Unknown. Final rule

9,184 words·~42 min read·/register/2006/08/24/06-7159

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-2006-08-24.xml --- 71 164 Thursday, August 24, 2006 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Food and Nutrition Service See Forest Service Air Force Air Force Department NOTICES Environmental statements; notice of intent: Cannon Air Force Base, NM, et al.; air combat command transfer, 50048-50049 E6-14031 Animal Animal and Plant Health Inspection Service RULES Overtime services relating to imports and exports:

Agricultural and quarantine inspection services; user fees adjustment, 49984-49986 E6-14041 NOTICES Environmental statements; availability, etc.: Fowl Laryngotracheitis-Marek's Disease Vaccine, Serotype 3, Live Marek's Disease Vector; field testing, 50026-50027 E6-14040 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: Mittal Steel Co. N.V., 50084-50097 06-7090 Centers Centers for Disease Control and Prevention NOTICES Meetings:

National Center for Environmental Health/Agency for Toxic Substances and Disease Registry— Scientific Counselors Board, 50064-50065 E6-14032 Organization, functions, and authority delegations: Dispute Resolution and Equal Opportunity Office, 50065 06-7117 Reports and guidance documents; availability, etc.: Influenza vaccines; vaccine information statements; update and revised instructions for use, 50065-50066 E6-14030 Children Children and Families Administration NOTICES Meetings:

People with Intellectual Disabilities, President's Committee, 50066-50067 E6-13996 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Connecticut River, Cromwell, CT, 49995-49997 E6-14069 Patapsco River, Northwest and Inner Harbors, Baltimore, MD, 49993-49995 E6-14071 PROPOSED RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: York River, Yorktown, VA, 50009-50011 E6-14062 NOTICES Agency information collection activities; proposals, submissions, and approvals, 50078-50080 E6-14060 E6-14061 Commerce Commerce Department See National Oceanic and Atmospheric Administration See Patent and Trademark Office Consumer Consumer Product Safety Commission PROPOSED RULES Consumer Product Safety Act:

Portable generators; labeling requirements, 50003-50007 06-7069 Defense Defense Department See Air Force Department See Navy Department PROPOSED RULES Federal Acquisition Regulation (FAR): Internet Protocol Version 6 requirement, 50011-50012 06-7126 Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements: Ahiles, Peter A., 50097-50099 E6-14050 Michael's Discount Pharmacy, 50099-50100 E6-14049 Oakland Medical Pharmacy, 50100-50102 E6-14045 Sujak Distributors, 50102-50105 E6-14048 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 50049-50050 E6-14046 Electricity export and import authorizations, permits, etc.:

EPCOR Merchant and Capital

(US)Inc., 50050-50051 E6-14044 Environmental statements; availability, etc.: Orlando Gasification Project, FL; public hearings, 50051-50052 06-7093 Energy Energy Efficiency and Renewable Energy Office NOTICES Reports and guidance documents; availability, etc.: Carbon nanotubes for on-board hydrogen storage systems; go/no-go decision; position papers, 50052-50054 E6-14047 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Montana, 49999-50001 E6-14052 NOTICES Reports and guidance documents; availability, etc.: Brake and clutch repair workers; asbestos exposure prevention; current best practices brochure, 50060-50062 E6-14057 Water supply: Public water system supervision program— Utah, 50062-50063 E6-14051 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency RULES CFR; removal of part, 49986-49987 06-7159 FAA Federal Aviation Administration RULES Airworthiness standards: Special Conditions— Avcon Industries, Inc.; Learjet Model 23 series airplanes, 49987-49989 E6-13995 NOTICES Meetings: Government/Industry Aeronautical Charting Forum, 50111-50112 06-7111 RTCA, Inc., 06-7110 50112-50113 06-7112 06-7113 Reports and guidance documents; availability, etc.: Airworthiness directives and special airworthiness information bulletins; policy change, 50113-50114 06-7114 FCC Federal Communications Commission RULES Radio stations; table of assignments: Missouri, 50001 E6-13747 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 50063 06-7162 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 50058-50059 E6-14008 Environmental statements; availability, etc.: CenterPoint Energy Gas Transmission Co., 50059-50060 E6-14012 *Applications, hearings, determinations, etc.:* BP Energy Co. et al., 50054 E6-14013 Columbia Gas Transmission Corp., 50054-50055 E6-14009 Discovery Gas Transmission LLC, 50055 E6-14015 Dominion Cove Point LNG, LP, et al., 50055 E6-14019 El Paso Natural Gas Co., 50055-50056 E6-14016 Evergreen Wind Power, LLC, 50056 E6-14014 Florida Gas Transmission Co., 50056 E6-14010 Northern Natural Gas Co., 50057 E6-14011 Transcontinental Gas Pipe Line Corp., 50057 E6-14017 Trunkline Gas Co., LLC, 50057-50058 E6-14018 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50114-50115 E6-14068 Reports and guidance documents; availability, etc.: Safe, Accountable, Flexible, Efficient Transportation Equity Act— New bridge construction and bridge rehabilitation projects; construction materials used; annual report; correction, 50115 E6-14070 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Brokers and freight forwarders of non-household goods; registration, 50115-50117 E6-14064 Federal Railroad Federal Railroad Administration PROPOSED RULES Railroad safety: Passenger equipment safety standards— Emergency systems, 50276-50313 06-7099 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 50063-50064 E6-14066 Formations, acquisitions, and mergers, 50064 E6-14067 Fish Fish and Wildlife Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Makhnati Island area; subsistence management jurisdiction, 49997-49999 06-7119 PROPOSED RULES Migratory bird hunting: Seasons, limits, and shooting hours; establishment, etc., 50224-50247 06-7027 Migratory birds; revised list, 50194-50221 06-7001 NOTICES Environmental statements; availability, etc.: Incidental take permits— Baldwin County, AL; Alabama beach mouse, 50082-50083 E6-14029 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50067-50068 E6-14056 Grants and cooperative agreements; availability, etc.: Food Safety and Security Monitoring Project—Radiological Health, 50068-50072 06-7124 Memorandum of understanding: FDA, National Cancer Institute and National Institute of Standards and Technology; facilitating nanotechnology development, 50072-50077 06-7127 Food Food and Nutrition Service PROPOSED RULES Food distribution programs: Processing of donated foods, 50250-50273 06-7073 Forest Forest Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Makhnati Island area; subsistence management jurisdiction, 49997-49999 06-7119 NOTICES Meetings: Resource Advisory Committee— Crook County, 50027 06-7118 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Internet Protocol Version 6 requirement, 50011-50012 06-7126 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration NOTICES Scientific misconduct findings; administrative actions: Zhu, Kui, 50064 E6-14054 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals:, E6-13993 50081-50082 E6-13994 Indian Indian Affairs Bureau NOTICES Meetings: Exceptional Children Advisory Board, 50083-50084 E6-14055 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Meetings: Invasive Species Advisory Committee, 50082 06-7135 IRS Internal Revenue Service RULES Income taxes: Income attributable to domestic production activities Correction, 49992 E6-14005 Real estate mortgage investment conduit residual interests; REMIC net income accounting Correction, 49992 E6-14000 PROPOSED RULES Income taxes: Capital asset exclusion for accounts and notes receivable Correction, 50007 E6-14003 S corporations— Effect of election on corporation, 50007-50009 E6-14004 NOTICES Meetings: Taxpayer Advocacy Panels, E6-13999 E6-14001 50118-50119 E6-14006 Justice Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Pollution control; consent judgments: University of Miami, 50084 06-7106 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Dakotas, 50084 E6-14027 NASA National Aeronautics and Space Administration RULES Practice and procedure: Information release; news and information media, 49989-49992 E6-13980 PROPOSED RULES Federal Acquisition Regulation (FAR): Internet Protocol Version 6 requirement, 50011-50012 06-7126 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 50002 06-7123 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Amendment 26; reef fish resources of the Gulf of Mexico, 50012-50025 06-7122 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Beaufort and Chukchi Seas, AK; marine geophysical program including deep seismic surveys; several species, 50027-50045 06-7121 Meetings: New England Fishery Management Council, 50045-50047 E6-13988 E6-13989 E6-13991 North Pacific Fishery Management Council, 50047 E6-13990 Pacific Fishery Management Council, 50047-50048 E6-13992 Navy Navy Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Omega Sensors, Inc., 50049 E6-14028 Tessarae Inc., 50049 E6-14026 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Duke Power Co. LLC, 50105-50106 E6-14039 Occupational Occupational Safety and Health Administration RULES Safety and health standards, etc.: Respiratory protection— Assigned protection factors, 50122-50192 06-6942 Patent Patent and Trademark Office NOTICES Reports and guidance documents; availability, etc.: Draft strategic plan (2007-2012), 50048 E6-14074 Personnel Personnel Management Office RULES Personnel management: Employee surveys, 49979-49983 E6-14037 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Women's Equality Day (Proc. 8040), 50315-50318 06-7179 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 50106-50109 E6-14022 E6-14023 E6-14024 Meetings; Sunshine Act, 50109-50110 06-7177 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 50110-50111 E6-14025 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 50080-50081 E6-14072 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-13997 50117-50118 E6-13998 E6-14042 Separate Parts In This Issue Part II Labor Department, Occupational Safety and Health Administration, 50122-50192 06-6942 Part III Interior Department, Fish and Wildlife Service, 50194-50221 06-7001 Part IV Interior Department, Fish and Wildlife Service, 50224-50247 06-7027 Part V Agriculture Department, Food and Nutrition Service, 50250-50273 06-7073 Part VI Transportation Department, Federal Railroad Administration, 50276-50313 06-7099 Part VII Executive Office of the President, Presidential Documents, 50315-50318 06-7179 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. 71 164 Thursday, August 24, 2006 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 250 RIN 3206-AK77 Personnel Management in Agencies—Employee Surveys AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing final regulations implementing mandatory employee surveys as required by the National Defense Authorization Act for Fiscal Year 2004. The regulations add a new subpart which requires agencies to conduct an annual survey of their employees. In addition, the final regulations provide a list of questions that must appear in each agency's employee survey. DATES: *Effective Date:* This rule is effective on January 1, 2007. FOR FURTHER INFORMATION CONTACT: For information on the survey questions, contact Julie Brill by phone on 202-606-5067, by FAX on 202-606-1399, or by e-mail at *julie.brill@opm.gov.* For all other information, contact Hakeem Basheerud-Deen by phone on 202-606-1434, by FAX on 202-606-2329, or by e-mail at *hakeem.basheerud-deen@opm.gov.* You may contact Ms. Brill and Mr. Basheerud-Deen by TTY on 202-418-3134. SUPPLEMENTARY INFORMATION: Requiring Annual Employee Surveys Section 1128 of the National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136, 5 U.S.C. 7101 note) requires each agency to conduct an annual survey of its employees “to assess—

(1)Leadership and management practices that contribute to agency performance; and

(2)Employee satisfaction with—

(A)Leadership policies and practices;

(B)Work environment;

(C)Rewards and recognition for professional accomplishment and personal contributions to achieving organizational mission;

(D)Opportunity for professional development and growth; and

(E)Opportunity to contribute to achieving organizational mission.” Prescribing Certain Survey Questions The law requires OPM to “issue regulations prescribing survey questions that should appear on all agency surveys.” In addition, the law requires agencies to make the survey results available to the public and post the results on their Web sites, unless the head of the agency determines that doing so would jeopardize or negatively impact national security. Discussion of Comments On September 16, 2005, OPM issued proposed regulations at 70 FR 54658 and requested comments by October 17, 2005. OPM received written comments from seven agencies, three non-profit organizations, three labor unions, one academic institution, and nine individuals. Generally, the comments were very supportive of the proposed regulations. Below we summarize and respond to comments that suggested changes or recommended clarification. Survey Administration One agency recommended OPM exempt small agencies with fewer than 1000 employees from the survey requirement. As an alternative to full exemption, this agency recommended OPM consider exempting these agencies in the years when the Federal Human Capital Survey is not administered by OPM. This agency commented the costs involved in survey administration are too great for small agencies. OPM did not adopt this agency's primary or alternative recommendation regarding the exemption of small agencies. While OPM appreciates the financial impact that all agencies must take into consideration when administering the employee survey, we note that the law has defined the jurisdiction of these regulations as all executive agencies and, therefore, must include small agencies in this requirement. Another agency commented it would be more cost-efficient for OPM to administer the annual survey for all Federal agencies than each agency administering on its own. OPM disagrees because the law requires each Federal agency to conduct an annual employee survey. Each agency has the flexibility to administer the employee survey in a manner that meets its objectives. In years when OPM administers the Federal Human Capital Survey

(FHCS)it will include the items in subpart C. Agencies participating in the FHCS will satisfy the annual survey requirement for any year in which the FHCS is conducted if all major components are represented in the FHCS. It is the agency's responsibility to ensure all major components are represented in the results because the law does not exclude different segments of agencies, even if they are not reported to OPM's Central Personnel Data File (e.g., intelligence employees). As a result, agencies may need to supplement their FHCS results with survey results from employees not sampled by the FHCS. Two labor unions, three non-profit organizations, and one academic institution suggested OPM provide one or more survey administration options agencies can pursue. As noted in the preceding paragraph, agencies have several survey administration options. Additionally, these same entities recommended OPM add to the regulation a statement prescribing agencies to administer their surveys between September 1 and December 31, thus ensuring data comparability. OPM does not agree with this recommendation. We believe agencies should have the flexibility to administer the employee survey according to mission requirements. One agency suggested OPM extend the data collection date to January 31 because of the impact on agencies' abilities to meet the requirements related to the Office of Management and Budget's Proud-to-be-Three Goals. OPM did not adopt this suggestion noting that agencies have a 12-month window to meet the survey requirements. We believe this timeframe will not cause undue hardship on agencies. Another agency recommended OPM provide a clear statement of why employees are being asked the questions in these surveys. The Act clearly states the purpose is to assess employee satisfaction and leadership and management practices that contribute to agency performance. OPM is issuing these regulations and the required items in accordance with the legislation. One individual requested that OPM mandate followup action to hold agencies accountable for the results of the survey. While OPM agrees that followup action should be an integral part of an agency's survey process, it is beyond the scope of this regulation for OPM to mandate such action because the law only authorizes OPM to issue regulations prescribing survey questions. However, OPM will provide supplemental guidance to agencies on potential followup actions and the use of results from the employee surveys on our Web site at *http://www.opm.gov.* Two agencies conducting employee surveys for the past several years expressed concern this new requirement may have a negative impact upon the progress these agencies have made in their survey programs. These agencies wish to continue to use their agency-specific surveys and not participate in the required annual survey. OPM notes this requirement is mandated by law and agencies must participate. However, an agency can append the required items to an existing survey, or collect data from a small, statistically valid sample (OPM will provide supplemental guidance on sampling on our Web site at *http://www.opm.gov* ) with minimal or no impact on an existing program. We commend those agencies that have developed and refined agency-specific surveys that meet their goals. Survey Content One agency commented on the lack of reference points and/or definitions of key terms for agencies and survey respondents. This agency suggested OPM provide a definition of the concepts/terms in context with the questions being asked (e.g., manager, supervisor, organization). OPM agrees that providing a definition of the key terms used in the annual survey will give agencies and respondents a clearer understanding of the questions. We have modified section 250.301 to include a definition of the terms *agency, executives, managers, supervisors, team leaders, leaders, work unit,* and *organization.* The definitions of these terms are consistent with their use in OPM's Federal Human Capital Survey. In addition, we have renumbered the subsequent sections of this regulation to ensure uniformity. OPM received multiple comments and suggestions on additions to, and deletions from, the proposed list of survey items. These comments suggested various constructs were not covered in the items, or were not covered well, including: pay-for-performance; nepotism; favoritism; waste and fraud; managerial performance; employee involvement in decision-making; an agency's adherence to Federal laws, rules, regulations, and accepted employment practices (particularly as they relate to working through unpaid lunch time); and leadership competencies. While OPM notes agencies maintain flexibility to expand their own surveys and add agency-specific items, we revisited the proposed list of survey items to ensure coverage of the legislated constructs. As a result, OPM is adding the following items: 5. I have trust and confidence in my supervisor. 12. Supervisors/team leaders in my work unit support employee development. 13. My talents are used well in the workplace. 14. My training needs are assessed. 18. In my most recent performance appraisal, I understood what I had to do to be rated at different performance levels (e.g., Fully Successful, Outstanding). 20. Pay raises depend on how well employees perform their jobs. 24. My supervisor supports my need to balance work and family issues. 29. Employees have a feeling of personal empowerment with respect to work processes. 30. My workload is reasonable. 31. Managers communicate the goals and priorities of the organization. 33. How satisfied are you with the information you receive from management on what's going on in your organization? 35. How satisfied are you with your opportunity to get a better job in your organization? One agency recommended OPM provide a “Do Not Know”

(DNK)option for all items while an individual suggested OPM remove the DNK option. This individual suggested the practice of comparing dissimilar data is not consistent with scientific methodology. OPM disagrees, noting it is appropriate to leave out the DNK option when an employee clearly should have an opinion and should provide one. For example, all employees have opinions about certain benefits, such as pay, so it would be appropriate to leave out the DNK option on questions pertaining to it (e.g., Question 40, “Considering everything, how satisfied are you with your pay?”) It should be noted response options for the required items are consistent with prior administrations of the items in the Federal Human Capital Survey. One individual stated the survey questions are biased and provide responses favorable to management. This individual indicated unions should be given the opportunity to provide their own set of questions, which can be appended to the management survey, and data should be collected by unbiased agency representatives to guard against management “skewing the data” in their favor. OPM disagrees the items are biased. Results from the Federal Human Capital Survey range from very positive to much less positive. Additionally, several unions have indicated they are in favor of OPM's proposed set of items. Finally, agencies can expand their own survey and add agency-specific items, and have the option to have a third party collect their data. Another individual commented that item 19 in the proposed rule; “In my organization, leaders generate high levels of motivation and commitment in the workforce” captures the Senior Executive Service Executive Core Qualification

(ECQ)“Leading People” while the other four ECQs are not captured. This individual recommends OPM include items to capture all the ECQs. OPM did not adopt this recommendation noting the survey items are not intended to measure qualifications, but rather managerial and leadership practices. Agency Web Sites Three labor unions, three non-profit organizations, and one academic institution suggested OPM change the requirement for agencies to post survey results to their Web sites from 120 days to 90 days after an agency completes survey administration each year. OPM did not adopt this suggestion because we believe a shorter timeframe would create an undue hardship on many agencies, especially large departments that may have to compile results from their different components. Additionally, these same entities suggested OPM post all survey results on OPM's Web site, while one agency suggested OPM make survey results available to the Federal community in odd-numbered years. We did not adopt this suggestion noting the Act requires agencies, not OPM, to post results on their own Web sites. In addition, agencies have the flexibility to add items to their surveys, and therefore, survey results may be unique to each specific agency. Data Reporting Three labor unions, three non-profit organizations, and one academic institution suggested OPM require all survey data be reported as weighted data, if applicable. OPM did not adopt this suggestion noting it would be a burden to require agencies to weight their data. However, OPM suggests agencies evaluate their data for representativeness, and will provide supplemental guidance on processes and procedures for doing so. To allow for such evaluations, OPM is adding the following demographic items for agencies with 800 or more employees to assist in evaluating representativeness: supervisory status, gender, ethnicity, race, and agency subcomponent. Agencies with fewer than 800 employees are exempt from this requirement. We are including this exemption in section 250.302 in an attempt to protect the anonymity of respondents in small agencies. Small agencies who wish to add demographics to their survey may do so if they wish to evaluate representativeness of the survey responders. These demographic items will be listed as items 41 through 45, respectively. Guidance Several individuals and agencies submitted questions and requests for guidance on administering, analyzing, and reporting on the annual employee surveys. To assist agencies in their compliance with these rules, OPM will provide supplemental guidance on our Web site to include frequently asked questions and answers, instructions on sampling and administration, evaluating representativeness, followup actions, and strategies for using survey results to effect change in various human capital initiatives, at *http://www.opm.gov* . Regulatory Flexibility Act I certify this regulation will not have a significant economic impact on a substantial number of small entities because it will only apply to Federal agencies and employees. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. List of Subjects in 5 CFR Part 250 Authority delegations (Government agencies), Government employees. Office of Personnel Management. Linda M. Springer, Director. Accordingly, OPM is amending 5 CFR part 250, as follows: PART 250—PERSONNEL MANAGEMENT IN AGENCIES 1. The authority citation is revised to read as follows: Authority: 5 U.S.C. 1101 note, 1103(a)(5), 1104, 1302, 3301, 3302, 7101 note; E.O. 13197, 66 FR 7853, 3 CFR 748 (2002); E.O. 10577, 12 FR 1259, 3 CFR, 1954-1958 Comp., p. 218. Subpart B—[Added and Reserved] 2. Add and reserve subpart B. 3. Add subpart C to read as follows: Sec. Subpart C—Employee Surveys 250.301 Definitions. 250.302 Survey requirements. 250.303 Availability of results. § 250.301 Definitions. Subpart C—Employee Surveys In this part— *Agency* means an executive agency as defined in 5 U.S.C. 105. *Executives* are members of the Senior Executive Service or equivalent. *Leaders* are an agency's management team. This includes anyone with supervisory or managerial duties. *Managers* are those individuals in management positions who typically supervise one or more supervisors. *Organization* means an agency, office, or division. *Supervisors* are first-line supervisors who do not supervise other supervisors; typically those who are responsible for employees' performance appraisals and approval of their leave. *Team leaders* are those who provide employees with day-to-day guidance in work projects, but do not have supervisory responsibilities or conduct performance appraisals. *Work unit* means an immediate work unit headed by an immediate supervisor. § 250.302 Survey requirements.

(a)Each executive agency must conduct an annual survey of its employees containing the definitions and each question in this subpart.

(b)Each executive agency may include survey questions unique to the agency in addition to the prescribed employee survey questions under paragraph

(c)of this section.

(c)The definitions and 45 prescribed employee survey questions and response choices are listed in the following tables: Key terms Definitions Agency An executive agency as defined in 5 U.S.C. 105. Executives Members of the Senior Executive Service or equivalent. Leaders An agency's management team. This includes anyone with supervisory or managerial duties. Managers Those individuals in management positions who typically supervise one or more supervisors. Organization An agency, office, or division. Supervisors First-line supervisors who do not supervise other supervisors; typically those who are responsible for employees' performance appraisals and approval of their leave. Team leaders Those who provide employees with day-to-day guidance in work projects, but do not have supervisory responsibilities or conduct performance appraisals. Work unit An immediate work unit headed by an immediate supervisor. Employee survey questions Employee response choices Personal Work Experiences

(1)The people I work with cooperate to get the job done Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, or Strongly Disagree.

(2)I am given a real opportunity to improve my skills in my organization Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, or Strongly Disagree.

(3)My work gives me a feeling of personal accomplishment Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, or Strongly Disagree.

(4)I like the kind of work I do Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, or Strongly Disagree.

(5)I have trust and confidence in my supervisor Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, or Strongly Disagree.

(6)Overall, how good a job do you feel is being done by your immediate supervisor/team leader? Very Good, Good, Fair, Poor, or Very Poor. Recruitment, Development & Retention

(7)The workforce has the job-relevant knowledge and skills necessary to accomplish organizational goals Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(8)My work unit is able to recruit people with the right skills Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(9)I know how my work relates to the agency's goals and priorities Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(10)The work I do is important Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(11)Physical conditions (for example, noise level, temperature, lighting, cleanliness in the workplace) allow employees to perform their jobs well Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(12)Supervisors/team leaders in my work unit support employee development Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(13)My talents are used well in the workplace Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(14)My training needs are assessed Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know. Performance Culture

(15)Promotions in my work unit are based on merit Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(16)In my work unit, steps are taken to deal with a poor performer who cannot or will not improve Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(17)Creativity and innovation are rewarded Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(18)In my most recent performance appraisal, I understood what I had to do to be rated at different performance levels (e.g., Fully Successful, Outstanding) Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or No Basis to Judge.

(19)In my work unit, differences in performance are recognized in a meaningful way Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(20)Pay raises depend on how well employees perform their jobs Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree or Do Not Know.

(21)My performance appraisal is a fair reflection of my performance Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(22)Discussions with my supervisor/team leader about my performance are worthwhile Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(23)Managers/supervisors/team leaders work well with employees of different backgrounds Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(24)My supervisor supports my need to balance work and family issues Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know. Leadership

(25)I have a high level of respect for my organization's senior leaders Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(26)In my organization, leaders generate high levels of motivation and commitment in the workforce Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(27)Managers review and evaluate the organization's progress toward meeting its goals and objectives Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(28)Employees are protected from health and safety hazards on the job Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(29)Employees have a feeling of personal empowerment with respect to work processes Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(30)My workload is reasonable Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(31)Managers communicate the goals and priorities of the organization Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know.

(32)My organization has prepared employees for potential security threats Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly Disagree, or Do Not Know. Job Satisfaction

(33)How satisfied are you with the information you receive from management on what's going on in your organization? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, or Very Dissatisfied.

(34)How satisfied are you with your involvement in decisions that affect your work? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, or Very Dissatisfied.

(35)How satisfied are you with your opportunity to get a better job in your organization? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, or Very Dissatisfied.

(36)How satisfied are you with the recognition you receive for doing a good job? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, or Very Dissatisfied.

(37)How satisfied are you with the policies and practices of your senior leaders? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, or Very Dissatisfied.

(38)How satisfied are you with the training you receive for your present job? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, or Very Dissatisfied.

(39)Considering everything, how satisfied are you with your job? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, or Very Dissatisfied.

(40)Considering everything, how satisfied are you with your pay? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, or Very Dissatisfied. Demographics (for agencies with 800 or more employees)

(41)What is your supervisory status? a. Non-Supervisor: You do not supervise other employees. b. Team Leader: You are not an official supervisor; you provide employees with day-to-day guidance in work projects, but do not have supervisory responsibilities or conduct performance appraisals. c. Supervisor: You are responsible for employees' performance appraisals and approval of their leave, but you do not supervise other supervisors. d. Manager: You are in a management position and supervise one or more supervisors. e. Executive: Member of the Senior Executive Service or equivalent.

(42)Are you a. Male. b. Female.

(43)Are you Hispanic or Latino? a. Yes. b. No.

(44)Please select the racial category or categories with which you most closely identify (Please select one or more) a. White. b. Black or African American. c. Native Hawaiian or other Pacific Islander. d. Asian. e. American Indian or Alaska Native.

(45)What is your agency subcomponent? (If Applicable) An agency provided list of major divisions, bureaus, or other components one level below the agency/department. § 250.303 Availability of results.

(a)Each agency will make the results of its annual survey available to the public and post the results on its Web site, unless the agency head determines that doing so would jeopardize or negatively impact national security. The posted survey results will include the following:

(1)The agency's evaluation of its survey results;

(2)How the survey was conducted;

(3)Description of the employee sample, unless all employees are surveyed;

(4)The survey questions and response choices with the prescribed questions identified;

(5)The number of employees surveyed and number of survey respondents; and

(6)The number of respondents for each survey question and each response choice.

(b)Data must be collected by December 31 of each calendar year. Each agency must post the beginning and ending dates of its employee survey and either the survey results described in paragraph

(a)of this section or a statement noting the decision not to post no later than 120 days after the agency completes survey administration. OPM may extend this date under unusual circumstances.

(c)Each agency must submit its survey results to OPM no later than 120 days after the agency completes survey administration. [FR Doc. E6-14037 Filed 8-23-06; 8:45 am] BILLING CODE 6325-39-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 354 [Docket No. 04-042-2] RIN 0579-AB88 User Fees for Agricultural Quarantine and Inspection Services AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the user fee regulations by adjusting the fees charged for certain agricultural quarantine and inspection

(AQI)services that are provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States. Prior to the interim rule, user fees had not been adjusted since October 1, 2001. Due to the events of September 11, 2001, and the resulting increased security concerns, a greater volume and variety of cargo entering the United States is being inspected. We determined that the fee adjustments were needed to recover the costs of this increased inspection activity and to account for routine inflationary increases in the cost of doing business. The adjusted AQI user fees cover fiscal years 2005 through 2010. DATES: Effective on August 24, 2006, we are adopting as a final rule the interim rule that became effective on January 1, 2005. FOR FURTHER INFORMATION CONTACT: For information concerning program operations, contact Mr. William E. Thomas, Director, Quarantine Policy, Analysis and Support Staff, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1236; 301-734-8295. For information concerning rate development, contact Ms. Donna Ford, Branch Chief, Financial Services Branch, FMD, MRPBS, APHIS, 4700 River Road Unit 55, Riverdale, MD 20737-1232,

(301)734-5901. SUPPLEMENTARY INFORMATION: Background In an interim rule published in the **Federal Register** on December 9, 2004 (69 FR 71660-71683, Docket No. 04-042-1), and effective on January 1, 2005, we amended the user fee regulations in 7 CFR part 354 by adjusting the fees charged for certain agricultural quarantine and inspection

(AQI)services that are provided by the Animal and Plant Health Inspection Service (APHIS) and the Customs and Border Protection

(CBP)Bureau of the Department of Homeland Security in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States. Prior to the interim rule, user fees had not been adjusted since October 1, 2001. Due to the events of September 11, 2001, and the resulting increased security concerns, a greater volume and variety of cargo entering the United States is being inspected. We determined that the fee adjustments were needed to recover the costs of this increased inspection activity and to account for routine inflationary increases in the cost of doing business. The adjusted AQI user fees cover fiscal years 2005 through 2010. We solicited comments on the interim rule for 60 days ending on February 7, 2005. We received 315 comments by that date. The comments were from individuals, an air courier, trade associations representing airlines and air couriers, and State governments. The comments are discussed below by topic. A number of commenters argued that instead of raising user fees, we should cut costs by increasing efficiency, outsourcing, or employing new technologies. We are constantly working to improve our efficiency and cut costs. Since border inspection is a core Federal Government responsibility, we do not view outsourcing inspectors' functions as a viable way of accomplishing either goal. We have taken steps to reduce our personnel-related expenditures, however, thereby reducing the costs of inspection. These steps have included using lower-grade employees to perform certain tasks when doing so would not compromise effectiveness, and implementing shift work to reduce our overtime costs. The use of X-ray technology, the Internet, online databases, and specially trained detector dogs has helped make our inspection and clearance processes more efficient. Nevertheless, the costs of providing AQI services do rise from year to year due to inflation, and, as we noted in the supplementary information section of the December 2004 interim rule, increased security concerns have resulted in inspectors having to inspect a greater volume of cargo entering the United States and a greater variety of types of cargo than they did before September 11, 2001. The user fee increases that were provided for in the interim rule were necessary to enable us to recover the full costs of maintaining the AQI program. Many commenters argued that by increasing our AQI user fees, we were actually imposing a “stealth tax increase.” It was further argued by some of these commenters that since only Congress has the right to raise taxes, our fee increases were thus unconstitutional. We do not agree with this comment. A tax is money paid by the general public to support general Government operations. A user fee is money paid for a specific Government service by the beneficiary of that service and is designed to recover the costs of providing that service. The AQI user fees covered by the interim rule are intended to recover the costs of providing AQI services for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and airline passengers and are paid by commercial vessel companies, commercial truck drivers, commercial railroad companies, commercial airlines, and international airline passengers. As such, our AQI user fees are user fees and not taxes. We have congressional authority to collect these fees. The Food, Agriculture, Conservation and Trade Act of 1990, as amended, authorizes the Secretary of Agriculture to prescribe and collect fees to cover the cost of providing the AQI services covered by the interim rule. A commenter suggested that APHIS should have engaged in a public deliberative process prior to the rulemaking, consulting the aviation industry and the general public. The commenter also recommended that we create a user fee advisory committee to deliberate on future user fee changes and AQI expenditures. We welcome the submission of information at any time that would help us contain costs or enhance our efficiency. We published the December 2004 rule as an interim rather than a proposed rule in response to an emergency funding situation. The aviation industry and the general public did have an opportunity to comment on the interim rule following its publication. The fees in effect previously were not sufficient to allow us to recover our costs fully, and without immediate fee adjustments, the AQI accounts would have gone into deficit status, which could have resulted in an interruption of services. The interim rule ensured the adequate funding and continued operation at necessary levels of CBP and APHIS activities vital to preventing the introduction of plant and animal pests and diseases into the United States. Some commenters expressed the view that a 25-percent reserve in each AQI account was excessive. It was suggested that 10 to 15 percent might be a more reasonable figure. We have determined that a reasonable reserve is one quarter of the annual costs of providing an AQI service. A 25-percent reserve is needed to ensure continuity of AQI services in cases of fluctuations in activity volumes. For example, following the September 11, 2001, terrorist attacks, there was a significant drop in international passenger travel, and several airlines filed for bankruptcy protection. The volume decrease in air travel led to a significant drop in AQI user fee collections for commercial aircraft and international air passengers. In order for us to continue the AQI programs for commercial aircraft and international air passengers through that uncertain time, we relied heavily on our 25-percent reserve. Without a sufficient reserve balance in place, experienced full-time personnel would have been furloughed and services reduced. As volumes returned to normal levels, the AQI program would have needed to recruit, replace, and/or rehire these furloughed employees. This disruptive and costly process would have increased the cost of AQI services and, consequently, would have necessitated higher user fees than those provided for in the interim rule. There would also have been an increased risk of the introduction of harmful plant pests and the possible establishment of those pest populations in the United States, potentially resulting in additional costs related to containing and/or eradicating such pests. The 25-percent reserve also allows for some growth in the AQI program should APHIS find it necessary to increase its inspection workforce and the number of inspections conducted due to an increase in the demand for service. An adequate reserve enables us to enhance inspection technology in order to better protect the United States from agricultural pests and diseases. A 25-percent reserve is also needed should it become necessary to shut down an AQI program completely, in which case we would need to have funding available to cover 3 months of operating expenses while the program is being shut down. A final reason for maintaining a 25-percent reserve, though not applicable to all AQI services, is the lag in AQI user fee collections. Payments are made into AQI user fee accounts for commercial aircraft and international airline passengers on a quarterly basis, with monies not remitted to APHIS until 1 month after the end of the quarter in which they were collected. Since the fourth-quarter fees are not due, and therefore not received, until after the fiscal year is over, we are not able to use those funds to pay for providing AQI services for commercial airlines and international air passengers in the fiscal year in which they are earned. Therefore, we need to maintain the reserve fund at the 25-percent level in order to continue to cover the costs of administering those AQI services for the remainder of the fiscal year while waiting for the fourth-quarter revenues. A commenter claimed that it was difficult to evaluate the justifications for the increases in fees presented in the supplementary information section of the December 2004 interim rule because there was an insufficient level of detail regarding direct and distributable costs and their allocation. The commenter requested information on the number of airport inspector positions paid for by the preexisting and the adjusted user fees, citing the lack of such a comparison in the interim rule as an example of the insufficient level of detail presented therein. The supplementary information section of the interim rule did, in fact, include an extensive discussion of AQI program costs and the methods by which they are calculated. The section also included a presentation, in tabular form, of our projected costs for fiscal years 2005 through 2010. As explained in the interim rule, AQI staffing increased by approximately one-third between September 11, 2001, and the publication of that rule in December 2004. The user fee increases contained in the interim rule covered the positions added during that period, but did not provide funding for the hiring of any additional airport inspectors or other AQI staff. One commenter argued that the interim rule did not take into account the increased productivity and cost savings that should have resulted from the consolidation of AQI functions formerly carried out by APHIS into CBP. The commenter also stated that the information provided in the interim rule did not demonstrate that actual benefits from consolidation, information sharing, cross training, and increased staff would justify the fee increases. As noted above, we are constantly working to improve our efficiency and cut costs, while carrying out our mission to protect U.S. agriculture from pest and disease outbreaks. The consolidation of AQI functions into CBP is one example of this ongoing effort; we cited others earlier in this document. As noted in the supplementary information section of the interim rule, we review our fees annually and adjust them when appropriate. If the APHIS-CBP consolidation results in future cost savings, the user fees will be adjusted to take this into account. AQI user fees are based on the actual costs of providing the specified AQI services and maintaining a 25-percent reserve in the AQI account for each service category, as explained above. The cost of providing AQI services rises from year to year due to inflation. Prior to the December 2004 interim rule, our last user fee adjustment had come in October 2001. Since our costs had risen substantially in the interim, as a result of inflation and staffing increases, we were not recovering the full costs of administering our AQI services and were being forced to draw from our reserve funds. Had we continued to do so, we would have exhausted the reserve funds. The AQI accounts would then have gone into deficit status, which would have forced APHIS and CBP to lay off significant numbers of employees and cut back on services. The user fee increases contained in the December 2004 interim rule prevented any possible interruption of AQI services. It was suggested by two commenters that a consolidated fee, reflecting the consolidation of agriculture, customs, and immigration functions into CBP, be adopted as a means of providing more streamlined and transparent accounting. While we will not be making any changes to the final rule as a result of this comment, we would note that consolidated APHIS-CBP fees already exist for purchasers of yearly truck decals. We will pursue further consolidation of fees if we determine that doing so would yield the benefits that the commenters suggest. Two commenters argued that the authority to collect the AQI user fees should be transferred from APHIS to CBP. The statute establishing the Department of Homeland Security (The Homeland Security Act of 2002, Pub. L. 107-296), which transferred many responsibilities from APHIS to CBP, did not transfer the authority to establish and collect AQI user fees. One commenter suggested that we did not discuss the benefits of AQI services to the general public. The benefits of AQI services were discussed in a number of places in the interim rule. It may be that the benefits are not immediately apparent to the general public because the chief benefit is the harm prevented by having these inspection services in place. The primary mission of our AQI personnel is to prevent animal and plant pests and diseases from entering the United States. Such disease and pest introductions could lead to reductions in agricultural yield and productivity, costs to governmental and private entities for pest or disease control and eradication, losses in export revenues due to trade embargoes, and environmental degradation, resulting in immense harm to U.S. agriculture. Another benefit of AQI services is that AQI inspectors prevent trade disruptions by inspecting and clearing cargo on a timely basis. Consumers and taxpayers would certainly feel the negative effects if AQI services were disrupted or reduced. A commenter stated that the interim rule contained no suggestion that AQI user fees could ever be decreased due to lower traffic volume and less workload. As we noted in the interim rule and earlier in this document, we review our fees annually and, if necessary, undertake rulemaking to amend them. We will adjust a fee up or down, as appropriate, depending on the actual cost of providing services. We have adjusted user fees downward in the past. In a final rule published in the **Federal Register** on January 19, 1996 (61 FR 2660-2665 Docket No. 94-074-2) and effective on March 1, 1996, we decreased our AQI user fee for commercial aircraft by 13.1 percent after our cost analysis revealed that this fee was too high. One commenter argued that the AQI user fee increases contained in the interim rule placed a disproportionate economic burden on the U.S. airline industry, undermining its attempts at financial recovery. We do not agree with this comment. The December 2004 interim rule included user fee adjustments for the inspection of commercial vessels, commercial trucks, and commercial railroad cars, as well as commercial aircraft, reflecting the increased costs of administering AQI services for all these types of conveyances. Had we exempted airlines from the fee increases, we would have placed an unfair burden on operators of other conveyances by forcing them to pay the airlines' share of the increased costs. One commenter argued that clarification is needed regarding operational and revenue sharing agreements between CBP and APHIS so that air couriers can understand which agency is responsible for providing specific AQI services under particular circumstances and which agency is responsible for billing for those services. APHIS continues to establish the animal and plant health policies and procedures for the AQI programs, under the authority of the Plant Protection Act, while CBP staff carry out most of these policies and procedures. CBP's agriculture specialists perform the primary inspections. APHIS personnel are still responsible for such functions as pest identification, agricultural product disposal, and fumigations, and are most likely to become involved in the inspection process subsequent to the primary inspection when a treatment is required or a violation of the regulations has occurred. The regulations in § 354.3 contain information on billing and requirements for the remittance of user fees, as well as the tables that list the fees. The December 2004 interim rule included only minor, nonsubstantive changes to the provisions concerning billing and remittances. CBP's regulations pertaining to user fee billing and remittances are located in title 24 of the Code of Federal Regulations. APHIS and CBP do have a revenue-sharing agreement. Finally, a commenter inquired as to how AQI user fee revenues are distributed between CBP and APHIS. The distribution is based on the cost to each agency of performing the AQI functions covered by a particular fee. APHIS and CBP have a signed memorandum of understanding that specifies how AQI user fee revenues are to be distributed. Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule without change. This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Further, this action has been determined to be significant for the purposes of Executive Order 12866 and, therefore, has been reviewed by the Office of Management and Budget. List of Subjects in 7 CFR Part 354 Animal diseases, Exports, Government employees, Imports, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Travel and transportation expenses. PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 354 and that was published at 69 FR 71660-71683 on December 9, 2004. Done in Washington, DC, this 18th day of August 2006. Bruce Knight, Under Secretary for Marketing and Regulatory Programs. [FR Doc. E6-14041 Filed 8-23-06; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 717 RIN 0560-AH64 Removal of Obsolete Regulations; Holding of Referenda AGENCY: Farm Service Agency, USDA. ACTION: Final rule. SUMMARY: This action removes regulations that have been rendered obsolete by expiration of their statutory authority and the ending of the programs they governed. There are no impacts on past or current program operations. EFFECTIVE DATE: August 24, 2006. FOR FURTHER INFORMATION CONTACT: Phillip Elder, Regulatory Review Group, Farm Service Agency, USDA, STOP 0540, 1400 Independence Avenue, SW., Washington, DC 20250-0540; Telephone:

(202)205-5851; e-mail: *Phillip.Elder@usda.gov.* SUPPLEMENTARY INFORMATION: Discussion of Final Rule This rule removes regulations at 7 CFR Part 717, Holding of Referenda. That regulation has been rendered obsolete by repeal of its statutory authority and the ending of it applicable programs. Part 717 was authorized by the Agricultural Adjustment Act of 1938 (1938 Act), as amended, and was applicable to all referenda held pursuant to that Act. This Act required the Secretary of Agriculture to establish national marketing quotas for flue-cured, burley and other types of tobacco in years where producers of such tobacco approved of having a national marketing quota (see 7 U.S.C. 1312 *et seq* . (2000)). The quotas for the respective crops were approved or disapproved by such producers in a referendum conducted as provided in part 717. Sections 611 through 613 of the American Jobs Creation Act of 2004 (Pub. L. 108-357; the 2004 Act) repealed the tobacco marketing quota and related price support programs authorized by Title III of the 1938 Act and the Agricultural Act of 1949. Thus, the Farm Service Agency has no authority for conducting producer referenda and 7 CFR part 717 is obsolete. Executive Order 12866 This rule related to internal agency management. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required, and this rule may be made effective less than 30 days after publication in the **Federal Register** . Further, because this rule relates to internal agency management, it is exempt from the provisions of Executive Order Nos. 12291 and 12866. Finally, this action is not a rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq* ., and is therefore exempt from the provisions of that Act. Accordingly, as authorized by section 808 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 808, this rule may be made effective upon publication. Paperwork Reduction Act This rule does not affect any information collections. List of Subjects in 7 CFR Part 717 Agricultural Commodities, Allotments, Price support programs, Quotas, Tobacco. PART 717—[REMOVED] Accordingly, under the authority of 5 U.S.C. 301, 7 CFR Chapter VII is amended by removing part 717. Signed at Washington, DC on August 9, 2006. Teresa C. Lasseter, Administrator, Farm Service Agency. [FR Doc. 06-7159 Filed 8-23-06; 8:45 am]

Connectionstraces to 8

Traces to 8 documents

U.S. Code