)(2), above Same. 1 FAA prosecutes violations under this section that occurred before February 17, 2002. 3. Amend § 13.305 by revising the footnotes to Table 2 to read as follows: § 13.305 Cost of living adjustments of civil monetary penalties. Table 2.—Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring On or After December 12, 2003 * * * * * 1 The maximum penalty for a violation from 12/12/2003 until 6/15/2006 is $10,000. 2 The maximum penalty for a violation from 4/5/2000 until 6/15/2006 is $25,000. Dated: Issued in Washington, DC on August 11, 2006. Rebecca McPherson, Assistant Chief Counsel. [FR Doc. 06-6953 Filed 8-15-06; 8:45 am]

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